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0045 NEWTON STREET
r ��i� �� , ��Qt i�����pv' i'Y @�' dk �Ss�c�. '` �i ''� � �,; �� ,: -� �; ,. 1 L�� � ' •� ,, r :� . 1 40 / 00, / `���,n A � i MAR 2 5 2002 � i� � �� � �� n� gr �' i���� Homeless Not Hopeless 45 Newton St. Hyannis Ma Existing and Proposed Bedroom Dimensions and Use Bedroom Dimensions Square Feet #Beds Gender 1 I"Mr. Left side 9' 7"X 19' 3" 184.5 '` 2 Male I"Flr Right Front J 2' 2"X 13',4" 162 2 Male 2 nd Mr. Left Front IT X 12' 156 2 Male a� 2" Flr. Left Rear 9' 5"X 11' 11" H2 1 Male �Flr. Right Front 12' X 11' 132 2 Male 2" Flr. Right Rear 12' X 11' 3" 135 2 Male Addition#1 9' x 16' 9 1/2" 151 1 Male $ Addition#2 8' I/2" X 16' 9 '/2" 135 1 Male q Cottage Front 9' X 10' 5" 94 1 Male Cottage Rear 12' 11 1/2 X 10' 5" 135 1 Male EP7 tJ Y'� � 1 i t o AND =Low j I ; k r Ft _ , l3 O i k. � f� IV—II 3/4" ADDITION (� 0-4 Vi wt PATIO ® �pi BEDROOM � J 13�"S BEDROOM BEDROOM BATH zfi g �tf W . O LIN. PEG15 z� p BEDROOM a OL (�ze Fr BULK NFSD ON. .ENTRY aB .RAM 3 O I I I� DINING d ° KITCHENLLI II " W V^ ® PROPOSED ADDITION N E FLOOR PLAN BATH RELOCATE w Z N EXISTING WINDOW SCALE: I/4" I'—O° B P K F Z Q P� LIVING ROOM §§§.`,SUN ROOM °� W. ( � Q Z= Zq F T' �. p'�l4IS 1 3 i SHEET 2 OF 4 ' DRAWN BY: HW T DATE, I/4/1, a 54 7 Town of Barnstable - Regulatory Services 4 Thomas F.Gelder,Director DEP'T• # M Building Division BUILDING g ►� Tom Perry,Building Commissioner III I� o` 2011 200 Main Street, Hyamlis,AAA 02601 1•'„� www.towu barnstable.ma.us , TOWN OF BABN'TABLE Office: 508462-4038 Fag: 508-790-G23Q PERMIT# J r — I �V� FEE. . S SHED REGISTRATION _ 200 square feet or less Location of shed(address) Pillage Property owner's name Telephone mmmober �?x /0 308 /-10 Size of Shed Mw?ucw# i eL / Signature r T_y Hyannis Main Street Waterfront Historic District? Old Ring's Highway Historic District Commission jurisdiction? . <• If over 120 square feet,you must file with Old King's Highway Conservation Commission(signature is required) Sign off hours for Conservation 8:00-9:30&3:304:30 PLEASE NOTE: IF YOU ARE WITHIN THE JURISDICTION OF ANY OF-THE ABOVE COMMISSIONS,THERE MAY BE A REVIEW PROCESS AND APPLICATION FEE. PLEASE SEE THE APPROPRIATE COMMISSION FOR DETAILS. THIS FORM MUST BE ACCOMPANIED BY A PLOT PLAN RFV:05201�� 51. Na NOTES ZONING SUMMARY 1.DATUM IS NAVDSfl 2.THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT To ZONING DISTRICT: RB DISTRICT BE USED FOR LOT LNE STAKING OR ANY OTHER MIN. LOT SIZE 43,560 S.F. PURPOSE. MIN. LOT FRONTAGE 20' tons 3.CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING MIN. LOT WIDTH 100' Ob DIGSAFE(1-888-344-7233)AND VERIFYING THE 3' MIN. FRONT SETBACK 20' LOCATION OF ALL UNDERGROUND&OVERHEAD UTIUTIES PRIOR TO COMMENCEMENT OF WORK. MIN. SIDE SETBACK 10' 4.TOWN WATER&SEWER EXISTING MIN. REAR SETBACK 10' , MAX. BUILDING HEIGHT 30' ay 5.GRAVEL PARKING TO BE 2-OF 3/4•NATIVE STONE SITE IS LOCATED WITHIN THE AQUIFER COMPACTED INTO 6'OF REPROCESSED ASPHALT PROTECTION GRAVEL OVERLAY DISTRICT S.DRYWELLS TO BE 2'0 CONCRETE WITH 3/4•WASHED Nantucket STONE SET DOWN INTO CLEAN SAND.4.0 SCH40 PVC - Sound ROOF DRAINS.COORDINATE CUTTERS AND DOWNSPOUT - LOCATIONS WITH BUILDING DESIGNER.DRYWELLS SURFACE AREA TO BE APPROXIMATELY BX OF ROOF ' AREA CONTRIBUTING TO EACH DRAIN. LOCUS MA SCALE 1 2000't MAP 3oe PCL 151 ASSESSORS MAP 308 PARCEL 158 SALLY A JGHNSON 35 rvEwroN srREET HYANNIS FIRE DISTRICT I HYANNIS,MA 02601 MAP 8 PCL ISe MOTOR IDS&DOROTHY J? E . - 2 A 4 /601 S8634'0 M "I B _ NOR FL 33160 g 6 • 4 _ OWNER OF RECORD 31 0l 4r TODD C ELWELL N88' 6'49"E - ✓z �' $ 12 THORNRON DR 21 19' PAVE "¢ 3 W HYANNIS, MA 02601 . 6 i F-- EXISTING I COTTAGE J ^ E--I _ IGRREE�ELII TOF = 33.2 I _ D o $ 33-\/— P AVEL n o I.—_ ® C PARKINGN 6 , -�- __ REFERENCES i- -z' 1 /18 PR 0 CERT 174273 .. I: ADDI ON G LCP 24291 A 22.5116 \ LCB - LCP 9638 G EXISTING -+ FND - _ DWELLING 8 4• =: SEWER TOF = 34.4 $ - ao .q + L oIl 1 FFLR = 35.2 m 11 - EE .. I. 1 I� .E- r E' z I ' Ic1�a OTS I I T & 78 9.9• `S $ MAP 308 PCL 167 r 12.0 S.F. 17ANNE KUCHEL& DAVID R VILUNEAU 0.28 C I 11 33 f 34 BURAN ROAD 32 H 00lANONDRSRN35 - 1 I I 10.0' S8 O6'49"tWfi�tt,, - 13/SPACES Q• I L �. ,5.50 - Os SITE PLAN 588'O6 48-"V OF APLE (PUBLIC VARIABLE ) AVENUE #45 NEWTON STREET I HYANNIS, MA 1 I -I L PREPARED FOR HOMELESS NOT HOPELESS INC. DATE: JAN. 15, 201E REV.: JAN.26, 2016 4 DAAIEL DANIELA- OJALA OJALA I 011 508-362-4541 Nu 4oB80-, w CIVIL fax 508-l62-9880 9oe off' N 46502 Ocwnca pa.com `'ins°a°` FSS,aHAL Epp? down rape engineefiag,%At. civil engineers -2�- L land surveyors ScDle:1"=20' I-ic- l0 939 Main Street (Rte 6A) DATE DANIEL A. OJALA, P.E., P.L.S. DCE #1 B-008 0 ID 20 30 40• 50 FEET YARMOU7HPOR7 MA 02675 16-008 A Legend rX a I �r ` �s, 4 _. ❑Parcels 3©8145 3D815W y Town Boundary 30815;4i 31J8165 B - 3g8161 L — Railroad Tracks #707 #_ 1. a—*— 014 - #509 t�Buildings •.. Painted Lines 308143 F08,23,66 Parking Lots #725 38155Paved 'if �* :kt Unpaved #2 Driveways 0 _ 0 Paved # • - " Unpaved Roads 'j 3081'48� - ®Bridges #36 7 y 17 Paved Roads 30' 76; 13Unpaved Roads ' Streams 308156 �308159,i #67 #35 Marsh 13 Water Bodies j308168 •- #40 �j 308155 3081�58 t 64 #45 308169 9 r .:308144 # 4 �. 4 #749 Ulf 1)f+ 1.4(ff � •Y 4. I._. #45 - S 307d$) ttb 307086 i;-Z #53 J* I 307077 i 30, Q75 ..� 307076 422#44 #"32 2891107 W4. 307088 � v� 64 30707 4 30 r 071 30.0.70 IV4 i. Map printed on: 2/3/2017 This map is for illustration purposes only.It is not Parcel lines shown on this map are only graphic Town of Barnstable GIS Unit adequate for legal boundary determination or representations of Assessor's tax parcels.They are Feet regulatory interpretation.This map does not represent not true property boundaries and do not represent 367 Main Street,Hyannis,MA 026oi O 83 167 an on-the-ground survey.It may be generalized,may not accurate relationships to physical objects on the map 5o8-862-4624 reflect current conditions,and may contain such as building locations. Approx.Scale:1 inch= 83 feet cartographic errors or omissions. gis@town.barnstable.ma.us t '�v YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission t opera e. ou must first obtain the necessary signatures"on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, 1 st FI., 367 Main St., Hyannis, MA 02601. (Town Hall) and-get the. Business Certificate that is .required by law. DATE: Fill in please: •,�{,;as ;�%av�:`z APPLICANT'S YOUR NAME/S: Fl 'ter»° �c �"'I �'' V C' ic'�141u•'Ii 9Y?{':!{,•. I . ;:i :.;fia,; BUSINESS YOUR HOME ADDRESS: l S /V Df� IQ .��D K U ,3S� >4 rl r� I` .. "t ° . ,`� TELEPHONE # Home Telephone Number - 1 ii�'i`!iJiJ=rtiN " E-MAIL: �� P� I • �ol'� I lri:JYi.l ii: kil"jet}�l]'; .i NAME OF CORPORATION:_ NAME OFNEW BUSINESS _5 TYPE OF BUSINESS 'T'r—et Se r{,1'GP IS THIS A HOME OCCUPATION? ES NO ADDRESS OF BUSINESS... , N O�QO I MAP/PARCEL NUMBER (Assessing) When starting a new business there are.several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need..You MUST GO TO e+a�t!_— (corner of Yarmouth ' Rd. & Main Street)"to make sure you have the appropriate permits and licenses required to legally opera e s!ness in this town. 1. BUILDING COM ER'S OFFIC MUST COMPLY WITH HOME OCCUPATION This individua he e inTErrme a armi re uiremeri s hat pertain to this type of business.RULES AND REGULATI(..4�8' �.AILURE TO 3� COMPLY MAY RCS- UL-T IN FINE. u rize g n ture** OMMENTSLn 2. BOARD O HEALTH This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature** COMMENTS: 3. CONSUMER AFFAIRS[LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature** COMMENTS: Town of Barnstable j^ Regulatory Services ' F SHE Tp� o Richard V. Scali,Director Building Division , i63q 16 Paul Roma,Building Commissioner . a�0� 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-623 0 Approved: Fee: Permit#: HOME OCCUPATION REGISTRATION Date: / ` r / /' 7 r-r N Name: l ( Phone#: �6� Ll�� ' b J �� 1� Address: / S /y�- W LC>Y) 1 Village: Name of Business: v Y7 Yee- Se r V 1,C- Type of Business: ESTumo kb11NaJ-----YapUt: INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation C within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the �- activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;and no increase in air or groundwater pollution. C After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the permanent resident of a single family residential dwelling unit,located c within that dwelling unit. (1 (t (� • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke,dust or other particular matter,odors,electrical disturbance,heat.glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. 4- • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. - • There is no exterior storage or display of materials or equipment 4 • . There are no commercial vehicles related to the Customary Home Occupation,other than one van or one -� pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to fb exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • . No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be - included • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. 1,the undersigned,have read and agree with the above restrictions for my home occupation i am registering. . GN Applicant: / Date: I - Homeoc.doc Rev.06/20/16 I i ' �'� V,:� f �? February 14,2017 To Whom It May Concern: Tilo Pignolo, Owner of Anthony's Tree Service, has my permission to park his trucks and store his equipment at my shop, located at 7 Commerce Drive,Suite 3,Orleans, MA. Please feel free to contact me with any questions. I can be reached at 508-255-8733. Best Regards, Joseph Thomas, Owner,A to Z Treez, Inc. A to Z Treez 7 Commerce Drive•Orleans,MA 02653 508-255-TREE(8733) www.capecodtreeservices.com J 1v9WN OF BARNSTABLE BUILDING PERMIT APPLICATION. Map- — Parcel— \'S� � Application # Health Division BUILDING DEPT. Date Issued Z7 ICI--IC/off PF Conservation Division Application Fee �5 y Planning Dept. FEB 1 Zo16 Permit Fee -7 / Date Definitive Plan Approved by Planning Board T W�j C)1= BARN BILE � Historic - OKH _ Preservation/ Hyannis Project Street Address Village Owner Me \C e-S S Address Telephone '1 Permit Re �.�ee�Sfl veWe ZxeA-R uc ��� Squarefeet: 1 s f r: existing 1propose Co 2nd floor: existing c�Saproposed _Total new"!SqG Zoning District Flood Plain Groundwater Overlay Project Valuation ` o0o Construction Type�VN-x^2 Lot Size `�>, .©S11 14C QQ Grandfathered: AYes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family . Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ;.No On Old King's Highway: ❑Yes No Basement Type: lkFull ❑ Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) V�I Basement Unfinished Area (sq.ft) Number of Baths: Full: existing \ new �_ Half: existing \ new Number of Bedrooms: existing 9.new Total Room Count (not including baths): existing new First Floor Room Count _ Heat Type and Fuel: 0 Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes 0 No Fireplaces: Existing New Cd Existing wood/coal stove: ❑Yes ;Y,,No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# C ;Q\ LCo Current Use 5Z 1 A Q �A)VmL Q Proposed Use `�A �� APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name 1�\__ Telephone Number Address 1s S License # ®`S,c &`;'1 G Home Improvement Contractor# \13 aL\'VA Email AA66 CoAA Worker's Compensation # -I Qa U'0�,a z- �Aql�5 5 ALL Cr 'ITI N DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE ( DATES FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: ' FOUNDATION FRAME y INSULATION j FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL .FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. 27le Commoltivedltii oj -Massadttrsetfs Departrffent a, Industrial Accidents 0},ive of1mw6gadons - 600 Washington Street Boston,MA 02111 . tcrvtsr nrassgrav/dire _ ' 'Tarkers' Campensaf on Insurance Affidavit:B.eiders/ContracturrsJElectr ciansIP'umbers Applicant Infarmatian Please Prim I �Iv Nat=(HusaleesstDFgsnizatianfrnd Address: 3 S°l CA�U�. �. ��Ak City/State- Ce r .\ 2 Phone SQ g- Are you an employer?Cheekthe appropriate box: Type of project(required): I.Wl am a employer with �j 4. ❑I am a general contractor and I employ. (full andlor part-#ime * have luredthe sub-contractors 6. New construction y 2.0 I am a sole pioptietns orgartner- listed on flee attached sheet +7. [gRemodeling ship and have no employees. These sub-confrac#ors have g- ❑Demolition w orlinb g for me in art capacity- employees and,har a workers' Y � �- 9. ❑Building addition ° [No wrodoers'Comp.insurance comp_insurance-1 re wired_] 5. ❑ We are a corporation and its lO �Electrical repairs or additions `311 1 am.a bomeoKmer doing all work officers have exercised their 11.❑Plumbingrepairs or additions m, o workers' - ri flat of exemption per I4IGL 12_❑Rflaf repairs jw erequired,]T c.152,§1(4),andwe have no employees-[No workers' ' 13.❑Other comp-insurance raegi iced-] •Any whcs fist cheda box R umst elso fiIIout the sectioab9awsLnhing iheeir wodce a compensafWnpoHU iafoematiaa 1 MmeDwnen who sub=rEtt dtis affidatdr under z=g they are doing all wal sad then hire outride comttisicaars nmst submit a new affidavit indiczdag such.. fCan=ctoas thst check This box must attached.`zm additional sheet showing the name of&a sub-ca=zcttoa and state whether or not(hose entities bay emplayees.If the snbtm-bactmshaveemployees,theymastpmv-idetheir workers''comp.paliUnmaber- I am an enrpiicrr tlerrt is pro�zdurg workers'catrrperasttiiara insruaarca}or nc}�enrpFn3�ees BeIoty is ilte policy curd jaF�srte inforrnaliom Irtsurince Company Name:-"\- U 2 Policy A or Self-inns.1!c-* \� a2 F` ©l%S—[S\ ExpirationDate: \O `o Job Site Address: 't-,.^ ��e�~d N4. GityJStateJ2ap: V41r (� 5 Attach a copy of the corkers'comapensation policy decilration page(showing the policy numm and expiration date}. Failure to secure coverage as requiredunder Section:25A of MGL c.1572 can lead to the ituposition of criminal penalties of a fine up to$1,50DOD aad'or once-yearimprisouraenk as well as civil penalties in the form of a STOP WORK ORDER and a hme of up to$250.00 a day against the-violator. Be advised that a copy of this statement maybe forwarded to the Office of ImmsEgations of the DIA for insumuce-coverage v on- I ti'a hereby cgtWf-j,under t g a ar penahUes ofgeduly thattlte irzfortt adMj proti&M&abM,0 is bare and correct Sitnature: Date: - O Phone�: C7,z- ` !q� - Official use only. ,Dv not write in this area,to be cainpleted by city ortoa-n offrciat r ' City or Town: PeraatMicense;g , Issuing Anthor€ty(ci r e cane): 1.Board of HeaIth '•.Building Department 3.ftyATo►en Clerk 4.Electrical Inspector ,Plumbing Inspector 6.Other Contact Person: Phone#: e � ormation• 'and,lastrncfions Massachuseffs Geneaal Laws chapter 152 req=es an employers to provide worker'compensation for their employees. Pursuant-to this st@±uh;as e2nplayee is defined as."_.everp Person i a lho service of another under any coifract of hire, express or implied;oral or wIIffim�" An enrplayer is defined as"an individzla],paifner.hT associatiou,corporation or other legal e�iiy,or any two or more of the foregoing engaged is a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other Iegal entity,employing employees. However the owner of a dwelling house having not more than tbree,apartments and who resides therein,or the oGcapa at of the - dwelling house of another who employs p=sons to do maintenance,contraction or repair work on such dwelling house or on the grounds or building appurtenant theretn shaIl not bmanse of such employment be deemeti to be.an employer." MGL chapter 152,§25C(6)also states that"every stag or local licensing agency shall withhold fine issuance or renewal of a license or permit to operate a business or to construct buildings iu 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 commaawealth nor aay of its political subdivisions shall euttr into any contact for theperformance ofpnblic workBntl acceptable evidence of compliance- ji the:insurance. raq ements of this chapter have been presented to the contracting authority.' hority.' Applicants , Please flI o± the workers'compensation affidavit completely,by checI®g e boxes$tat apply to your situation and,if necessary,supply sub-contractors)name(s), addresses)and phonenumber(s) along withthc r cMt1fa-cafe(s)of Tcrrranc0. LimitedLiabiltyCompanies(LLC)or LimitedLiab�7ity-Partneabips(LLP)witiin0 employees other than the members or partners,are not rbqui ed to carry workers' compensation iasra'ance_ If an L LC or LLP does have employees, apolicy is rupime Be advised that this affrdayit may be submi`dr--d to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be rtt med to the city or town that the application for the permit or license is being requested,not the Department of Tndi-r,stria I A ccidenis. Should you have aury questions regarding the Jaw or if you az e rewired to obtain a workers' compensation policy,please call the Department at the nnmbea listed below. Self insured comperes should enter their seIf-fis -ance license number on the appropriate line. City or Town Officials t 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 sue to .fill in the peffiitllicense number which will be used as a reference number. In.addition,an.applicant that must submit muttiple peimit/license applications in any given year,need only submit one affidavit indicate current olicv information if necessary and under"lob Site Address"the applicant should write"all locations n (city or P C ) �� b officially stamped or marked b the city or town may be provided to the o the•affidavit that has e n Y town)-"A copy f ��P - P "censer A new affidavitmust be fi k-d.out each ' oo that a valid affidavit is on file for fire ermifs or Ii applicant as pr f P year,Wherm a home owner or ciiizzu is obtaining a license or permit not related to any business or commercial venture (i-e. a dog license or permit to bum leaves eta.)said person is NOT regimed to complete this affidavit The Office of Investigations would at to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The DeP ess,arimenfs addr telephone and fax IT"' err -Tht C -iE of M ssaclhhusetts ' - Depar�n�nt cif Izid�zial Acci�.�nts � , =ce t I� Ig`�IOJEl r T(,-1.4 617-' -4900=t 406 or 1-977-MASSAFE Fax#617-727 7M Revise:4-24-07 -M -gogldia -' Pi rr l4 U k""C f{/ rr V.Vu. tw"a61 F!-c_c.cvi. "A [icy.. -r• Xassachuseftg Cbetklig for- COmplianCe(780 CATIZ5301'1 l.1)` - y Ch=, k CanVilance 1.1 SCOPE .......__:._..._.._-------------•--•-------•--••---•--------.._----__:_110 mph Wind Speed(3-sec.gust)_.:_......w.:_._._.---•• P Wind Expom re Category_---_.__.___.__--_______•_::-•: - __._._._...............•__......___--_----_--••-•-•.._.._._....._....... ... B Wind Exposure Category........__•_____Engineering Required For Entire Project...................................:__:C 12 APPLICABILITY Number of Stories(a roof which exceeds 8 in 12 slope shall be considered a story) stories 5 2 stories RoofPitch.__:_..._-_•---.••-_--•-----••---••---------------.-:.---_••_•_•-(Fig 2) ---------•-_-•-•-------•-•--------• 51212 Mean Roof Height ..: ••. •-__•-(Fig 2)-............................................ <' ' Building Width,W F 3 ' Bulding Length, L (Fig 3)-- ' Building Aspect Ratio([N►) .._.._:__...___.._ ......................(Fig 4).........._::_:_:___._............._____: -<.:__. 3:1 Nominal Height of Tallest DpeningZ ........................._.. .. .(Fig 4)•---•••---...................... - <6'8` 1.3 FRAMING CONNECTIONS General compliance with framing riinnectians....... (Table 2)...........--................................................ Z_1 FOUNDATION Foundation Wells meeting requirements of 78D CMR 5404_1 Goncreta................................•-•-•-•......:_. . ....--•-•....._. . . ....._. ._..._._....-••••• ................... Cana ete Masonry........... .........................................................._....------------- ................_................. 2-2 ANCHORASE TO FOUNDATION'S 5/8'Anchor Bottsvimbedded or 5/S'Proprietary Mechanical Anchors as an alternative in concrete only Bolt Spacing-general............... ....... ._:.[Table 4) _._ ._...... --- in. Bolt Spacing fmrri endrjoint of plate...............------------(Fig-5)....................-------- -------- in.5 W-12", Bolt Embedment-concrete..........._...........................(Fig 5):.-,..............................._:_._._..._._in.>7" «,.0 Bolt Embedment-masonry...........:.:...:......................(Fig 5)---..:......j......_........................ in.>_15' Plate Washer..:_-2 .._.._.. .._._....--•-......(Fig 5)-------........--• ......---_:__... >_Y x Y x tV.' 3.1 FLOORS Floor-framing member spans checked .-----__----_-----...__...(per 7B0 CMR Chapter 55)...........::_:.............._... Maximum Floor Opening Dimension_............................._..(Fig 6)....._............................_._....____. tt Full Height Wall Studs at Floor Openings less than 2'ffnm Exterior Wall-(Fig 6)........................... ......... Maximum Floor Joist Setbacks w Suppofing Loadbeadng Wairs or Shearwall___ ...._.__(Fig 7)--------------............�.___--------:-••__-._ft :5 d Maximum Cantllevened Floor Joists %Supporting L oadbearing Walls or Shearwall_ ...._...__.(Fig 8)__:___.____._....._.._._.._:..:_-_-............... ft.s d FioorBracing at Endwalls..__........................:._............. ' •_•(Fi9 9)----- :•-:--=_------- ....................... Floor Sheathing Type ..................... ..............................(pef780 CMR-Chapter 55)--___.____.--_------_--______.__. Floor Sheathing Thickness .._. ------------ er 780 CMR Chapter 55 ' Floor Sheathing Fastening-..........................................::..(Table 2)_._d nails at in edge/_in field 4A WALLS Wall Height - - Loadbearing WAS....................._____ ____-_.:.............(Fig 10 and Table 5).............._..........._ft`510' Non-Loadbearin' walls.._._:_....:._:.:. F 10 and Table 5 _ft's 20` ' Wall Stud Spacing ......._..............................................(Fig 10 and Table 5)-------:..........._in. 24 o.c: Wall Story Offsets ........... ............... .......... (Figs 7 8).......................................... ft s d . 4-2LXTFRI OR WALLS' Wood Studs L.oadbeadng malls...-----..:.......... .......(["able .....................:___.---2x-_ff_in. Non-Loadbearing walls (T )..._.._._..._..... .---.........---...............!....._.....: ab}e 5 :...........2x • - • �. ft in. Gable End Wall Bracing i .— — Full Height Endwall Studs:.._....... --_----------------- (Fig 1 D).....-...:---------- .....-_•:................_........ ..__ WSP•Atfic Floor Length......................_..::....__=_---�(Fig 11)_.__...............::__.:_...:..:_..__ ft i:W/3 Gypsum Ceifing Length(if WSP.not used)................::.(Fig.11)..__. and 2 z 4 Gonfinuotls Lateral brace @ 6 ft.a.c ..(Fig 11)......... ............................................. : or 1 x 1ceiling furring strips @ l W spacing min.wi h 2 x 4 blocking.@ 4 ft.spacing in end joist ar truss bays Double Top Plate Spfice Length ....::. _ _w.:-----•(Fig 13 and Table 6) _ft S Gce Connection no of 16d common pals) (Tab[e 6)p ( .......... _ r ............. Massachusetts Checklist for Compliance (781f ChiR5301 l:-W Loadbearing Wal&Connecfjons - = ' Lateral(no.of 16d common nails)-.............. __(Tables 7) Non-Uradbearing Wall Connections Lateral(no_of 16d common trails} -•-------(Table Load Bearing Wall Openings(record largest opening but check-all apenings for.corrtpfiiance to Table 9) Header Spans ------_----------------____..__.:--------------(Table 9)........................._.... ft SIR Platte S ns .-----_- _ _.__....____ .._. able 9 ...... ft in.s 11' Full Height Studs (no.of studs)---.-____....___.._.__.._-(Table 9)...................................A..... _.__.. Non-Load Bearing Wall Openings(record largest opening but check all openings for compliance to Table 9) Header Spans......................__•.__.-__..__....._....._.._._....(Table 9)......:...._-_--.................:. ft irL!; Sill Plate Spans.... -. ---(Table 9)----------------_ :!; Full Height Studs (no.of studs).... ............._---_._..._(Table 9)........................................ ..._... .... Exterior Wall Sheathing to Resist Upfrff and Shear Simultaneousty4 Minimum Building Dimension,W Nominal Height of Tallest Opening ........... .............................. 5 6,w SheathingType.............. :.............................(note 4)'......... ............................................ Edge Nail Spacing------------------------------I.........(Table 10 or note 4 if less)._.__.._._..__._...._. in. ' Field Nail Spacing---------.................................(Table 10)--------------_------------_.--"------------ in. Shear Connection(no.of 16d common nails)(Table 10).......__._.' _____................................ — Percent Full--Haight Sheathin :_(Table 1 D . :::.... 5%Addi6onal Sheathing for Wall wiih Opening>6'8"(Design Concepts)........__.._.._ Maximum Building Dimension, L Nominal Height of Tallest DpeningZ...."............................................ . SheaFliing Type----------....................................(note 4)---_-------. — Edge Nail Spacing--"............................._--___(Table 11 or note 4 if less)........._.............. in_ Field Nail Spacing---.-_---.----------•----•- =.........(Table-11)........................... ..........:_....._ in. Shear Connection(no.of 16d common riails)'(Table 11) - - Percent Eull-Height Sheathing.......................(Table 11)_......_.:_...._..... .• ..._::__% : _ 5%Additional Sheathing for Wall wiih'Dpening>6'8"(Design Concepts)-.:.......:......... Wall Cladding Ratedfor Mind Speed?- - - --.._.. ............................. ..........................--•- ...... _ 5.1 ROOFS Roof framing member spans checked?--"_------------------(For Rafters use AWC Span Toot,see BBRS Website) Roof dverhane ..............."•--....__.........................(Figure 19 ft 5 smaller of 2'or 1,13 Truss or Rafter Connections at Loadbea ng Walls : Proprietary Connectors Upfift............_......__I - "(Table 12).......................... .__..U= plf Lateral..........................................(Table 12)------------------------.----•----_---L= pif Shear................. .................................... ---•S= Pft Ridge Scrap Connections, if collar ties not used per page 21... (Table 13)............................_.T=____L.pif Gable Rake Outlooker...............................__.______.(Figure 20)............ ft_<smaller of 2'or L/2 ; Truss or Ratter Conriec6ons at Non-Loadbearing Walls Proprietary Connectors Uplift................_.................._........(Table 14)--------.--- -----•---------........ ..__ -• lateral(no.of 16d common nails)._.(Table 14).............. ._L= . lb. . Roof Sheathing Type------ --------- ---•-------•----•---.-•.-------(per TH CMR Chapters 513 and 59) ............ Roof Sheathing Thickness.................--- - —.._...............---._.._...:_....-----..._._. in.>_7/16'WSP . Roof Sheathing Fastening---.........- --- ---....:._:(Table 2).........................__...--.............................. : Notes: - -1. . This.chackiist shall be met in its entirety;excluding the specific exception noted 1n 2, to comply with the requirements`of 7aD CMR53D1.2.1.1 Item 1. If the checklist is met in its entirety then the following metal straps and hold downs ara not ' required per the WFCM 110 mph Guide: a. Steel Straps per Figure 5 b. 20 Gage Straps per.Fgure 11 : c. Uplift Straps per Figure 14 d_ All Straps per Figure 17 e. Comer Sind Hold Downs per Figure 1 Ba and Figure 18b 2. ' Exception:Opening heights of up to 8 ft.shall be permitted when 5% is added to the percent fulkheight sheathing.' - requirerrients shown in Tables 1D and 11. : 3. The bottom sill plate in exterior walis shall be a minimum 2 in.nominal thickness pressure treated#2-grade. r At a. From Tabies-' D and 11 and location of-wall sheathing and Building Aspect Ratio,determine Percent Full-Height Sheathing and Mail Spacing requirements - b. Wood Structural Panels shall be minimum thiclmess of 7116'and be installed as follows: L Panels shall be inst-alled,Mth strength axis parallel to studs. , il. Al horizontal joints shall occur over and be nailed to framing. UL On single story construCUDn,panels shall be attached to bottom plates and top member of the double top plate. iv. On two story construction, upper panels shall be attached to the top member of the upper double top plate and to band joist at bottom of panel- Upper attachment of lower panel shall be made to band joist and lower attachment made to lowest plate at first fioor framing. ' v. Horizontal nal spacing at double top plates, band joists, and girders shall be a double row of ad staggered at 3 inches on center per figures below:Vertical and Hodwritaal Nailing for Panel Attachment 5. Glazing protection:a)new house or horizontal addition—required if project is 1 mile or closer to shop:(generally,south of Rte.28 or north of Rfe.6) b)vertical add6on—not required unless there is extensive n�novation to the first floor c)replacement iviridows—needs energy conservation compliance only.(chap 93) 6.Wood Frame Construction Manual(WFCM)for 11 D MPH, Exposure B'may be obtained from the American Wood Courcil (AWC)website. WHENTHsEDGERES1 ou FRAr t=USE5d UU_S� ATG-bL 1 IA t If o x rrz 1 sv +l rr� [ i i c7d I i 1 11 [r 1L fEtaEPJAGD1k E I t t ID [" . � as It � t t r [ ►• - - - ' rL S 1 1 1 f —y— i l ► [! 11 14 DDi1PQF�GE l,� STAG S�AC1i I WkILFATTEF94 PANS A1JS Ply EDGE WUaLE NAL R>_-E SPAC"Q DEML See Dkfail on Next Page Verlical and HDfi7_0ril;3l Nailing Detail far Panel Attachment Verti�l and Hotizonial Nailing . for Panel Attachment ' ffidavit of Substantial Financial Interest- .- - 1, ,l ofd� �Dl�C�yg1/� 9Q on oath depose an state& lows: 1. I.am an applicant for a building permit for the property located at Map '3a R:-, Parcel VS�'. The address.of the property is UU 2. 1 have \<C�,O % legal.or equitable interest in the real properly which is the subject of the building permit applica. on which is identified in paragraph 1 above. 3. Within in the last twelve months from today's date, which is a=Q —\Ce , the following individuals or entities have had a 1% or greater legal or equitable interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above: .Name Address 4. Within the last twelve months, from today's date, which is , I have had a 1% or greater legal or equitable interest in the following properties which have been the subject of a buildingg-permit application: MaplParcel Address ', applications.for 5. Within this calendar year, I have submitted building permit application fo r property in which l have a 1% or greater legal or equitable interest. . 6. Within the Iast ten days,l have submitted building permit applications for property in which i have a-1% or greater legal or equitable interest. 7. Within this month,'i have submitted building permit applications for property in which.1 have a 1%legal or equitable interest. B. Within this month, I have received building permits for property in which I have a 1% legal or equitable interest: Signed.under the pains and penalties of perjury,this day of , 200_. 2001-0050/mTin ti 1 QILDTTERY/AFFIDAVIT -- Town of Barnstable Regulatory Services . ! RIANRARY�Y � nse.9s. .Richard V.Sca%Interim Director . BiuIding Division Tom Perry,Budding Commissioner 200 Main Street Hy=ds,MA 02601 www.town_barnstable ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must. Coin_ plete.and Sign This Section. If Us A Builder as Owner of the sub'ect to � pay hereby aBthotize d�J �N. ✓ll� to act on.m Y.bebalf, is aIl matters tEhtive to work authorized by this buRding p ettnit 44,cs AM ,'- (Address of Job) ' Pool fences and alarms ate the responsibility of the applicant. Pools are not to be filled ot.utilized before fence is installed and all final inspections are performed arLd accepted. .aD S g2l=e of Owner' Sig�e of AppI ca¢t. .A R Print Natae Print Name M16 :. .. •_ . Regulatory- S.er. vices - pTr Richard Y.Scafi,Interim Director. .. BuiIding..Divi, an - • �- g�,aHcr.nr�e Tom Perry,$nzZding Commissioner mess 200 Main Street; Hyaanis,MA 02601 �vww:tawu barnstahle:ma.us Offi ce• 508-862-4038 .F= 508-750-6250 : HOMEOWNM race.M EXMIPn0rl _ - Please Print DATE: JOBJ C)O T101'q: - n�ber shzet ° HOMEOW1�: TMM home phone work phone$ MAILING ADDRESS: . CURRENT .. . cityliown chats: zip cods " _ e and to allow s• units or less. w e of � ded to include owner oc ied dw Iim as eaten e ent exemption'• for `homeowners W � � The cure hbmeoners to engage an individual for hire who does not possess a license, as cense,provided that the owner superyisor. DEF=ON of HabAFoWrt R Persons who owns aP arcel 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 on home in a two-year period shall not be considered a homeowner. Such"homeowner"shallsubmit 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 buildmg peimit. (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"certifes.that he/she understands the Town ofBamstable Building Department minitnum inspection procedures and requirEmenis and that he/she will comply with said procedures and requirements. Sign ofHomcawncr Approval ofBtufidmgOfcia1 Note: Three-may dwellings coot±dog 35;000 cubic feet or larger will be required to comply With the State Building Code Section 127.0 Cans'truction Cant,oL - HObMOWMWS zX rl0N The.Cdde states than "Any.homeowner performing work for which a building permit is required shall be exempt d=o a ors • rounded that if the homeowner 0 .1.1--.Licensing of construction rv-is , from the provisions of this section(Sectinn 1 9 g Sap •" ) P engages a persons)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 respansifiliiies of a supervisor . (see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Seaiion Z:1 .Tk§jack of awareness-often _ results in serioas 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,marry communities rewire,as part of the permit application,that the homeowner certity that he/she understands the responsi"Mi ies of a Supervisor. On the last page of this issue is a.form currently used by several towns. You may re t amend and adopt such a formlcericaiinn for use zu care your cosimuniiy. �:1WPFiL..�Ft-]RMSIl+�+?dmgpr�t��dFr1�zF4Sdoc- •. ' . NEW HOUSE SUBMITTAL SCHEDULE If Submitted By Will Not Be Issued Before* December 10-December 23,2015------------------------------------------------------January 6,2016 December 24-January 6,2016----------------------=--------------------------=------January 20,2016 January 7-January 20,2016-------------------- -February 3,2016 --------------------------------------- January 21 -February 3,2016---------------------------=-------=--------------------February 17,2016 February 4-February 17,2016-----------------------------------------------------------March 2,2016 February 18-March 2, 2016--------------------------------------------------------------March 16,2016 March 3-March 16,2016----------------------------------------------------------------March 30, 2016 March 17-March 30, 2016----------------------------------------------------------------April 13,2016 March 31 -April 13,2016---------------------------------------------=---------------------April 27,2016 April 14-April 27,2016---------------------------------------------------------------------May l l;2016 April 28-May 11,2016------------------------------------------------..---------------------May 25,2016 May 12-May 25,2016--=----`-----=----+"- ` =-=---- --- June 18,2016 I -------------- -_------------- ------------ May 26-June 8,2016---=--=--=--=-----=----------,,--------------------------------------June 22,2016 June 9-June 22,2016------=--------------------------------------------------;--------------July 6, 2016 June 23-July b,2016- --------------- ----- `-_-----------=-----------------------------July 20, 2016, July 7,-July 20, 2016----------------------------------------------------------------------August 3,2016 July 21 -August 3,2016--------------- -------=-==-------=---.--------------------------August 17,2016 --------------------------------------------------------August 31,2016 August 4-August 17,2016----- August 18-August 31, 2016---------------------------------------------------------September 14;2016 September 1-September 14,2016---------------------------------------------------September 28, 2016 September 15-September 28,2016---------------------------------------------------October 12,2016 September 29-October 12,2016-----------------------------------------------------October 26, 2016 i October 13-October 26,2016---------=---------------------------------------------November 9,2016 October 27-November 9,2016-=---------------- ----------------------November 23,2016 November 10-November 23,2016------------------------------ ------------=------December 7,2016 November 24-December 7,2016--------------------------------------------------December 21,2016 December.8,-December 21,201&--------------------------- --------------------------January 4,2017 December 22-January 4,2017---------------=-----------------------------------------January 18, 2017 *The Building Department has 30 days to review permits. HOMELESS NOT HOPELESS,INC. 45 NEWTON STREET,HYANNIS ATTACHMENT TO BUILDING PERMIT APPLICATION 45 Newton Street will become a home for up to fourteen(14)men,plus a resident manager,who are or have been recently homeless. The purpose of the home is to teach the residents to live independently by teaching life skills and providing education in the following areas: a)Hygiene;b)Social Skills;c)Literacy;d)Business Training;e) Computer Skills;f)Filling out Forms;g)Job Searches;and h)Interpersonal Skills.An"Educational Tracking"form is used to monitor the progress of residents towards these goals and the program utilizes a written Educational Curriculum. The use of the house and the educational program will be the same as in the other Homeless Not Hopeless,Inc.homes in Hyannis,including the one at 22 Main Street that was approved under the Dover Amendment by the Zoning Board of Appeals in ZBA Case No.2012-052. The proposal is to connect the cottage to the main house with an addition of approximately 396 sq.ft.which will include two new bedrooms.In addition,the existing premises will be renovated to provide 2 bedrooms in the cottage,4 bedrooms in the main house second floor,and 2 bedrooms in the main house first floor,for a total of 10 bedrooms. The entire structure,as so connected,will be sprinkled as per fire and building code. j I A� CERTIFICATE OF LIABILITY INSURANCE DATE(MNUDDIYYYY) 11/06/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:CT Kathleen Geddis NORTHWOOD ESHBAUGH INSURANCE AGENCY, INC. PHDNE 508 771-1632 FX No): . EMAIL ADDRESS: kgeddis.north24@insuremaii.net 540 MAIN ST. INSURERS AFFORDING COVERAGE NAICS HYANNIS MA 02601 INSURER A: TRAVELERS PROPERTY CAS CO OF AM 25674 INSURED INSURER B: DEAN F STANLEY BUILDING CONTRACTOR INC INSURERC: INSURER D: 359 CAPT LIJAHS ROAD INSURER E CENTERVILLE MA 02632 INSURER F: COVERAGES CERTIFICATE NUMBER: 10754 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER 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. INSR TYPE OF INSURANCE ADDL SUBR POLIPOLICY NUMBER MMMIIDCY EFF M�EXP LIMBS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PRAEM SESGE EaEoccurrence $ MED EXP(Anyone person) $ N/A PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ JECT POLICY❑PRO- LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITYaccident) $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED N/A BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ Per cci adent L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE N/A AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X I STATUTE ER OTH- AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $ 100,000 A OFFICERIMEMBEREXCLUDED? wa wa wa 7PJUB2E49857515 10/08/2015 10/08/2016 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 N/A DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Workers'Compensation benefits will be paid to Massachusetts employees only.Pursuant to Endorsement WC 20 03 06 B,no authorization is given to pay claims for benefits to employees in states other than Massachusetts if the insured hires,or has hired those employees outside of Massachusetts. This certificate of insurance shows the policy in force on the date that this certificate was issued(unless the expiration date on the above policy precedes the issue date of this certificate of insurance). The status of this coverage can be monitored daily by accessing the Proof of Coverage-Coverage Verification Search tool at www.mass.gov/iwd/workers-compensationriinvestigations/. