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HomeMy WebLinkAbout0051 OLD COLONY ROAD �/ d,� .; w t �, 1. , h i Polcaro Homes, Inc. OL W&kk eL IF Joseph C. Polcaro General Manager BA P.O. Mills, Phone(508)20-1232.Fax 508)420-4 604 fop *AW W, 61, o 314 G-E D E7,11 L U 0 0 1 X �l f OS r. 11'7"TI"go �� S Ti�/Uj w", W 0 0 0 lu 1 �fX /'os r 4-77/"go .0 /�/ ��o I 4 / � W F 3/4 FA G-F D ETit 1 L. 0 p o �x l°oS r 4-77/"90 /Q 4R //V\3 Tf ZL410 �� �� S 71 411V� The Town of Barnstable permit no._ Department of Health,1 Safety and Environmental Services XAM 1 Building Division date a �`� 367 Main Street,Hyannis MA 02601 fee Application for Sign Permit Applicant: : o ph C. Polcaro Assessor's no. 309 -Pa2831 Doing Business As:_ G-P Affordable Home Corp. Telephone (508) 420-1232 Sign Location streettroad: Old Colony Road, Hyannis MA Zoning District RB Old King's Highway District? yes no X Property Owner Name: G-P Affordable Home Corp. Telephone 420-1232 Address: 3111 Falmouth Road, Marstons Mills Village Marstons Mills Sign Contractor Name: Peach Sian Co. Telephone 477-0500 Address: 175 Farmersville Road Village Sandwich MA, Description Diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sig to be drawn on the reverse side of this application. Is the sign to be electrified? yes no x (Note: if yes, a wiring permit is required) I hereby certify that I am the owner or that I have the authority of the owner to make application, that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinances. Date Signature of Owner/Authorized Agent Size (sq. ft.) 3' X 4' = 12 sa.ft. Permit Fee Sign Permit was approved: disapproved: Date Signature of Building Official 4.10'. S 80'33 LS" 193.63' 119.53' 0 . 1lo CV ti� N� hry LOT 1 LOT 2 11,594 sq.ft h� -- 0.26 Acres ern' 18,387 sq.ft 0.42 Acres ' r 17 9.53. �2 0 No S 8p733, h r` 25• C � 0 122.13' N 80'33'25" W N S 80°33'25" E 121.12. o 0 rn i 25 - - 3 ;o LOT 3 LOT 5 . N - " 0 10,201 sq.ft 17,920 sq.ft ' 0.23 Acres o, y 0.41 Acres to p 00.90' V p 0E 149.• W S 7.9`07'06" in MoM !q � 1 `ice L o LOT 4 S 0 8,868 sq:ft ryrV 0.20_Acres o� � ti 1 J �L 01 ,o J irioA CHAPIN A ' r PAGE 232 (D 78.49,tj / S 80^33'25. N 80°33' �oN 10 zs" w h• .0 4 120-28, 'oh ' LOT 6 EIRB p, N - = FND N/F �, 11,790 sq.ft FND AROLE A. RAPPEPORT a! 0.27 Acres H 5648 PAGE 50 a ---- — ----iP o FND h a � f V oo h N/F e 1RLES H. k JEANNE M. BEARSE �� / D BOOK 903 PAGE 420 p ^� d The Town of Barnstable permit no.,___`__ Department of Health, Safety and Environmental Services 1 . Building Division dace 367 Main Street,Hyannis MA 02601 fee Application for Sign Permit Applicant: joseph C. Polcaro Assessor's no. 306 -Pa2831 Doing Business As: GP Affordable Home Corp. ' Telephone (508) 420-1232 Sign Location street/road: Old Colony Road, Hyannis MA ; Zoning District RB Old King's Highway District? yes no x Property Owner Name: _ GP Affordable Home Corp. Telephone 420-1232 Address: 3111 Falmouth Road, Marstons Mills Village Marstons Mills Sign Contractor Name:_ Peach Sian Co. Telephone 477-0500 Address: 175 Farmersville Road Village Sandwich MA Description Diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sign to be drawn on the reverse side of this application. Is the sign to be electrified? yes no x (Note: if yes, a wiring permit is required) I hereby certify that I am the owner or that I have the authority of the owner to make application, that the information is correct afid that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinances. Date Signature of Owner/Authorized Agent Size (sq. ft.) 3' x 41 = 12 sa.ft. Permit Fee Sign Permit was approved: disapproved: Date ` Signatue of Building Official rya �yN o° m° LOT I z LOT 2.. q 11s94 eq.fl yry 0.26 Acros mm' 18.387 sq.ft `l 0.42 Acres 119.g3• S 80°33.28'E 122.1J' N 8 21,25' µ, S S 80=33,25, 12' 8 o' m zs 3 � O LOT 3 4 I LOT-S 10,201 sq.ft CT 17.920 sq.11 o 0.23 Acres my V 1 0.41 Acres y p b Q N 100.90. pV CE.14s W n mp• 4 N h Iz 1 1 z c - LOT 4 1 f~ S 8.868 eq,ll ti J 0.20 Acres y 1 ut � £U I1 NIIA CNAPIN PACE 232 m a1 78,49. r' S 80•JJ'25'E y IW N 8p0285 W LOT_G sae n/i a, 11.790 eq.ft FND . . XROtE A RAPPEPORI 0.27 Acres t 5648 PACE 50 __..._. IF. "o FND o 0 N' � J N m N. FAN D 0 9,JNE 4.BFARBE BOON 03 PAGE % \ 1 ~�~ S.80' 74:J 0 3s 93.63' 119.53'. lb � ryry ry0 rye, h�, .o° C° LOT 1 LOT 2 — 11,594 sq.ft ,nN 0.26.Acres poi 18,387 sq.ft 0.42 Acres c 119.53 �? w S:80'33'25" E o� 0 122.13' 'O N 80^;,.2 N 5� W o S 80° 2 33'25" e �o i 25 _ LOT 3 LOTS N " Al rn' 10,201 sq;ft o 17,920 sq.ft o 0.23 Acres 0.41 Acres N 0 co y� N 100.90'. ICE 149 w $ ,9°0j'06" E ! ° o ;s • 0 3 t3 g LOT 4 ti 8,868 sq.ft NA q 0.20 Acres N oo R, c'� Qo' N '�► 1 �G 10 INDA CHAPIN �p - L PAGE.232 - CD 78.49, �. S 80°33'25" h iw N 80-33'25- W o 1f 120.28, N W �o /V LOT 6 eRe N/F Q 11,790 `sq.ft. FND 'AROLE A. RAPPEPORT CQ 0.27 Acres R 5648 PAGE 50 ——_--IP o FND h o � 'L V cy h o (oo N/F / CP UtLES H. h JEANNE M. BEARSE Co '• D BOOK 903 PAGE 420 0s /I of� �1� �� �s�� • Town of Barnstable Zoning Board of Appeals Appeal No. 1995-31 - Old Colony Chapter 40 B Comprehensive Permit Decision and Notice Summary: Granted with Conditions Applicant&Owner G P Affordable Home Corporations ;Address: 311 tFalmouth Road, Marstons Mills,,MA 02648.roperty Location: Old_ColonyRoad;Hyannis;MA=02601 __ Assessor's Map/Parcel: 306-283 Zoning: RB, Residential B Zoning District Applicant's Request: Comprehensive Permit in accordance with MGL Chapter 40B, Affordable Housing, for the development of 6 single family detached dwellings 2 of which are affordable units. Procedural Provisions: MGL Chapter 40B, Section 20-23, 760 CMR 30.00, 31.00&45.00 APPLICANT: The Applicant is G-P Affordable Home Corporation, a Massachusetts Limited Dividend Organization (LDO) organized and doing business under the General Laws of Massachusetts Chapter 156 B addressed as 3111 Falmouth Road, Marstons Mills, MA 02648. RELIEF REQUESTED: The Applicant has applied for the issuance of a Comprehensive Permit No. 1995-31 pursuant to M.G.L., Chapter 40B, Sections 20-23, and proposes to build low or moderate income housing under the Commonwealth of Massachusetts Executive Office of Communities and Development ("EOCD") Local Initiative Program ("LIP'). The proposal is for the subdivision of a 1.81 acre parcel of land located in Hyannis Massachusetts along Old Colony Boulevard. The applicant presented several alternatives for the layout of the subdivision and homes. Alternative schemes were also looked into with varying density and lot configurations. The Board and applicant mutually agreed that the Plan titled "Site Plan of Land in (Hyannis) Barnstable MA", prepared for Funding Services, Inc., and drawn by Down Cape Engineering, Inc.which shows a 6 lot subdivision of single family detached dwellings 2 of which are affordable units would be the approved plan for development. This determination was based upon the Board's desire to provide the maximum number of affordable units economically feasible without imposing overly dense development into the neighborhood. Lot 1 consists of 11,594 sq. ft. Lot 2 consists of 18,387 sq. ft. Lot 3 consists of 10,201 sq. ft. Lot 4 consists of 8,868 sq. ft. Lot 5 consists of 17,920 sq. ft. Lot 6 consists of 11,790 sq. ft. With the exception of Lot 4, all 6 of the lots have a minimum of 10,000 sq. ft of area. The scale on this plan is 1 inch =20 feet, and it's dated May 8, 1995. The Board noted for the record that although the plan makes reference to "Funding Services, Inc., the present land owner,this comprehensive permit is issued to the applicant only, G-P Affordable Home Corporation. The homes proposed for development would be single-family detached homes, varying in design and including single story ranches, one and one-half capes and modified capes in style. The homes °would range in size from two to three bedrooms and have one or two baths. The lots would be accessed by shared paved driveways and-the lots will be landscaped appropriately. Of the new homes to be developed on the lots, four(4)would be for sale at market rates, and two (2) would be for sale as low or moderate income housing units as defined in M.G.L., Chapter 40B, Section 20 and in 760 CMR 30.02. The low or moderate income units(also referred to as"LIP units') Zoning Board of Appeals Decision and Notice Appeal Number 1995-31 Old Colony Ch. 40B will be sold for a maximum of$80,500 . The other housing units will be for sale as market-rate units, in the range of$104,900 to $114,900 per unit. LOCUS: The locus is a 1.81 acre parcel of land located along Old Colony Boulevard in Hyannis, shown on Barnstable Assessor's Map No. 306 as Parcel 283. PLANS and MATERIALS SUBMITTED: In seeking the Comprehensive Permit,the Applicant has submitted the following plans and materials to the Board: 1. Site Plan titled"Site Plan of Land in (Hyannis) Barnstable MA", prepared for Funding Services, Inc., and drawn by Down Cape Engineering, Inc., Dated May 8, 1995. 2. Development Cost pro forma on behalf of petitioner dated April 5, 1995 showing total development costs overall at$600,000, and each unit cost at$98,562. 3. A series of elevations of the proposed 3 styles of homes to be built: Style `A'-to be built on Lots 6+ 3, are Cape style with dormers and 3 bedrooms and 1 1/2 baths; Style 'B'-to be built on Lots 4+ 1, are Ranch style with 3 bedrooms and 1 and 1/2 baths; and Style 'C'-to be built on Lots 2+ 5, are 1 and 1/2 story Capes with 3 bedrooms and 2 baths. The home on Lot 2 and 5 are to be the affordable homes. FILING AND NOTICE: The Application was duly filed on January 27, 1995 and extended for a public hearing by the applicant. Notice was given as required by law, including the timely notification of boards and commissions of the Town of Barnstable, as applicable, and the publication March 03, and March 09, 1995, in the Barnstable Patriot, a weekly publication having circulation in the Town of Barnstable. A public hearing was opened by the Board of Appeals on the evening of March 15, 1995, and continued to April 05, 1995, and to May 03, 1995 and again to May 09, 1995 at which time the Zoning Board of Appeals rendered its decision. Board Members sitting on this appeal are: Chairman Ron Jansson, Gene Burman, Emmett Glynn, Tom DeRiemer, Dexter Bliss and Richard Boy. HEARING PROCEDURE: In accordance with the requirements of Chapter 40B,the Board notified all pertinent Town Departments and Boards, and the regional Planning Agency requesting review and input on the proposed project. Notices was sent by the Board Chairman, Gail Nightingale by letter dated January 27, 1995. Comments were received from various town boards and agencies including the following: Conservation Commission of the Town of Barnstable, dated March 15, 1995, noting that no wetlands exist on site but do exist within 100 feet of the site across from Old Colony Boulevard. The Commission expressed an interest in assuring that all drainage remains on-site. Cape Cod Commission, letter dated March 08, 1995, citing that the project is consistent with the guidelines and policies of the regional planning agency. Town of Barnstable Planning Board letter of March 10, 1995, reviewed the proposed development plans and expressed concerns for the limited distribution of affordable sites throughout the town. Letter of December 19, 1994 from Ralph Crossen, Building Commissioner, summarizing concerns expressed at Site Plan Review Committee meeting on the early plans. 2 i Zoning Board of Appeals Decision and Notice Appeal Number 1995-31 Old Colony Ch. 40B Board of Health letter dated March 2, 1995, noted that the development is not within a Groundwater Protection District and will be connected to Town Sewers and that it will not alter groundwater in the area. In addition,the board received a letter from William Flynn, dated March 13, 1995, the owner of Captain Gosnold Village stressing his concerns even though he couldn't attend, about parking in the summer on Old Colony Boulevard. The Captain Gosnold Village Board of Trustees, in letter to the Board dated March 08, 1995, also expressed serious concems over the proposed development and noted their objection to the project. FINDINGS AND DECISIONS: Standing: At the hearing of April 05, 1995, a motion was duly made, seconded and voted that the Board find the following facts as related to standing of the applicant before the Board: 1. The Applicant G-P Affordable Housing Corporation is a Limited Dividend Organization (LDO) as documented under the Articles of Organization dated May 4, 1988 and verified by the March 17, 1995 Certificate of Good Standing issued by the Commonwealth of Massachusetts Department of Revenue. 2. The Applicant's Local Initiative Program (LIP)Application was submitted to the State Executive Office of Communities and Development (EOCD) in mid December of 1994. The application was approved with conditions under the LIP on February 03, 1995 as per letter to Warren J. Rutherford from EOCD. Conditioned upon the final approval by EOCD of the proposed project as a LIP project, the project meets the requirements of 760 CMR 31.01 (1) (b), low and moderate income housing. 3. The applicant, has a Purchase and Sale (P&S)Agreement for the property from its present owner, Funding Services Inc. as per letter titled "Agreement"dated July 22, 1994. On May 09,the applicant submitted a copy of an extension of this P&S. That extension was dated May 09, 1995 and extended the P&S to June 02, 1995. Therefore,the Applicant does have standing to apply for a Comprehensive Permit under M.G.L., Chapter 40B, Sections 20-23 and 760 CMR 31.01. The Vote was as follows: AYES: Chairman Ron Jansson, Gene Burman, Emmett Glynn, Tom DeRiemer, Dexter Bliss and Richard Boy NAYS: None Findings of Fact: At the conclusion of the May 09, 1995 hearing, after discussion, based on the evidence submitted, and the finding that the Applicant has standing to apply for a Comprehensive Permit under M.G.L., Chapter 40B, the Board, by a motion duly made and seconded, voted on the following findings: 1. The Town's chief executive, Warren J. Rutherford, Town Manager, endorsed the project under the Local Initiative Program on December 13, 1994 after the project was considered by Councilor Gloria Rudman and Council President Harold Tobey. 2. Cape Community Housing Trust expressed support for the project on August 18, 1994 by letter signed by Patricia A. Pap, Clerk. 3. The Applicant has standing to apply for a Comprehensive Permit under M.G.L., Chapter 40B. However, the project will only meet the requirements of"low or moderate" housing under 3 Zoning Board of Appeals Decision and Notice Appeal Number 1995-31 Old Colony Ch. 40B M.G.L. Chapter. 40B upon final approval by EOCD of the project as a LIP project and upon execution of a regulatory agreement. 4. The Town of Barnstable does not meet the minimum thresholds for low and moderate income housing contained in M.G.L., Chapter 40B, Sections 20-23. According to the 1990 U.S. Census there were 18,573 year-round housing units in the Town of Barnstable. The goal under M.G.L. Chapter 40B is to provide ten percent (10%) of that housing stock as affordable, or 1,857 units. The current estimate is that there are only 719 affordable units or 3.87%. 5. The locus is a 1.81 acre site bordering and accessed from Old Colony Boulevard Hyannis, Massachusetts. The site was once developed, but is today vacant. It had also been used as a staging yard for utility improvements in the neighborhood. The lot in its present state represents a blight on the surrounding neighborhood. 6. The locus is in a RB, residential B, Zoning District. 7. The locus is not within a zone of contribution for a public water supply. 8. The surrounding neighborhood is densely developed with a variety of homes and multi-family dwellings developed on less than the one acre lot size now required under zoning for this district. Many of the surrounding dwellings and some neighboring land uses do not conform to the principal permitted uses of single family detached dwellings within the RB zoning district. 9. The proposed units will all be single family detached units on separate lots ranging from 8,868 sq.ft to 18,387 sq.ft. in land area. 10. The homes are to range in size from approximately 1,100 sq.ft. to 1,600 sq.ft. and contain from two to three bedrooms and one to two bathrooms. 11. The density of the development shall be 1 unit per 0.30 acres which is consistent with the LIP guidelines and with the recommendations of the Cape Cod Commission, the regional Planning agency and the Town of Barnstable Planning Department as well as the Cape; Community Housing Trust. 12. Town sewer is available in this area and the applicant has agreed to connect each unit with town wastewater treatment prior to.occupancy of the units. Connection of the units shall be in accordance with the requirements of the Department of Public Works. 13. The structures shall be connected to and served by public water. 14. Utilities, through the Commonwealth Electric Company and Colonial Gas Co., are available at the locus and shall be constructed underground. 15. The unit mix for the development will be as follows: Two (2)single family dwellings, located on Lots Numbered 2 and 5, shall be affordable housing LIP dwellings for sale at a maximum of$80,500 each. There shall be 2 LIP units available for sale at a maximum price of$80,500, which units shall be subject, in perpetuity to a deed restriction, requiring that the unit be owned and occupied by eligible persons of low or moderate income, or owned by the Town of Barnstable or EOCD pursuant to the terms of the Regulatory Agreement. In the event of the elimination of the LIP program, the definition of an "eligible low or moderate income person shall be defined by any other state or federal housing program that defines said term. Four(4)single family dwellings, shall be market units for sale at an anticipated selling price of $104,900 to$114,900. 16. Because of the threatened loss of affordable housing'units within the Town of Barnstable and throughout the region (Barnstable County)due to "expiring uses"and in view of the Town's current deficit in affordable housing units, it is consistent with local needs. The Board 4 Zoning Board of Appeals Decision and Notice Appeal Number 1995-31 Old Colony Ch. 40B recommended that every effort be made to give first preference to existing residents of the Town of Barnstable. The vote on the findings was as follows: AYES: Unanimous 'NAYS: None Decision on Waivers At the May 09, 1995, Public Hearing on this application, a motion was duly made and seconded, that based upon the findings,the Zoning Board of Appeals granted the following: Waivers from the following sections of the Town of Barnstable Zoning Ordinance: Section 2-3.2 Conformance to Bulk and Yard Regulations Section 3-1.4(5) Bulk Regulations: Minimum Lot Area and Minimum Lot Width Section 2-3.4 Lot Shape Factor In this instance,the Zoning Board of Appeal shall act as the Planning Board for approval of the plans to be recorded. The vote on the waivers was as follows: AYES: Unanimous NAYS: None Decision and Conditions The Board, based on the above findings and the waivers granted, by motion duly made and seconded, voted to grant Comprehensive Permit No. 1994-31 subject to the following terms and conditions: 1. This comprehensive permit is specifically conditioned upon final approval by EOCD of the project as a LIP project and upon execution of a regulatory agreement under the LIP program. 2. A plan, suitable for endorsement by this Board, and recording at the registry of deeds shall be prepared by the applicant. That plan shall be Plan Title: "Definitive Plan of Land in Barnstable (Hyannis), MA prepared for Funding Services", dated May 08, 1995 and scaled 1 inch = 30 feet. The plan shall reference this decision and shall document the imposed setback in this decision. 3. Principal permitted use of the lots created by this Comprehensive Permit shall be limited to a single family dwelling and attached or detached accessory uses to that single family dwelling. 4. The development will provide two (2)single family dwellings, located on Lots Numbered 2, and 5, as affordable housing LIP dwellings for sale at a maximum of$80,500 each. The affordable LIP dwellings shall be subject in perpetuity to a deed restriction requiring the dwellings be owned and occupied by low or moderate income persons. All of the affordable M housing units shall be at minimum three bedroom and two bathroom dwellings. 5: ` Setbacks-for all structures shall be 30 feet from Old Colony Boulevard right of way and 10 feet' all side or rear lot lines. In addition, all homes shall be setback from the common drive easements by 25 feet. Lot coverage shall not exceed 50% of the lot area. 6. Access to the lots shall be limited to two paved driveways located over common easements as illustrated on the plans presented. No lot shall take its access from any other location r 5 Zoning Board of Appeals Decision and Notice Appeal Number 1995-31 Old Colony Ch. 40B along Old Colony Boulevard. The driveways are to be developed and paved with a 6" subgrade and a 2"base coarse and 1"top coarse or better and as approved by the Town of Bamstable Department of Public Works,with suitable drainage to be determined by the Department of Public Works (limited to common access going into lots).Engineering Division. The drives are to be no less than 12 feet wide and shall extend into the buildable portion of each lot with an 8 foot wide drive. Each of the access driveways are to be a minimum of 20 feet wide at the entrances to Old Colony Boulevard to allow for two cars (one entering and one exiting)tuming at the location. The 20 foot wide apron shall extend for 20 feet from the edge of the right of way of Old Colony Boulevard. 7. Access easements shall be documented on the plan and easements to utilize and maintain the drives for both access and utility services shall be granted to all owners who take access from the drives. 8. All utilities shall be located underground. Any additional easements necessary for utility service shall be granted as necessary and specified on the plan to be endorsed. No structures shall be located on or above any easement. 9. All drainage and run-off shall be contained within the overall parcel and none shall be directed off-site onto neighboring properties or road ways. Each individual lot shall be graded so as to minimize run-off on to other lots, or on to the access driveways to the individual lots. 10. All dwellings shall have full basements located at minimum, 1 foot above the high groundwater as determined by test pits to be located in the area of each proposed dwelling. 