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0077 SIXTH AVENUE (HYANNIS)
�7 S 1x �y �� �� Y, . . i c Town of Barnstable *Permit# o � Regulatory Services �Fxres 6 ' the m rime iBAMSMBLE, L -r v ''Al - �g Thomas F.Geiler,Director 16.39. APR 2 5 2013 Building Division Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 TOWN OF BARNSTABLE www.town.bamstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number Property Address Residential Value of Work I'Y�� Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address la o b"O L 711 os k n Ma oa?I 7 Contractor's Name r— p� Telephone Number'Oe &6 X aA45_ Home Improvement Contractor License#(if applicable) e/ /Pf(' Constructi Supervisor's License#(if applicable) orkman's Compensation Insurance Check one: ❑ [a "sole proprietor m the Homeowner I have Worker's Compensation Insurance Insurance Company Name It_ _ � e!�� Workman's Comp.Policy# Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) ❑ Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to _ ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) ❑ Re-side t #of doors ® Replacement Windows/doors/sliders.U-Value - (maximum.35)#of windows *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 requir SIGNATURE: C:\Users\decollik\AppData\Local\Microsoft\Windows\Temporary.Internet Files\C tent.Outlook\DDV87AAZ\EXPRESS.do6 Revised 072110 E' C! ...J The Commonwealth of Massachusetts Department of Indust ial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www mass.gov/dia Workers'Compensation Insurance Affidavit: Builders/Contractors/Electricians/PIumbers Applicant Information Name(Bnsinesslorganizatio Please Print Lebibly n/Individuat);. Address:' City/State/Zip: ' Phone.#: ' Are yam an eploye ?-EI�ecIthe appropriate box: 1. I am a employer with, 4. [�I am a general contractor and`I �e.ofpi o7ect( q°nleemployees(fual.and/or:parE time * have hired the sub=contractors 6• ❑New constriction 2•[) I am a sole propriefor or partnerlisted on the ar ched sheet` 7- []Remodelingshipand have no employees. These sub-contractors have8working for me in an Demolitiony capacity, employees and have workers'[No workers'comp.insurance comp.insurance.# 9• []Building addition iequired] 5. E] We are a corporation and its 10.[]Electrical repairs 3.❑ I am a homeowner doing all work officers have exercised their `m self 11:Q,Plumbing repairs . y [No workers'comp. .right of exemption per MGL insurance required.]t : : c;152 1 4 12.0 Roof repairs . §.O,and we'have no employees. [No workers' 13.[rOther (,ytYl�� . S' comp.insurance required] - `Any applicant that checks box#1 must also fill out the section below showing their workers'compensation pohcy`information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors.must submit a new affidavit indicating-sash. xContractors that check this box must attached an additional sheet showing the name of the sub-contractors and-stateiether of not those entities have employees. if the subcontractors have employees,they must provide their workers'co policy number. nI p cy Ism an employer That isproviding workers'compensation insurance for my employees Below is thepolicy and job srfe information. Insurance Company Name: Policy#or Self ins.Lio:# + Expiration Date: Job Site Address: a City/State/Zip- Attach a copy of the workers'compensation policy declaration.page(showing..the policy. mumbe�a d e Failure to secure-tsovera a as re expiration date).. 8 quired 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 bne-year uiiPnsonmeut;as well as civil penalties in the7form 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 statementmay be forwarded to the"Office of Investigations of the D]A for insurance covers a verification I do here a under the poi' -and penalties o perjury that the information provided above.is true and correct i tare: — . Date: eA9 Phone Official use only. Do not write in this area,to be completed by city or town o fficiaL City or Town: f Permit/License# Issuing Authority(circle one):, 1.Board of Health 2.Building Department 3.City/Town Clerk 4.-Electrieai Insp 6.Other ector 5.Plumbing Inspector Contact Person: ` Phone#: Client#:9742 2BAKERAS UA I k(MMIUDIYY Y Y) ACORD CERTIFICATE OF LIABILITY INSURANCE 04/25/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.H 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 C NIA I NA Mk: Dowling&O'Neil PHONNE EAI 508 775-1620 me NU_ 5087781218 Insurance Agency k-MAIL ADDRESS: 973 lyannough Rd., PO Box 1990 INSURERS}AFFORDING COVERAGE NAIC A Hyannis,MA 02601 INSURER A:National Grange Mutual Insuranc IRsuRkD INgBRERB:Associated Employers Insurance Baker&Associates,inc. P O Box 923 INSU RkR C - Centerville, MA 02632-0071 wsuRERO: INSURkN k INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDMONOF ANY CONTRACTOR OT-IER 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: EYCLUSION S AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM:. INSR IYvk OF INSUNAIvCk AD UB POLCYEFF POLICYEXP LIMI18 LTR INSH WVU POUCYM1MULH MMIDD:YYY WWDDIYYYY A GENERAL LIABILITY MPJ7223M 19/2013 0411912014 EACHOCCURPENCE $1 000000 JAMAGF I D HFN IFO X COMFAFRCIAI GI-NI I AiiI I rREMISESjEavccullwreei $500000 CLAIMS-MADE 1OCCUR MED EYF(Any $10000 Ili FFRRONAI AAI)VINM)H'f $1,000,000 GENER-ALA.GGREGATE Y2,000000 _I (;FN•I A66KI-G;AI F I IFAI I APPI IF"; ". FRC1111I[:I:i-(;:iMF'hiF A(i(i $2,000,000 POLICY r LOC AU I OMGBILL L1AMII Y CC>MHINFII fiWC;I F I IUt❑ . _ (Ea au�'cJwilj 1 ANY AUTOBOCIlLY INJURY(Pw unlrwln) ALLCWNED SCHEDULED HODII;NI fPU,1carT.T1t) All I(IS At II O:; `-- NC:N-O W NFI) FRC IFFMAG HIRI-1)4t1IO; AUTOS f'nI'U UFABRELLA LIAR iliX;11R FAI:H .FNI;F $ - kzCLSSLIAD CLAIM;-A7ADE - AGGREGATE $ _ IF I1 RF I FN I ICON$ } t B rvORIcEMS COWt:NSA I ION WCC50050024542013A 2312013 04123/201 X "�"'I AII) E Fi. AND EMPLOYERS'LIABILITY c �l ANY rr(OrRIETOR/rP,RTt4ER/EXECUTPIE Y,N - F.I.FAC H ACOIJFNI $500 000 _q OFFICI-WPAFMHFRFXC:IIIIIFII? N INIA (Mandatary In NH) E.L.DISEASE-EA EMrLQYEE $500 000 _._14 a If Y :dyaclibn Undnl I oe F.I.Nr.;FA�tF-Finli;Yl!rvl :3500,000 DESCR rTIC14 CF OPERATIONS bnhw, UtSCHIP I ION OF OPkNA I IONS I LOCAI IONS I VkNICLLS(ANach ACOHU 401,Adcluarlll Remark.Schadula,If morn%pica Is mqulrad) Insurance coverage is limited to the terms,conditions,exclusions,other limitations and endorsements. Nothing contained in the certificate of € q insurance shall be deemed to have altered,waived,or extended the ' f coverage provided by the policy provisions. CERTIFICATE HOLDER CANCELLATION 1 ` SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Barnstable -n r cxrinATlotJ DAT[ n Icmctr. NOTlor WILL DC D[LIVGnco In 1g 200 Main Street ACCORDANCE \KITH THE POLICY PROVISIONS. t Hyannis,MA 02609 1 AUTHORIZED REPRESENTATIVE - 9 I t n 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD LS1 #S 1104031M 110402 APR-24-2013 09: 11AM Farr: Id:BAKER 9 ASSOCIATES PaGe:002 R=95' �1 F AlithonZation' Form: as owner,of the subject property, hereby authorize Baker &Associates to act on my behalf, in all matters relative to work authorized by this building permit application for Address of rope�'� 77 Sixth Ave. P W. H annisport, MA I Signature of owner: Print Name: A✓4C L e . Date: 3 , azi s ac h Z i set Is 0 ':1 j Boarri of 9-40ding Regusatllo.— ,instruction Superi i.or CS-009714 RIMARD P. GARNEAU JR 251 Woodside Rd-- West Barnstable MA 04/0412014 01 Business IF fa r' B sR g Office of Consumer C i s nd usi e ulation 1.0 Park Plaza - Suite 5170 Boston, Massachusetts 02116 Home Improvement Contractor Registration Registration: 162600 Type: Supplement Cat Expiration: 3/26/2013 BAKER & ASSOCIATES INC. RICHARD GARNEAU 521 SHOOTFLYING HILL RD CENTERVILLE,, MA 02632 Update Address and return cart]. Mark reason for change. Address Renewal Employment hIst Cal iW-':'()V I MI N 1 )N I 1 0,R 10 Palk I'la/A Not A;I Ild It'!I I The Commonwealth of Massachusetts William Francis Galvin-Public Browse and Search Page 1 of 1 The Commonwealth of Massachusetts William Francis Galvin Secretary of the Commonwealth,Corporations Division One Ashburton Place,17th floor t Boston,MA 02108-1512 Telephone:(617)727-9640 BAKER&ASSOCIATES,INC.Summary Scrcon Wit with.tlm form. RequestaCert'rficate� ' The exact name of the Domestic Profit Corporation: BAKER&ASSOCIATES.INC. The name was changed from: BAKER CUSTOM ALUMINUM&VINYL COMPANY.INC.on 1/8/2004 Entity Type: Domestic Profit Corporation Identification Number: 043299771 Old redefal Empi.0yof(dsnti}icatlon-Number(Old FEIN): 000000000 Date of Organization in Massachusetts: 01/01/1996 Current Fiscal Month/Day:12/31 Previous Fiscal Month I Day:12 131 The location of its principal office: No.and Street: 521 SHOOTFLYING HILL RD. City or Town: CENTERVILLE State:MA Zip: 02632 Country:USA If the business entity is organized wholly to do business outside Massachusetts,the location of that office: No.and Street: City or Town: State: Zip: Country: Name and address of the Registered Agent: Name: CAROL BAKER No.and Street: 521 SHOOTFLYINGHILL RD City or Town: CENTERVILLE State:MA Zip: 02632 Country:USA The officers and all of the directors of the corporation: Title Individual Name Address(no Po Box) Expiration First,Midde,Lest,Suffix Address,CRY or Town,State,hit Cod e of Term PRESIDENT - MARK BAKER 521 SHOOT FLYING HILL CENTERVILLE,MA 02632 US PRESIDENT. .MARK BAKER 521 SHOOT FLYING HILL CENTERVILLE,MA 02632 US F ' TREASURER CAROL BAKER MRS 521 SHOOTFLYINGHILL ROAD - CENTERVILLE,MA02632 US SECRETARY RICHARD GARNEAU JR. 251 WOODSIDE RD WBARNSTABLE,MA 02632 USA DIRECTOR - MARK BAKER MR 521 SHOOTFLYINGHILL ROAD CENTERVILLE,MA 02632 US business entity stock is publicly traded:,- The total number of shares and par value,if any,of each class of stock which the business entity is authorized to issue: Par Value Per Share Total Authorized by Articles Total Issued Class of Stock Enter 0 if no Par of Organization or Amendments and Outstanding Arum of Shares Total Par Value -Num of Shares - CNP $0.00000 too $0.00 20 Consent _ Manufacturer _ Confidential Data _ Does Not Require Anniia Report _ Partnership X Resident Agent X For Profit _ Merger Allowed http://corp.sec.state.ma.us/corp/corpsearch/CorpSearchSummary.asp?ReadFromDB=True&... 4/9/2013 COMMONWE ALTH OF MAS ACHUSETTS OFFICE OF CONSUMER AFF IRS AND x a BUSINESS REGULATION 10 Park Plaza—Suite 5170,Boston MA 02116 (617)973-8700 FAX(617)973-8799 °mow www.mass.gov/consumer DEVAL L. PATRICK CiRF.GORY BIALECKI GOVERNOR SECRETARY OF HOUSING AND ECONON114 MVELOPMENT I'IMOTtIY P.MURRAY 1.11:M iN.ANTG0VERNOR BARBARA ANTHONY UNDFRSECRE'I'ARY Request For Supplementary HIC Cards It is recognized that some construction firms may have a need for additional identification card(s)for officers, partners,o r other key employees as means of identification in eating with building officials,potential customers,and the like. Additional ID cards will be issued upon proper completion and sub slon of this form along with a$10 fee for each additional card requested (CERTIFIED CHECK OR MONEY ORDER). The egistration number will be the saute as the original applicant registration number,and the ID card will list the name of the applicant and the name of the individual to whom it is issued. The address of the individual should be the address at which the person is based(i.e.,a branch office, main office,or home address). Cards will be issued only to officers, partners,or employees of the registration. THE REGISTRATION AND THE NAME OF THE RESPONSIBLE INDIVIDUA L WILL STILL HAVE THE JOINT AND SEVERAL LIABILITY FOR WORK CONDUCTED AS NOTED IN MGL c 142A AND 780 CM R R6 AND WILL BE RESPONSIBLE FOR THE WORK OF THE INDIVIDUALS ISSUED A SUPPLEMENTARY CARD. THE HOLDERS OF THE SUPPLEMENTARY CARDS WILL NOT BY REASON OF BEING ISSUED SUCH A CARD ASSUME SUCH LIABILITY THESE CARDS ARE ISSUED AS A CONVENIENCE TO THE REGISTRANT. Additional Home Improvement Contractor identification cards are requested for the following individuals: PLEASE TYPE OR PRINT LEGIBLY NAME T LE ADDRESS SOCIALSWURITI`# Qb I hereby authorize the issuance of supplementary cards to the above—named INDIVIDUALS aW HO ARE EMPLOYED BY THE HOME IMPROVEMENT CONTRACTOR REGISTRATION IN THE CAPACITIES NOTED. I understand that the registrant will be completely responsible for the work of the individuals,and will be responsible for the proper use of these cards and their return if the status of the individual(s)with the registrant changes. SIGNED UNDER THE PENALTIES OF PERIURY: Registration/Business Name: e?r Registration Number: w t oozed st ature of the registrant Title —Date Please return this form along with the approprialefees($10.00 PER CARD)to the address above. For Official Use Only: Registration Number: Processed By: .. _ .........._...`.� API. UNITED STATES _ E C E 1 P T . '. JUPOST/.lLSERV/CE® fir ^1 Y z ✓# w •n,iE ,;;:, SEE BACK OF THIS RECEIPT Pay t KEEPsT FOR IMPORTANT CLAIM UA RECEIPT R INFO RMATIO YOUR RECORDS NOT _ NEGOTIABLE Serial Number Year,Month,Day Post Office Amount Clerk 20955653335 2013-04-11 0am $10.00' ow .115E 5 955 b :12 0013000OMs SNOISS3SSOd OM/'S'f13H1 NI AlNO 9b1 i 3N+'a wwwww P •- ;>;•r -o�eo mve�euv,,>u• iawodsaiascou�nsoozo F.. t b000 trse n i & a e�PPv WR ' -s.. wwqp K+-10 ogled jll u0, L 10 Tit !�. SEEE5955602 s3ua0 PUB sJe11o0'Stl eg{(}ysF, FaRk iegwnNleues y U. ; .......... I' I Office of Consumer Affairs and usiness Regulation 10 Park Plaza- Suite 5170 Boston, Mass ac setts 0211-6 Home Improvement for Registration Registration: 166170 ��`Z Type: Individual L j z W Expiration: 5/5/201:4 Tro 224760 RIDHARD P. GARNEAU JR.- RIeHARD GARNEAU JR. Q P.O.-BOX 476 W. BARNSTABLE, MA 02668 q� T��°•v s��y`0 Update Address and return card.Mark reason for change. Address [] Renewal 0 Employment E] Lost Card UPS-CAI d.6Q W044101,418 \ u License or"registration valid.for individul use only Office 0 Consu�m c A airs&B mess Regulation before the expiration date. If found return to:. kVHOME IMPROVEMENT CONTRACTOR Type Ufficc of consumer Affairs and Business Regulation Registration' 170 10 Park Plaza-Suite 5170, , Expiration: t4 Individual Boston,MA 02116 RIRD- RICHARDP.GA GARN 251 WOODSIDE R j W._BARNSTABLE, ~� Undersecretary Not v lid without signature Town of Barnstable Regulatory Services • BARNSrnai.e. MASS. $ Thomas F. Geiler,Director 163 o. Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 November 3, 2006 Livia M. Davis, Individuals Department Director Housing Assistance Corpration 460 West Main Street Hyannis,MA 02601 Re: 77 Sixth Avenue, West Hyannisport,MA Dear Ms. Davis, I am in receipt of your letter dated October 23, 2006 and the additional information provided therein. Upon further analysis of all the materials submitted,we have determined that the educational instruction occurring at this property does not fit into the"educational exemption" outlined in G.L. c. 40A §3. Specifically, this instruction is capable of occurring at any location, thereby making this property predominately a shelter. I would like to take this opportunity to remind you that the above mentioned property is located in a single-family residential zone, specifically"RB". This district allows a family in residence to rent rooms to no more than three unrelated persons. If you have any questions,please do not hesitate to contact me. Smc y 0 em', Building Comr: over 't�7md4� wal"4e wow October 23, 2006 Tom Perry Town of Barnstable Building Commissioner 200 Main Street Hyannis, MA 02601 Dear Mr. Perry, Thank you for meeting Rick Presbrey and I at 77 Sixth Ave • on October 13th. Enclosed you will find additional information regarding the educational components e provided at Sixth Ave as we discussed. I hope this provide you with the answers to the questions asked by Robin and yourself. As you read the curriculum, please understand that the process of,transitioning from homelessness to independence is not an exact science for which there is one proven method or educational track. The educational components that we are offering, P 9 are two- o pronged: education and,support specific to the individual, and education and support in areas that we have found, via our 22- ear experience servicing homeless individuals Y P 9 are common skills that need to be either learned or re- learned for anyone who has experienced homelessness. Residents are taught via-the completion of daily tasks as well as in a group and/or classroom setting. Lastly, we have changed the locks as required. incere y, ivia M. Davi S • Individuals Department Director www.haconcapecod.org What is Sixth Ave? Sixth Ave is an educational project focusing on the provision of life-, and educational/vocational skills development for six formerly homeless adults (18 or older) in a residential setting. Residents chosen to live at Sixth Ave will be able to meet tenancy requirements and have agreed be part of an educational project in order to gain the skills needed to live independently. Key educational features The three overall goals of Sixth Ave are for residents to increase skills and income, increase self-determination and increase housing stability. To accomplish those three overall goals, residents will follow an Individual Service Plan developed according to their specific needs, as well as receive instruction in the following areas: Life skills A Licensed Therapist and a retired minister facilitate an 8- week group on transitioning from homelessness to housing. The goal is to help ease the transition from being homeless to living in a residential setting with other people. The curriculum include: 1) how to establish networks in order to reenter society such as a church, volunteering, civic groups etc., 2) life skills such as effective confrontational skills that lead to real conversations and mutually beneficial outcomes, 3) the importance of building relationships (since many homeless people have taught themselves not to rely on anyone),4) how to handle change effectively and why it is so hard and 5) how to live with, and get along with other people. This 8-week course is provided twice a year and progress is measured via participation in the group and progress in achieving goals outlined in the Individual Service Plan. Tenancy skills The case manager, via weekly interaction, will teach residents how to be good tenants. Curriculum includes importance of paying rent on time; understanding the lease requirements; tenancy responsibilities; how to read a utility bill; importance of weatherization; housing history; references; when to talk to your landlord; tenancy rights; landlord rights; reasonable accommodations; housing search, and what to do if you are on a waiting list for housing. Housekeeping skills Via daily and weekly interaction residents will be taught the "why, how and when" of housekeeping. How and where to store cleaning supplies; importance of maintaining cleaning equipment; how to clean an oven, refrigerator;toaster; bathroom etc. When to wear gloves, how to care for floors, recycling versus trash, etc. Nutritional skills Via weekly shopping and meal preparation, residents will learn how to purchase and prepare nutritionally balanced meals within their budget abilities. How to read a food label, processed food versus fresh ingredients, and easy to prepare meals are all topics that will be covered. Job readiness skills Via weekly interaction and specific workshops residents will be taught: What do employers look for? The importance of timeliness, dependability and specific job competencies. Assessment of work history, specific skills, interests and attitude towards work will be completed and the following community resources accessed as needed: )TEC, Mass Rehab, 4 C's and HAC's Employment Specialist. Basic computer skills Via off-site and on-site computers, instruction on basic computer skills will be provided including how to turn a computer on, how to access internet, how to set up a personal e-mail account, how to manage e-mails, how to write a resume and how to print it out. Budgeting skills Via weekly house meeting residents will be taught how to open a bank account, how to obtain an ATM card, how to balance a check book, and what bills to pay and how to budget remaining balance. Medication administering skills Via licensed provide at Duffy Health Center, residents will be taught how to administer medication as appropriate. Substance abuse recovery skills As appropriate, residents will receive the necessary substance abuse recovery supports including AA attendance, treatment options, education about disease progression etc., from a licensed Duffy Health Center provider. Behavioral health recovery skills As appropriate, residents will receive the necessary support and instruction in when to ask for help, signs of common challenges facing homeless individuals such as depression and hopelessness and various treatment options. Supports and instruction will be provided by a licensed Duffy Health Center care provider. In addition to measuring progress for each residents via daily, weekly and monthly interactions, progress towards skills achievement will also be measured via the enclosed pre-, and post test questionnaire that relies on self- reporting as well as the observations of the case managers. This questionnaire is required by one of the funding sources for the program support, the Massachusetts Behavioral Health Partnership. Hamm 4NUMNOftm � e wow September 20,2006 Tom Perry e Town of Barnstable Building_Commissioner 200 Main Street Hyannis,MA 02601 e Dear Mr. Perry, e I am writing,to you regarding our property located on 77 Sixth Ave in West Hyannis Port. We would like to receive a Certificate of Occupancy for six bedrooms as of September 30'',2006 per our application to Town of Barnstable's Building Department in May 2006 which was submitted by Michael Princi from the law firm of Wynn&Wynn LLP on behalf of Housing Assistance Corporation. C3 Welave completed the necessary items that we were instructed to do by the Building Department in order to receive a Certificate of Occupancy. Mike Berry from our office pulled a building permit and has fulfilled the requirements of the Building Department as shown by the signed o completed permit by Building Inspector Paul Roma. In complying with the building permit process,Mike Berry also talked to the Conservation Committee and to the Board of Health who agreed that the six tenants are ` allowed under the current septic system on file with the town. I look forward to your immediate reply. incerely, 0 ivia M.,Davis Individuals•Department Director d www.haconcapecod.org Yk: t l � �)�•` ?