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town Of YarmouthACCORDANCE WITH THE POLICY PROVISIONS. 507 Buck Island Rd. AUTHORIZED REPRESENTATIVE ram. , W Yarmouth MA 02673 `-'}`"`f Daniel M.Cro y,CPCU,Vice President—Residual Market—WCRIBMA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 1 e Y AWC Guide to Wood Construction in High Wind Areas:110 mph Wind Zone Massachusetts Checklist for Compliance (780 CMR 5301.2.1.1)1 45 NEWTON STREET HYANNIS -ADDITION Q Check Compliance 1.1 SCOPE WindSpeed(3-sec.gust)...................................................................................................................110 mph Q WindExposure Category................................................................................................................................B Q 1.2 APPLICABILITY Number of Stories(a roof which exceeds 8 in 12 slope shall be considered a story) ..... 1 stories <_2 stories Q RoofPitch ..........................................................................(Fig 2) ...................................................7<_ 12:12 Q MeanRoof Height .....................................................................(Fig 2)..................................................12 ft <_33' Q BuildingWidth,W ..............................................................(Fig 3) ................................................. 18 ft <_80' Q BuildingLength, L ..............................................................(Fig 3) ..................................................22 ft <_80' Q Building Aspect Ratio(L/W) ...............................................(Fig 4) ............................................. 1.25 <_3:1 Q Nominal Height of Tallest Openingz ..........................................(Fig 4) .................................................6'-8"s 6'8° Q 1.3 FRAMING CONNECTIONS General compliance with framing connections....................(Table 2)................................................................ Q 2.1 FOUNDATION Foundation Walls meeting requirements of 780 CMR 5404.1 Concrete.............................................................................................................................. Q ConcreteMasonry.................................................................................................................................... N/A 2.2 ANCHORAGE TO FOUNDATION1,3 5/8"Anchor Bolts imbedded or 5/8" Proprietary Mechanical Anchors as an alternative in concrete only Bolt Spacing—general ................................. ........(Table 4)................................................... 32 in. Q Bolt Spacing from endfjoint of plate ............................(Fig 5)........................................12 in.<_6"—12" Q Bolt Embedment-concrete........................................(Fig 5)..................................................7 in. >7" Q Bolt Embedment—masonry........................................(Fig 5)........................................... in.>_ 15" N/A PlateWasher...............................................................(Fig 5) ..............................................a 3°x X x%" Q 3.1 FLOORS Floor framing member spans checked ...............................(per 780 CMR Chapter 55).................................... Q Maximum Floor Opening Dimension...................................(Fig 6) ..................................................—ft<_12' N/A Full Height Wall Studs at Floor Openings less than 2'from Exterior Wall(Fig 6)....................................... N/A Maximum Floor Joist Setbacks Supporting Loadbearing Walls or Shearwall................(Fig 7)...................................................—ft <_d N/A Maximum Cantilevered Floor Joists Supporting Loadbearing Walls or Shearwall................(Fig 8)...................................................— ft <_d N/A FloorBracing at Endwalls...................................................(Fig 9)................................................................... Q Floor Sheathing Type ........................................................(per 780 CMR Chapter 55).................................... Q Floor Sheathing Thickness ................................................(per 780 CMR Chapter 55)..........................3/4 in. Q Floor Sheathing Fastening..................................................(Table 2)............8 d nails at 6 in edge/12 in field Q 4.1 WALLS Wall Height Loadbearing walls...................... ...............................(Fig 10 and Table 5)...............................8 ft <_ 10' Q. Non-Loadbearing walls................................................(Fig 10 and Table 5).............................14 ft <_20' Q Wall Stud Spacing ........................................................(Fig 10 and Table 5).....................16 in.<_24"o.c. Q WallStory Offsets ........................................................(Figs 7&8)...........................................—ft <_d N/A f q AWC Guide to Wood Construction in High Wind Areas: 110 mph Wind Zone Massachusetts Checklist for Compliance(780 CMR 5301.2.1.1)1 4.2 EXTERIOR WALLS3 Wood Studs Loadbearing walls........................................................(Table 5)..........................................2x6-8 ft 0 in. Q Non-Loadbearing walls................................................(Table 5)........................................2x6-18 ft 0 in. Q Gable End Wall Bracing' Full Height Endwall Studs............................................(Fig 10).................................................................. Q WSP Attic Floor Length...............................................(Fig 11).............................................. ft>_W/3 N/A Gypsum Ceiling Length(if WSP not used)..................(Fig 11)..............................................26 ft>_0.9W Q and 2 x 4 Continuous Lateral Brace @ 6 ft. o.c. .. (Fig 11).............................. ............................... N/A or 1 x 3 ceiling furring strips @ 16"spacing min.with 2 x 4 blocking @ 4 ft. spacing in end joist or truss bays Q Double Top Plate Splice Length ........................................................(Fig 13 and Table 6)......................... Splice Connection(no.of 16d common nails).............(Table 6)........................................................... ..6 Q Loadbearing Wall Connections Lateral(no.of 16d common nails)...............................(Tables 7)............................................................2 Q Non-Loadbearing Wall Connections Lateral (no. of 16d common nails)...............................(Table 8)..............................................................3 Q Load Bearing Wall Openings(record largest opening but check all openings for compliance to Table 9) HeaderSpans ........................................................(Table 9)..........................................6 ft 0 in.<_11' Q Sill Plate Spans ) <p ........................................................(Table 9 ..........................................3 ft 0 in._11' Q Full Height Studs (no.of studs)...................................(Table 9)..............................................................3 Q Non-Load Bearing Wall Openings(record largest opening but check all openings for compliance to Table 9) HeaderSpans.............................................................(Table 9)..........................................8 ft 0 in.<_ 12' Q Sill Plate Spans...........................................................(Table 9).................................._ft_in. <_ 12" N/A Full Height Studs(no. of studs) ...................................(Table 9)..............................................................3 Q Exterior Wall Sheathing to Resist Uplift and Shear Simultaneousv Minimum Building Dimension,W Nominal Height of Tallest Opening2 .........................................................................6'-8"<_6'8" Q SheathingType.............................................(note 4)..........................................................WSP Q Edge Nail Spacing.........................................(Table 10 or note 4 if less).............................3 in. Q FieldNail Spacing.........................................(Table 10).....................................................12 in. Q Shear Connection (no.of 16d common nails)(Table 10)............................................................4 Q Percent Full-Height Sheathing.......................(Table 10).......................................................26% Q 5%Additional Sheathing for Wall with Opening>6'8"(Design Concepts)..................... Q Maximum Building Dimension, L Nominal Height of Tallest Opening2........................................... ........................6'-8"<_6'8" Q SheathingType.............................................(note 4)..........................................................WSP Q Edge Nail Spacing.........................................(Table 11 or note 4 if less).............................3 in. Q Field Nail Spacing.........................................(Table 11).....................................................12 in. Q Shear Connection (no.of 16d common nails)(Table 11)............................................................4 Q Percent Full-Height Sheathing.......................(Table 11).......................................................17% Q 5%Additional Sheathing for Wall with Opening>6'8"(Design Concepts)..................... N/A Wall Cladding Ratedfor Wind Speed?.............................................................................................................................. Q f AWC Guide to Wood Construction in High Wind Areas: 110 mph Wind Zone Massachusetts Checklist for Compliance (780 CMR 5301.2.1.1)1 5.1 ROOFS Roof framing member spans checked?.......................(For Rafters use AWC Span Tool,see BBRS Website) Q Roof Overhang ...................................................(Figure 19) ..............2/3 ft<_smaller of 2'or U3 Q Truss or Rafter Connections at Loadbearing Walls Proprietary Connectors Uplift................................................(Table 12)..............................................U=236 plf Q Lateral.............................................(Table 12)...............................................L=176 plf Q Shear..............................................(Table 12).................................................S=77 plf Q Ridge Strap Connections,if collar ties not used per page 21... (Table 13)...............................T= plf N/A Gable Rake Outlooker.........................................(Figure 20) ............._ft<_smaller of 2'or U2 N/A Truss or Rafter Connections at Non-Loadbearing Walls Proprietary Connectors Uplift................................................(Table 14)............................................U= lb. N/A Lateral(no.of 16d common nails)...(Table 14).......................................L= lb. N/A Roof Sheathing Type...................................................(per 780 CMR Chapters 58 and 59) ............ Q Roof Sheathing Thickness........................................... ...............................................5/8 in.>_7/16°WSP Q RoofSheathing Fastening...........................................(Table 2)............................................................8d Q 45 NEWTON ST-ADDITION MEETS THE CHECKLIST IN ITS ENTIRETY,THEREFORE THE FOLLOWING NOTE APPLIES: Notes: 1. This checklist shall be met in its entirety, excluding the specific exception noted in 2,to comply with the requirements of 780 CMR 5301.2.1.1 Item 1. If the checklist is met in its entirety then the following metal straps and hold downs are not required per the WFCM 110 mph Guide: a. Steel Straps per Figure 5 b. 20 Gage Straps per Figure 11 c. Uplift Straps per Figure 14 d. All Straps per Figure 17 e. Corner Stud Hold Downs per Figure 18a and Figure 18b 2. Exception: Opening heights of up to 8 ft.shall be permitted when 5% is added to the percent full-height sheathing requirements shown in Tables 10 and 11. 3. The bottom sill plate in exterior walls shall be a minimum 2 in. nominal thickness pressure treated#2-grade. 4. a. From Tables 10 and 11 and location of wall sheathing and Building Aspect Ratio,determine Percent Full-Height Sheathing and Nail Spacing requirements b. Wood Structural Panels shall be minimum thickness of 7/16"and be installed as follows: i. Panels shall be installed with strength axis parallel to studs. ii. All horizontal joints shall occur over and be nailed to framing. iii. On single story construction, panels shall be attached to bottom plates and top member of the double top plate. iv. On two story construction, upper panels shall be attached to the top member of the upper double top plate and to band joist at bottom of panel. Upper attachment of lower panel shall be made to band joist and lower attachment made to lowest plate at first floor framing. v. Horizontal nail spacing at double top plates, band joists,and girders shall be a double row of 8d staggered at 3 inches on center per figures below:Vertical and Horizontal Nailing for Panel Attachment AWC Guide to Wood Construction in High Wind Areas: 110 mph Wind Zone Massachusetts Checklist for Compliance(7so CMR 5301.2.1.1)1 -MEN THIS EDGE REM ON FRAMING[W8d NAtS AT B`o c 11 11 u 1-1 it 11 11 1 11� II 11 ,1 11 11 11 11 71 11 11 1 H ,-I /1 11 f 11 1 t 1 II i K 11 it H 1 i � ii ii a 1 It a !1 It is Ir co h 11 � a I I 11 I r 1 9. 1 11 i In fl Ir 1 - � II 11 g 1 a i IJ I I f t I t 1 11 a t! H II 11 11 t II IJt 1 t 1 K 1 11 to 11 n 11 46U9LE CITE `-- NAItSPACING PAiVEE_ rl 1 Y See Detail on Next Page Vertical and Horizontal Nailing for Panel Attachment I AWC Guide to Wood Construction in High Wind Areas: HO mph Wiud Zone Massachusetts Checklist for Compliance(7so CMR 5301.2.1.1)1 a u a tlQ FRAMING MEMBERS I i EDGE WERAAEDIAT£ � rf I ' � Z __�_ ^__�..�..___ . _ �_____..{ ___._J_ STAGGERED 3"MIN. MAIL PATTERN � PANEL PAWL EDGE DOUBLE NAIL EDGE SPAMG DErAL Detail Vertical and Horizontal Nailing for Panel Attachment " - Vhe�pom��aaruaeaL�o�C�aclzc�eC/ Office of Consumer Affairs&Business Regulation OME IMPROVEMENT CONTRACTOR egistration: ';'i32149 -Type: Expiration;c faf28/2416 Individual DEAN F.STANLEY DEAN STANLEY "i;`�-~'<,._ c. ,.;, 359 CAP.T.LIJAH RD CENTERVILLE,MA 02632`-`. Undersecretary — Massachusetts Department of Public Safety i Board of Building Regulations and Standards License: CS-035037 Construction Supervisor DEAN F STANLEY 359 CAPTAIN LIJAH ROAD CENTERVILLE MA 02632 �,,� Expiration: Commissioner 01/19/2018 License or registration+ m valid for dividul use only a before the expiration date. If found return to: Office bf Consumer Affairs and Business Regulation 10 Park Plaza-Suite 5170 Boston,MA 02116 of valid withou signatu e Construction Supervisor - Restricted to: use rou which contain Unrestricted-Buildings of any g P less than 35,000 cubic feet(991 cubic meters)of enclosed space. Failure to possess a current edition of the Massachusetts ��— State Building Code is cause for revocation of this license. ! DPS Licensing information v1si4:VNM.MASS.GOVIDPS. Way nn sL NOTES ZONING SUMMARY t 1.DATUM IS NAWAS ZONING DISTRICT: RB DISTRICT I 2.THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TO 0 A BE USED FOR LOT UNE STAKING OR ANY OTHER MIN.LOT SIZE 43,560 S.F. ]' PURPOSE. MIN.LOT FRONTAGE 20' Loma J.CONTRACTOR SHALL BE RESPONSIBLE FOR CAUJNO MIN.LOT WIDTH 100' c ow OIGSAFE(1-888-]44-72]]1 AND VERIFYING THE MIN.FRONT SETBACK 20' LOCATION OF ALL UNOERIXtOUNO&OVERHEAD UTILITIES MIN. SIDE SETBACK 10' PRIOR TO COMMENCEMENT OF WORK. d Lewis 4.TOWN WATER&SEWER EXISTING MIN. REAR SETBACK 10' Bay MAX. BUILDING HEIGHT 30' 0.GRAVEL PARKING TO BE 2"OF 3/4"NATIVE STONE SITE IS LOCATED WITHIN THE AQUIFER COMPACTED INTO 8'OF REPROCESSED ASPHALT PROTECTION OVERLAY DISTRICT GRAVEL Naa/uckel S.ORYWELS 70 BE 2'4 CONCRETE WITH 3/4-WASHED STONE SET DOWN INTO CLEAN SAND.4'e SCH40 PVC _ Sound ROOF DRAINS.COORDINATE GUTTERS AND DOWNSPOUT LOCATIONS WITH BUILDING DESIGNER.ORYWELLS SURFACE AREA TO BE APPROXIMATELY 6A OF ROOF / AREA CONTRIBUTING TO EACH DRAIN. LOCUS MAP '' -•-� SCALE 1"-2000'3 MAP Toe PCL 159 r ASSESSORS MAP 308 PARCEL 158 / ) SALLY A JGNNSON (( �.ln'\ ]9 NEWTON SII1EEf � � HYANNIS FIRE DISTRICT MAP \ HYANNIS,LIA 02801 P0.IS6 VICTOR ARC B&DORD"" 586'34'0 T e`r 0n�1eo e . s.� /r OWNER OF RECORD \ I \1 J TODD C ELWELL \ —JI ,.3 12 THORNRON DR N88'J 6'49"E 4y \J"�,2 a I HYANNIS, MA 02601 *� 21.19' / PAVE 6 EXISTING �y `jO '�• / _ I COTTAGE .^. E-- IGRAVELII TOF .3 .2 1 01°o V) t RAVEL o �� rJ G J �d L_.rARKINGv q { __ REFERENCES - I /IB CL PRO ON / /�i /�i $ CERT 1291 A I / � ,G p —_ LCP 24291 A LCB LCP 9638 G EXISTING - {�,. FND DWELLING r..�1 l 1>,} i TOF 34.4 y..SEWER j FLR a 35.2/ V O // / 1? \1 E-+ �7z I I 31 \LOTS)1 & 78 /� / \?9.9' MAP 308 PCL 157 I I 112.069 S.F. SUZANNE KUCHO.& I� �= 0.28 .j/ l am1 z /1ff DAND R VIWNFAII i j' !7•�• 34 BURBANK ROAD !X \ LONDONDERRY,NH 07053 lei .. '1r--•.\i`J--.� I I O \`� '2.7 rn aye., 1 I I q 10.0' 8�. 0 8 ) SITE PLAN 13 SPACES Q•Zld _ f'L. OF AVENUE AP LEE (PUBLIO VARIABLE WTDT�n #45 NEWTON STREET _�,_ I ��5 HYANNIS, MA I I / j I "' PREPARED FOR HOMELESS NOT HOPELESS INC. GATE: JAN. 15.2016 ;Fp sE. ,y.Ha+w REV.: JAW. 28,2016 U ANIE L i A. 'DANIEL A, O4c9 OJAIL M If 508-]82-4541 "Nn 4C6BU �� CIVIL lo.509-361-9880 i voR sy.o�• $ No.46502 p I tlOwncOPa.com 4i rfkOSuftVE 9•°r..n.ePeoc" down cope an�i�aeeiindH INC. r5�0uAI t•.� Civil engineers Scale:l"=20• t-2-A-11, land surveyors DATE DANIEL A.OJALA,P.E., P.L.S. 939 MOin Street (Rt. 6A) LICE #f 6-008 O 1" 2n—i0 0 50=F.Ei YARMOUTHPORT MA 02675 6-GCB Town of Barnstable Rogulator y Se rVics Bc�atr �. Deg'eetor s p� MAM Ung Div, Eon ThOlha3PeF'q C80 Building Commissioner 200 Miin Street, Hyannis,MA 02601. wwtia.to�vb.barnsta ble.Ursa:us Office: 50.8-862-403 8 Fax: 509-790-6230 February 4, 20 1.6 Homeless Not Hopeless, Inc.. iy c/o Attorney Peter L: Freeman 86 Willow Street Yarmouth, MA 02675 RE: Site Plan Review QW-16 HomelessNot.Hopeless,.Inc: 45 Newton Street,Hyannis Map 308, Parcel 158` Proposal: Property p p ny to become,a home for up to 14 Wien,plus a resident nianager; who are or have been recently homeless. The purpose of.the home is to.teach the residents to live independently by teaching life sills and providing education. The proposal into connect the cottage to the main house with an addition,of approximately 484.sq.ft_ which will include 2 new bedrooms. The existing premises wIl be renovated to provide 2 bedrooms in the cottage;4 bedrooms in the main house second floor, and.. 2 bedrooms in the=main house first•floor for a total of 10:bedrooms. The entire structure,as so connected,will be sprinklered as per fire and building code.. Dear.Attorney Freeman: At the formal site plan review meeting held Feburary 4,2016,the above project received approval subject to the following:; Approval is based upon and must be substantially'constructed in compliance with the plans: entitled"Site. Plan of.#45 Newton Street, Hyannis; MA";prepared for Homeless Not Hopeless, Inc. by Dorm Cape Engineering;,Inc., dated JanuarS= 15, 2016,.last revised January`26, 2016; and"45 Newton Street,Hyannis"Elevations and Floor Plans, Existing and.Proposed,9 Sheets prepared by in Line Architectural Design, Ostervlle, dated. 1/27/-16. r © Consultation with the 14-yannis FD for Eire safety alarm and sprinklers stem a ui required. Fire flow calculations and utility plan will,need to be provided,to the Hyannis �s Fire Department. a Drainage calculations for.the site and the provision of one perc test in the area oI the proposed dry well will require DFW approval ® Revised plans depicting the existing sewer-lines and.the relocation of proposed drainage and other utilities must be.provided to the DPW and approved, ® Existing domestic water line must be upgraded,. a 2"P line coming in from the main. A separate water line:for f re-sprinkler service will also be required. Consultation with Hyannis Water Supervisor, Hans K.eijser for design isx.equired. Requires the determination of:significance from the'Barnstable Historical Comrnissior o p program A descri tion of the educational ro am and activities provided by Homeless qot Helpless,Tnc, will,need to be included in the buildingpermit application; 8 Applicant must obtain all other applicable perrrmts, licenses and approvals requued. Upon completion of all work, a registered engineer or land;surveyor shall submit.a letter of certification, made upon knowledge and belief in accordance with:professional standards that all work has been done in substantial compliance with the approved site plan(Zoning Section 240-105 (G). This document:shall be submitted;pror to the issuance of'the filial certificate of occupancy. A copy of the approved site plan will be retained on f l'e, Sincerely, Ellen M, Swiniarski Site Plan Review Coordinator CC: Tom Perry,Building Commissioner Amanda Ruggero -DPW Health,Dept. Hyannis FD rr+ m , ru m f A �c1l Postage $ rU ?e 0 Certified Fee C3 t O Retum Receipt Fee O[?*tmark Q C3 (Endorsement Required) Here 0 Restricted rsem Delivery Fee Q (Endorsement Required) r rR t3' �^ O Total Postage&Fees $ rR fU Sent.Ta t J r9 /®-c// l:e_llil ,t ----------------------------------------- O Sfreet Apt.No.; or PO Box No. --� ��� 1s City SYate,ZIP+4 !.{. `� 6 Certified Mail Provides: o A mailing receipt o A unique identifier for your mailpiece e A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First-Class Mails or Priority Mails. o Certified Mail is not available for any class of international mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. a For an additional fee,a Return Receipt may be requested to provide proof of, delivery.To obtain Return Receipt service,please complete and attach a Return_ Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSs postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry.' PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 II I UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 i j • Sender: Please print your narne, address, and ZIP+4 in this box • � A TOWN OF BARNSTABLE BUILDING DIVISION 200 MAIN St HYANNI&MAOMI i A SENDER- COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 3. Se ce Type 6 6 rtifled Mail ❑Express Mail / ❑Registered ietum Receipt for Merchandise [3 insured Mail �❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 012 1010 anon 2 8 4 3 2 3 7 9 (transfer from service label) 1 004 Domestic Return Receipt 102595-02-M-1540 A. Purpose. The purpose of this section is to autI by for-profit or not-for-profit organizations th (1) Provide for residential development in a n 1 'development in terms of density and hous (2) Authorize an increase in the permissible d the applicant shall, as a condition for the low or moderate income. B. Principal permitted uses. The following uses a (1) Single-family residential dwelling (detach C:Special permit uses. For the purposes of this s granting authority. The following uses are per that a special permit is first obtained from the herein and subject to the specific standards fo (1) Multifamily affordable housing developmel D. Bulk regulations. http://www.ecode360.com/6558189?highlight=rb SFvruQ�^+wAT Town of Barnstable U.S.POSTAGE>>PITNEVBOWES j Building Division ' /� ® 200 Main Street Hyannis, MA 02601 ZIP 02 IVV $ 005.7s° 7012 1010 0000 2843 2379 0001.361475DEC, 14 2012. Todd C Elwell 297 Straightway;;, Hyannis, MA 02601. ,.219 1)F '. RETURN RN TO SEW DER 'UNCLAIMED rs=r;a,n1 ffia,&csca 3xc., I x. p ax c9 p eac cp u oop as s a p e o2601 68`3 CO ti L-j _ 10 .. ' n € Town of Barnstable Regulatory Services BAMSTABLE MASS, Thomas F.Geiler,Director 1639 '0rfn rno+a Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 December 14, 2012 Todd C Elwell 297 Straightway, , Hyannis,MA 02601. Re: Illegal Apartment Property ID: Map 308.Parcel 158 Locus: 45 Newton Street,Hyannis Dear Mr. Elwell: As you are aware,the time afforded to you by the Zoning Board of Appeals.to secure a.suitable buyer for your property at 45 Newton Street has expired. Recently,I have been informed of your intention to enter into an agreement with the Sandwich Housing Authority to rent.this property to a client of theirs; lam assured that the voucher is for the primary single family Home containing 4 bedrooms and does not apply to or otherwise include the illegal accessory unit.' - It has been determined that you not eligible for any form of relief that would allow you to maintain the accessory unit as an independent dwelling unit. Consequently;l must now direct you to completely remove the.'kitchen from the accessory unit including the kitchen sink, cabinets,.counter tops.and all appliances. Additionally,the utilities must be capped behind a,. finished wall...Plumbing and building permits are required in order to.-establish your compliance and avoid legal action. A satisfactory final inspection must occur on or before Jan. 31, 2013. "Please contact me directly at 508-862-4027 in the event that you may wish to discuss this matter. 4Ro ly, A .Anderson Zoning`Enforcement Officer JAIllegal Apartments\45 Newton Hy restore to sf letter 12142012.DOC Message Page 1 of 1 Anderson, Robin From: Anderson, Robin Sent:. Monday, June 16, 2014 2:52 PM To: Lynch, Tom Cc: Perry, Tom; Scali, Richard Subject: Newton St "• ',t♦ate ff add✓7V ��L S'.g ?xg+nz"'�,. y 4 q s.. C .'4l'q.P yCf w,y�h�''�. � " �'p'3'�`+Ci�gr •€�' _ Wr,�._. � , yw. r e r r HI Tom, I spoke to Becky from SHA. She has referred the client to HAC and a number of other agencies including ..(she thinks) the CAC. The landlord was at the property over the week-end and spoke to the tenants directly. They have six children, three under the age of 9 and three teens.,'Off the record, I am informed that one of the.younger children is handicapped (but not officially). I do not know what the nature of the alleged handicap is but apparently there is no assistance provided to the child, for that reason NStar discounted the information as too convenient. Please know that B6cky was very accommodating and promised to keep me informed. I explained to her, that the town does not want to see this family displaced but wanted to insure that they had every available resource offered to them. I reiterated that we cannot allow the tenant to continue to rely on a generator indefinitely. Just after the conclusion of my call to Becky, Paula Schnepp, SHA Director called me (she sends her regards) and we discussed the matter as well. She theorizes that the bill was likely unpaid over the course of the winter and now with warmer weather, NStar turned off the power for non-payment of bill accumulated over the past season. SHA is trying to resolve this quickly and they promised.to keep me informed while the work diligently to help this family. It sounded very promising. .FYI: I also spoke to a DCF investigator concerning this issue. He is opening a case file on this call as required by the circumstances and the involvement of young children. I explained the situation and what we were doing and not doing for now and why. .1 provided him with Becky's contact information as I am unaware of the names and ages of the family members. He will We.are all hoping to get this resolved quickly. I will keep you informed of any update. R96in Robin. C. Anderson Zoning Enforcement Officer 7Jo w'n of Barnstable 200 Main Street 3-(yannis, NA 026oi. 508-862-4027 6/17/2014 rA �6C�lt C- )jj CA 1�-f(w,ti,� JJ6 nor� - J\a-b-, Qjick- 1 Powerdrive 300 Amp Rechargeable Jump Start System - TV ■ Birthstones ■ Men's ■ Jewelry Armoires ■ Shop All Jewelry ei.or+nrsm I ■ GWrSROP sHOP How NV- OUXAWEM ■ sHov' E SHOP HOW 3 HOUDAV j ■ Da�w6n�j SHOP Now i I I DIY&Home Improvement ■ Home Improvement ■ Bathroom ■ Building Supplies ■ Electrical Supplies ■ Fasteners ■ Flooring ■ HVAC ■ Kitchen ■ Laundry&Utility Room ■ Painting Supplies Electronics&Ns ■ Ns&Electronics u4 a s � I E^ —^--- • - FV4i r a , a! ~f ��,�.�• n • m � + .. - +.z *+ems" cr� ,.R .y. ,.0 'apw ..� - aY� i—r av� 'r' - �• T �. + 'G'ti ..w.X" � C .x •� *w'SL�'i .' tom+"A' _ r,�- � ry �.' 3 7rr- ,' •� „'r�dlw.�'J a• �' - �.'��,�' w.piP���6 •��•-�...•..w ",� - ], 5.. �. • '�"•F +` .�. •: '� .'•^• Sn•' -- tir ..a+•wY�'�'T r`.s- +�.' �a �''" n � _t' �kyc�'.� � k *� �"t;"4i'1': �.m �, r;` —._ OPs:' .d , yµ,• _ .. 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X'�3 +ic � y` ,v i., ,�� t.,-_ yy '! `p. _• l�: �"'T;*,,�L ( !, � � '" '�T'•'r'f "�` ' ,.", �' ? ! � �,'i� �YS�^".3� �+.:- A�'`�'�4 �!l� .•::, �;:; � y_`art�: �° L� i,Y 9 F. 'Tl',. ',¢ �➢t� ';g.} ��., ""'L�.� s �F�ti Pa ,�*y� � `� <i,j," "��+ M�1 •' � '�Y. <, r d� ,N a "` .^A�` r� <&'"q �" . ,Y= ._ yq�.. +4�9�• Vic. L ,.� ,X .T '. p�-. 1 .y 15 F. 9•,.\i'-, t's, ar C"r!.' 4"'; Sr 1. <t*' ,i +ef.` ,TM 6i ,"� ..`r- ,p.. ,.` Y•. �.. .:y, N� }* Y?,. a "•c ik {a r�#n�It �'° '�IY(!,�. `; Y+'e ",'.i s. `s;'*". ';r+`.. e ` y � O ;.t- Anderson, Robin Full Name: Becky Dudley Last Name: Dudley First Name: Becky Company: Sandwich Housing Business: (508) 833-4979 Works M-F 9-2 vo t I V r . I �� i ��� o � �� � (� i i C/^// ` C I 1 l �. ea } Town of Barnstable Zoning Board of Appeals In re Todd C. Elwell ) Variance.2012-003 SUPPLEMENTAL MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE Now comes the Petitioner, Todd C. Elwell. (hereinafter, "Elwell") and supplements his memorandum in support of his petition for a use variance pursuant to Barnstable Zoning Bylaw Section 240-125(c). L` The petitioner hereby reaffirms his request thafthe Zoning Board issue the variance to Section 240-11(A)(1) to allow an existing accessory cottage.to be used as an affordable housing unit based upon the Proposed Findings set forth in the Memorandum as restated as follows: PROPOSED FINDINGS: 1. The size of,the structures located on;the subject property are much larger than all other, structures on the same,street..and,generally. other residentialy structures in the :zoninb 41 district. 2. The use of the structures for one`single, farnily'residence is not financially feasible given the.size, age and general condition of the structures and the failure to provide the ' relief would involve a substantial financial hardshi . S� c P 3. There is a legitimate public benefit in.creating a lawful affordable housing unit on the property �CZ) ' �� 'i r S ro 4. 'C Pp f r C 4., The requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or-purpose of the Barnstable Zoning By-Laws. a CONDITIONS: The Petitioner offers the following conditions to.be included in the Variance: 1. The Petitioner shall improve the landscape in accordance with the landscape plan prepared by Coy's Brook Landscaping and submitted by the Petitioner. 2. The main dwelling house located on the premises shall be owner occupied. o v Respectfully submitted, Todd C:Elwell t~ By his Attorney: 0�k �j .C A..>0 Steven J. iz /336 South Street Hyannis,MA 02601 (508)771-1911 (508)790-0800 email: .stdven(,pizzutilaw.com DATED: April 7,2012 Barnstable Police Log September 8: Assaults And Protective Custody - Barnstable-Hyannis, MA ... Page 1 of 2 Guest Editor Charles Mathewson gbslerDcomcast.net Patch Newsletter Nearby Join Sign In Barn stable-Hyannis 69° Home I News Events I Directory I Pics&Clips Elections Real Estate I » 0. Police&Fire Barnstable Police Log September 8-. Assaults And Protective Custody The following information was supplied by the Barnstable Police Department.It does not indicate a conviction. By Charles Mathewson Email the author'5:45 am Lint Email Print Comment Related Topics:Barnstable Police r Saturday,September 8 12:44 am-Police to a report of a disturbance at the Seaside Pub,615 Main Street,Hyannis.They arrested Peter J.Greenw.00d,-50,_of 45 Newton Street,Hyannis charged him with indecent assault and battery,disorderly conduct,resisting arrest and with injury to property.They placed him in protective custody. 12:54.am-Police responded to a report of a disturbance at the 17th Hole,11 Barnstable Street,Hyannis.They placed an adult male in protective custody. 1:34 am-Police responded to a report of a domestic dispute at 4050'Falmouth Road,Cotuit.They arrested Danielle Russo,25,of:117 Brentwood Drive, North Smithfield,Rhode Island,and charged her with domestic assault and battery. 3:10 am-Police responded to a report of breaking and entering into Subway at 251 lyannough Road,Hyannis.They arrested Anthony S.DiLorenzo,27, of 51 Mill Pond Road,West Yarmouth,and charged him with larceny from a building,malicious destruction of property worth more than$250 and with injury to a depository.They also charged him on a warrant for breaking and entering in the nighttime. 9:06 am-Police responded to a report of vandalism at 40 Gorham Lane,Centerville. 10 30 am,Police assisted at a motor vehicle accident,with property damage,in the vicinity of 220 Pitcher's Way,Hyannis. 10:43 am-Police assisted`at a motor vehicle accident,with property damage,in the vicinity of 34 South Street,Hyannis. 12:55 pm-Police responded to a report of fraud at 148 West Main Street,Apt.D305,Hyannis. 4:02 pm-Police responded to a report of larceny at Sovereign Bank,55 Bassett Lane,Hyannis. 5:47 pm-Police responded to a report of assault at 276 Falmouth Roadi Hyannis.They arrested an unidentified individual on unidentified charges. 8:30 pm-Police responded to report of a domestic dispute at Habilitation Assistance Corporation,209 Main Street,Hyannis.They arrested Eddie D. Jeter,56,of 209 Main Street,Hyannis,and charged him with domestic assault and battery and with injury to property. 9:58 pm-Police responded to a report of a domestic dispute at 54 Sandalwood Drive,Cotuit.They arrested Mason A.Lavalee,19,of 54 Sandalwood Drive,Cotuit,and charged him with domestic assault and battery and with assault and battery with a deadly weapon,a handgun. ° 10:46 pm-Police assisted at a motor vehicle accident,with with property damage,at 662 Main Street,Hyannis. 10:53 pm-Police responded to a report of harassment at Provo Brazil,Main Street,Hyannis.They placed an adult male in protective custody. http://bamstable-hyannis.patch.com/articles/barsstable-police-log-september-8-assaults-and-prote... 9/12/2012 Barnstable Police Log September 8: Assaults And Protective Custody - Barnstable-Hyannis, MA ... Page 2 of 2 About this column:Major incidents from the Barnstable Police Department and Barnstable's fire departments not including drug arrests by Barnstable Police. The department witholds all drug arrests due to ongoing and pending investigations Email me updates about this story. �Enter your email address Keep me posted tweet Email Print Follow comments Submit tin Comment ------------ Leave a comment r— I II I Submit) ° Advertise Volunteer Contribute Advertise on Patch and reach potential If you want to help local causes,or your cause Send us news tips customers in your backyard and beyond.Click needs local help,your next click should be right Put an event on the calendar here for more information. here. Announce something to everyone Learn more» Learn more» i Patch Info Get in Touch Patch Initiatives Goodies About Us Go Patchl PatchU Patch Newsletter Jobs Help Widgets NetwotV Advertise Contact Us About Our Ads Patch Blog Terms of Use Privacy Policy UPDATED Copyright O 2012 Patch.All Rights Reserved. http://bamstable-hyannis.patch.com/articles/bamstable-police-log-september-8-assaults-and-prote... 9/12/2012 45 Newton Street Hyannis, Mid Cape Cod,MA 02601,1 Robert Paul Properties Page 1 of 1 CAPE COD RPROBEPff PAUL MOPi tAV1l1.C" Pl f�FER'1'Y"SEJ411CHr ' _R6N'CAiS �ffi�o.[l.ENxHtir„x ES ,MdRY.i If3`V`k! Property Details:45 Newton-Street'Hyanms,Mlid,:Cape.C.; 4_02601 Property Search l L�ry Portfolio."I MLS Search°—Custom Email-Alerts ; Close-to-Beaches and-Harbor" 'Print Page $324 - fmailthis-Property=. {� Convenient downtown location, Close to Map of Property s, Main Street,shopping,restaurants,beaches,, harbor and much more. This east facing Request Information Colonial style home has a great deal of _sos azo.iala potential for someone looking to renovate and add value to their investment. Existing {! features include hardwood throughout the entire home,crown molding,French doors,a large kitchen with breakfast nook, and a a r- sunny,south facing,heated,enclosed porch. There,is,a-separate-cottage-as-well that.may o er`the:homeowner some opportunities. Some improvements over the past few years include a new roof, new heating system in main house,'new kitchen in cottage, new heating unit in cottage, and new bulkhead door unit.Property is being sold as is.Buyers are encouraged to verify all information- contained herein. W 9" 1 MEMO Real Estate Type: Living Area: Heating: Assessment: Colonial home for sale 2,154 Natural Gas $322,800/2012 Rooms: Acreage: _ Water:, Taxes: " 8 0.27 Town $2,717/2012 Bedrooms: Age: Sewer: 4 1931 , Town ' Bathrooms: 2 t1- - Proudly offering LuxuryHomes and distinctive real estate on Cape Cod and on the Massachusetts South Coast: Barnstable,Bass River,Bourne,Brewster,Cataumet,Centerville,Chatham,Cotuit,Cummaquid,Dennis,East Dennis,East Falmouth,East Sandwich; East Wareham,Eastham,Edgartown;Falmouth,Forestdale,Harwich,Harwich Port,Hyannis,Hyannis Part,Marion,Marstons Mills,Mashpee,Mattapoisett,'New Bedford,New.Seabury,North Falmouth,North Truro,Onset,Orleans,Osterville,Pocasset,Provincetown,Rochester,Sandwich,South.Dennis,South Harwich, South Plymouth,South Yarmouth,Truro,Waquoit,Wareham;Wellfleet,West Barnstable,West Dennis,West Falmouth,West Harwich,West Hyannisport,West Yarmouth,Yarmouth Port .. Cape Cod Real Estate.Home I Luxury Real Estate Home I Cape Waterfront Properties Home, Luxury Homes for Sale I MLS Property Search I. Open Houses I Market Data - - Recent Sales I Partners I TheCompany I Newsroom I Cape Cod Real Estate News Copyright©2009-2011www.robertpaul.com..All Rights Reserved`. ' Real Estate Web Design by Webfodder. http://www.robertpaul.com/cape-cod-homes-listing.asp?id=1138&utm source=NikA+Just..: 4/27/2012 t . ' Town of Barnstable } Zoning Board of Appeals In re Todd C. Elwell ) Variance'2012-003 SUPPLEMENTAL MEMORANDUM r IN SUPPORT OF PETITION FOR VARIANCE Now comes the Petitioner, Todd C. Elwell (hereinafter, ",Elwell") and supplements his memorandum in support of his petition for a use variance-pursuant to Barnstable Zoning Bylaw Section 240-125(c'). The petitioner hereby reaffirms his request that the Zoning Board issue the variance to Section 240-11(A)(1)to allow an existirigaccessory cottaae.to be used as an affordable housing unit based upon the Proposed Findings set forth in the Memorandum as restated as follows: PROPOSED FINDINGS: 1. The size of the structures located on the subject property are much larger than all other structures on f the same street and generally,other-,residential. structures in the zoning district. r t. 2. The use'of the structures for one single family residence' is not financially feasible i given the size, age and general condition of,the structures and the failure.to provide the ' relief would involve a substantial financial hardship. " 3. There is a legitimate public benefit"in creating a lawful affordable housing;unit on the property. r 4. The requested relief may be granted without substantial detriment to the public good . _ w d and without nullifying or substantially derogating from the intent or purpose of the Barnstable Zoning By-Laws. CONDITIONS: The Petitioner offers the following conditions to be included in the Variance: 1. The Petitioner shall improve the landscape in:'accordance with the landscape plan prepared by Coy's Brook Landscaping and submitted by the Petitioner. 