11. All property bounds shall be set, and "as built"plans submitted to the file upon completion of the development. No occupancy-permits are to be issued for a particular lot until bounds have been set and all debris shall be removed and disposed of from the lot. There shall be no disposal of debris on-site. 12. No occupancy permits shall be issued until the dwelling unit is serviced with all utilities located underground, including public water and town sewers. The applicant shall be responsible for all costs to connect to utilities. 13 The dwellings shall not have electric heat, shall have full basements, low flow toilets and showers, and thermal windows and doors. 14. The entire site, including the parkway along Old Colony Boulevard for the length of the site shall be landscaped with at a minimum 3 to 4 inches of loam and seed, suitable street trees of 2 to 3 inch caliper planted along Old Colony Boulevard, 40 feet on-center for the length of the property and as approved by Town of Barnstable Tree Warden. The side and back perimeters of the parcel shall be appropriately screened with evergreens and deciduous vegetation varying in height from 3 to 5 feet at the time of planting. In addition, each home shall have appropriate landscaping installed inclusive of at a minimum one shade tree (2 inch caliper), one flowering shrub tree (1 1/2 inch caliper) and appropriate shrubs and evergreen foundation and/or entrance plantings. If any of the existing vegetation is seen by the applicant as being of value and reusable in the plan and development,the preservation of the trees can be counted to satisfy the landscaping requirements. 15. The dwellings are to range from approximately 1,100 square feet to approximately 1,600 square feet. The dwellings will be of wood frame construction designed in a Cape Cod-style with clapboard fronts, attractively landscaped and with night lighting as represented in the plans presented to the Board. The dwellings shall range from two to three bedrooms, 1 or 2 baths and full kitchen facilities. The structures location on the draft Plan are for illustrative purposes only and the applicant shall have the ability to locate the structures within the developable envelope of each lot as defined by the required setbacks imposed by this decision. 6 Zoning Board of Appeals Decision and Notice Appeal Number 1995-31 Old Colony Ch. 40B 16 A plan suitable for recording at the Barnstable County Registry of Deeds titled "Definitive Plan of Land in Barnstable (Hyannis), MA prepared for Funding Services", dated May 08, 1995 and scaled 1 inch= 30 feet and that references conditions imposed by this decision, stamped and signed by a Registered Land Surveyor shall be submitted to this Board for endorsement,and said plan shall be recorded within sixty(60)days of said endorsement. . 17 Prior to the issuance of any Building Permits, a Regulatory Agreement pursuant to the Local Initiative Program and consistent with the terms of this Comprehensive Permit shall be executed by EOCD,the Town of Barnstable by its Town Manager, and the Applicant, and a copy recorded at the Barnstable County Registry of Deeds, together with the applicable Deed Restriction approved by EOCD. 18 This Comprehensive Permit is granted to G-P Affordable Home Corporation. This permit shall not be transferred to any other corporation, person or entity. 19 This Decision shall be filed at the Barnstable County Registry of Deeds within sixty (60) days of the execution and issuance of this Decision by the Town Clerk of the Town of Barnstable. 20 Addressing and Number posting shall be in accordance with Town of Barnstable General Ordinance Article 5, Exhibit E, as to location of house number and posting. 21 No parking shall be permitted along the access way or along Old Colony Boulevard. All parking shall be within each individual lot and not within the panhandle of the back lots. 22 Curbing or Cape Cod Berms shall be installed along the common drives of 12 and 20 ft width as approved by the Dept. of Public Works Engineering Division. 23 A Homeowners Association shall be initiated by the developer and dues/assessments shall be required for maintenance and replacement of common elements/utilities including driveways, sewer, water and electrical. All 6 units shall be required to be members within the Association. The vote granting this Comprehensive Permit with Conditions was as follows: AYES: Ron Jansson , Richard Boy , Dexter Bliss , Tom DeRiemer,, Gene Burman ,and Emmett Glynn NAYS: None Order: Appeal No 1995-31 for a Comprehensive Permit in Accordance with MGL Chapter 40 B, has been granted with conditions. Any person aggrieved by this Decision may appeal to the Barnstable Superior Court as provided in Section 17 of Chapter 40A of the Massachusetts General Laws, by filing a Complaint in said Court as well as filing a Notice of such action with the Barnstable Town Clerk within twenty (20)days of the filing of this Decision with the Barnstable Town Clerk's office. Ron S. son, cting Chairman Date Signed I Linda Leppanen, 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 19 under the pains and.penalties of perjury. Linda Leppanen, Town Clerk This decision must be recorded at the Registry of Deeds. 7 PAR: 'R306 283: ='" W�.e..- PAR: R307 189: • ^h bar PAR: R307 187.003 KEY: 353003 TAX CODE:401 KEY: 218801 TAX' COOE:40C KEY:*. 354084 TAX CODE:4C( FUNDING SERVICES INC BARNSTABLE• TOWN OF (CEM) SUBROUSKI• JULIAN P B P 0 BOX 349 367 MAIN STREET SUBROUSKI• CYNTHIA A CENTERVILLE MA 02632—( )00 HYANNIS MA 02601—C100 23 WESTMORELAND RD HINGHAM MA 02043—( PAR: R307 187.004. PAR: R307 187.005 PAR: R307 188. KB7: 354093 TAX CODE:401 KEY: 354100 TAX CODE:40( KEY: 218794 TAX CODE:4C( CAMPELLO INVESTMENT CORP CORMIER• NANCY LEE WASHINGTON• SUSAN B . 1090 MAIN 5T 261 OAK NECK RD WASHINGTON• K A. & DEBARRO' BROCKTON MA 02401-1 )DO HYANNIS MA 02601-1 )00 260 OAK NECK RD HYANNIS MA 02601-1 'AR: R307 185. PAR: R307 208. *AR: R307 229. EY: 218767 TAX CODE:400 KEY: 218981 TAX CODE:400 CEY: 219132 TAX CODE:400 ARNSTABLE. TOWN OF (CEM) HAYWARD• FRANCES J 9 4USSEY• EDMUND J 8 57 MAIN STREET LLOYD• ELEANOR 8 RYAN• JUNE HUSSEY& HELEN F YANNIS MA 02601—DODO 7 LEXINGTON ST 5 SNOW CREEK DR BURLINGTON. MA 01803-0000 HYANNIS MA 02601-0000 AR: R306 218. PAR: R306 219. PAR: R325 143. =Y: 216251 TAX CODE:400 KEY: 216260 TAX CODE:400 KEY: 239343 TAX CODE:400 VEIL. EUGENE 8 MARY BARNSTABLE• TOWN OF (CON) LODA• WILLIAM P 54 OLIVER RD CONSERVATION COMMISSION XROCHE• IINDA C =MTON MA 02168-0000 367 MAIN STREET 17 SINGINGWOOD OR HYANNIS MA 02601-0000" HAVE'RHILL MA 01830-0000 PAR: R325 142. PAR: R306 216. PAR: R306 217. KEY: 239334 TAX COOE:400 KEY: 216233 TAX CODE:400 KEY: •216242 TAX CO.DE:400 SNYDER. ELIZABETH A HORSE. RICHARD P JR TRS i COGGESHALL. JOANE M 39 MARSH LANE NEWELL• BETSY TRS MARSH LANE AYANNIS MA 02601-0000 25 BRAGGS LANE HYANNIS MA 02601-0000 BARNSTABLE MA ,02630-0000 'AR: R306 116. PAR: R306 214. PAR: R306 117. :EY: 214921 TAX CODE:400 KEY: 216224 TAX CODE:400 KEY: 214930 TAX CODE:400 �ICIOCCIO. ROBERT A 8 DICIOCCIO, ROBERT A i MINCIELI• JOHN 8 REBECCA B �ICIOCCIOP BARBARA J DICIOCCIO• BARBARA-J 3o OLD COLONY BLVD 3 MARSH LANE - 43 MARSH LN HYANNIS MA 02601-0000 iYANNIS MA 02601-0000 HYANNIS . MA 02601-0000 AR: R306 122. PAR: R306 121. PAR: R306 120. IONING PRINT FILE BACKWARDS 1000Cll00 RECORDS *** E PAR: R306 283. PAR: R307 189. PAR: R30T 187.003 KEY: , 353003 TAX CODE:400 KEY: 218801 TAX CODE:400 KEYz 354084 TAX CODE:400 FUNDING SERVICES INC BARNSTABLE. TOWN OF (CEM) BUBROUSKI. JULIAN P 8 P 0 BOX 349 367 MAIN STREET BUBROUSKI. CYNTHIA A CENTERVILLE MA 02632-0000 HYANNIS MA 02601-0000 23 WESTMORELAND RD HINGHAM MA 02043-0000 PAR: R307 1.87.004 PAR: R307 187.005 PAR: R307 188. KEY: 354093 TAX CODE:400 KEY: 354100 TAX CODE:400 KEY: 218794 TAX CODE:400 CAMPELLO INVESTMENT CORP CORMIER. NANCY LEE WASHINGTON, SUSAN 6 1J90 MAIN ST 2o1 OAK NECK RD WASHINGTON• K A k DEBARROS BROCKTON MA 02401-0000 HYANNIS MA 02601-0000 260 OAK NECK RD HYANNIS MA 02601-0000 PAR: R307 185. PAR: R307 208. PAR: R307.229. KEY: 218767 TAX CODE:400 KEY: 218981 TAX CODE:400 KEY: 219132 TAX CODE:400 BARNSTABLE• TOWN OF (CEM) HAYWARD# FRANCES J d HUSSEY. EDMUND J 8 367 MAIN STREET _ LLOYD. ELEANOR 9 RYAN,, JUNE HUSSEY, HELEN F HYANNIS MA 02601-0000 7 LEXINGTON ST 5 SNOW CREEK DR BURLIN6TON MA 01803-0000 HYANNIS MA 02601-0000 PAR: R306 218. PAR: R306 219. PAR: R325 143. KEY: 216251 TAX COOE:400 KEY: 216260 TAX CODE:400 KEY: 239343 TAX CODE:400 ONEIL♦ EUGENE d MARY BARNSTABLE• TOWN OF (CON) LODA. WILLIAM P 164 OLIVER RD CONSERVATION COMMISSION XROCHE, LINDA C NEWTON MA 02168-0000 367 MAIN STREET 1T 3INGINGW00D OR HYANNIS MA 02601-0000 HAVERHILL MA 01830-0000 PAR: R325 142. PAR: R306 216. PAR: R306'217. KEY: 239334 TAX CODE:400 KEY: 216233 TAX CODE:400 KEY: 216242 TAX CODE:400 SNYDER. ELIZABETH A MORSE. RICHARD P JR TRS 2 COGGESHALI, JOANE M 39 MARSH LANE NEWELL. BETSY TRS MARSH LANE HYANNIS MA 02601-0000 25 BRAGGS LANE HYANNIS MA 02601-0000 BARNSTABLE MA 02630-0000 1 'AR: R306 116. t . PAR: R306 215. PAR: R306 117. (EY: 214921 TAX CODE:400 KEY: 216224 TAX CODE:400 KEY: 214930 TAX CODE:400 DICIOCCIO. ROBERT A d DICIOCCIO. ROBERT A 8 MINCIELI. JOHN d REBECCA B )ICIOCCIO• BARBARA J OICIOCCIO. BARBARA J 36 OLD COLONY BLVD -S MARSH LANE 43 MARSH LN HYANNIS MA 02601-GOOD 4TANNIS MA 02601-0000 HYANNIS MA 02601-0000 'AR: R306 122. PAR: R306 121. PAR: R306 120. .EY: 214985 TAX CODE:400 KEY: 214976 TAX CODE:400 KEY: 214967 TAX CODE:40C JOLE, JAMES A d KATHERINE IRELAND, EUNICE H NEESHAM. HARRY d 5 dR00K WAY ROAD 180 GOSNOLD ST WINTER, WIL4ARD D cSTBORO MA 01581-0000 HYANNIS MA 02601-0000 54 W 47TH ST NEW YORK CITY NY. 10036-0000 AR: R306 119. PAR: R306 '118. PAR: R306 117. EY: 214958 TAX KEY:KEY: 214949 TAX CODE:400 KEY: 214930 TAX CODE:400 RITE. NORMAN' J 8 MARJORIE BARNSTABLE• TOWN OF (RUN) MINCIELI. JOHN d REBECCA B J BOX 242 367 MAIN STREET 36 OLD COLONY BLVD oTUIT MA 02635-0000 HYANNIS MA 02601-0000 HYANNIS MA 02601-0000 _ PAR: R306 1'15.OM1 PAR: R306 115.OM2 y PAR: R306 115.OM3 KEY: 214388 TAX CODE:400 KEY: 214397 TAX CODE:400 KEY: 214404 TAX CODE:400 GULDEN• LINDA Jo TRUSTEE GULDEN. LINDA JULL GULDEN, LINDA JILL PANDORAS REALTY TRUST 230 GOSNOLD STREET 230 GOSNOLD STREET 230 GOSNOLD STREET HYANNIS MA 02601-0000 HYANNIS MA 02601-0000 HYANNIS MA 02601-0000 PAR: R306 115.OM4 PAR: R306 115.OM5 PAR: R306 115.0M6 KEY: 214.413 TAX CODE:400 KEY: 214422 TAX CODE:400 KEY: 214431 TAX CODE:400 GULDEN* LINDA JILL KILGORE• CYRUS A 9 DILL• THORA$ J 8 230 GOSNOLD STREET - KILGORE. JEFFREY 8 CHRISTYi GLENN C . HYANNIS MA 02601-0000 %HERITAGE—NIS SK FOR SVGS 38 MARY ELLEN DR NORTHAMPTON MA 01060-0000 LYNN MA 01904-0000 PAR: R306 115.OM7 PAR: R306 115.OM8 PAR: R306 115.01A KEY: 214440 TAX CODE:400 KEY: 214459 TAX CODE:400 KEY: 214468 TAX CODE:400 DILL. THOMAS J 8 DILL. THOMAS J 8 GULDEN• LINDA JILL TRS CHRISTY• GLENN C CHRISTY• GLENN C PANDORAS REALTY TRUST 33 MARY ELLEN DR 38 MARY ELLEN DR 230 GOSNOLD ST LYNN MA 01904-0000 LYNN MA 01904-0000 HYANNIS MA 02601—GOOD PAR: R306 115.018 PAR: R306 115.02A PAR: R306 115.028 KEY: 214477 TAX CODE:400 KEY: 214486 TAX CODE:400 KEY: 214495 TAX CODE:400 IRWIN. WILLIAM J KELLY. LAWRENCE R 6 GULDEN• LINDA JILL TRS IRWIN.• GERALDINE E KELLY• PATRICIA ANN PANDORAS REALTY TRUST 00 WHITE OAK ST 23 PLAYSTEAD RD 230 GOSNOLD ST NEW ROCHELLE NY 10801-0000 NEWTON MA 02158-0000 HYANNIS MA 02601-0000 PAR: R306 115.03A PAR: R306 115.03E PAR: R306 115.04A KEY: 214501 TAX CODE:400 KEY: 214510 TAX CODE:400 KEY: 214529 TAX CODE:400 JOHNSON• LEONARD H JR GARVEYs, ANDREW G WHITE, BARBARA d JOHNSON• SHIRLEE D 418 ASHMGNT ST SELARDIN£LLI. HILDA a BELVIDERE AVE DORCHESTER MA 02124-0000 104 EAST BROADWAY. APT B WORCESTER MA 01608-0000 MILFORD CT 06460-0000 PAR: R306 115.048 PAR: R306 119.05A PAR: R306 115.038 :EY: 214538 TAX CODE:400 KEY: 214547 TAX CODE:400 KEY: 214556 TAX CODE:400 iYDINGER• DONALD D 6 ELSA E BRAUER• GEORGE R 8 MARY FLYNN•. WILLIAM 8 DOROTHY 16572 THAMES LANE 4 GREEN MEADOW DR » WINDING LANE iUNTINGTON BCN CA 92647-0000 N READING MA 01864-0000 NORWALK CT 06851-0000 'AR: R306 115.06A PAR: R306 115.068 PAR: R306 115.06C :EY: 214565 TAX CODE:400 KEY: 214574 TAX CODE:400 KEY: 214583 TAX CODE:400 ARANOWSKY• DIANE M 8 BARANOWSKY• DIANE M 9 BARANOWSKY• DIANE M 9 URLEY• THERESA N CURLEY. THERESA N CURLEY• THERESA N 4 NORTH ST 94 NORTH ST 94'NORTH ST EYMOUR CT 06483-0000 SEYMOUR CT 06483-0000 SEYMOUR CT 06483-0000 AR: R306 115.07A PAR: R306 115.076 PAR: R306 115.07C EY: 214592 TAX CODE:400 KEY: 214609 TAX CODE:400 KEY: 214618 TAX CODE:400 ICHOLS, ANNA C CONDON• DAVID .J 6 HELEN J NICHOLS• ANNA C 30 GOSNOLD STREET•' 233 CEDAR ST 230 GOSNOLD STREET A 6 lC CAPT.. GOSNOLD VILLAG ASHLAND MA 01721-0000 7A 8 7C CAPT GOSNOLD VILLAG YANNIS MA 02601-0000HYANNIS MA 02601-0000 PAR; R306.115.08A PAR: R306 115.088 PAR: R306 115.08C KEY: 214627 TAX CODE:400 KEY: 214636 TAX CODE:400 KEY: 214645 TAX CODE:40C TOMASSO* FRANCES J MCCRYSTAL* EDWARD J 8 MARY GLADSTONE* ALAN 8 TRS 1� 0 BOWERS ST 12061 SUMMERGATE CIR, 101 A b G REALTY TRUST JERSEY CITY NJ 01307-0000 FT MYERS FL 33913-0000 59 STEVENS TERR RANDOLPH MA 02368-0000 PAR: R306 115.09A PAR: R306 115.098 PAR: R306 115.09C KEY: 214654 TAX CODE:400 KEY: 214663 TAX CODE:400 KEY: 214672 TAX CODE:400 FLYNN. WILLIAM H FLYNN• WILLIAM H FLYNN• WILLIAM H 55 WINDING LANE - , 55 WINDING LANE 5i WINDING LANE NORWALK CT 06058-0000 NORWALK CT 06058-0000 NORWALK CT 06058-0000 PAR: R306 115.10A PAR: R306 115.108 PAR: R306 115.1UC KEY: 214681 TAX CODE:400 KEY: 214690 TAX CODE:400 KEY: 214707 TAX CODE:400 WHITE. PEARL SHEERIN. WILLIAM E 8 MEDOA*INGEBORG EPPINS* JIMMIE F SHEERIN* PATRICIA A IN DEN KNACKENAU 9/11 351 OGDEN ST 18 THORNEURY.RD 8022 GRUENWALD ORANGE NJ 07050-0000 SCARSDALE NY 10583-0000 8EI MUENCHEN GERMANY 00000-0000 PAR: R306 115.11A PAR: R306 115.118 PAR: R306 115.11C KEY: 214716 TAX CODE:400 KEY: 214725 TAX CODE:400 KEY: 214734 TAX CODE3400 GULDEN• LINDA JILL TRS FITZGERALD. SUSAN M SWEENEY GULDEN* LINDA JILL TRS PANDORA'S REALTY TRUST SWEENEY* MARIE F PANDORA'S REALTY TRUST 230 GUSNOLD STREET 37 WEBSTER DR 230 GOSNOLD STREET HYANNIS MA 02601-0000 HOLLISTON MA 01746-0000 HYANdIS MA 02601-CODO PAR: R306 115.12A PAR: R306 115.12E PAR: R306 115.12C KEY: 214743 TAX CODE:400 KEY: 214752 TAX COOE:400 KEY: 214761 TAX CODE:400 KWON. JOSEPH S 8 VEONG S FREDERICKS. SHEILA W AcVILACQUA* ROBERT M 8 %CITY SAVINGS BANK 1105 LAKE SHORE OR #203 8EVILACQUA* MARIO 116 NORTH ST P 0 80X 1148 LAKE PARK FL 33403-0000 61 KNOLL ST PITTSFIELD MA 01202-0000 ROSLINDALE MA 02131-0000 PAR: R306 115.14A PAR: R306 115.148 PAR: R306 115.14C KEY: 214770 TAX CODE:400 KEY: 214f89 TAX CODE:400 KEY: 214798 TAX CODE:40C TOSCANO. ELIZABETH M TOSCANO. ELIZABETH M TOSCANO* ELIZABETH M PO BOX 15 PO BOX 15 PO BOX 15 HYANNISPORT MA 02647-0000 HYANNISPORT MA 02647-0000 HYANNISPORT MA 02647-0000 PAR: R306 115.15A PAR: R306 115.158 PAR: R306 115.15C KEY: 214805 TAX CODE:400 KEY: 214814 TAX CODE:400 KEY: 214823 TAX CODE:400 TILLINGHAST. WALTER C TILLINGHAST. WALTER C TILLINGHAST# WALTER C 3 COACH RD 3 COACH RD 3 COACH RD dALPOLE MA 02081-0000 WALPOLE MA 02081-0000 WALPOLE MA 02081-CODC PAR: R306 115.16A PAR: R306 115.168 PAR: R306 115.16C KEY: 214832 TAX CODE:400 KEY: 214841 TAX CODE:400 KEY: 214850 TAX CODE:400 DEGEORGE-DELPHIN. SUSAN GAY GULDEN* ALEXIS COTTER* JOSEPH PATRICK JR 1UO CEDAR ST 230 GOSNOLD ST* UNIT 168 COTTER* IRENE JACQUELINE DOBBS FERRY. NY 10522-0000 HYANNISPORT MA 02647-0000 3 LINDA ANN WAY MIDDLETON MA 01949—COOL PAR: "R306 115.17A PAR: R306 115.178 PAR: R306 115.17C KEY: 214869 TAX CODE:400 KEY: 214878 TAX CODE:400 KEY: 214887 TAX CODE:400 HELLWIG. ARLINE & THOMAS HELLWIG• ARLINE & THOMAS HELLWIG. ARLINE & THOMAS 3o WESTWOOD AVE 36 WESTWOOD AVE 36 WESTWOOD AVE NEW ROCHELLE NY 10801-0000 NEW ROCHELLE NY.10801-0000 NEW ROCHELLE NY 10801-0000 PAR: R306 115.13A PAR: R306 115.18E PAR: R306 115.18C KEY: 214896 TAX CODE:400 KEY: 214903 TAX CODE:400 KEY: 214912 TAX CODE:400 LOKSHIN. BORIS & MARINA WENK. ALAN J MULA. ROSARIO A & DOROTHY A 4 1RELAND RD 615 CENTRAL AVE 31 POTTER ROAD NEWTON MA 02159-0000 NEW HAVEN CT 06515-0000 WALTHAM MA 02154-0000 PAR: R306 101. PAR: R306 100. PAR: R306 102. KEY: 214244 TAX CODE:400 KEY: 214235 TAX CODE:400 KEY: 214253 TAX CODE:400 BEARSE. CHARLES H RAPPEPORT. GENE & CAROLE A KRIER. DONALD F & MAUREEN BEARSE. JEANNE M %dERTINI. CLAIRE D 36 WINTER LN 61 ANGELL RD 24 GREAT POND DR FRAMINGHAM MA 01701-0000 HYANNIS MA 02601-0000 SO YARMOUTH MA 02664-0000 PAR: R306 103. PAR: R306 233. PAR: R306 099. KEY: 214262 TAX CODE:400 KEY: 216395 TAX CODE:400 KEY: 214226 TAX CODE:400 BOUDREAU. JANE M CHAPIN. TIMOTHY H & MELINDA HARKINS. CHARLES A 8 ZERO BRATTLE DRIVE #5 PO BOX 217 HARKINS. BARBARA A ARLINGTON MA 02174-0000 HYANNIS MA 02601-0000 18-20 BODFISH PL HYANNIS MA 02601-0000 PAR: R306 232. PAR: R306 098. PAR: R306 096. KEY: 216386 TAX CODE:400 KEY: 214217 TAX CODE:400 KEY: 214191 TAX CODE:400 WOODs, C MARCIA & ARENBURG. PAUL H CHARTIER. JAMES R & TERRY ALLOTT. THCMAS J PO BOX 102 X SHAWMUT MORTGAGE CO 1J BODFISH PLACE E WEYMOUTH MA 02189-0000 CORPORATE CENTER WEST . HYANNIS MA 02601-0000 433 SOUTH MAIN ST 1 W HARTFORD CT 06110—CODO PAR: R306 097. KEY: 214208 TAX CODE:400 LAVALLEE. ESTER R LAVALLEE. RICHARD 10 CUMBERLAND ST :UMBERLAND RI 02864—OCOD s our or the crime scene wearing .he victim of some conspiracy; you needed:to.-getia,.good idea of how a San Francisco 49ers hat,one of O.J.'s aw O.J..is losing money.be- • much of a circus thisirialtas become,.j�old teams. Then,afterbein* ie Hertz car,rent4l. company look no furthcrv-O.J.1.s de g dismissed m as ispokesperson' '*: defense team. fromthejury, he said that thej dry�will hi. ' Geez, actually subpoenaed this poorwoman-..,.'.reach., a-verdict that);his h oortaste.in friends who was because the prosecu- in;, I i ks p Mex co.'at!-Ahe time�-to :,t h:" d n Iion as ma e a"pretty�itrofii case. -aeli 66d.1 say,lmore?); and testify-thatshe sa�v,O.J?.�s.,,wh*ite.Ford,..*-�.Wpi.�.' est� •'B�6 at integrity' is' without a'doubt;the b What h Wheiheroin not 6 J.',', ncoinhi.s.drivewAyatilieti.me that gets:Off is im- guy on 6W for murder(that's the prosecution-,s, .,'murders6c- :imaterial now..His lawyers could p ionJI carted., Mindy6trithisw rob- Oman doesn't iibly. appeal 'until well into the.:next -)pera wn rs coul n.t write a . ., ..'e ven.spek'En:! -4s .gh",N'6wsf as to the tihe_ century;� fidpos tpond,.0.j 4s-sen srtisentence than'this. &v � s),der'this cast of characters:• other cqrr k Mom , ;. mains,however t avenxiseen suchaO - to do . erjurordis at.s 'Isfig@reb�i�dsomudh missed f6 eing iased h favor.of when the trial is over? . MAKGAP0M-BHSboys9b;. referee s during Tuesday night's s LEGAL NOTICES -LEGAL NOTICES STABLE: mRD'OF'APPFALS-, RVATIION]COMMJSSJOM��. NOTICE #NG'UNIIJER'_*AE!ZON11Nb15dRj)j - IMOFBARNSTAiLE,.'Pl.� PUBLIC 0 WN;0 Fj BAR N STAwaj,-, CONSERvATiONCOMMISSI?dl NANCE' Z0117"PUBUMMEARING., • CVOF;PUBUd'A&AR1kG persk pm 0 er e-prcK1sIoK§!oP.Gdnekfi1 L 0-n-Wial,di '"'B"W D' E' Pealw-b-ftden'-Si- 'f Z' ;Sri .,...f General o M T all rli"dA lhtgrek"iib acted I* -.'r ­- 11 . , . ' A. r the iflons o Law CH, Oc o 31.s , nA0;-andArtfbIj-)"I­E'?1 -- "'- theretp,f of ments',jiCh if 6kelAyMoiliffe"41fik �Toflffimdtbb i08lnW6d§.-Ifie R'.Qp., q._6,Aj' ' - 'APPEAL NO'4,,',j 0'6t, �2fNigi* ir MOM,74.., _' ' " - f th 'T NN nandes 4 ? ...... Conserved Af Of nserva c mmidslon, a NMI; T.-appeadi . a I f? �-46001[iFdOF6'BfDWd-an'dJo-'y'ce, nga�Boart!'W'Ap P r.actorg4l P a s.� o' Spec �r*Pe"Qi'in'.�'*-"t'gik-',((,-�-P--i'-Ii--ibhI eithu n ST, 0. tZ;69'4;We`a`M`A('-! ont ea 'If rApp, ca 7'North St,,',V�trth.�!V[At uFall I;- �. I- I- .16".__a .- . . ifflno* A '.- bf:Michael!6ridJIIIUe1'8h 4 Prepick41 onan �upah yse ce., a =8 Iling.withsub.; 058' , p... Pro rty on ssoes*map,,ir�tl*dgtt,wl,-,C.N,-,�-,*I p as arce ;asAO'-IndU�W6,RiWdiliK4a7iibhim .wisfyMMI? asystem., Ifti.M4ed4ddand eaF s - 6 j located f0le"b"titie-wi"' rver s.-Andd6 id'ec 'irrn 'HELVONTHIS`PEft �&T*�--- 4 PUBLIC HEAR1NG:WILki§E- Ojq, t 7. areeKa M 'AP .30'.P:m PEAL pjgrppvg�, neil 9 e, a- e,- dte r rp. A� consf ered1tth _�.' ­j a nse, Hill,'367�'Mal .'ikt' W"OfIt . S, r.,Special A "4ance: Commjg U sappea 'Yols appealed :o A.4 s, 'All 46h-oiftheil 816h Miit@d�aff an proposedprioJec is s. 'i .,:.. Mndn-dIIohthj'0 6166kirig-Winbint 6' a w ­P,�11 * I j. I.Iq. I . r_ - a-app I ntr 95at76.3_d!P.A.* ropett Ulbhbi4flon%iiiis ?"M", - A 4 Cahseivatio'n-Comr6lesis yftt 9 so s��.60:3Mail?a ea H -addrLiited"-ig'Tdaf.-14o-"$-*SdhiV;Net 0ih,-.Wiiit�'Bameti3b[i'.jK4k-,_'Io cat RRI �cO m6h Hill' ,6 3 T M a MY,,Sty th. 6 f Ith d i`p`rop�di 6d:'P1r6j'ec'e_lb 6 r%m orij mml P U C6 lt Dr Eric Strauss liarmtan ."A PUBLIC HEARING'WIL'L BE ON. (S7,PETMO WAS a sl 0 .4 re iflfw .1.119 1q.1-111,il-11-ri H-troussi.chalr6w a 's Ig 08 p . i. , . i­ Merim#0906) Special a ffaccoid Pe ., ,j.,l rice OT ng. se o,reih�djjid n* s ng cottage M8 acid are to comply with Rr The Barnstable Patriot _. ', ... Th a .9 remdal except ritage a the 9951 ........ s no, ntage.1fl.h .0 sesso,s T a, 11 ;4e ownion,'A" JIM a. tq,-1 1, s a arch!2'*, 04" ORMYr_ ..Conlmolilyiddiissid-i!i,Tri"WN' es!Map 303-as.Parcel No:.007.,; OF PUBLIC HEARING, -T, etldentrhl-F,4Z6nilrijbiiM�E�, ?,MA:Iodated within a RR j. 1Sa Fir H TOWN OF 6ARNSTABLElf A PUBLIC.HEARINOMILL','BE VON THIS Ptft* ' - � . ....- ­� I with.Chaptirs 1138,136 and; .�EL ON AT 7-s6-P M'. a Ok APPEAL NO.:1'995;�3OHayik-,-�c,'�,i'��, h: i6T LICENIMN'G'AUTHaRrry i mei.el L i ikes arnen6id.Box Norman Hiq�es1_-TrWteb1rbeH&P J 45.'i-4;4hf HEARING. f aled 1c. h* st as petitioned 6 . ok to the Zoning'Board ".);N. ngAuthiorltyfbr.-'­-� brs Special Ch Ire I ConforMingUsi,166:r0bulk id' anga.'66i Non- 'r,16466o" of Description o* t'-O"I. -I ance With Cfibp ers-136' f premises for shown 4J4 co tage..-.Thb-l'r'o'p"e'rty Is an 1140c ortessesso?.�. ap203'as-P the General Law�*& 6 .a o-..0D'4Xc ssec 0,68.1 Fldda' Alcoholic.,Common\Actualei IbMMN6`2;S9ndy- ,d/b�/`q:Tro Vifiln4"AF-ft-R�jI & 6666i;of 1i _ho,(Boath ;criptiorimill now read as.fol-, c err n fjt-ct� j b.g..1, Ya A PUBLIC .,Jf9nedtheBamsf9bId[f&ijn I' -E Two Dining Roornsj Lounge. b ON THISj N sng.ut Chapter a Dall�land't Sunday I_Jv drtii LI• me- rpora on, IMp.plid heir ­-ibslar ' it' ens,..j., arvice.Bar and Sit-Down Bar rIZ By,�'a. nt Inmenh cifi,4.fo I f co tri )os ''T IC6 -a a ot 0reR �ifgd 12 North a eal f6i" 'S clh6e a r a pra .00'. 