� i Vi J 1 x`t 2, * ATTORNEYS * May 8, 2006 300 Barnstable Road Hyannis,MA 02601 (508)775-3665 Via:First Class Mail Fax 8) 44 1 (800)00)899-3009-3003 http://www.wynnwynn.com Mr. Thomas Perry, Building Inspector 200 Main Street Hyannis, MA 02601 C Elizabeth K. hak Y `. William E.Enright,Jr. Thomas M.Grimmer Richard A.Martone RE: Housing Assistance Corporation Kevin P.McRoy Robert F Mills Charles D.Mulcahy Dear Mr. Perry: John J.O'Day,Jr. Kevin J.O'Malley Thomas E.Pontes Michael J.Princi Thank you for taking the time to meet with me on Wednesday, May 3, 2006. Rebecca C.Richardson Janice E.Robbins William Rosa*Louis V Sorgi,Jr. With regard to your question of 24 hr supervision, please understand that the Dina M.Swanson individuals who will be residing in the six bedrooms will be adult individuals who Andrew A.Toldo Robert Venturo have made a commitment to sobriety, training, education, mental health treatment John A.Walsh Paul F Wynn (if appropriate), and job training. Livia Davis, the program coordinator is preparing Thomas J.Wynn additional materials for your review including but not limited to and additional Of Counsel program•_summary, training and"living arrangements, the selection process, and the Hon.Robert L.Steadman(Ret.) rules..and regulations of the education center. Thomas A.Maddigan Hon.James E McGillen,11(Ret.) Hon.James J.Nixon(Ret.) I have confirmed that any individual applying for enrollment in the program must pass a CORRI check, with the same requirements that the Commonwealth of Massachusetts imposes for its employees. The trainees will submit to a contract, Admitted: committingto the program rules. Failure to obey may lead to possible expulsion. �Massachuserts and Rhode Island Y g Y Y I1 Y I hope to have the additional materials to you by next week. Very truly yours, W. & , P.C. Mi 1 . Princi, E:\MJP\HAC\PERRY4.WPD Affiliate Office: Raynham 90 New State Highway•Raynham,MA 02767 • (508)823-4567 05/26/2006 10: 24 15087906230 BUILDING PAGE 01 • ATTORNF, YS • a 300 Barnstablc Road ` Hyannis,MA 02601 (508) 775,3665 t Fax(SOS)7754244 1 (800)899-3003 b ttr://www.wynnwynn-com February H, 2006 Tl,nm-t>,M,(irlmm'r Rii:hurtl A.M,,ntv,d I( >crt I.Mill, Mr. Thomas Perry, Building Inspector , 1„I,11 J.0,0pv.)r• Town Hall k,',in 1:. Pon tt, Hyannis, MA 02601 h.Rokhills RE: Housing Assistance Corporation ,tli,V.,or_-i.jr, 77 Sixth Avenue, West Hyannisport, MA :AnJr,,t;A.Tt,1ti„ - _ - Rok!rt V't•„tttr„ Dear Mr. Roma: 1,a,,,A.%V;i,i, P:,,,1 F,W'y.n, Please be advised that I represent Housing Assistance Corporation. Our office has represented them for the past 15 years. Attorney Michael J. Princi, H,,,; G 1 rrt L.Sn.,li°„t,tt:.a.) of our office, has represented Housing Assistance Corporation (hereinafter A.K%Liil,yan 1'.wc;iflt.n.11 otO.)referred'to as HAC) for at least 25 years. As you may know, HAC is,a non- I I Lmq.I.Wvgi(Rrt.) profit:charitable corporation. Over the course of our representation, we have handled several-matters involving HAC's,.'proposed use of multi-family facilities for educational. ' purposes. HAC currently,runs several such facilities located in Hyannis; Bourne and Falmouth,`all of which are exempt from zoning. Attached is' a copy of a.Memo which Attorney Princi prepared several years ago when HAC began its Angel House Program on South Street, across from the Barnstable Town Hall: At the-time' HAC began Angel House,' Ralph Crosses reviewed the matter with Town.Attorney Robert Smith and they determined that based upon the educational exemption, the shelter arrangement for housing at Angel House was ancillary to the primary educational component and did, not violate zoning: As you may know, Angel House is an educational program for women ` substance abusers.with children. Its success rate is one,of the best in Massachusetts. Affiliate Office: Raynham 90 New Ctwe 1-1i�hwity•h,ynh,im.MA 02767 • (508)823,4567 l' 05/26/2006 10: 24 15087906230 BUILDING PAGE 02 HAC is now proposing an educational program for chronically homeless individuals to be located at 77 Sixth Avenue, West Hyannisport, MA. Essentially, the residence will be used for temporary transient shelter for the HAC participants in the program,,ancillary to the primary educational component. I am also enclosing a copy of the program outline. The application of this program at 77 Sixth Avenue, West'Hyannisport, MA will go a long way to provide chronically homeless individuals with the necessary education and temporary shelter to achieve the long term goal of permanent housing. ' In*this particular program, the shelter component is ancillary to the primary.component of education. Without the proposed education, HAC's clients would never achieve permanent,affordable housing. I would appreciate your reviewing the attached material and request that you contact either myself or Attorney Princi if you have any questions. I am hopeful that after you have reviewed the material, you will agree that the Iifeskills proposed use of 77 Sixth Avenue is exempt fromzoning. Very truly,yours, WYNN & WYNN P.C. Rebecca C. Richardson RCR_jmf enclosures HAM77Sixth-letter,, s . . , 05/26/2006 10: 26 15087906230 BUILDING PAGE 01 • ATTO.RNEYS .. May 8,_2006 .300$arn;rrblc.Road Hyannis,MA 02601 (506) 775-3665 Via: First Class Mail Fax(W8)775-1244 1 (800)899.300.3 hrtl,://w.u....�ynmvynn,com Mr. Thomas Perry, Building Inspector 200 Main Street K.R614t:h»k Hyannis,.MA 02601 \>✓Illa�»L'.ijnr,pht.Ir. r �... v Tln,nus M.(1r,inmer 1, rd A.Mnn„m- RE: Housing Assistance Corporation Kr,in r..V1:R,w 1L:.,•,•t F Milk t:1,:11.6 t,,n,,nlc,h,' Dear Mr. Perry: Juhn J.0,1111•jr. Thom hcha,•I I jri '. Thank you for taking the time to meet with me on Wednesday, May 3, 2006. With regard'to your question of 24 hr supervision, please understand that the 1L,nnr V.,,nin,Jr individuals who will be residing-in the six bedrooms will be adult individuals who Andr,•„.�.T„ldo. liph,ri v,:n„ar„ have made a commitment to sobriety, training; education, mental health treatment holm,> W:,I<n1111 (if a�propriate), and job training. the program coordinator is re grin 1;�.-,. ia Davis, ,p • P g additional materials for your review including but not limited to and additional program summary,training and living arrangements,the selection process, and the t(,.n.R,L,•r,.I., +,,;„(Y":1 1 rules and regulations•,of the education center: . Tlv,wm A,Mn,l,lu!•u, (� I1,•n lmiieN F.M..(iip�� II qt,•,.j I have confirmed that any individual applying for enrollment in the program crust pass a CORRI check, with the same requirements that the.Commonwealth of Massachusetts imposes for its employees. The trainees will submit to a contract, Admit-CO: committing to the program,rules. Failure to obey may lead to possible expulsion. - I hope to have the additional materials to you by next week. Very truly.yours, ;il P.C. Princi MJP/kml .. E:\MJP\11AC\PERRY4.wPU l , Affiliate Officet Raynham 90 Hi¢hw"w 0 Rrlynhl,n,.MA 07761 • (508)823.4567 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map C Parcil 3_ " Application# � Health Division Conservation Division . Permit# Tax Collector Date Issued Treasurer Application Feed Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board K- Historic-OKH Preservation/Hyannis P� Project Street Address -77 6:T4 Afoew ,(7e Village wA-A.s1( ZZ Owner OLxg�� cz! t _ Address �.za kCec- �7_ k Chmm Telephone 77f_5 466 Permit Request Pe- L f In Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Total new Zoning District flood Plain Groundwater Overlay Project Valuation o Construction Type Lot Size Grandfathered: ❑Yes. ❑ No If yes, attach supporting documentation. R Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No `Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths):existing- new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other y Central Air: ❑Yes ❑No Fireplaces: Existing ' New Existing wood/coal stove: ❑Yes D,No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existino ❑new'size -- = :t• : Attached garage:❑existing El new size Shed:❑existing ❑new size Other: --`` al PO $_ Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes 0 No —If yes, site"plan review# Current Use Proposed Use /. BUILDER INFORMATION 6,1 Name -==�C�Sc�c1c c�53am_(4 (o r0: Telephone Number J 60 77 J Address �� C�-?�5"Z -(�e��a Z t.,e-67 License# vst�ww S Home Improvement Contractor# { Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO nc�1 SZre�Ql �5 I , e _ FOR OFFICIAL USE ONLY m PERMIT NO. �~ DATE ISSUED MAP/PARCEL NO. r • � yam-- -- _. ADDRESS _ VILLAGE OWNER 10 1 DATE OF INSPECTION: } � ' FOUNDATION FRAME • •- i INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL J '- PLUMBING: ROUGH FINAL ti GAS: ROUGH FINAL r" FINAL BUILDING 0 C& l , A _ - 1 } DATE CLOSED OUT - ASSOCIATION PLAN NO. ` i c °w The Town of Barnstable ABLE. Department of Health Safety and Environmental Services 5i u Building Division 367 Main Street,Hyannis,MA 02601 •� 8-862-4038 8-790-6230 cl- PLAN REVIEW weer: f710 uy 0 D4-SS%. C OR-P Map/Parcel: -c�-4 � cjectAddress: v� Builder: S he following items were noted on reviewing: S o h o T-u S tat v 7- 'C6 r 0 A D E-P TH F `t t ri 1> A ! n D I 4 ".ITC7k . � r �' � S I LLJ fr w� e ON CA F'T� IN VS C6D� ------------------ :viewed by: ite: 6 7 • 77 r jw r , ILL K i �UST�M(vQC( a CYJo r+15 e Do-3 2X���t- a Y r� I C ' F�HErq,,, Town of Barnstable ti Regulatory Services BARMASS. Thomas F.Geiler,Director .i639 ,�� A�F1639 Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization, conversion, improvement,removal, demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. ( ([ d Type of Work: 6`a� �►�p(C¢�CS�(Q,.� Estimated Cost cA Address of Work: �� (�- Q_ �r� cSt? Owner's Name: `�C9( t„� S�✓�5`ZGevt C� C�O l�1���6(A Date of Application: 2Z 2 60� ` I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied 54Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Signature Registration No. OR Date Owners Signature Q:wpfiles.forms:homeaffidav Rev: 060606 1 Town of Barnstable CF THE Tp� Regulatory Services MXNStABLE. ; Thomas F.Geiler,Director 9 truss. 1639• Building Division �PTFD MA'1 A Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: Ce, Z-Z r ` JOB LOCATION: - ! 7 ( �� �—}(?'ow e W A J7, 1n(um�ber, street village — A��q "HOMEOWNER': tCL 7��C ,�1� S�ZLQ'tL�`P C �® � OTJ �71`�Y7�V name A home pAAho,,e# work phone# CURRENT MAIIING ADDRESS: A&0 `Q �Gcncnts. i�t� D2�d l city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family-dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. �1 Signature of Hom6owner 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. .Q:forms:homeexempt The Commonwealth of Juassacnuseres Department of Industrial Accidents W Office of Investigations 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers APPUcaut Information Please Print L.egib1Y Dame (Business/Organization/Individual): ^u�c yR 5ilS7rp✓1C P relrwyay A Address: k6L0 Wet-q `ZJmwe7' City/State/Zip: (�eiR �2 Phone#: -771-540- Are you an employer? Check the appropriate box: Type of project(required): i.❑ I am a employer with 4. ❑ I am a general contractor and I 6. ❑ New construction employees(full and/or part-time).* have hired the sub-coutractors 2.El am a sole proprietor or partner- listed on the attached sheet 1 8• ❑ Remodeling ship and have no employees These sub-contractors have 8: Demolition worlds for me in an capacity. workers' comp.insurance. 9 g y p ity. ❑ Building addition [No workers' romp.insurance 5. ❑ We are a corporation and its required.] officers have exercised their 10.❑ Electrical repairs or additions 3 T am a homeowner doing all work right of exemption per MGL 11.❑ Plumbing repairs o-r additions myself.[No workers' comp. c. 152, §1(4),and we have no 12.❑ Roof repairs insurance required.] t . employees.[No workers' I3.❑ Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information: t Homeowners wbo submit this affidavit indicating they are doing all work and then hire outside contractors must submit anew affidavit indicating such. 1Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name; Policy#or Self-ins.Lic. #: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500,00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. /I do hereby certify under the pains and penalties of perjury that the information provided above is true and correcz Snature: �5-�-�C Date: one#; �� s Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority (circle one): 1.Bo2rd of Health 2.Building Departmetld 3.Cityrfowu Clerk 4.Electrical inspector 5.Plumbing inspector 6. Other Contact Person: Phone#: ofor°m.ati®n and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, express or implied.,oral or written." An employer is defined as "an individual,partnership, association, corporation or other legal entity, or any two or more g o' engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the . of the foregoingJ �P g eP 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 ofpublic 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-contractors)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. B Department e advised that this affidavit may be submitted to the Deparent of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials . Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom. of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant . Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant given ear need only submit one affidavit indicating current that must submit multiple permmt/hcense applications m any y o y s g 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. Anew affidavit must be filled out each year.Where a home owner or citizen is obtaining.a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Sheet Boston, MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Fax -' 617-727-7749 Revised 5-26-05 www.mass,crov/m—a May 30, 2006 Michael Princi, Esq. Wynn&Wynn, P.C. 300 Barnstable Road Hyannis, MA 02601 Re: Housing Assistance Corporation 77 Sixth Ave, West Hyannisport, MA Dear Mr. Princi, In your letter dated May 8, 2006, you indicated that I would be receiving additional information from Livia Davis regarding the above mentioned property. To date, I have yet to receive any additional information. Therefore, based on the information that I am in possession of, I have determined that three, or more, unrelated persons living at this address would violate the Town's zoning ordinances. In addition, a considerable amount of work has been done to this house, all of which has been performed without permits. At this juncture,please provide the additional information relating to this property that was promised in your May 8th letter by Friday, June 2, 2006. In addition,please advise the Housing Assistance Corporation that they need to take remedial action as it relates to the improvements made to the property without the proper permits. oFt�E ra,, Town of Barnstable Regulatory Services + BARNSrABM MAss. g, - - Thomas F. Geiler,Director .gq a6 �0 prEO 39 Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 May 30, 2006 Michael Prince,Esq. Wynn & Wynn P.C. 300 Barnstable Rd. Hyannis, MA 02601 Re: Housing Assistance Corporation 77 Sixth Ave, West Hyannisport, MA Dear Mr. Princi, In your letter date May 8,2006 you indicated that I would be receiving additional information from Livia Davis regarding the above mentioned property. To date, I have yet to receive any additional information. Therefore, based on the information that I am in possession of, I have determined that three, or more,unrelated persons living at this address would violate the Town's zoning ordinances. In addition, a considerable amount of work has been done to this house , all of which has been performed without permits. At this juncture,please provide the additional information relating to this property that was promised in your May 81h letter by Friday, June 2, 2006. In addition, please advise the Housing Assistance Corporation that they need to take remedial action as it relates to the improvements made to the property without the proper permits. Sincerely, omas erry ' TRANSMISSION VERIFICATION REPORT TIME 05/30/2006 14:07 DATE DIME 05/30 14:06 FAX NO. /NAME 915087751244 DURATION 00:00: 43 PAGE(S) 02 RESULT OK MODE STANDARD ECM OF1ME Tp,�, Town of Barnstable ~O r w Regulatory Services w • BARNSTABLE. + MASS. �, Thomas F. Geiler,Director i639• ♦0 iOrEnr�a+° Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 May 30, 2006 Michael Prince,Esq. Wynn& Wynn P.C. 300 Barnstable Rd. Hyannis, MA 02601 Re: Housing Assistance Corporation 77 Sixth Ave, West Hyannisport, MA Dear Mr. Princi, In your letter date May 8,2006 you indicated that I would be receiving additional information from Livia Davis regarding the above mentioned property. To date, I have yet to receive any additional information. Therefore, based on the information that I am in possession of, I have determined that three, or more, unrelated persons living at this address would violate the Town's zoning ordinances. In addition, a considerable amount of work has been done to this house , all of which has been performed without permits. At this juncture, please provide the additional information relating to this property that was promised in your May 81h letter by Friday, June 2, 2006. In addition, please advise the Housing Assistance Corporation that they need to take remedial action as it relates to the improvements made to the property without the proper permits. Sincerely, homas erry I f NRY-25-2006 11:30 FROM:HUD BOSTON CPD 6175655445 TO:815088624782' .. P:15/24 .pID I�1amcTx-r4�� ., i74 BV Home: Departments:Assessors Division: Property Assessment Search Results New Search 00 77 1SIXTH AVENUE 2006 Assessed Owner: Values: LALAZARIAN, MASSOUMEH Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value:, $ 146,400 $146,400 . 246 / 1381 Extra Features: $29,400 f $29,400 Outbuildings. $800 $800 Walling Address Land Value: $282.900 $282,900 LALAZARIAN, MASSOUMEH. ' %HOUSING ASSISTANCE CORP"r Totals $459,500 $459,500 f 460 WEST MAIN ST HYANNIS MA.02601 ' Tax Information: Tax information is currently not available for 2006 Construction; Details. Property Sketch Legend Building - Building value: $ 146,400 Interior Floors Hardwood, Style Raised Ranch Interior Walls Drywall ' Model Residential Heat Fuel Gas ! Grade Average Heat Type Hot Water Stones 1 3tory AC;Type None i Ji ul a . Exterior Walls Vinyl Siding Bedrooms 6 Bedrooms ` Roof Structure Gable/Hip Bathrooms 3 Full Roof Cover Asph/F GIs/Crop living area 1400 Replacement Cost $168257 Year Built 1977 Depreciation 13 Total Rooms ,11 Rooms Land Lot Size(Acres) 0,18 Interactive Property Map: Appraised Value $282,900 I.have visited the maps before Fir CI Shov�ile The,Map Map Mquires Pluq in: f'IF17-CJ-CIOL�b l l:t✓y r KUI'I:MUU IbUS 1 UN L r-L) b1 r5b:)D ir15 I U:dIZ)U'ddtff`+rdC N. PLAT MAP +. ' Borrawer:_Housins+Assistance Corporation File No.: 05110005 Progeny Address:77 SMn_•Avenue Ca:.e No.:17200 CIN:West fiy?nnisF+ort State;MA Zlp:02672 I ender Sovereign Bank '�',%f, P)'tii'' Y' r r�,4�3 �,ry.1:-� '}L �••�' '�, r�'*r��� -',�`y +y n}y Zf\t•(P�� / el P� t>nS i.4 P I r�•C���S�e•� �✓~ � :�'Q� '4':j ;,)„1i�� �JS �,� "y,�'+ _ �+t ' �c14,'��u•�1rP.�,e• 4.r�•',�.: ter t/ ,4 prL .."51� '1•P�aFi ci'�.�• " ' Y Y.,., d '��1 i' ,�. «,1�• `¢� .:.,A..[. 4Gh}..`IY,' ,, �•RZ•rn', .,i:.: • � r, r'a '�Y •r;r.1 ';�;,' ,}J �..;,..�:,, 1�.: �•,.r- .�' •ram :v�y '.s �:.,.'�!�,;� �•�•\•t..< 1,;yr.. ri•' yL4' �•• •A.m '<Pn � e•. t .41.�� -:r,, .�.,•:ft.