2. The main dwelling house located on the premises shall be owner occupied. Respectfully submitted, Todd C. Elwell By his Attorney: Steven J. i. /336 South Street Hyannis,MA 02601 (508)771-191 I (508)790-0800 email:. steven@i)izzutilaw.com DATED: April 7,2012 DATE: January 24,2012 _ TO: Building File FROM: Robin Anderson, ZEO RE: ZBA Appeal 2012-003 Elwell . LOCUS: 45 Newton Street,Hyannis I initially wrote a report.on Oct..20,'2011 concernmg Mr:Elwell,''s special permit } appeal (2011-49) but that appeal has been withdrawn ;More recently, a'staff report concerning Mr. Elwell's' appeal for a variance was brought to my attention. The apparent goal is to maintain the existing uses. The consideration processfor this application should asking what is beneficial to the neighborhood as well as'-the, property owner and why or why not. Included below is an analysis basedon the history of the property according to our available records,the identified intent of applicant as declared by,the applicant himself or his representative and observations made during an inspection=performed as the result of a neighborhood complaint. • This property was-constructed as a single family horne -it h:a detached garage. • The garage was converted to a detached family room with a buildmgperinit in. 1987 (permit#30593 issued on 4/1/1'987) by former owner Sam Sicilian. ' • Sometime subsequent to the final inspection, this structure was finished off with a full kitchen, two means of egress.and deck making it a separate and viable living'-:. unit. • Currently,the main�house,is rente&io multiple unrelated individuals. µ 7 _ • Upon the initial enforcement effort;Mr.Elwell indicated that he would apply for zoning relief and eliminate the accessory unit. • Mr. Elwell indicated that he must have:6 lodgers in order to meet the monthly. financial obligation for thisproperty • s` frspeithen withdrew it:• Mr..Elwell applied` ac ft ° • Mr. Elwell subsequently applied for a use variance and seeks'to maintain the garage unit as an'affordable unit. ` • This property is not owner occupied: • The accessory unit'is.referred to a" a cottage in the.:staff report. • The word coftage:irriplies alegitimacy that is not deserved here; it-is in fact a separate independent dwelling unit-created without`&xequired`permits, approval or relief. •. The main house is rented to multiple'unrelated individuals. ,T • This is the equivalent of a rooming house. - • The applicant does not have a license;to operate a rooming.or lodging house: • The is no site plan.review approval • Mr. Elwell collects rent from all of the tenants. • There is no oversight to this property, or tenants by the.property owner or representative. • No money is:being-invested in the property to improve or maintain its.upkeep. • The neighbors have complained that some tenants'are questionable in nature and have provided a police report showing a repetitive number of police calls for a variety of reasons and individuals. • Since the average quiet, single family home does not trigger one call for a cruiser per year, the fact that there'are multiple responses here demonstrates a more intense use. • The lack of property and tenant oversight is a problem for theneighborhood:�` • The variance staff report does not identify how the-principal dwelling.will'be rented or clarify the proposed use of that structure.,:>- • This staff report remains silent on the illegal"rooming house"use. • The property does not meet the requirements of a variance pertaining to soil conditions, shape or topography, the hardship is a self-inflicted financial hardship and the relief if granted would be detrimental to.the neighborhood as the use is not a quiet and minor adjustment.but rather a retrofit enabling the landlord to capitalize on an illegal use. • There is no legitimate pre-existing nonconforming use to capitalize on. • The matter before.the Board can be reduced to a simple equation - a property owner seeking to maintain two illegal uses in s single family zone in order to maintain his investment. e r Page 1 of 1 Anderson, Robin E From: D Longinidis[padz605@gmail.com] Sent: Tuesday, January 24, 2012 8:58 AM To: Anderson, Robin; Puckett, Carol Subject: Fwd: 45 Newton Street Hyannis Dear Robin and Carol, RE: Appeal#2012-003 Please include a copy of this letter in the folder for tomorrow's hearing;this is#2 of 2 letters The police have been to this house two more times since the first letter. Thanks Patrick MacLellan ---------- Forwarded message ---------- From: Todd Elwell<elwelltkhotmail.com>. Date: Tue, Jan 17, 2012 at 6:18 PM Subject: 45 Newton Street Hyannis . To: padz605ggmail.com . Patrick, I would like you to know I have withdrawn my application to rent rooms at 45 Newton Street. I will be renting the main home under Barnstable law to four unrelated individuals. I am applying for a variance to continue to.rent the cottage to one„individual. My hope is that you would approve of this variance. I have contracted a landscape company to provide a ' computer generated landscape design that would'work for this home and neighborhood.`,I am also including the neighbors. Any neighbors recomendations for landscape design will be implemented when Coy's Brook Landscape does there layout. If there is anything else I can do to assure you this property will be cared for properly and free from problems,please, let me know and I will have,your issues implemented and abided by. Regards, Todd.Elwell 1/24/2012 Page 1 of 3 Anderson, Robin From: D Longinidis [padz605@gmaii.com] Sent: Tuesday, January 24, 2012 8:56 AM To: Anderson, Robin; Puckett, Carol Subject: Fwd: 45 Newton Street Hi Robin and Carol, RE: Appeal #2012-003 - Please include a copy of this letter in the folder for tomorrow's hearing; this is#1 of 2 letters . Thanks Patrick MacLellan -- Forwarded message ---------- From: Todd Elwell <elwellt(a�hotmail.com> Date: Sun, Jan 8, 2012 at 9 28 AM: . - Subject: 45 Newton Street To: padz6052gmail.com Dear Mr. MacLellan, - I want to write this letter to express how sorry I am to have upset your family: -1 had no idea my tenants were causing trouble for.the neighborhood. The last thing'! would ever.want is for anyone living in my house to be a disturbance to anyone in the neighborhood.. feel absolutely terrible about any disturbances,that have-taken place:-.I would like to give you my cell phone number: 774-836-0878. If there is ever another problem with-anything at my houses please call me'no matter what the hour is I live 3 miles from the house and I work 5 miles away. So I can be the house within<10.minutes almost any time:The only police presence I have been informed of was this past September. The police were called to the house because two of the tenants had an argument. One'of the tenants, Peter,. who works at the Cape Codder as a waiter, was complaining to Todd,'who works for Whitten Landscaping as a landscaper. Todd wakes up very early for work and Peter works very late. Apparently Todd was making a lot of noise'getting ready in the morning and Peter was having trouble sleeping in. Well, they had an argument that apparently escalated into screaming at ' each other. The women in the house heard the yelling and got nervous and called the police. The next day 1 heard about this incident and sat down with both guys and due to the conflicting schedules we all agreed it would be best if Todd moved out. Peter has also lived in the house 1/24/2012 Page 2 of 3. ,. for the last three years and Todd had just moved in recently I am sorry for this,drawn'out�story but I wanted to show you these are regular,people who live infhe`home.:They work hard and for some reason or another they are in a position where the need an.affordable place to live which leads me to Ann. You mentioned Ann had tried to call me for.over-5 years and shemoved because of me. `Ann was unlike anyone I have ever met in my life. I don't know-how or why,'she had such a hatred for me. She apparently hated me before she even met me. When I first purchased 45 Newton Street the health department deemed some aspects of the house unfit for living. That,included the removal of the largedecks°around the house,the.removal.of some lattice/trellis structures, andAhe removal of the bushes against the home. The bushes.had completely covered the first floor windows and were starting togrow into the windows and siding.%,Also, mold was beginning to show all around the windows and siding. The decks and trellis structures were all rotted. ' When I completed the removal of everything is whenIfirst met Ann. She eame'over'and-without introducing herself began yelling I had'ruined the home and that I was some big landlord who lives in a fancy house in Centerville andthatl am renting to 20 people who are "druggies She went on_for about 10 min. before,) said a word. When she finished I said you must have me confused.with. someone else because I live.three miles away, in Hyannis,thisis the only rental piope ty I own, and 1: rent to 6 people and,none of them do drugs.'HAt the end of the conversation I gave her my'.cell phone number and told her to call:me any time,sh`ehas a problem.-In the.end I believed she saw that I was of sincere and honest person: What I didn't expect happened nexts She.began to call and`a lot of times it ;r was because the trash barrels.were out an extra day,-or an animal got into the trash�and it was on the lawn. One of the tenants had.a light in hi"s room that'was green. Things that needed to be addressed and I was happy to get them resolved She.had called every day and some of the issues were very minor (paper blowing through the yard) but I wanted to make her happy. Then the calls increased to 5.1 10, 15 calls per day on issues that to this day I don't understand. She would say;there are 30 people in the house come over and-see. i would come�by and no one would be home. This went on months. What I didn't realize isthe whole'time she was calling me, she was also calling the police department, health department, and'fire department, every singleFday telling them I am renting to over.30 people. , and they were selling drugs. I eventually stopped responding to her.calls because they were harassing M 5 and uncalled for. I saved'50=or•so messages`from he`r;some are one minute or l0 s,i part. l'm°sureIf you talked to Gary Famigliette;.your ne ghbor on,the other side, he will. ive you a completely different perspective on my house than;-Ann. He is just a hard working down to earth guy who'has been very impressed with the'improVements.ofthe home over the years, don't want to make it sound like 45 Newton-has always Sbeen perfect.' There was a learning curved went through with this house. But today,Heel have great people that live in the house. 'l am at the house daily to either, collect rent,'mow the'lawn,or make a repair. I always look for.anything out of the ordinary. I always'talk with my tenants and I haven t had any complaints from the tenants:abput other tenants and (have neverreceived.a cal(fromrvthe police aboutany disturbances., l post my name` and both'my cell and work phone.'numbers`in.big letters"on the refrigerator: I-try to make every effort ` to run a clean�quiethome. x 'R a r : Ricky who lives in the cottage has been;there for the'past six years. The people I purchased 45 Newton from turned that into akcottage in,'1982. They told me it was a legal apartment because-it was grandfathered. I made.the mistake of taking them for their word. I can assure you Ricky does not ever 1/24/2012 n a V Page 3 of 3 cause any problems. In the six years I have known him he has never done anything to cross the line with me or anyone of the neighbors. He is a great artist and a very well mannered person. I am sorry for the long letter but I really wanted to let you.know a Ylittle about the people of the house and about me. I cannot express how sorry I am-for.any inconvenience any of my tenants have caused you or your family. If you ever have any other,problems, please.give,me_.a_call I promise] will take care of it. Sincerely, Todd Elwell - D T' 1/24/2012 DATE: October 20, 2011 TO: Building File FROM: R. _Anderson, Zoning Officer RE: 45 Newton Street, Hyannis Applicant: Todd Elwell This is appeal 2011-049 The applicant is seeking a special permit-conditional use for approval to rent to 6 lodgers in a multi-unit dwelling. The problem.is this is a single family home and it is not owner occupied. There is no lodging license: The property owner failed to do his'due diligence-before the purchase andaccepted at face value the illegal use. A review of the building file shows that the existing garage was converted into living space (entertainment/family room) with a building permit..That permit limited its use as such and later the habitable space morphed into an independent rental unit. The applicant's attorney recognized this E evidence and thus the'client agreed to eliminate this unit. A building permit is necessary to document this'action and memorialize compliance. It should also be clarified that in order for an applicant to capitalize on any non- conformity,the use must have been legally created with-permits and approvals in place. The subject dwelling was constructed as a single family home. In fact,the inspection noted there is one communal kitchen in the house. However,the property'is used as a' lodging house type rental whereby occupants are not related,.nor necessarily have any relationship other than geographic and they secure their own space, belongings and food from on another by locking mechanisms. It should also be noted that the applicant wrongly by passed the site plan review process and therefore has no standing before the Board. -0 MA9R EbMKt� Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2005-102-Gingras Section 240-46C-Home Occupation Special Permit r To permit a dog grooming home occupation of 388 sq.ft. Summary: Granted with Conditions Petitioner: Diane R.Gingras Property Address: 3111 Falmouth Road(Route 28),Marstons Mills,MA Assessor's Map/Parcel: Map 098,Parcel 008-005 Zoning: Residential F Zoning District Relief Requested &Background: In Appeal 2005-102,the applicant,Diane R.Gingras is seeking a home occupation special permit pursuant to Section 240-46C of the Code of the Town of Barnstable. The applicant seeks to establish a home occupation by special permit for a dog grooming business of 388 sq.ft.within her residence at 3111 Falmouth Road(Route 28)in Marstons Mills. The subject property is a 1.05-acre lot located and accessed off Route 28 in Marstons Mills. It was developed in 1984 with a one-story,two-bedroom single-family dwelling of 1,916 sq.ft. The dwelling also has a 24 by 22 foot attached two car garage. , According to the plans submitted,the applicant intends to utilize a portion of the garage and connecting breezeway for the home occupation. The plans show an 84 sq.ft. entrance area and a 110 sq.ft. office area in combination with a 193 sq.ft. grooming area to be utilized for the home occupation. A site plan for the home occupation was submitted showing existing conditions and a proposed gravel area to create three(3) additional on-site parking spaces. The applicant intends to employ one part-time employee in the home. Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on October 7,2005. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened November 16,2005,at which time the Board found to grant the home occupation special permit subject to conditions. Board Members deciding this appeal were,Ron S.Jansson,Randolph Childs,James R.Hatfield, Sheila Geiler,and . . Chairman Gail Nightingale. Attorney Kate Mitchell represented the applicant,Diane R. Gingras,who was also present at the hearing. Ms Mitchell described the general location of the property noting the dwelling is within a single-family zoning district,the Residential F.Zoning District that allows for a home occupation special permit. She noted that although residentially zoned, several commercial businesses are located at the intersection of Route 28 and Osterville-West Barnstable Road just a quarter of a mile east of the subject property. Ms Mitchell noted that Ms Gingras owns and operates"Hair of the Dog",and is planning to decrease her business with the move to her home.. Ms Mitchell noted that the impacts on the neighborhood would be, minimal,as she would conform to all Board of Health for the on-site septic and water usage. She stated that a"hydro-serge"system would be employed in the washing sink that claims to reduce water usage by up to 70%. Traffic would not be of concern as the business would be by appointment only and it is anticipated the maximum number of dogs per day would be about 6. She currently averages about 10. All natural products would be used and no toxic products would be stored or used on-site. Most owners pick up their pets within an hour after Ms Gingras finishes grooming the animal. No animals would be kept over night and no dog daycare would be offered. The business would be strictly dog grooming. Ms Mitchell cited that Ms Gingras has no dog of her own Ms Mitchell noted that the applicant has an established clientele and that there would be no advertising of the business using the residential address. She discussed the site plan identifying that three new on-site . parking spaces would be provided and that no parking will be within the front yard setback of 30 feet. Ms Mitchell also cited that the prior owner from 1994 to 2001 operated a general contracting office from the home. ' Public comment was requested and Cynthia Haden of Cotuit spoke in favor of the grant of the special permit citing that Ms Gingras provides exceptional service and maintains a quality business. The Board Chairman noted that a petition signed by six of the abutting neighbors-Keith C.Gilmore,20 Hidden Valley Road, Diane&Jamie Hyllas, 10 Hidden Valley Road,Craig H.Curtis, 11 Hidden Valley Road,Tracy Lindstrum, 29 Hidden Valley Road,John S.Harmon, 34 Hidden Valley Road,and Malcolm A.& Shirley Z.Levy 3072 Falmouth Road-favored the grant of the permit. Matthew A. and Renee E.Dedicro, abutting neighbors at 3085 spoke in opposition,citing concerns for groundwater and disruption from barking dogs. The Board verified that the homes in the neighborhood were on public water supply and that no signage for the business would be posted at the home. Findings of Fact: At the hearing of November 16,2005,the Board made the following findings of fact: 1. Appeal 2005-102 seeks to establish a home occupation within the premises addressed 3111 Falmouth Road(Route 28),Marstons Mills,MA as shown on Assessor's Map 098 as Parcel 008-005. The premise is in a Residence F Zoning District and a Resource Protection Overlay District and a Groundwater Protection Overlay District. The Residential F Zoning District allows for a home occupation special permit. The Resource Protection Overlay District now requires two-acre minimum lots; liowever,this lot predates the adoption of resource protection and is a legal non-conforming lot created in conformity to the prior one-acre area lot minimum. 2. The applicant,Diane R.Gingras has applied for a Home Occupation Special Permit pursuant to Section 240-46C to allow for a dog grooming home occupation. The home occupation is to occupy 388 sq.ft. of the home. 3. The applicant purchased the property on July 18,2005,as evidenced by a deed recorded at the Barnstable Registry of Deeds recorded in Book 20058,page 236. The property is a 1.05 acre lot located fronting on and accessed from Route 28. It was developed with a one-story,two-bedroom single-family dwelling of.1,916 sq.ft. The dwelling also has an attached two-car garage. 4. A site plan for the home occupation was found,approvable on October 18,2005 by the Site Plan Review Committee. As a condition of that approval,the applicant is required to seek a review by the Health Division for on-site wastewater disposal and water usage to assure compliance with the"330 rule"- Chapter 232,Wastewater Discharge of the Code of the Town of Barnstable. However,the dwelling has 2 f only two-bedrooms and the on-site septic system was installed to satisfy a three-bedroom home. The applicant has also testified that she will be installing a water conservation system for the dog grooming. 5. For the Board to grant a special permit,for a home occupation,the provisions of Section 240-46 must be met. With regards to that,the applicant has substantiated that that the activity shall not be discernible from the outside of the dwelling;there shall be no increase in noise or odor;no visible alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes; and,that there will be no increase in air or groundwater pollution. 6. More specifically with regard to Section 240-46: The proposed activity will be carried on by the permanent resident of the single-family residential dwelling and will be located within that dwelling. The activity is a type of business customarily carried on within a dwelling. Sole proprietors are the traditional backbone of businesses on Cape Cod. The proposed home occupation is clearly incidental to ' and subordinate to the use of the premises for residential purposes. 7. The proposed home occupation is to occupy 388 sq.ft.,of the dwelling and is within the 400 square feet area maximum imposed in the ordinance for a home occupation. No external alterations are being proposed to the dwelling which are not customary in residential buildings,and there will be no evidence of the home occupation from the outside as all modifications to the building are interior. 8. No traffic will be generated from the home occupation in excess or normal volumes in the area. Route 28 is a heavily traveled route and although residentially zoned in this area,.it has taken on a commercial ambiance.To permit this home occupation would not be discernable or impacting in terms of traffic. 9. The proposed use does not involve the production of offensive noise,vibration, smoke, dust or other particulate matter,odors,electrical disturbance,heat, glare,humidity or other objectionable effects. There is no storage or use of toxic or hazardous materials or flammable or explosive materials in this home occupation. 10. Parking for the home occupation and the dwelling will be met on-site and is not located within the required yard setback. There are no commercial vehicles related to this home occupation and there is no exterior storage or displays of materials or equipment. 11. With regard to the Home Occupation Special Permit Section 240-46C,the Zoning Board of Appeals is authorized to issue such special permit within the Residence F Zoning District. No more than one nonresident of the household is to be employed in the business. 12. Dog Grooming is not included in the list of prohibited home occupations cited in Subsection B(16)of Section 240-46. 13. From the evidence presented,this proposal would not represent a substantial detriment to the public good or the neighborhood affected,nor would it represent significant impacts on the surrounding neighbors. The vote on the Findings of Fact were as follows: AYE: Ron S.Jansson,Randolph Childs,James R.Hatfield, Sheila Geiler NAY: Gail Nightingale 3 .. Decision: Based on the findings of fact,a motion was duly made and seconded to grant the special permit in accordance with Section 240-46C and all of the following: 1. This permit is issued only to the applicant and is not transferable. 2. Improvements to the site shall be those shown on the approved site plan submitted entitled"Home Occupation Special Permit Plan located at 3111 Route 28 Osterville MA prepared for owner Diane . Gingras"scaled 1"=30' dated October 02,2005 as prepared for Yankee Survey Consultants. 3. Alteration to the dwelling to accommodate the home occupation shall be as show in plans submitted entitled"Hair of the Dog,3111 Falmouth Road,Osterville,MA"dated 09/26/2005 as drawn by Architectural Innovations. 4. The home occupation is limited to that area shown on the plan totaling 388 sq.ft.and consisting of the Entry,and an Office/Grooming Area to be used only for dog grooming and no other purpose. 5. In addition to the owner/applicant,Ms Gingras,only one other person shall be employed in the home occupation. 6. All grooming activities shall be by appointment only. There shall be no walk-ins,and no retail sales of merchandise or products of any type. Appointments shall be limited to normal working hours of 8:00 AM to 5:30 PM weekdays and Saturday morning. There shall be no appointments made for Sundays and all legal holidays. 7. No animals shall be kept overnight nor shall the premises be used for dog daycare purposes. 8.' There shall be no freestanding signage. 9. The applicant shall be responsible for maintaining the premises in a clean,orderly,peaceful and odorless manner at all times. No dogs shall be kept outside except as may be necessary to relieve themselves.. The vote was as follows: AYE: Ron S.Jansson,Randolph Childs,James R.Hatfield, Sheila Geiler NAY: Gail Nightingale Ms Nightingale expressed that she voted in the negative as she did not believe dog grooming is a permitted home occupation as it is similar to barber and beauty shop which is specifically prohibited as a home occupation under Section 240-46B 16 of the Zoning Ordinance. 4 x Ordered: Home Occupation Special Permit 2005-102 is 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 within 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. Gail Nightingale,Chairman Date Signed I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 5 CTown of Barnstable Growth Managerrient Department tJoAnne Miller,Buntich, Director Staff Report a �n Variance 2012-003- Elw ell 0S . 240-11(A)(1) Principal Permitted Uses Variance to.allow use of cottage as'affordable housing unit Date: January 20, 2012 To: Zoning. Board of Appeals' From: Elizabeth S. Jenkins,,Principal Planner Petitioner: Todd C. Elwell Petitioner's Address- 12 Thornton Drive,'-HHyannis Y Property Address: 45 Newton Street,`Hyannis Assessor's Map/Parcel, Map.308 Parcel 158 Zoning: . Residence B District Filed:December 20,2011 Hearing:January.25,2012 Decision'Due: March 29;2012 Copy of Public Notice ' Todd C. Elwell has applied for a variance to Section 240-11(A)(1)Principal,Permitted Uses in the Residence B District. The Applicant is requesting a variance-to allow an existing accessory cottage to be used as an affordable housing unit.':The subject,property is located at 45 Newton Street, Hyannis, as shown on Assessor's Map 308 as,Parcel 158. It is in the Residence B Zoning District. ,* r Background In Appeal 2011-049, Todd Elwell seeks a variance to allow an existing detached accessory cottage to be used as an affordable housing unit.,The subject property is 45 Newton Street;in Hyannis. It is an 11,761 sq.ft corner lot located off.of South Street:in the downtown Hyannis.area. -• Immediately adjacent properties are-all developed'with single-family residential homes. There are two structures on the subject property. The,prindpal structure is a four-bedroom single-family residential dwelling with 2,154 sq.ft of.living area There is also a cottage-style accessory structure with 360 sq.ft of living area The Applicant does not reside on the subject property. The Applicant filed,a Rental Registration Applicationwith the Health Division on August 4, 2011, which indicated that there were.two rental units on.the property.-- Shortly thereafter, the Building Division conducted an.inspection of=the propertyand the Zoning Officer determined that there were multiple people living in the principal dwelling and the accessory cottage in violation of zoning and,licensing regulations. 'On August 15, 2011, the Building Division issued the Applicant a Notice of Violation and Order to Abate4or operating,a "rooming house or multi-family home in single' family residential zone." After an attempt to legalize the lodging house on the,property',, the Applicant;has indicated that the principal dwelling will be converted to'a single dwelling unit. TheAwelling was constructed as a single-family unit', and it appears modifications"were never made to accommodate multiple renters. The Applicant now intends to rent.the principal dwelling ,, : - 1 A Conditional Use Special Permit appEcarion for a lodging house(2011 04§)'was withdrawn without prejudice on December 14,2011,by request of the Applicant: Town of Barnstable Growth Management Department Staff Report Appeal 2012-003—Elwell—Use Variance for Accessory Cottage The detached accessory.cottage was also being occupied at the time of the inspection in August 2011. In 1987, a prior property owner had been issued a building permit to convert this structure into a "family room." The details of the August inspection indicate at least one living unit has been established in the cottage. Based on floor plans submitted the Applicant, the 20' x 22' cottage contains a kitchen, full bath, one bedroom, and living/dining areas. Relief Requested In Appeal 2012-003,Todd Elwell has applied for a variance to Section 240-11.(A)(1) Principal Permitted uses. The.only principal permitted use in the RB District is a "single-family residential dwelling (detached)." The Applicant seeks a use variance to allow a second dwelling unit in the existing accessory cottage on the property. The Applicant has proposed to rent the accessory cottage as an affordable unit. Staff Comments • The Applicant's proposal to bring the use of the principal dwelling into compliance with zoning is a substantial improvement over the conditions that have been maintained on the property for many years. Further, the Applicant's proposal to use the accessory cottage as an affordable rental unit is generally consistent with the Town's affordable housing goals. However, the Board should consider if the three required statutory findings can be made for grant of a use variance. Specifically, the Board may wish to consider if the variance request meets the criteria established by precedent for finding `substantial hardship' caused by literal enforcement of,the zoning requirements. "In relation to use variances, `substantial hardship, financial or otherwise' is found where under the unique circumstances 'it is not economically feasible or like that the locus would be developed in the future for a use permitted by the zoning ordinance."' The principal structure on the property was constructed for single-family residential use, and that use is proposed to continue on the property. Should the Board find that `substantial hardship' results, they may wish to consider if such `hardship' resulted from the actions of the property owner. Legal precedent establishes that "a variance is not properly granted where the hardship was created by the landowner" and that "prior illegal improvements to the land cannot be used to establish hardship."3 • The Barnstable Town Code includes several options for establishing accessory dwelling units on a single-family residential property. The family apartment ordinance allows a family member to reside in a second unit attached to a principal single-family dwelling. The accessory affordable apartment and amnesty apartment programs, established under MGL Chapter 40B, allow a homeowner to lawfully establish a second unit on the property. To qualify, the second unit must be rented at an affordable rent with a minimum one-year lease to an income-qualifying individual. To be eligible for either the family apartment or accessory apartment programs, the property owner must establish the subject property as their year-round primary residence. As the Applicant does not reside on the subject property, the eligibility requirements of these programs cannot be met. ?Ref.Massachusetts Zoning Manual 2005;see Cavanaugh v.DiFlumera,91 ass.App.Ct.3996,402,401 N.E.2d 867,871 (1980). 3 Ref.Massachusetts Zoning Manual 2005;see Stark v.BOAQuincy,341Mass. 118,122,167 N.E.2d 611,613-14(1960). Ruled that a use"conducted...in violation of the...[zoning ordinance]without permission from the proper authority...[did] not.give the owner any preferred standing"to obtain a variance. , 2 e Town of Barnstable Growth Management Department Staff Report a Appeal 2012-003—Elwell—Use Variance for Accessory' Cottage • The application indicates the cottage is proposed to be an affordable housing unit., To.date, the Applicant has not provided any additional information withregard to establishing the second unit as affordable (i.e. rent limit, income restriction, etc.), or indicated a willingness to record a deed restriction establishing it as such. • For the affordable unit to be registered on Department of Housing and Community Development's Subsidized Housing Inventory, and thus have the unit count towards the Town's state-legislated goal of maintaining 10% of the year-round housing stock as affordable4,the unit would have to be established through'DHCD's Local Initiative Program. The LIP allows affordable units established through conventional zoning to be counted on the SHI; The property owner would be required to file a:.LIP application, the application would have to be approved for inclusion in the rprogram, and the unit would have to meet DHCD's requirements, such as fair marketing, profit limitation, and long-term affordability. The Applicant has neither filed a LIP application,.-nor expressed any intention to do so. The Applicant also has the,option seeking,a Comprehensive Permit under M.G.L. Chapter 40B to permit a second affordable dwelling unit on the property, with LIP as the subsidizing agency.. The Applicant could then seek the.necessary zoning relief pursuant to M.G.L Chapter 40B. • The Applicant has provided no,indication that they have prior experience with renting and managing affordable units. Should an affordable housing unit be permitted on the property, staff would recommend that the unit be established under the LIP or rented and annually• monitored in a manner consistentwith the.Town's existing affordable housing programs.— The property is served by sanitary sewer. Variance Findings The statutory requirement of MGL Chapter 40A,.Section 9 for granting a variance is a three-prong test. The applicant must substantiate those conditions that justify the granting of the relief being sought. To grant a variance, the Zoning Board is required to make specific findings to support that ..: each of the three statutory requirements.have beer!-met: The statutory requirements are: P 1. Owing to circumstances related to soil conditions, shape,or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district irf which'it is located; and 2. A literal enforcement'of the provisions of the zoning ordinance would`rivolve . substantial hardship,financial or otherwise to the petitioner; 3. The desirable relief may.be granted.without substantial detriment to the public good i and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. An application for a variance that has met all three requirements does,not automatically confer the right to a variance. The Board still has the discretionary power to.' rant or`not grant the variance. a According to the 2010 Barnstable Housing Production Plan,6.8%o of the Town's year-round housing units are affordable, as required by the SHI: 3 Town of Barnstable Growth Management Department Staff Report Appeal 2012-003—Elwell—Use Variance,for Accessory Cottage Conditions Should the Board choose to make findings in support of the use variance request, staff seeks direction from the Board concerning possible variance conditions. Further, staff would recommend the Board allow for additional time to draft proposed findings and conditions for the appeal, and continue the hearing to a subsequent date. Staff has consulted with the Town's Housing Programs Coordinator and offers the following suggestions for potential conditions: • As the Applicant is requesting a use variance that would allow him to rent both the principal dwelling and the cottage unit, staff suggests that the Board consider requiring both the principal dwelling and the proposed cottage dwelling unit to be rented as affordable units. • The Board should consider the merits of requiring the Applicant to apply to have the proposed unit(s) established under DHCD's Local Initiative Program, thus allowing listing on the Subsidized Housing Inventory. The LIP application and approval process can take several months to complete, and the Town and LIP must approve a unit for listing on the SHI. • The Board could also consider conditions requiring the unit(s) be rented in compliance with the terms of the Town's Accessory Affordable Apartment:Program. Requirements of the program include maximum rents, tenant income limits, proof of compliance and monitoring, and a recorded deed restriction. Staff proposes tenant income limits be set at 65 percent or less of the area median income. A copy of the Accessory Affordable Apartment Program guidelines is attached for reference. Copies: Applicant Attachments: Application Floor Plans (by Applicant) Assessor's Record&Aerial Photo Accessory Affordable Apartment Program handbook 240-11. RB, RD-1 and RF-2 Residential Districts. A. Principal permitted uses.The following uses are permitted in the RB,RD-1 and RF-2 Districts: (1) Single-family residential dwelling(detached). B.Accessory uses.The following uses are permitted as accessory uses in the RB,RD-1 and RF-2 Districts: (1)Renting of rooms for not more than three nonfamily members by the family residing in a single-family dwelling. [Amended 11-7-1987 by Art. 12] (2)Keeping,stabling and maintenance of horses subject to the following. (a) Horses are not kept for economic gain. (b)A minimum of 21,780 square feet of lot area is provided,except that an additional 10,890 square feet of lot area for each horse in excess of two shall be provided. (c)All state and local health regulations are complied with. (d)Adequate fencing is installed and maintained to contain the horses within the property,except that the use of barbed wire is prohibited. (e)All structures,including riding rings and fences to contain horses,conform to 50% of the setback requirements of the district in which located. (0 No temporary buildings,tents,trailers or packing crates are used. (g)The area is landscaped to harmonize with the character of the neighborhood. r (h)The land is maintained so as not to create a nuisance. f 4 Town of Barnstable Growth Management Department Staff Report" Appeal 2012-003—Elwell—Use Variance for Accessory Cottage " (i)No outside artificial lighting is used beyond that normally used in residential'districts:` C. Conditional uses.The following uses are permitted as conditional uses in the RB,RD-1 and RF-2 Districts, provided a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of 4 240-, 125C herein and the specific standards for such.conditional uses as required in'this section:` (1) Renting of rooms to no more than six lodgers in one multiple-unit dwelling. (2)Public or private regulation golf courses subject,to the following: , (a)A minimum length of 1,000 yards is provided for.a nine-hole course andj2,000 yards for an eighteen-hole course. (b)No accessory buildings are located on the premises except those'for storage of golf course maintenance equipment and materials,golf carts,a,pro shop for the sale of golfre'lated articles,rest rooms, shower facilities and locker rooms. (3) Keeping,stabling and maintenance of horses in excess of the density provisions of Subsection B(2)(b) herein, either on the same or adjacent lot as the principal building-to.which such use is accessory: (4) (Reserved) Editor's Note: Former Subsection C(4),regarding family apartments,was repealed 11-18-2004 by Order No. 2005-026. See now 4 240-47.1. (5) Windmills and other devices for the conversion of wind energy to electrical mechanical mechanical energy,but only as an accessory use. (6)Bed-and-breakfast. j 59 UARI Town of Barnstable Zoning Board of Appeals Application for a Variance Date Received For'office use only:`' Town Clerk's Office: Appeal it �/.