3,P91tY00-K_q', t, reherisIV6-PiiWt Imida o_i&_n6e11_W40MGj1- t treat yen a.. 12 Be.' r Siboij: d 'ComP tV, td r a e MM 36r.the-C-A WN bfi�fh prernlses-as 11 , held . . .�_- '!�, It se TIP*W. ng n8r`e-*4nit31F W2 B61.116bid a )cated.st:488 South-Street;, ;-.-0 W IngV2KId 26014di-RWR n yann s; r;j 'ZOR" H of z4i..,I!'14 Mo�dMi" m A'PtJdbb"i4EkRING'.VMLL`EiE�FiE'M tly,� arcnau�A 'ONRI§ffr.M T9.OKA '6666- 11-A- I"use PUD11c, ear a A oWn s- ra a 69.0sajapplicallonswIlDel, Gatl NI 'X"'A tingpej "g%Wool 00VA ZOMNG! AQS -36MWSUW-j�W�n' rf.ri 1 -B MR as pr�acticalME -1 J-ol iz H aryr %K qTw Mrtrt -:vv,P" .. , 7). jA-914'"I'llyli !Vftiif 'J4 JM q _ns A ..sr WIlLyit, Vt' i'66enjs n 4'"11 Pa T, .. ........... art h of Massachusetts ................... M 1M. mstable,SS. ;1.01,1 Y�l Mu g Roo n iWlo Pi db perior Court 4o.95-135 AERLESENA and PAUL X... . )oth of Barnstable(Hyannfib"..'. !ntY.*Mdssachusetts.and! -9 whf%-�-._enijtled to the­�PL2±qVA;r A k-z�, , _ I . s. U , Town of Barnstable *Permit# Expires 6 months from issue date �T Regulatory Services Fee snaxsrnsi.E, �pKAM Thomas F.Geiler,Director Building Division Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 1 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - . RESIDENTIAL ONLY O �Not Valid without Red X-Press Imprint Map/parcel Number Property Address �_f/ ©ep CO z2, j irJlS esidential Value of Work$ �Z000 Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address •:/ 04D f2 Contractor's Name \ �,e l. ' Telephone Number �J Home Improvement Contractor License##(if applicable) ( ) Email: Construction Supervisor's License#(if applicable).-- l 1A 0dQ A® "N01. 3�90114LjV orknm's Compensation Insurance Check one: ❑ I am a sole proprietor E`�z 6 �nd ❑ I am the Homeowner -1-have Worker's Compensation Insurance Sd Insurance Company Name Workman's Comp.Policy# �� , S A) Copy of Insurance Compliance Certificate must accompany each permit. Permit Requ t(check box) Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to:u(u ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows/doors/sliders.U-Value (maximum.35)#of windows #of doors: ❑ Smoke/Carbon Monoxide detectors.4 floor plans marked with red S and inspections required. Separate Electrical&Fire Permits required. *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License&Construction Supervisors License is required. �. SIGNA QAWPFII1ES�FORM uilding permit forms\E}PRESS.doc Revised 060513 EM0110 The Commonttealtlh of Massach►usefis Department ref Industrial Accidents - Office vfimvstations 00 Washington Street Boston,MA 02111 . wrchv.lnasmgarldia Workers' Campensatian Insurance davit:BuilderslContractorsMectriciansMumbers Applicant Information Please Print Legibly Name(B aoltndividnan: Ma\ C Address:— City/State/Zip: 15 one##: yy AYjpam an employer?Check the appro ate box: T of project r 4. ❑ I am a feral contractor and I Type ] I_ a employer with []New won employees(full and/or part4ime.).* ��a irired the sub contractors 6_ 2_❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling slip and have no employees These sob-contractors have g_ ❑-Demolition w for me in an c ci �_ employees and have workers' az�g y � t5 i 9_ ❑Building addition [No workers' comp.insurance Comp.incnranra 5. ❑ We are a corporation-and its 10..❑Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their I L.❑Plumbing repairs or additions myself o workers' right of exemption per MGL 12 Elitoaf s insurance -]y c.152, §1(4),and we hn p-no .� ,� employees (No workers' 1312 0dLer '1 60(/C comp-insurance required.] *1Yrty appli out that checks boa#1 nmst also fal out the sectioa below showing they wodkerC courpensadon paNU iufbmuda rL Homeowners wbo submit this afdavn indca g that'an doing all wom k and then hoe outside contractors nmz'submit anew afidn t indicating such TContuactors that check this boot must attached sir additional sheet showing the name of tine sob-co na-Actoas and state whether ornot those®Oities have employees. If the sub-contractors bate emp1byees,dLey must provide their warkm'comp.policy number. I am an employer that isprm i ft workers'compensation invirance far my employees. Belau is the poNcy and,job site information. Insurance Company Name: — vc q 1 lG � Q Policy�or Self-ins.Lic-ft �� bV��\\ J I S /\i 4 (� Expiration Date: Job Site Address: \ 0City/Statelzip: l� ! ► \ Attach a copy of the workers'compensation policy ertaration page(showing the policy number aiai expiration date). Failure to secure coverage as required.under Section 25A of MGL c 152 can lead to the imposition of criminal penalties of a. fine up to$1,500.00 and/or one-yearimprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine. of up to$250.00 a day against the violator- Be advised that a copy of this statement maybe forwarded to the Office of Investigations of the DIA for insurance coverage verification- I do here certify rider tkapains and penatdies ofptduty that the information provided above is bate and correct Si -- Irate: Phone#: I O jEdaf use only. Do not write in this area,to be completed by city or town official City or Town: PermitUcense it I ssuing Authority(circle one): d of Health 3.Building Department 3'.City1rown Clerk 4.Electrical Inspector S.Plumbing Inspector t Person: Ph-one#: 6 Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuantto this statute,an employee is defined as"_..every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer;or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance.coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insunmce coverage. Also be sure to sign and date the affidavit. The affidavit should be retuned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate lime. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to bun leaves etc.)said person is NOT required to complete this affidavit The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Depaitmmt of Industrial Accidents office of kvestigations 600 WasNgtan Street Boston,MA 02111 N.. Tel.#617-727-4M at 406 or 1-8 MASSAFE Revised 4-2"7 Fax#617-727-7749 www.mass_gov/dia Town of Barnstable { Regulatory Services MAM"t.$ Thomas F.Geiler,Director 1639. `�� �a Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us a� Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section IfUsigg A Builder I, as Owner of the subject property hereby authorize Zto act on my behalf, in all matters relative to work authorized by this building permit. rvCS' (Address of Job **Pool fences and alarms are the responsibility of the applicant. Pools are not to be filled or utilized before fence is installed and all final inspections are perf6rmed and accepted. Signature of Owner Signature of Applicant L-emw Print Name Print Name g / Date Q:FORMS:OWNMPEFMSSIONPOOLS 62012 Town of Barnstable Regulatory Services ` saatvsswsr>~ ` ;xwss Thomas F.Geiler,Director E1639. Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 I www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number street village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: city/town state. zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINTTION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two- family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building pen-nit (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons: In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. C:\Users\decollrk\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\QRE6ZUBN\EXPRFSS.doc Revised 053012 i mot . • _, y v. w. n Or dividul'use only =rJ i Y..� s, * istration vali If found return to: License or regiration date. usinessRe$ula tion' o� the before of CoD umer Affairs and Bus &Bag'nes office ns 5170 pif+ee of Cons er Affa NTRp,CTOR e. park plaza-Suite - O MgNT TYP 10 1<6 N MS IMP ,,36160 Individual • _ Boston,MA 02� ; Re 9 n I i"" 4 4 Expirati n 6h19 p1 s A K LEMON � , - �•-�w� . . - � M f - and without Signature `* ARK LEMON Not va M � - 490 P HERS In f undersecretary .•r _ - s v * ITC 01 " YANNiSr MA - H r Department of Public Safety } ;.. - Massachusetts-Departm a g` .. y- Board of Building Regulations and Standards A •.V ,ru,; ion Supervisor Specialty' d • - Construct 100Z0? License CSSI" . awl' !� } - ,. ¢� � •• 4 s. MARK J LEMON J pU BOX 423% MI's 02b� 4 � WEST HYA►"w3NfSF(yRT MA _ r. y 1 4 ` Expiration Commissioner 04104/2014 A�!���L' *CERTIFICATE OF LIABILITY INSURANCE 8/28�013 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. IMFORTANT: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 COME:NTACT Cristina T. .Edmund Garrity & CO. , Inc. T, PHONE (617)354-4640 + FAX (617)354-5828 545 Concord Ave. ao Re :cristina@garrity-insurance.com ". • ' _._.- INSURE S AFFORDING COVERAGE NAIL# Cambridge MA 02138 INSURER A:Scottsdale Insurance INSURED INSURERB:Citation Insurance 0274 Mark Lemon, DBA: ML and Son Construction ,+ INSURERC:Hartford Underwriters 30104 490 Pitchers Way INSURERD: PO BOX•423 INSURER E: West Hyannsport _ ;. MA _02672 .INsuRERF. ._ __.._. COVERAGES _ CERTIFICATE IVUMBER:Kaster COI 2013 .- JREVISION 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 ADDLSUEIR IPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE IMIL WVI3POLICY NUMBER MM/DD MMIDD LIMITS GENERAL LIABILITY 1,000,000 To EACH OCCURRENCE $ X 'COMMERCIAL GENERAL LIABILITY ;, r DAMAGE MIS a RENTS SO,000 ES occurrence $ A . CLAIMS-MADE a OCCUR PS1746423 PRE E/7/2013 /7/2014 MED EXP(Any one person) $ 5,000 e PERSONAL&ADV INJURY $. 1,000,000 T, GENERAL AGGREGATE $ + 2,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: a PRODUCTS-COMP/OP AGG $ 2,000,000 -- POLICY PRO LOC ® $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1 000 000 ANY AUTO �* BODILY INJURY(Per person) $ , B ALL OWNED SCHEDULED BB3TLT 6/14/2013 6/14/2014 . AUTOS X AUTOS BODILY INJURY(Per accident) $' X HIRED AUTOS X NON-OWNED , PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE ' Y' f AGGREGATE a` $ _RETENTION,$_----. WORKERS COMPENSATION UB051SN280 5/18/2013 /18/2014 STATU- OTH- AND EMPLOYERS'LIABILITY Y/N +P+ : ANY PROPRIETOR/PARTNER/EXECUTIVE t E. CHACCIDENT $ ZOO OOO C OFFICERIMEMBER EXCLUDED? NIA - (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 100,000 If yes:describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) » i CERTIFICATE HOLDER CANCELLATION (508)862-4784 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITHTHE POLICY PROVISIONS. Town of Barnstable 200 .Main Street y,. AUTHORIZED REPRESENTATIVE r. Hyannis, MAu, 02601' - � ., -` r Garrity/CRISTI :> ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD•25(2010705)``��� '`:t• ,. + INS025 romnns)ni <Tha AnnRn nama anti Inns nra raniefans mar4e of ARPiRr1�' + . :(;!,'r; ,• % Asse'ssor's offiop (1st floor): .y o o` Assessors ma and lot number .. ....... jf C� f TEE r�� iF . Board of Health (3rd floor): Sewage Permit number ' Z B6S33TAMLE. i Engineering Department (3rd floor): vo M630• House number ........................................................................ �o 39Ap- VAI APPLiCATIONS PROCESSED 8:30-9:30 A.M, and 1:00-2:00 P.M. only; TOWN- 'OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO .... .h.. . . ........Q .f I-..!!V. �" TYPE OF CONSTRUCTION ...Old.00.a.:.:.!..1�►9r11f rt.............................................................. ...........................:... ........... TO THE' INSPECTOR OF BUILDINGS: The undersigned hereby applies .fora permit according to -the following information: Location".....0U..... 51a ......PA................................................................................................:.................................... Proposed Use S.,19VA.......QA.I .11tvl'1 ...s ! .(2.I .................:....................................................................................... ZoningDistrict ...................A.. ...............................Fire District .............. . .................................................... Name of Owner m:✓.: ..: .f .v....H1, Ll..................Address ..P�+1P�F?v4c,i .;.. .{ -�5........................................... Name of Builder ...��dYvS.(d7V.................................Address .1log ..�Cd........ / /iltR..vrL Name of Architect .............Address .................................................................-.............. Numberof Rooms ....10............................................................Foundation .......................................... ...A / Exterior1. .. n1...:.........................................................Roofing o/LS 2&4.7........................................:..................... Floors ...2.......:.........................................................................Interior ................................................ ..................................... Heating ..................................................................................Plumbing .................................................................................. Fireplace .....................Approximate Cost,................ Definitive Plan Approved by Planning Board --------------------------------19__""____ . Area ........................................... Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH OCCUPANCY PERMITS REQUIRED FOR NEW/DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. /2 Name ::✓.�......�.....46 ... ............ . ..... . Construction-Supervisor's License .. r�����.f��.... ' M. A. D- REALTY TRUST ' ' / ' 38258 DEM%}I,ZSI{ ' No ................. Permit for .................................... . > ' Frame Dwelling---------------'�..��------. ' ( . 0ld CoIpu\ Road ' Locohon -------�����----------' } Hyannis ' -------------------------- l� �� D ReaItr Trust Owner ............................. . . Type of Construction .......Frame................................... | ` ' ` . --�-----------------------.. � ` ' P|ct �� '------�--' ................................ > . ^ ' ^ '- December 8 Granted ------------['lV Permit Granted ' . �. . ' Date of Inspection .. ------- l9 L� �r---� ' �`� . � _ � �� � Date Completed ----.^----.---lVa ^^ . ' ^ - ^~ � . � � \ ' . . ` . . . ' / . ^ ^ ' . . ' ` . . ' Assessor's offioe (1st floor): Assessor's map and lot number 14 '" oFTNETo Board of Health (3rd floor): Sewage Permit number Z 339Hd9TGDLE, Engineering Department (3rd floor): °o rb 9• e� s Housenumber .............................................. .................. a` APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only A TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO' ..-A-7F........Dw—riJ.,L.irvef......................... .......... ................................... TYPE OF CONSTRUCTION ...W.0.0.D.......1.t.o!n.r�............................................................................................. .......O.Fi.r......... ....................•--19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Locationq0 .... k.r......(-.�......................................................................................................................................... Proposed Use 5.K).V.a......0kI..sTV!1.�...S�fi.�-...q.1.91.5........................................ ................................................................ Zoning District ................... ../..✓.............................:............Fire District Name of Owner M d -.0..:..P.P-X�ti.r....'-kv.5. ..................Address ..P h?!rt. �j... .5........... ............................... Name of Builder 4 <la�2t�.. l�� ?.SUYV.................................Address 9W.R/40r7.Pl ....... f i�l, ..........w ......... Nameof Architect ................................:...........................;...Address ........!............................................................................ iq Number of Rooms ....LQ...........................................................Foundation .......................................... •� Exterior ..........................................:.....!:............Roofing,,ASj-A.nj-!'1.................................................................... Floors ... ...................................................................................Inte or ....................... a Heating ..............................Plumbing .................................................................................. i Fireplace ........... ......................................................................Approximate Cost ......-............................................................ : Definitive Plan Approved by Planning Board --------------------------------I91:------- . Area .......................................... Diagram of Lot and Building with ,Dimensions a Fee SUBJECT TO APPROVAL OFF BOARD OF HEALTH 4 1. OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS s r; I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. t Name ....... /�✓ .. . .... ...... Construction Supervisor's License M. A. D. REALTY TRUST A=307-186 no m�I;. No 30258 permit for „DEMOLISH ........ ............. Frame Dwelling ..... ............... Location ...Old Colony,. Road..................... .............Hy.annis.................................. Owner ........... .-...A. D.•...Realty..,Trust Type of Construction ...........Frame ... .................... �i Plot ............................ Lot ................................ Permit Granted .........December8 ,�......................... 19 86 t Date of Inspection ....................................19 r Date Completed ......................................19 f I eon i i ; u . r � i i 6 it Y *TV ii i ' 6 ="^ POLCARO HOMES,INC PRoJECT• 3 BEDROOM.CAPE • Opt,.�9#2 ._.a , vauxoxaM¢s,ncAft LOCATION MARAVISTA AVE Ext._ Q 508.888.8..O. .µ 798.8«7 M.�.. FALMOUTH, MA 50 10 V 0 v Y � 1 . z Y - 8 � o Z o ° l . o 1 ©I oa 4 p o T 7 Z m ° a .......................... .—.—.—.—.—.—.—.—.—.—.—.—.— ° 11 lip ° I ' 4 ° R °l °l N' POLCARO HOMES,INC PRE E� 3 BEDROOM CAPE • Opt. t#2 °t POLGRD IIOMES,INCAOL O m m aErl LOCATION: MARAV15TA AVE Ext. O °W"_' W�N,ma,E;M° ° FALMOUTH, MA 508.888.8797 qa tsF aE p i it It 1 s i y a 1 4 m i g ® 8 F O z f I/ } a PROIFIC POLCAROHOMES,INC 3 BEDROOM CAPE a Opt. #2 Q POLGRONOMES,INC AIM Q s; REVI5N7N5 `oaATlo"' MARAVI$TA.AVE Ext. O ..0.lNIS1.M{R6tON3M is MCEN. FALMOUTH, MA 508.88111797 i l 1 o Z PEE Fm > c m m 9 m 9 > O Z i 1 L W , ®® � Q Q � 0 z ®®0 ®®® n A m � m �i z 1 POLCARO HOMES INC PR°ECT: 3 BEDROOM CAPE • Opt. #2 , AINKZ POLCAYO NOMFS,INC - . x LocnnoM MARAV15TA AVE Ext.. o Y.0.60f14,. .pnpN,MUSMA�,M. FALMOUTH, MA 508.888.8797 �V 11%0:/87 IT:OZ =81/ J Z! 11Zl LLS'1 u\Y Avv�r --_ :. . C0jjU),Wnwaa& v/ r4a4,daC1zude& 600 �aafoa.S't, fon, �'ladeac�u�s a 02f f 1 .latttes.l.trampbetl .. . Commissioner Workers' Compel sation Insurance Affidavit I, POLCARO HOMES, INC. t - • (paeoaeeJpaim®ee) with a principal place of business at: MarGtonc Mi1is MA 02648 do hereby certify under the pains and penalties of pe*W, that: () I am an employer providmi g workers' compensation coverage for my employees war d9s Tob. American Policyholders' Ins. Co. WCC 181997-01 Insurance Company Policy Number O [ am a sole proprietor and have no one working for me in any capacity. O I am a sole proprietor, general coatrattor or homeowner dude one) and have 1l M contractors limed below who have the following;workers' eompe:zsation po�ider. Contractor Insu mm CompmW/Policy M. Irurtmce Comp=W1Pofigj N; Comractor . Contractor Insurance company/Policy Ni., O I am a homeowner performing all the work myself. 1 end_ntane.Lhau a co7f of this srte:nem rail be fwn Med to ft OMM of Invadmiant of ft CIA for coverage VfffGC lion and this fzi tale.ge as ra=red under Season 1SA of MGL 151 can lead m the smposMon of crbnani penalties Ca of a Me of up to S1,S00. yeas' tmprito-m.am as welt as civil panaittes in the form of a STOP WORK ORDER;ad a tine of S100.00 a day 20M me. Signed this 17th day of August , t 4 95 ril-enseelPermittee, Building Department Licensing Board Selectmen Office Health Department HOME IMPROVEMENT CONTRACTOR Registration` 101960 License or registration valid for individual _ Type PRIVATE CORPORATION use only before expiration date. If found Expiration 06/30/96 return'.to One Ashburton Place Rm'1301 Boston Ma.02108 Polcaro Construction-Co.,.Inc Joseph C Polcaro Box 451 3111 Falmouth Rd. ADMINISTRATOR Marston t41'lls MA 02648 • I to COMMONWEALTH DEPARTMENT OF PUBLIC SAFETY �d�aacs hutatt sssacurrent OF ONEASHBORTONPLACE ?psgsgChuBllQix$dafe8ul�d.cnc MASSACHUSETTS BOSTON,MA 02108 ry4 this I/ClAis. .q � � L I C E 14 S E CAUTION EXPIRATION DATE .$ IJ;c�' CONSTR. SUPERVISOR' 1 1 /2 5/19 9 5 EFFECTIVE DATE LIC-NO. FOR PROTECTION AGAINST RESTRICTIONS 11 THEFT, PUT RIGHT THUMB NONE 06/30/1993 . 0055P7 o PRINT IN APPROPRIATE. BOX ON LICENSE. JOSE.Ph C POL+CARC a 4. 17 T U R T i_F 13 A C K R D BLASTING OPERATORS SS .4 028-28-0403 MxLLS MV C,2648 C MUST INCLUDE PHOTO. PHO TO(BLASTING OFF!ONLY) 00[� _ NOT VALID UNTIL SIGNED BY LICENSEE AND OFFICIALLY HEIGHT: STAMPED-OR-SIGNATURE OF THE COMMISSIONER DOB: 11 /2.5/1939 THIS DOCUMENT MUST BE I SIGN NAME IN FULL ABOVE SIGNATURE LINE CARRIEDON THE PERSON OF SIGNATURE OF LICENSEE THE HOLDER WHEN EN- OTHERS-RIGHT THUMB PRINT GAGED IN THISOCCUPATION. I MMISSIONER ELEVATOR OPERATOR HOISTING ENGINEER FIRE PREVENTION 00 NONE 00 NONE 35 FRONT END LOADER 42 PORTABLE (COMPANY) 46 PORTABLE (INDIVIDUAL) 01 OTHER 28 ELECTRIC 36 CATCHBASIN SEWER- 43 ENGINEERED 47 ENGINEERED 02 SPECIAL LIMITED 29 CRANES CLEANING MACHINE 44 PRE-ENGINEERED 48 PRE-ENGINEERED Z Q 03 AUTOMATIC PUSHBUTTON 30 SHOVELS 37 EXTENSION LIFTS 45 HYDROSTATIC .49 HYDROSTATIC ^7 I� 04 FREIGHT 31 BACKHOES 38 SIGN HANGERS 40 SELF-SERVICE MFF 41 SELF-SERVICE MFF ..4 �., W Z N �.0 32 DRAGUNES 39 SELF-PROPELLED: �•' SPECIAL LICENSE 33 CLAMSHELL FIAILROADCRANE CONSTRUCTION SUPERVISOR - 0 UJ CQ 05 HRT 34 CABLEWAY STEAM ROLLER 00 NONE IA MASONRY ONLY I ' ' G 06 SCOTCH 1G 18 2 FAMILY HOMES z Q< W 07 VRT VT 08 FLUELESS (/1 .,y�. OIL BURNER TECHNICIAN ��e) '. C, Fes, q nl� 10 GRAVITY FEED - •.� 1 �•� G�(,�M/ / �.I.l r /� - LL O BLASTING - NO. -STREET- - � z Z 21 ASSISTANT 1 - 22 QUARRY M, 1 ^, W w 23 TUNNEL CITY.OR TOWN STATE ZIP CODF-b+- d• 'I=R 24 MARINE(UNDER WATER) LIJ ItV CC 25 RESEARCH 8 DEVELOPMENT CC) Cr a 26 BLACK POWDER ONLY W U)Cr(n� ,< W . ID SPECIAL EF27 FECTSS I"I'Q N Z IE IF TRENCH IVEPLUGGINO - PRINT NAME AND CHANGE OF ADDRESS ABOVE � - �_�0 OO z� . .t As"sessor's Office(1st floor) Map Lot Permit# 9 9� Conservation Office(4th floor) A) Date Issued( Board of Health(3rd floor)(8:30-9:30/'1:00-2:OGr/�I/ me• . Engineering Dept.,(3rd floor) House#1 APFUCANT p� CONNI3CTI A SEWER Planning Dept.