�.j'��;,;': -�`'..gr'. I 'i','}�'•a'�rl;''f`a°,,yy;y ��. ,may ��dd,,,1 y��,t�I - ,t.i"`'!�K'�'�.'�✓a�i 4� �:( _ + :V;1., •jb��:• t•\!t; :1`.}1 r1r '���, +:lni'..- e 4„\`I,�. x. i - `f:r i r1/.. a'>J'p4.ti tC'•>C _�nY�.� `� 'pryOwai:;r;'\,` x'r, �' �' '•'y1E �...� 4.;y�� � �'� � _ '�\'"7y•i;r4,.ir':�:�•.v",3. :^V> .y—• Fti's�?.;C,•�ti�r�nt�. :��•i"�,. .. error J>�',:. �.r" {�;':c8�• q '- 'J. :'.i:'.\ac,+;:..L�r':U:'��ya`:.-r'•':+Y.i, :;i,� '1'� '���H`,�!•;. �F\l` " •J'),r M�yi ��l :r).4 :. ,1� t� •,y �I"L,. •'.a .?1 J'r;i;�:=;�'q�.':c.'�?i0�"+„?o�p�� F,;..>?-... .3• �•'�S�J� •' „r-•�j"L��i'i�j':;�i�/.�};:�',�:�\1=��c._�y.r'i m��ltj�tr�.,•:. ,.�`}ritiyr:-�� �r�'�+�.�,, '��YS�� ' �`',�y�+` t'''.21 � - tlq: Mt ,n \ +,�, 1, ti•":;j�l t:'L.w•+�%a ) � {tv,1.'r- .t '�4Tii Q; _ {Y1C j\,��'�i.'Y'irr.`' ''' �.111,n'.•,F;,`.i l 1 �rr�.�...:7`�`+5�.+'��'t'iti•��e1' v�jP.'Lr �-!i_;u''� ::Kf'' }��.,�s. ,�,t+a kp', \�9' : Ll .. p::l,It.�•,r'1,a.al.��. PC}':. '�:� c'S•'.J' st,r,�t•1t _v i 'n ,•,it 11/'ij •'hS •1y1,•.,• K. c ,ter } rPAt o "'"1vP "4��yt}.� 'N�ti�'4 r�t{�1A tf�+r•'�l•, �y('„y .��{��. - , .� "11 h0• '�,i �_' yT�e.:ii\�,�1 ✓ t. ;,:e�.n", T,:, ti '�l ,,, � •, fir... ..._ � ' �:i y�(`vr�✓,�� 1'4�'l'•br�Y��: �`�� •'�'Kt l�r .,�.1+?�`' ?,'•j �•.�r �l,^11 ._.r - h '."A':•..n 1232 Route 2B,Scum Yarmouln,MA 02664 Phone(508)394-0101 Fax(5081 76o.81d9 77 Sixth Avenue Construction of new bigger deck with new stair case in back yard. Construction of brand new shed in back yard. Outside siding on sides & back of house. Replaced part of stockade fence. Inside renovations for several months. J Weekend of April 22na—people had moved in noticed 3 adults 1 woman & 2'lien and a car. 1"few weeks noticed different adults mostly men that appeared to be staying there - counted,14 different faces not counting: the 2 woman in the green car that`visit regularly, the person or _persons in the grey car, the dark blue station wagon, the BMW (only seen in the first couple of weeks-once dropping off a young.woman), the truck with the man that does the lawn. One of the.. newer occupants put up a punching bag below the back deck about 3 weeks, after the,0 group of folks. The second week in while leaving for work saw a white van pick up people at the house and dropped them on at 725 Main Street park.. The 2 men & 1 woman were sitting on the side smoking cigarettes. Saw the van a few.times but haven't noticed it lately. Have been woken most mornings early (around 6am) and several nights late,(usually between 11 & 2am) by loud voices next door. Noticed several people hanging out on the back d&k and below. Activity-late night includes several cars visiting for short periods sometimes idling out front. A few Sunday nights ago-approximately May 7,or 14`h—woken by very loud voices out back at midnight,,several cars coming and going noise continued until after !am. Tuesday,May 23, upon returning home.from work there was a grey/silver car parked out front at an angle with the front end pointed in towards the property lines and•.the rear of the car was sticking out into the road. There is one car parked in the yard- a4Trans-Am? I've heard a loud car driving around the neighborhood late nights usually after 10 or 11pm that I believe was the Trans-Am but can't be sure as it was`too dark to tell: i S FROM 1, TOWN OF BARNSTABLE Mr. Jos H. Quirk BUILDING DEPARTMENT P . 0. Box 547 367 MAIN STREET HYANNIS, TEA 02601 South Vaimouth, Mk 02664 Phone; 775-1120 SUBJECT: "2 Sath kAvente:s West Hy sport FOLD HERE _ DATE September 10 '1982 MESSAGE Enelosed pi e find o � A,pplzcttitn for. B;: ld g. Pe a . er .%s no c=truction plan on file for,thea above,-locatibn. To obtain iuformation the, septic-system please eontact tfie'Boaral of Health. ]SIGNED f J DATE J REPLY ,,.r '.• - F�IG'NED• .i.„ +• .. ' .. - NS7•RMI - RECIPIENT: RETAIN WHITE COPY,RETURN PINK COPY ' - PRINTED IN U.S.A.. SENDER:,SNAP OUT YELLOW COPY ONLY.SEND WHITE AND°PINK COPIES WITH CARBON INTACT. n� LAW OFFICE JAMES H. QUIRK, P.C. .ATTORNEY AT LAW - - ADDREBB ALL MAIL TO: COR. RTE. 28 & POND ST. JAnm6 H. Qvmx P. O. Box 547 P. O. Box 547 JAMxs H. QIImx. Ja. SOUTH YARMOUTH. MA 02884 SOUTH YARMOUTR. MA 02664 (617) 398-6969 August 25, 1982 Building Inspector Town of Barnstable 367 Main Street Hyannis, Massachusetts 02601 Re: 462 Sixth Avenue West. Hyannisport Dear Sir: - We would appreciate your providing this office with the following documents: copy of the application for building permit, copy of application for septic permit, and copy .of stamped building plan. The building permit .would indicate that it was issued ' to George Lalazarian of West Hyannisport to build a one- story frame dwelling single family duplex on January 24, 1977. .The name of the contractor is James-K. Smith and the occupancy permit No. 18914 was issued January 21, 1982. Any assistance you may be able to give us. will be very appreciated. Very truly o rs, J mes H'. Quirk, Jr. JHQ/mre ` Z111- zw -- _ Ae 5 __._..- .___ .� _. L._:-�-�- __.�...� _ __.�__ -_ i i ,y�pll►110M Zok 'ffE f00 � 5 7 '+ rime ►�ti JAMFS K. SMITH iauva' R4AI ESTATE-CONTRACTING -CUSTOM BUILDING P. O, Box 124 Rte. 132 Barnstable, Moss. .02630 (617) 771 -4715 Hyannis,Mass. 02601 April 23, 1981 Joseph DaLuz Building Inspector Town of Barnstable Main Street Hyannis, Massachusetts 02601 Dear Joe, Please be apprised that George LaLazarian (Sixth Avenue, Hyannisport) has approached this office with a lengthy list of sundry repair and "fix it" items that he wants done prior to granting permission to fix his condemned fireplace. It is my understanding that the fireplace has been ordered repaired for safety purposes onl� and that the order has no bearing on any other aspect.s .o�f the dwelling. Mr. LaLazarian's choice to use your directive as leverage to get other work done is preventing me from compliance. I restate my willingness to repair the chimney at any time the owner chooses, however, I believe that all my other obligations to the owner are complete. . Very truly yours, L James K. Smith JKS/cb 7 � April 15, 1981 Mr. James Smith Post Office Box 124 Barnstable, MA. 02630 Dear Mr. Smith: It has been confirmed by State Building Code Inspector Thomas Carr that my house does indeed contain building code violations. The reason I had not replied earlier was not because I am being uncoop- erative as you assume, but rather because I was waiting for a .response by Inspector Carr whereas the Town Building Department had refused to review my problems. Inspector Carr, in addition to confirming the violations, also advises that I will need a valid Certificate of Use and Occupancy. The one previously issued prematurely, has no status under the Massachusetts State Building Code. Below is a list of discrepancies that I will ex- pect to have corrected. 1. Install collar ties at every other rafter as shown on sheet #5 of the plans. 2. Install footing and lally columns to support rear porch as shown on the plans. 3. Damp proof foundation walls as required by State Building Code. 4. Install weather resistant membrane (building felt) under wood shingles on all side walls. 5. Repair fire places and make safe to the satisfaction of the fire official. Your immediate attention to these matters is anticipated. Very truly yours, a cc: Joseph DaLuz, Building Inspector✓ Town of Barnstable Thomas Carr, State Building Code Inspector (- JOSEPH D. DALuz Building Intpetto, TELEPHONEc 775.1120 EXT. 107 I ` TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 March 6, 1981 Mr. James K. Smith Builder & Developer Iyanough Hills Real Estate Route 132 Hyannis, MA. 02601 Dear Mr. Smith: We recently received a report from the Hyannis Fire Department that upon their inspection a possible defect was ' evident at 462 Sixth Avenue, West Hyannisport. Our department also investigated and concur that the fireplace is cause for concern. Therefore, the fireplace can not be used and I am asking that you have the necessary corrections made. Also when you i remove the outer wEall, we want to be notified so that we may make a visual inspection. Thank you for your immediate attention. Peace J, s ph D. DaLu uilding Inspector JDD/df cc: Chief Farrenkopf jj 1 41 17 �HVANNIS FIRE DEPARTMENT - ! 8s HIGH SCHOOL ROAD EXTENSION HXE►N .IS,`,MAW Od80, 1' N << FIRE AND RESCUE ®U$INESS 77'5 1361 E , EMERGENCY: 775-2323 Feb.20. 1981' Mr. George ,Lalazarian 462 ;Sixth Ave r , West Hyannisport ` Dear Sir, At'your 'request ,an- #,spection was, made of the fireplaces: inyour home " located .at:.462 Sixth Ave. West H�yannisport.';.The results, of that inspection is''as follows: The inasonary has pulled away from the lintel in both fireplaces.This ccjuld 'cause the: fire and. products of combustion to enter the` space between' the ''fireplace _and part ')n .thereby :causing a fire. . Because of this potential fire hazard you are hereby ordered not to use either fireplace until this potential hazard. is' corrected. G.L. 148 •Sec. 28 Richard. R. Farrenkopf Chief Co .. to: , PY Joseph Daluz.Building. Inspector 5 I JOSEPH D. DALuz TELEPHONE: 775-1120 Building Inipuror EXT. 107 TOWN OF BARNSTABL..E t -BUILDING INSPECTOR Y TOWN OFFICE BUILDING HYANNIS, MASS. 02601 February 13, 1981 Mr. George Lalazarian 462 Sixth Avenue West Hyannisport, MA 02672 Dear Mr. Lalazariana Reference is made to your letter of January 30, 1981 concerning compliance of your new dwelling in respect to Building Codes. On May 4, 1977 an Occupancy Permit was issued signed by the inspectors of this department. I have been so informed that your house meets the necessary requirements. Peace J�ds ph D. DaI4 z wilding Inspector JDD/df - THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL _ JOHN W. MC CORMACK STATE OFFICE BUILDING ONE ASHBURTON PLACE, BOSTON 02108 FRANCIS X. BELLOTTI ATTORNEY GENERAL October 25 , 1982 Mr. Joseph DaLuz Building Commissioner Town Hall Offices Town of Barnstable 397 Main Street Hyannis, MA 02061 . w REc #82-04-0551 Complaint of George LaLazarian Dear Mr. DaLuz : The above complainant alleges problems with the chimney of his .home at 462 Sixth P_venue, , West Hyannisport, MA, which would appear to fall within your area. According to the complainant, the builder failed to construct his home so that an improper and possibly dangerous situation exists. Could you please provide this office with any information you may have relative to the allegation. Your anticipated cooperation is appreciated. Very truly yours, NI Frederick M. Knowles, Jr. Manager Investigator Public Protection Bureau FMK/ah K� e January, 30, 1981 Mr: Joseph DaLuz } Building Inspector P Town of Barnstable Hyannis, MA. 02601 Dear Inspector DaLuz: t, I respectfully reque-ct that you review the Building Code in effect when S my permit was issued (1977) and tell me in writing if in fact my house did comply with said' Code when final approval was given and the Occupancy Permit issued. ., $pecificall I am, requesting answers to the following: t 1. Was dampproofing required on the foundation walls below grade? 2. Was a weather resistant membrane required under the wood sidewall shingles? 3 Was 15 pound felt required under the asphalt roof shingles? 4. Do 2" x 6" ungraded, unstamped rafters meet the Code fora 14' horizontal span? ' 5: Do the two fireplaces conform to acceptable standards of construction under the Code, specifically as to gas tight joints between the steel lintel and cast iron damper? An early reply to this communication will be deeply-appreciated. � r Very truly yours, Y / 1, zza: _ George Lalazarian 462 Sixth' Avenue `. West Hyannisport, MA., 02672__.,_ 3 ` rtir er rs i i " TOWN OF BARNSTABLE Building Inspector OCCUPANCY PERMIT - No building nor structure shall be erected, and no' land, Building or structure shall be used for a new, different,,changed, or enlarged. use without a Building Permit therefor first having been obtained 7from the Building Inspector. No building shall be occupied until a 'certificate of occupancy..has been issued by the Building Inspector." a ` Issued't Addres i Alum pInsp ctionD to spector spection Da e ctor Ins p ction Date > 'r Board f Health Inspection Date tTHIS ding Inspector.. Inspection Date ERMIT WILL NOT BE•VALID, AND THE BUILDING SHALL. NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS. .t k;:.... il... ........, 19 ..................... ..... ........... ... ... ._..__ uilding Inspector January 30, 1981 t Mr. Joseph DaLuz Building Inspector Town of Barnstable Hyannis, MA. 02601 Dear Inspector DaLuz: I respectfully reque3:t that you review the Building Code in effect when my permit was issued--(1977) and .tell -me- in writing if in fact my house did comply with said Code when final approval was given and the Occupancy Permit issued. Specifically, I am requesting answers to the. following.: 1. Was dampproofing required on the foundation walls below grade? 2. Was a weather resistant membrane required under the wood sidewall shingles? 3. Was 15 pound felt requited under the asphalt roof shingles? 4. Do 211 x 6" ungraded, unstamped rafters meet the Code for a 141 horizontal span? S. Do the two fireplaces conform to acceptable standards of construction under the.-Code, specifically as to -.gas tight joints between the steel -lintel and cast iron damper? An early reply to-this communication will be deeply appreciated. I Very truly yours, C; �e_ Old� George: Lalazarian 462 Sixth Avenue ' West Hyannisport, MA. 02672 i i p i (J4 G� Nl JAMES K. SMITH REAL ESTATE CONTRACTING -CUSTOM BUILDING P. Q. Box 124 Rte. 132 larnstable,Mass. 02630 (617)771 •4715 Hyannis,Mass. 02601 Aril 7, 1981 Mr, George LaLazarian Box 79 West H,yannisport, ILIA. 02672 Dear Yr. Lalazarian, Several, ago I wrote you a letter requesting that .you make az •angements with this .offiee for my workmen to gain _-_ css to your home for purposes of repairing a faulty fireo'; ace. To date we nave not heara from you on the matter and can only conclude that. ,,our interest in sneinF the repair completed is not sincere or that for other purposes you'd rather have tl-e job remain urdoze. ��owever, - desaite -our tinc000crative attitude, the buildinn department has requested that I remain in a posture to execute the necessary work. This I are doing and will continue to do, indefinitely. The responsibility lies with my company anc I 'm ready to comply at any time vou • request, . Very truly yours, `)v C If` Jates K. Smith JKS/cb CC: JJPseph DaLuz L,- 3Rding Inspector - Y FROM ., �- TOWN OF BARNSTABLE ' BUILDING DEPARTMENT James H. Quirk P.C. . 367 MAIN STREET HYANNIS, MA 0 Attorney at taw - Phone; 775- !2t} P. 0.. Box 547 L South Yarmuth, MA 02664 SUBJECT: MDPMi IA�R�A ' FOLD HERE DATE - - June IT., MESSAGE Emlosed glfase find oap%es of Building Permit & occupancy Permit as per y€u west. • SIGNED - DATE REPLY SIGNED ... N87.RM1 RECIPIENT:RETAIN WHITE COPY,RETURN PINK COPY - - PRINTED IN U.S.A. SENDER: SNAP OUT YELLOW COPY ONLY.SEND.WHITE AND PINK.COPIES WITH CARBON INTACT. J - T JOSEPH D. DALUZ TELEPHONE: 775-1120 Building Insptaor EXT. 107 1 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 � e June 15, 1981 Mr. James K. Smith, Builder P. O. Box 124 s Barnstable, MA 02630 Dear Mr. Smith: This is to confirm the results of the inspection made on the home of Mr. George Lalazarian, in West Hyannisport, Monday June 15, 198.1 in your presence and Mr. Alfred Martin from the Building Department. The following areas of concern were noted and requested that you take appropriate action to resolve same. (a) Bathroom - when the bath tub is drained, water comes up in the downstairs shower, backs up and over-flows. It appears that perhaps a, broken or blocked pipe may be causing the problem. (b) The supporting porch post is below ground and must be corrected. (c) The grading in the rear is pitched toward the house and must be corrected. (d) The fire-place must be repaired as discussed, F by your mason. (e) Collar ties in the roof section of the house must be lengthened to be at least one third the distance from the ridge. I trust that you will take immediate action to resolve f the above. Thank you for your cooperation in this matter. s Peace, J' 777, Jlo eph D. DaLuz "Building Commissioner JDD/df dc: Mr. George Lalazarian EXHIBIT 'D ' t i June 8, 1982 Mr, James R. Smith, Builder c/o Zyanough Hills Real Lstafe Route 132 Hyannis, Massachusetts 02601 Rat Property shown as Lots 462 a 464 Sixth Avenue, West_ Hyannisport, owned by George Lalazarian Dear Mr. Smith: - Please be advised that this office represents the above- named George Lalazarian who purchased a house from you based on a construction agreement and' plans provided by you. letter puts you on notice that the' house does not conform to your agreemer:t or plans; that it was not constructed in a workmanli}e manner and ny client has been damaged by your failure to fully perform under the terms of the contract. The damages include item that have been forwarded to you in the past concerning the necessary support for the rear porch deck area, proper construction in the areas of the chimney, the roof, sidewall lining, necessary window stripping, septic system, rear yard grading and improper construction in the roof collar tie area.. Pay client by his closing sheet shows an increased expendi- ture for a septic system which you knew or should have known was not sufficient for the needs of the house. My client has been damaged in that he did not receive the benefits under the terms of the contractl he did not receive his house constructed in a workmanlike manner which was agreed to be provided by you. Page 2 Mr. James K. Smith June 8, 1982 therefore, your failure to act conatitutes a breach of contract, rurther, the Board of health requirements for a< house of this magnitude leaves to the discretion of the Board of Dealth the size of the septic system to be used. There is no notation in any records that you received specific per- mission to use the septic system you used for this house. My client has tried long and hard to resolve these problems without success. IIopefully we may resolve the matter to- everyone's satisfaction. In that regard please contact me concerning same. Very truly yours, JamEss H. Quirk, Jr. JHQ/mra ccs Mr. peorge Lalazarian �• IWALLOX ;DEC_6 1982 ¢� LAW OFFICE x i JAMES H. QUIRK, P.C. ATTORNEY AT LAW ADDRE88 ALL MAII. To: x JAMES H. Qum$ CoR. RTE. 28 & POND ST. P. O. Box 547 P. O. Box 547 Jams H. QUMK. JR SouTa YARMOuTH. MA 02664 SOuxa YARMOIITH. MA 02664 (617) 398-6969 June 7, 1982 Town .of Barnstable Building Inspector' s Department 367 Main Street Hyannis, Massachusetts 02601 Dear Sir: - Please be advised that this office represents George Lalazarian. We will appreciate your providing us with copies of the building permit, the original occupancy permit and any and all other permits issued by the Town of Barnstable for a. parcel of land with the build- ing thereon situated at 462 & 464 Sixth Avenue, West Hyannisport and constructed by James K. Smith, Builder. Said parcel is shown on Plan Book 34 Page 23. Very truly yo rs, OJ mes H. UkDu�x 4 JHQ/mre S �1 a �y M i r, Assessor's map„and lot number ............. ........ . ..:........'.... Sewage Permit number ................................. ....................... I i Q TOWN OF' BARNSTABLE i 9AHBSTOBLE, i { 4 "A ` D;UILDING INSPECTOR 900,0�i639: `0� a •FO MPY a• APPLICATION FOR PERMIT TO �.. .................................................... �......... ...... ............... TYPE OF CONSTRUCTION .... . ............................................................... ......... ......... ............................19........ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to"the following information: Location .... 1��/'C l�� .....1 .`..... ..................../.. . .�� ................................................ ProposedUse ...... ... ....v ................................ P ZoningDistrict ........................................................................Fire District ..........................................................................•.... Name of Owner ` �" �.......��..�ZGLal�ly Address �J �`���d ./' Name of Builder ./ � `�� �i'G` ' ..1.< ................1..........................................Address ... .......................................... .... ... . Nameof Architect ....................................:............................ Address .....r................................................................................ Number of Rooms .......... ...............Foundations w ............... .................. ........................................................ Exierior vv.`�®Y �/' � -7.a. 'P�....Roofing ......A&90- /. ............ ..................... .. Via......... .. .. ' floors l%�0 .. " ....! �ie�!J! ..................Interior .l.�:.... � .t e�/'�D� . i ✓ rc.... - f N ...........Plumbing .��. .E:fJ � �... Heating g ............ .. ..... , ....................../...... ...............:�d v ! �fpJ®Oc�a Fireplace - ..................................................Approximate Cost ... ............. ................................................ Definitive Plan Approved by Planning Board ______------------_-----------19________./ Area .....:.................................... Diagram of Lot' and Building with Dimensions 5 r-G Fee ............................................. SUBJECT TO APPROVAL OF BOARD OF HEALTH a I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ..,j04 4r. ................. .... No ................... Permit for .................................... ............................................................................... Location.................................................................. ............................................................................ Owner ............................................... . ................... Type of Construction ............................. ............ ................................................................................ 'Plot ............... ............ Lot ............ ....... ............ ,--Permit Granted .................................. ........19 Date of Inspection ................ ....................19 Date Completed ............. ................ ........19 Jr 4a PERMIT REFUSED ......................................... .............. .... 19 ............................ .............................. ................... ........................ . ................ .................................. ......................................................... .. ................... ........................... .......................... Approved' ...........................................I..... ig. ........................................................................... ............... .......................................... ....... ........... Assessor's maps and:lot number ,:............................. ........... ; + Sewage Permit number .......................................................... T"ET°�° TOWN ' OF BARNSTABLE Z BJ$BSTADLE, i - °° "6 - BUILDING INSPECTOR' 0 MPS�' nr i e � APPLICATION FOR PERMIT TO ".. ..✓��.'` M' i r .. ! `Fri es TYPE OF CONSTRUCTION .... .. ............................:........................................................................................ ....... '�r.`.. ... ..............................19........ TO THE INSPECTOR OF BUILDINGS: _ Y The undersigned hereby applies for a permit according according to the following information: Location ....��1 .............................................................: ..f �. ........ N .--r''............................................... � r_ Proposed Use ......`..... ....f.....f....�....................�c.!.....�.r.�;.! ! -u! .......................................................................... , ..� Zoning District ........................................................................Fire District ....................................... !......................................... Name of Owner .. '" �` ' ...Address Name of Builder .................Address . Nameof Architect ..................................................................Address ....................................................:............................... Number of Rooms .........Foundation �... ' ........................................................ Exlerior ✓r%:u^ lP i /6".'� +e�'f ...Roofing ...... ... .......�......................... .............................................................• ..... :................... f r j Floors t�`; .... . , �..t..c c' r - jf..k�': '. ..... ...... ?:_f./ ...................... ✓ r �f �"�. .Interior ......... Heating `...... ................................. �.:.......................Plumbing ....... ......:.w..::................`...:�`...:.............................. 1. f: Fireplace Approximate Cost -j"r0c,, w Definitive Plan Approved by Planning Board ________________________________19--------. Area .......................................... Diagram of Lot and Building with Dimensions Se, cn. 7'`.- c /.c i` f � Fee ............................................. SUBJECT TO APPROVAL OF BOARD OF HEALTH O e�, _V t I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above constructiorn. Name . .�' �f �t.Gr ,.sir!%%sY.C� `................................ � . � . � No ........ ......... parm0-fo�....................................... '--.-----�. .............................................. , -- ' Locohon ---.----------..------- ` ...--.-----.---,-------------.. Owner ---___________________ � Type of Construction ---------`----. � ' � ................^...'.................................... ..................'' � � Plot -------..—.. lot ---. ..................... � . ' Permit Granted .........................................lP � � Date of Inspection' ---.--------.l9 Date Completed ----.—'------]q ' ' ( � ' ~ ` ^ � . PERMIT REFUSED ^ . � . . . . . --'--''--.---.--------- lV . . ^ . .—....----.--.---.------------. ` � .---....--.-----.------,------- ' ^..—.----.—.—.—.-----.—.—~.---, ~ � —.--~----.--------~.----.--.. Approved ................................................. lA ----------------..~----....--.. ................... | � ' 8 Assessor's map and lot number (�.. .... 3 SewagePermit number .......................................................... F?NErO�y TOWN OF BARNSTABLE i • i BAWSTABLE. i "6 9 NPY r.e� BUILDING . INSPECTOR O APPLICATION FOR PERMIT TO .... L'• ..... ........................••••• TYPEOF CONSTRUCTION ..................................................................................................................................... f'°?�.� .. .....19. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to t e following information Location G ... �� ST.. . ..d�!`��4!. .. �A i................... ................................... ..pf......... ProposedUse ..............,.Q............................................................................................................................................................. ZoningDistrict ...... !Ci.:.......................................................Fire District ...... ............................................. Nameof Owner 1.........................4.........................Address ...a? ....................................... f� Name of Builder tL.� ...C ......................Address .................................................................................... 7 .............. Nameof Architect ..................................................................Address ..................................................,................................. Numberof Rooms ..................................................................Foundation ......................................................:....................... Exlerior ....................................................................................Roofing ..................................................................................... Floors ....................... ..............................................................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 I hereby agree to conform to all the Rules and Regulatio t e own YBar able regarding the Ftbov construction. Nam ... ....................................... Lazar, Imre 11043 demol' h dwelling No ................. Permit for .......... ..... ................... Location ..!. ... 6th Avenue . t Hyannis ............................... .............................................. Owner Imre...Lazar ......... ......... r Type of Construction .............frame............................. .................. ' Plot ............................ Lot ................................ Permit Granted ......APri1. 2 ................19 74 . ........ ......... Date of Inspection ........ .... ......................19 Date Completed a 9... ...............19 PERMIT REFUSED .................................... ........................ 19 ................................................................................ r ....................... .................................................. t ............................................................................... 1 Approved ................................................ 19 t ............................................................................... .................... ......................................................... i .-7y Assessor's map and lot number .....l..l:.�. ... .:'.... _ + i 7� ICJ SEPTIC SYSTEM MUST~9E 4` Sewage Permit number ..........8 Ih3STALLED° I>l COMPLIANCE. V11TH ARTICI-E II STATE THE _ gnnT1Wr TOWN TTOWN: OF B ARN+'l TLE Z BARNSTALME. � a sMb BUILDING : INSPECTOR c APPLICATION•FOR PERMIT TO �?v.t....... .................................... ............................................................ TYPE OF CONSTRUCTION .......... ..F . ............................... l..: ..................19°/7 TO THE INSPECTOR OF BUILDINGS: r . The undersigned hereby applies for a permit according to to the following information: . 7%, •-� Location ....... ...(. .1...�................�c/:......................1 f.i �' .f.5.... ��....................................................... ProposedUse .................................... ...r.-.....................................................................................:.......:.................. ZoningDistrict .............. .. .........................................Fire District :....� OR .................................................. Nameof Owner ��"��/'��.?...... .................................................................................... Name. of Builder .. °v-' i � ..........Address ..........1';,� `� ( v""✓ .................... A r Nameof Architect ..................................................................Address .................................................................................... Number of Rooms ......Foundation P. Exlerior ........ .`... ............... �......................Roofing ........K..!.7 ..........................:................. �� Floors .............�I. '2d .. �14 ........................................Interior .................................................................................... FieatingCt-1 ............ ..................Plumbing ......................... ............. . ..,................................... Fireplace .............'...........-Q. '... L.�Z... .. s. ....APProximate Cost .............Z"5 G' 'T/............................... -. Definitive Plan Approved by Planning Board ________________________________19________. Area / 3s ...................................... ... G Diagram of Lot and Building with Dimensions Fee ....................................... ~\ SUBJECT TO APPROVAL OF BOARD OF HEALTH hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .. .. :.... ............................................ LaLazarian, George 18914 one story No Permit for..................................... single family dwelling .................................................... Location . ... ...........................Sixth Avenue.............................. West Hyannisport ............................................................................... Owner George LaLazarian f Type of Construction .. frame........................................ ................................................................................. < Plot ............................ Lot ................................. Permit Granted .......J.anvamy..24...........19 77 Date of Inspection 77 19 7 .... Date Completed .� 19 ,2 .PERMIT REFUSED ' ................................................................ 19 C ........................... ................................................... ......................................................e................... . ............................................................................... ............................................................................... Approved................................................. 19 ............................................................................ 3 ................. ......... .................................................. _�.. ...,,�,.y.�.. m..,..sr.} •rr_ �. - d +�'.Y n, +.,�'.a;ty. .+3ki'b L',a`'vir.. .,.�' ,r 7;c '•`.^Sr`+y''V;1�nr�- �v�rs..•. ��q,.tJyT°- . Assessor's map and lot number ..... ....... -®r t Sewage Permit number ........... ............................................. °fT"Et° TOWN OF BARNSTABLE - t MARNSTAkE, i - "b 9 - : 'BUILDING INSPECTOR t °•Ep MAY Ar APPLICATION FOR'PERMIT TO .... .5...l.. ................................................................................................. TYPE OF CONSTRUCTION "�"�R ......... � ... ./........................197 • t TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .........:.........�L.1........t........ ..........................y..� ...... ....................r.................................................................. ProposedUse .........................1. .... ...............................:.............................................................................:......................... Zoning District M �.�` Fire District .....� V,!??aa,���.`,?................................................... ....... .. ..................................... iName of Owner - �A �-�Q.!' *`� `................................................ .. .... Address .................................................................................... Name of Builder '—�1 IK ` --� .............�.....`.......!....,.........Address .........'�c!`!/ . .. .. ... ............................ Nameof Architect ..................................................................Address .................................................................................... rt � / Number of Rooms .........../�...................................................Foundation ...........�.................�G ................................... Exterior .. 't `!' .. .....................Roofing1� ,/�.:.................... ..+ ............. ............................................ Floors �... . .Interior (,r. � Heating ......:,_....................i.,..................1- 1...........................Plumbing .................................................................................. Fireplace ........... ............. X .... .../.7•_,-........................Approximate Cost ............ z"'S �v.... ...................... U Definitive Plan Approved b Planning Board ________________________________19--------: Areas 0........................ Diagram of Lot and Building with Dimensions Fee .�G SUBJECT TO APPROVAL OF BOARD OF HEALTH I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .... ¢'. ..................... .�. ........ . ..... .. . . .. . LaLazarian, George A=246-138 18914 one story, No ................. Permit for .................................... single family dwelling Location ,,n Sixth Avenue 1.. ....................................................... West Hyannisport ............................................................................... Owner George LaLazarian Type of Construction frame ............................................. ........ ........................ Plot ......................... . Lot ............................... Permit Granted .......January......... .......19 77 Date of Inspection ............:............:.... .....19 Date Completed .......................................19 F PERMIT REFUSED ..... .. 19� .. .......L ................ ... ................. ................... . .. ................... ............................................................................... Approved ............................. 19 ............................................................................... .............................................................................. a, a Initial Resident Evaluation Tool Name of Interviewer Who Administered Evaluation: Phone Number(s) of Evaluator: ( j - (—j _ Date of Completed Evaluation: / / (mm/dd/year) Resident ID#: Housing First Program Name: Boston Health Care for the Homeless)/Home Start —South Middlesex Opportunity Council(SMOC) —Community Healthlink(CHL) —Duffy Center/Housing Assistance Corporation (HAC) Type of Housing: Scattered-site Congregate living Case Manager: Resident's Housing Entry Date: / /. (mm/dd/year) Was an interpreter or bilingual interviewer needed for this evaluation? _ Yes No t J � :l • - A�j/{paw■■ y EA Follow-up Resident Evaluation Tool Name of Interviewer Who Administered Evaluation: Phone Number(s) of Evaluator: j Date of Completed Evaluation: /` / (mm/dd/year) Resident ID #: Housing First Program.Name: Boston Health Care for the Homeless/Home Start South Middlesex Opportunity Council(SMOC) _Community Healthlink(CHL) Duffy Center/Housing Assistance Corporation (HAC),, Type of Housing: Scattered site Congregate living Case Manager. Resident's Housing Entry Date: / / (mm/dd/year) Was an interpreter or bilingual interviewer needed for this evaluation? Yes NO 1 C. Activities of Daily Living The following several questions ask about whether you are able to do certain activities. Please choose the answers that best describe you. (SHOW CARD 4 TO RESIDENT) Since you have housing,are you able to...? 4111 .. c ^, M E-� c Z g ntain your personal iene(this refers to ng care of your 1 2 3 77 88 99 sical self,includingwerinintain the cleanliness of r personal space(this C2. refers to cleaning the 1 2 3 77 88 99 physical environment in { which you live Shop for groceries and C3. necessities (this refers to 1 2 3 77 88 99 buying food and household items when needed Prepare (or assist in the C4. preparation of) cooked 1 2 3 77 88 99 meals for yourself 1 2 3 77 88 99 C5. Do laundry Manage your medications C6. (such as taking them at the 1 2 3 77 88 99 appro riate times Manage your C7 appointments (such as 1 2 3 77 88 99 scheduling them and getting to them Manage your money (such C8 as making decisions about 1 2 3 77 88 99 whether you can afford to buy something) 7 PO E P2 Get to where you need to go by whatever means C9. possible(this may include 1 2 3 . 77 88 99 walking,taking the bus, train, taxi, etc. Access/use the telephone C10. (this refers to seeking out a 1 2 3 77 88 99 telephone and using it to communicate with others Engage in leisure/recreational CIL activities (this can refer to 1 2 3 77 88 99 any activity in which you findpleasure) 8 D. Clinical & Non-Clinical _ Supports/Services Needed The following question asks,about whether you currently use or have used certain. services or supports in the past 90 days. Please choose the answers that best describe you. D1. Have you used any of the following services or supports in the past 90 days? (SHOW CARD S TO RESIDENT) Z o 4 A Q z A Emergency Medical Care(this refers to medical treatment received through a hospital ER or emergency clinic) . 1 2 77 88 99 Medical Respite Care(this can include home health aide B. services,transitional hospital stays,in-home nursing care, 1 2 77 88 99' out-of-home respite care, etc. Primary Medical Care (this refers to preventive medical C. care, routine physical examinations,treatment of chronic illness, dental care, etc. This does not include care received 1 2 77 88 99 in an Emergency Room or inpatient facility) Outpatient Mental Health Treatment(this refers to D. counseling or therapy that addresses a wide range of 1 2 77 88 99 mental health issues such as depression and anxiety) Inpatient Mental Health Treatment(this refers to mental E. health treatment received in'a hospital setting, and is focused on stabilizing an individual who is considered high 1 2 77 88 99 risk and may harm himself or someone else Psychiatric Medication (this refers to treatment by a F. psychiatrist or prescribing physician in which medication 1 2 77 88 99 is LFiven for an of a varie of mental health issues Outpatient Substance Abuse Treatment(this refers to G. counseling or therapy that addresses the use or abuse of 1 2 77 88 99 alcohol or drugs) Substance Abuse Detox(this refers to treatment received in H. a residential/hospital setting, and is focused on stabilizing 1 2 77 88 99 an individual's substance use or abuse 1 Meal Assistance(this can include food stamps,food pantry, 1 2 77 88 99 Meals on Wheels, soup kitchen, etc. 9 SSI(Supplemental Security Income) or SSDI (Social Security Disability Income): SSI is a federal income supplement program designed to help aged,blind, and J. disabled individuals who have little income to meet the 1 2 77 88 99 basic needs for food, clothing, and shelter; SSDI is a federal cash benefit available to individuals who meet Social Security's rules for disability. EAEDC (Emergency Aid to Elders, Disabled and K. Children) (this is a MA state-funded program that 1 2 77 88 99 provides cash and medical assistance to needy families and individuals L Veteran's Payments (this can include veteran's Oisability 1 2 77' 88 99. payment,veteran's pension, etc. Former Job Income(this can include worker's M. compensation,pension,retirement income from Social 1 2 77 88 99 Security, unemployment insurance,etc. Other Public Benefits,please specify: N. 1 2 77 88 99 0. Place of Worship (this refers to any religious or spiritual 1 2 77 88 99 affiliation that you find supportive) P. Paid Work/Volunteer work 1 2 77 88 99 Q. Job trainin School/GED 1 2 77 88 99 Support Groups [i.e.,AA(Alcoholics Anonymous), R. NA(Narcotics Anonymous), OA(Overeaters 1 2 77 88 99 Anonymous),or other self-help groups] Clubhouse/Senior Center(Clubhouse refers to a S. community-based social and/or vocational center for 1 2 77 88 99 individuals seeking support around recovery from mental health issues T. Legal Services 1 2 77- 88 99 Other,please specify: U. 1 2 77 88 99 r 10 E. Employment Capacity The following questions ask about your current work experience,if relevant. Please choose the answers that best describe you. E3. Are you currently working for pay? (Defined as within the past 90 days) 1 Yes 'If Yes, continue to question E2. 