� ..Hearing Date Decision Due The undersigned hereby applies to the Zoning Board of Appeals for a Variance, in the manner and-for the reasons set forth below: Applicant's Name:' Todd C. Elwell , Phone: 508-778=2625 Applicant's Address: 12 Thornt:on Drive, Hyannis,MA 02601 Property Location: 45 Newtoti`;;Street, Hyannis ' Property Owner Todd C. Elwell , Phone: 508-778-2625- Address of Owner: 12. Thornton Drive, Hyannis, MA 02601 if petitioner differs froin owner,state nature of interest:' 24291—A and Registry'of Deeds/Land Court References: Deed' L.Ct. CTF 174273 Plan. 9638—G Assessor's Map/parcel Number: 308/158 Zoning District RB` Number of Years Owned: 7 Groundwater Overlay District: AP Variance Requested. ;Permitted Principal Uses: 240-11 A(l) Single—Family residential ,, . Cite Section&.Title of the Zoning Ordinance f Description of Activity/Reason for Request: - Permit use of existing cottage as affordable housing unit. Attach additional sheet if necessary Does the property'have any existing Variance or Special Permit issued to-itf No[ Ig :;Yes[ Permit#. The Applicant's Name will be the entity to whom the variance will be issued to. z if the Applicant differs from owner,the Applicant will be required to submit one original notarized letter from the owner authorizing the application to•the Zoning Board,a copy of an executed purchaser&sales agreement or lease,or other documents to prove standing and interest in the property. • r 1 Petition for a Special Permit-Page 2 Description of Construction Activity(if applicable): NONE Attach additional sheet if necessary Existing Level of Development of the Property Number of Buildings: 2 Present Uses):. Residential..U-se Existing Gross Floor Area. 2514 sq. ft. Proposed New Gross Floor Area: 2514 _sq. ft. .Site Plan Review Dumber: Date Approved: (not required for Single or Two family use) Is the property located in a designated Historic District?....................................... Yes( ] No (X] Is this proposal subject to the jurisdiction of the Conservation Commission ......... Yes[ ] No [X] Is this proposal subject to approval by the Board of Health ......................I........... Yes[ ] No[X] Is the building a designated Historic Landmark?.................................................... Yes[ ] No[X] Have you applied for a'building permit?......................................:......................... Yes[ ] No[X] Have you been refused a building permit?........................................................... Yes[ ] No[X] The following Required Information,as applicable to application,must be submitted with the application at the tirne of filing, failure to do so may result in a denial of your request. • Three(3)copies of the completed application form, each with original signatures. • Three(3)copies of a 'wet sealed'certified property survey(plot plan)and one(1) reduced copy(8 1/2'x I"or 11"x 17")showing the dimensions of the land,all wetlands, water bodies,surrounding roadways and the location of the existing improvements on the land. • Three(3)copies of a proposed site improvement plan,as found approvable by the Site Plan Review Committee (if appf icable),and building elevations and layout as may be required plus one(1) reduced copy(8 1/2"x 11"or 11"x 171 of each drawing. These plans must show the exact location of all proposed improvements and , alterations on the land and to the structures. • The applicant may submit any additional supporting documents to assist the Board in making its determination. Twelve copies of al)supporting documents must be submitted eight days prior to the public hearing for distribution to th27; mbers. Signature: Date: December 19, 2011 Applicant' o pre ve' S!g at Print Name " Steven J. Pizzuti Address: 336 South Street Phone: (508) 771-1911 Hyannis,_ MA 02601 Fax No.: (508) 790-0800 e-mail Address: steve0pizzutilaw.com ✓ 3 'All.correspondence on this application will be processed through the Representative named at that address and phone number provided. Except for Attorneys, if the Representative differs from the Applicant/Owner,a letter authorizing the Representative to act on behalf of the Applicant/Owner shall be required. J P LAY .APPLICAM'r PULL TO Im. H'-'4mVI5' - LOT .8 �� LOT 5 i '.. Q LOT 7BI = _ _- 1 =COTTAGE: ,OT 7A l �r _�. LOT / r - - / l� DEC.1i' _ 5 rf - �i r- r / I\ Akj&A� !VOTE' 1HYE BUILDINGS APP�'4R TO BE y , � . PRL�'—E,�'I,S"?'ING NON—LONFDRMING, .4 w fy'OLV PA1VL'L.' R50001_0006 ,p .FLOOD GONE: ti ! bereby certify tba t tbis z rtd age inspection plan ivas'prapd,r&d for,= y 't. For PLY3fOUTH SAVINGS BANA' Hark Use Only 7he 1ggBtiuY1 of the. building= s40wr2 rlucs Rot fall ;dthJn_ d bpVC.Ail flogs] ba2drd cone. " DEED REF Pea• taped insp&ctiaa it tyrt a .r• the jocatl'on n!dwvMng does M,, Caalurm to thd-laC&I by-jaw - - in effect et the tfair of cwzvtruction frith respect to borixantal dimes.>jgfiat yetbucic'requiraracuty LAN'R or is araJnpt.frorn vibltlfm enforcement action undor;dfoss. G'rlirrtJ Itw^ Ch, 40.4 -sec. 9. Scale I r �'?' 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An actual aLrvey i3 necessary fur a precise determination of 4k building location end rnoraxehmonts, if any e-r»t. :Rbw- M7 aarou property limas IV$ inspoetioo rriast not b4, vsad for rccording p-paysw or for use Lu prepar,,ag> dccd de=.riptioud- t.ad mtnt not be bard far mriancd al. & jefing plan purpose_ this j—poction must yot br uxrd to Iodate property lingx Verification of buildjrv$ locatiorza, property line dimenslaxii; fences or jat earrfwur4(4ion can an)y.,bc dacompllaharl by q,c 4ocurzite instruriirat -vuTM'r wbich may rvFlret different in1'0raratiO4; tbttn what 13 ahawn beroon. 7hls.;...pcctioo is nut to be used for tray purposes other than mar4gge, Yankee Survey tecepta no rasporiaihOity for dame pts r=yLjjting from said crfipncr, /� �T j �7 c� JT� �j�7 /'t/� ] /"J �T�f % Pt1iJN1;: SOti-d2B-0055 t11 V I1 E.L'I LJ U L df G YT (. CJ � - — - ANT> - 19 F.lX 508-420-555.3 UNIT .1, 40 .l1V.D USTRY-RD, MARST ONS MILLS, �A 0?f¢8 36f393 LM V Floor Plan 45 Newton Street, Hyannis, MA . `• _ ' •ArY�• .g. � �. tom'w_ �I .'.f r ' 22.0' Wood Deck t. 1 .. 10.0' P. { .a :h- 22.0 r• 2:0 10.0' zr: Dlning... Area. N Living-Room Kltchon • . '� . H� � � � .5 34.0' ED o �� Bath o• �A _ � Ali Bath pq U� Bedroom l Lj Bedroom _ Bedroom 10 _ .0' v CI05et M Cl 34.0 Bedroom First-Floor Main House o Bedroom 4 N '— Second Floor Maln House 34.0, t Ki chen . � N *. rn _ Bath..:• � . CD Wood Cottage Bedroom -� Deck o' 20.0' 10-.0' Detached Cottage TOWN OF BARNSTABLE ACCESSORY AFFORDABLE APARTMENT. PROGRAM Working Together to Create Affordable, Desirable and Safe Housing fort'our Residents Cindy Dabkowski Accessory Affordable Apartment Program Coordinator Growth Management Department .367 Main Street,3ra Floor Hyannis,MA 02601 Phone:_(98) 8624743 Fax: (508) 862-4782 ble.ma.us Cindy.Dabkowskigtown.barnsta ACCESSORY AFFORDABLE APARTMENT PROGRAM Background The Barnstable Town Council approved Article LXV, Comprehensive Permits for Pre-Existing and Un-permitted Dwelling Units and for New Dwelling Units Accessory to Single Pamily Dwellings, on November 16, 2000. The Program is more commonly known as the Accessory Affordable Apartment or(Amnesty)Program. Since its inception, the main objective of the program has been to use existing housing, which may currently violate the town's zoning laws, to provide safe, clean, legal and affordable housing for eligible citizens within our community while maintaining positive working relationships between the town and property owners. In October of 2002, the Town Council adopted two amendments to expand the program to allow property owners to 1) Create affordable apartments within existing detached (accessory) structures and 2) Create a new affordable apartment within attached structures. These two minor revisions helped to clarify the purpose and intent of the Program, and,allowed the opportunity-to create new, additional units for the town. The Accessory Affordable Apartment Program is one component of the Town of Barnstable's overall Affordable Housing Plan, which encourages the use of existing housing to create affordable units and the dispersal of these units throughout the seven villages. According to the Massachusetts Department of Housing and Community Development, as of May 3, 2011, 6.9% of the town's year-round housing stock qualifies as affordable. Bringing these properties up to code contributes to the town's ongoing goal of making 10% of its total housing stock affordable to low and moderate-income households. The Accessory Affordable Apartment Program upgrades properties, increases our affordable housing stock, and provides property owners with rental income. The Accessory Affordable Apartment Program is a simple formula that makes sense for Barnstable residents. The Program's ABC's: A: Allows apartment/property owners to make rental income; B: Brings town wide properties up to code; and C: Connects eligible residents to safe affordable housing. Thanks to the US Department of Housing and Urban Development(HUD) Community Development Block Grant(CDBG)program which provides funding for the Accessory Affordable Apartment Program. The program is subject to applicable federal, state and local reg ulations. ' 1 ACCESSORY AFFORDABLE APARTMENT PROGRAM Who Can Participate? of affordable housing that best meets the needs of In an effort to create the typehas established the following standards for the town and its residents, the town program eligibility: Single Family Properties: , 1. Must be owner-occupied, and 2. contain a pre-existing un-p ermitted unit;or ew unit within a new or.existing attached structure (i.e. basement or garage with 3. create a n breezeway), or 4. create anew unit within an existing ` be a C t n ofl.e. detached the United States orhave an Eligible 5. Property owners) and tenants) must b Immigration Status. Multi-Family Properties 1. The property must be legally permitted as a multi-family dwelling, but contain one or more p p units above the number allowed - et owners must then agree to the following terms to be.eligible: All prop ty . units into, compliance with both state building and sanitary.codes. 1. Bring O P ,r ' households whose income is 80%.o -of the area 2. Agree to rent the ss a le legalized.unit onlyto ee to barge'a median income for the Barnstable Metropolitan Statistical Area o an rent that is affordable to that household with a:minimum lease termm of f o one year: Income Limits 1'Person 2 Persons j. 3 Persons 4'Persons $44,950 -$51,400 $57800 $64,200 Maxinnum Rents: Studio One Bedroom. Two Bedrooms (Incl.utilities) $1,123 $1;204" $11365 ' the recording of a deed restriction with the Barnstable County Registry of Deeds, 3. Agree to legally p, stating that so long as the designated affordable unit exists as a le alvels. T e deed restriction willg will remain subject to;the restrictions on qualifying tenants andr if thre owner voluntarily chooses to is transferable or revocable upon the sale of the property cancel the comprehensive permit, in which case the property must be brought into compliance with the underlying zoning. 2 ACCESSORY AFFORDABLE APARTMENT PROGRAM WowDoes the Program Works -Permitting Process When a property owner comes forth or is referred to the program, he or she meets with the Program Coordinator to discuss the terms of the program. Once it is determined that a property is eligible and the property owner wishes to participate, a Site Visit is conducted with a Massachusetts Certified Housing Inspector I. Referral contracted with the Town. The property owner is not charged 2. First Site.Visit for the initial inspection, which is meant to educate him/her as to what is needed on site to bring the unit up to code. 3. Site Approval Applicatsori 4 Comprehensive Permit The applicant then applies for a Site Approval Letter from Process the Town, which is completed with staff assistance. The 5 Decision &Recording of applicant is required to provide information and Deed Restriction documentation to show that the site is appropriate for an 6 Final lnspectio.n accessory apartment. This information is reviewed by local 7. Certificate of Occupancy boards (i.e. Building Department on building code violations; Public Health Department re: Title V conflict, etc.) and the Town Manager or his designee in order to promote. safe and healthy living standards for residents needing affordable housing. Upon receipt of a Site Approval letter, the applicant and staff complete a Comprehensive Permit Application, which is submitted to the Zoning Board of Appeals (ZBA). Notice of the permit application is advertised in the local paper and is also provided to abutters. A hearing officer of the ZBA holds a public hearing on the application. The hearing officer also considers recommendations of local officials, agencies, and other boards and commissions before rendering a decision on the permit. application. The ZBA then renders a decision, which is certified and recorded at the Barnstable County Registry of Deeds together with a Deed Restriction, stating that so long as the designated affordable unit exists as a legally permitted dwelling, it will remain subject to the restrictions on qualifying tenants and rent levels. All units approved must remain in perpetuity, unless the owner voluntarily chooses to .cancel the comprehensive permit, in which case the property must be brought into compliance with the underlying zoning. A final inspection of the unit is conducted to ensure that it is up to code, and the building department then issues a Certificate of Occupancy. It is now time to choose a tenant. 3 ACCESSORY AFFORDABLE A,P ARTMENT PROGRAM Y HowDoes the Program Work. - Tenant Selection and Reimbursement Tenant Selection: Property owners select their own tenant from the prospective tenants supplied by the Administrator of the Ready to Rent List. It is advisable to inform potential tenants up-front about the terms of the Accessory Affordable Apartment Program,to be sure they are willing to verify their income annually. As with any rental agreement, a matrix of federal, state and local laws apply to prohibit discrimination on. the basis of race, color, national origin, ancestry, gender, sexual orientation, age,'marital status, religion, military / veteran status, blindness, hearing impairment, receipt of public assistance or rental subsidy; and children,with minor exceptions. Town staff is happy to assist-in Tacilitating the tenant selection process. Once the tenant is selected, the property owner will submit.a copy of the lease` ('with`a minimum one year term), Federal CDBG Monitoring Form; Tenant Information,.verification of the tenant's income in the form of four (4) pay stubs and a copy of the previous year's tax``return, and the Declaration of Citizenship `or Eligible Immigration Status form (if applicable) to the Program Coordinator. This information is kept in a secure file and is not a matter of public record. Your tenant cannot be related tvou by blood or marriage Thereafter, the relationship is a typical landlord'/ tenant arrangement, in`which all state.and federal laws apply, including those relative to the eviction process. Reimbursement forXxpenses: The Town of Barnstable may award Federal Community'`Development Block Grant (CDBG) funds to reimburse property owners for eligible costs associated with renovating or "rehabbing" an affordable unit for an income eligible person., Federal' regulations require you and your tenant(s) to be a Citizen of the United States or have Eligible Immigration Status, You will need to provide - documentation for both yourself and,the tenant(s); the form and instructions.willbe given to you with your application. . If you -or your tenant(s) 'cannot meet this requirement, you Will' not be eligible for reimbursement. Upon the issuance of a Comprehensive Permit,property owners can,apply for a one-time deferred loan that will be payable in full'upon sale,transfer, death, or'btherwise loss of the affordable deed restriction for up to $5,000* for eligible expenses. Eligible Activities (24 CFR 570.202): a. The Town CANNOT reimburse any,expenses.that occur before the Accessory Affordable Apartment Contract is signed by all parties: b. Cost of labor and materials needed to bring a.unit up to building code. c. Only non-luxury improvements are eligible. d. Appliances are only eligible if they are an integral structural fixture, such as a stove or refrigerator. . e. Smoke detectors and dead bolt locks. f. Septic improvements are eligible if required for the accessory unit. g. Lead paint hazard evaluation and reduction are eligible costs. h. The code violations must have been cited in the initial inspection by the Program Inspector and included in the contract in order to be eligible. 4 Ineligible activities for reimbursement include: a. Owner's personal labor; b. Costs of local permits; c. Room additions and extensions(unless required for building code); d. Purchase of construction equipment; e. Appliances (except stove or refrigerator if the.existing one(s) is deteriorated,hazardous, and beyond ;re air p ) £ Washers, dryers and window air conditioners; . Purchase installation or repair of f s•u-nishin g P g , h. Interior paneling; i. Paint or cost of painting; j. Bookcases or Shelving; k: Free standing concrete block walls; 1. Demolition that does not improve the existing structure; m. Wrought iron security bars; n. Barbeque pits/outdoor fireplaces; o. Bath houses, swimming pools, saunas, and hot tubs;. p. Burglar alarms; q. Dumbwaiters; r. Flower boxes, greenhouses, and greenhouse windows; s. Kennels. t. Can't use CDBG to supplant another funding source. u. In general — cosmetic repairs or those that don't stay with the apartment are not eligible. CDBG funded activities are subject to 24 CFR 570 as revised, the regulations of HUD and . OMB. If the regulations change, the lists above will change as well. Moe funds may be available for projects requiring septic upgrades or lead paint compliance. Property owners must agree to follow procurement standards to comply with Federal regulations and Town policies. The Town's procurement standards require participants to solicit three verbal quotes from qualified sources and award the contract to the lowest responsive, responsible bidder. Excess costs due to an expanded scope of work or as a result of selecting a bidder other than the lowest bidder shall be the responsibility ofthe owner. Reimbursement shall not be granted for any rehab activities done before the date of the signed contract with the Town,the issuance of a certificate of occupancy, a signed lease agreement with an eligible tenant,proof of the completed procurement process and receipts for work completed. 5 anwsr�►azs, s - 679 -Code of the Town of Barnstable kb Chapter 9,Article II ` Affordable Housing; Accessory Apartments and Apartment Units CHAPTER 9-ARTICLE II ti . Accessory Apartments and Apartment Units [Adopted 11-16-2000; amended 10-3-20021; § 9-12. Intent and purpose. A. The intent of this article is,to provide an opportunity to bring into compliance.many of the currently un- permitted accessory apartments and apartment units im the Town of Barnstable as well as to allow the construction of new dwelling.units'..accessory to existing single-family homes to create additional affordable: housing. B. This article recognizes that although un-permitted and unlawfully occupied,..these dwelling-units are filling a market demand for housing at rental costs typically below,that of units which are and have been lawfully constructed and occupied. , C. It is in the public interest and in concert-with,its�obligations'.tinder state law; for the Town of Barnstable to offer a means by which so-called un-permitted and illegal dwelling.units.can achieve lawful status,but only in the manner described below. , D. It is the position of the Town of Barnstable ahat the most_appropriate mechanism for.allowing for the conversion of unlawful dwelling units to lawful units is found in MGL c. 40B,'§ 20 to 23, the so-called "Comprehensive Permit" program. This provision of state law encourages.the development of low- and moderate- income rental and owner-occupied housing and provides a means for-the Board of Appeals to remove local barriers to the creation of affordable housing units. These barriers include any local regulation`such as zoning and general ordinances that may be an impediment to affordable housing development. E. the Local Comprehensive Plan states that the,Town should commit appropriate resources to support affordable housing initiatives. Under this article;.the Town commits'`the following resources to support this' affordable_ housing initiative: (1)Waiver of fees for the inspection and monitoringof the properties identified under thisarticle;. (2)Designation of Town staff to assist the property owner in navigating through the process established under this article; (3)To the extent allowable by law,the.negative effect entailed by the deederestriction involved'-will be reflected in the property tax assessment; and (4) To assist property owners in locatinga available municipal; state and federal funds for rehabilitating and upgrading the properties identified under this article: .: F. the Local.Comprehensive Plan,supports, in conjunction with a variety'of other strategies, the conversion of existing structures for use as affordable housing: G. Through the creation of a`local Chapter 40B program, which uses state.and federal subsidies, the Town can create.a mechanism to utilize existing structures aril to constructnew°accessory structures for the creation of affordable housing.units that is consistent with.the Town' s identified housing needs. §.9-13. Creation of local Chapter 40B program $ . ' As part of the Town's efforts to create the type of affordable housing that best meets the needs. of the'Town and its residents, the Town Manager and staff designated by the.Towri Manager shall establish aacreenmg process and criteria for the preexisting and un-permitted units described herein,as well as for the' construction of new units accessoryto single-family.homes,as part oft'local 40B program which program will provide the state or federal subsidy necessary to establish.standing.under Chapter 40B for-units being created.and/or permitted - I. §9-14.Amnesty program. Recognizing that the success of this article depends, in part, on the admission by real properly owners that their property may be in violation of the Zoning Ordinances of the Town,the Town hereby establishes the following amnesty program: A. The threshold.criteria for units being considered as units potentially eligible for the amnesty program are: (1)Real property containing a dwelling unit or dwelling units for which there does not exist a validly issued variance, special permit or building permit, does not qualify as a lawful,nonconforming use or structure,for any or all the units, and that was in existence on.a lot of record within the Town as of January 1,2000; or (2)Real property containing a dwelling unit or dwelling units which were in existence as of January 1,2000,and which have been cited by the Building Department as being in violation of the Zoning Ordinance; and (3)The property owner has the burden of demonstrating to the Building Commissioner that the criteria in either Subsection A(1)and/or(2)have been satisfied. (4)If.any dwelling unit or units identified herein are occupied during the period of time when amnesty is in effect, said unit must be inspected by the entity designated by the Town Manager and found to be in conformance with the State Building Code and State Sanitary Code., B. The procedure for qualifying units that meet the threshold criteria for the amnesty program is as follows: (1)The unit or units must either be a single unit accessory to an owner occupied single-family dwelling or one or more units in a multifamily dwelling where there exists a legal multifamily use but one or more units are currently un- permitted; (2) The unit(s)must receive a site approval letter under the Town's local Chapter 40B program; (3) The property owner must agree that if s/he receives a comprehensive pennit,the unit or units for which amnesty is sought will be rented to a person or family whose income is 80% or less of the area median income (AMI)of Barnstable Metropolitan Statistical Area(MSA)and shall further agree that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development(HUD)for a household whose income is 80% or less of the median income of Barnstable Metropolitan Statistical Area. In the event that utilities are separately metered,the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. (4) The property owner must agree,that if s/he receives a comprehensive permit,that s/he will execute a deed restriction for the unit or units for which amnesty is sought,prepared by the Town of Barnstable,which runs with the property so as to be binding on and enforceable against any person claiming an interest in the property and Which restricts the use of one or more units as rental units to a person or family whose income is 80% or less of the median income of Barnstable Metropolitan Statistical Area(MSA). (5)Upon receiving the site approval letter under Subsection B(2)above,the property owner shall within three months file an application for a comprehensive permit under the local Chapter 40B program with the Barnstable Zoning Board of Appeals. C. The procedure for obtaining amnesty is as follows: (1)No zoning enforcement shall be undertaken against any property owner who demonstrates that s/he meets the threshold criteria under Subsection A and further demonstrates that s/he is proceeding in good faith to comply with the procedures under Subsection B to obtain a comprehensive permit. (2)Any protection from zoning enforcement under this article shall terminate when: (a)A written determination is issued under the local Chapter 40B program that the criteria under Subsection B and the local Chapter 40B program cannot be satisfied; or (b) it is determined that the property owner is not proceeding diligently with his/her Chapter 40B application; or(c) the property owner's Chapter 40B application is denied. A person is deemed "not to be proceeding diligently" if s/he does not receive.a comprehensive permit within 12 months from the date of issuance of the site approval letter under the local Chapter 40B program. .(3)This amnesty program shall be reviewed by the Town Council no later than October 1,2003. A-2 §9-15.New units accessory to single-familyowner=occupied dwellings. For a proposed new unit to be eligible for consideration under the local chapter 40B program, it must be a single unit,accessory to an owner-occupied single-family,dwelling,to be located within or attached to an existing residential structure or within an existing building located on the same lot as said residential structure and comply with the following: A.The unit(s)must receive a site approval letter under the Town's local Chapter 40B program; B.The property owner must agree that if s/he receives a comprehensive permit,the accessory dwelling unit will be rented to a person or family whose income is 80%or less of the area median income(AMI)of Barnstable Metropolitan Statistical Area(MSA)and shall further agrees that rent(including utilities)shall not exceed the rents established by the Department of Housing and Urban Development{HUD)for'a household whose income is 80%or less of the median income of Barnstable Metropolitan Statistical Area. In the event that utilities are separately metered,the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. C. The property owner must agree,that if s/he receives a comprehensive permit,that s/he will execute a deed restriction for the unit,prepared by the Town of Barnstable,which runs with the property so as to be binding on and enforceable'against any person claiming an interest in the property and which restricts the use of the one unit as a rental unit to a person or.family whose income,is 80%or less of the median income'of Barnstable Metropolitan Statistical Area(MSA). D.Upon receiving the site approval under Subsection k above,the property,owner shall file an application for a comprehensive permit under the local Chapter 40B program mith the.Barnstable Zoning Board of Appeals., §9-16. Quarterly reporting. The Town Manager shall report to the Town'Council no less than quarterly as to the use of this article;paying particular regard to the level of participation. Approved by a vote of the Town Council on Nov-vember 16, 2000,by a roll call vote of Yes-9Abstain-1'No-0.: *Amended by a vote of the Town:Council on October 3,2002 by a roll call vote of Yes-]0 No-O `"` A'3 I I ? a►mvsrAHM _ Town Manager's Resolution on the Criteria for the Local Chapter 40B Program BARNSTABLE TOWN COUNCIL ITEM NO: 2001-024 11/16/2000 Resolve: . The Town Council, in authorizing the creation of a local Chapter 40B program under Section 2 of the general ordinance entitled"Comprehensive Permits for Pre-Existing and Un-permitted Dwelling Units and for New Dwelling Units in Existing Structures",delegated to the town manager the task of creating the criteria for the local program.In creating the aforesaid local chapter 40B program the town council endeavors to encourage the creation of safe affordable housing that addresses the needs of the town and its citizens. The town council acknowledges that the town manager intends to adopt the attached criteria to implement the local program. The town council recognizes that from time to time this criterion may change and requests that the town manager provide the town council with prior notice of any proposed changes. Criteria for Town of Barnstable Local 40B Program 1.Purpose The intent of this program is to bring into compliance many of the un-permitted accessory apartments and apartment units in the Town of Barnstable,with the goal of providing incentives for the property owners to make these units safe and affordable. In addition,it is the goal of this program to use existing single-family dwellings to create new affordable single units accessory to single-family owner-occupied dwellings. The Town Manager or his/her designee shall have the authority to issue a site approval letter to the property owner in order to apply for a Comprehensive Permit under M.G.L. Ch.40B. These guidelines are available to any person,group, or company upon request to the Planning Department of the Town of Barnstable. 2.Threshold Requirements A. The Designated Affordable Units must be rented to households at or below 80%of Area Median Income(AMI). (See Qualifying Income and Rent). B.The Designated Affordable Units must be in compliance or brought into compliance with the State Building Code and the State Sanitary Code. C.The Designated Affordable Units must be rented in a fair and open basis. (See Marketing) D. Designated Affordable Unit or Units must comply with the requirements of Title V of the State Environmental Code.An owner may provide proof of pre-existing bedrooms for the purposes of determining Title V compliance. E. The property owner must agree to execute a written regulatory agreement with the Town of Barnstable, in a form approved by the Town Attorney,limiting his/her profits in accordance with the requirements of M.G.L. c. 40B §§ 20-23. The execution of the approved regulatory agreement by the property owner shall be a condition of the grant of any comprehensive permit. A-4 3.Deed Rider A perpetual deed rider in a form approved by the Town Attorney will be recorded in the registry of Deeds stating that so long as the Designated Affordable Unitsexist as dwelling units;said dwelling units will.remain subject to the restrictions on qualifying tenants and rent levels. 4.Restriction of Sale,Proof of Compliance and Monitoring A.The Designated Affordable Units will be retained as permanent,year round rental dwelling units with at least one-year leases. If the dwelling unit is not rented for a period.greater than twelve-(12)months then the. Comprehensive Permit shall lapse. B.The Zoning Board of Appeals shall include as a condition of approval of any Comprehensive Permit issued . Sc under this program that the recipient.of the Comprehensive Permit shall,on or before January 1 of each year, forward to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit or Units are rented,to whom they are 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: 5. Eligible Units A. Eligible Units in existence prior to January"1,-2000 are those units'described in Ordinance 9-14: Comprehensive Permits for Pre-Existing and Un-permitted Dwelling Units. B.A single unit accessory to a single-family dwelling located in a residential zoning district is eligible only if the principal unit is owner-occupied. The owner of the property must certify it is his/her principal residence annually to the Monitoring Agent. C.A proposed new single unit accessory to a single family dwelling shall not exceed 50%-of the square footage of the principal residence and shall have no more than two bedrooms. D.Eligible Units shall meet all state building and state sanitary codes and shall be consistent with the character of the neighborhood with respect to such issues-as landscaping and parking. 6. Oualifying Incomes and Rent Levels A Designated Affordable Unit or Units will be restricted to households whose income is at or below 80%of Area Median Income(AMI)as defined by the Department of Housing and Urban Development(HUD). Rents _ (including utilities) shall not exceed the rents established.by HUD for household whose:income is 80%of Area Median Income. Where a tenant has leased and resided in an existing eligible unit on or before September 7, 2000 and that tenant household's income exceeds 80%of Area Median Income(AMI),the comprehensive permit for that unit should not become effective-until the end of the lease term of said current tenant. 7. Eligible Tenant A.An eligible tenant shall have household income not to exceed 80%of Area Median Income(AMI)for Barnstable Metropolitan Statistical Area(MSA)as determined by the Department of Housing and Urban Development(HUD) B.A household's income shall include the combined income.of all members of the household 18 years and older. C. An Eligible Tenant may be an individual of at least 18 years of age or a family. A-5 8.Non-Eligibilitv/Disgualification r . No employee, agent,stockholder,officer, director,or servant or family member of the Owner or its Management Company, or its employees, agents, or servants thereof,related by blood,marriage, or operation of law may qualify for a Designated Affordable Unit or receive any benefit related in any way to the administration or compliance with the Comprehensive Permit. 9.Assistance for Rehabilitation of Existing Units The Town Manager or his designee shall assist the property owner in locating municipal, state or federal funds available for the purpose of rehabilitating and upgrading existing units. Where the distribution of funds is determined by the Town,such as under the CBDG program,priority shall to property owners who agree to rent to tenants whose household income does not to exceed 65%of Area Median Income(AMI)for Barnstable Metropolitan Statistical Area(MSA) as determined by the Department of Housing and Urban Development MUD). 10. Marketing A. Units accepted under this program shall be rented on an open and fair basis. When a vacancy occurs,the unit must be listed as available with the Barnstable Housing Authority and Housing Assistance Corporation. The owner may select any tenant who meets the eligibility requirements of Section 7 above. B. Priority shall be given to the extent permissible under law to Town of Barnstable residents and those employed in the Town. 11. Permit Continuation A Comprehensive Permit issued under this program shall run with the land and shall be binding upon on the executors, administrators,devisees, heirs and successors and assigns of the permitee unless and until the Comprehensive Permit is either revoked or lapses or otherwise ruled invalid by operation of law. 12. Lapsed and Revoked Comprehensive Permits A Comprehensive Permit that has lapsed or has been revoked by the Zoning Board of Appeals for failure to comply with permit conditions shall lose any and all protections afforded by the Amnesty Program. 13. Voluntary Cancellation of Comprehensive Permit f ' Any owner of a dwelling which has been granted a Comprehensive Permit for a Designated Affordable Unit or Units under this Program may voluntarily cancel the granted Comprehensive Permit upon expiration of the lease terms entered into between the owner and tenant occupying said unit. The owner of said dwelling shall notify the Zoning Board of Appeals of his/her desires to cancel the Comprehensive Permit upon a date certain thus rendering said Comprehensive Permit void. A-6 i Aiessage Puckett, Carol From: Jenkins, Elizabeth Sent: Tuesday, December 06, 2011 8:31'AM v �� To: 'Dennis Cuddy' Cc: Puckett, Carol 1 2' Subject: RE:45 Newton Street appeal for.variance=' I Thank you, Dennis. I've received your letter and it will be distributed to the Board. Best, 4 Elizabeth Elizabeth S.Jenkins Principal Planner Town of Barnstable Growth Management Department 200 Main Street, Hyannis, MA 02601 Tel!.