(1st floor/School Admin. Bldg.) & 46� J ��-` Ic1G $� Definitive Plan Appro by Planning Board / �, CON3TRU MAM /Q � 10►AID° TOWN OF BARNSTABLE Building Permit Application Project Street Address -46 Old Colony Road l.Lot #61 Village Hyannis Owner G—P Affordable Home Corp. Address 3111 Fa-imouth Rd., Marstons Mills MA Telephone (508) 420-1232 02648 Permit Request New single family detached wood frame construction ? Total 1 Story Area(include 1 story garages&decks) g36 square feet (includes 10 X 12 deck) Total 2 Story Area(total of 1st&2nd stories) 1616 square feet " Estimated Project Cost $ 60,000.00 Zoning District RB _ Flood Plain Zone C Water Protection Lot Size 11,790 s.f. +/— _ Grandfathered ? No Decision Bk 9756 Pgg 247 Zoning Board of Appeals Authorization #1995-31 Recorded Plan Bk 515 Pa 60 Current Use Vacant lot Proposed Use Gi ng1 P family residence Construction Type Wood Frame Commercial No Residential Yes Dwelling Type: Single Family X Two Family Multi-Family Age of Existing Structure to be built Basement Type: Finished Historic House Unfinished X Old King's Highway Nb Number of Baths Two (2) No. of Bedrooms Three (3) Total Room Count(not including baths) Six (6) First Floor Four (4) Heat Type and Fuel Hot air — GAs Central Air° No Fireplaces No Garage: Detached Other Detached Structures: Pool Attached Barn None X Sheds Other None Builder Information Name POLCARO HOMES, INC. Telephone Number 5n3-42n-1 232 Address P. 0. Box 457 License# 005502 Joseph C. Polcaro 3111 Falmouth Road Home Improvement Contractor# 101960 Marstons Mills MA 02648 Worker's Compensation#wCr 1319g7—n1 i NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO Town of Barnstable Land Fill SIGNATURE , &4,a� 9 DATE 8/ e' /95 BUILDING RMIT ENIED FOR THE FOLLOWING REASON(S) /i. FOR OFFICIAL USE ONLY - PERMIT NO. #9949 DATE ISSUED August 28, 1995 MAP/PARCEL NO. 00.0 000 :020. ADDRESS 5`1 Old Colony Road VILLAGE Hyannis, MA '02601 OWNER G=`E-Affordable Home Corp; DATE OF INSPECTION---, —, FOUNDATION FRAME' �o2b2�"/.✓ s INSULATION v - FIREPLACE' - ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: : H -F,INAL_ FINALBUILDIN y DATE'CLOSED OAm _ ASSOCIATION P jib. ; i �pF ZHE Tp Town of Barnstable ZoningBoy:a of A -,,,I I • uxrrsTAst.E • rr mass a 230 South Street,Hyannis, Massachusetts 02601 1639. s��� (508) 790-6290 Fax(508) 790-64.54A'`=' TED MA'S .95 .4nlz 30 P 1 33 MEMO TO: Planning Department Fire Department Conservation Commission Town Counsel Housing Authority Board of Health Department of Public Works Engineering Department Town Clerk Collector of Taxes Building Commissioner Cape Cod Commission FROM: Zoning.Board of Appeals DATE: January 27, 1995 I would like to bring to your attention that the.Zoning Board of Appeals has received two Comprehensive Permit applications for relief under Massachusetts General Laws,Chapter 40B. As required by the statute,we are holding a hearing on said appeals within a thirty-day time frame;said hearing for the first Comprehensive Permit,Living Independently Forever,Inc. (L.I.F.E.)has been scheduled for February 15, 1995. The second Comprehensive Permit,G.P.Affordable Home Corp.` for Old Colony Road has been scheduled for March 15, 1995 under an extension request signed by Joe Polcaro. Also,as required by the statute,we are notifying all appropriate Boards. Your input in relation to these petitions would be helpful to the Zoning Board of Appeals in rendering a fair and equitable decision. Sincerely, Gatl Ni htin� n g � rri Zoning Board of Appeals Enclosure: Application Forms: 1. Living Independently Forever,Inc. Appeal Number 1995-20 2. Old Colony Road Appeal Number to be assigned FOR FURTHER INFORMATION OR REVIEW OF PLANS SUBMITTED, PLEASE CONTACT THE ZONING BOARD OF APPEALS STAFF. . w ,�eF'Boar•d use only:Comp.PermApplicatioh'No. Date Rec'd Hearing Date:` TOWN OF BARNSTABLE _ .._`: Zoning Board of AppealsJAN :r Town Hall, Hyannis. HA. 02601 ' ;'t 27 f ; ; APPLICATION for COMPREHENSIVE PERMIT (Made pursuant to M.G.L. Ch.408. Secs. 20-23. and 760 C.M.R. 30.00 & 31.00) Note: Please submit fifteen (15) copies of. pages. 1. and,2 of this completed application form and all accompanying plans and documents listed in Item 19.. together with a check payable to Town ate" Barnstable for A. [Only one (1) copy needs to be fined of documents referred to in Items A., 10-A., 14-A. and 21-A.] Use supplemental pages if necessary to provide complete information called for by: any item in this application. indicating: name of .applicant (Item 2.) an name of development (Item 3.) on each such page. If an item is not applicable, please' enter N/A PLEASE TYPE. OR PRINT. NEATLY ALL .ENTRIES. 1.AppI!can t(name)...G-P.Ak'FMAXFr..HOM.CORP....:...::.............. .......................... (address & tel.)....31,11 Falmouth,Road,„Marstons,Mills,_t�,...02648� :..420-1232..................... ... 2.Status of applicant: (check one): Public Agency —; Non-Profit Org. ; Ltd.- Dividend Org. X _ . 2 A.Attach documentary evidence of status. 3. Name of proposed development...................Old.Colon1. y.Road............................:....................................... 4. Type of development (check one): New construction X ; Rehabilitation of existing structure(s) 5. Applicnt's att.orney:(name).. .Jeffery Johnson,. Esq. .....:........ (address & tea l.)..155 .k'Q A91#.b RQad...(Rte. 28),, .S�iite ��Centerville................................ .......................I ��790-5776 6. Applicant's architectlname)...........................NSA.......................... .... ............................................... (address & tel.).............................................................. . ...... ............... ................ .,. .................................... 7. Applicants engineer:(name).. Down..�e..Engineeri.Ag................. ............... .......................................... (address.& Lei.).. 939,Main St..,..YarmouthPort.MA...02.6.?5 .... ...........362.-454)............................................. .... .............. .... ..... S. Location of site by village and .......................................... 7. Fire district anti wafer suppilUr:......iiycvul� .CA.................... 10. Area of site in.acres/sq.ft.:..........78 75I +/- sf 1.81 A. ...............................:... .........._................................................. 11. Assessors map & parcel nos. for site:.......306.-;283.......................................:................................... 11-A.Attach cony of assessors map(s) showing parcel(s) comprising site. 12. Zoning District(s) of site ..............PJ.3.................:..........................................:........................................... 13. Is elimination of any existing 'strcet(s) proposed? AR. If so. give name(s)................................ 14. Applicants interest in site: (check one): Owner ; Option to purchase _Y_ ; Contract to purchase._. 14-A.Attach documentary evidence of interest in site. 15. Total number & type of housing units (& bedrooms) proposed:.....E ght..W.J.bp�dar.QQII1,................ 2 .bath.sach..-..Sixigl�.. aII1i,7.Y.. �ta�h�d.. ......................................................... ....:........................... ................................................................................................................................................................................ . .......................................................................... ........................:...................................................................................................................................................... .........................................................................................................................................:.................................... 16. Number & type of low-or-moderate-income housing units M bedrooms) proposed:.................... .....Three:.t 3)...3,bedrootni..2..bath„each......................................................................................................... ............................................................................................................................................................................... (Pev o-- and use only Co,inp,.Perm.Applicatioh Nock "Date Nearing Date: TOWN OF BARNSTABLE Zoning Board of A ppeals '"" Town Hali- atmis. MA. 02601 t� � � ► , APPL 1 CATI or CO MPREHENSIVE PERMIT pu nt o .Ge M (Mad C;:f � , and 760 C.M.R. 30.00 & 31.00) Note: Please submit fifteen (15) copies of this completed_ applicatlon form and of- all accompanying plans and documents._-.lis `"PDF Barnstable for '19- together with a check. payable to Town of 9. [Only one (1) copy needs to.be` filed of documents referred to in. Items 2- pli A_. 10-A_. 14-A_ and 21-A..] Use supplemental pagesinformation called for by any item .in this application,anon. if necessary to provide complete indicating name of applicant (Item 2.) and name of development (Item 3_).on each such page_ If an item is not applicable, pi PLEASE TYPE..OR ease enter N/A.PRINT NEATLY ALL ENTRIES. 1.Applicaint(name). ..... ....Independently Forever, Inc (LIFE) . (address & tel ) ......550:.I+i1�GAafl.Rpad.k to ...... ................ .......... ............................................I...... 41?....#y0 ,..1`? ............:................... Z.Status of applicant: (check one): Public Agency ; Non-Profit. Or..g. x Ltd.- Dividend Org. 2-A-Attach documentary evidence of status. 3. Name of proposed development._•..:LIFE,.•ine. . ..................:...:........ 4_ Type of development eveiopment (check one): New construction Rehabilitation of existing structure(s) S- Applicants attorney:(name)...Tete>;. ,...k'Xe (address & tei ) J.80:.]t�ute. 5.7$ •..FS. .............................................. ................... .6A,. .P..Q...�ox contractor ......�52-�744: . ..................... (6. .Appiicants . ••••(•n••a••m••.e•.)•.•.•.•.•H*_.......l..o. y?�....?H,...,.Mw.a�r.d address & tel.). . ....... 1....d..5,C08o-n2s4t"r0"-u7c"0t"8i8 "�4.t....Inc..:................................"o" .................................._. 7. Applicants engineer:(nam )•..... glp..$ �y n En ineerin (address.& tel.)......j0 .. d Lane 9.. .....9............g....:...:......... b4 -.... 4 ,-..HYaM.iS.,..MA...02601 .... ....775-4422 ..... . ........................................:......................... 8. Location of site by village and sLreet(s)_.� y a .:. [1C0.j>a..R :J�hte .....:........9. Fire district and water,supplier:-Flyami •Fide De t, .. 10_ Area P........,13arnstable Wader Co,•••••............................... of site in acres/sq.ft.:.........3.99....17.3,.851..s 11. Assessors ma p � q...ft-.............:.....::..................:.:........................ P & parcel nos. for site::...J1ap.27.2......Parc*16_25-I,.tbx71..25-8...............:.... 11-A_Attach. cony of assessors map(s) showing parcel(s) comprising site. .. 12. Zoning District(s) of site;.....R.�;-1 ' ........................................................... 13. is elimination of an existing .........:............................................ Y g street(s) proposed? No... if so. give name(s)_............... 14. Applicants interest in site: (check one): Owner X "ch 14-A_Attach documentary evidence of.interest in site. Option to purchase _ ; Contract to purchase.__. IS. Total number & type of housing units (& bedrooms R 'den � ) proposed:........... �5�......tial housing..units with 2 bedr Donis each.... I?ecreat ion•off ice building ................................. . 6.. ts..are for sale 2 are rentals........................ .......Relocation of..the-office.ur t. will..alJ.Aw....................:...:..................................................................... Existin C rehensive Perini or."':addztzanal..zesidential.-unit_(P r:t..of..16 .to- g o • • .. ,#• 1992-68 consists of 8 units, 2 bedroems each. 6 sales, 1. rental 1 office, midi project with this See Su p yR6 ' nfoiiiiatiori ii ......,.......expansion: 16 units, 2 bedrooms ea. 16_ Number �r q phasin and' tennis cp�t Gonstrtiction................................... t e of low-or-moderate-income housing units (>� bedrooms) 2 residential housing units with 2 bedrooms each will """"""' With existingbuildingfran C """eat ' ""' .................... ... a ?rehensve P i992-t8 Proposed: fordable rentals. ""' a total of -4 rentals fordable will be available. .............................. ...................... .................................................... ... 1Pev 3/? Polcaro Homes, Inc. Joseph C. Polcaro General Manager P.O.Box 457.e Marstons Mills,MA 02648-0004 Phone(50B)420-1232•Fax(508]420-4467 I BP:09750-0247 'S-07 18---9:36 #034969 j` s Town of Barnstable Zoning Board of Appeals Appeal No. 1995.31 Old Colony Chapter 40 B Comprehensive Permit •�;. ' Decision and Notice ~J ' �+' `� ' ' -•f' Summary: Granted,with Conditions Applicant& Owner G-P Affordable Home Corporation Address: 3111 Falmouth Road, Marstons Mills, MA 02648. Property Location: Old Colony Road, Hyannis, MA 02601 Assessor's Map/Parcel: 306-283 Zoning: RB, Residential B Zoning District �-" Applicant's Request: Comprehensive Permit in accordance with MGL Chapter 40B,Affordable O Housing, for the development of 6 single family detached dwellings 2 of which are affordable units. N Procedural Provisions: MGL Chapter 40B, Section 20-23, 760 CMR 30.00, 31.00&45.00 10 APPLICANT: The Applicant is G-P Affordable Home Corporation, a Massachusetts Limited Dividend Organization (LDO) organized and doing business under the General Laws of Massachusetts Chapter 156 B d addressed as 3111 Falmouth Road, Marstons Mills, MA 02648. Q„ RELIEF REQUESTED: The Applicant has applied for the issuance of a Comprehensive Permit No. 1995-31 pursuant to M.G.L., Chapter 40B, Sections 20-23, and proposes to build low or moderate Income housing under the Commonwealth of Massachusetts Executive Office of Communities and Development C'EOCD') Local Initiative Program ("LIP'). The proposal Is for the subdivision of a 1.81 acre parcel,of land located in Hyannis Massachusetts along Old Colony Boulevard. The applicant presented several alternatives for the layout of the subdivision and homes. Alternative schemes were also looked into with varying density and lot configurations. The Board and applicant mutually agreed that the Plan V z titled "Site Plan of Land in (Hyannis) Barnstable MA", prepared for Funding Services, Inc., and drawn by Down Cape Engineering, Inc.which shows a 6 lot subdivision of single family detached dwellings 2 of which are affordable units would be the approved plan for development. This determination was based upon the Board's desire to provide the maximum number of affordable units economically feasible without imposing overly dense development into the neighborhood. Lot 1 consists of 11,594 sq. ft. Lot 2 consists of 18,387 sq. ft. Lot 3 consists of 10,201 sq. ft. Lot 4 consists of 8,868 sq. ft. Lot 5 consists of 17,920 sq. ft. Lot 6 consists of 11,790 sq. ft. With the exception of Lot 4;ail 6 of the - lots have a minimum of 10,000 sq. ft of area. The scale on this plan is 1 inch =20 feet, and it's dated May 8, 1995. The Board noted for the record that although the plan makes reference to"Funding Services, Inc., the present land owner, this comprehensive permit Is issued to the applicant only, O-P �p Affordable Home Corporation. Itj The homes proposed for development would be single-family detached homes, varying in design and N including single story ranches, one and one-half capes and modified capes in style. The homes r would range in size from two to three bedrooms and have one or two baths. The lots wouid.be `.J accessed by shared paved driveways and the lots will be landscaped appropriately. �p Of.the new homes to be developed-,on the lots, four(4)would be for sale at market rates, and t p would be for sale as low or moderate income housing units as defined in M.G.L., Chapter 40B, - Section 20 and in 760 CMR 30.02. 'The low or moderate Income units (also referred to as"LIP units') Zoning Board of Appeals Decision and Notice Appeal Number 1995-31 Old Colony Ch. 40B Board of Health letter dated March 2, 1995, noted that the development is not within a Groundwater c!. Protection District and will be connected to Town Sewers and that it will not alter groundwater in the area. In addition, the board received a letter from William Flynn, dated March 13, 1995, the owner of Captain Gosnold Village stressing his concerns even though he couldn't attend, about parking in the summer on Old Colony Boulevard: The Captain Gosnold Village Board of Trustees, in letter to the Board dated March 08, 1995, also expressed serious concerns over the proposed development and noted their objection to the project: FINDINGS AND DECISIONS: Standing: At the hearing of April 05, 1995, a motion was duly made;seconded and voted that the Board find the following facts as related to standing of the applicant before the Board: 1. The Applicant G-P Affordable Housing Corporation is a Limited Dividend Organization (LDO) as documented under the Articles of Organization dated May 4, 1988 and verified by the March 17, 1995 Certificate of Good Standing Issued by the Commonwealth of Massachusetts Department of Revenue. ' 2. The Applicant's Local Initiative Program (LIP)Application was submitted to the State Executive Office of Communities and Development (EOCD) in mid December of 1994. The application was approved with conditions under the LIP on February 03, 1995 as per letter to - Warren J. Rutherford from EOCD. Conditioned upon the final approval by EOCD of the proposed project as a LIP project, the project meets the requirements of 760 CMR 31.01 (1) (b), low and moderate income housing. z. 3. The applicant, has a Purchase and Sale (P&S)Agreement for the property from its present owner;Funding Services Inc. as per letter titled "Agreement"dated July 22, 1994. On May 09,the applicant submitted a copy of an extension of this P&S. That extension was dated May 09, 1995 and extended the P&S to June 02, 1995. Therefore, the Applicant does have standing to apply for a Comprehensive Permit under M.G.L., Chapter 40B, Sections 20-23 and 760 CMR 31.01. The Vote was as follows: AYES: Chairman Ron Jansson, Gene Burman;Emmett Glynn, Tom DeRiemer, Dexter Bliss and Richard Boy NAYS: None Findings of Fact: At the conclusion of the May 09, 1995 hearing, after discussion, based on the evidence submitted, and the finding that the Applicant has standing to apply for a Comprehensive Permit under M.G.L., Chapter 40B,the Board, by a motion duly made and seconded, voted on the following findings: 1. The Town's chief executive, Warren J. Rutherford, Town Manager, endorsed the project under the Local Initiative Program on December 13, 1994 after the project was considered by Councilor Gloria Rudman and Council President Harold Tobey. 2., ' Cape Community Housing Trust expressed support for the project on August 18, 1994 by letter signed by Patricia A Pap, Clerk. 3. The Applicant has standing to apply for a Comprehensive Permit under M.G.L., Chapter 40B. However, the project will only meet the requirements of"low or moderate" housing under . 3 Zoning Board of Appeals Decision and Notice Appeal Number 1995-31 Old Colony Ch. 40B M.G.L. Chapter. 40B upon final approval by EOCD of the project as a LIP project and upon . 4 execution of a regulatory agreement. 4. The Town of Barnstable does not meet the minimum thresholds for low and moderate income housing contained in M.G.L., Chapter 40B, Sections 20-23. According to the 1990 U.S. Census there were 18,573`year-round housing units in the Town of Barnstable. The goal under M.G.L. Chapter 406;is to provide ten percent (10%) of that housing stock as affordable, or 1,857 units. The current estimate is that there are only 719 affordable units or 3.87%. 5. The locus is a 1.81 acre site bordering and accessed from Old Colony Boulevard Hyannis, Massachusetts. The site was once developed, but is today vacant. It had also been used as a staging yard for utility improvements in the neighborhood. The lot in its present state represents a blight on the surrounding neighborhood. 6. The locus is in a RB, residential B, Zoning District. 7. The locus is not within a zone of contribution for a public water supply. 8. The surrounding neighborhood is densely developed with a variety of homes and multi-family dwellings developed on less than the one acre lot size now required under zoning for this district. Many of the surrounding dwellings and some neighboring land uses do not conform to the principal permitted uses of'single family detached dwellings within the RB zoning district. 9. The proposed units will all be single family detached units on separate lots ranging from 8,868 sq.ft to 18,387 sq.ft in land area. 10. The homes are to range I size.from.approximately 1,100 sq.ft.to 1,600 sq.ft. and contain from two to three bedroorft and one to two bathrooms. 11. The density of the development shall be 1 unit per 0.30 acres which is consistent with the LIP guidelines and with the recommendations of the Cape Cod Commission,the regional Planning agency and the Town of Barnstable Planning Department as well as the Cape Community Housing Trust. 12. Town sewer is available in this area and the applicant has agreed to connect each unit with town wastewater treatment prior to occupancy of the units. Connection of the units shall be in accordance with the requirements of the Department of Public Works. 13. The structures shall be connected to and served by public water. 14. Utilities,through the Commonwealth Electric Company and Colonial Gas Co., are available at the locus and shall be constructed underground. 15. The unit mix for the =shall will be as follows:Two (2) single family dwellings, located on Lots Number 2 and be�oaouse LIP dwellings for sale at a maximum of$80,500 each. There s �r sale at a maximum price of$80,500, which units shall be subject, in perpetuity to a deed restriction, requiring that the unit be owned and occupied by eligible persons of low or moderate income, or owned by the Town of Barnstable or EOCD pursuant to the terms of the Regulatory Agreement. In the event of the elimination of the LIP program, the definition of an "eligible low or moderate income person shall be defined by any other state or federal housing program that defines said term. Four(4)single family dwellings, shall be market units for sale at an anticipated selling price of $104,900 to $114,900. 