2 No If No, skip to Question E6. 77 Doesn't Know/Recall 88 Refused 99 NA(disabled or in the process of applying for disability) E4. How long have you been employed-at this job? (SHOW CARD 6 TO RESIDENT) 1 Less than 1 month 2 Between 1 —3 months 3 Between 4—6 months 4 Between 7— 12 months 5 Over 1 year 77 Doesn't Know/Recall 88 Refused 99 NA E5. How many hours do you work at this job? (SHOW CARD 7 TO RESIDENT) 1 35 +hours/week (full time) 2 20—35 hours/wk (part time) 3 Less than 20 hours/wk 4 As needed/not consistently 77 Doesn't Know/Recall 88 Refused 99 NA E6. How much are you earning at this job? (SHOW CARD 8 TO RESIDENT) 1 Less than minimum wage (Defined as$6.75/hour in MA) 2 Minimum wage 3 More than minimum wage 77 Doesn't Know/Recall 88 Refused 99 NA ET How satisfied are you with this job? (SHOW CARD 9 TO RESIDENT) CJ z �, � o Z A 1 2 3 4 5 77 88 99 12 E8.Is there a disability that prevents you from working? (The disability may be physical or mental in nature.) 1 Yes 2 No 77 Doesn't Know/Recall 88 Refused 99 NA If yes,please describe: E9. How interested are you in participating in activities related to job readiness? (Examples can include but are not limited to volunteer work, resume building, computer skills training,interview skills training,vocational coaching, and job searches.) (SHOW CARD 10 TO RESIDENT) PO PO .O .0 i 0 0 ++ y ^C A ~ A 1 2 3 77 88 99 f 13 H. Questions to ask the Resident's Case Manager H1. On average,how much face-to-face contact do you have with this Resident? 1 Daily 2 Several times a week 3 Once a week 4 Less than once a week 5 Other,.please specify: 88 Refused 99 NA H2. Have there been any complaints reported by staff about this Resident in the past 90 days? 1 Yes 2 No 77 Doesn't Know 88 Refused 99 NA If yes,please indicate the number of complaints: If yes,please indicate the type(s) of complaint(s): H3. Have there been any complaints reported by other Residents about this Resident in the past 90 days? 1 Yes 2 No 77 Doesn't Know 88 Refused 99 NA If yes,please indicate the number of complaints: If yes,please indicate the type(s)of complaint(s): H4. Have there been any complaints reported by others(i.e.,neighbors,-other people) about this Resident in the past 90 days? 1 Yes 2 No 77 Doesn't Know 88 Refused 99 NA If yes,please indicate the number of complaints: If yes,please indicate the type(s) of complaint(s): 15 H5. Has the Resident's rent been paid on time in the past 90 days? 1 Yes 2 No 77 Doesn't Know 88 Refused 99 NA H6. Has this Resident violated any terms in his/her contract in the past 90 days? 1 Yes 2 No 77 Doesn't Know 88 Refused 99 NA If yes,please indicate the number of violations: If yes,please indicate the type(s) of violation(s): H7. Please include any other information here that you feel is relevant in evaluating this Resident's participation and progress in the program: 16 MAY-25-2006 .11:26 FROM-HUD BOSTON CPD 6175655445 TO:815oeeG24782 P:2/24 � 's .?'.',�: e .;iQ' ,.�, -'�: r':,eA:1•;4 .;.L, �.:a �r•\�."�,-y q:�`n: ll, .1'` '-':�+• .'+_ 1I n 7 "';�' - ..v. a,-S'i. .a/•...�5. ^',<�•.�✓�iF^' '':Sfjw'.:,'�•.:.a. ,..r} 47 K.•:.�r .;�.. L ^ : /I C!' �•I nn l,•{ )..7..i�:•'r? ".:�-, ;y. H rj�..,�,. `•.. •i�i'''�' .i • „ '• { . . �'-J r••...wi",'F;,'• !- S'' Y+ :� 1v fV• .:'�;;i.., '•lam �i' ,.1.f':_;'F'. � p� �L�,�., � ...�I�!'�i"1, ( 1 �,. �,_ ;' �: '': ➢ �f7 .� �— \J.�:n..���`•'i11,`. '}S;1"n:Y''Lan;�"s !i,.YS�:rt�;j•`, �;L: ,y 'tk'c.��; 1, ` 1.'.'1' i .. •�i',.� ari. 1., .J .1 ",1': l April 2.8, 2006 Laura Schiffer U-S Dept of Housing & Urban Development Office of Community &Development - - `, 10 Causeway Street-Fifth Floor r, Boston, MA.02222-1092 -� Dear Laura, Housing Assistance Corporation ) y q p g Ip , (H:A.0 hereby requests that a onion the acquisition costs ,for the Kit Anderson House II project be reimbursed via conditional grant award number MA01 B503001. That conditio».al grant is in,the amount of$152,854_ As you know', II-A.0 purchased a building on 77 Sixth Ave in Hyannis to provide six "Housing First"units for chronically homeless individuals. This building was purchased fQr•a number of reasons: 1) we needed to ' provide housing for chronically homeless individuals in our cormnunity • >� right away since Operation=,in-from-the-Cold was ending and individuals U� would.have had.to return to the streets if we didn't find them housing, 2) there was. an opportunity in the marketplace that couldn't be ignored to w ' purchase this very suitable building, 3) a subcontractor,the Duffy Health Center,received_funding to immediately start providing case management and supportive services to.chronically homeless individuals in "Housing Fir.st" units. Attached you will find an application outlining more details about the project, a `Sources & Uses of Funds"document,floor plan, anal acquisition'documcntat on. . Thank you for your consideration: ti S. -cerely, • i F den' Pre tirey w cutive Dire qr h: �, i w\t'w.lJucunc:apec7cj.i��� I'IHY-�S-blObb 11:j:�( rKUI'I:HUU GUb I UN L-. 'U bl(�)b5744t) I U:UIN6bbbb4(tip I :.5��4 VfUy�F;�l�� �Y'•n,Y'� i.��}r,4?� 'yI1:�A.� 1 �i'• yi:i,7�•..1�• ,Y,';'.}'' � �.Y�:: sel , 4. • ' °.S.'.�5:,},t� .:• ,'y: :f,'�i; `a'v4 '�' �+ - ?���f�i`•.ir �•5:}ib�]��5:,•.);�^'1. ,,,.:d7n •�r'• -''�` ,, r ^!h",. < ''°:`1?`.;:L�I1$ a :"i : tt"��k'-R;d. n t E�11 ll�'�`�I�! .'C 1�.4.,i�r ,,7 c,i. v �., a F'i ';?.;,,, ,t�' •1 :',�'' 'r.$ivr''. 'e:'�i Zfl�,�• !� �(c F1 ')�'- 'i a'' >,.. �} q''� ;'• rt"� ...w i3`L,{ y r. � .... •'' `�� ,. — ':nc' L :r•. "s'o-; .•'r:�' "-�'" `!: 1:.•, ::gip:;' ,,.•,r :�'.'� _ ,..�_�:`.�: � AA'i�ig$'��j�.'o..�ln. � �J "l• t.�f ''4;.Jp.. •:�q�.�(:.[i' f' r'",t10.ti ar "1C� r.r �4�. ,. � — •q:. h�• -•'t!`�„�:;� -r;:g � `C'=9t7:�' ,,,. S',-v. ,.F. 1r••m�mn�<• '.•&,: :}� c.v i`� .. \`.`. .a� n"��f �.'.,- .S,Eii`: '�o., ,�,: "�'�•:'" i4':i:','..�� ,�.;.�,,,. k_. �'r.,,�:'G=T�� S .1 U r:JW�� ',. . J T•V�J. r-rc: 1�4" :�-'72�• •�?`y.� :�i{ �'feri:� ��;:' ": .• ,;.i ."r�' .�`�•. 'a?. .��•:.. ,, . i., :,h.:'�'�I 'i5 a:��'!, '1.G' a..=' '-1,;'�:.� :.i�"'(. :q•.��'.�g) �;,/7JtY,?1:dd�� .y 1 1 J. � y T -fir W'-,,yFF +gyp �.,. •�� ,:4 i1', ,.':'C'F �". _ �'��i'i'it:': G.;;' ;.'(•.. !',c��i`i'�..a.c.7�. �•Rt ,,�, :.i..�> 'o`f�:.,i %I . . . a �... . . Ee.yrg��.";.'l'w;a"1'a`:.. •:u'v';—...!��a-I�U•�tlVli�;aj.�, ' In November,2005, Housing Assistance Co„ oration rp (IiAC)purchased 77 6t Ave, a six-bedroom, 3-bath, 2 livingrooms, 1-kitchen home in West H annis y port, for the purpose of providing housing to`thc chronically homeless. The property was purchased for$359 000 $287 200 of which i is secured with a 10 year mortgage through Sovereign Bank. The remaining $71,800 has been self-funded by HA.C. " Work.to improve the building proceeded immediately, including repairs such as new carpeting, fresh paint, updated bathrooms and kitchens, repair ` of an exterior deck, and some new fixtures and appliances_ As of April 30,2006, nearly $52,000 has been spent on improvements. It has I �k�- anticipated that an additional $75,000 will be spent to complete development of this project. This i.n.cludes carrying costs such as mortgage interest, utilities,taxes and insurance, legal and bank fees,and �' Nn developers'overhead and fees. HAC i.S hoping to combine,funds from HUD and the HIE P_r_ zrarri to make this project financial feasible. If we receive th se funds, we plan to use therm to pay for debt reduction, improvements,and other costs associated project,development. a ow is a sumrnar Sources.and Uses, with a more ° detail version ersion attached. V.- SOURCES �7 Owner Equity $44 295 Fee/OH Contributed. $43,811 HUD 1.52,854 , HF , 240 960 50%of Total Development Cost TOTAL $481,920 _ USES . Acquisition $359,000 ' v Cost of Improvements $52,000 ' �.� Additional Cost 70 920 $480,274 ,+�' { ti � wu-w•.liacc�ncapcccxl:org MAY-25-2006 11:31 FROM:HUD BOSTON CPD 6175655445 TO:.815088624782 P: 17/24 Please specify type of housing and number of units proposed. The Kit Anderson House lT project located at seventy-seven Sixth Ave in Hyannis Port is made up of 6 SRO (Single Room Occupancy) `Housing First' units of housing. The building is approximately 2,400 square fcct,includes 3 baths, 1 living mom, 1 classroom/study area, 1 dining area, ] kitchen, 1 staff office, laundry facilities and a nice back yard_ It is within walking distance/accessible via bus of a number of corn munity amenities include a supermarket,restaurants, a beach,job opportunities. and a post office How this type of proposed housing will fit the needs of the participants.. Kit Anderson House 11 will use a combination of the `Housing First' model and"Role Recovery' model to serve chronically homeless individuals. The `Housing First' approach focuses on getting chronically homeless individuals into permanent housing units first,and the housing becoming the T,=xus for the supportive services provided to J residents to obtain,sobriety,mental health, financial independence etc,, when they are . ready. `Housing First' presumes minimal house rules focusing on safety,respect for others and basic tenancy rights rather than.Length.of sobriety,length of work history, and acceptance of mental illness as is more common requirements of being accepted into housing with supportive services attacheds The educational/supportive services approach that will be used in combination with the `Housing First'model is known as "Role Recovery,"an approach originating in . the field of psychiatric rehabilitation that emphasizes strength,the development of potential, and in which the notion of pathology—and the ensuing need for treatment— is de--Wbasi.7xd. "Role Recovery"is achieving or recovering valued societal roles such as tenant, employee, friend,partner or student Combined,the model used at Kit Anderson House II is based on the belief that stable'housing is the nexus for the provision of additional supportive and educational services. The three general goals of Kit Anderson House II will be to.increase housing stability, skills and income,and resident.self sufficiency/self-determination: To accomplish these goals,the following activities/services will be offered and prodded: Life skills Computer skills . Tenancy skills, Budgeting skills Housing search skills Community living skills Housekeeping skills Medication administering skills Shopping training Behavioral health recovery skills Job readiness skills Substance abuse recovery skills MAY-25-2006 11:31 FROM:HUD BOSTON CPD 6175655445 TO:815088624782 P:18/24 1 The mayority of these,activi.ties/services will be provided via a subcontract with. the Duffy Health Center who has already received funds(starting in February 2006)to provide case management and supportive services specifically to chronically homeless,individuals via the Massachusetts Behavioral Health Partnership. Supportive services available and/or provided for residents. As stated above,the Duffy Health Center received a grantto provide intensive case management and supportive services to chronically homeless individuals. As part of that grant, significant outreach occurs to each resident prior to move in. This accomplishes a number of things:residents understand the goals of the program, they are ready to take advantage of the opportunity that is offered via the permanent housing and"Rousing First" and"Role Recovery" approach,and a solid'relatiouship between the case manager and the resident has already been established resulting in residents beingmore'apt to accept available services.. In addition to the assigned case manager from the Duffy Health Center,residents ` will also be linked to Duffy' extensive interdisciplinary team as needed to provide further.individualized support.Lastly,staff from I-hA.C_ will assist residents in achieving housing stability and econoibic literacy., } The population to be served will be homeless single individuals whom are chronically.homeless and suffering from disabilities ranging from HIV/AIDS; severe mental,health,severe drug addiction, and mental health, some with dual diagnoses, and other physical disabilities. A 2006 analysis prepared by the Leadership Council to En.d Homelessness,(the . region's Continuum of Care collaboration,the annual count of homeless individuals found 769 individuals counted as homeless with 473 estimated to.have a disabling condition and either to have been homeless for over a year or to have had at least four episodes of homelessness within,the past tluee years. According ' to a 2004 analysis,there is an unmet need/gap,of 396 units of permanent supportive housing for individuals. )Homeless population to be served. r The majority of,the residents of Kit Anderson House II will come from the street, the Overnights of Hospitality; the NOA.H Center shelter,the Pilot House and referrals from the Duffy Health Center. These are all programs that serve. chronically homeless individuals in a variety of ways. The NOAH Center has been providing emergency shelter to individuals for the past 20 years and accommodates up to 60 individuals on any given night: The overflow from the shelter have been placed in a local"Overnights of Hospitality" progzam..run,by the Salvation Army and the Cape Cod Council of Churches and MAY-25-2006 11:32 FROM:HUD BOSTON CPD 6175655445 TO:e15088624782 P:19/24 the Pilot House has housed.those with addiction problems that may have kept them from being housed at NOAH. The Duffy Health Center,.though it does not provide sbeltcr, will be a good resource for referrals to Kit Anderson House rI due to the comprehensive healthcare services they provide to homeless clients. All of the residents for Kit Anderson House II will come from this population.of homeless individuals known to the NOAH Center/S,belter staff,Pilot House staff and Duffy Health Center staff The six units at Kit,Anderson House 11 will be occupied by residents age 18 and older. Units will be available to both single men and women from this homeless population. 401/6. Persons who came from the street or other locations not meant for human habitation.* 40% Persons who came from Emergency Shelters. '20% Persons who came directly from Overnights of Hospitality Program,the Pilot House or a motel.where they had been able to stay for part of the month but are residents of homeless programs the rest of the month_ "This iiacludes persons who ordinarily sleep in one,of the above places but are spending.a short time (30 consecutive days or less) in a jail,hospital, or other institution. Describe the outreach plan to bring these homeless participants into the Project For the first residents of Kit.Anderson.House II who moved into the house in . April NOAH and Daffy Health Clinic staff targeted chronically homeless individuals served by the Operation-in-from-the-Cold project. Operation-in-from- the-Cold was a short-term,winter project sponsored by Town of Barnstable, Cape Cod Council of Churches,private donors and.H.A.C. and Duffy. With 10-15 chronically homeless individuals living in camps/woods in.the Hyannis village t area at risk of freezing to death this past winter, it became apparent that immediate action was needed_NOAH and Duff staff into camps to convince people living there to take advantage of Operation-in-from-the-Cold to avoid freezing to death outside.NOAH and Duffy staff identified and subsidized motel options and people living in the camps accepted those units due to the effective outreach provided. Operab.ou-.in-,from-the-Cold ended March 31". H.A.0 decided to purchase a building to provide housing to people served by Operation-in-from-the- Cold to avoid having people served by that project having to return to the camps/streets after March.316c Additional outreach to chronically homeless indi.idual.s will be provided by NOAH and Duffy staff as needed to fill vacancies. Outreach will happen to individuals in camps, in the NOAH Shelter,Pilot House and Ovemights of Hospitality. } MAY-25-2006 11:32 FROM:HUD BOSTON CPD 6175655445 TO:815088624782 P:20/24 Since Kit Anderson House U addresses less than 2% of the permanent supportive housing gap, it is not expected that finding residents fox the project will be difficult.In.addition, since the residents will be selected from a pool of people already known to RAC or Duffy or the Pilot House,.tbe residents.will be selected because they want to tske.advantage of the opportunities offered by the project. Describe specifically how participants will be acsisted.both to obtain and also remain in permanent housing. As mentioned above,the Duffy Health Center and H.A.C./NOAH staff will. conduct outreach to people in the existing homeless camps and homeless programs to let them know that there is housing available along with supportive services. The housing is so-called."low-threshold"housing making it easy for residents to maintain the housing since there are minimal 1pquirum=t . The few rules in place to follow.is just to inake sure everyone is,safe and it will be a sober environment. The supportive services provided through the Duffy Health Center and.the MHBP grant which funds the supportive services,will also feature minimum requirements. Residents have to agree to meeting regularly with the case manager.However,through the relationship-based approach of the"Role Recovery"model,it-is expected that all residents will be taking full,advantage of the significant amount of supportive services available via Duffy. Each tenant can stay as long as they want since Kit,Anderson.House Il is permauent housing. If -residents want to move on at some point however, services are there to help them do so. Describe specifically how participants will be assisted both to increase their employment andlor income and to maximize their ability to lire independently. H.A.C./NOAH has employment specialists on staff at-NOAH which can be used by the residents of Kit Anderson House II and Duffy.'s.Project Hope, which helps people access the mainstrearn.resources such as SSI and SSDI,will help each person to obtain that type of income if appropriate. HAC also has scattered site shelters and housing that can be accessed by the residents who would like to move from the congregate living Kit Anderson House U location to a more private permanent housing unit. If you are proposing to serve persons with disabling conditioats;please describe blow this.project will assist these,persons to address their needs. The HUD definition.of cbronically homeless is a person with at least one disabling condition and H.A.C.