(508) 862-4736 ' --Original Message— From: Dennis Cuddy[mailto:dencud@yahoo.com] Sent: Monday, December 05, 2011 6:18 PM To: Jenkins, Elizabeth Subject: Re: 45 Newton Street appeal for variance Here again is my letter to the board. Again,please confirm.. Thanks. To: Town of Barnstable Zoning Board of Appeals ' Re: Appeal for a Variance at 45 Newton:Street, Hyannis q From: Dennis Cuddy,Co-Trustee,40 Newton Street Realty Trust " Date: December 2,2011 My parents purchased the home at 40 Newton Street,directly across the street from 45 Newton Street;in the early seventies.. At that time,and for many years after,45 Newton was a beautiful,well-maintained single family home. I don't know the year it was sold,-,but the property declined quickly when it did. Landscaping died or was removed(and not replaced)and the general upkeep of the home was inconsistent at best. Eventually, it became clear to us from the number of cars in the widened driveway and the many people " coming and going,that the home at 45 Newton was no longer a single family unit and that the original garage, if not several rooms in the.house;was being used as rental units. Approximately five years ago, I called the town to ask them to investigate,and though treated courteously, I was essentially told that nothing could be done because the residents had the right to refuse town officials access to the house to investigate.,{Current staff in the town.office;on the other hand, have been very responsive andhelpful in answering my questions regarding this matter.) Since then,the situation at 45 Newton has deteriorated further. It has appeared as though moreunrelated people were living there and the behavior of some residents has been a serious pr oblem. The most traumatic event for us personally took place two years ago when an unrestrained.pit bull charged from the front.door area of 45 Newton onto our lawn and leaped'at my 2 yr.old grand niece who was holding's balloon in r before the owner regained control of the dog,as you;can her band. Though she was fortunately not harmed imagine,it was quite traumatic for those of us who were standing there. I'm also aware that the'police have at times been,called to the property,,most recently this past September when I believe they removed one.of the residents..When my niece was at our house with her family this past a Message April, there was loud music coming from 45 Newton until 11:00 PM for several consecutive days. The other properties in the Newton Street/Maple Avenue area are well-maintained by people who clearly take pride in their homes. In recent years some new families have arrived and updated and improved several of the homes. Some have moved on,however,in part due to their concern about the fact that the situation at 45 Newton will spread. In fact, in the last year a.second house on the street is showing similar signs of decline,with refuse often strewn across the front lawn this past summer. Two of our closest neighbors are single,elderly women who have lived in the area for many years,and frankly, I know from my personal conversations that they are concerned for their safety. Its my understanding that the owner of 45 Newton Street has petitioned for a zoning variance for up to six unrelated individuals to live on his property. Its also my understanding that the town recently charged the owner with a violation and required him to"re-convert"the original garage of the home so that the area could no longer be used as 2 individual rental units. Clearly,this owner has been operating an illegal dwelling for many years,to the great detriment of the neighborhood and those who live there. I believe the neighborhood is at a critical"tipping point"and that an approval on this request for a variance will irreparably change the nature of this neighborhood.While I understand that the owner has the right to appeal for a variance, I hope the board can and will consider his previous dishonesty when weighing a decision. The property is clearly"out of character"in the Newton/Maple Avenue area and I respectfully implore the board to deny the request for a variance. Thank you for your consideration. Dennis Cuddy Co-Trustee 40 Newton Street Realty Trust From:"Jenkins, Elizabeth" <Elizabeth.Jenkins@town.barnstable.ma.us> To: Dennis Cuddy<dencud@yahoo.com> Sent: Monday, December 5, 2011 1:55 PM Subject: RE: Hi Dennis. I received your e-mail, but I cannot open the attachment. Could you try resending the attachment? Or,you could paste the text of the letter into an e-mail. Thanks, Elizabeth Elizabeth S.Jenkins Principal Planner Town of Barnstable Growth Management Department 200 Main Street, Hyannis, MA 02601 - Tel: (508) 862-4736 ----Original Message— From: Dennis Cuddy[mailto:dencud@yahoo.com] Sent: Monday, December 05, 2011 1:48 PM To:Jenkins, Elizabeth Subject: Hi Elizabeth--Here is my letter to the Board of Appeals. Thanks, Dennis Cuddy , 1 vo To: Laura Schufelt ZBA Chair W/ . o+t " aC Town of Barnstable ` RE: Todd Elwell /. � T k. Appeal No.2011-049 •; Y 45-45A Newton St in Hyannis,and I:am P My name is Patrick MacLellan I abut th>s pioperiy Q raising Two children with-my wife in this RESIDENTIAL area,of single family homes Mr.Elwell has applied'for a permitin order to use this single'family home,inna way.that will NOT enhance property values for(what should be)a quiet,',family oriented neighborhood. .,°. He is applying for a SPECIAL permit in accordance with section 240-11C(1) Conditional Uses in the R&B District s °x The intent of 240,11 Cl;-was:�' to allow RB type operations'in LARGER homes to pro an adaptive re,use for thi a sinictures and.in doing so,°encourage the maintanence"and enhancement of these OLDER buildings which are part of the commimity'CHA�CTER." Looking at the history Hof this_home since the time thaf Mr'Elwell bought rt(ASeptember 2004),rt is obvious-that this was not his intent.it is run as an ILLEGAL ROOMING HOUSE,and this is effecting theµ. neighborbhoodin-a NEGATIVE way it is NOT an`enhancement by any means. N 3c Enclosed is-a copy of the police reports on this property(36 under HIS ownership), There.have _ -been TuRE ;a rests since March of 2010,,and as RECENTLY as-,ast month_{9/28/11) Patrick MacLellan���� ` A n e e ., c , FM z ��D cL GLL OIAU f 1 D-26-2011 Page: 1 N� l c• .� S! --cea �/icm�ty 2011 09 28 2206 DISTURBANCE ARREST MADE 11-38398 N 2011 08 30 2319 HARASSMENT, UNWANTED GONE ON ARRIVAL 11-34551 N 2011 08 04 2333 SUSPICIOUS,ACTIVITY GONE ON ARRIVAL 11-30772 N 2011 06 09'2346 DISTURBANCE ARREST MADE .11-23002 N 2011 04 22 1732,E ASSIST, CIVIL ADVISED 11-15832 N 2010 08 10 1720 DISTURBANCE SERVICED 10-25381 N 2010 03 010151 SUSPICIOUS,MOTOR VEHICLE210 ARREST MADE 10-5951 N 2009 12 28 2259 09-43187 N 2009 12 26 2023 DISTURBANCE ADVISED 09-43014 N 2009 12 26 1458 HARASSMENT,THREATS REPORT TAKEN 09-42995 N 2009 12 26 1128 DISTURBANCE, NOISE SERVICED 09-42976 N 2009 12 24 1743 HARASSMENT, UNWANTED GONE ON ARRIVAL 09-42882 N 2009 10 19 1703 DISTURBANCE SERVICED 09-35407 N 2009 10 111841 DISTURBANCE REPORT TAKEN 09-34337 N 20D9 05 27 2348 SUSPICIOUS,ACTIVITY SERVICED 09-16695 N 2009 05 01 0918 DISTURBANCE ADVISED 09-13417 N 2009 03 15 200.3 ASSIST, CIVIL ADVISED 09-8127 N 2009 01 20 0020 HARASSMENT, PHONE CALLS ADVISED 09-1794 N 2008 10 22 1622 ASSAULT UNFOUNDED 08-37285 N 2008 10 16 1744 08-36697 N 2008 05 03 1227 WARRANT,ATTEMPT UNABLE TO SERVE 08-14833 N 2008 02 23 1145 ASSIST,WELL BEING ADVISED 08-6119 N 2007 09 13 1947 ASSIST SERVICED 07-32537 N 2007 05 14 1326 MOTOR VEHICLE,ABANDONED SERVICED 07-16248 N 2006 12 16 0536 VANDALISM REPORT TAKEN 06-39440 N 2006 12 01 0805 DISTURBANCE, FIGHT UNFOUNDED 06-37548 N 2006 10 09 1240 VANDALISM REPORT TAKEN 06-31861 N 2006 08 30 0629 DOMESTIC,VERBAL ARGUMENT PROTECTIVE CUSTODY 06-27273 N 2006 07 03 1602 ACCIDENT, PROPERTY DAMAGE REPORT TAKEN 06-19284 N 2006 07 03 1523 ASSIST,WELL BEING SERVICED 06-19283 N 1 . 2006 05 01 1618 SUMMONS, SERVE UNABLE TO SERVE 06-12054 N 2006 03 15 2150 DISTURBANCE ARREST MADE 06-7251 N 2005 0622 1356 ASSIST, KEEP PEACE SERVICED 05-17951 N 2005 06 19 1617 ASSIST, KEEP PEACE SERVICED 05-17608. N 2005 06 18 1842 WARRANT,ATTEMPT UNABLE TO SERVE 05-17499 N 2005 06 18 1830 FOLLOW UP SERVICED 05-17495 N 2005 06 18 1638 DOMESTIC,ASSAULT&BATTERY REPORT TAKEN 05-17480 N 2005 06 18 0722 ASSAULT,A&B DANG/WEAP . SERVICED 05-17439 N 2004 02 19 2010 B&E, RESIDENCE ARREST MADE 04-5430 N 003 07 16 1450 DOMESTIC, RO ATTEMPT UNABLE TO SERVE 03-282.12 N ,.45 Newton St Hyannis MA - Home For Sale and Real Estate Listing - MLS #21203164 - ... Page 1 of 2 w� REALTOR.coR1' Official Site of the Hi! Sign In It Sign Up I 1 Listings• 2 Searches•!Mobile Apps. ® National Association of REALTORSB Find Homes RlAln Find Homes • ; Find REALTORS@ Finance I Moving Home&Gard ftddress,City,Zip,or Neighborhood Listings Refreshed:24 Minutes Ago presented by I45 Newton St Nikolas Atsalis Hyannis,MA 026ol - Mobile:(5o8)36o-8996 y $324,000 .Beds: 4 Bed Baths: 2 Bath _.t House Size: 2,154 Sq Ft Brokeredby Lot Size: 0.27 Acres Robert Paul Properties,Inc. f `' We're all about Cape ., we coal - -�-- _ Office:(5o8)420-1414 Fax:(5o8)42o-1472 Open House Details No scheduled open houses Request a private showing r � 1 Q 11ir 101ltilee � http://www.realtor.com/realestateandhomes-detail/45-Newton-St_Hyannis_MA_02601_M... 4/13/2012 -Z45 Newton St Hyannis MA - Home For Sale and Real Estate Listing -ML8#21203164 Page 2 of 2 I't 'ply �. m Wo on { t ,`�� �`�'_ +SBA �� .. ,ai - � � �► .� �� � , r y5 f s 01 } ., .� ( , http://www.reactor.coin/real6'stateandhomes-detail/45-Newton-St_Hyannis_MA_02601_M... ,-4/13/2012 1 W Yv IVA J PQ -� r .. z �� ,,,, Cam. - �., �� �; � 5 �� � �. Town of Barnstable Growth Management Department Jo Anne Miller Buntich, Director Staff Report—Supplemental 4 Variance 2012-003— Elwell 240-11(A)(1)— Principal Permitted Uses Use variance to allow use of cottage as affordable housing unit Date: April 6, 2012 To: Zoning Board of Appeals From: Elizabeth S. Jenkins, Principal Planner Petitioner: Todd C. Elwell Petitioner's Address: 12 Thornton Drive, Hyannis Property Address: 45 Newton Street, Hyannis Assessor's Map/Parcel: Map 308 Parcel 158 Zoning: Residence B District Filed:December 20,2011 Hearing:January 25,2012,February 8,2012. Decision Due: April 28,2012 April 11,2012 (Extension on file) Board Members sitting: Laura Shufelt, William Newton, Craig Larson,,Alex Rodolakis, George Zevitas Copy of Public Notice Todd C. Elwell has applied for a variance to Section 240-11(A)(1) Principal Permitted Uses in the Residence B District. The Applicant is requesting a variance to allow an existing accessory cottage to be used as an affordable housing unit. The subject property is located at 45 Newton Street, Hyannis, as shown on Assessor's Map 308 as Parcel 1.58. It is in the. Residence B Zoning District. Relief Requested In Appeal 2012-003, Todd Elwell has applied for a variance to Section 240-11(A)(1) Principal ; Permitted uses. The only principal permitted use in the RB District is a "single-family residential. dwelling (detached)." The Applicant seeks a use variance to allow a second dwelling runit. in the existing accessory cottage on the property. The Applicant has proposed to rent the accessory cottage as an affordable unit. February 8th Hearing Summary At the February 8, 2012 hearing,Attorney Steven Pizzuti, representing Todd Elwell, presented the request for a use variance to allow an accessory structure on the Applicant's property to be.used- as a second dwelling unit. Attorney Pizzuti explained that Mr. Elwell had purchased the subject property with the intention of continuing to rent it as a rooming,house, and subsequently learned that the use was in violation of zoning. Mr. Elwell, who does not reside on the property,was renting the main house to seven tenants and the converted garage (hereinafter"the cottage") to two tenants prior to the issuance of a zoning violation in August 2011: .The Applicant proposed to explore renting the cottage under DHCD'sLocal Initiative Program. Questions were raised as to whether the unit would meet the LIP's.minimum square footage requirements. The.Applicant indicated.he was intending to rent the main'house to'a tenant/property manager, who would then rent the house and the cottage to additional persons; 'He also-proposed to install landscaping to help screen the property from abutters. The Board stressed the importance of owner-occupancy of the property to allow for proper and continuous oversight of tenants. The intensified use of the property, given the proposal to rent 3 I , Town of Barnstable Growth Management Department Staff Report „ M Appeal 2012-003—Elwell—Use Variance for Accessory Cottage both the main dwelling and the cottage, was also a concern. The Board posed the possible option of conditioning the variance for the cottage on owner-occupancy of the principal dwelling,thus providing the Applicant either a year to occupy the property or seek a buyer for the property willing to occupy the principal dwelling. Conversely, Board members pointed out that the cottage could,be rented under the Accessory Affordable Apartment program if the dwelling was owner occupied. At the conclusion of the hearing, the Board granted a continuance to allow the Applicant time to, consider their proposal in light of comments from the Board that the principal dwelling should be owner occupied for a second rental unit to be considered., - Staff Comments • The Board may want to ask the applicant for any additional information regarding the possibility of having the proposed unit established,under DHCD's Local Initiative Program. • Section 240-11(B) allows "renting of rooms for not more than three non-family members" as an accessory use to a principal permitted single-family use. Whether the rental is conducted by-, the property owner, or by a family acting as a property manager, this provision would allow a minimum of four adults to occupy the principal dwelling. A variance to allow a second dwelling unit on the property would presumably allow one to two additional adults to occupy,.the property, unless conditioned otherwise. r The Applicant indicated he will attempt to rent the house to,a person or family that would act as a property manager and rent rooms and the proposed cottage unit. Staff suggests the business nature of this proposal may not be consistent with the single-family zoning. The Board may want to discuss if the intensity of use that would be permitted by grant of a use variance, coupled with the Applicant's treatment of the use as a business venture, is within the spirit and intent of the single-family zoning district in which the property is located. • From 1997 to 2011, the Board considered 12 similar use variance applications (for second ' units). Of those applications, only 3 were granted and those were all prior to the adoption of the Accessory Affordable Apartment Program in 2000. - • The Board should consider if the three required statutory findings can be.made for grant of a ' use variance. Specifically, the Board may wish to consider if the variance request meets the . criteria established by judicial precedent for finding 'substantial hardship' caused by a literal enforcement of the zoning requirements. "In relation to use variances, `substantial hardship, financial or otherwise' is found where under the unique circumstances 'it is not economically feasible or likely that the locus would be:developed in the future'for a use permitted by the zoning ordinance."", The'principal.structure on the property was constructed for single-family residential use, and it appears that use could be established on the property. Further, the General Code allows for an accessory dwelling unit to be established'under the Accessory Affordable Apartment Program. Should the Board find that `substantial:hardship' results,they may wish to consider,if such 'hardship' resulted from the actions of the property owner. Judicial precedent establishes that "a variance is not properly granted where the hardship was:created by the landowner"and that "prior illegal improvements to the land cannot be used to establish hardship."2 Ref.Massachusetts Zoning Manua12005;see Cavanaugb v DiFlumera,9 Mass.App.Ct.3996,402,401 NE.2d 867,871 (1980) 2 Ref.Massachusetts Zoning Manual 2005;see Stark v.BOA Quincy, 341Mass.`118;122,167 N.E.2d 611 613-14(1960). . Ruled that a use"conducted...in violation of the...[zoning ordinance]without permission from the proper authority...[did] not give the owner any preferred standing"to obtain a variance. 2 Town of Barnstable Growth Management Department Staff Report Appeal 2012-003—Elwell—Use Variance for Accessory Cottage Variance Findings The statutory requirement of MGL Chapter 40A, Section 9 for granting a variance is a three-prong test. The applicant must substantiate those conditions that justify the granting of the relief being sought. To grant a variance, the Zoning Board is required to make specific findings to support that each of the three statutory requirements have been met. The statutory requirements are: 1. Owing to circumstances related to soil$conditions, shape,'or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located; and 2. A literal enforcement of the provisions of the zoning ordinance would involve substantial hardship, financial or otherwise to the petitioner; 3. The desirable relief maybe granted without substantial"detriment to the`public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. An application for a variance that has met all three requirements_does not automatically confer the right to a variance. The Board still has the discretionary power to grant or not grant the variance. Conditions No draft finding or conditions have been prepared for the Board's consideration at this time; staff seeks additional input from the Board, the Applicant and the public. If the Board wishes to see the principal dwelling owner-occupied, staff suggests that an accessory unit would be more appropriately permitted through the Accessory Affordable Apartment:Program than by use variance. Staff further recommends that if the Board should choose to consider grant of a variance for the second unit, the following should;be considered: Conditions requiring the unit to be rented,in compliance with the terms of the Town's Accessory Affordable Apartment Program. Requirements of the program include maximum rents,.tenant, income limits, proof of compliance and monitoring, and a recorded deed restriction. Staff proposes tenant income limits be set at 65 percent or less of the area median income. The merits of requiring the Applicant to apply to have the proposed unit(s) established under DHCD's Local Initiative Program, thus allowing°listing on the Subsidized Housing Inventory. The LIP application and approval process can take several months to complete, and the Town _ and LIP must approve a unit for listing on the SHI: Copies: Applicant Attachments: Floor Plans(by Applicant) Assessor's Record&Aerial Photo .3 ,.1 Town of Barnstable Growth Management Department Staff Report Appeal 2012-003—Elwell—Use Variance for Accessory.Cottage ' a §240-11. RB,RD-1 and RF-2 Residential Districts: A. Principal permitted uses. The following uses,are permitted.in the RB,_RD-1 and RF-2 Districts: (1) Single-family residential dwelling(detached) B. Accessory uses. The,following uses are permitted as accessory uses in the RB, RD-1 and RF-2 Districts: (1)Renting of rooms for not more than three nonfamily members by the family residing in a single-family." dwelling. [Amended 11-7-1987 by Art.,"12] (2)Keeping, stabling and maintenance of horses subject to the following. " (a)Horses are not kept for economic'gain. (b)A minimum of 21,780 square feet of lot area is provided, except that an additional 10,890 square feet of lot area for each horse in•excess of two shall be provided. + °€ 4 (c)All state and local health regulations are complied with. ' (d)Adequate fencing is installed and maintained to contain the'horses within the property, except that'the use of barbed wire is prohibited: (e)All structures' including riding rings and:fencesto' contain horses,-conform to 50%of the setback' $ requirements of the district in-which located. (f)No temporary buildiiigs,'tents;trailers or packing crates are used. (g)The area is landscaped to harmonize with the character of the neighborhood. (h)The land is maintained so as not to create a nuisance. (i)No outside artificial lighting is used beyond that normally used in residential districts. .: C. Conditional uses. The following uses are permitted as conditional uses in the RB,`RD-1 and RF-2 Districts,.. provided a special permit is first obtained.from the Zoning Board of Appeals subject to,the provisions of§,240 125C herein and the specific standards for such`conditional uses as required in this section: .: . (1)Renting of rooms to no more than six lodgers in one multiple-unit dwelling; (2)Public or private regulation golf courses subject to the following: :;. (a)A minimum length of 1,000 yards,is provided for a riine-hole course'and 2,000 yards:for an eighteen-' hole course. (b)No accessory buildings are located on the premises except thoseefor;storage of golf course maintenance }` equipment and materials,- golf carts, a pro shop for the sale of golf related'articles,rest rooms, shower facilities and locker rooms. : . (3)Keeping, stabling and maintenance of horses in excess of the density provisions of Subsection B(2)(b),V. herein,either on the same or adjacent lot as the principal building to which such use is'accessory. ' (4)(Reserved)Editor's.Note:Former Subsection C(4)-regarding family'apartments,,was repealed 11-18-2004 A L by Order No. 2005-026. See now§ 240-47:1: (5)Windmills and other devices for the conversion of.wind energy,to electrical or mechanical energy, but3only as an accessory use. . (6)Bed-and-breakfast. Y<<4 .a r 3y : Page 1 of 1 Anderson, Robin From: D Longinidis [padz605@gmail.com] Sent: Tuesday, January 24, 2012 8:58 AM To: Anderson, Robin; Puckett, Carol Subject: Fwd: 45 Newton Street Hyannis Dear Robin and Carol, RE: Appeal#2012-003 Please include a copy of this letter in the folder for tomorrow's.hearing;this is#2 of 2 letters The police have been to this house two more times since the first letter. Thanks Patrick MacLellan ---------- Forwarded message ---------- From: Todd Elwell<elwelltkhotmail.com> - Date: Tue, Jan 17, 2012.at 6:18 PM Subject: 45 Newton Street Hyannis To: padz60522mail.com Patrick, I would like you to know I have withdrawn my application to rent rooms at 45 Newton Street. I will be renting the main home under Barnstable law to four,unrelated individuals. I am applying for a variance to continue to rent the cottage to one individual. My hope is that you would approve of this variance. I have contracted a landscape company to provide a computer generated landscape design that:would work for this home and neighborhood. I am also including the neighbors. Any neighbors recomendations for landscape design will be implemented when Coy's Brook Landscape does there layout: If there is anything else I can do to assure you this property will be cared for properly and free from problems, please, let me know and I will have your issues implemented and,abided by.. Regards, Todd Elwell 1/24/2012 Page 1 of 3 Anderson, Robin From: D Longinidis [padz605@gmail.com] Sent: Tuesday, January 24, 2012 8:56 AM To: Anderson, Robin; Puckett, Carol Subject: Fwd: 45 Newton Street Hi Robin and Carol, RE: Appeal #2012-003 Please include a copy of this letter in the folder for.tomorrow's hearing; this is#1 of .2 letters Thanks Patrick MacLellan ----------Forwarded message ---------- From- Todd Elwell<elwelltna,hotmail.com> Date: Sun, Jan 8, 2012 at 9:28 AM Subject:45 Newton Street` To: 1)adz605 g gmail.com Dear Mr. MacLellan, µo a. I want to write this letter to express how sorry I am to have upset your family. I had-no idea my ; tenants were causing trouble for the neighborhood. The last thing I would ever want is for anyone living in my house to be a disturbance to anyone in the neighborhood: I feel absolutely terrible about any disturbances that have taken'place. I would like to give you , my cell phone number: 774-836-0878. If there is ever another problem with anything at my houses please call me no matter what the hour is I live 3 miles from the house and I work,5. miles away. So I can be at the house within 10 minutes almost anytime. The only police presence I have been informed of was this past September. The police were called to the house because two of the tenants had an argument. One of the tenants, Peter, who works at the Cape Codder as a waiter, was complaining to Todd, who works for Whitten Landscaping as a landscaper. Todd wakes up very early for work and Peter works very late. Apparently Todd was making a lot of noise getting ready in the morning and Peter was having trouble sleeping in. Well,they had an argument that apparently escalated into screaming at each other. The women in the house heard the yelling and got nervous and called the.police. The next day I heard about this incident and sat down with both guys and due to the conflicting schedules we all agreed it would be best if Todd moved out. Peter has also lived in the house 1/24/2012 I Page 2 of 3 for the last three years and Todd had just moved in recently. I am sorry for this drawn out story but I wanted to show you these are regular people who live in the home. They work hard and for some reason or another they are in a position where they need an affordable place to live, which leads me to Ann. You mentioned Ann had tried to call me for over 5 years and she moved because of me. Ann was unlike anyone I have ever met in my life. I don't know how or why she had such a hatred for me. She apparently hated me before she even met me. When I first purchased 45 Newton Street the'health department deemed some aspects of the house i unfit for living. That included the removal of the large decks around the house,the removal of some lattice/trellis structures, and the removal of the bushes against the home. The bushes had completely covered the first floor windows and were starting to grow into the windows and siding. Also, mold was beginning to show all around the windows and siding. The decks-and trellis structures were all rotted.. When I completed the removal.of everything is when I first met Ann. She came over and without introducing herself began yelling I had ruined the home and that I was some big landlord who lives in a fancy house in Centerville and that I am renting to 20 people who are "druggies",'She went on for about 10 min. before I said'a word. When she finished I said you must have me confused with someone else because I live three miles away, in Hyannis, this is the only rental property I own, and'I rent to 6 people and none of them do drugs. At the end of the conversation l gave her my cell phone number and told her to call me any time she has a problem. In the end I believed she saw that l was.a. sincere and honest person. What l didn't expect happened next. She began to call and a lot of times it was because the trash barrels were out an extra day, or an animal got into the trash and it was on the lawn. One of the tenants had alight in his room that was'green. Things that needed to be addressed and I was happy to get them resolved. She had called every day and some of the issues were very minor (paper blowing through the yard) but I wanted to make.her happy. Then the calls increased to 5, 10, 15 calls per day on issues that to this day I don't understand. She would say; there are 30 people in the house come over and see. I would come by and no one would be home. This went on for months. What I didn't realize is the whole time she was calling me, she was also calling the police department, health department, and fire department, every single day telling them I am renting to over 30 people and they were selling drugs. I eventually stopped responding to her calls because theywere harassing' and.uncalledfor. I saved 50 or so messages from her, some are;one minute or less apart. I'm sure if you talked to Gary Famigliette, your neighbor on the otherside, he will give you a completely different perspective on my house than; Ann. He is just a hard working down to earth guy who has been very impressed with the improvements of the home over the years. don't want to make it sound Like 45 Newton has always been perfect. There was a'learning curve I went through with this house. But today I feel I have great people that live in the house. I am at the house daily to either, collect rent, mow the lawn, or make a repair. 1 always look for anything out of the ordinary. I always talk with my tenants and 1 haven't had any complaints from the tenants about other tenants and I have never received a call from the police about any disturbances. I post my name and both my cell and work phone numbers in big letters on-the refrigerator. I try to make every effort to run a clean quiet home. Ricky who lives in the cottage has been therefor the past six years. The people l purchased 45 Newton from turned that into a cottage in 1982. They told,me it was a legal apartment because it was grandfathered. I made the mistake of taking them for their word. I can assure you Ricky does not ever 1/24/2012 I Page 3 of 3 cause any problems. In the six years I have known him he has never done anything to cross the line with me or anyone of the neighbors. He is a great artist and,a very well mannered person. ,I am sorry for the long letter but I really wanted to let you know�a little about the people of the house and about me. I cannot express how sorry I am for any inconvenience any of my tenants have caused you or your family. If you ever have any other problems,please give me a call I promise I will take care of it. Sincerely, Todd Elwell N P 1/24/2012 1.. Local Action Units Application Page 1 LOCAL INITIATIVE PROGRAM APPLICATION FOR LOCAL ACTION UNITS Introduction The Local Initiative Program (LIP) is a state'housing initiative administered by the Department.of Housing and Community Development (DHC'D) to encourage communities to produce low-"and moderate-income housing. The program provides technical and,other non-financial assistance to cities or towns seeking to increase the supply of housing for households at or below 80%-of the area median income. LIP-approved units are entered into the subsidized housing inventory pursuant to Chapter 406. 5 . The Department shall certify units.,submitted as Local Action Units if they meet'the requirements of,760 CMR 56.00 and the Local Initiative Program Guidelines, which are part of the Comprehensive Permit - Guidelines and can be found on the DHCD website at www.-mass.gov/dhcd. To apply, a community must submit a complete copy of-this..application to: Department of Housing and Community Development 100 Cambridge Street, Suite 300 - - Boston, MA 02114, Attention:- . Toni Coyne Hall, Director of LIP,. (617) 573-13051 (toni.coyne.hall@state.ma.us) f ' Local Action Units.Application Page 2 Community Support Narrative, Project,Description, and Documentation Please provide a description of the project, including a summary of the project's.history and the ways in which the community fulfilled the Local Action requirement. i ' . - ' ... to - ' 1{ - • l � L Local Action Units Application Page 3 Signatures of Support for the Local Action Units Application Chief Executive Officer: Signature: -Print Name: F John C. Klimm Date: Chair, Local Housing Partnership:. Signature (as applicable) Print Name: Michael,Schulz Date: Municipal Contact Information Chief Executive Officer: Name John C. Klimm,Town Manager Address 367 Main Street Hyannis, MA 02601 Phone (508) 8624610 Email johd.klimm@town.barnstable.ma.us:`° Town Administrator/Manager: Name John C. Klimm, Town Manager Address 367 Main Street Hyannis;.MA 02601 Phone (508) 8624' 610, - Email John.klimm@town.barnstable.ma.us City/Town Planner(if any): Name ' Jo Anne Miller Buntich }. Address`. 367 Main Street. 4 Hyannis,;MA 02601 - Phone (508) 8624735 Email joann.buntich@town.barnstable.ma.us Town Counsel: Name Ruth Weil. Address 367 Main Street t Hyannis,MA 02601 a Phone (508) 8624615: c Email ruth:weil@town:barnstable.ma us . Chairman, Local Housing Name Partnership(if any). Address Cape Cod Arraignments and Dispositions -March 4, 2011 Page 1 of 3 capecodtod', cape cod: 24/7 Home I Blocs I Links I Weather I Calendar I Movies Lottery I Horoscope Cape Cod Court Reports FREE Daily reports from Falmouth,Barnstable and Orleans District Court Become a business sponsor of CapeCoffoday's Police/Fire News&Court Reports! for a 04. , free iil0tial consu6ta'ttcn jp, i � Cob � Cape C�d�&Southeast r>rt.MA Auto,A��cidents • motoi'c P; aT � � a x ,b> t "`"tea jR cent..Sh�3z Fa`�"reccW , o Cie Cod Arraignments and Dispositions - March 4, 2011 L 03/04/11 1:oo am::posted by Court Reports QUICK LINKS: BARNSTABLE DISTRICT COURT:: ORLEANS DISTRICT COURT BARNSTABLE DISTRICT COURT March 4, 2011 In court March 3,2011 ARRAIGNMENTS > BROWN,Michael C,48,address unknown,Hyannis;shoplifting by concealed merchandise.August 9 2olo in Yarmouth. Pretrial conference scheduled for Aprif 1: GOODE,John Patrick;43,71 Spruce St,W.Barnstable;assault&battery with a dangerous weapon,an automobile,March 2 in Barnstable. According to police reports,Goode tailgated a resident on Rte 132 in his green pickup,passed him on the right almost hitting the car,then jammed on his brakes in front of it. Both vehicles pulled over and an altercation ensued. A witness confirmed that Goode tried to run the victim over. When booked,Goode stated that the victim"must have connections"and that"(the police)are only doing his dirty work." Goode ` has fifteen entries on his Board of Probation,three assault&battery entries,three assault&battery with a dangerous weapon entries,and two d ir y c e JEFFERSON,_Ricky�LA New n St s;OU I lio;f-urth-offense,ne l'ento--eration-ofwmotorY q g g�vehcle;state highway micle violationrc'h 3-in Yarmouth._P.retr__ial cenference scheduled for April'7 .�1 JOHNSON, Lonnie M,45,793 Rte 28,S.Yarmouth;assault&battery March 2 in Yarmouth.. Pretrial conference scheduled for April u. r" DISPOSITIONS FULLER,Kyle M,30,439 Rte 6A,E.Sandwich;Class C drug possession,Ativan,November 30 2010 in Sandwich. Guilty plea. Guilty finding. Dismissed. http://www.capecodtoday.com/blogs/iiidex.php/2011/03/04/cape-cod-arraignments-and-d.... 11/17/2011 Cape Cod Arraignments and Dispositions -March 4, 2011 'Page 2 of 3 GRUENSTERN,Jeffrey S,46,4 Flowing Pond Cir,Osterville.;Class B drug possession with intent to distribute,IC hydromorphine,conspiracy to violate drug laws December 14 2010.in Barnstable. Class,B drug possession;admitted to sufficient facts. Continued without a finding until March 3,20121. Conspiracy to violate drug laws,dismissed. HAGERTY,Richard M, 28,432 Old Chatham,Dennis;improper use of credit card over$250,January 3 in Yarmouth. Guilty plea. Guilty finding. 59 days house of correction,committed. HAGERTY,Richard M, 28,432 Old Chatham,Dennis;two counts,forgery of check;two counts,uttering a false check;two counts,larceny over$250. Guilty pleas on al1counts. Guilty findings on all counts. 59 days house of correction,concurrent with HAGERTY,above. LAMPLEY,Todd N,31,68 Woodland Ave Apt#9D,Hyannis;assault&battery,February 7 in Barnstable. Dismissed. PRICE,Carl,43,64 Murray Way,Hyannis;violating an abuse,prevention order March 312010 in Barnstable. Admitted to sufficient facts. Continued without a finding until September 2 2011. SERVIDORI,Joseph,36,28 Cardinal Ln,Yarmouth;assault&battery,December 20 2010 in Yarmouth. Dismissed. ORLEANS DISTRICT COURT March 4,2011 In court March 3,2011 ARRAIGNMENTS ABNEY,Michael,48,67 Winslow Dr,Orleans;receiving stolen property,larceny under$250 in Harwich. Pretrial conference scheduled for March 17. Harwich police,conducting an unrelated narcotics surveillance,observed a gray Saturn driving through Harwichport streets with abicycle protruding,from the trunk. Police reports noted"the Town of Harwich,as well as surrounding towns;has experienced increased numbers of residential B&Es(breaking& enterings)over the past several months,the majority of which occurred during daytime hours...officers are also aware that many of those involved in recent breaks have been utilizing bicycles...to perpetrate these offenses." Officers saw Abney near Parson Path returning to his vehicle on a bicycle,but upon sight of the officers Abney made an abrupt turn and started to ride into Thompson's Field. Abney's vehicle was found to contain many sections of copper and aluminum piping. The sections"'took up the entire area of the rear seat,"many with water spigots still attached,consistent in appearance with sections of outdoor shower piping: BASSETT,Christie L,31,21 Boulder Rd,Brewster;.larceny of drug,amended to larceny over$250 July 13 2010 in # Orleans. Admitted to sufficient facts. Guilty finding. Probation until October 3. FIGUEROA,Raul,30,141 Percival Rd,E.Falmouth;two counts,larceny over$250,February 26 in Dennis. Jury trial scheduled for March 29. Figueroa is a suspect in the theft of an HP Pavilion DV7-3165DX laptop,an iPod Touch and an iPod: HARRINGTON,Warren L,40,500 Queen Anne Rd,Harwich;assault&battery,November 8 2009 in Harwich. Admitted to sufficient facts. Continued without a finding until August 18. HAYWARD,Bruce, 21,ioo6 Craigsville Beach Rd Apt#5,Centerville;Class B drug possession,Percoset, operating a motor vehicle with a suspended license,no sticker,regulation sticker missing March 3.in Dennis. Pretrial conference scheduled for March 17. A missing rear regulation plate decal on a blue Ford Explorer led a Dennis officer to run the plate through the'RMV computer. The vehicle was found to have failed inspection on January 31. http:Hwww.capecodtoday.com/blogs/index.php/2011/03/04/cape-cod-arraignments-and-d... 11/17/2011 x Cape Cod Arraignments and Dispositions -March 4, 2011 Page 3 of 3 The driver,Hayward,had a suspended license: A search of the vehicle turned up 8 round blue pills imprinted with M/30,in a plastic wrapper inside a pack of Newports. WELSH,Justin L, 26,90 Rosa Ln,P.O.Box 729,Marstons Mills;OUI liquor,negligent operation of a motor vehicle,marked lanes violation March 3 in Bourne. Pretrial conference scheduled for April 8: DISPOSITIONS DENNEY,Alysha J,22,23 Chestnut Cir,Brewster;Class A drug possession,morphine sulfate,July 21 2010 in I Eastham. Dismissed upon 20 hours community service. KELLEY,Brian J,39,13 Westover,Dennis Port;larceny under$250 January 27 in Harwich. Dismissed. MCCAFFERY,Jeffery R,22,65o Rte 6;S.Wellfleet;OUI liquor,August 26 2009 in Orleans. Admitted t6 sufficient facts. Not held but event resolved: O'NEILL,Timothy P,30,4 Gimlet Way,N. Eastham;OUI liquor,resisting arrest,open container of alcohol I, February 9 in Wellfleet. Continued without a finding until March 4,2013. Content blocked by your organization Want to take issue with the above post? Email us a Letter to the Editor by clicking here or Tweet us your comments here.Be sure to include your name and the town in which you live.If you are a"Whistleblower",or must remain anonymous because of social or business reasons,explain the reasons in your message,and it will be honored at the Editor's discretion.If we decide the reasons are not sufficient we will not print your letter.Click here for information on sending a Letter to the Editor. .Previous Post: <<Cape Cod Arraignments and Dispositions-March 7,2011 Next Post:Cape Cod Arraignments and Dispositions March 2011» . http://www.capecodtoday.com/blogs/index.php/2011/03/04/cape-cod-arraignments-and-d... 11/17/20,11 t Assessor's offioe Ost floor); Assessor's map and lot number .... ...................�.�(` �` ; Q and of Health (3rd floor):CC• /�- TO TOWN SEWS Sewage Permit number c1.. Wr:...e...... Engineering Department (3rd floor): o rasa House number o .6}9• APPLICATIONS PROCESSED 8:30-9:30 A.M, and 1:00-2:00 P.M. only TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT T TYPE OF CONSTRUCTION ......... ...... ... . ...... ` ............I9� TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .. `J........ ..... .. . ..... .. . .......o ............�..... .. . . . .. . .. ... .............................................................................. ProposedUse .. ... .... . . ... ............................................................ ........................................................ Zoning District ........................................................................Fire District .................. Name of Owner r i'!. .. Address .. ........................ ....... c ......�.... .. .............. f Nameof Builder ....................................................................Address ..........................�......................................J................ ; Nameof Architect ..................................................................Address .................................................................................... Numberof Rooms ..................................................................Foundation .............................................................................. Exlerior ....................................................................................Roofing .................................................................................... Floors ......................................................................................Interior Heating ..................................................................................Plumbing ..............�..................�................................... Fireplace ..................................................................................Approximate Cost .�.,,2....0...0.. ...... . ................................ Definitive Plan Approved by Planning Board _________________ Diagram of Lot and Building with Dimensions �G Fee ........... ....t........................... SUBJECT TO APPROVAL OF BOARD OF HEALTH OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .. <..��'Jy1...... ... :.. ....................... Construction .Supervisor's License vJ[�/................... SICILIANO, SAM JL No Permit for CONVERT GARAGE .................................... to FAMILY ROOM/SINGLE FAMILY DW. , .................................................................. Location ....45....Ne.w.to.n...S.t.re.e.t.................. .. . .... .. .... .. .. .. .... .. .. H-annis ........................�4..................................................... Owner '... m Siciliano .............................................................. Type of Construction ..Frame............................ .... .. .. ................................................................................ Plot ............................ Lot ................................ d e Al Permit Granted ..... pri ..................1..,. ............. ..19 87 Date of Inspection ............................... ....19 Date Completed ......................................19 • AIM rri M / Assessor's map" and lot number .....e2Q. yo% to1� " THE 3 Sewa e 'Permit number-�%a7� ' -.; .. ...