16. Because of the threatened loss of affordable housing.units within the Town of Barnstable and throughout the region (Barnstable Count due to "expiring uses"and Y) P 9 n view of the Town s current deficit in affordable housing units, it is consistent with local needs. The Board 4 Zoning Board of Appeals Decision and Notice Appeal Number 1995-31 Old Colony Ch. 40B recommended that every effort be made to give first przference to existing residents of the Town of Barnstable. t The vote on the findings was as fd,llows: AYES: Unanimous NAYS: None Decision on Waivers At the May 09, 1995, Public Hearing on this application, a motion was duly made and seconded,that based upon the findings,the Zoning Board of Appeals granted the following: Waivers from the following sections of the Town of Barnstable Zoning Ordinance: Section 2-3.2 Conformance to Bulk and Yard Regulations Section 3-1.4(5) Bulk Regulations: Minimum Lot Area and Minimum Lot Width Section 2-3.4 Lot Shape Factor In this instance, the Zoning Board of Appeal shall act as the Planning Board for approval of the plans to be recorded. The vote on the waivers was as follows: AYES: Unanimous a . NAYS: None Decision and Conditions The Board, based on the above findings and the waivers granted, by motion duly made and seconded, voted to grant Comprehensive Permit No. 1994-31 subject to the following terms and conditions: 1. This comprehensive permit is specifically conditioned upon final approval by EOCD of the project as a LIP project and upon execution of a regulatory agreement under the LIP program. 2. A plan, suitable for endorsement by this Board, and recording at the registry of deeds shall be prepared by the applicant. That plan shall be Plan Title: "Definitive Plan of Land in Barnstable (Hyannis), MA prepared for Funding Services", dated May 08, 1995 and scaled 1 inch = 30 feet. The plan shall reference this decision and shall document the imposed setback in this decision. 3. Principal permitted use of the lots created by this Comprehensive Permit shall be limited to a single family dwelling and attached or detached accessory uses to that single family dwelling. 4. The development will provide two (2) single family dwellings, located on Lots Numbered 2 and 5, as affordable housing LIP dwellings for sale at a maximum of$80,500 each. The affordable LIP dwellings shall be subject in perpetuity to a deed restriction requiring the dwellings be owned and occupied by low or moderate income persons. All of the affordable housing units shall be at minimum three bedroom and two bathroom dwellings. 5: Setbacks for all structures shall be 30 feet from Old Colony Boulevard right of way and 10 feet for all side or rear lot lines. In addition, all homes shall be setback from the common drive easements by 25 feet. Lot coverage shall not exceed 50% of the lot area. 6.' Access to the.lots shall be limited to two paved driveways located over common easements as illustrated on the plans presented. No lot shall take its access from any other location 5 4; Zoning Board of Appeals fi Decision and Notice Appeal Number 1995-31 Old Colony Ch. 40B along Old Colony Boulevard. The driveways are to be developed and paved with a 6" t subgrade and a 2" base coarse and 1"top,coarse or better and as approved by the Town of Barnstable Department of Public Works, with suitable drainage to be determined by the Department of Public Works (limited to common access going into lots) Engineering Division. The drives are to be no less than 12 feet wide and shall extend into the buildable portion of each lot with an 8 foot wide drive. Each of the access driveways are to be a minimum of 20 feet wide at the entrances to Old Colony Boulevard to allow for two cars (one entering and one exiting)turning at the location. The 20 foot wide apron shall extend for 20 feet from the edge of the right of way of Old Colony Boulevard. 7. Access easements shall be documented on the plan and easements to utilize and maintain the drives for both access and utility services shall be granted to all owners who take access from the drives. 8. All utilities shall be located underground. Any additional easements necessary for utility service shall be granted as necessary and specified on the plan to be endorsed. No structures shall be located on or above any easement. 9. All drainage and run-off shall be contained within the overall parcel and none shall be directed off-site onto neighboring properties or road ways. Each individual lot shall be graded so as to minimize run-off on to other lots, or on to the access driveways to the individual lots. s 10. All dwellings shall have full basements located at minimum, 1 foot above the high groundwater as determined by test pits to be located in the area of each proposed dwelling. 11. All property bounds shall be set, and "as built" plans submitted to the file upon completion of the development. No occupancy-permits are to be issued for a particular lot until bounds have been set and all debris shall be removed and disposed of from the lot. There shall be no disposal of debris on-site. 12. No occupancy permits shall be issued until the dwelling unit is serviced with all utilities located underground, including public water and town sewers. The applicant shall be responsible for all costs to connect to utilities. 13 The dwellings shall not have electric heat, shall have full basements, low flow toilets and showers, and thermal windows and doors. 14. The entire site, including the parkway along Old Colony Boulevard for the length of the site shall be landscaped with at a minimum 3 to 4 inches of loam and seed, suitable street trees of 2 to 3 inch caliper planted along Old Colony Boulevard, 40 feet on-center for the length of the property and as approved by Town of Barnstable Tree Warden. The side and back perimeters of the parcel shall be appropriately screened with evergreens and deciduous vegetation varying in height from 3 to 5 feet at the time of planting. In addition, each home shall have appropriate landscaping installed inclusive of at a minimum one shade tree (2 inch caliper), one flowering shrub tree (1 1/2 inch caliper) and appropriate shrubs and evergreen foundation and/or entrance plantings. If any of the existing vegetation is seen by the applicant as being of value and reusable in the plan and development, the preservation of the trees can be counted to satisfy the landscaping requirements. 1 15. The dwellings are to range from approximately 1,100 square feet to approximately 1,600 square feet. The dwellings will be of wood frame construction designed in a Cape Cod-style with clapboard fronts, attractively landscaped and with night lighting as represented in the plans presented to the Board. The dwellings shall range from two to three bedrooms, 1 or 2 baths and full kitchen facilities. The structures location on the draft Plan are for Illustrative purposes only and the applicant shall have the ability to locate the structures within the developable envelope of each lot as defined by the required setbacks imposed by this decision. 6 Zoning Board of Appeals Decision and Notice Appeal Number 1995-31 Old Colony Ch. 40B 16 A plan suitable for recording at the Barnstable County kegistry of Deeds titled "Definitive Plan 1 , of Land in Barnstable (Hyannis), MA prepared for Funding Services", dated May 08, 1995 and scaled 1 inch = 30 feet and that references conditions imposed by this decision, stamped and signed by a Registered Land Surveyor shall be submitted to this Board for endorsement, and said plan shall be recorded within sixty (60) days of said endorsement. 17 Prior to the issuance of any Building Permits, a Regulatory Agreement pursuant to the Local Initiative Program and consistent with the terms of this Comprehensive Permit shall be executed by EOCD,the Town of Barnstable by its Town Manager, and the Applicant, and a copy recorded at the Barnstable County Registry of Deeds, together with the applicable Deed Restriction approved by EOCD. 18 This Comprehensive Permit is granted to G-P Affordable Home Corporation. This permit shall not be transferred to any other corporation, person or entity. 19 This Decision shall be filed at the Barnstable County Registry of Deeds within sixty (60) days of the execution and issuance of this Decision by the Town Clerk of the Town of Barnstable. 20 Addressing and Number posting shall be in accordance with Town of Barnstable General Ordinance Article 5, Exhibit E, as to location of house number and posting... 21 No parking shall be permitted along the access way or along Old Colony Boulevard. All parking shall be within each individual lot and not within the panhandle of the back lots. 22 Curbing or Cape Cod Berms shall be installed along the common drives of 12 and 20 ft width as approved by the Dept. of Public Works Engineering Division. 23 A Homeowners Association shall be initiated by the developer and dues/assessments shall be required for maintenance and replacement of common elements/utilities including driveways, sewer, water and electrical. All 6 units shall be required to be members within the Association. The vote granting this Comprehensive Permit with Conditions was as follows: AYES: Ron Jansson , Richard Boy , Dexter Bliss ,Tom DeRiemer ,, Gene Burman ,and Emmett Glynn NAYS: None Order: Appeal No 1995-31 for a Comprehensive Permit in Accordance with MGL Chapter 40 B, has been granted with conditions. Any person aggrieved by this Decision may appeal to the Barnstable Superior Court as provided in Seption 17 of Chapter 40A of the Massachusetts General Laws, by filing a Complaint in said Court as well as filing a Notice of such action with the Barnstable Town Clerk within twenty (20) days of the filing of this Decision with the Barnstable Town Clerk's office. Ron . Janss n,Acting Chairman Date Signed I Linda ppanen, 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 19 under the pains and penalties of perjury. Linda Leppanen, Town Clerk This decision must be recorded at the Registry of Deeds. . 7 TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY i PARCEL ID 000 000 020 GEOBASE,-ID ADDRESS 51 OLD COLONY ROAD PHONE (508)420-1232 HYANNIS, MA ZIP 02601- LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT EMT TYPE SCOOZ �Y�EJIPTION E TFICAT I�FDO CUP �r PMT 49949 CONTRACTORS Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: BOND $.00 O� CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE t ; +► iARM�I,E, s OWNER G-P AFFORDABLE HOME CORP. , i639' ADDRESS 3111 fALMOUTH ROAD __�--� ED INI�►� MARSTONS MILLS, MA BUIL -°ING/DI I- - BY DATE ISSUED 09/09/1996 EXPIRATION DATE i i}:; f\'i N y ,x�v. )r1,7;>>.fl >' iZ ,,...�_ , yy , i � '�Z'"� c r ,,.wvmr-w+-r�^-s•+,-�..� 1•, ''" \ ✓. •:�� vg✓ } •:�lS'�t-r.•- N ' x .fi' r•.r..t r ,� j i• b �"-`�`S�t•`yr ? l .. a ` . J. ��� 2y .. r • 1 gk;�'" •♦ ♦ -k'�x,r ,ter 5y , C ,. g - TOWN._6F i > BUILs IT ����'�Y / i �} arr - i 1• } � -, � .,�s��1�'`x �, �{�.r;�4' ��� `y3-� 1 t .», �' '-x l 000 000 Of,U� 4 NG�:0BASE D k x sr a i fH lV� ADDRES. S1 {U♦1���/ID ��!�lM�(�NY ROAD' yr N=;� 1 k �� � i�`��������iONE (508)420=12 ' - - .I.ALY.tV.A.O l A J - �"Y {•5} ,f n t L A"ZSd� rZ•�?I.P 0..,63O1 - _ LOT Fj , tLOCK `'• DBA DEV'ELOPMEN`I' f rY DISTRICT PERMIT ':394: DESCRZPr-ION NEW SINGLE FA�fILX%AFFO�DA$L� HOUSIt��3 PERMIT TYPE BOILD TITLE NEW RESS/OOMt� BL�epd ent of Health, Safety CONTRACTORS F(: i�cAo xoM_ 'and Environmental Services R: ARCHITECTS% , ' TOTAL FEF, 103.Ott 30iD .00 S CONSTRUCT LON .COSTS $GJ;OQ0.00 tt , 101 SI�IGLEy'1�M, iOM DE`I'ACH..ED 1 PRIVATE: P � T ' STABLE. *' Y Aw OWNER ::G I' A.FFORDA*BLE HOME ADDRESS . xe 8111 fALMOUT11 ROI°,D � x 14ARS.2ONS MILLS, Mlt _ a aDlJili DATE ISSUED 08/28/1995 EXPI!NTION DATE B THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS MINIMUM OF FOUR CALL INSPECTIONS REQUIRED, r h APPROVED.PLANS MUST BE:RETAINED'ON JOB AND FOR ALL CONSTRUCTION WORK: THIS CARD KEPT POSTED UNTIL.FINAL INSPECTION WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- PERMITS ARE REQUIRED FOR 2.PRIOR TO COVERING STRUCTURAL MEMBERS PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS.BEEN'MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. ::B LDIN NS ECTION PP OVALS :•'PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS • - v r•; } o f ,emu 'Q 1 .. 1 d �n3 FAR `� >4�Z� 7 4 54 ? � �J r k2 i � F is Yf g j ,/ 1 HEATING ECTI N APPROVALS A� ENGINEERING DEPARTMENT x fy 1 6•r-': ( 9� t .xtr v t iA 414 2 � BOARD OF HEALTH Xzt OTHER: SITE PLAN REVIEW APPROVALS = x gyp/ &'7Sg :a t a� �Pi �-= `'�,. �. ,�xx. �, ti Sa"!,'t,'i�^�•�"6 i ,! �z'- �. • ,,,, a' - �W� �.. -: -kr. .o �•* `,�.`as�fly }r aye , S-�a f•,�.k} _ t r-H�Hai'?a s :y�f�£� �` ' �. WORK SHALL,NOT PROCEED UNTIL PERMIT WILL BECOME NULL.AND VOID IF CON IN3PEC�T..IONS INDICATED ON-THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN, 411 CARD CAN BE ARRANGED FOR BY , _; VARIOUS STAGES OF CONRTRI�� 11A010 Qlj QATE.THE PERM .IQ UE -'TE HONE OR WRITTEN NOTIFICA AT: S' �} �', Tf 508-790-622'�7 Tr-,. 1_ _ .'' _ r �n... ten• e , '. __ ... t . — -ma LOT 5 �20.28, N CONCRETE N FOUNDATION N � T.F. 26.7' i 1-7 N/F -- GENE do CAROLE A. RAPPEPORT �1+ LOT 6 11.790 of 'Av 0.27 acres o5 N hIV N/F CHARLES H. do JEANNE M. HEARSE • W JOB # 94-155 L-6 CERTIFIED PL 0 T PLAN LOCATION OLD COLONY ROAD HYANNIS, MA PREPARED FOR: SCALE : 1" 30' DATE 9-20-95 REFERENCE LOT 6 ° PB 516 PG 60 FUNDING SERVICES, INC. I HEREBY CERTIFY THAT THE STRUCTURE SHOWN GROUNDON THIS AS SHOWN HEREON. Of E EON.IS CATED ON THE ��N ,ya o� ARNE ott soe-see-4541 H. tax S08 see-98e0 OJALA NQ-26348 down cape euBeerinB, inc.CIVIL ENGINEERS LAND SURVEYORS — -- ------ — ------------ �-"b ea9 main et. parmouth, ma DATE REG. LAND SURVEYO r 6 #040 S J GTORY Ar OECI►�1R MT OF R28TRZCTM COV==8 FOR OVMMUMP PROJECT This Regulatory Agreement and Declaration of Restrictive Cove- nants (the "Agreement") is made this 3! *actign'�g",Ly 199-5- by and amdiig the Coa�onwealth pg Massachusetdayof and through the Executive Office of CommUnities and Developmeant/nepartMent of Co=m=ity Affairs ("$iQt'�13") , the �Z'own of I>�rnsiahla ("the Muni end - r ��� A��.� tion palityp) , a Massachusetts corporation/limited partnership, having an address at 3111 h Roadg rya tall tA► and its successors and assigns ("Project Sppnsorff) WITNESS : - R 'A , Loursuant to G.L. C. 40Bt 55 20-23 (the "Act"), and the final report Of the Special Legislative Commission Relative to Low and Moderate Income Rousing Provisions issued in April 1985, regulations have been promulgated at 760 CMR 45.00 (the "Regula- tions") which establish the Local Initiative prograt► SAS, the Project Sponsor intends to construct a housing development Jmown as 9210v Road a acre site on .-9ld col= Had . at Street/Road in the Municipality, more Particulmr ly described in Exhibit A attach ad hereto and made a part hereof (the "Project") ,.. WHEREAS, such Project is 1�to consist of a total number of Six 6) /detached dwellings (the "Unitas") and Of the Units will be: sold at prices specified in this A to persons or households with incomes at or below ®i htgre:emeant (6040 of the regional meediao. household' income (the "Sh yapercent Moderate Income Units") s ` they .Chief_Blected official of the Municipality term is de:fineed in the Regulations) and the Project Sposor have made application to hots to certify.. that the project eect is a valid Comprehensive► Per�,f,t Pr®j act (as that teM is dafined in the Regulations) within the LIP Program and therefor® that the Project Sponsor it; qualified to apply l to the , Municipality s Board ,of Appeals (as that test is defined in the Regulations) fair a comprehensive perc ,t purati nt to the Act (the oComprehensive Permit") , or have .Made application to .BOCD tO certify that the units in the Pro j act are Local, Initiative Units (as that term is defined in the RegulationB) With the LIP Prog p, and - �u►R�.-1, Z,AM P --------------------------------------------------------------------------------------------------------- 60 3E)Vd 6ZO991L809 6ZO99LL809 8Z:9Z 966t/91/80 W WHEREAS, in partial consideration of the execution of this Agree- ment, EOCD has issued or will issue its final approval. of the Project within the LIP Program and has given and will give i technical and other assistance to the' Project; NOW, THEREFORE, inconsideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which each of the parties hereto hereby acknowledge. to the other, EOCD, the Munici- pality, and the Project Sponsor hereby agree and covenant as follows (the provisions in brackets apply only to Comprehensive Permit Projects) : 1. The Project Sponsor agrees to construct the Project in accordance with plans and specifications approved by the Munici- pality and EOCD (the "Plans and Specifications") [and in accor- dance with all teens and conditions of the Comprehensive Permit] . In addition, all Low and Moderate Income Units to be constructed as part of the Project must be indistinguishable from other Units in the Project from the exterior, and must contain complete - living facilities including but not limited to a stove, kitchen cabinets, plumbing fixtures, and washer/dryer hookup, all as more fully shown in the Plans and Specifications . bl/A of the Low and Moderate Income Units shall be one bedroom units; N/A of the Low and Moderate Income Units shall be two bedroom units; Twn 42) of. the Low and Moderate' Income Units shall be three bedroom units; and, Ig/A of the Low and Moderate Income Units shall be four bedroom units. All Low and Moderate Income Units to be occupied by families must contain two or more bedrooms . Low and Moderate Income Units must have the following minimum areas: one bedroom units 700 square feet two bedroom units - 900 square feet three bedroom units - 1200 square feet four bedroom units - 1400 square feet The Project must fully 'comply with the. State Building Code and with all applicable state and federal building, environmental, health, safety and other laws, rules, and regulations, including without limitation all applicable federal and state laws, rules and regulations relating to the operation of adaptable and ' accessible housing for the handicapped. [Except to the extent that the Project is. exempted from such compliance by the Compre- hensive Permit, ] the Project must also comply with all applicable local codes, ordinances i,l and by-laws. i uPRA—2 arms 2. Each Low and Moderate Income Unit will be sold for no more than the price set forth in Exhibit B attached hereto and made a part hereof to an Eligible Purchaser. An Eligible Pur- chaser is a purchaser who ,Isatisfies the criteria set forth in. the LIP Guidelines for Communities (the "Guidelines") . Currently, under the Guidelines, an Eligible Purchaser is a person or family who has an annual income no greater than a Maximum Income of $3g,9M.,QQ„_,•_.._, which is eighty percent (80-t) of the regional median household income for a family of. four. The Maximum Income may be increased for larger families to the extent permitted by the Guidelines . The Maximum selling price set forth in Exhibit B for Low add Moderate Income Units having three or more bedrooms may be -increased by Five Thousand Five Hundred ($5,500) Dollars, if such Low and Moderate Income Units are marketed with prefer- ential marketing conducted in a manner satisf-actory to EOCD and the Municipality. 3 . Upon issuance of a building permit for the project; the Project will be included in the Subsidized Housing -Inventory as that te..m is described in 760 CMR 3.1.44 (1) . Only Low and Moder- ate Income Units will be counted as Subsidized Housing Units for the purposes of the Act. 4 . (a) At the time of sale of' each Low and Moderate income Unit by the Project Sponsor, the Project Sponsor shall execute and shall as a condition of the sale causer:%the purchaser of the Low and Moderate Income Unit to execute a Deed Rider in the form of Exhibit C attached hereto and made a part hereof (the "Deed Rider") . Such Deed Ridershall be attached to and made a part of the deed from the Project `Sponsor to the Unit Purchaser. Each such Deed Rider shall require the Unit Purchaser at the time he desires to sell the Low and Moderate Income Unit to I offer the Low and Moderate Income Unit to .the Municipality and to $OCD at a discounted purchase price more particularly described therein,. The Municipality and EOCD shall have the option upon terms more particularly described in the Deed Rider to either purchase the Low and Moderate Income Unit or to find an Eligible Purchaser. The Deed Rider shall require the Unit Purchaser and the Eligible Purchaser to execute at the time of resale a similar Deed Rider which will be attached and made a part of the deed from the Unit Purchaser to 'the Eligible Purchaser, so that the affordability of the Low and Moderate Income unit will be preserved each time that subsequent resales `ot the Low and Moderate Income unit occur. (The various requirements and restrictions regarding resale of a Low and Moderate Income Unit contained in the Deed Rider aYe hereinaf ter referred to as the "Resale Restrictions") . If upon the initial resale or any .,subsequent, resale of a Low and Moderate Income Unit, the Municipaiity and EOCD are unable to find an Eligible, Purchaser for the Low and Moderate Income Unit, and the Municipality and EOCD eac4 elect not to exercise its right to purchase the Low and Moderate Income Unit, then the then current owner of. the tow and Moderate Income Unit shall have the right to sell the Low and Moderate Income Unit to any person, . regardless .