°s experience with the chronically homeless has shown that stable housing can.effectively address some.of these disabilities. Chronic health issues can go unmet when someone is homeless and stable housing gives them the opportunity to address these issues. With the collaboration of the Duffy Health Center, any issues that are uncovered can be handled bythe staff.at MAY=25-2006 11:32 FROM:HUD BOSTON CPD 6175655445 TO:815088624782 P:21�24 the off--site locations or a Duffy nurse can go to residerits at Kit Anderson House 11. Should mental illness be one of the disabling conditions,H.A_G and Duffy will work together,to lead the client to the appropriate services-again,not a requirement of staying at Kit Anderson�,House Il, but.it will be made clear that these supportive services and resources are available to them:and are easy to access. Once a chronically homeless peison is housed in a stable, low barrier environment it is easier for them to address other issues. Discuss the need for this project In other words,how will this project be filling a gap in the existing Continuum of Care of services for the region? A 2006 analysis prepared by the Leadership Council to End Homelessness, (the region's Continuum of Care collaboration), the annual count of homeless indivi.duals.found.759 individuals counted as homeless with 473 estimated to have a disabling condition and either to have been homeless for over a year or to have had at least four episodes of homelessness within the past three years._According to a 2004.analysis;there is an unmet need/gap of 396 units of permanent 5uppoMVC house for inkddg. Kit AMA&A Hose II Z help to M this gap. Discuss your agency's experience and capability in carrying this project to Completion. Housing Assistance Corporation was founded in 1974 by a group of local housing advocates working in cooperation with the Massachusetts Department of Community Affaiis_ The agency's.first charge was to administer rental subsidies; today,more than 800 households participate in th.ese.prograrns through H_A.C_ - H.A_C was the first Cape Cod agency to consolidate housing services under on-- roof and,now has a complete continuum of care from.sheltering of the homeless to affordable housing development. H.A.0 has played a key role in founding several housing.organizations,most notably the Massachusetts Non-Profit Housing Association,HOME Consortium, Affordable Housing Loan Consortium,Lower Cape Cod Community.Development Corporation, and Housing Land Trust of Capc Cod_ H.AC's work reaches across Cape Cod and the Islands. We have helped. developers hold lotteries in nearly every town on the peninsula from Provincetown to Falmouth_ We were,instrumental in establishing the Lower Cape Community Development Corporation.in Eastham, We have developed affordable rental and homeownership housing.from Eastham to Bourne_ Our executive director,Rick Presbrey is the Chair of Martha's Vineyard Island Elderly . Housing and has been available to consult with developers of affordable housing on Nantucket for over twenty years_ H-A-C. is the largest non-profit developer of affordable housing on Cape Cod. Our partnerships in the business community, with town governments and other bousing.authwritics and in the community at . Large help us to be able to do our work. adjoin the county's sole adult emergency shelter, Duffy has been able to stabilize enough clients that it is has opened a second site (Duffy at Park c MAY-25-2006 11:32 FROM:HUD BOSTON CPD 6175655445 TO:815088624782 P:22/24 St.,Hyannis)for more stabilized homeless individuals aTid those at risk for homelessness as well as opening "Pilot House"(see below). • Experience in developing and managing a community-based,locally funded collaborative project, "Pilot House,"targeted to the chronically homeless who are turned away from other shel.ters because of mental illness or substance abuse issues and/or lack of sobriety. Since its opening , in January,2002, 160 chronically homeless adults have stayed at,Pilot House as part of a Modified Therapeutic Community and are working towards recovery and stability with Duffy clinical oversight a'nd intensive case managemen ., 48 Close collaboration with the local criminal justice system, which has remanded adults to Duffy post-release as well.as having Duffy staff, provide critical inreach to homeless inmates,prior to release. Federal support for the Duffy Health Center as a HRSA 330 (Healthcare for the Homeless)program,.,initially awarded in Septerxi 2002; and as-"a,20(}4 recipient of the Social Security Administration's Project HOPE initiative,a five year-collaborative agreement that provides outreach and targeted strategies to enroll homeless clients into SSI/SSDI ' prograrns. MAY-25-2006 11:33 FROM:HUD BOSTON CPD 6175655445 TO:815088624782 P:23/24 the off-site locations or a Duffy nurse can go to residents at Kit Anderson House U. Should menW illness be one of the disabling conditions,HA.C. and Duffy will work together to lead the client to the appropriate services-again,.not a , requirement of staying at Kit Anderson House II;but it will be made clear that these supportive services and resourcesare available to them and are.easy to access. Once a chronically homeless person is housed in a stable, low barrier environment it is easier for them to address other issues. f Discuss the need for this project In other words,bow will this project be filling a gap in the existing Continuum of Care of services for the region? A 2006 analysis prepared by the Leadership Council to End Homelessness, (the region's Continuum of Care collaboration),the annual count of homeless individuals found 759 individuals counted as homeless with 473 estimated to have ti a disabling condition and either to have been homeless for over a year or to have had at least four episodes of homelessness within the past three years. According to a 2004 analysis,there is an unmet need/gap of 396 units of permanent supportive'housing for individuals. Kit Anderson House it will help to fill this gap. Discuss your agency's experience 'and capability in carrying this project to completion. Housing Assistance Corporation was founded in 1974 by a group of local housing advocates working in cooperation with the Massachusetts Department of Community Affairs. The agency's first charge,was to administer rental subsidies; today; more than 800 households participate in these programs through H.A.C: H.A_C was the,first Cape Cod agency to consolidate housing services under one roof and now has a cox6plete continuum of care from sheltering of the homeless to affordable housing development H.A.0 has played a key role in founding several housing organi=ti,ons,,most notably the Massachusetts Non-Profit Housing Association,HOME Consortium,Affordable Housing Loan Consortium,.Lower Cape Cod Community Development Corporation, and Housing Land Trust of Cape Cod. H.A_C's work reaches across Cape Cod and the Islands. We have helped developers hold lotteries in nearly every town on the peninsula from Provincetown to Palm, auth We were instrumental in establishing the Lower Cape Community Development Corporation in Eastham. We have developed affordable rental and homeownership housing from Eastbam to Bourne. Our executive.director,Rick$resbrey is the Chair of Martha's Vineyard.Island Elderly Housing and has been available to consult with developers of affordable housing on Nantucket for over twenty years. H.A_C. is the largest non,-profit developer of affordable housing on Cape Cod.Our partnerships in the business community, ' with town governments and other housing auth.onties and in the community at large help vs'to be able to do ow work_ r MAY-25-2006 11:33 FROM:HUD BOSTON CPD 6175655445 T0:e150826247e2 P:24/24 In 2005,.H.A.0 served over.10.00 people in our shelters, 6500 households in our Housing Consumer Education Department, 111. individuals, 676 families and 1352 childreii in our Preventioa programs and 893 households .in.our energy conservation program.,HAC conducted 5 lotteries for 56 homes during the past year and has finished 110 units.of affordable housing. H.A_C paid out$6.5 million in rents to landlords,68%of whom are local. Finally,over 800 volunteers work with H.A.0 thr,ougbout all of our programs and departments. Over the past three decades, H.A.0 has provided services for tens of thousands of our local citizens. Describe experience directly related to working with homeless people: H_A.C's NOAH Shelter was established in, 1984 and now the NOAH Center comprises the shelter, the O'Neill Service Center. Residential, next-step options for some.clients in. the Bryan Chase House and the original Kit Anderson House. NOAH remains the only.shelter for individuals on Cape Cod and served over 538 people in 2004. In addition H_A.C. operates 3 family shelters in Hyannis,North Falmouth and Cataumet.. The Duffy Health Centex, a key subcontra.ctorlfor Kit Anderson House II,has significant direct experience in working with Homeless people. The Duffy Health Center's experience and success assisting chronically homeless clients,is underscored by: • 13 years of experience with a growing population of homeless adults,with a focus on behavioral health care for the chronically homeless, especially those with mental illness or other cognitive impairments,multiple impairments, and co-disorde . A continuum of healthcare with intensive medical case management and outreach,supportive services and benefits application assistance to.assist clients towards stabilization,recovery, and housing. • A holistic,multidisciplinary team approach with an emphasis on integrated behavioral health:The.Duffy Health Center staff use outreach . to engage clients and pzovide onsib� care in these areas: primary and preventive health care;nutrition,neurological and chiropractic services; mental health counseling and psychiatric services; and substance abuse . treatment,`education and.support. Duffy is part of a regionally-developed Specialty Network for the Uninsured,which.provides access to specialists for its clients as well as onsite"specialty clinics. + A multi-tiered clinic model, with three individual clinic sites,each one targeted.to a different level of client stabilization, with a continuum of care and,wraparound services provided to all clients. Evidence of success' in stabilizing chronically.Homeless clients is realized in these three sites. that Duffy operates. Initially operating out of a 500 square foot clinic adjoinvag the caunty's sale adult ern,ergency shelter,Duffy has been able to stabilize enough clients that it is has opened a second site (Duffy at Park WeStlaw. Not Reported in N.E.2d Page 1 , Not Reported in N.E.2d, 17 Mass.L.Rptr. 554, 2004 WL 810296(Mass.Super.) (Cite as: Not Reported in N.E.2d) B. The Brockton Coalition for the Homeless,Inc. Superior Court of Massachusetts. The BROCKTON COALITION FOR THE The Brockton Coalition for the Homeless, Inc. is a HOMELESS,d/b/a The Main Spring House et al. Massachusetts non-profit corporation. Its purposes V. and operations are exclusively charitable. David P.TONIS,Building Commissioner and Zoning Officer for the Town of Stoughton et al. The Coalition's articles of organization accurately No. CA.03-00226. state its purposes and accurately describe its actual " operations. The articles of organization state that the March 5,2004. Coalition's purposes are; .. to provide shelter on a temporary basis for homeless families and individuals," providing MEMORAND UM OF DECISION educational training to this group, to help in the CHARLES J.HELY,Justice. securing of employment, to provide access to health care when necessary, to aid in the obtaining of A.Introduction permanent housing thereby stabilizing the individual , or family_ unit, and to do all acts necessary and *1 The Brockton Coalition for the Homeless, Inc., is incidental to the carrying out of these purposes.... a charitable corporation. The Coalition obtained a building permit from the Stoughton Building The Coalition . is a "nonprofit educational Commissioner to renovate a former nursing home in corporation'' as that term is used in G.L. c. 40A, sec. order to operate the facility as a temporary shelter for . 3, par. 2. Garner-Athol Area Mental Health " seventeen homeless families. Stephen E. Goulston is Association, Inc. v. 'Zoning Board of Appeals of a neighbor whose property abuts the Coalition Garner, 401-Mass. 12 (1987). Its specific educational property. Mr. Goulston appealed the issuance of the activities and purposes regarding .the proposed building permit to the Stoughton. Zoning Board of Stoughton shelter will be further described below. Appeal. The Board issued a decision revoking the Coalition's building permit. The Coalition has applied to the court for judicial review under G.L. c. 40A, C. The Coalition's Proposed Family.Shelter and Its sec. 17. Educational Purpose One of the main purposes for the Coalition's The Coalition purchased the land and building of a proposed family shelter is educational. The proposed nursing home at 94 Prospect Street, Stoughton. The educational use is therefore exempt under the Dover facility is no longer operated as a nursing home. The Amendment, G.L. c. 40, sec. 3, par. 2, first sentence, nursing home had a capacity of fifty-nine .residents. from the ordinary Zoning by-law requirements. The. The Coalition applied for a building permit from the court must instead assess the particular facts Town" of Stoughton to renovate the bathrooms, " •concerning the proposed use and apply the special kitchens and stairways and to make other interior standards expressed G.L. c. 40, sec. 3, par. 2, first' ' alterations in the building in order.to operate if as a sentence, and in the case law, under the Dover temporary educational and .residential shelter for Amendment. Applying these standards, the Board's families. The shelter will be used exclusively for decision. revoking the Coalition's building permit families that consist of single mothers with children.. must be annulled. The proposed use would not increase the number of occupants in the building. The proposed use would The findings herein are based on the evidence and'the not alter the bulk or height,of the structure or the reasonable inferences that the court has drawn from setbacks and open space. After considerable the evidence. The court finds the testimony of Dennis planning, discussions and accommodations, the P. Carmen to be fair,accurate and highly reliable. His Stoughton Building Commissioner issued a building testimony is adopted as part of the court's findings. permit for this rehabilitation and use of the facility. The building permit was issued on October 23,2002. 0 2006 Thomson/West.No Claim to Ong. U.S. Govt. Works. Not Reported in N.E.2d Page 2 Not Reported in N.E.2d, 17 Mass.L.Rptr. 554,2004 WL 810296 (Mass.Super.) (Cite as: Not Reported in N.E.2d) programs already being,provided at Conway House *2 Stephen E. Goulston's his, property abuts the in Middleborough. Homeless families are commonly Coalition property. Mr. Goulston appealed the impeded by substantial deficits in education and life issuance of the building permit to the Stoughton skills regarding housing, employment, nutrition, Zoning Board of Appeal. The Board conducted a school, parenting, health care, hygiene and personal hearing on Mr. Goulston's appeal on December 12, finance. The Coalition's educational programs seek to 2002. The Board filed a decision on January 17, educate, train and guide homeless families in all of 2003, revoking the Coalition's building permit. The these areas. Board's decision precludes the building commissioner, from issuing a certificate of occupancy. By the date The. Coalition educational programs also teach of the Board's decision, the Coalition had completed homeless mothers and children better ways to cope virtually all of the rehabilitation work on the facility with family and personal conflicts and ,domestic as authorized by the building permit. The Coalition violence. An important part of the Coalition applied to the Superior Court for judicial review educational program is to help homeless families under G.L. c. 40A,sec. 17. learn how to more effectively participate in family, social and community group activities and support At the time of the Board's hearing on Mr. Goulston's programs. The Coalition educational program will, appeal,the Coalition's proposal was to use the facility include classes, group activities and individual for the temporary residence of not more than guidance and assistance.on all of these educational seventeen families.In its answers to interrogatories in topics. See Gardner-Athol Area Mental Health the present case, the Coalition has voluntarily Association. Inc. v. Zonink Board of Appeals of modified its proposal to reduce the number of Gardner, 401 Mass. 12, 15 (1987) ("Rehabilitation occupants to not more than sixteen families. surely falls within the meaning of education"). The court finds from the evidence that-a primary and *3 The Coalition educational programs will take dominant purpose of the proposed facility. is place at the Stoughton facility a minimum of five educational. For this reason, the.court must apply the days a week. The Stoughton building will include a limitations on the local board's authority contained in . classroom and a computertraining area.There will be G.L. c. 40, sec. 3, par. 2, first.sentence (the Dover classes and individual coaching and guidance on Amendment), and in the Massachusetts appellate finding and keeping long-term housing. There will be court decisions that interpret and apply this provision. job training including computer skills and skills for job applications and interviews. As shown by the evidence,- the term shelter is somewhat misleading. 'Temporary housing is 'only As at Middleborough, life for the temporary residents one part of the assistance that the Coalition will be of the Stoughton'facility will be highly structured and providing to homeless families at the Stoughton regulated.The Coalition imposes a lot of rules.There facility. The Coalition already operates a similar are daily schedules. A primary purpose of the rules shelter for thirteen homeless families in and 'schedules is ensure that the residents, both .Middleborough called Conway House. The,Coalition, mothers and children, obtain the maximum will operate the Stoughton facility in the same way as participation in the Coalition educational programs. . it has been operating Conway House since 1998. The Temporary shelter is provided, but education in life Coalition's purpose for Conway House and for the skills and employment skills to obtain family -Stoughton shelter is to assist homeless families in independence is a primary and dominant purpose of obtaining permanent housing and in becoming the Coalition's family shelter program. economically— and socially independent. The Coalition seeks to achieve -this by, providing Mothers are taught that they must get their school age - temporary shelter with education. The Coalition has children up, fed and.out to school every school day. learned that is"fruitless to provide shelter without Poor school attendance and learning are common education. The Coalition has learned that temporary problems for children whose lives are disrupted by shelter alone would do little to help a homeless, homelessness. The Coalition educational program family become independent and to avoid chronic requires mothers to help their children with a daily homelessness. routine for school.homework. The Coalition's educational programs that will be The Coalition shelters require'all residents to be in provided at the Stoughton facility are.the same as the the shelter and in bed by certain times.every day. 0 2006 Thomson/West.No Claim to Orig. U.S. Govt. Works. 1 - Not Reported in N.E.2d Page 3 Not Reported in N.E.2d, 17 Mass.L.Rptr. 554,2004 WL 810296(Mass.Super.) (Cite as: Not Reported in XE.2d) Visits from friends and family are regulated in timing disabilities); Campell v. City Council of Lynn, 32 and duration. Parking problems involving visitors Mass.App.Ct. 152, 154 (1992) (group residence for' have not occurred at Conway House and they are not elderly, mentally ill persons);compare Whitinsville t likely to occur at the Stoughton facility. The Retirement Society, Inc. v. Northbridge, 394 Mass. Coalition rules and schedules are not just for 757 (1985) (nursing home and residence for elderly convenience and good order. The Coalition considers did not have sufficient educational purpose). its rules and schedules to be essential parts of its educational programs. The rules and schedules are designed to teach families how to become D..The Board's Decision and the Application of the' independent and to avoid future homelessness. Dover Amendment Standards - Adult residents at Coalition family shelters are The Dover Amendment has been a statute in effect ' required to consistently attend and participate in the. since. 1950. The pertinent current language of the Coalition educational programs. Non-attendance is statute is in G.L. c. 40A, sec.3,par. 2,first sentence: not an option. Residents who will not participate in No zoning ordinance or by-law shall ...' prohibit, the educational programs are discharged from the regulate or restrict the use of land or structures ... for family shelters. All.adult residents who have not educational purposes on land owned or leased by ... a ' graduated . from high • school or obtained an nonprofit educational corporation;provided, however equivalency diploma are required -to attend high that such land or structures may be subject to school equivalency classes and to work steadily reasonable regulations concerning the .bulk and toward obtaining the diploma. Shelter staff provide height of structures and.determining yard sizes, lot scheduled child activities so that the mothers can area, setbacks, open space, parking and building attend classes and other educational programs. coverage requirements. As part of the training in personal .financial A municipality may not "through the guise of management, residents are required to report any regulating bulk and dimensional requirements under income and to establish regular savings programs. the enabling statute, proceed to `nullify' the use This serves the dual purpose of:.monitoring the'. exemption permitted to an educational institution." residents' financial eligibility and training them to Trustees of Boston College v. Board of Aldermen of husband their resources with the goal of independent _ Newton, 58 Mass.App.Ct. 794, 800 -(2003). In Jiving. addition to the rule against nullification, the local board and the court must .also consider the With the exception of a part-time maintenance reasonableness of the particular restriction..This will person, the staff persons.at the Coalition's Stoughton depend on the particular facts of each case and the shelter will. be assisting in various ways with the particular educational use proposed by the nonprofit educational, training and guidance programs. for the corporation. In reviewing a restriction, the court residents, even if the job title may not have the word "should consider whether the requirement sought to teacher in it. As in Fitchburg Housing Authority v. be applied takes into account `the special Board of Zoning Appeals of Fitchburg, 380 Mass-r j. characteristics of [the exempt] use.' A zoning 869, 874-75 (1980), the Coalition's.proposed facility requirement "that results `in something less than in Stoughton."would fulfil a significant educational - nullification of a proposed [exempt] use may be goal in preparing its residents to live by themselves unreasonable within the meaning of the Dover -outside the institutional setting." Amendment.' " Martin v. Corporation of the Presiding Bishop of Church of Jesus Christ of latter .