� U •^M-ui �°�Q y 7 t /�• y 1i BAHB9TADLE, i House number" ......:....... ... .................?....:. ..... . ... 6 9 3 • A "TOWN ;OF BARNSTABLE,, ,.. , 4 Y � BUILDING INSPECTOR .� .APPLICATION FOR PERMIT TO .A('41-4, /..... .... �iF!�:.�-1......�..!�`............... ������,...:... TYPE OV CONSTRUCTION ....:. l �C ................................................ ......................................... r . ev .�.... .19..5� N_:e TO THE INSPECTOR OF BUILDINGS: ,The undersigned hereby opplies,for a permit according toithe following information:, Location .... ...... ... ........... . ... <C r.............................................................. Proposed Use .� / ?.( ..�!/,,... ���••t••a';1.W.�a` :....... .....v................................... .......... ....................... ,. I Zoning, District ..............,tea..... ............... .............:... :Eire District ..................... ...- ........ . Al 6 Name of Owner ,,. . !,!;Address ... .��....�<rr�r�!!.�?. Name of Builder ..............Address Name of Architect ....:..:"':.... .......Address rw Number of Rooms �...... x 7 � r2'?...................... Foundation .. _.���.r./», 1/ �� -t ....... � i r Exierior .... '✓ iliY1A!............. Roofing ..:.:......L (iaitJ��l/era,...:...................... �..... FloorsT;.................................................I'nterior ... ..........." � �J`�. ........... 1 -- - A° �t � i r Heating .. .. ....... ......................................................Plumbing ...... .... Fireplace ...�.... �!<t ......... ............ ... .................. .........Approximate. Cost ......... Zri .U... �.................. Definitive'Plan Approved by Planning Board ---------------------- ___-19_____--_. Area= ..... ✓ ! __.._. Diagram of Lot and Building with Dimensions Fee ... ty*......... SUBJECT TO APPROVAL -OF•`BOARD OF HEALTH j ^R , 7 OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to_conform to all the Rules and Regulations of the Town of Barnstable regarding, the above construction. - Name .4 /. ... l ., s,.!. ....................... # F Construction Supervisor's License . SICILIANO, S. & M. A=308-158 No, i024 Permit for Build Dormer ........`.�:.Sinc�le Family Dwelling _ Location ..45 Newton{Street ............................................... f .................HY.annis.............................................. Owner ..S..&.....M Si.ciliano Type of Construction ..F`ram............................ ..............:................................................................. Plot ............................ Lot ................................ September 26, 84 Permit Granted ........................................19 Date of Inspection ....................................19 f: Date Completed ......................................19 a � _ �� • .' Ln rruuLn I Postage $ rq Certified Fee ark Return Receipt Fee 2.3 O (Endorsement Required) Restricted Delivery Fee �p .(EndorsementRequirem •()0 O Total Postage&Fees $ d� rq Sent To / y `^Q/ �d d . weer,iiur No or PO Box No. ------------- 1 �! City,SYate,ZIP+4. Certified Mail Provides: a ■ A mailing receipt •..t o A unique identifier for your mailpiece © A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. m Certified Mail is not available forany.class of international mail. to NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. to For an additional fee,a Retum Receipt may be requested to provide proof of. delivery.To obtain Return Receipt,service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. © For an additional.fee,,delivery-may be restricted to the addressee or addressee's authoriied agent.Advise the clerk or mark the mailpiece with the endorsement TestdctedDelivety. o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000.9047 Town of Barnstable . Regulatory Services ptr Thomas F.Geiler,Director Building Division'. • BMWSTABM • Tom Perry,Building Commissioner MASS. v 1639. `m� 200 Main Street, Hyannis,MA 02601 Office: 508-862-403 8 Fax: 508-790-623 0 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Todd Elwell and any party, parties or tenants with property rights And all persons having notice of this order. As owner/occupant of the premises/structure located at 45 Newton Street, Hyannis, Ma ; Map 308 Parcel 158,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,August 15, 2011 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: Chapter 240 Section 11 RB Residential Zone Operating a rooming house or multi family home in a single family residential zone 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: Rental of rooms or individualized self- contained, self-reliant residential units And, if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days.of the receipt of this order(in accordance with Chapter 40A Section 15 of the r Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. r der, Robin C.Anderson Zoning Enforcement Officer Q/FORMS/viozonel . . -SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Signa Item 4 If Restricted Delivery Is desired. x Agent ■ Print your name and address on the reverse, .,, Add.-assee so that we Can return the card to you. .-« g, Received by(Printed Name) C. Date of Delivery ■ Attach this card to`tt a back of the mailpiece, or on the front if space permits. ti D. Is delivery address different from item I? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Service Type �y � ;�•Certifled Mail ❑Express Mail ❑Registered m Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery/1 Pft Fee) ❑Yes 2. Article Number (transfer from service labeq 7 011 0470 0001 4 5 2 5" 516 7 PS Form 3811.February 2004 Domestic Return Receipt 102595-02-M-1540 UP+ITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS I Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • TOWN OF BARMABL8 isW&DINO DIVISION I I I DATE: October 20, 2011 TO: Building File FROM: R. Anderson, Zoning Officer RE: 45 Newton Street, Hyannis Applicant: Todd Elwell This is appeal 2011-049 The applicant is seeking a special permit-conditional use for approval to rent to 6 lodgers in a multi-unit dwelling. The problem is this is a single family home and it is not owner occupied. There is no lodging license. The property owner failed to do his due diligence before the purchase and accepted at face value the illegal use. A review of the building file shows that the existing garage was converted into living space (entertainment/family room) with a building permit. That permit limited its use as such and later the habitable space morphed into an independent rental unit. The applicant's attorney recognized this evidence and thus the client agreed to eliminate this unit. A building permit is necessary to document this action and memorialize compliance. It should also be clarified that in order for an applicant to capitalize on any non- conformity,the use must have been legally created with permits and approvals in place. The subject dwelling was constructed as a single family home. In fact, the inspection noted there is one communal kitchen in the house. However,the property is used as a lodging house type rental whereby occupants are not related, nor necessarily have any relationship other than geographic and they secure their own space, belongings and,food from on another by locking mechanisms. It should also be noted that the applicant wrongly by passed the site plan review process and therefore has no standing before the Board. �.oc 5e� i [ BARNSTABLB. MAFA s67A Town of Barnstable ` Zoning Board.of Appeals Agenda } October 26, 2011 The following hearing will be held at Barnstable Town Hall, 367 Main Street, Hyannis, MA, Hearing Room, 2nd Floor. Meeting notice previously filed with Town Clerk Introduction of Board Members 7:00 PM Appeal No. 2011-008-Continued Stuborn Limited Partnership, Stuart Bornstein-General Partner Use Variance ( Stuborn Limited Partnership, Stuart Bornstein —General Partner, has applied.for a Variance to §240-23 Marine Business B District— Permitted.Uses. The applicant is requesting a variance to allow a single-family residential dwelling (detached) in the MB-B District. The applicant proposes to demolish and remove the majority of the existing structure and construct a new, six bedroom single-family residence with an attached garage and attached guest house on the Y property. The applicant is proposing to retain approximately 1000 square feet of the structure per order of the.Old King's Highway Regional Historic District Commission. The property is addressed as 153 freezer Road, Barnstable, MA as shown on Assessor's Map 301 as parcel 006. It is in a Marine Business B (MB=B) District. Opened May 25,2011,continued to July 13,2011,August 10,2011, September 14,•2011 and October 26,2011. Members assigned on May 25,2011: William Newton,Michael'Hersey,Craig Larson,George Zevitas,Laura Shufelt. Present: Brian Florence. Recused:Alex Rodolakis. Decision Due O ber M�_ 1 7:05 PM Appeal No. 2011-048-'w Integrative Medicine 8 Holistic Wellness Center, LLC Special Permit-Conditional Uses Integrative Medicine& Holistic Wellness Center, LLC, has petitioned for a Conditional Use Special Permit in accordance with Section 240-25 C(1)-Conditional Uses in the HB Business District. The Applicant is seeking a Special Permit for continuation of a chiropractic office, which is preexisting nonconforming, and to include traditional medical office uses on a limited basis. The property is addressed 677 West Main Street, Hyannis, MA as shown on Assessor's Map 248 as parcel 078. It is in the.Highway Business and Residence B Zoning Districts. EDeciTc sion : .January``24;=-201;2 7:10 PM Appeal No. 2011-049—New Elwell Special Permit Conditional Uses Todd C. Elwell has applied for a Special Permit in accordance with Section 240-11 C(1)—Conditional Uses in the RB District. The applicant seeks a Special Permit for renting of rooms to no more than six lodgers in one multiple_ unit dwelling. The property is addressed 45 Newton Street, Hyannis, MA as shown on Assessor's Map 308 as parcel 158. It is in a Residence B Zoning District. Decision Due:' nuary`24,,.2012 1 7:15 PM Appeal No. 2011-050 New, McCowan Cotuit Trust& Pelletier Realty Trust Variance— Bulk Regulations Pelletier Realty Trust and McCowan Cotuit Trust 1902 have petitioned for a Variance in accordance with Section 240-14(E)—Bulk Regulations, Minimum Frontage Requirement. The Petitioners propose to merge the two properties into a single lot, lawful for residential purposes, with a combined total of 122.36 feet of frontage. In connection with this proposal, variance relief from the 150 foot minimum frontage requirement of the RF District is requested. The properties are addressed as 1372 and 1376 Main Street, Cotuit, MA as shown on Assessor's Map 033 as parcels 024 &046. They are in a Residential F zoning district and a Resource Protection Overlay District. Decision_DueJanuary�,2012 Open Chair's Discussion Discussion of;ZBA_Proposed dates for'2012 Upcoming Meetings: November 9 December 14 r � 2 • Assessor's map and lot number Q. .- SIN 3 Sewage Permit number. .. .. F :;. �'.� -�G: -S eptlC SYSTEM UST BAWSTABLE, i 3 House number ...:.......... ............. ...... + �.a �3 C ? o rasa �.. r y k RTITLE 5 O 163Y• 9� AND TOWN OF BAR. aO � •�U:UILIN-G.: IHSPECTOR,, �'` APPLICATION eFOR 'PERMIT TO '� .. ! �; s '/1% rE !.✓.�.. ....; L�it�a! 1' A' c- TYPE OF CONSTRUCTION ... :... ... ..... .... ..... .................. TO THE INSPECTOR OF BUILDINGS: , The undersigned hereby applies fora permit according to the following..information: Location ... , r n ......•✓f *`! ... .�.�"< �Tl................ l � !Gli!i. ..... f ....... ................ .... ProposedUse ''� :y ""i""..... ............. ................... . ^ ............................. ..... + Zoning District .........: ......Fire District ..........: ..... ....... Name of OwnerC � ?Address ...\\J 9 !W?!.,�"� A Nameof Builder .................................................:..........:.......Address ..................................................................................... . ti Name of Architect Address k Number of Rooms .. .... Y?Y!'.......... :.Foundation, ... .:.. . y . .� . =l�.G�''"�j .... Exterior ....1 . . r .......'' / ' Roofing ...................... Floors ..... / sv `?? C�:.•...............................:...:.........Interior .. /.L... Heating ...t.r!. ................. ................................... ..... ...Plumbin'g ........ . .... .... .. ...�=. �`""` Fireplace ...l..... ...... ........1,.`/.�.�.�.�.`[/�/.'/�... . . , ..:.�....` ........:.....:....Approximate. Cost .:..........� .,, ....... ............... k , Definitive Plan Approved by Planning Board ___ _____________________ ------19--------. Area �'......5/...�. •.: ..... ._ .. � •.. Diagram of Lot and Building with' Dimensions ..Fee ...... .. 0 SUBJECT TO APPROVAL. OF E BOARD OF HEALTH } OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of,the.Town of Barnstable regarding the above p construction. }' . . .Name .... 5 . Construction Supervisor's License SICILIANO, S. & M. ild Dormer " No .... ermtor ..........I.......... S ..........iAgle,.'FaTd.lv..Dwelling...................... ..... ........ ... ............... .. LoLatio' 45 Newton Street n ................................................................ All .................Hyannis.............................................. 7 Owner..... S. :&......M - sicillano ....... ...... ....................................... • Type' 'of Construction -uTe ...Fre.............. ............ ...... 4: ............ .................................. ... ........................... Plot ........................ Lot ....................... ......... '26, 84 Tten-ber :�1 P mit"Granted ..S.. ...............................:,19 p, Date-ofAnspqction ....................................1,9 68te Completed L-t.......... :.19 BT Ile 4G, s. 4 17 Assessor's offioe (1st/!floor): ` ?NE t0 Assessor's map and lot number ...... .� ...... .:�° b,'foard of Health (3rd floor):�^- Sewage' Permit number �rtv��./Pr.!•.... ,''.` . .. ;�"��'� >; eanasrsni,s:2 Engineering Department (3rd floor): oo �b& 0� House number .....................:................................................. : APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only .f TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TOn./.F�..l!�F.-..f../../........ ..� TYPE OF CONSTRUCTION .........��VOP..... .. .. ..bn-E...................................................................... i .................... ............19 .. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ...-!..`. ................... ........ . ....... ....................�........ ... . .. .... .................................................................................. Proposed Use .. ...����. ..................................................................................................................... ..... ..... ... .............................Fire District Zoning District .......................................... // .. .. .. . .... . D f/ S Name of Owner ,.. . ..C ...... �C.� .............Address / ! Nameof Builder ....................................... ............................Address ......................... ......................................................... Nameof Architect ..................................................................Address ............................................. ..................................... Numberof�Rooms ..................................................................Foundation .............................................................................. Exlerior ....................................................................................Roofing -kv 7 Floors Interior .:,!. Heating ..................................................................................Plumbing ��G..... Fireplace ..................................................................................Approximate Cost ....... .................. ... .... ... ............. ... .. Definitive Plan Approved by Planning Board ________________________________19________ . Are ....... .... Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH 1 OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name . .............. Construction Supervisor's License .................................... SICILIANO, SAM A=3/GA 30593 CONVEGE No ................. Permit for ................ . To Family Room/ Singly Dw. V ................... Location 45 Newtot ............... ......................HXannis Owner Sam Siciliano .................................................................. Type of Construction Frame ............................................................................... Plot ............................ Lot ................................ Permit Granted .... Arpil 1 , 19 87 Date of Inspection ....................................19 Date Completed ......................................19 abxr8' .� I FOR e ATE g TIME P.M. M cul OF � —�oU 1 PHONED S clJ 90 —O S RETURNED„' PHONE YOUR CALL AREA CODE NUMBER EXTENSION PLEASE CALL: MESSAGE _ WILL CALL AGAIN CAME 7,01. SEE YOU..,,: WANTS TO SEE YOU ' SIGNED �nive rsal 48003 NOTES y i o J 4/MaPORANT MESSA For A.M. Day �`� Time _ P.M. s / M Of Phone 0 V& FAX Area Code Nu er ension MOBILE' Area Code Number ension Telephoned Returned your call RUSH Came to see you Please call Special attention Wants to see you Will c II ain Caller on hold Message gSi,gned a '48023 lZie.S //.�/. "%r' /IL(l �LI„HO IN U.S.A. Certified Mail: 7003 1680 0004 5458 2278 �FTME T Town of Barnstable Department of Health,Safety and Environmental Services 9"ARNSTABM MASS. Public Health Division .s6;q39 ♦0 �Fc 200 Main St.Hyannis,MA 02601 Office: 508-862-4644 Thomas A.McKean,RS,CHO FAX: 508-790-6304 Director of Public Health July 29, 2005 Todd C. Elwell 141 Elliott Road Centerville, MA 02632 EMERGENCY CONDEMNATION AND ORDER TO VACATE Finding of Unfitness for Human Habitation and Determination of Immediate Danger The property owned by you located at 45 Newton Street, Unit in the attic,Hyannis, and occupied by Douglas Durgin was inspected on July 28, 2005 by David W. Stanton, RS, Health Inspector for the Town of Barnstable, after a complaint was received. Based on the results of that inspection,the Town of Barnstable Health Department finds that the dwelling is unfit for human habitation. Pursuant to M.G.L c. 127B and 105 CMR 410.831 (D),the Health Department further finds that the conditions within the dwelling are such that the danger to the life or health of the occupants of the subject dwelling unit is so immediate that no delay may be permitted in making this finding. The following violations of 105 CMR 410.00, State Sanitary Code II: Minimum Standards of Fitness for Human Habitation were observed: 105 CMR 410.750: Conditions Deemed to Endanger or Impair Health or Safety (G) 'Failure to provide adequate exits, or the obstruction of any exit,passageway or common area caused by any object, including garbage or trash,which prevents egress in case of an emergency 105 CMR 410.450,410.451 and 410.452." There is not enough adequate means of egress from this rental unit pursuant to 105 CMR 410.450. Based upon these findings any and all occupants are hereby ordered to vacate. You or your agents are allowed to enter the dwelling to conduct the necessary repairs to make the dwelling habitable again. You are not allowed to re-occupy the dwelling for living purposes until after you contact the Health Department for a final inspection that deems Q:\order letters\Condemnations\45 Newton Street.doc the dwelling habitable again. Should anyone occupy the dwelling for living purposes prior to a final inspection giving you permission by the Health Department to re-occupy the dwelling for living purposes, you, or they, may be forcibly removed by the local Board of Health(M.G.L. c. 127B), or by local police authorities at request of the Board of Health. Furthermore, anyone who fails to comply with any order of the Board of Health may be subject to fines of not more than$500. Each day's failure to comply with an order shall constitute a separate violation. Prior to calling for a final inspection by the Health Department to re-occupy the dwelling for living,please have the following violations corrected of 105 CMR 410.00 STATE SANITARY CODE II: MINIMUM STANDARDS FOR FITNESS FOR HUMAN HABITATION. You must acquire all necessary building permits prior to notifying the Health Department for a re-occupancy inspection. 410.450: Means of Egress: Provide adequate means of egress in conformance with the Massachusetts State Building Code. 410.500: Owner's Responsibility to Maintain Structural Elements: Repair the cause of the water leak in the ceiling next to the chimney. 410.401: Ceiling Height: Must provide a minimum ceiling height of at least seven feet. Note: This is an important legal document. It may affect your rights. Thomas A. McKean Director of Public Health CC : Hyannis Fire Department TOB Building Department; Douglas Durgin, Tenant QAorder letters\Condemnations\45 Newton Street.doc IMPORTANT MESSAGE For A.M. Day Time l aJ P.M. Of Phone ' 1 �Qr� FAX Area Code Number Extension MOBILE Area Code Number Extension Telephoned Returned your call RUSH Came to see you Please call .Special attention Wants to see you Will call again Caller on hold Message B :v Signed universaf48023 LITHO IN U.S.A. .. �_ -� I I - I } 1. ,.. � ' Town of Barnstable °FVEr, Regulatory Services Thomas P.Geller,Director -- Building Division ' a639• �� ..Tnm Pem.,Auilding Commissioner . 20.O..Main S#tt,.Hyannis,MA 02601 . )ffice 508 862-4038 - Fax: 508-790-6230 _...... AI UIMUIRY•R.EP ORT rr y: -.Date. ._.. . Complamt Name: Map/Parcel - Location .Address: Originator Name: - � �' U�-+ �� ' � . Y�Cq� D Street: (ig Lf ' 9 � ✓l�j Z . I Village: Ls -State:',1\1 14 S..- Zip: <Z�g Telephoner � Complaint Description: ��� � PA _ o v� FOR OFFICE USE ONLY Inspector's Action/Comments. Date.. Inspector: •a t T—.r- A+4t Mattos, David From: McKean, Thomas Sent: Friday, March 18, 2005 3:35 PM To: Geiler, Tom Cc: Mattos, David Subject: 45 Newton Street/STATUS Yesterday, during my inspection, there were several vehicles parked on the front lawn as reported by the complainant. There was no heat and no hot water in the main building. In addition, many rotted boards within the deck at the rear of the main building. There are six bedrooms and six occupants in the main house. The cottage (#45A)consists of one bedroom and two people reside there. The smoke detectors were operational. The rubbish barrels were empty(no trash observed). STATUS Today, I called the owner Todd Elwell to obtain updated information regarding the stsus of the heat/hot water violations. He informed me that the problem with the steam heating/hot water system was rectified by a Point Oil technician at 5:30 p.m. last night. There wasn't enough water in the heating system-this must be checked periodically. Also, the owner had a meeting with all of the occupants and ordered them not to park on the front lawn in the future. He also posted a notice adjacent to the front door. The rear deck will be replaced next week.A new roof will be installed this Spring. A blue-stone driveway will be constructed,with railroad ties bordering it, next week. Later, the front lawn will be landscaped and a sprinkler system will be installed. Conclusion: At this time, there are no health violations at this site. OWNER INFORMATION: Todd Elwell Phone#: 508 778-2625 WORK ADDRESS: Fabric Loft, 12 Thornton Drive, Hyannis, MA 02601 [He lives with his parents on Elliot Road, Centerville] Mattos, David From: Geiler, Tom Sent: Tuesday, March 15, 2005 4:00 PM To: McKean, Thomas; Mattos, David Cc: Perry, Tom Subject: 45 Newton Street Please get together and take a look at 45 Newton Street Hyannis. The complaint is there are 8-12 people living in the house. They park cars all over the street and all over the yard. The yard has markers for parking identified a-g. The property has changed hands recently and the owner is allegedly living in the house and renting (?) ;see if you can make contact with the owner and find out what is going on. Let me know how you make out and I will get back to the complainant. ;Thanks 4 1 Barnstable Assessing Search Results Pagel of 2 p 3 � Home: Departments:Assessors Division: Property Assessment Search Results 141 ELLIOTT ROAD . Owner: ELWELL, RICHARD C&BRENDA D Property Sketch Legend Map/Parcel/Parcel Extension 248 /310/ Mailing Address v ELWELL, RICHARD C&BRENDA D -- - r 141 ELLIOTT RD CENTERVILLE, MA.02632 i 2005 Assessed Values: Appraised Value Assessed Value Building Value: $236,800 $236,800 - Extra Features: $2,700 $2,700 Outbuildings: $700 $700+ Land Value: $ 167,900 $ 167,900 Interactive Property Map: ap requires Plug in: Totals:$408,100 $408,100 1 have visited the maps before ' Show Me The Map �ro Apr#2001 photos available Sales History: Owner: Sale Date •Book/Page: Sale Price: ELWELL, RICHARD C 1/15/1990 7030/258 $200,000 LATIMER, E L, MD PC U15/1990 7030/256 . $ 1 LATIMER, E L, MD PC 3/15/1987 5625/282 $ 1 LATIMER, EDGAR L& 12/15/1986 5441/120 $200,000 DAIGLE, PETER M TRS 10/15/1985 ,4774/237 $78,000 DAIGLE, PETER M TRS 12/15/1984 4366/183 $0 ELWELL, RICHARD C&BRENDA D 3/31/1999' 12165/350 $ 1 ELWELL, RICHARD C 6/15/1993 8634/012 $ 1 ELWELL, RICHARD C TRS 1/15/1,991 7402/106. $ 1 2005 REAL ESTATE Tax Information, Tax Rates: (per$1,000 of valuation) Land Bank Tax $74.07 Town Fire District Rates Other I $6.05 Barnstable-Residential $2.12 Land B. Barnstable Commercial $2.80, C.O.M.M. FD Tax•(Residential) $412.18 C.O.M.M.-All Classes - $1.01 http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeS ervices/Finance/Assessing... 3/17/2005 Barnstable Assessing Search Results Page 2 of 2 Cotuit FD-All Classes $1.28 Town Tax(Residential) $2,469.01 Hyannis-Residential $1.52 Hyannis-Commercial $2.39 W Barnstable-Residential $1.44 W Barnstable-Commercial $2.10 Total: $2,955.26 Due to rounding differences these values may vary Land and Building Information Land Building Lot Size(Acres) 0.51 Year Built 1985 Appraised Value $ 167,900 Living Area 2291 Assessed Value $ 167,900 Replacement Cost$263,163 Depreciation 10 Building Value 236,800 Construction Details Style Cape Cod Interior Floors CarpetHardwood Model Residential Interior Walls Drywall Grade Custom Minus Heat Fuel Oil Stories 1 1/2 Stories Heat Type Hot Water Exterior Walls Wood ShingleClapboard AC Type None Roof Structure Gable/Hip Bedrooms 4 Bedrooms Roof Cover Asph/F GIs/Cmp Bathrooms 2 1/2 Bathrms Total Rooms 7 Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL2 Fireplace 1 $2,700 $2,700 SHED Shed 96 - ;'$700 $700 Property Sketch Legend t - BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area. WDK Wood Deck , FOP Open or Screened in Porch 'TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/tob02/Depts/Administrati VeServices/Finance/Assessing.:. 3/17/2005 Barnstable Assessing Search Results Page 1 of 2 1 D; 'N�� , Home: Departments:Assessors Division: Property Assessment Search Results 45 NEWTON ST[2EET Owner: / d Ij Al S 1j VV/Z7,0< SICILIANO, SALVATORE&MARY Property sketch Legend This property contains multiple Please use the navigation below the sketch to brc Map/Parcel/Parcel Extension � fry 0 I'C/ 308 /158/ Mailing Address 3 GTT O SICILIANO, SALVATORE&MARY f C- Vi "Z,- '0117A 3a P O BOX 2001 HYANNIS, MA.02601 2005 Assessed Values: - Appraised Value Assessed Value Building Value: $ 195,000 $ 195,000 Additional Sketches 1 2 Extra Features: $2,300 $2,300 Click Here for print version that displays all sk( Outbuildings: $0 $0 Land Value: $ 130,600 $130,600 Interactive Property Map: ap requires Plug in: Totals:$327,900 $327,900 1 have'visited the maps before ' Show Me The Map 3,.. April 2001 photos available Sales History: Owner: Sale Date Book/Page: Sale Price: SICILIANO,SALVATORE&MARY 7/15/1984 C97346 $90,000 , ZIEMAN, LETTY J TR 9/15/1983, C93385 $80,000- KASKIE, ROBERT ET UX ;9/15/1982 2005 REAL ESTATE Taz Information:, Tax Rates: (per$1,000 of valuation), Land Bank Tax .$59.51 Town Fire District Rates Other I $6.05 r Barnstable-Residential $2.12 Land B. Barnstable-Commercial. $2.80 , Hyannis F.D Tax(Residential), - $498.41 C.O.M.M.-All Classes $1.01 http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing.:. 3/17/2005 Barnstable Assessing Search Results Page 2 of 2 .j • Cotuit FD-All Classes $1.28 Town Tax(Residential) $1,983.80 Hyannis-Residential $1.52 Hyannis-Commercial $2.39 `W Barnstable-Residential $1.44 W Barnstable-Commercial $2.10 Total: $2,541.72 Due to rounding differences these values may vary Land and Building Information Land Building Lot Size(Acres) 0.27 Year Built 1931 Appraised Value $ 130,600 Living Area 2154 Assessed Value $ 130,600 Replacement Cost$ 193,766 Depreciation 25 Building Value 195,000 Construction Details Style Colonial Interior Floors Hardwood Model Residential Interior Walls Plastered Grade Average Heat Fuel Gas Stories 2 Stories Heat Type Hot Water Exterior Walls Aluminum Siding AC Type None , Roof Structure Gambrel Bedrooms 4 Bedrooms Roof Cover Asph/F GIs/Cmp Bathrooms 1 1/2 Bathrms Total Rooms 8 Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL2 Fireplace 1 $2,300 $2,300• Property Sketch Legend BAS First Floor, Living Area FST- Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO' Patio UUS Full Upper 2nd Story(Unfinished) . FHS Half Story(Finished) SFB ,Semi Finished Living Area WDK Wood Deck FOP Open or Screened in.Porch - TQS, Three Quarters Story(Finished) • .i hnP://www.town.bamstable.ma.us/tob02/De is/AdministrativeServices/Finance/Assessing... 3/17/2005 P Towns of Barnstable NP..o� '0 .os Regulatory Services S . I Thomas F.Geiler,Director �a MASS. Building Division a Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038. Fax: 508-790-6230 COMPLAINT/INQUIRY REPORT Date: 1 d ► '7 O Rec'd by: Complaint Name: ,,, Map/Parcel CSC 1 Location Address: `, Originator Name: l n n r�2r n-e CD. 141Or,` -ANl Street: Village:--f&1,Acl c,fikA State: 614 Zip: Telephone: Sol?- S to - OYWI f Complaint Description: . a4 S'fii�ad2� �-D,�oorn FOR OFFICE USE ONLY Inspector's Action/Comments Date:_10/ I Ca-, Inspector: �, � ,�C)�C P . br.�,, �.,,rQ9ry �*,,, QC C��� .+ P.,j 5/�a �) l�ec v.y , Additional Info.Attached Q:forms:complaint I IMPORTANT MESSA` � Y T n Phdh Mx Area Code v t _ a S N u4 rU MOBILE' Number ensior LL -Area Code _ -z. c:_ Telgphometli Ret4umetl your call', RUSF� J J? Came to'see;you Please-call4 Speaal attention .. r� r Wants to seeyou r W Ih III `ain Caller onrhold -� n s+>.����� x.x! e-�+,r.waen.^r'_14[i�f��",-c.�,.•�' F�C• ::tt._ IN - Signed- ulliV@f501 48023, U � _ J LITHO IN U S A' V— Dom! 1 ir 079 s 226 -12-18-2007 10:27 BARNSTABLE LAND COURT REGISTRY" .fII1�, IIIII Record and Return To: y Fisery Lending Solutions P.O. BOX 2590 Elwell,Todd C Chicago, IL 60690 Ian Iid:er: 6ffn8ME26399 Property Address 9 5 NEWTON�STo, .HYANNIS, MASSACHUSETTS 0260;1 [Space Above This Line For Recording Data] OPEN-END MORTGAGE DEFINITIONS (A) "Security Instrument"means this document,which is dated NOVEMBER 8, -2 0 0 7 ,together with all Riders to this document (B) "Borrower"is .TODD C ELWELI the party or parties who have signed this Security.Instrument.,, Borrower is the Mortgagor under this Security Instrument. r (C) "Lender"is Bank of America, NA Lenderisa National Banking..Association organized and existing under the laws of THE UNITED STATES OF AMERI CA Lender's address is 100 North Tryon Street, Charlotte, North Carolina 28255 Lender is the Mortgagee under this Security Instrument. (D) "Agreement"means the Home Equity Line of Credit Agreement signed*the Borrowers. (E) "Account"means the Home Equity Line of Credit Account pursuant to which the Lender makes Advances to the Borrower at the Borrower's direction, allowing the Borrower to repay those Advances and take additional Advances,subject to the terms of the Agreement. (F) "Credit Limit", means the maximum aggregate amount of principal that may be secured by this Security Instrument at any one time. The Credit Limit is '$3 5, 0 0 0.0 0 Except to the extent prohibited by Applicable Law, the Credit Limit does not apply to interest, Finance Charges, and other fees and charges validly incurred by Borrower under the Agreement and this Security Instrument. The Credit Limit also does not apply to other advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument (G) "Account Balance"is the total unpaid principal of.the Account, plus earned but unpaid Finance Charges, outstanding fees,charges,and costs. (H) "Maturity Date"is the date on which the entire Account Balance under the Agreement is due. The entire Account Balance on your Account, as defined•in the-Agreement and this Security Instrument, is due on NOVEMBER 8, 2032 TODD C ELWELL/993072961417080 MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE DOCAVIC eTW t eoo-a+arsn MAHESI.BOA 10/06l06 Page i of 13 www.docmaglc,com - I m "Property"means the Property that is described below under the heading"Transfer of Rights in the Property." (J) "Secured Debt"means: (1) All amounts due under your Account, including principal, interest, Finance Charges, and other fees, charges,and costs incurred under the terms of this Security Instrument and all extensions,modifications, substitutions or renewals thereof. (2) Any advances made and expenses incurred by Lender under the terms of this Security Instrument. (IC) "Riders"means all Riders to this Security Instrument that are executed by Borrower..The following Riders are to be executed by Borrower[check box as applicable]: ❑ 1-4 Family [] Condominium Rider ❑ Escrow Rider ❑ Second Home 0 Planned Unit Development Rider Mortgage Insurance Rider ❑ Other(s) (L) "ApplicableLaw"means all controlling applicable federal,state and local statutes,regulations,ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (M) "Community Association Dues,Fees,and Assessments"means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by.a condominium association, homeowners association or similar organization. (N) "Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check,drift, or similar paper instrument,which is initiated through an electronic terminal,telephonic instrument,computer,or magnetic tape so as to order, instruct,or authorize a financial institution to debit or credit an account. Such term includes,but is not limited to, point-of--sale transfers, automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (0) "Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for: (i)damage to, or destruction of, the Property; (ii)condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or omissions as to, the value and/or condition of the Property. (P) "Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Agreement and/or this Security Instrument. (Q) "Approved Prior Loan"means alien which is and which lender acknowledges and agrees will continue to have priority over the lien created by this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security.Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and(ii)the performance of Borrower's covenants and agreements under this Security Instrumentand the Note. For this purpose,Borrower does hereby mortgage,grant and convey to LenderandLender's successors and assigns,with power of sale,the following described_ property located in the COUNTY of BARNSTABLE [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE DocMagle eVmvWW e00-649-1362 MAHESI.BOA 10/06M Pape 2 of 13 www.dbcnmgk.com _ 1. 1 • Being the same property conveyed and described in a Deed recorded among the land records of the County set forth above: Deed recorded in BOOK PAGE- which currently has the address of 45 NEWTON ST . [saeetl HYANNIS MASSACHUSETTS 02601 ("Property Address"): [city] lswe) [Zip code] TOGETHER WITH all the improvements.now or hereafter erected on the property, and all easements, appurtenances,and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record ADVANCES. During the Draw Period described in the Agreement,the Borrower may repeatedly take and repay any advances that Lender makes to Borrower under the terms of the Agreement and this Security Instrument, subject to the terms that the Agreement and this Security Instrument impose. The Agreement and this Security Instrument will remain in full force and effect notwithstanding that the Account Balance under the Agreement may occasionally be reduced to an amount of equal to or less than zero.' Any amounts that Lender advances to Borrower in excess of the Credit Limit will be secured by the terms of this Security Instrument unless applicable law prohibits the same. Lender shall not be obligated to increase the Credit. Limit formally or to make additional Advances in excess of the Credit Limit stated in the Agreement even though the Credit Limit has been exceeded one or more times. The Draw Period may or may not be followed by a Repayment Period, as described in the Agreement,during which additional Advances are not available. During both the Draw Period and the Repayment Period the Lender may, at its option, make Advances from the Account to pay fees, charges,or credit insurance premiums dud under the Agreement or this Security Instrument,or make other Advances as allowed by this Security Instrument.' THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with ' limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Secured Debt. Borrower shall pay when due all Secured Debt in accordance with the Agreement and this Security Instrument. All payments shall be made in U.S.currency. However,if any check or , other instnumentreceived by Lender as payment under the Agreement or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Agreement or Security Instrument be by a method of Lender's choosing. These methods include,but are not limited to: (a)cash; (b)money order; (c) certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Billing Statement or at such other location as may be designated by Lender in accordance with the notice provisions provided in. Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring TODD C ELWSLL/995072961417080 MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE DOCUWc1IV=oaD$a70.649-1962 MAHESI.BOA 10/06/06 Page 3 of 13 www.docmagic.com r the Account current. Lender may accept any payment or partial payment insufficient to bring the Account current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Agreement and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. All payments accepted by Lender shall be applied to the Secured Debt under this Security Instrument as provided in the Agreement unless Applicable Law provides otherwise. Any application of payments,insurance proceeds, or Miscellaneous Proceeds to principal due under the Agreement shall not extend or postpone the due date,or change the amount,of the Minimum Payment. 3. Funds for Escrow Items. Borrower shall not be required to pay into escrow amounts due for taxes, assessments,leasehold payments,or other insurance premiums unless otherwise agreed in a separate writing. 4. Charges;Liens;Prior Security Interests. Borrower shall pay all-taxes,assessments,charges,fines,and impositions attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments, if any. To the extent that these items are Escrow Items,Borrower shall pay them in a manner provided in Section 3. Borrower shall promptly discharge any lien,other than the Approved Prior Loan, which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement;(b)contests the lien in good faith by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or (c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,other than the Approved Prior Loan,Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the .actions set forth in this Section. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with the Agreement. Borrower shall pay when due,or shall cause to be paid when due, all sums required under the loan documents evidencing the Approved Prior Loan and shall perform or cause to be performed all of the covenants and agreements of Borrower or the obligor set forth in such loan documents.All of Lender's rights under this Covenant shall be subject to the rights of the Holder of the Approved Prior Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended average," and,any other hazards including,but not limited to,earthquakes and floods,for which Lender requires insurance. This insurance shall be maintained in the amounts(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Agreement. The insurance carrier providing the insurance shallbe chosenby Borrower subject to Lender's right to disapprove Borrower's choice,which right shall not be exercised unreasonably. Lender may require Borrower to pay,in connection with this Loan,either: (a)a one-time charge for flood zone determination,certification and tracking services;or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification, Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage,at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed TODD C ELWZLL/995072961417080 MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE DOCM29/cam OW-UP-1302 MAHESLBOA 10/06/06 Page 4 of 13 www.docnwgk.com by Lender under this Section shall become additional Secured Debt of Borrower and secured by this Security Instrument. These amounts shall be subject to the terms of the Agreement and the Security Instrument. - All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies,shall include a standard mortgagee clause,and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,for damage to, or destruction of,the Property,such policy shall include a standard mortgagee clause and shall name Lender as mortgagee and/or as an additional loss payee and Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Agreement up to the amount of the outstanding Agreement Account Balance. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters,or other third parties, ri tained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the Secured Debt secured by this Security Instrument,whether or not then due,with the excess,-, if any,paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event,.or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Agreement or this Security Instrument,and(b)any other of Borrower's rights(other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Agreement or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence a within 60 days after the execution of the Agreement and Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees` in writing,which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation,Maintenance and Protection of the Property;Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property'to deteriorate or commit waste on the Property. Whether or not Borrower resides on the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition.-Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to,or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.. TODD C BLA&LL/995072961417000 MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE DOCAWe 4%t0 wa 600-e49-1362 MAHESLBOA 10/06/06 Pape 5 of 13 www.docmagk.com Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Home Equity Line of Credit Application Process;Default. Borrower shall be in default if,during the Account application process,or at any time during the term of the Agreement,Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading,or inaccurate information or statements to Lender(or failed to provide Lender with material information) in connection with the Account. Material representations include,but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. Borrower is also in default if: 1) Borrower engages in fraud or makes a material misrepresentation at any time in connection with Borrower's Account; 2) Lender does not receive the full amount of any Minimum Payment due or Borrower fails to meet any of the other repayment terms of the Agreement; 3) Borrower's action or inaction adversely affects the Property or Lender's rights in it. Examples of these actions or inactions include,but are not limited to: a)Borrowees's death,if Borrower is the sole person on the Account-,or the death of all but one borrower which adversely affects Lender's security; b) Illegal use of the Property, if such use subjects the Property to seizure; c) Transfer of all or part of the Borrower's interest in the Property without Lender's written consent; d) All or part of the Property is taken by condemnation or eminent domain; e) Foreclosure of any senior lien on the Property; f) Failure to maintain required insurance on the Property; g) Waste or destructive use of the Property which adversely affects Lender's security; h) Failure to pay taxes or assessments on the Property; i) Permitting the creation of a senior lien on the Property other than an Approved Prior Loan; j) Filing of a judgment against Borrower, if the amount of the judgment and collateral subject to the judgment is such that Lender's security is adversely affected. Lender may,at its option,take lesser actions than those described at the beginning of this Section. Such lesser actions may include, without limitation, suspending Borrower's Account and not allowing Borrower to obtain any further Advances, reducing Borrower's Credit Limit,and/or changing the payment terms on Borrower's Account. If Lender takes any such actions;this shall not constitute an election of remedies or a waiver of Lender's right to exercise any rights or remedies under the remainder of this Section,the remaining provisions of the Agreement,the Security Instrument,or at law or inequity. Lender may take action under this Section only.after complying with any notice or cure provisions required under Applicable Law. In the event Lender elects not to terminate the Account or take any lesser action as provided in this Section,Lender does not forfeit or waive its right to do so at a later time if any of the circumstances described above exists at that time. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument,.(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy,probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or(c)Borrower has abandoned the Property,then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include,but are not limited to: (a)paying any Secured Debt secured by a lien which has priority over this Security Instrument;(b)appearing in court;and(c)paying reasonable attorneys'fees.to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a bankruptcy proceeding. Lender may without notice,perform or cause to be performed any covenant of Borrower in this Security Instrument,and Borrower appoints Lender as attorney in fact to sign Borrower's name. Securing the Property includes,but is not limited to, entering the Property to make repairs,change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other.code violations or dangerous conditions,and have utilities turned on or off. Although Lender may take this action,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section. Any amounts disbursed by Lender under this Section shall become additional Secured Debt of Borrower secured by this Security Instrument,payable according to the terms of the Agreement and this Security Instrument. These TODD C ELWELL/995072961417000 MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE DOCMa91C tVWVM 600-e49-1362 MAHESLBOA 10/06/06_ Page 6 of 13 Www.doomsg1Qcom R amounts shall bear interest at the Agreement rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground]ease. Borrower shall not,without the express written consent of Lender,alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. - . , Io ' ' 10. Mortgage Insurance. Borrower is not required to obtain Mortgage Insurance unless otherwise agreed in writing. 11. Assignment of Miscellaneous Proceeds;Forfeiture. All tMiscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertakenpromptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the Secured Debt secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in the Agreement and this Security Instrument: In the event of a total taking,destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the Secured Debt secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of t the Property immediately before the partial taking;destruction,or loss in value is equal to or greater than the amount of the Secured Debt secured by this Security Instrument immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the Secured Debt secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a)the total amount of the Secured Debt immediately before the partial taking,destruction,or loss in value divided by(b)the fair market value of the Property immediately before the partial taking,'destruction,or loss in value.- Any balance shall . be paid to Borrower.. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the Secured Debt immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the Secured Debt secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages,and Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the Secured Debt secured by this Security Instrument, whether or not then due. "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19, by-,causing the action or proceeding to be dismissed with a ruling that, in Lenders . judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or . TODD'C ELNELL/995072961417080 _ MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE - DocMagic OFWVM e0asa9-13e2 MAHESI.BOA 10/06/06 Page 7 of 13 www.doemapic.com rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be otherwise applied in the order provided for in Section 2. 12. Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the Secured Debt secured by this Security Instrument granted by Lender to Borrower or any Successors in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation,Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability;Co-signers;Successors and Assigns Bound. Borrower covenants andagrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Agreement(a"co-signer"): (a)is co-signing this Security Instrument only to mortgage,grant and convey the co-signer's interest in the Properly under the terms of this Security Instrument;(b) is not personally obligated to pay the Secured Debt secured by this Security Instrument;and(c)agrees that Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Agreement without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights andbenefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender. 14. Agreement/Account Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default,for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,but not limited to,attorneys'fees,property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Account is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other Account charges collected or to be collected in connection with the Account exceed the permitted limits, then: (a)any such Account charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Agreement or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Agreement): Borrower's acceptance of any such refund madeby direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailedby first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If.Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security.Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's TODD C BLWELL/995072961417080 MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE DOCUaglc eVW=W0440-1362. MAHESI.BOA 10/06/06 Page 8 of 13 www.docrosyfc.aom 1 address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection. with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law;Severability;Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Agreement conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Agreement which can be given effect without the conflicting provision. As used in this Security Instrument: (a)words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and include the plural and vice versa;and(c)the word"may"gives sole discretion without any obligation to take any action: 17. Borrower's Copy.-Borrower shall be given one copy of the Agreement and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section,"Interest in the Property" means any legal or beneficial interest in the Property, including,but not limited to,those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may.require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instnrmentdiscontinued at any time prior to the earliest of.,(a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument;(b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate-,or(c)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)pays Lender or causes Lender to be paid , all sums which then would be due under this Security Instrument and the Agreement as if no acceleration had occurred; (b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys' fees,property inspection andvaluation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,and(d)takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay the Secured Debt secured by this Security Instrument,shall continue unchanged Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms; as selected by Lender: (a)cash;(b)money order,(c).certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are S insured by a federal agency, instrumentality or entity; or(d)Electronic Funds Transfer. Upon reinstatement by. Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Change of Servicer;Notice of Grievance. The Agreement or a partial interest in the Agreement(tpgether with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity(known as the"Servicer")that collects the amounts due under the Agreement and this Security Instrument and performs other mortgage loan servicing obligations under the Agreement,this Security Instrument, TODD C BLRBLL/995072961417080 . MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE DoW*&rt VOW WD-W-IW2 MAHESLSOA 10106/06' Page 9of.13 www.docmagk.com and Applicable Law. There also might be one or more changes of the Servicer unrelated to a sale of the Agreement. If the Agreement is sold and thereafter.the Agreement is serviced by a Servicer other than the purchaser of the Agreement, the servicing obligations to Borrower will remain with the Servicer or be transferred to a successor Servicer and are not assumed by the Agreement purchaser unless otherwise provided. Neither Borrower nor Lender may commence,join, or be joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision.of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party and allowed the other party (with such notice given in compliance with the requirements of Section 15)of such alleged breach and reasonable time to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section: (a)"Hazardous Substances"are those substances defined as toxic or hazardous substances,pollutants,or wastesby Environmental Law and the following substances:gasoline, kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents, materials containing asbestos or formaldehyde,andradioactive materials;(b)"Environmental Law"meansfederal laws andlaws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and(d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances, Pr threaten to release any Hazardous Substances,on or in the Property. Borrower shall not do,nor allow anyone else to do, anything affecting the Property (a)that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or(c)which, due to the presence, use, or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence,use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to; hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(b)any Environmental Condition,including but not limited to, any spilling, leaking,discharge,release or threat of release of any Hazardous Substance, and(c)any condition caused by the presence,use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary-remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration;Remedies. Under shall give notice as required by ApplicableLaw prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument or the Agreement(but not prior to accelerationunder Section 18 of the Security instrument unless ApplicableLaw provides otherwise), Lender at its option may require immediate payment In full of an sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect an expenses incurred in pursuing the remedies provided in this Section, including,but not limited to,reasonable attorneys'fees and costs of title evidence. If Lender invokes the power of sale,Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee shall TODD C ELWELL/998072961417080 MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE vocuagle d7w=800-MO-13e2 MAHESI.BOA 10/06/06 Page 10 of 13 www.docmagfc.com cause this notice to be recorded in each county in which any art of the Property is located. Leader or Trustee shall mall copies of the notice as prescribed by Applicable Law. After the time required by Applicable Law, Trustee,without demand on Borrower,shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale is one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty,expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the sale in the following order: (a)to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys'fees;(b)to all sums secured by this Security Instrument;and(c)any excess to the person or persons legally'entitled to it. 23. Release. Upon Borrower's request, and upon payment in full of all sums secured by this Security Instrument,Lender shall discharge this Security Instrument. Borrower shall pay any recordation costs. Lender may ' charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of curtesy and dower in the Property. 25. Open-End Mortgage. This Security Instruments secures repayment of sums lentby Lender to Borrower from time to time pursuant to an"open-end credit plan"as defined in Section 1 of Chapter 140D of the General Laws of Massachusetts. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] F TODD C 8LA6LL/995072961.417080 MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE Docbtap C 4V==OW-649-13ez MAHESI.BOA 10/06/06 Page 11 of 13 www.docn"k.com f MORTGAGEE REQUESTS NOTICE OF ANY ADVERSE ACTION THAT A PRIORITY LIEN HOLDER TAKES WITH REGARD TO THE PROPERTY,INCLUDING DEFAULT AND FORECLOSURE BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Seal TODD C ELWELL -Borrower -Borrower Seal Borrower TM -Borrower Seal -Borrower -Borrower Witness: Witness• TODD C ELWELL/995072961417080 MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE DocMaglc trffivnufza eaaeav-tsez MAHESI.BOA 10M&06 Page 12 of 13 www.docmagM.com - r [Space Below This Line For Aclmowledgmentl Commonwealth of Massachusetts County of SARNSTABLE On this day of / r ' before me,the undersigned notary public, personally appeared TODD C ELWELL proved to me through satisfactory evidence of identification,which were to be the person whose name is signed on the preceding or attached document and acknowledged to me that(he)(stie) signed it voluntarily for its stated purpose. ❑ (as partner for , a corporation) ❑ (asfnr a corporation) ❑ (as attorney in fact for the principal) ❑ (as for - (a)(the) /Opp C �perso:ai;y Notary Public appeared before me,and prorad hisfhe a fi'coti n throw o sat(sfodory evidence,which were , be the person whose name is sign on theOoiass?—odwsetis or onadied r--- • /. d=mentlnmypresenceoathis doyol bod.hev Cc n+'nweoltDlmltorAroNotary Public(Printed Name) NotaryP�blic. My Commission Expires October 13,2011 My commission expires: (Seal) TODD C BLWELL/9.95072961417080 MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE DWUagic raFWvnta,800.049-1362 MAHESI.BOA 10/06/06 Page 13 of 13 www.docmaWc cotn SCHEDULE "A" THE FOLLOWING REAL PROPERTY SITUATE IN COUNTY OF BARNSTABLE AND STATE OF MASSACHUSETTS,DESCRIBED AS FOLLOWS: PARCELI SOUTHEASTERLY BY THE NORTHWESTERLY.LINE OF NEWTON STREET,ONE HUNDRED ONE AND 17/100(101.17)FEET; SOUTHERLY BY THE NORTHERLY LINE FORMING THE JUNCTION OF SAID NEWTON STREET AND MAPLE AVENUE.FOURTEEN AND 80/100(14.80)FEET; SOUTHWESTERLY BY THE NORTHEASTERLY LINE OF SAID MAPLE AVENUE, EIGHTY AND 72/100(80.72)FEET; NORTHWESTERLY BY LAND NOW OR FORMERLY OF WILLIAM C. NEWTON, ONE HUNDRED EIGHTEEN AND 64/100(118.64)FEET AND NORTHEASTERLY BY LAND NOW OR FORMERLY OF LILLIAN C. ARNOLD,EIGHTY-NINE AND 54/100(89.54)FEET. ALL OF SAID BOUNDARIES, EXCEPT THE LINES OF SAID STREET AND AVENUE, ARE DETERMINED BY THE COURT TO'BE LOCATED AS SHOWN ON PLAN 24291-A, DRAWN BY WHITNEY & BASSETT,'ENGINEERS, DATED SEPTEMBER, 1950 AND APRIL 25, 1954, AS MODIFIED AND APPROVED BY THE COURT,AND FILED IN THE LAND REGISTRATION OFFICE AT BOSTON,A COPY OF A PORTION OF WHICH IS FILED IN BARNSTABLE COUNTY REGISTRY OF DEEDS IN LAND REGISTRATION BOOK 117 PAGE 65 WITH CERTIFICATE OF TITLE NO.16165 AND SAID LAND IS SHOWN THEREON AS LOT 1. PARCELII SOUTHWESTERLY BY MAPLE AVENUE,FIFTEEN AND 50/100(15.50)FEET; NORTHWESTERLY BY LOT 7-A,NINETY-NINE AND 67/100(99.67)FEET; NORTHEASTERLY BY LOT 8,TWENTY-ONE AND 19/100(21.19)FEET;AND SOUTHEASTERLY BY LAND NOW OR FORMERLY OF RALPH H, BODMAN ET AL, ONE HUNDRED(100)FEET. ALL OF SAID BOUNDARIES ARE DETERMINED BY THE COURT TO BE LOCATED AS SHOWN ON SUBDMSION PLAN# 9638-G DATED MAY 1949,DRAWN BY WHITNEY & BASSETT,ENGINEERS AND FILED IN THE LAND REGISTRATION OFFICE AT BOSTON,A COPY OF WHICH IS FILED IN BARNSTABLE COUNTY REGISTRY OF DEEDS IN LAND REGISTRATION BOOK 72 PAGE 111 WITH CERTIFICATE OF TITLE NO.10811 AND SAID LAND IS SHOWN THEREON AS LOT 7-B. KNOWN: 45 NEWTON STREET TITLE HELD BY: TODD C ELWELL CERTIFICATE#: 174273 DOCUMENT#: 978857-1 RECORDED:09/01/2004 , BARNSTABLE REGISTRY OF DEEDS Doc=978P858 09-01--2004 3.e36 BARNSTABLE LAND COURT REGISTRY After Recording Return To: Plymouth Savings Bank 151 Campaneili Drive sr P.O.Box 620 �5✓ V t 1 olk Middleborough, MA 02346 [Space Above This Line For Recording Data] MORTGAGE, •DEFR4MONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21.Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument"means this document,which is dated September 01,2004 ,together with all Riders to this document: (B) `Borrower"is Todd C Elwell Borrower is the mortgagor under this Security Instrument. . (Q. "Lender"is Plymouth Savings Bank Lender is a savings bank organized and existing under the laws of MA Len_der's address is 151 Campanelli Drive, Middleboro, MA 02346 Lender is the mortgagee under this Security Instrument. (D). "Note"means the promissory note signed by Borrower and dated September 01,2004 The Note states that Borrower owes Lender Three Hundred Twenty Eight Thousand Five Hundred and noll00 Dollars(U.S.$ 328,500.00 )plus interest.'Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 01,2034 ` (E) "Property"means the property that is described below under the heading"Transfer ansfer of Rights in the Property,." (F) "Loan"means the debt evidenced by the Note,plus interest, any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (G) "Riders"means all Riders to this Security Instrument that are executed by Borrower.The following Riders are to be executed by Borrower[check box as applicable]: . Q Adjustable Rate Rider ❑Condominium Rider. 0 Second Home Rider ❑Balloon Rider ❑Planned Unit Development Rider ❑Other(s)[specify] 'XQ°174 Famrly Rider. ❑Biweekly Payment Rider , MAStiACHUSETTS�,ngle Pm�11 Fsaate MadFreddie Mae 041FOk1M It'NSTIt Form 30n 1/01 ITEM 1900L1(0011) (Page/of I!p GREATLAND■ ages) TOQdsCA1:1-a30- 3o00Foe Gle-791.1131 Print Date August 31,2004 160355078 � Ls.hit J. �= '*e•. _. �_ ... _ _...�_ � .. _ ..... .. .lei.' r yr (K) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions. (1) "Community Association Dues,Fees,and Assessments"means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association,homeowners association or similar organization. (T) "Electronic Funds Transfer" means any transfer of funds,other than a transaction originated by check, draft, or similar paper instrument,which is initiated through an electronic terminal,telephonic instrument,computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit or credit an account. Such term includes,but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I) "Escrow Items"means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for:(i)damage to,or destruction of,the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv)misrepresentations of,or omissions as to,the value and/or condition of the Property. (lvl) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii)any amounts under Section 3 of this Security Instrument. (0) "RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C. §2601 et seq.)and its implementing regulation, Regulation X(24 C.F.R. Part 3500), as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument,"RESPA"refers to all requirements and restrictions that are imposed in regard to a"federally related.mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"under RESPA. (P) "Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender:(i)the repayment of the Loan,and all renewals, extensions and modifications of the Note;and(ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby mortgage,grant and convey to Lender and Lender's successors and assigns,with power of sale,the following described property located in the County (Type of Recording Jurisdiction) of Barnstable [Name of Recording Jurisdiction] For title see Certificate of Title No. Barnstable County Registry of Deeds Land Court See description attached hereto. which currently has the address of 45 Newton St [Street] HYANNIS ,Massachusetts 02601 (°'property Address"): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property." MASSACHUSETTS--Single Family—Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30221/01 OREATLMD■ ITEM 19001.2(0011) (Page 2 of II peges) Toa0.l 9393 I:14M53D• 0Fac 61&791-1131 Print 0O Date August 31,2004 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the night to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal,Interest,Escrow Items,Prepayment'Charges, and Late Charges.Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and any prepayment charges and late charges due under the Note.Borrower shall also pay funds for Escrow Items pursuant to Section 3.Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instr mment received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender:(a)cash;(b)money order,(c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d)Electronic Funds Transfer. ' Payments are deemed received by Lender when received at the location designated in'the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15.Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current.Lender may accept any payment or partial payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such. payments are accepted If each Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds. Lender may hold such unapplied-funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time,Lender shall either apply such fimds or return them to Borrower. If not applied earlier, such.funds will be applied to the outstanding principal balance under the Note immediately prior to' foreclosure.No offset or claim which Borrower might have now or in the fixture against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. kpplication of Payments or Proceeds.Except as otherwise described in this Section 2, all payments accepted' and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b)principal due under the Note;(c).amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order is which it became due.Any remaining amounts shall be applied fast to late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in fu1L To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments; such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for: (a)taxes and assessments and other items which can attain priority over this Security Instrument as alien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property,if any;.(c)premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment'of Mortgage Insurance premiums in accordance with the provisions of Section 10.These items are called"Escrow Items."At origination or at any time.during the.term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments,if any,be escrowed by Borrower,and such dues,fees and assessments shall be an Escrow Item.Borrower shall promptly fiunish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.Lender may waive MASSACHUSETT"ingle Family—Famly MacTreddie Mac UNIFORM INSTRUMENT Form 30221/01 CACATLAND■ ITEM 190OLS(0011) (Page 3 ojll pages) TO Order Ddt 1-00045364r CIrac 616.791-1131 Print Date August 31,2004 Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase"covenant and agreement"is used in Section 9. If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all Funds,and in such amounts,that are then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require under RESPA.Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA.Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays - Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds.. Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,if any, and Community Association Dues,Fees,and Assessments,if any:To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement, (b)contests the lien in good faith by,or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage,"and any other hazards including,but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and MASSACHUSETTS—Single Family—Finnic Mae/Freddie Mac UNIFORM INSTRUMENT Form 3022 1/01 ITEM 19ODL4(0011) (Page 4 of l pcges) To O �ds CdI:153D-MM 0�616-79�11--1131 Print Date August 31,2004 subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification.Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage,at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. . Therefore,such coverage shall cover Lender,but might or might not protect Borrower,Borrower's equity in the property,or the contents of the Property, against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from_the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. • All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage,not otherwise required by Lender, for damage to,or destruction of,the Property,such policy shall include a standard mortgage clause.and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by.Lender, shall be applied to restoration or repair of the Property,if the restoration or repair is.economically feasible and Leader's security is not lessened During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress ` payments as the work is completed Unless an agreement is made in writing or Applicable Law requires interest to be paid on such'insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds.Fees for public adjusters,or other third parties,retained by Borrower shall not be paid-out of the insurance proceeds and shall be the sole obligation of Borrower.If the restoration or repair is not economically feasible or Lender's security would be lessened, the incman_ce proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender,may file,negotiate and settle any available insurance claim and'related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance tamer has offered to settle a claim,then Lender may negotiate and settle the claim.Tlie 30-day period will begin when the notice is given.In either event, or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower),under all insurance policies covering the Property,insofar as such rights'are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy, establish,and use the Property as Borrower's'principal residence.within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections.Borrower shall not destroy,damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.If insurance or condemnation proceeds.are paid in connection with damage to,or the taking oi;the Property,Borrower shall be responsible for repairing or restoring the Property only if Leader has released proceeds for such purposes. Lender may disburse proceeds foi the repairs and restoration in'a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient.to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair at restoration. MASUCHUSETTS—Singlc Fwn4—Foanie MmWWdk Mae UMFORM INSTRUMENT Form 3022 IA GREATLAM■ ITEM 1900L5(0011) (Page 5 of II pcges) ToOdr aalh 1-800-, 9 DFic 016791.1131 Print Date August 31,2004 ' �5.��* (�111�1d1�+.e:.: 5..�' is • � _ .�i._ .%_ _ ` ._ �. •i �'.� .`, •,��,— Lender or its agent may make reasonable entries upon and inspections of the Property.If it has reasonable cause,Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application.Borrower shall be in default it during the Loan application process,Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material.representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If(a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that night significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),or(c)Borrower has abandoned the Property,then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property,and securing and/or repairing the Property. Lender's actions can include,but are not limited to: (a)paying any sums secured by a lien which has priority over this Security Instrument; (b)appearing in court;and(c)paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. . .Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender.If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect.Lender will accept;use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.Such loss reserve shall be non-refimdable,notwithstanding the fact that the Loan is ultimately paid in full,and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve.Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law.Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other patties that share or modify their risk,or reduce losses,These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include fiords obtained from Mortgage Insurance premiums). MASSACHUSETTS—Single Fatuity=Fannie Mao'Freddie Mae UNIFORM INSTRUMENT Form 30221/01 GRFATLAND■ ITEM 1900L6(0011) (Page 6 of 11 pines) ToaclwOil:I-M530-MMCFac 616-791-1131 Print Date August 31,2004 As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses.If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,' or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-4 any with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds;Forfeiture.All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is' completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be.required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security wound be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the ordei provided for in Section 2. In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the'fair market value of the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the swops secured by this Security Instrument immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the partial taking,destruction,or loss in value divided by(b)the fair market value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking,destruction, or loss in value,unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Secrity Instrument whether or not.the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due."Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party agaimst whom Borrower has a right of action in regard to Miscellaneous Proceeds. , Borrower shall be in default if any action of proceeding,whether civil or criminal,is begun that,in Lender's.judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this. Security Instrument.Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's.interest in the Property or rights under this Security Inshm neut. The . proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. . MASSACHUSETT"ingle Family—Fannie Mae/Freddie Mac UNIFORM INSTRUNWiNT Form 30221AI ITEM 1900L7(0011) (Page 70 11 es T004 rCit 1.800-530-MOB 616�11131 Print Date I P� I August 31,2004 ■ TIF t: tL: 4 i a, p "! S,tool! w 'a P .w low Ai AL 12. Borrower Not Released; Forbearance By Lender Not a'Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower.Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,without limitation,Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several.However,any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-signer"):(a)is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property,under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges.Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights-under this Security Instrument, including,but not limited to,attorneys' fees,property inspection and valuation fees.In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices.All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender.Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time.Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law;Severability;Rules of Construction.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the-event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. MASSACHUSETTS—Single Family—Fannit Mat/Freddie Mac UNIFORM INSTRUMENT Form 30221/01 GREATIAND■ ITEM 1900ta(0011) (Page 8 of 11 pges) To Oder Call:1-a00.53D41MO Fk 616-791-1131 Print Date August 31,2004 u As used in this Security Instrument: (a)words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender,(b)words in the singular shall mean and include the plural and vice versa;and(c)the word"may"gives sole discretion without any obligation to take any action ' 17. Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. I& Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18, "Interest in the _ Property" means any legal or beneficial interest in the Property, including, but not limited to,.those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the ' transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and.a beneficial.interest in Borrower is sold or.transfeured)'without Lender's prior written consent, Lender may. require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower mast pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,Borrower shall have, the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of.(a)five days before' sale of the Property pursuant to any power of sale contained in this Security Instrument;(b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or (c) entry of a judgment enforcing this Security. .Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security . Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing this Security instrument,including,but not limited to,reasonable attorneys' fees, property inspection and valuation fees,and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;and(d)takes such action as Lender may reasonably require to assure that Lender'.s interest in the Property and rights under'this Security Instrument,and Borrower's obligation to pay the sums seared by this Security Instrument,shall continue unchanged.Leader may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a)cash; (b) money order, (c)certified check,bank check, treasurer's check or cashier's check,provided any such cheek is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or(d)Electronic Funds Transfer. Upon reinstatement by Borrower,this Security Instrument and obligations seared hereby shall remain fully effective as if no acceleration had occurred.However,this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note;Change of Loan Servicer,Notice of Grievance.The Note or a partial interest in the Note(together with this Security Instrument) can be'sold one or more times without prior notice to Borrower. A sale might result in a change in the entity(known as the"Loan Servicer')that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note,this Security Instrument,and Applicable Law.There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an individual litigant or the member of a class)'that arises from the other.party.'s actions pursuant to this-Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of,this Security Instrument,until such Borrower or Lender has notified the other party (with such notice.given in compliance with the requirements of Section 15) of such. alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph.The notice of acceleration and opportunity to cure given to Borrower pursuant to Section22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy. the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances.As used in this Section 21: (a)"Hazardous Substances"are those substances defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the following substances:gasoline,kerosene, MASSACHUSEI'P"ingle Family-Fannie Mae/FYeddie Mac UNIFORM INSTRUMENT Form 30221/O1 GRFATLMO In ITEM 190019(0011) (Page 9 pf II pages) ToOdw cdl:1-MO-S3DMWCI Fec 616-791.1131 Pdnt Date August 31.2004 ' other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials; (b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c)"Environmental Cleanup" includes any response action,remedial action,or removal action,as defined in Environmental Law;and(d)an"Environmental Condition" means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal; storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a.Hazardous Substance, creates a condition that adversely affects the value of the Property:The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(b)any Environmental Condition,including but not limited to, any spilling,leaking,discharge,release or threat of release of any Hazardous Substance,and(c)any condition caused by the presence,use or release of a Hazardous Substance which adversely affects the value of the Property.If Borrower learns,or is notified by any governmental or regulatory authority, or any private`party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22. Acceleration, Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otberwise).The notice shall specify:(a)the default; (b)the action required to cure the default; (c)a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale.If the default is not cured on.or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled,to collect all expenses incurred in pursuing the remedies provided in this Section 22,including,but not limited to,reasonable attorneys'fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale,and the Property shall be sold in the manner prescribed by Applicable Law.Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a)to all expenses of the sale, including,but not limited to, reasonable attorneys' fees; (b)to all sums secured by this Security Instrument;and(c)any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrtmrent, but only if the feeds paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers.Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of curtesy and dower in the Property. MASSACHUSETTS--Single Family—Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30221/01 GREA71MD f ITEM 1900L10(0011) (Page 10ofII pages) TOG•ffCd0:1-6530.93930rsc61 6-791-1131 Print Date August 31,2004 BY SIGNING BELOW, Borrower accepts and agrees to the teams and covenants contained in pages 1 through 11 of this Security Instrument and in any Rider executed by Borrower and recorded with.it. l J (Seal) (Seal) Todd C Elwell -Borrower Borrower (Seal) W(Seal) Borrower -Borrower (Seal) (Seal) -Borrower =Borrower Witness: Witness: V, U Commonwealth of Massachusetts, Barnstable County ss: On this 1st day of September,'2004 ,before me personally appeared Todd C. Elwell- to me]mown to be the person(or persons)described in and who executed the foregoing instrument,and acknowledged that Y he/she/they executed the same as his/her/their free act and deed Notary Public My commission expires: r MASSACB:USETT"ingte Family—Fame Mse/Freddie Mae UNIFORM INSTRUMENT Form 30221/01 GREATLAND■ rrEM 190OL11(0011) (Page l!ofilpages) ToOrdrrOd1:14W53D- 0Fmc616791-1131 Print Date August 31,2004 ` COMMONWEALTH OF MASSACHUSETTS ti Barnstable,ss: .t. On this 1 st day of September,2004,before me,the undersigned notary public, personally appeared Todd C.Elwell and proved to me through satisfactory evidence of identification,being(check whichever applies): Driver's license or other state or federal governmental document bearing a photograph image; ❑` Oath or affirmation of a credible witness known to me who knows the above signatory, or " ❑ My own personal knowledge of the identity of the signatory,to be the person whose name is listed above, and acknowledges to me that he/she/they signed the foregoing instrument voluntarily of his/her/their own free act(s) and deed(s). m t c` J�N.4 p1 My Commission 5 A I (SEAL)w �+s�°,apu� N. .0 .. .. 4... is x A - • s n ' 1 4=F AMILYµRIDER" (Assignment of Rents) THIS 14 FAMILY RIDER is made this 1st . day of September 2004 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed(the"Security Instrument') of the same date given by the undersigned (the"Borrower") to secure Borrower's Note to Plymouth Savings Bank (the"Lender")of the same date and covering the Property described in the Security Instrument and located at: 45 Newton St HYANNIS,MA 02601 [Property Address] 14 FAX.MY COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description,and shall also constitute the Property covered by the Security Instrument: building materials; appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used.in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas,water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, phimbmg, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows,., storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and retrain a part of the Property covered by the Security Instrument: All of the foregoing together with the Property , described in the Security Instrument (or the leasehold estate if the Security Instrument is on,a leasehold)are referred to in this 14 Family Rider and the Security Instrument as the"Property" B .;USE OF-PROPERTY;°COMPLIANCE WITH LAW -Borrower shall not seek,agree i..-.-.f✓;'�fAf`�+ '># .� Y -N..3F'�4e's'i; ., t z �:`i^-Fn''1L+4T✓",r.,:, n+Y�. ��i+.°"k`#w•�'E:,��ay.'s,�,re+'x"+i xs •�' $i Ito or make a change m,the use,of the Property or its zotung classification, unless Lender has.." 4_Fag�eed�' w�tr�tmg�o the change B mwe shall comply v�nth all laws;ordinances;regularions and regiuremeats:of nay governmental-body applicable to the Property. C. SUBORDINATE LIENS.Except as permitted by federal law,Borrower shall not.allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's . pnorwrittenpertnission� ,�, �;, , ,DRENT LOSS INSURANCE. Borrower shall maintain`insurance against rent loss in addittoti to the"other hazards for which insurance is required by Section 5. E."BORROWER'S RIGHT TO REINSTATE"DELETED.Section 19 is deleted F. BORROWER'S OCCUPANCY. Unless Leader and Borrower otherwise agree in writing,Section 6 concerning Borrower's occupancy of the Property is deleted G,ASSIGNIVIENI OFF LEASES Jb Upoti Leader's'request afterdefault, Borrower shall assign to 1 6dar'a11.Ieases of thle Property rid all'secimty deposits made in connection with leases MULTISTATE 14 FAMELY RIDER Fam,ie Mae/Freddte Mae UNIFORM INSTRUMENT Form 31701/01 GREATLAND 8 ireM nsoLt roo»i (Page 1 of3 pages) To Order ON:t-Soo-s3r.MaFac e15•7e1-1 r31 Print Date August 31,2004 i r of the Property Upon the assignment, Lender shall have the right to modify,extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G,the_word"lease shall mean"sublease'if the Security Instrument is on a leasehold. �„.... H. ASSIGNMENT OF'RENTS "APPOINTMENTY OF RECEIVER;:..LENDER IN y%SSESSION-Borrower absolutely and unconditionally assigns and transfers to Lender all the .a S rents'and revenues("Rents")of the Property,regardless of to whom the Rents of the Property are payable.Borrower authorizes Lender or Lender's.agents to collect the Rents,and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However,Borrower shall receive the Rents until(i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument and(ii)Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent.This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only,to be applied to the sums secured by the Security Instrument; (ii)Lender shall be entitled to collect and receive all of the Rents of the Property;(iii)Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv)unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including,but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs,insurance premiums,taxes,assessments and other charges on the Property,and then to the sums secured by the Security Instrument; (v)Lender,Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received-, and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9.' Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon,take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs.Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by.the Security Instrument are paid in M. I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument: MULTISTATE 14 FAMILY RIDER—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 31701/01 GREATLAND■ ITEM 1790L2(0011) ` (Page 2 of3 pages) ToOdw WI:1-WO-530-Morw:616-791-1131 Print Date August 31,2004 BY SIGNING BELOW, Borrower accepts and agrees to the terms and,provisions contained in pages 1 through 3 of this 14 Family Rider. (Seal) (Seat) - Todd C Elwell -Borrower. -Borrower • `Seal) (Seal) -Borrower -Borrower .(Seal) (Seal) - -Borrower -Borrower MULTISTATE 1.4 FAMILY RIDER—Famie MwlFreddte Mac UNIFORM INSTAUM M Form 31701/01 ITEM17MU(0011)r (Page3of3pages) . ToadrCA1.800.5n23MoFgKfi6'�1�131 Print Date August 31,2004 i . _ FIXED/ADJUSTABLE RATE RIDER (LIBOR One-Year Index(As Published In The Wall Street Journal)—Rate Caps) THIS FIXED/ADJUSTABLE RATE RIDER is made this 1 st day of September 2004 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed(the"Security Instrument)of the same date given by the undersigned("Borrower•')to secure Borrower's Fixed/Adjustable Rate Note(the"Note")to Plymouth Savings Bank ("Lender')of the same date and covering the property described in the Security Instrument and located at: 45 Newton St HYANNIS,MA 02601 [Property Address] . THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instnrnent,Borrower and Leader further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 5.3750%.The Note also provides for a change in the initial fixed rate to an adjustable interest rate,as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of September 2009 ,and the adjustable interest rate I will pay may change on that day every 12th month thereafter.The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change,is called a"Change Date." (B) The Index Beginning with the first Change Date, -my adjustable interest rate will be based on an Index. The "Index" is.the average of interbank offered rates for one-year U.S. dollar-denominated deposits in the London market("LIBOR"),as published in The Wall Street Journal.The most recent Index figure available as of the date 45 days before each Change Date is called the"Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information.The Note Holder will give me notice of this choice. (C) -Calculation of Changes Before each Change Date,the Note Holder will calculate my new interest rate by adding Two and One Quarter percentage points( 2.25M.)to the Current Index.The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point.(0.1251/6). Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date. MULTISTATE FIXED/ADJUSTABLE RATE RIDER--WSJ One-Year LIBOR—Single Family— Fannie Mae Uniform Inatrameat Form 3197 6101 GREATLAND■ ITEM 7577u(0108) (Page 1 oj3 pages) Tb Q1V Q*..1-E0DOD- 70 0 Fsc ete 791-1131 Print Date August 31,2004 The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in fill on the Maturity Date at my new interest rate in substantially equal payments.The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.3750% or less than 2.2500%.Thereafter,my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of interest I have been paying for the preceding 12 months..My interest rate will never be greater than 10.3750%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes, The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my'adjustable interest rate before the effective date of any change.The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice.` B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN.BORROWER 1. .Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terns stated in Section A above,Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property, including,but not limited to,those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a firture date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a;beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,Lender may require immediate payment in full of all sums secured by this Security Instrument.However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by.this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2., When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above,Uniform Covenant 18 of the Security Instrument described in Section B I above shall then cease to be in effect,and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Properly, including,but not limited to,those beneficial interests transferred in a bond for deed, contract for deed, installment MULTISTATE FIXED/ADJUSTABLE RATE RIDER—WSJ One-Year LIBOR=Single Family— Fannie Mae Uniform Instrument Form 3187 6/01 ITEM 75771-2(0108)_ (Page 1 of 3 pages) To OtIr Oil:1404u^,0-MM[I FFocc 616-799i-111 Print Date August 31,2004 sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Leader's prior written consent,Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lendei to evaluate the intended transferee as if a new loan were being made to the transferee;and(b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument.Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within'which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 3 of this Fixed/Adjustable Rate Rider. (Seal) (Seal) Todd C Elwe -Borrower -Borrower (Seal) A (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower MULTISTATE FIXED/ADJUSTABLE RATE RDIL'R--WST Oae-Year LIBOR—Single Family— Fannie Mae Uniform Instrument Form 3187&Q,1 GREATIAND■ ITEM 7577U(0108) (Page 3 of 3 pages) lb Qc r Q4:1-MD 130-OM D ruc 616791-1131 Print Date August 31,2004 DESCRIPTION . The land with buildings thereon situated in Hyannis,Barnstable County,Massachusetts, being shown as Loy Shown on Plan 24291-A and - LOT 7B , Shown on Plan 9638-G Subject to and together with all rights,easements,restrictions and encumbrances of record insofar as the same are in force and applicable. L�ar7-3 BARNSTABLE REGISTRY OF DEEDS DOC1796,513 04-04-2000 12t26 MSTABLE LAND COURT REGISTRY [Space Above This 14ne For Recording Data] i N# 00223943 MORTGAGE_.. . THIS MORTGAGE("Security Instrument")is given on March 31. 2000' The mortgagor is Salvatore Siciliano and .Mary Siciliano, HUSBAND AND WIFE ("Borrower").This Security Instrument is given to Equity One Inc, a Delaware Corporation which is organized and existing under the laws of Delaware ,and whose address is 523 Fell Ow5hip Road, Mt. Laurel, NJ 08054 ("Lender").Borrower owes Lender the principal sum of Seventy Eight Thousand and no/100 Dollars(U.S.$ 78,000.00 ). This debt is evidenced by Borrower's note dated the-same date as this Security Instrument("Note"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on April 1, 2030 This Security Instrument secures to Lender;(a)the repayment of the debt evidenced by the Note,with interest,and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby mortgage,grant and convey to Lender,with power of sale,the following described property located in Barnstable f County,Massachusetts: 4 3 Street ;Hyannis ' . ±;;any [saeet,c�ryl, which has the address:of 45 Newton /� Massachusetts 0260t '~ [Zip Code[ ("Property Address"); MASSACHUSETTS-Single Family-FNMAIFHLMC UNIFORM INSTRUMENT Form 3022 9/90 ®I MP MORTGAGE E FORMS•I900152 1.ArMnd1 ^ - T I IIIIIII IIIII III IIIIII III III)IIII Papa 1 off 6� MW O5,93 S93 OJ Wualac J•''"/// I I ORIGINAL t?011 L1 N 1Aa t� E TOGETHER WITH all the improvements now or hereafter erected on the property,and all casements,appurtenances,and 'fixtures-now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument,All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: I. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. . 2, Funds for Taxes and insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note,until the Note is paid in full,a sum("Funds")for:(a)yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property;(b)yearly leasehold payments or ground rents on the Property,if any;(c)yearly hazard or property insurance premiums;(d)yearly flood insurance premiums, if any; (e)yearly mortgage insurance premiums, if any; and(f)any gums payable by Borrower to Lender, in accordance with the provisions of paragraph g, in lieu of.the payment of mortgage insurance premiums.These items are called"Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 ei seq. ("RESPA"),unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in,an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender,if Lender is such an institution)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay it one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is trade or applicable law requires interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing,however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made.The Funds are pledged as additional security for all sums secured by this Security Instrument, If the Funds held by Lender exceed the amounts permitted to be held by applicable law,Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due,Lender may so notify Borrower in writing,and,in such case Borrower shall pay to Lender the amount necessary to make up the deficiency.Borrower shall make up the deficiency in no more than twelve monthly payments,at Lender's sole discretion, Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender.If,under paragraph 21, Lender shall acquire or sell the Property.,Lender,prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the suns secured by this Security Instrument. 3.Application of Payments.Unless applicable law provides otherwise,all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note;second,to amounts payable under paragraph 2; third,to interest due;fourth,to principal due;and last,to any late charges due under the Note. 4.Charges; Liens. Borrower shall pay all taxes,assessments,charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents, if any. Borrower shall pay. these obligations in the manner provided in paragraph 2,or if not paid in that manner,Borrower shall pay them on time directly to the person owed payment,Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly,Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. if Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien:Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. Form 3022,9110 ®-GRIMAI 19306103 Papa 2 or a malda: S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the ` property,insured against loss by fire, hazards included within the term "extended coverage' and any other hazards, including floods or flooding, for which Lender requires insurance.This insurance shall be maintained in the amounts and for the periods that Lender requires.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. I Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments.referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument ' immediately prior to the acquisition. 6.Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application;Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on'the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest.Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling'. that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed ` to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited' to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is or a ' leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires_.fee title to the Property, the leasehold and the fee title shall not merge unless lender agrees to'the merger in writing. 7.Protection of Lender's Rights in the Property.If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a i proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property-and Lender's rights in the Property.Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs.Although Lender may take action under this paragraph 7.Lender does not have to do so. ' Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. _ S.Mortgage Insurance.If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender,lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost'substantially equivalent to the o cost to Borrower of the mortgage insurance previously in effect,'from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceasedto , be in effect.Lender will accept,use and retain these payments as a loss reserve in lieu'of mortgage insurance. Loss reserve - Form 3022 91g0 -6RIMA1 193051.03 v.oe s or a 1n1w,:(Q/1Ja/�/� payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that lender requires)provided by an insurer approved by lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower-and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any pan of the Property,or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower, In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds,at its option,either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11.Borrower Not Released;Forbearance By Leader Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest, Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization Of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums. secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. if a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. , 14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by trailing it by first class mail unless applicable law requires use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15.Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 16.Borrower's Copy.Borrower shalt be given one conformed copy of the Note and of this Security Instrument. Form 3022 91 40-6R(MA1 1930903 Pap.♦of a Bair.: • 17.Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security instrument.However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums.prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice'or demand on Borrower. 19. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a)5 days(or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument;,or(b)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing this Security Instrument, including,but not limited to, reasonable attorneys' fees;and(d)takes such action as lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this`Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument)may be sold one or more times without prior notice to Borrower, A sale may result in a change in the entity(known as the"Loan Servicer')that collects monthly payments due under the Note and this Security Instrument.There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law.The notice will state the name and address of the new Loan Servicer.and the address to which payments should be trade. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation,claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary.Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as Toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials.As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default; (b)the action.required to cure the default; ' (c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and (d) that failure to cure the default on or before the date specified in the notice may result In acceleration or the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring"a court action to assert the non-existence of a default or any other defense of.Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender, at Its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided In this paragraph 21, including,but not limited to,reasonable attorneys'fees and costs or title evidence. If Lender invokes the STATUTORY POWER OF SALE,Leader shall mail a copy or a notice of sale to Borrower, and to other persons prescribed by applicable law;in the manner provided by applicable law. Lender shall publish the Form'30 . ®-OR(MA)19305103 Pw.6 or 0 Iri,iab: notice of sale, and the Property shall be sold in the manner prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a)to all expenses of the sale,including,but not limited to,reasonable attorneys'fees;(b)to all sums secured by this Security Instrument;and (c)any excess to the person or persons legally entitled to it. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23.Waivers.Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of curtesy and dower in the Property. 24. Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded together with this `Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check applicable box(es)) El Adjustable Rate Rider Condominium Rider 1-4 Family Rider 0 Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider 0 Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider O VA Rider ®Other(s)[specifyl LEGAL DESCRIPTION BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: d R (Seal) alvatore Siciliano .Borrower • '`.` I (Seal) Mary ciliano -Borrower (Seal) (Seal) -Borrower -Borrower COMMONWEALTH OF MASSACHUSETTS, County ss: On this '/� day of toil rvh dtzp before me personally.appeared Salvatore Siciliano.. and Mary Siciliano to me known to be the person(s)described in and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. My Commission Expires: I+rbrJAD03 Notary Publ „ '�Joant� ®-atitMAl 19306103 P."GO a Form 3022 9/90 1-4 FAMILY RIDER Assignment of Rents LN# 00223943' THIS 14 FAMILY RIDER is made this 31st day of March 2000 , and is incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust or , Security Deed(the"Security Instrument")of the same date given by the undersigned(the "Borrower")to secureBorrower'sNoteto Equity One,Inc, a Delaware Corporation .(the; "Lender")of the same date and covering the Property described in the Security Instrument and located at: 45 Newton"Street,Hyannis,MA 02601 (Property Addreul 14 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Leader further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument,' the' following items are added to the"Property description, and shall also constitute the Property covered by the Security Instrument: building materials, ' appliances and goods of every nature whatsoever now or hereafter located in,on,or used,or intended to ^ be used in connection with the Property,including,but not limited to,those for the purposes of supplying - or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus,plumbing,bath tubs,water heaters,water closets,sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors,screens,blinds,shades,curtains and curtain rods,attached mirrors,cabinets,panelling and attached floor coverings now or hereafter.attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and*remaina part of the.Property covered by the Security Instrument. All of the foregoing together with the Property,described in the Security Instrument(or the leasehold estate if the Security Instrument is,on a leasehold)are referred to in this 1-4 Family Rider and the Security Instrument as the"Property. r 1 � _ MULTISTATE 1.4 FAMILY RIDER-Fennto Mulkeddb Mee Unllorm Instrument Initials: Pepe 1 of 3 Form 3170 9/90 57U(9801) MW 01/98 VMP MORTGAGE FORMS-(800)521.7291 Amended 3/93 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII - B.USE OF PROPERTY;COMPLIANCE WITH LAW.Borrower shall not seek,agree to or make a change in the use of the Property or its zoning classification,unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C.SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Uniform Covenant 5. E."BORROWER'S RIGHT TO REINSTATE"DELETED.Uniform Covenant 18 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, the first sentence in Uniform Covenant 6 concerning Borrower's occupancy of the Property is deleted. All remaining covenants and agreements set forth in Uniform Covenant 6 shall remain in effect. . G.ASSIGNMENT OF LEASES.Upon Lender's request,Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify,extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease"'shall mean "sublease"if the Security Instrument is on a leasehold. H.ASSIGNMENT OF RENTS;APPOINTMENT OF RECEIVER;LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents,and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until(i)Lender has given Borrower notice of default pursuant to paragraph 21 of the Security Instrument and(ii) Lender has given notice to the tenant(s)that the Rents are to be paid to Lender or Lender's agent.This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of.breach to Borrower; (i)all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant;(iv)unless applicable law provides otherwise,all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorneys' fees, receiver's fees, premiums on receiver's bonds,repair and maintenance costs, insurance premiums,taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received;and(vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as t�� inadequacy of the Property as security. Initials: 57U(9801) Page 2 of 3 , Form 3170 9190 t: If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security lnstrttment pursuant to Uniform Covenant 7, Borrower represents and warrants that Borrower bas not executed any prior assignment of the Rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender,or Lender's agents or a judicially appointed receiver,may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender.11is assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. 1. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in , which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by.the Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees'to the'terms and provisions contained in this 1-4 Family Rider. (Seal)^ (Seal) Borrower Salvatore S1C1 lano -Borrower (Seal)• (Seal) -Borrower Cry $1 di11ano -Borrower (Seal) (Seal) -Borrower` " Borrower (Seal) (Seal) -Borrower -Borrower 57U(9801) Papa 3 at 3 3 Form 3170 9/90 b ti 1 EXHIBIT A The land together with any buildings thereon, situated in Barnstable(Hyannis), Barnstable County, Massachusetts,bounded and described as follows: SOUTHEASTERLY by the northwesterly line of Newton Street, one hundred one and 17/100(101,17)feet. SOUTHERLY by the northerly line forming the junction of said Newton Street and Maple Avenue, fourteen and 80/100(14.EQ feet; SOUTHWESTERLY by the northeasterly line of said Maple Avenue eighty and 72/100 (80.72)feet; NORTHWESTERLY by land now or formerly of William C.Newton, one hundred eighteen and 64/100(118.64)feet;and NORTHEASTERLY by land now or formerly of Lillian C. Arnold, eighty-nine and 54/100(89.54)feet. All of said boundaries, except the lines of said street and avenue, are determined by the Court to be located as shown on plan 24291-A, drawn by Whitney& Bassett, Engineers, dated September, 1950 in the Land Registration Office at Boston, a copy of a portion of which is field in Barnstable County Registry of Deeds in Land Registration Book 117, Page 65 with Certificate of Title No. 16165 and said land is shown thereon as Lot 1. Said lot is subject to restrictions as set forth in two(2)deeds, one given by William C. Newton et ux to John Remick Dodge et ux dated September 23,1924 duly recorded in Book 409, Page 595 and other given by Ralph H. Bodman to Harold W. Williams et ux dated September 19, 1945 and recorded in Book 633 Page 29 insofar as in force and applicable. Also another parcel of land situated in Barnstable(Hyannis),bounded and described as follows: SOUTHWESTERLY by Maple ie Avenue,fifteen and 501100(15.50)feet; NORTHWESTERLY by Lot 7-A, ninety-nine and 67/100(99.67)feet; NORTHEASTERLY by Lot 8, twenty-one and 19/100(21.19)feet; and SOUTHEASTERLY by land now or formerly of Ralph H.Bodman et al, one hundred (100)feet. All of said boundaries are determined by the Court to be located as shown on subdivision plan 9638-G dated May 1949, drawn by Whitney&Bassett,Engineers, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 72 Page 111 with'Certificate of Title No. 10811 and said land is shown thereon as Lot 7-B. So much of said lot as is included within the limits of the ways shown on said plan is.' subject tot he rights of all persons lawfully entitled thereto in and over the same. Said lot is also subject to and has the benefit of the restrictions as set forth in Document No. 1771 Barnstable Registry District insofar as the same are in force and applicable and the provisions set forth in Document No. 15710, insofar as the.same is in force and z applicable. The within premises are subject to a Taking by the Town of Barnstable dated March 8, 1927 being Document No. 2447, ' For title reference see Certificate of Title No 97346. Property Address: , 45 Newton St. Hyannis, Ma w ,: BARNSTABLE REGISTRY OF DEEDS � �S �� /C��� � �a �j ���� ��, �S ����� � 30 �s� 4 I � �- 4 f ya. k ^ x w� r 2 F t •eHk c 1,, � TOWN 1012 oEr q: 13 o7is;, r�� -�i J. .t::..Y �� J� Y '`� � �' � �' . w ..,..� � - ' . «+ �� _Y �,, x ;�� ._ , �«.. TOWN OF 9ARNSTABLE 13 r , 41M► 1A►/ r M TOWN OF BARNSTA.SLE fi E , Now i� s R .FS S r , Art! -viol r{ wh a 't a TOWN OF BARNSTABLE , 2 OFC 2 4 9: 13 l� i � N a � • t , iA � Fou 17 � TOWN 0F B"RNSTAELE n - � �X ; + 7 I n t r U. tr r - a 1k, � ;' t. 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I/27/16 1 W ° A � FR ADDITION W Z PROPOSED RIGHT ELEVATION w SCALE: 1/4" = V-0" a w wQ z opz 4 � 3Q w w )- � z � w v p SHEET 3 OF 12 ADDITION PROPOSED LEFT ELEVATION JOB 1521 SCALE: 1/4" = 1'-0" DRAWN BY:HW DATE, 1/27/I6 201-0" ADDITION EXISTING ,n OZ O O • V1 0 ,_- BEDROOM ID O_ 135 SO. FT. ,1, W q-0" 6'-4" 12'-11 1/2" 2O. BATH s z o Z BEDROOM BEDROOM #e ~ 151 SO, FT. & 135 SG. FT. ! V 1 N p 101-511I. v/ 2ft 2ft co 2A 0 OO a BEDROOM" DECK #q a q4 W. Fr. ^ 0 28'-5 q/I6" a 2A SULK HEAD DN. O 28'-q 3/4" ENTRY 3p ui q'-2" �1 7 L 121-1 1/2" ^IO'-8" : n I :_ n `o o 3- 7 2 DINING q,-7„ KITCHEN I I 6'-4" 4 W Q 1BA H EXISTING WINDOW TE a 5-I! I/2 m BED RAM LIVING ROOM v °D Val V Z Al 184.5 50. FT. CL Q a W > 12'-2" Z a s • FOYER 00 v U 14q SO. FT. g SHEET 4 OF 12 � � b PROPOSEDFIRST FLOOR PL.ANFLOOR PLAN SCALE: 1/4" JOB. 1521 DRAWN BY:HW DATE: 1/27/16 MMill,!i. 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Ilullilll- Ilillll III'i II'I".I � � 12'—O° li zi � s Hill I i,I+II'ill .;IIII Il'�II Illliil I' BED ROOMin " iI II III I'I'�I , IV I'�� +;, i!I P k t � III I,� it{!II {I�i'I I I!�II,I',IIII,IIIIjIII 112 SO.s xx� li 1 41 111'l l IIII . IIII I 11i1 l IIII j'I{I�I"Iu I`II I II I I� BED ROOM W 1 II i' IIII III !I I I II�'I+ !! I'II� I, ili`lill ,IIII 'Itlllll III LU 135 SO. FT. - ! ifI � DN — til II,III!I III III-i ! III' nli ' IIIIJI Hill ! - WI ', I; gg O 'I{II II tl'{II I IIII I III II 16 I� ss.:w R? � $ I 1 I— .f� Z V/ IIII { , III f , II d W 7 l Ill;i 1 IIIII iIi!ij ll' !II;I'I:III il'I!!Ig 13-0 uz 12'-0° a Z Q W lik 1 IIIII,II!! I'I ;IIII !I III Z III ! :I I, I I II ') - 'IIIII II f) nII III II ill I I,,I ❑ BED ROmCW U? o BED ROOM ® 111 li II iil I 'lit !iilIIII'',ii i LIi!IIIIII O N•. ,� �.. I +II III II II' "I I�II'I llf'i I 156 SO. FT. .. 132 SO. FT. '{WHII IIII ii{' I I 11 IiI l{IIII' � � a lllfilllfll I'II II 'I III SHEET 5 OF 12 - 34'-On PROPOSED SECOND FLOOR PLAN SCALE: 1/4" 1'-0" JOB. 1521 DRAWN BY:HW DATE: 1/27/I6 18-0 EXIST ING 20'-0" ------------------- I------------------- I V1 O I I C NOTE- ES5 '' ANCHORBOLTS CREATE I FROM CORNERS w ASHERs 3'x3"xl/4' I � I I M _CRAWLYING PAGE � - ';. T I WO CON WALL *n/z ' I :• I 10"x1 'CONTITIN000S FOOTING , I t.i I NEW CRAWL SPACE j, — — MATCH IXISTING— ^ N I ;' I - - FLOOR EXISTING ------ \ O HEAD gi_0n 20'-0" �U)rr (� W O TYP. RmF RIDGE VENT 2xSe • 16' O.G. 2x10 RIDGE BOARD R30 F.G. INSUL./ S/S' PLYWOOD SHEATHING/ ' OG ASPHALT SHINGLES ADJUST NEW ROOF PITCH �b to/s• 12 SO NEW RIDGE DOES NOT OC EXCEED EXISTING RIDGE HEIGHT Lu TRUE EXCEED .H2.S Lu HANG CEILING FASTENERS AT ALL (�/ Q MID SPAN RAFTER/ TOP PLATE R3$ F.G. INSUL. JUNCTIONS TYP. 2x8e V I6 O.G. TYP- EAVES N EXISTING MATCH EXISTING TRIM U Z _ BASEMENT 1x3 STRAPPINLu G O CONTINUOUS VENTING SOFFIT O O Z QZ 1/2" GYP. BOARD a Z J TYP. EXTERIOR WALL IL 3 Q I b EXT. STUDS• Ib' O.C./ Lu 1� b' R21 F.G. INSUL./ Z 1/2' PLYWOOD SHEATHING/ TYVEK WRAP/W.G. SHINGLES s MATCH IXISTINGG 2x6e® Ib O.G. FLOOR HEIGHT V (2) q 1/2" LVL GIRT— R21 F.G. INSUL. 3 1/2' LALLY COLUMN NEW 6 MIL VAPOR BARRIER CRAWL SPACE , , iv �... SHEET 6 OF 12 22'-O" FOUNDATION PLAN ADDITION CROSS SECTION SCALE: I/4" = P-O" SCALE: 1/4" 1'-0" JOB: 1521 DRAWN BY: KW DATE: 1/27/16 H 111 V W A � . ADDITION EXISTING ;^ 20'-0" O �5 l 2x8e 0 NV O.G. W O L, I, 2x10 RIDGE Z O 2x8e 0 16, O.C. C .. MW 3 I I -- LAY-OVER i i I .--- -- ------. _ _—._._,_._— .�----....._.„ _ W VALLEYS I I = - - LU (3) 2xB HDR Q LAYOVER VALLEYS z - � O Z - -- - -- ---- rL 3 Q z = 0. Lo ROOF FRAMING PLAN SCALE: 1/4" I'-0" SWEET 7 OF 12 : 52 : .105, 1521 DRAWN BY, NW DATE: 1/27/16 DOUBLE ROw RAFTER ® 16" D.C. ��1 U) . STAGGER NAILIN V "\\(YY»' INTO BOTH PLATES uu 2x6 DBL TOP PLATE r^^ co H2.5 0 EA. RAFTER s ° A 5 ° P 00 TOP PLATE °° VERTICAL STRUCTURAL PANEL NAILED ad COMMON ^ ® 3 O.C. EDGE AND 12" IN FIELD RAFTER TO PLATE CONNECTION SCALE: N.T.S. DOUBLE ROW STAGGER NAILING- INTO BOX AND SILL I li II II M LL ca O SCALE: N.T.S. �I F0ULL HEIGHT SHEATHING -SINGLE FLOOR JOINT DESCRIPTION NUMBER OF NUMBER OF NAIL SPACING 1 COMMON NAILS BOX NAILS ROOF FRAMING 0 BLOCKING TO RAFTER (TOE NAILED) 2-8d 2-10d EACH END .. RIM BOARD TO RAFTER (END NAILED 2-16d 9-16d EACH END WALL FRAMING TOP PLATES AT:INTERSECTIONS (FACE NAILED) 4-16d 5-16d AT JOINTS STUD TO STUD (FACE NAILED) 2-16d 2-16d 24" O.C. HEADER TO HEADER (FACE NAILED) 16d 16d 24" O.C. ALONG EDGES FLOOR FRAMING JOIST TO SILL, TOP PLATE OR GIRDER (TOE NAILED) 4-8d 4-IOd PER JOIST w BLOCKING TO JOIST (TOE NAILED) 2-Bd 2-10d EACH END BLOCKING TO SILL OR TOP PLATE(TOE NAILED) 3-Ibd 4-16d EACH BLOCK w U4 LEDGER STRIP TO BEAM OR GIRDER(FACE NAILED) 3-16d 4-16d EACH JOIST ly JOIST ON LEDGER TO BEAM(TOE NAILED) 3-16 3-6d PER JOIST BAND JOIST TO .JOIST (END NAILED) 3-16d 4-16d PER JOIST N BAND JOIST TO SILL OR TOP PLATE (TOE NAILED) 2-16D 3-16d PER FOOT U Z (n J WIND ZONE WALL COMPLIANCE: ROOF SHEATHING o p Z WIDTH- 26% OF EACH WALL RUN WOOD STRUCTURAL PANELS Q W VERTICAL SHEATHING WITH Q 8d NAILS 3" EDGE/12" FIELD - RAFTERS OR TRUSSES SPACED UP TO 16" O.G. ad IOd 6" EDGE/6" FIELD W (4)16d NAILS PER FT BOTTOM PLATE RAFTERS OR TRUSSES SPACED OVER 16" O.C. 8d IOd 4" EDGE/6" FIELD Z LENGTH- 17% OF EACH WALL RUN GABLE ENDWALL RAKE OR RAKE TRUSS w/o GABLE OVERHANG ad IOd 6" EDGE/6" FIELD LO GABLE ENDWALL RAKE OR RAKE TRUSS w/ STRUCTURAL Bd 10d 6" EDGE/6" FIELD VERTICAL SHEATHING WITH OUTLOOKERS 8d NAILS 3" EDGE/12" FIELD GABLE ENDWALL RAKE OR RAKE TRUSS w/ LOOKOUT BLOCKS ad IOd 4" EDGE/4" FIELD (4)16d NAILS PER FT BOTTOM PLATE CEILING SHEATHING GYPSUM WALLBOARD 5d COOLERS - 7" EDGE/10" FIELD _ WALL SHEATHING WOOD STRUCTURAL PANELS SHEET 8 OF 12 _ STUDS SPACED UP TO 24" O.G. ad lOd 6" EDGE/12" FIELD Jz" AND 2%2" FIBERBOARD PANELS 8d - 3" EDGE/6" FIELD Y2" GYPSUM WALLBOARD 5d COOLERS - 7" EDGE/10" FIELD FLOOR SHEATHING 53 WOOD STRUCTURAL PANELS I" OR LESS ad IOd 6" EDGE/1" FIELD GREATER THAN 1" IOd 16d 6" EDGE/6" FIELD JOB: 1521 DRAWN BY: HW DATE: 1/27/16 o u) H N ' � O W A � � o gymLl � z LU ap Mw N � Z w Q � W Q J Z }- W EXISTING FRONT ELEVATION ,n = v SCALE: 1/4" = V-0" SHEET 01 OF 12 xi JO5, 1521 DRAWN BY, HW DATE: 1/27/16 • F-''i L(1 V W A � RIDGE v, w � a TH p TOP OF WALL - - i ® ® ® ® ® ® w w - Z o FIRST FLOOR O z j LU LU Z W U') _ EXISTING REAR ELEVATION SCALE: 1/4" = I'-0" 544EET 10 OF 12 M2- ' J08� 1521 DRAWN BY, HW DATE, 1/27/16 r 201-0" z �� 'n ul 04 o I� p LIV ROOM BE $ L FT BELOW (\ m EXISTING COTTAGE SECOND FLOOR PLAN W Z 34'-0° SCALE: 1/4" 1'-0" _ O c0 .a 'IDBATH : II'-11° Y 12'-O" BLED ROOM m W 112 So. FT. mn�m�=wmm - Lu gBED ROOM —�2 135 30. FT. o � 3z Q d n 0. w Q J LD BLED ROOM UP r o #5 D ROOM 156 So. FT. 132 50. FT. • SWEET 12 OF 12 gATE- 1/27/16 EXISTING MAIN MOUSE SECOND FLOOR PLAN SCALE: I/4" = I'-0"