(,fl A=pended to the Deed Rider shall be an addend= entitled "Municivality'a , Pa4ht to Cure Default" in the foam of Exhibit D, attached hereto. uvRA-3 =rrrw of his income and at any" price, free of any future Resale Re- strictions, provided that the difference between the actual resale price and the discounted purchase price for which the . Municipality, EOCD or ani Eligible Purchaser, could have purchased the Low and Moderate Income Unit (the "Windfall Amount") shall be paid by the then current owner of the Low and Moderate Income Unit to the municipality. The Municipality agrees that all sums constituting Windfall Amounts from the sale of Low and Moderate Income Units shall be deposited in the Municipality' s Low and Moderate Income Housing Fund (as that term is hereinafter de- fined) . The Municipality agrees that in the event that it purchases a Low and Moderate Income Unit pursuant to its right to do so contained in the Deed Rider then in effect with respect to such Low and Moderate Income Unit, that the Municipality shall within six (6) months of its acceptance of a deed of such Low and Moderate Income Unit, either (i) sell the Low and.Moderate Income Unit to an Eligible Purchaser at the same price for which it purchased the ,Low and Moderate Income Unit plus any expenses incurred by the Municipality during its period of ownership such expenses to be approved by EOCD, subject to a Deed Rider satis- factory in form and substance to EOCD and the recording of an Eligible Purchaser Certificate satisfactory in formand substance to EOCD, the method for ..'Selecting such Eligible Purchaser to be approved by EOCD or (ii)` rent the Low and Moderate Income Unit to a person who meets the income guidelines of the LIP Program, upon terms and conditions satisfactory to EOCD and otherwise in conformity with the requirements of the LIP Proc„�ram. If the Municipality fails to sell or rent the Low and Moderate income unit as provided herein within said six (6) month period, or if at any time ,after the initial rental of the Low and Moderate Income Unit by the Municipality as provided herein the Low and Moderate Income Unit becomes vacant and remains vacant for more than ninety (90) days, then such Low and Moderate Income Unit shall cease to be counted as a Subsidized housing Unit, and shall no longer be included in the Subsidized Housing Inventory. (b) Each Low and Moderate Income Unit will remain a Subsi- . dized Housing Unit and continue to be included in the Subsidized Housing Inventory for as long as the following three conditions are met : (1) this Agreement remains in full force and effect and neither the Municipality nor the Project Sponsor are in default hereunder; . (2) the Project and the Low and Moderate Income Unit each continue to comply with the Regulations and the Guidelines as the same may be amended from time to time; and (3) either (i) a Deed Rider4'binding the then current owner of the Low and Moderate Income Unit to comply with the Resale Restrictions is in full force and effect and the then current owner of the Low and Moderate Income Unit is either in compliance with the terms of the Deed Rider, or the Municipality is in the process of taking such steps as may be required by EOCD to enforce the then current owner' s compliance with the terms of the Deed Rider or (ii) the Low and Moderate Income Unit is owned by the Municipali- ty and the Municipality is in compliance with the terms and LwRA-4 2n/94 conditions of the last preceding paragraph, or (iii) the Low and Moderate Income Unit is owned by EOCD. 5 . Project Sponsor agrees that the aggregate profit from the Project which shall be payable to Project Sponsor or to the partners, shareholders or other owners of Project Sponsor or the Project shall not exceed twenty percent (20t) of total develop- ment costs of the project, which development costs have been approved by the Municipality and by EOCD (the "Allowable Prof- it") . Upon issuance of a final Certificate of Occupancy for the Project or upon the issuance of final Certificates of Occupancy for, all of - the Units, the Project Sponsor shall deliver to the Municipality and to EOCD an itemized statement of total develop- ment costs together with a statement of gross income from the Project received by the Project Sponsor to date in form satisfac- tory to the Municipality and EOCD (the "Certified Cost and Income Statement") prepared and certified by a certified public accoun- tant satisfactory to the Municipality and to EOCD. If all units at the Project have not '`been sold as of the date the Certified Cost and Income Statement is deliverLd to the Municipality 'and to EOCD, the Project sponsor shall at least once every ninety (90) days thereafter until such time as all of the Units are sold, deliver to the Municipality and to EOCD an updated Certified Cost and Income Statement . All profits from the Project in excess of the Allowable -Profit (the "Excess Profit") shall be paid by the Project Sponsor to the Municipality. The Municipality agrees that all amounts constituting Excess profit shall be deposited in the Affordable Housing Fund (as hereinafter defined) . For so long as the Project Sponsor complies with the requirements of this Section 5, the Project Sponsor shall be deemed to be a limited dividend organization within the meaning of the Act. 6 . The Municipality agrees that upon the receipt by the Municipality of any Windfall Amount, Excess Profit, * or ,any amount paid to the Municipality pursuant to the provisions of Section 1, Section 3, or Section 4 of the Deed Rider (the "Additional Windfall Amounts") , the Municipality shall deposit any and all such Windfall Amounts, Excess Profit, or Additional Windfall Amounts into an interest bearing account established with an institutional lender approved by EOCD (the "Affordable Housing Fund") . Sums from the Affordable Housing Fund shall be expended from time to time by the Municipality for the purpose of reducing the cost of Low and Moderate Income Units to Eligible purchasers upon resale or for the purpose of encouraging, creating, or subsidizing the construction or rehabilitation of housing for persons and families of low and moderate income elsewhere in the Municipality. The expenditure of funds from the Affordable Housing Fund shall be made only with the approval of EOCD, such approval not to be unreasonably withheld. 7 . Prior to marketing or otherwise making available for sale any of the Units, the Project Sponsor must obtain EOCD's approval of a marketing .plan (the "Marketing Plan") for the Low uaRA-5 2nX4 and Moderate Income Units . Such Marketing, Plan must describe the buyer selection process for the Low and Moderate Income Units and must set forth a plan for affirmative marketing of Low and Moderate Income Units to minority households as more particularly described in the Regulations and Guidelines . At the option of the Municipality, the Marketing Plan may also include a prefer- ence for local residents for up to seventy percent (70%) of the Low and Moderate Income Units, subject to all provisions of the Regulations and Guidelines . When submitted to EOCD for approval, the Marketing Plan should be accompanied by a letter from the Chief Elected Official of the Municipality (as that term is defined in .the Regulations) which .states that the buyer selection and local preference (if any) aspects of the Marketing Plan have been approved by the Municipality and which states that the Municipality will perform any aspects of the Marketing Plan which are set forth as responsibilities of the Municipality in the Marketing Plan. The Marketing Plan must comply with the Regula- tions and Guidelines and with all. other applicable statutes, regulations and executive orders, and EOCD directives 'reflecting the agreement between EOCD and the U..S . Department of Housing and Urban Development in the case of NAACP, Boston Chapter v Kemg. If the Project is located in the Boston Standard Metropolitan Statistical Area, the Project Sponsor must list all Low and Moderate Income Units with the City of Boston's MetroList (Metro- politan Housing Opportunity Clearing Center) , at Boston City Hall, P.O. Box 5996, Boston, MA 02114-5996 (671-635-3321) . All costs of carrying out the marketing Plan shall be paid by the Project Sponsor. A failure to comply with the Marketing Plan by .the Project Sponsor or by the Municipality shall be deemed to be a default of this Agreement. The Project Sponsor agrees to maintain for at least five years following the sale of the last Low and Moderate Income Unit, a record of all newspaper ad, outreach letters, translations, leaflets, and any other outreach efforts (collectively "Marketing Documentation") as described in the Marketing Plan as approved by EOCD which may be inspected at any time by EOCD. All Marketing Documentation must be approved by EOCD prior to its use; by the Project Sponsor or the Municipal- ity. The Project Sponsor and the Municipality agree that if at any time prior to or during the process of marketing the Low and Moderate Income Units, EOCD determines that the Project Sponsor,, or the Municipality with respect to aspects of the Marketing Plan that the Municipality has agreed to be responsible for, has not adequately complied witFi the approved Marketing Plan, that the Project Sponsor or Municipality as the case may be, shall conduct such additional outreach or marketing efforts as shall be deter- mined by EOCD. 8 . Neither the Project Sponsorcnot the Municipality shall discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin, or any other basis prohibited by law in the selection of buyers for the Units; and the Project Sponsor shall not so discriminate in connection with the employment or application for employment of persons for the urRA-6 V7104 �_ r construction, operation or management of the Project . 9 . (a) The Project Sponsor agrees to comply and to cause the Project to comply with all requirements of the Regulations and Guidelines and all other applicable laws, rules, regulations, and executive orders . EOCD and the Chief Elected official of the municipality shall have access during normal business hours to all books and records of. the Project Sponsor and the Project in order to monitor the Project Sponsor' s compliance with the terms of this Agreement . (b) [If the Comprehensive Permit is granted by the Housing Appeals Committee (as defined in the Act) the Chief Elected Official shall reconfirmahis support for the Project in a manner satisfactory to EOCD at the time the Comprehensive Permit is granted.] (c) Throughout the term of this Agreement, the Chief Elected Official shall annually certify in writing to EOCD that each of the Low and Moderate Income Units 66fttinues to be occupied by a person who was an Eligible Purchaser at the time of purchase; that any Low and Moderate Income Units which have been resold during the year have been resold in compliance with all of the terms and provisions of the Deed Rider than in effect with respect to each such Low and Moderate Income Unit, and in compli- ance with the Regulations and Guidelines and this Agreement; and that the Project and the Low and Moderate Income Units have otherwise been maintained in a manner consistent with the Regula •tions and Guidelines, this Agreement, and the Deed Rider then in effect with respect to each Low and Moderate Income Unit. 10 . Upon execution, the Project Sponsor shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for the County where the Project is located or, if the Project consists in whole or .in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Land Court for the County where the Project is located (collectively hereinafter the "Registry of Deeds") , and the Project Sponsor shall pay all fees and charges incurred in `connection therewith. Upon recording or filing, as applicable, the Project Sponsor shall immediately transmit to EOCD and the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement. 11. The Project Sponsor hereby represents, covenants and warrants as follows: (a) The Project Sponsor (i) is a mmited nivid nd Coro. duly organized under the laws of the Commonwealth of Massa- chusetts, and is qualified to transact business under the laws of this State, (ii) has the power and author ity to own its properties and assets and to carry on «RA-7 . zn19a its business as now being conducted, and (iii) has the full legal right, power and authority to execute and deliver this Agreement. (b) The execution and perfo'imnance of this Agreement .by the Project Sponsor (i) will not violate or, as applicable, has not violated any provision of law, rule or regula- tion, or any order of any court or other agency or governmental body, and (ii) will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to"which the Project Sponsor is a party or by which it or the Project is bound, and (iii) will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Project Sponsor will, at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance (subject to encum- brances created pursuant to this Agreement, any loan documents relating to the Project the terms of- which are approved by EOCD, or other permitted encumbrances, including mortgages referred in paragraph 19, below) . (d) There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency, now pending, or, to the knowledge of the Project Sponsor, threatened against or affecting it, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. 12 . Except for sales of Units to home buyers as permitted by the terms of this Agreement, Project Sponsor will not sell, transfer, lease, exchange or mortgage the Project without the prior written consent of EOCD and the Municipality. 13 . Until such time as decisions regarding repair of damage due to fire or other casualty, or restoration after taking by eminent domain, shall b'e made by a condominium association or trust not controlled by the Project Sponsor, (or if the Project consists of detached dwellings, by homebuyers) Project Sponsor agrees that if the Project, or any part thereof, shall be damaged or ,destroyed or shall be condemned or acquired for public use, the Project Sponsor will use its ,,'best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with the terms of this Agreement, subject to the approval of the ;Yroject' s lenders, which lenders have been a� • X approved by EOCD and the Municipality. 14 . This Agreement shall be governed by the laws of the Commonwealth of Massachusetts . Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part, or provision of this Agree- ment shall not affect the validity of the remaining portions hereof . 15 . All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid", return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice: EOCD: Executive Office of Communities and Development Attention: Local Initiatives Program Director 100 Cambridge Street,—Room 1804 Boston, MA 02202 Municipality: Town of Barnstable Attention:, Warren Rutherford, Town Manager A 230 South Street Hyannis MA;, 02601 Project Sponsor: G-P Affordable Home Corporation 3111 Falmouth Road Marstons Mills MA 02648 16 . (a) This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable :housing restriction as that term is defined in G 'L. C. 184, § 31 and as that term is used in G.L. c.184, § 26, 31, 32 and 33 . This Agreement is made for the benefit of EOCD, and EOCD shall be deemed to be tSe holder of the affordable housing restriction created by this Agreement. EOCD has determined that the acquiring of such affordable housing restriction is in the public interest. The term of this Agreement shall be perpetual, provided however., that this Agreement shall terminate if (a) at ,any time hereafter there is no Low and Moderate Income Unit at the Project which is then subject to a Deed Rider containing the Resale Restrictions, and there is no Low and Moderate Income Unit . at the Project which isowned by the Municipality or EOCD as provided in Section 4 hereof, or (b) the Project is acquired by foreclosure or by instrument in lieu of foreclosure, provided LrRA-9 217194 . . that the holder of the mortgage gives EOCD and the Municipality not less then sixty (60) days prior written notice of the mort- gagee' s intention to foreclose upon the Project or to accept an instrument in lieu of foreclosure, or (c) Eif a Comprehensive Permit is not granted to the Project Sponsor for the Project by either the Municipality's Board of Appeals (as that term is defined in the Regulations) or by the housing.Appeals Committee (as that term is used in the Act) within a period of eighteen months from the date of execution of this Agreement, or] (d) [if at any time the Comprehensive Permit is revoked and all applica- ble appeal periods with respect to such revocation have expired]. If this Agreement terminates because of a foreclosure or the . acceptance of an instrument in lieu of foreclosure as set forth in clause (b) of this paragraph, the Municipality agrees that if at the time of such termination there is one or more Low and Moderate Income Unit at the Project which is then subject to a Deed Rider containing the Resale Restrictions or there is one or more Low and Moderate Income Unit at the Project which is owned by the Municipality or EOCD as provided in Section 4 Hereof, the Municipality shall enter into a neV ,Regulatory Agreement with EOCD with respect to such Low and Moderate Income Units which shall be satisfactory in form and substance to EOCD. (b) The Project Sponsor intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions con- tained herein shall be and are covenants running with the land, encumbering the Project' for the term of this Agreement, and are binding upon the Project Sponsor' s successors in title, (ii) are not merely personal covenants of the Project Sponsor, and (iii) shall bind the Project Sponsor, its successors and assigns and enure to the benefit of EOCD and its successors and assigns for the term of the Agreement. Project Sponsor hereby agrees' that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. (c) The Resale Restrictions contained in each of the Deed Riders which are to encumber each of the Low and Moderate Income Units at the Project pu=suant to the requirements of this Agree- ment shall also constitute an affordable housing restriction as that term is defined in G.L. c. 184, § 31 and as that term is used in G.L. c. 184, §§ 26, 31, 32,. and 33 . Such Resale Restric- tions shall be for the ,benefit of both EOCD and the Municipality and both EOCD and the Municipality shall *be deemed to be the holder of the affordable housing restriction created by the Resale Restrictions in "each of the Deed Riders. EOCD has deter- mined that the acquiring of such affordable housing restriction is in the public interest. To the extent thattthe Municipality is the .holder of the Resale Restrictions to be contained in each uPRA-10 2nA4 of the Deed Riders, the Secretary of EOCD by the execution of this Agreement hereby approves such Resale Restrictions in each of the Deed Riders for the Low and Moderate Income Units of the Project as required by the provisions of G.L. c. 184, § 32 . r 17 . The Project Sponsor and the Municipality each agree to submit any information, documents, or certifications requested by EOCD which EOCD shall deem necessary or appropriate to evidence the continuing compliance of the Project Sponsor and the Munici- pality with the terms of this Agreement. 18 . (a) The Project Sponsor and the Municipality each covenant and agree to give EOCD written notice of any default, violation or breach of the obligations of the Project Sponsor or the Municipality hereunder, (with a copy to the other party to this Agreement) within seven (7) days of first discovering such default, violation or breach (a "Default Notice") . If EOCD becomes aware of a default, violation, or breach of obligations of the Project Sponsor or the Municipality hereunder without receiving a Default Notice from Project Sponsor or the Municipal- ity, EOCD shall give a notice of such default, breach or viola- tion to the offending party (with a copy to the other party to this Agreement) (the "EOCD Default Notice") . If any such de- fault, violation, or breach is not cured to the satisfaction of EOCD within thirty (30) days after the giving of the Default notice by the Project Sponsor or the Municipality, or if no Default Notice is given, then within thirty (30) days after the giving of the EOCD Default Notice, then at EOCD' s option, and without further notice, EOCD may either terminate this Agreement, or EOCD may apply to any state or federal court for specific performance of this Agreement, or EOCD may exercise any other remedy at law or in equity or take any other action as may be necessary or desirable to correct non-compliance with this ' Agreement. (b) If EOCD elects to terminate this Agreement as the result of a breach, violation, or default hereof, which breach, viola- tion, or default continues beyond the cure period set forth in this Section 18, then the Low and Moderate Income Units and any other Units at the Project which have been included in the Subsidized Housing Inventory shall from the date of such termina- tion no longer be deemed low and moderate income housing for the purposes of the Act and shall be deleted from the Subsidized Housing Inventory. Z, 19 . The Project Sponsor represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms . and conditions hereof and that 'all such mortgagees have executed the Consent to Regulatory Agreement attached hereto and made a part :hereof. . LrRA-11 Anna Executed as a sealed instrument as of the date first above written. Project Sponsor C--P Affordable Home Corp. By: J sep C. Po caro i President Executive Office of Communities and Development/Department of Community Aff s By: its S rfitary . 7 Municipality By. i Z , i- ts Manag (Chief Elected Official) Attachments: Exhibit A - Legal Property Description Exhibit B - Prices of Low and Moderate Income Units Exhibit C - Form of.' Deed Rider Ls4UL Exhibit D - Municipality's Right to Cure Default Consent to Regulatory Agreement The Undersigned being the holder of a mortgage on the above described Project reco ed with the Registry of Deeds in Book 9751 , Pages 79 �o� i34`��1qereby consents to the execution and recording of thislgrl4eement*and to the terms and conditions hereof. FUNDING SERVICES,.:INC. (name ;off lender) Nancy Mancog its President (If the Project has more than one mortgagee, add additional consent forms. Execution of the consent form by a mortgagee is only necessary if the mortgage has been recorded prior to the Regulatory Agreement.) (*� Appended to the Deed Rider shall be an addendum entitled "Municipality's Right to Cure Default"- in the form of Exhibit D, attached hereto. UPRA-12 VIM COMMONWEALTH OF MASSACHUSETTS COUNTY OF .,R tRA)S ss. J t�LY' l 7 199_,-)_ T en personally appeared before me the above-named c A;4 0 R as c V 57 A f3!Wr I of the [Project Sponsor] and acknowledged the foregoing instrument to be his/her free act and deed and the free act and deed of No My Co tEts IJIy C0litiiii5:.;;r,;coca;:i4ren 2.2001 COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK, SS. J k.A 199 Then personally appeared before me the above-named Yll ry L A&Jg as 'GYK 4f,_f^ W- of the Executive Office of Communities and Develop- ment/Department of Community Affairs and aicknowledged the foregoing instrument to be his/her free act and deed and the free Ueof deed of the Executive Office of Communities and Development/Depart mmun' y Af •s. liatary public My Commission Expires: My commission expires Sept.7,2001 COMMONWEALTH OF MASSACHUSETTS COUNTY ,ss. _, 19 Them personally appeared before me the above-named /�jlr�ft'r as the 'r>,r.un /�''..