*4 Forall the reasons stated above, the-court finds Day Saints, 434 Mass. 141, 151 (2001); RojZers v. from the particular facts of this case that education of Norfolk, 432 Mass. 374, 378 (2000): Trustees of Tufts the temporary residents is a primary and dominant College v. Medford, 415 Mass. 753, 758-759 & n. 6. - purpose .for the Coalition's proposed use of the .(1993).. Stoughton facility. See Fitchburg Housing Authority, supra; Watros v. Greater Lynn Mental Health and _ The Coalition's proposed facility is in a Residential Retardation Association, Inc 421 Mass. 106, 115 RU district. Generally a multi-family dwelling is not 1995 (residence for retarded persons); Gardner-. permitted in a Residential RU district except by Athol Area Mental Health Association. Inc. v. Zoning special permit for a two-family dwelling or for Board of Appeals of Gardner, 401 Mass. 12 (1987) conversion of a dwelling to a four-family dwelling if (residential care facility for adults with mental the structure existed before September 8, 1970. By- 0 2006 Thomson/West.No Claim to Orig.U.S.,Govt. Works. Not Reported in N.E.2d Page 4 Not Reported in N.E.2d, 17 Mass.L.Rptr. 554,2004 WL 810296 (Mass.Super..) (Cite as: Not Reported in N.E.2d) Law,sec. V(D). Conway House, the Coalition's family shelter in *5 The Board did not attempt to impose specific Middleborough, has been operating since 1998 with conditions tailored to the Coalition's proposed use of no significant parking complaints or difficulties.- the facility for an educational and residential shelter.. Conway house has thirteen families and nine parking The Board simply voted to revoke the building spaces. .The.Coalition makes no allotment of parking permit and stated its reasons for doing so. The spaces for residents at Conway House. The Coalition Board's first reason for revoking.the.building permit proposes nine parking spaces for the Stoughton was that `.`the owners of the property are not in facility. There will be a maximum of sixteen families'. . compliance with the local zoning regulations." in the Stoughton facility, and none of the parking Decision at 1. This seems to be a reference to the spaces, will be specially allocated for residents. The nature of the Coalition facility as a multi-family Coalition's actual experience is that the homeless dwelling. Similarly, the Board's decision states that single mothers who are eligible for temporary the Coalition's proposed. use will .be a substantial residence at the Coalition shelters are too poor to own alteration of a non-conforming use and that therefore cars. The financial. eligibility requirements imposed _. the proposed facility should be subject to all the by. the Massachusetts Department of Transitional ordinary restrictions in the by-law. Assistance make it nearly impossible for a mother who owns an operating motor vehicle.to be eligible These points in the Board's decision misconstrue the for,tempomry residence in a family shelter operated- effect. of the Dover Amendment. The Dover by the Coalition. Since 1998, the Coalition has Amendment exempts an .educational residential encountered only one resident in Conway House that facility from prohibitions on particular uses in briefly owned a motor vehicle. The opinion of the particular districts. The Dover Amendment also defendants' parking.expert,is not nearly as reliable as exempts an educational residential facility from the actual experience of the Coalition in running a prohibitions that would otherwise apply to alterations family shelter. to prior nonconforming uses. Watros v. Greater Lynn Mental Health.and Retardation Association, Inc. 421 *6 Deputy Fire Chief David Jardin expressed a : Mass. 106, 115 (1995). specific and very limited concern about access for fire and emergency vehicles on the north side of the As reasons for the revocation,the Board decision also building toward the northeast corner where the two or states that there is "inadequate parking for .the three parking spaces closest to the rear are also anticipated number of families" and that the "parking .`closest to the building. There. is also some concern area is too small to allow both parking and access for about emergency vehicle access if cars are parked in emergency vehicles." Access for emergency vehicles the front semi-circular driveway, even though the is unquestionably a permissible issue for a local Coalition has not designated.this as a parking area. board to consider in fashioning a reasonable The court's order will permit the Building restriction. The Board in this case did not impose any Commissioner and the Zoning.Board of Appeal to reasonable conditions to address,emergency vehicle address this emergency vehicle access issue, if they access. This is not permissible under G'L. c. 40A :, l deem it appropriate, by imposing . reasonable sec. 3,par. 2, first sentence, and the governing case conditions on the locations, parking restriction signs., law. It amounts to a nullification of the proposed and markings for .the Coalition's proposed nine educational residential facility. See Martin v. parking spaces. Corporation of the Presiding Bishop of Church of Jesus Christ of latter Day Saints, 434 Mass. 141, 151 To'the extent that the Board's decision pis based on 2( 001); Trustees of Tufts College v. Med ord, 415 neighborhood parking concerns that.are not related to " Mass. 753, 758-759 & n. 6'(1993); Trustees of emergency vehicle access, the facts established at the Boston College v. Board of Aldermen of Newton, 58 trial do not warrant the imposition of any additional Mass.App.Ct. 794, 800(2003). parking requirements that are not specifically tailored to emergency vehicle access to the facility: This does not mean that the Board cannot impose any parking restriction directed ..toward emergency Stephen E. Goulston, Harold Curtis and Robert vehicle access. It does mean that a parking restriction Sinclair are neighbors who live next to or near the must. avoid nullification and must satisfy. the Coalition property. They described in their testimony reasonableness test considering " `the .special the residential character of their neighborhood.These characteristics of[the exempt]use.' "Martin, supra. residents did not state that they are opposed to the 0 2006 Thomson/West.No Claim to Orig.U.S. Govt. Works. Not Reported in N.E.2d Page 5 Not Reported in N.E.2d, 17 Mass.L.Rptr. 554,2004 WL 810296 (Mass.Super.) (Cite as: Not Reported in N.E.2d) Coalition's use of.the property for a family shelter in the neighborhood. They did express their concerns E. Conclusion that the parking would be inadequate for the number of people using the facility. Mr. Goulston, Mr. Curtis The.court.will enter an order under G.L. c. 40A, sec. and Mr. Sinclair described the parking problems that 17, annulling the Board's decision to revoke the they have observed in the neighborhood when the Coalition's building permit. The order will direct the building was used as.a nursing home. issuance of a certificate of occupancy and will permit the Building Commissioner and the Zoning Board of The nursing home had an authorized maximum of Appeal to impose reasonable restrictions on the.. fifty-nine,residents. The Coalition's proposed family location and marking of parking spaces for the shelter will have sixteen families with forty-eight to purpose of emergency vehicle access. fifty-five residents. Because of the medical needs of nursing home residents, the ratio of staff to residents Mass.Super.,2004. was much higher.for the nursing home than it will be Brockton Coalition for Homeless v.Tonis, for the shelter. This was true for workday, night and Not Reported in N.E.2d, 1.7 Mass.L.Rptr. 554, 2004 weekend periods. Both a nursing home and a family ' WL 8I0296(Mass.Super.) shelter have visitors who visit.the residents. There is no reason in the evidence to expect that the number END OF DOCUMENT of visitors to the family shelter for sixteen families will be greater than for the nursing home with fifty,, nine residents. Institutional deliveries can reasonably be expected to be fewer for the shelter than for the nursing home in part because a nursing. home generally serves all meals to the-residents. The shelter families will be expected to do their own food purchasing and meal preparation, although teaching and assistance in this area is part of the shelter's educational program. The court finds that the proposed shelter for sixteen families 'with nine on-site 'parking spaces (one handicap, eight regular) will not have a. harmful effect on parking and vehicle movement in the neighborhood in . comparison with the fifty-nine resident nursing home that was previously operating on the same site. *7 The Board's decision also expressed concerns about the amount.of space for child play areas on the,, lot and the lack of a public sidewalk on Prospect Street in front of the site. Based on the evidence at the trial, the amount.and locations of outdoor play 'space for children is reasonable and safe for the. , sixteen families that are now proposed.for the site. The size, bulk, height and lot location of the building and ,the lot area, setbacks, open space and 'building coverage on- the lot are all reasonable for the Coalition's proposed use of the facility-. for a temporary shelter and educational residence for sixteen families. The defendants' objection to Exhibit ' A for Identification is sustained © 2006 Thomson/West.No Claim to Orig. U.S.Govt.Works. x LRIDI MA-CLE 104 Page 1 of 13, (Main Handbook) Massachusetts Continuing Legal Education, Inc. 2002 Legal Rights of Individuals with Disabilities Volume I Chapter 4 ENFORCING FAIR HOUSING RIGHTS TO LIVE IN THE COMMUNITY OF-CHOICE STANLEY J. EICHNER, ESQ . FNal Disability Law Center, Boston Copyright © 2002.by Massachusetts Continuing Legal-Education,Inc. 4_1_Introduction § 4.2 Massachusetts Law--G.L. c. 40A § 4.2.1 Educational Use §_4.2.2_Nonprofit_Educational Corporation: §_4.2.3 "Reasonable Regulation" of Educational Uses Under Chester 40A § 4.2.4 G.L. c. 40A, 3,�14 -- . §_4.3 Federal Law (a) Facially Discriminatory Zoning Codes tbj Reasonable Accommodation Requirement )Family Com op Sjtion Rules. + (d) Reasonable Accommodation Claims--Administrative Exhaustion Required§ . e-) Discriminatory Intent Dis arate Treatment f a_Q sparate Impact § 4_3.2 Title II of the Americans with Disabilities_Act_as Applied to Communit _y_ Residences -_ _ P 5 4.4_Conclusion EXHIBIT 4A--Fair Housing Barriers Scope.Note In this chapter,.the author addresses the rights of people with disabilities to live in the communities of their choice. In particular., it describes the protections provided by the Massachusetts zoning statute and federal laws including"the Fair Housing Amendments Act and the Americans with Disabilities Act. § 4.1 INTRODUCTION As members of the disability community continue'to press their right to live in the community, see, e.g,, Olmstead v. L.C. ex rel. Zimrina, 527 U.S. 581 (19991, it becomes ever more critical that the fair housing rights of people with disabilities to live in the community of their choice .be protected. Historically;the establishment of community residences for people with disabilities has experienced resistance, either from neighbors, the municipality, or sometimes both. Fortunately, Massachusetts has one of the strongest sets of laws protecting individuals with disabilities..The Massachusetts ,zoning statute, Chapter 40A, provides significant protections to individuals with disabilities who wish to live in the community. This chapter first discusses the protections afforded by the zoning statute, and then reviews those.protections provided by federal law. A chart entitled Legal Tools to Remove http://web2.westlaw.com/result/documenttext.aspx?blinkedcitelist=False&rs=WLW 6.05&... 5/27/2006 LRIDI MA-CLE 104 Page 2 of 13 Fair Housing Barriers, which sets forth which particular law can best be used to remove specific barriers to community housing, appears at the end of the chapter in Exhibit 4A. § 4.2 MASSACHUSETTS LAW--G.L. C. 40A In 19.59, the general court amended the state's Zoning Enabling Act by adding the hover Amendment, which provides that, "[n]o zoning ordinance or by-law shall ... prohibit, regulate or restrict the use of land or structures for ... educational purposes on land owned or leased ... by a nonprofit educational corporation," 1959 Mass. Acts 607, § 1; G.L__c_40A, z, The purpose of.the amendment was to protect "educational and religious institutions, because of their unique locational requirements and ... importance to society generally," by exempting them from local zoning laws. .Sisters of the_Holv Cross of Mass. v_Town of Brookline,_347 Mass. 486, 496.198 N.E.2d 624, 632 C1964). In 1975, when the entire state Zoning -Enabling Act was revised and Section 2 of Chapter 40A became Section 3, the. statute was amended to provide, in pertinent part: No zoning ordinance or by-law shall ... prohibit, regulate or restrict the use of land or structures for ... educational purposes on land owned or leased ..: by a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements: 1975 Mass. Acts c. 808, § 3; G.L. c. 40A, � 3, ¶ 2. This amendment to the state's enabling statute exempts educational uses from all use.restrictions imposed by cities and towns, except for "reasonable regulations" concerning bulk, dimensional, and parking requirements. Thus land used for educational purposes, previously exempt from zoning regulations,.became subject to zoning dimensional, but not use, requirements. Even in the enumerated areas where municipalities may regulate, they "may not, .through the guise of regulating bulk and dimensional requirements under the enabling statute, proceed to 'nullify' the use exemption permitted to an educational institution." Bible S.Deaks v. Bd. of Agpeals of Lenox, 8 Mass. App. Ct. 19�. 31 391 N_E.2d 279E_285 L1979) (quoting Sisters_of the Holy_Cross of Mass._v_. Brookline, 347 Mass_ at 494, 198 N.E.2d at 631). For a fuller discussion of the scope of permissible regulations, see § 4.2.3, "Reasonable Regulation" of Educational`Uses Under Chapter 40A, below. Initially the key issue in these types of cases was whether the proposed use of the property falls within the "educational use" exemption of Section 3 of Chapter 40A. If an owner or developer of a community residence can show that it meets the requirements of an educational use, it would be exempt from zoning use restrictions. As explained by the Supreme Judicial Court in Gardner-Athol Area Mental_Health_Ass'n v.__Zoning_Bd._of.AmDeals of Gardner,_401 Mass. 12, 13 513 N.E.2d 1272_ 1274 19871; G.L. c. 40A, q 3; "denies to a municipality the right to restrict by zoning 'the use of land or structures ... for educational purposes ... by a-nonprofit educational corporation."' To qualify under that exemption,the organization must show that the use of land or structures is for educational purposes and that the entity is a nonprofit educational corporation. § 4 2.1 Educational Use For a program to qualify as an educational use, the test.is "whether the dominant activity will be educational:" Fitch Housi.ng_Auth:__v___Bd._ of Zoning Appeals of Fitchburg ,_3_a Mass__869 874__406 N.E.2d 1006 1009 198 . The Supreme Judicial Court made clear, however, that it "has long recognized 'education' as 'a broad and comprehensive term,"' Fitchburg Housing_Auth.-v. Bd. of Zoning_Appeals of_Fitchburg,__38-- Mass 8.69,_874,=406_N,E.2d:10064__1009_(1980) (citing Mount Hermon Bps' Sch. V. Gill,_ 145 Mass. 139, 146 13 N.E.2d 354 3, 57 (1887))..(Accepting as a definition of education "the process of developing and training the powers and capabilities of human beings [and] the process of preparing persons 'for activity and. usefulness in life."') Significantly, in applying that principle to individuals with disabilities, the Supreme Judicial Court held that instruction in matters such as how to live independently outside an institutional setting or in daily living.skills were educationally significant. Fitchbur�c_Housin�Authw___Bd_of Zoning_A-peal s_of Fitchbu A 380 Mass. at 875 406 N.E.2d at 1009. "Inculcating a basic understanding of how to cope with everyday problems and to maintain oneself in society is incontestably an educational process." Fitchburg Housing Auth._v_._Bd._of_Zoning_Aboeals of Fitch burg,_380 Mass_at 875 406 N.E.2d at 1009. The fact that past and continuing emotional or psychiatric problems may determine the character of the http://web2.westlaw.6om/result/documenttext.aspx?blinkedcitelist=False&rs=WLW6.05&... 5/27/2006 LRIDI MA-CLE 104 Page 3 of 13 training does not signify that the facility is medical or render it any less educational. Fitchburg Housing Auth. v. Bd of Zoning Appeals of Fitchburg, 380 Mass at 875; 406 N.E.2d at 1010. The fact that the proposed residents would be adults; that the nature of what is to be taught would not fall within the traditional areas.of academic instruction; that the facility would provide residential accommodations; or that.the instructors would not be certified by the state, does not deprive the use of educational character. Fitchbur�c_Housing Auth._v_Bd_of Zonin Appeals of Fitchburg, 380 Mass. at 875,_406 N E.2d at 1010. The implication of the court's of interpretation-of education is that virtually all community residences for individuals with disabilities are within the educational use exemption of Chapter_40A. The Supreme Judicial Court's broad interpretation of education, however, is not without limit, as shown by its decision in Whitinsville Retirement Society, Inc. v. Town-of Northbridge; 394 Mass. 757 477_N_E.2d 407 (1985). The plaintiff in Whitinsville Retirement Society, Inc., v.. Town of Northbridge had sought a building permit for an independent living facility that would contain twenty.-four . efficiency apartments for the elderly, arguing that the program was exempt, as an educational.use, from Northbridge's zoning.bylaw restrictions. Whitinsville. Retirement SocietyInc_, v. Town of Northbridge 394 Mass. at 759, 477_N_E.2d at 409.The evidence indicated that there would not be structured programs of instruction or training other than perhaps a crafts program. The Supreme Judicial Court found these activities to be insufficient to support the educational use exemption. A mere "element of education, provided not by a formal program ... but only informally gleaned from the interplay among residents of the nursing home," was not sufficient to constitute an educational purpose pursuant to Chapter 40A, Section 3. Whitinsville Retirement Society, Inc.', v Town of Northbridge,,_394 Mass. at 761,477_N_E_2d at_410. § 4.2.2 Nonprofit Educational Corporation The Supreme Judicial Court addressed the second prong of Chapter 40A's two-part test--whether an agency was "a nonprofit educational corporation;" in Gardner-Athol Area_MentaL,Health Ass'.n�Inc._v_,. Zoning Bd. of Appeals of Gardner, 401 Mass. 12� 513 N.E.2d 1272 1987). Although the Gardner Zoning Board had not contested the fact that the proposed use of the.property was for an educational use, it had argued that in order for the program to.avail itself of.the Chapter 40A exemption, education had to be "the dominant purpose or primary purpose of a nonprofit corporation," Gardner Athol_Area Mental Health Ass'n._Inc___v__Zoning Bd. of Appeals of Gardner,_401 Mass_at 15. 513 N.E.2d at 1275.. The Supreme Judicial Court explicitly rejected the Board's argument, holding that there was.no,support for it. in the statute. Gardner-Athol Area Mental Health Ass'n. Inc. v. Zoning Bd. of_Ap�eals of Gardner,_401 Mass._at 15R 513 NE2d at 1275.