�.>�»s of the City/Town of and acknowledged thee foregoing instrument to be his/her free act and deed and the free act and deed of said City/Town of Notary Wic My Commission Expires: _ TH OF MAS�SOMMONWEAL A �fi S COUNTY 19 9 TheA personally f appeared before me the above-named Tl,ry,€,� GLitnn as the -f C L4--Ln ' of Bank ancY acknowledged its consent to the foregoinj to his/h free act and deed and the free act and deed of said l- J ' ank. I Notary/Pub is My Commission Expires: My Corn mission, xpires..Sept..16,1 vRA-13 Z'r Consent to Regulatory Agreement Re: Old Colony Road (Project name) Barnstable (ivy/Town) GP Affordable Home Corporation (Project Sponsor) The Undersigned being the holder of a mortgage on the above described Project rec ed with the Registry of Deeds in Book q7 qq Pages 'MII'513`!, "hereby consents to the execution and recording of this Agreement and to the terms and conditions hereof . FUTIDIM SERVICES, INC. (name of lender) B y� Nancy Manoog' its , President 1 COMMONWEALTH OF MASSACHUSETTS COUNTY OF ��z ,�- s s . v' 19 9- Then personally appeared before me the above-named Yy cc c as the of Tr cr Bank and acknowledged its consent to the foregoing instrument to his/her free act and deed and the f ree act and deed of said FA i r"L rt S c l u'C-P— ;Znc. Bank. c otary Pub is My Commission Expires: j! ©mmI'D xpirsd Se;sf.."I6,1I?9 - - uPRA-14 sn164 EXHIBIT A Re: old colony Road (Project name) Barnstable (may/Town) r P Affordable Hame Earnr,ration (Project Sponsor) Property Description •.� III ,.•;Vr Vr BP,109126"0062 94-04-01 10:45 *2019 7 EXHIBIT A The land together with any buildings thereon . situated on Old Colony Boulevard, Barnstable (Hyannis) , Barnstable County, Massachusetts, and being shown as Lot 1 on a plan of land entitled, "Plan of Land in Hyannis, Mass. for Richard. L. Washington, Scale 1 " = 40' , October 28, 1981 , Revised November 20, 1981 , Ira R. Thache=, Jr. , Reg.: Land Surveyor" which plan is recorded in Barnstable Plan Book 399, Page 25 . Said premises are subject to and with the benefit of.. all, rights; restrictions, reservations, easements and agreements, OE". record, if any, insofar as the same are now in force and applicable. For title reference see deed recorded January 24, 1994, at Barnstable County Registry of Deeds in Book 9017, Page 074 . y BARNSTABLE REGISTRY OF DEEDS r EXHIBIT B Re: Old Colony Road —01RE=e) Barnstable Ayl s own) Affordable Home Corporation ro�ect apomoq Maxim= cell ina Prices for Low and Moderate Income Ur_=ts One bedreom units $ N/A Two bedroom un_t s $ N/A Three bedroom u n:ts $ Rn,c;00. 0n Four bedroom ur_'_ts U./A " If the Maximum Selling Prices, provided in chapter five of the Local Initiative Program Guidelines for Communities are increased, the Maximum Selling Prices provided herein may be increased proportionately, but only with the prior approval of the munic__ality and EOCD. Location of Low and Moderate Income Units The hcusing units which are Low and Moderate Income Units are those desicnated as lot/unit numbers Two (Z) and Five (5) on Definitive Plan of Land in Barnstable (Hyannis) FX a plan of land entitled MA Prepared for Funding Services, Inc. recorded with the Barnstable County Registry of Deeds in Book 515 , Page .60 :2,45ADecision recorded Barn. Reg. Deeds in Book 975� Page 247 on July 18, 1995. F] floor plans recorded with the Master Deed of the Condominium recorded with the Registry of Deeds in Book Page EXHIBIT C 1T0 BE REPLACED BY BLANK DEED RIDERI LOCAL INITIATIVE PROGRAIM DEED RIDER For Ownership Project (anne:ted to and ;Wade part of that certain deed (the "Deed" ) from ( "Grantor" ) to ("Grantee") dammed 1�9� ) WITNESSETH WHEREAS, pursua^t to M.G . L. c. 40B, §§20-23 (the "Act") and the final report of the Special Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in April, 1989 , regulations ha-re been promulgated at 760 CMR 45 . 00 et seq. (the "Regulations" ) which establish the Local Initiative Program ( "LIP" ) ; WHEREAS, the Executive Office of Communities and Development of the Commonwealth of Mas.sachusetts, an executive office duly organized and existing pursuant to Chapter 6A of the General Laws, acting by and though its Department of Community Affairs pursuant to Chapter 23B of the General Laws ( "EOCD" ) administers the LIP Prcgram on behalf of the Commonwealth; WHEREAS, it is the purpose of the LIP Program to give cities and towns greater flexibility in their efforts to provide afford- able housing to households having low and moderate incomes . WHEREAS, the City/Town of (the "Municipality") acting by and through its Chief Elected Official (as that term is defined in the Regulations) has elected to participate in the LIP Program: WHEREAS, EOCD has determined that the rights and restric- tions granted herein to EOCD and to the Municipality serve the public' s interest in the creation and retention of affordable housing for persons and :families of low and moderate income and in the restricting of the resale price of property in order to assure its affordability by future low and moderate income purchasers; WHEREAS,. pursuant to the LIP Program, eligible purchasers such as the Grantee are given the opportunity . to purchase certain property at a discount of the property' s appraised fair market value if the purchaser agrees to convey the property on resale to an eligible purchaser located by the Municipality or EOCD, to the Municipality, or to EOCD for a "Maximum Resale Price" equal to the appraised fair market value of the property at the time of UPDR-1 2/4/94 i resale, as determined by EOCD, multiplied by the applicable Discount Rate (as hereinafter defined) , or, if there is no eligible purchaser to purchase the property at the Maxi-,:am Resale Price, then for a lesser amount equal to or greater than the purchase price plus costs of capital improvements and marketing expenses ; WHEREAS, .the Grantor and the Grantee are participating in the LIP Program, and in accordance with the LIP Program the Grantor is conveying that certain real property more pa__icularly described in the Deed ( "Property" ) to the Grantee at a c�nsider- ation which is less than the appraised value of the Prc_erty; and WHEREAS, a Discount Rate equal to 0 of the ap_raised fair market value of the Property (the "Discount Rate" ) as determined by EOCD is hereby assigned to the Property, and such Discount Rate shall be used in determining the Maximum Resale Price of the Property (UPON ITS DETERMINATION OF THE DISCOUNT RATE FOR THE PROPERTY, EOCD WILL ISSUE TO THE GRANTEE-A CERTIFICATE IN RECORDABLE FORM (THE "DISCOUNT RATE CERTIFICATE" ) WEICH STATES THE APPROVED DISCOUNT RATE FOR THE PROPERT': AND WHICH SHALL BE RECORDED WITH THE FIRST DEED OF THE PROPERTY. ) ; NOW THEREFORE,. as further consideration from the Grantee to the Grantor, EOCD and the Municipality for the conveyance of the Property at a discount in accordance with the LIP Program, the Grantee, his heirs, successors and assigns, hereby agrees that the Property shall be subject to the following rights and re- sz:rictions which are hereby imposed for the benefit of, and shall be enforceable by, the Grantor' s assignees and designees, the Secretary of the Executive Office of Communities and Development, or its successors, assigns, agents and designees ( "Secretary") and the Municipality, acting by and through its Chief E=ected Official . 1 . Right of First; Refusal : . (a) When the Grantee or any successor in title to the Grantee shall desire to sell, dispose of or otherwise convey the Property, or any portion thereof, the Grantee shall notify the Secretary and the Municipality in writing of the Grantee' s intention to so convey the property ( "Notice" ) . The Notice shall contain an appraisal of the fair market value of the Property acceptable to the Secretary and the Municipality prepared by a real estate appraiser acceptable to the Secretary and the Municipality and qualified to appraise property for secondary mortgage markets and recognized as utiliz- ing acceptable professional appraisal standards in Massachusetts, and the Notice shall set forth the Discount Rate and the Maximum Resale Price of the Property. Within thirty (30) days of the giving of the Notice by the Grantee, the Municipality shall notify the Grantee in writing (with a copy to the Secretary) as to whether the Municipality is proceeding to locate an eligible uPDR-2 zarsa 4 purchaser of the Property or the Municipality shall exercise its right of first refusal to purchase the Property (the Municipal- ity' s Notice . ) If the Municipality' s Notice states that the Municipality is not proceeding to locate an eligible purchaser and that the Municipality shall not exercise its right of first refusal to purchase the Property, or if the Municipality fails to give the Municipality' s Notice within said thirty (30) days then, and only under such circumstances, the Secretary may, at any time from the thirty first (31st) day after the giving of the Notice to and including the fortieth (40th) day after the giving of the Notice, notify the Grantee in writing (with a copy to the Munici- pality) as -to whether the Secretary is proceeding to locate an eligible purchaser of the Property, or whether the Secretary shall exercise its right of first refusal, to purchase the Prcperty (the Secretary' s Notice" . ) For the purpose of this Deed Rider, an "eligible purchaser" shall mean a purchaser who satisfies the criteria set forth in the LIP Program guidelines in effect at the time the Municipality or the Secretary locates such purchaser, and who, if located by the Municipality, is ready and willing to purchase the Property within ninety (90) days after the Grantee gives the Notice, or who, if located by the Secretary, is ready and willing to purchase the Property between ninety (90) days and one .hundred five (105) days after the Grantee gives the Notice . (b) in the event that (i) the Municipality' s Notice states that the Municipality does not intend to proceed to locate an eligible purchaser and that the Municipality does not intend to exercise its right of first --efusal to purchase the Property, or the Municipality fails to ga ;e the Municipality' s Notice within the time period specified above and (ii) the Secretary' s Notice states that the Secretary does not intend to proceed to locate an eligible purchaser and that the Secretary does not intend to exercise its right of first refusal to purchase the Property, or the Secretary fails to give the Secretary' s Notice within the time period specified above, the Grantee may convey the Property to any third party free . of all restrictions set forth herein, provided, however, all consideration and payments of any kind received by the Grantee for the conveyance of the Property to the third party which exceeds the Maximum Resale Price shall be immediately and directly paid to the Municipality. Upon receipt of this excess amount, if any, the Municipality, acting by and through its Chief Elected Official, and the Secretary or the Secretary' s designee shall issue to the third party a certificate in recordable form (the "Compliance Certificate") indicating the Municipality' s receipt of the excess amount, if applicable, or indicating that no excess amount is payable, and stating that the Municipality and the Secretary have each elected not to exercise its right of f irst_ refusal hereunder and that all rights, re- strictions, agreements and covenants set forth in this Deed Rider shall be henceforth null and void. This Compliance Certificate is to be recorded in the appropriate Registry of Deeds or regis- uPDR-3 2i4i94 h tered with the appropriate Registry District of the Lard Court and such Compliance Certificate may be relied upon by the then owner of the Property and by third parties as constituting conclusive evidence that such excess amount, if any, has been paid to the Municipality, or that no excess amount is payable, and that the richts, restrictions, agreements and covenants set forth herein are null and void. (c) In the event the. Municipality, within said thirty (30) day period, notifies the; Grantee that the Municipality is pro- ceeding to locate an eligible purchaser or that the Municipality shall exercise the Municipality' s right of first refusal to purchase the Property, the Municipality may locate an eligible purchaser, who shall purchase the Property at the Maximum Resale Price subject to Deed Rider satisfactory in form and substance to EOCD, within ninety (90) days of the date that the Notice is given or the Municipality may purchase the Property itself at the Maximum Resale Price within ninety (90) days of the date that the Notice is given. If the Municipality shall fail to locate an eligible purchaser who purchases the Property within ninety (90) days of the date that the Notice is given, and if the Municipali- ty fails to purchase the Property itself within said period, then, and only in such circumstances the Secretary, without any additional notice to the Grantee, may between ninety one (91) days of the date that the Notice is given and one hundred five (105) days of the date that the Notice is given, purchase the Property itself at the Maximum Resale Price, or locate an eligi- ble purchaser, who shall between ninety one (91) days and one hundred five (105) days �of the date that the Notice is given purchase the Property at, the Maximum Resale Price, subject to a Deed Rider satisfactory in form and substance to EOCD. If more than one eligible purchaser is located by the Municipality, the Municipality shall conduct a lottery or other like procedure approved by EOCD to determine which eligible purchaser shall be entitled to the conveyance of the Property. If more than one eligible purchaser is located by the Secretary, the Secretary shall conduct a lottery or other like procedure in the Secre- tary' s sole discretion to determine which eligible purchaser shall be entitled to the conveyance of the Property. (d) If an eligible purchaser is selected to purchase the Property, or if the Municipality or the Secretary elects to purchase the Property, the Property shall be conveyed by the Grantee to such eligible purchaser or to the Municipality or the Secretary as the case may be, by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except (i) such taxes for the then current year as are not due and payable on the date of delivery of the deed (ii) any lien for municipal betterments assessed after the date of the Notice, (iii) provisions of local building and zoning laws; (iv) all easements, restrictions, }' UPDR-4 2i4g4 covenants and agreements of record specified in the Deed from the Grantor tc Grantee, (7) a Regulatory Agreement among EOCD, the Municipality and (the Project Sponsor] dated and recorded with the Registry of Deeds in Book , Page , (the "Regulatory Agreement" ) or any successor regulatory agree- ment entered into between EOCD and the Municipality pursuant to the provisions of Section 16 of the Regulatcry Agreement, (vi) such additional easements, restrictions, covenants and agreements of record as the Municipality and the Secretary consent to, such consent nct to be unreasonably withheld or delayed, and (vii) in the event that the Pr_-perty is conveyed to an eligible purchaser, a Deed Rider satisfactory in form and substance to EOCD which the Grantee hereby agrees to annex to said deed. (e) Said deed shall be delivered and the purchase price paid (the "Closing" ) at the Registry of Deeds in the .County where the Property is located, or at the option of the eligible purchaser (or the Municipality cr the Secretary, as the case may be, if the Municipality or the Secretary is purchasing the Property) , exercised by written notice to the Grantee at least five (5) days prior to the delivery of the deed, at such cther place as the eligible vurchaser (cr the Municipality or the Secretary, as the case may be, if the Municipality or the Secretary is purchasing the Property) may des_gaate in said notice. The Closing shall occur at such time and on such date as shall be specified in a written notice from the eligible purchaser (or the Municipality or the Secretary is purchasing the Property) to the Grantee, which date shall be the least five (5) days after the date on which such notice is given, and if the eligible purchaser is located by the Municipality, or if the Municipality is purchasing the Property no later than ninety (90) days after the Notice is given by the Grantee, or if the eligible purchaser is located by the Secretary, or if the Secretary is purchasing the Property, no earlier than ninety one days (91) days after the Notice is given by the Grantee and no later than. one hundred five (105) days after the Notice is given by the Grantee . (f) To. enable Grantee to make conveyance as herein provided, Grantee may if he so desires at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests; all instruments so procured .to be recorded simultaneously with the delivery of said deed. (g) Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of Closing and the net amount thereof shall be added to or deducted from, as the \case may be, the purchase price payable by the eligible purchaser or by the Municipality or the Secretary. UPDR-5 2/4/84 (h) Full possession .of the Property free from all occupants is to be delivered at the time of the Closing, the Property to be then in the same condition as it is in on the date hereof, reasonable wear and tear, only excepted. (i) If Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of condition in the Property not included in the above exception shall occur, then Grantee shall be given a reasonable time not to exceed thirty (30) days after the date on which the Closing was to have occurred in whichh to remove any defect in title or to restore the Property to the condition hereby provided for. The Grantee shall use best efforts to remove any such defects in the title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The 'Closing shall occur fifteen (15) days after notice !by Grantee that such defect has been cured or that the Property has been so restored. The eligible purchaser (or the Municipality or the ' Secretary, as the case may be, if the Municipality or to Secre- tary is purchasing the . Property) shall have the election, at either the original or any extended time for performance, to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the purchase price without deduction, in which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been damaged by fire or casualty insured agai .st or if a ,portion of the Property shall have been taken by a public authority, then the Grantee shall, unless the Grantee has previously restored the Property to, its former condition, either: . (i) pay over or assign to the eligible purchaser or the Municipality or the Secretary as the case may be, on delivery of the deed, all amounts recovered or recover- able on account of such insurance or condemnation award less any amounts reasonable expended by the Grantee for the partial restoration, or (ii) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned, give to the eligible purchaser or to the Municipality or the Secretary, as the case may be, a credit against the purchase price, on delivery of the deed, equal to' said amounts -so retained by the holder of the said mortgage less: any amounts reasonable expended by the Grantee for any partial restoration. (j ) If the Municipality fails to locate an eligible purchas- er who purchases the Property within ninety (90) days * after the UPDR-6 2i4/e4 Notice is given, and the Municipality does not purchase the Property during said period, and the Secretary fails to locate an eligible purchaser who purchases the Property between ninety one (91) days and one hundred five (105) days after the Notice is given, and the Secretary does not purchase the Property within said period, then following expiration of one hundred five (105) days after the Notice is given by Grantee, the Grantee may convey the Property to any third party free and clear of all rights and restrictions contained herein, including, but not limited to the Maximum Resale Price, provided, however, all consideration and payments of any kind received by the Grantee for the conveyance of the Property to the third party which exceeds the Maximum Resale Price shall be immediately and directly paid to the Municipality. Upon receipt of this excess amount, if any, the Municipality and the Secretary shall issue to the third party a Compliance Certificate in recordable form indicating the Munici- pality' s receipt of the excess amount, if any, and indicating that the Municipality and the Secretary have each elected not to exercise its right to locate an eligible purchaser and its right of first refusal hereunder and that all righ:s, restrictions, agreements and covenants contained herein are henceforth null and void. This Compliance Certificate is to be recorded in the appropriate Registry of 'Deeds or registered with the apprcpriate Registry District of the Land Court and such Compliance Certifi- cate may be relied upon by the then owner of the Property and by third parries as constituting conclusive evidence that such excess amount, if anv, has been paid to the Municipality and that the rights, restrictions, agreements and covenants set forth herein are null and void. 2 . Resale and Transfer Restrictions : Except as otherwise stated herein, the Property or any interest, therein shall not at . any time be sold by the Grantee, the Grantee' s successors and assigns, and no attempted sale shall be valid, unless : (a) the aggregate value of all consideration and payments of every kind given or paid by the eligible purchaser (as located and defined in accordance with Section 1 above) or the Municipal- ity or the Secretary, as the case may be, to the then owner of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property, and (i) if the Property is conveyed to an eligible purchaser, unless a certificate (the "Eligible Purchaser Certifi- cate") is obtained and recorded, signed and acknowledged by the Secretary or the Secretary' s designee and the Municipality acting by and through its Chief Elected Official which Eligible Purchas- er Certificate refers to the Property, the Grantee, the eligible purchaser thereof, and the Maximum Resale Price therefor, and states that the proposed conveyance, sale or transfer of the Property to the eligible purchaser is in compliance with the rights, restrictions, covenants and agreements contained in this uPDR-7 214194 Deed Rider, and unless there is also recorded a new Deed Rider executed by the elig'_ble purchaser which new Deed Rider the Eligible Purchaser Certificate certifies is satisfactory in form and substance to EOCD and the Municipality; (ii) if the Property is conveyed to the Municipality unless a Certificate (the "Munic- ipal Purchaser Certificate" ) is obtained and recorded, signed and acknowledged by the Secretary or the Secretary' s designee and by the Municipality, acting by and through its Chief Elected Offi- cial, which Municipal Purchaser Certificate refers to the Proper- ty, the Grantee, the Municipality, and the Maximum Resale Price for the Property and states that the proposed 'conveyance, sale or transfer of. the Property to the Municipality is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider; or (b) pursuant to Sections 1 (b) or 1 (f) , any amount in excess of the Maximum Resale Price which is paid to the Grantee by a purchaser who is permitted to buy the Property pursuant to Sections 1 (b) or 1 (f) , is paid by the. Grantee to the Municipali- ty, and the Secretary or, the Secretary' s designee and the Munici- pality acting by and through its Chief Elected Official execute and deliver a Compliance Certificate as described in Section 1 (b) or 1 (f) fcr recording with the appropriate registry of deeds or registry district . - (c) ;Zy good faith purchaser of the Property, any lender or other party taking a security interest in such Property and any other third party may rely upon a Compliance Certificate or an Eligible Purchaser Certificate or a Municipal Purchaser Certifi- cate referring to the Property as conclusive evidence of the matters stated therein and may record such Certificate in connec- tion with conveyance of the Property, provided, in the case of an Eligible Purchaser Certificate and a Municipal Purchaser Certifi- cate the consideration recited in the deed or other instrument conveying the Property upon such resale shall not be greater than the consideration stated in the Eligible Purchaser Certificate or the Municipal Purchaser Certificate as the case may be. If the Property is conveyed to =the Secretary, the acceptance by the Secretary of a deed of the Property from the Grantee and the recording of such deed shall be deemed conclusive evidence that all rights, restrictions, covenants and agreements set forth in this Deed Rider have been complied with and no certificate to that effect shall be necessary to establish the validity of such conveyance . If the Property is conveyed to the Municipality, any future sale of the Property by the. Municipality shall be subject to the provisions of Section 4 of the Regulatory Agreement. (d) within ten (10) days of. the closing of the conveyance of the Property from Grantor to Grantee, the Grantee shall deliver to the Municipality and to the Secretary a true and certified copy of the Deed of the Property, together with information as to LIPDR-8 2/4194 i the place of recording thereof in the public records . Failure of the Grantee, or Grantee' s successors or assigns to ccmply with the preceding sentence shall not affect the validity of such conveyance . (e) Notwithstanding anything to the contrary contained in this Deed Rider, the Maximum Resale Price shall not be less than the purchase price which the Grantee paid for the Property plus the costs of capital improvements and marketing expenses . (f) The Grantee understands and agrees that nothing in this Deed Rider .or the Regulatory Agreement in any way constitutes a promise or guarantee by EOCD or the Municipality that the Grantee shall actually receive the Maximum Resale Price for the Property or any other price for the Property. 3 . Restrictions Against Leasing and Junior Encumbrances : The Property shall not be leased, refinanced, encumbeiedf (volun- tarily or otherwise) or mortgaged without the prior written consent of the Secretary and the Municipality, provided, however, that this provisicn shall not apply to a first mortgage granted in connection with this conveyance . Any rents, profits, or proceeds z"rom any transaction described in the last preceding sentence which transaction has not received the prior written consent of the Secretary and the Municipality shall be paid to and be the property of the Municipality. In the event that the Secretary and the Municipality in the exercise of their absolute discretion consent to any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents, profits or proceeds from such transaction which exceed the carrying costs of the Property aspdetermined by EOCD and the Municipality in their sole discretion shall be paid to and be the property of the Municipality. 4 . Riahts of Mortgagees : (a) Notwithstanding anything herein to the contrary, but subject to the next succeeding paragraph hereof, if the holder of record (other than the Grantor or any person related to the Grantor by blood, adoption, or marriage, or any entity in which the Grantor has a financial interest) of a first mortgage granted to a state or national bank, state or federal savings and loan association, cooperative bank, mortgage company, trust company, insurance company or other institutional lender or its successors or assigns (other than the Grantor, or any person related to the Grantor by blood, adoption or marriage, or any entity in which the Grantor has a financial interest) shall acquire the Property by reason of foreclosure or similar remedial action under the provisions of such mortgage or upon conveyance of the Property in lieu of foreclosure, and provided that the holder of such mortgage has given EOCD and the UPDR-9 214/e4 i Municipality not less than (60) days prior written notice of its intention to foreclose upon its mortgage or to accept a convey- ance of the Property in lieu of foreclosure, the rights and restrictions contained herein shall not apply to such holder upon such acquisition of the Property, any purchaser (other than the Grantor or any person related to the Grantor by blood, adoption or marriage, or any entity in which the Grantor has a financial interest) of the Property at a foreclosure sale conducted by such holder, or any purchaser (other than the Grantor or any person related to the Grantor by blood, adoption or marriage, or any entity in which the Grantor has a financial interest) of the Property from such holder, and such Property shall thereupon and thereafter be free from all such rights and restrictions . (b) In the event such holder, conducts a foreclosure or other proceeding enforcing its rights under such mortgage and the Property is sold f or a price in excess of the greater of (i) the sum of the outstanding principal balance of the note secured by such mortgage plus all future advances, accrued interest and all reasonable costs and expenses which the holder is entitled to recover pursuant to the terms of the mortgage and (ii) the Maximum Resale Price applicable on the date of the sale, such excess shall be paid to the Municipality in consideration of the loss of the value and benefit of the rights and restrictions herein contained held by the Secretary and the Municipality and released by the Secretary and the Municipality pursuant to this section in connection with such proceeding (provided, that in the event that such excess shall be so paid to the Municipality by such holder, the Municipality shall thereafter indemnify such holder against loss or damage to such holder resulting from any claim made by the mortgagor of such mortgage to the extent that such claim is based upon payment of such excess by such holder to the Municipality in accordance herewith, provided that such holder shall give the Municipality prompt notice of any such claim and shall not object to intervention by the Municipality in any proceeding relating thereto. ) In order to determine the Maximum Resale Price of .the Property at the time of foreclosure or other proceeding, the Municipality or EOCD may, at its own expense, obtain an appraisal of the fair market value of the Property satisfactory to such holder. The Maximum Resale Price shall be equal to the appraised fair market value so obtained, multiplied by the Discount Rate assigned to the Property. If the holder disagrees with such appraised value, the holder may obtain a second appraisal, at the holder' s expense and the Maximum Resale Price shall be equal to the average of the two appraisal amounts multiplied by the Discount Rate. To the extent the Grantee possesses any interest in any amount which would other- wise be payable to the Municipality under this paragraph, to the fullest extent permissible by law, the Grantee hereby assigns its interest in such amount to said holder for payment to the Munici- pality. UPDR—10 Zuaa 5 . Covenants to Run With the Property: (a) The Grantor and the Grantee, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grant and assign. to the Municipality, the Municipality' s agents, succes- sors, designees and assigns and to the Secretary, the Secretary' s agents, successors, designees and assigns the right of first refusal to purchase the !Property as set forth herein, and the right to enforce the rights and restrictions, covenants and agreements set forth in this Deed Rider. The Grantor and the Grantee hereby grant to the Municipality and to the Secretary the right to enter upon the Property for the purpose of enforcing any and all of the restrictions, covenants and agreements herein contained, and to enforce the Municipality' s and the Secretary' s rights of first refusal to purchase the Property and the rights of the Municipality and the Secretary to designate a purchaser of the Property as set forth herein, and of taking all actions with respect to the Property which the Municipality or the Secretary may determine to be necessary or appropriate, with or"w_thout court order, to prevent, remedy or abate any violation of the restrictions, covenants and agreements and to enforce the Munici- pality' s and the Secretary' s rights of first refusal to purchase the Property and the rights of the Municipality and the Secretary to designate a purchaser of the Property set forth herein. . The rights hereby granted to the Municipality and the Secretary shall be in addition to and not in limitation of any other rights and remedies available to the Grantor or the Municipality or the Secretary for enforcement of the restrictions, rights, covenants. and agreements set forth in this Deed Rider. It is intended and agreed that .all of the agreements, covenants, rights and restric- tions set forth above shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee, the Grantee' s successors and assigns and any party holding title to the Property, for the benefit of and enforceable by the Municipality, the Municipality' s agents, successors, designees and assigns and the Secretary, the Secre- tary' s agents, successors, designees and assigns for a period which is the shortest of (i) fifty years from the creation of the restriction, or (ii) upon the recording of a Compliance Certificate or (iii) upon the recording of an Eligible Purchaser Certificate and a new Deed Rider executed by the eligible purchaser referenced in the Eligible Purchaser Certificate, which new Deed Rider the Eligible Purchaser Certificate certifies is in form and substance satisfactory to EOCD and the Municipality or (iv) upon the conveyance . of the Property to the Municipality and the recording of a Municipal Purchaser Certificate as set forth herein or (v) upon the conveyance of the Property to the Secretary in accordance with the terms hereof . (b) This Deed Rider and all of the agreements, restrictions, rights and covenants contained herein shall be deemed to be an UPDR-11 2i4194 . t affordable housing restriction as that term is defined in M.G .L. C . 184 , § 31 and as that term is used in M.G.L. C . 184, §§ 26 , 31, 32 , and 33 . (c) The Grantee intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Deed Rider and the covenants , agreements, rights and restrictions contained herein shall be and are covenants running with the land, encum- bering the Property for the term of this Deed Rider, and are binding upon the Grantee' s successors in title, (ii) are not merely personal covenants of the Grantee, and (iii) shall bind the Grantee, its successors and assigns and enure to the benefit of the Municipality and the Secretary and their successcrs and assigns "or the term of the Deed Rider. Grantee hereby agrees that any and all requirements of the laws of the Commonaealth of Massachusetts to be satisfied in order for the provisions of this Deed Rider to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full . (d) Without limitation on any other rights or remedies of the Grantor, the Municipality, and the Secretary, their agents, successors, designees and assigns, any sale or other transfer or conveyance of the Property in violation of the provisions of this Deed Rider, shall, to the maximum extent permitted by law, be voidable by the Municipality, the Municipality' s agents, succes- sors, designees and assigns or by the Secretary, the Secretary' s agents, successors, designees or assigns by suit in equity to enforce such rights, restrictions, covenants, and agreements . 6 . Notice : Any notices, demands or requests that may be given under this Deed Rider shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or such other addresses as may be specified by any party by such notice . Municipality : EOCD: Executive Office of Communities and Development Att''ns LIP Director 100 Cambridge Street, Room 1804 Boston, MA 02202 UPDR-12 Lass Grantor: Grantee • Any such notice, demand or request shall be deemed to hake been given on the day it is hand delivered or mailed. 7 . Further Assurances : The Grantee agrees from time to time, as may be reascnably required by the Municipality or the Secretary, to furnish the Municipality and the Secretary with a written statement, signed and, if requested,. acknowledged, setting forth the condition and occupancy of the Property, information concerning the resale of the Property and all. other information pertaining to the Property or the Grantee' s eligibil- ity for and conformance with the requirements of the LIP Program. 8 . Waiver : Not^_ng contained herein shall ' limit the rights of the Secretary to release or waive, from time to time, in whole or in part, any of the rights, restrictions, covenants or agree- ments contained herein with respect to the Property. Any such release or waiver must be made in writing and must be executed by the Secretary or his/her designee . 9 . Severability: If any provisions hereof or the applica- tion thereof to any person or circumstance shall come, to any extent, to be invalid or unenforceable, the remainder hereof, or the application of such provision to the persons or circumstances other than those as to which it is held invalid, orunenforceable, shall not be affected thereby, and each prcvision hereof shall be valid and enforced to the fullest extent permitted by law. 10 . Right to Cure Default: See Addendum .marked 'Exhibit D - Addendum to LIP Deed Rider ' entitled "Municipality ' s Right to Cure Default. " S UPDR-13 2/4/94 r Executed as a sealed instrument this day of 199� Grantor: By Signature Name Its Grantee: . By Signature Name Signature Name i,suP�t-a�. COMMONWEALTH OF MASSACHUSETTS County of ss 199 Then personally appeared the above-named Grantor, and acknowledged the foregoing instrument to be his/her free act and deed, before me. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS County of ss 199 Then personally appeared the above-named Grantee W , and acknowledged the foregoing instrument to be his/her/their free act and deed, before me. Notary Public My commission expires: UPDR-14 versa EXHIBIT D - Addendum to LIP Deed Rider (Annexed to and made a part of that certain Deed from (Grantor) to (Grantee) Dated: MUNICIPALITY'S RIGHT TO CURE DEFAULT WHEREAS, LIP Deed Rider §4(a) requires that the holder of a first mortgage give E.O.C.D. and the Town of Barnstable (the Municipality) not less than sixty (60) days prior written notice of its intention to foreclose upon its mortgage or to accept a conveyance in lieu of foreclosure; THEREFORE, (1) If at any time the Grantee is in default under the note or other obligation secured by the first mortgage on the Property, the Town of Barnstable (the Municipality), at its option but without obligation to do so, without notice or demand to the Grantee and without releasing the Grantee from any liability, may make any payment or perform any act to cure said default. (2) The undersigned, being the holder of the first mortgage on the Property, hereby consents and agrees to this Municipality's Right to Cure Default. Dated: 1995. GRANTEE(S): HOLDER OF FIRST MORTGAGE: By: - — (Signature) (Name) By: (Printed Name) (Signature) By: Its (Signature) (Office Held) (95-00181GPdderl) /72 Z5 ono P-a '5 ti -ISS rflo'- - - - - -- �'a r7� �ircc� t/c✓ rooms--- O' on ' d 5. e� Or /�. or F.S. G�G✓. —o/C S.C. o i- 4.5 KA j 3 ,0_7 o ,7� `�.IME A The Town of Barnstable BARE. Department of Health Safety and Environmental Services MASS. � s6sv .0 p�F1639• Building Division 367 Main Street,Hyannis,MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Inspection Correction Notice Type of Inspection Location C%,.� �OL6�`� Permit Number �� t r Owner �� �I(Z C) Builder �,CC(J One notice to remain on jobsite, one notice on file in Building Department. The following items need correcting: DU — 7— Y N-61- Please call: 508-790-6227 for reeinspection. Inspected by 1 �� ( � Date p . 1. M A.- ,a S Lo-r , P5 0� : , y y : n f c r a +s G' . W `. ti pp AFlNE NE H. 1 OJA I o JALA IVIL ' \� 9--r MA. I.A► i I..l ' p � � �4 - ��4 a>i.l�:.i l� ��4�.t:�►��°�.aws��r .:,,� 60 Q � I MAIN STREET N SOUTH STREET ' P4 Q-� OAK NECK p O 70 rfl §) CB � FND LOC U � LOCUS MAP NO SCALE ;v�' FOR REGISTRY USE ONLY NN ASSESSORS MAP 306 CV PARCEL 283 ZONING: RS N/F 2 LOT AREA: 43,560 S.F. SUSAN WASHINGTON f` MIN FRONTAGE. 20 FT PROBATE 11091 FRONTAGE: 100 FT. SETBACKS: 20-F, 10-S&R AREA OF PARCEL: 78,761 S.F. 1.81 AC. DATUM ASSUMED HYANNIS QUAD N.G.V.D. FLOOD ZONE C PANEL 250001 0006 D 7/2/1994 OWNER OF RECORD: E FUNDING SERVICES, INC. 193.63' . DEED BOOK 9017 I PAGE 74 119.53. row h� 3• N , o , o �v �� LOT 1 - LOT 2 11,594 sq.ft h 0.26 Acres g 18,387 sq.ft I 0.42 Acres , • o � r 179.53. 32 z 0 N S 8003 " 3 0 2 5 E w iV w o O 122.13• �o h O • N 8 33'25" tN N S 80°33'25" F 121.12, o E .> N/F p C. MARCIA WOOD rn DEED BOOK 8595 PAGE 25 3 � LOT 3 LOTS a o0) 10,201 sq.ft �• O� 17,920 sq.ft 0.23 Acres r7 0.41 Acres COS Y O v 0 to m N In w O19 a _ N/F N 90 Q 1pp CHARLES A. HARKINS (.4 lv $ �gop7,o6y_'�� DEED BOOK 7399 PAGE 149Cp z o LOT 4 0 8,868 sq.ft ry`� 0 0.20 Acres o j ul o , u- AL �s O 1 / TIMOTHY H. & MELINDA CHAPIN �p DEED BOOK 5703 PAGE 232 6' N 78 4�, 4f CD `•� S , 4 h I w N 80�33'25" W N �w i -.� 120.28 ''~---- 1 1 12 A ��•' LOT 6 N BRB= ' N - 11 790 s .ft /F rn q F D v rn 0.27 Acres GENE & CAROLE'A. RAPPEPORT DEED BOOK 5648 PAGE-50 I _ FND 0 �; _ D E.FINI TI VE PLAN j N/F j CHARLES H. & JEANNE M. BEARSE - q� DEED BOOK 903 PAGE 420 O, �ry OF LAND IN CP w BARNSTABLE (HYANNIS) MA N/F PREPARED FOR CAPTAIN GOSNOLD VILLAGE TR. CERT. # 1441A BARNSTABLE SUBDIVISION # —————— LCP 36029 , A DECISION FILED AT THE OFFICE 'FUNDING SERVICES INC. - BY :-.- _,OF,-, ..r - �.a T^se A I ,p'n M i ��/�! ,• 1 ri iH THIS PLAN IS APPROVED AS A COMPREHENSIVE PERMIT. WHICH PERMITIS ATTACHED HERETO.` PERMIT IS RECORDED IN BOOK 2 PAGE -441 BARNSTABLE ZONING BOARD OF APPEALS DATE: N C• gR�- SCALE: 1" = 30' -- PC�N Ch�•'�?,cS10�J , DATE: MAY 8, 1995 30 0 30 60 90 Feet CERTIFY THAT THI µ'' /�`N OF Mq PLAN WAS MADE IN �FA sr9� I, LINDA LEPPANEN, CLERK OF THE TOWN OF BARNSTABLE, ACCORDANCE WITH f,EGISTRY OF DEEDS HEREBY CERTIFY THAT THE NOTICE OF APPROVAL OF THE REGULATIONS EFFEC'IVE JANUARY 1, 1976. H. COMPREHENSIVE PERMIT FOR THIS PLAN BY THE ZONING OJALA r 11-- 28seA BOARD OF APPEALS WAS RECEIVED AND RECORDED AT THIS OFFICE AND' NO NOTICE OF APPEAL WAS RECEIVED DURING THE TWENTY DAYS NEXT AFTER SUCH RECEIPT AND RECORDING OF SAID NOTIC off 508-362-4541 fox 508 362-9880 DATE OWN CLERK _ DATE s ARNE H. OJALA, P.L.S. I , down cape engineering, inc. CIVIL ENGINEERS LAND SURVEYORS 939 main st, yarmouth, m.a. N/F f SUSAN WASHINGTON MAIN STREET N SOUTH STREET ; i I o OAK NECK F / -1 w o p � 70 cn pro a¢. 74. 10, 93,63' G LOCUS GOSNOLD ST. rn / _ 0 1 7 9,53, LOT 2 , � 0.42 Acres 11,594\sq.ft UILDING 0.26 Ares VFBACK LINES ! I LOCUS MAP NO SCAL� \ � ASSESSORS MAP 306 PARCEL 283 ��' ZONING: RS LOT AREA: 43,560 S.F. MIN FRONTAGE: 20 FT � � / � j } FRONTAGE: 100 FT. PROPOSED j SETBACKS: 20-F, 10-SWR / f k HOUSE ' AREA OF PARCEL: 78,761 S.F. 1.81 AC. / �ROPOSED / t DATUM ASSUMED' HYANNIS QUAD N.G.V.D. / HOUSE FLOOD ZONE C / 1 / / PA,"tiEL 250001 0006 D 7/2/1994 / i f 1 � / L ^2 / o - O — _� D / � / N � 12 1 / ! 0 V NSF , � _ ` _ i o — � J+J ))r � Y C. MARCIA WOOD l BUILDING i SETBACK LINES'} / as / 1 i SErB BUILDING ,O T 3 � HOUSOSEO SETBACK LINES I / / OWNER OF RECORD: 2° 2� ,o� � 10,201 sq.ft r / �- , 1 0.23 Acres FUNDING SERVICES, !NC. LOT � ! � � � / DEED BOOK 9017 PAGE 74 17c�20 s , � 3. 0.41 Acres' f °o CHARLES A. HARKINS + , /:. PROP ED ' i { PROPOSEDX / 3 HOUSE f Q J I _ BUILD`CK\t NES 1{?.4' l SE?BA I 04 )T y�1� TINIC T HY H. & MELINDA. CHAPIN �, — �—' cCA��- 20' i �� I ✓� +� 0.20 F3 '/ SATE. -8—g5 0 20 ,acres � o o 1 f IN 1-4 ID -' nO L i..f 3. lJ LLJ `� 7 0n' p � 0.27 Acres 3 1 �! ( / o 0 40 60 a ee. �0 _ 1 ! BU!_DING SETBACK LINES PROPOSED 'HOUSE , A 1 j` �\ I\ BEN_ CAR`! E A. '^fir J AIN N], I S B ARNS 8 MM A F U N D N` G " ERVICES , H' 1C . CO _ r i "o / �.�I`F CHARLES a. & JEANNE ,M. BEARSc ;F'Ur TIMOTHY 2 cY' d C0 E?_� _ DA TIMO T' H. COVELL, P.L.S. ` off 508-362-4541 fax 508 362-9880 down cape engineering, inc. _)7 / CIVIL ENGINEERS LAND SURVEYORS / { / 939 main st. yarmouth, ma