-The Court stated that [t]he proper test in deciding whether a nonprofit corporation is.an educational one is whether its articles of organization permit it to engage in educational activities, a question easily answered by a review of documents filed with the State. Gardner-Athol Area Mental Health Assn Inc. v. Zoning Bd. of Appeals of Gardner, 401 Mass at 15- 16, 513 N.E.2d at 1275. The proposed educational activities need only be within the corporate purposes of the nonprofit corporation -there is no,justification for adding a requirement that the corporation's activities be primarily in education. Gardner-Athol Area Mental Health Ass'n; Inc. V. Zoning Bd_o_f_Appeals of Gardner; 401_Mass; at 16' N.E.2d at_1276. 4.2.3 "Reasonable Regulation" of Educational Uses Under Chanter 40A After enunciating the very broad definition of education and rejecting the "dominant purpose" requirement in Gardner-Athol Area Mental Health Ass'n, Inc. v. Zoning Bd. of Appeals of Gardner, the next focus of Supreme Judicial Court cases shifts to the question of how much zoning boards may 1 regulate dimensional requirements under _ the 1975 amendment to Chapter40A. As noted above, the general court amended the Zoning Enabling Statute in 1975 to allow municipalities the power to set "reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements," G.L. c40A.J._3. 11 2. Courts have made clear, however, that municipalities may not, through the guise of regulating bulk and dimensional requirements, "'nullify' the use exemption permitted to an educational institution." Bible 5 eaks v. Bd. of Appeals of Lenox, 8 Mass. App. Ct. 19, 31, 391 N.E.2d 279, 285 The allowable balance between "reasonable-regulation" on-the one hand and "improper nullification of the use exemption on the other has been the central issue in a trio of Chapter 40A Supreme Judicial Court http://we,b2.westlaw..com/result/documenttext.aspx?blinkedcitelist=False&rs=WLW6.05&... 5/27/2006 LRIDI MA-CLE 104 Page 4 of 13 decisions. F In the first case, Tufts College had successfully challenged in land court a series of dimensional, parking, and loading requirements of Medford's zoning ordinance that the city.had applied to several campus construction projects. On appeal, the issue.was how to.strike a balance between the sometimes-conflicting interests of the Dover Amendment in "preventing local discrimination against an educational use, ... and honoring legitimate municipal concerns that typically find expression in local zoning laws." Trs, of Tufts Coll._v_City of Medford, 415 Mass: 753 757 16_N.E.2d 433_437.-8 -- � 6 -- —, _ .(�1993). Determination of whether the application of a particular set of regulations to an educational use is deemed "reasonable" is an individualized one, but the burden of proving that the local regulations are unreasonable, as applied to an educational facility's proposed project, will be on that educational institution. Trs. of Tufts Coll. v. City of Medford, 415 Mass. at 75.9, 616 N.E.2d at 438-39 The educational institution may do so by demonstrating that "compliance would substantially diminish or detract from the usefulness of a proposed structure ... without appreciably advancing the municipality's legitimate concerns[,] (footnote omitted) ... [or there would be] excessive cost of compliance ... without significant gain in terms of municipal concerns[.]" Trs. of Tufts_Coll_y. City f Medford, 415 Mass. at 759_60, 616_N.E_2d_Of 439.. In Campbell_v_Cit_�Council_of Linn, 415 Mass,:_772, 616 N.E:2d_445�1993�, the Supreme Judicial Court addressed similar issues when applying these principles to a.group residence for.fifteen elderly, individuals with mental illness. The Appeals Court upheld the decision of the land court, which held L that the zoning restrictions needed to be-waived so as to not undercut the educational use exemption. The Supreme judicial Court held that this interpretation of Chapter 40A by the appeals court, which conferred absolute discretion.to local zoning officials to disregard otherwise applicable general requirements, went beyond the law. Campbell v. City Council of Lynn, 415 Mass. at 778, 616 N.E.2d at 449_ Local officials may not grant blanket exemptions from the requirements of local zoning ordinances. Campbell_v_ City Counei_I_of_L r�nn415_Mass. at 778, 616 N_E.2d at 449, The Court stated the following: [They] ... may, however, on an appropriate showing, decide that facially.reasonable zoning requirements concerning bulk and-dimension cannot be applied to an educational use because [doing so] ... would improperly nullify the protection granted to the use, or would significantly impede an educational use..:. . Campbellw_. City Council of_Ly_nn,415 Mass. at 778, N.E.2d at 449. The Supreme Judicial Court most recently addressed this issue of balancing permissible regulation and improper nullification of the use exemption in Rogers v. Town of Norfolk, 432 Mass. 374, 734 N.E.2d 1143 2000). Rogers.v. Town of Norfolk, unlike Trs. of Tufts Coll: v. City of Medford and Campbell v. City Council of Lynn, arose in the context of Chapter 40A's limit on child-care facilities zoning, rather than educational uses. Trs. of Tufts Coll._v_C _of Medford, 415 Mass._753, 616 N_E22d. 433� Campbell v. City Council of Lynn, 415 Mass, 772, 616 N:E.2d 445. (Paragraph 3 of.Chapter 40A provides, in almost identical language to Paragraph 2, the same prohibition on special permitting and allowance of dimensional regulations.) Norfolk's zoning limited the "footprint" of a child-care,facility to a maximum of 2,500 feet. The Supreme Judicial Court held that, the proper test for determining whether the provision in question contradicts the purpose of G.L. c. 40A,--§ 3 is ... whether the restriction furthers a legitimate municipal interest, and its,application rationally relates to that interest, or whether it acts impermissibly to restrict the establishment.of [those type of] facilities in town, and so is unreasonable: _ Rogers v. Town of Norfolk,_432_M_ass__at 379 _734 N.E_2d_at:1146. Applying that test, the court held that the provision was facially valid.,The Supreme Judicial Court then. considered whether the provision was invalid as applied. The applicant bears the burden of proving "that compliance would substantially diminish or detract from the usefulness of the proposed structure or impair the character of the applicant's property, without appreciably advancing the municipality's legitimate concerns." _Rogers__v_._Tow_n_of Norfolk,_at 384,_734_N_E.2d_at_1150. Finding that compliance would negatively affect the integrity of the building without furthering the underlying purpose of'the zoning code, the Supreme Judicial Court found that the provision was invalid .in its application. Rogers v. Town of Norfolk at 384 734 N.E.2d at 1150. Notably, the dissent in Rogers v. Town of Norfolk would have found .that the regulation was facially invalid, concluding that the zoning bylaw effectively nullified Chapter 40A's use exemption because it imposed a more restrictive footprint Limitation in comparison to other uses without "any reasonable basis for such discriminatory treatment." Rogers_v_Town of_Norfolk,_at 385, 734_N.E.2d_at_1150; http://web2..westlaw.coni/result/documenttext.aspx?blinkedcitelist=False&rs=WLW6.05&r.. -5/27/2006 . LRIDI MA-CLE 104 Page 5 of 13 § 4.2.4 G.L. c. 40A, 3 4 In 1989, Chapter_40A was amended once again to incorporate an explicit nondiscrimination mandate' in its provisions. The amendment provides the following: Notwithstanding any general or special law to the contrary, local land use and health and safety laws, regulations, practices, ordinances, by-laws and decisions of a city or town shall not discriminate against a disabled person. Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination. G_L._c_ 40A,_§_3, amended by 1989 Mass. Acts c. 106, §.1. The provisions of the 1989 amendment - explicitly apply to the cities of Boston and Cambridge: : Although.no appellate decisions have interpreted the 1989 amendment, it was used effectively on behalf of Grenada House, a residential treatment program for people recovering from alcohol and drug addition, which wa"s thwarted in its attempt to locate in a residential neighborhood in Boston. In a suit seeking injunctive relief in Suffolk Superior Court; the residence.alleged-that Boston's zoning policies and practices violated several federal and state laws,including G.L, c. .40A §_3� 4. Superior court Judge Peter"M. Lauriat ruled in favor of Grenada House's Motion for Summary Judgment, . holding that "[a]s a civil rights statute, the MZA [Massachusetts Zoning•Act] is remedial and the court . must construe it liberally." (citations:omitted).Grenada House, Inc. v. City of.Boston, 1997 Mass. Super. LEXIS 532 at 9. Using the broad definition of "disabled person" from the federal Fair Housing Act, the court held that G.L. c. 40A, § 3, ¶ 4 "must be read to bar the City's discriminatory treatment of a group home for recovering drug and alcohol users." Grenada House, Inc._v. City of Boston, 1997 Super. LEXIS 532 at 10. : In addition, the attorney general's Disability Rights Project has used the 1989 amendment effectively in a number of instances. A building inspector. sought to require a community residence for individuals with mental disabilities to install an elaborate fire alarm system, including..the installation of anon-site fire,alarm pull box and a red globe illuminated 24 hours per day in front of the home..Because no such system would be required of any other residences within the town, the policy could not withstand analysis under G_L. .c. 40A, § 3, 14. The inspector agreed to withdraw the requirement after learning, from communications with the attorney general's office, about the problems the requirement posed under the fourth paragraph of G.L. c..40A, In a second example, a town argued that because an increased number of individuals and staff from a community residence would be using the house, the existing septic system was not adequate and had to be upgraded to a new system, which was prohibitively expensive. The town attempted to support this argument with its water consumption and septic system regulations. However, because the town calculated water usage for all.other residents based upon the;number of bedrooms, rather than the number of people who might use a residence during the course.of a day, the policy was fatally flawed under the fourth paragraph of G.L. c. 40A, § 3. After a series of communications with the office of the attorney general, the town decided-not to proceed with its new policy. Practice Note Although Chapter 40A.does not generally require the provision of reasonable accommodations, it does contain one specific provision that functions as a reasonable accommodation'requirement. It prohibits the application of zoning dimensional requirements, such as set back and front, side and rear yard limits and "handicapped access ramps on private property used for facilitating ingress-and egress: ..." G.L._c._40A,._§_3,_J:8 § 4.3 FEDERAL LAW ' § 4.3.1 Fair Housing Amendments Act of.1988 as Applied to Community Residences _ As explained above, in 1988, Congress enacted the Fair Housing Amendments Act (FHAA). The FHAA forbids discrimination on the basis of a handicap "in the sale or rental, or to otherwise make unavailable or to deny, a.dwelling,".or .."in the terms, conditions, or privileges of,sale or rental of a dwelling, or in the provision of services-or facilities in connection with such dwelling." _42 U,_S_C.__§ 3604ffy�_--� :.. http://web2.westlaw.com/result/documenttext.asp'?blinkedcitelist=False&rs=WLW6.05&.. 5/27/2006 LRIDI MA-CLE 104 Page 6 of 13 Housing advocates will recognize the above provisions as mirroring the Title VIII fair housing ' requirements applicable to other protected categories, under the act. Similarly, just as the case law interpreting the Fair Housing Act, prior to the 1988 amendments, makes clear.:that the act reaches intentional discrimination and actions and policies that have a disparate impact, see, e.g., Huntington Branch, NAACP v. Town of Huntington, 844 F.2d 926 (2d Cir. 198R):, so too, disability discrimination housing suits brought under the FHAA reach discriminatory intent and discriminatory impact, see, , e.g.; Stewart B. McKinney_ Found,,_Inc.y,_Town_Plan_and Zoning_Comm'n of the Town of Fairfield: 790 F. Supp. 1197 f D. Conn. 1992). What makes the FHAA substantively different and. particularly important to fair housing advocates for individuals with disabilities is its provision that defines.."discrimination" to include "a refusal to make reasonable,accommodations in rules, policies, practices, or services, when such'accommodations'may. be necessary to afford such [individuals with disabilities] equal opportunity to use and enjoy a dwelling[•]" 42__U__S:C._� 3604�f)(_3)(B).• As the legislative history of the FHAA explains, a fundamental purpose of the act was "to end the unnecessary exclusion of persons with handicaps from the American mainstream." H.R. Rep. No. 711, ' 100th Congress, 1st Sess. 18 (1988),'reprinted in 1988 U.S.C.C.A.N. 2173, 2179 ("House Report"). As a result of "prejudice and aversion," individuals with disabilities have experienced housing . discrimination. House.Report at 18. Ih-the specific context of congregate living arrangements for persons with handicaps, Congress understood that the authority to regulate the use of land "has sometimes been used to restrict the ability of individuals with handicaps to live in,communities. House Report"at 24. Congress intended the substantive provisions of the FHAA to. apply to "state or local land-use ... practices or decisions which discriminate against.individuals with handicaps," House Report,at 24., and specifically, "intend[ed] that the prohibition against discrimination against those with handicaps apply to zoning decisions and practices." House Report at 24. As recognized by the First Circuit, the FHAA "specifically targets the discriminatory.use of zoning laws and restrictive covenants." Casa Marie, Ind; v_Su erior Court of_Puert_o Rico, 988 F_2d 252.E_257n_ -List Cir. 1993)_. A community residence for individuals with disabilities that experiences barriers to its establishment . or operation can establish a violation of the FHAA by proving one of the following: . • that the municipality's zoning code discriminates against people with disabilities on its face; . • that the municipality refused to provide a reasonable accommodation; _ • that the municipality's actions were motivated, in.part, by discriminatory. purposes; or • that the municipality's actions had a disparate impact on people with disabilities. Each of these alternative theories of liability will be reviewed, with particular emphasis on the law of reasonable accommodation, because that claim is unique to disability fair housing law. (a) Facially Discriminatory Zoning Codes As reflected in the Iegislative,history, Congress understood that housing for individuals with disabilities-is "made unavailable" in a number of ways. Thus, "the enactment or imposition of health; safety or land-use requirements on congregate living arrangements among non- . related persons with disabilities" that are not imposed on similarly situated nondisabled groups, and "the application or enforcement of otherwise neutral rules and regulations on health, safety and land-use in a manner i that discriminates against people.with disabilities,"H.R_Rep,_No. 100.711,_at 24 19881, are both prohibited under the FHAA. An ordinance that uses"discriminatory classifications is unlawful in all but rare circumstances." _Horizon House v__Township ofW-per__SouthamptonE_804 F. Su-pp. 683,693_(E.D. Pa_19921, of 'd, 995 F.2d 217 (3rd Cir. 1993). If the ordinance discriminates against individuals with disabilities on its face and "serves no legitimate government interest,,' Horizon House v_Township of Upper_Southam ton,. 804 F_;Supp_ 683 693 (E_D,_Pa, 1992)., of 'd, 995_F.- _2d_217 _Ci Q dr_ 199�, it_ violates the FHAA. In some,instances, the, municipality attempts to defend its ordinance by citing the "benign" purpose behind its enactment; see, e.g., Horizon House v_Township_of Upper Southampton, 804_F, Supp.._at 694=95._ Generally, the motive of the drafters,however, is "irrelevant to a determination of the lawfulness ofahe ordinance," Horizon House v, Township of Upper Southampton, 804 F_Supp__at 694-95. In order for such an ordinance to survive challenge under the FHAA, the defendant must demonstrate that the discriminatory classifications are "'warranted by the unique and specific needs and abilities of those handicapped persons' to whom the regulation apply." Larkin_V. State of Mich. Dep't.of Soc. Servs, 89 F.3d 285, 290 (6th Cir. 1996) (citin'g,Marbrunak, Inc. v. City of Stow, Ohio,_974_F.2_d 43, 47_(6th_Cir, This.has been a difficult standard to meet. Where, for example, the zoning wholly fails to particularize,its safety requirements, but instead includes "nearly http://web2.westlaw.com/result/documenttext.'aspx?bllnke'dcitelist=False&rs=WLW6.05&... 5/27/2006' LRIDI MA-CLE 104 Page 7 of 13 .every safety requirement that one may think of as desirable," Larkin v. State of Mich. Dep't of Soc. Servs, 89 F.3d 285, 290 (6th Cir. 1996)_ (citing Marbrunak. Inc. v. City of Stow, Ohio, 974 F 2d 43, 47 f 6th Cir. 1992j), it will be found to violate the FHAA. Examples of facially discriminatory zoning classifications that have'been found to violate the FHAA include the following: spacing and notice requirement that only'.applied to community residences for people with disabilities, Larkin v_Mich_Dep't of Soc. Servs,_89 F_3d at 289-90; • fire code provision that only applied to community residences for people with disabilities, Alliance for Mentally III v.-City-of Naperville-,923 F_Supp__1.057,_1069.70(N_.D.._III1996); and • spacing rule that only applied to community residences for people with disabilities, Horizon_House v. Township of Upper Southampton, 804 F. Supp at 693-94. r (b) Reasonable Accommodation Requirement To address instances where neutral rules and regulations.might interfere with an individual's "equal opportunity to use and enjoy a dwelling," 42 U_S_C, §_3604( �B�, Congress required that municipalities "make reasonable accommodation in rules; policies, practices, or services." H.R. Red_ No. 100-711, at 258 1988). An accommodation is reasonable "if it does not cause any undue hardship or fiscal or administrative burdens on the municipality, or does not undermine the basic purpose that the zoning ordinance seeks to achieve," Oxford House, Inc. v. Town of Babylon, 819 F. -Supp. 1179, 1186 (E.D. N.Y 1993). A related issue involves the question of which party bears the burden of proving that the accommodation is "reasonable" within the meaning of the FHAA. The Third Circuit has held that, "the burden should [be on the municipality] ... to prove that it was either unable to accommodate [the residence] or that the accommodation [the residence] proposed was unreasonable." Hovvsons, Inc__v_ Township_of Brick, 89 F.3d_1096__1103�3rd Cir.:1996�. Courts have held.that municipalities must change, waive, or make exceptions in their zoning rules to afford people with disabilities the same access to housing as those without disabilities. (citations omitted)." Hovsons, Inc. v. Township of Brick, 89 F.3d_10.96, 1103 ir3d_Cir. Example In,order to comply with licensing egress requirements, a community residence for individuals with mental disabilities had to install a rear fire escape. Installation of the required fire escape, however, would have conflicted with the cty's'zoning setback requirement. The municipality would be affirmatively obligated to make accommodations in its zoning rules, unless it could demonstrate that doing so imposes an undue hardship. Examples of accommodations that courts have found to be reasonable are • substitution of side yard for rear yard, United States v. City'of Philadelphia, 838 F. Supp 223, 228 (E.D. Pa. 19931; • elimination of ten-space parking rule; United States v_._Comm. of P.R., 764 F. Sug_P, 220,_22�D. P.R. 1991); and. • waiver of provision in fire.code, Horizon House_v_;_Township of Upper SouthamptonF 804.F. Su pp, at 699. (c) Family Composition Rules, One common context in,which the reasonable accommodation issue arises involves "family, composition rules." These,are zoning provisions that define "family" as being no more than "X" unrelated people living together, and limit one or more of its residential zones to "families." The dispute develops when a community residence needs, either for financial or programmatic reasons, to have a minimum number of residents, which exceeds the number of.unrelated.people who may qualify as a "family" within the zoning code. .It becomes a reasonable accommodation issue when the residence seeks to have the municipality modify, or waive its definition of family to allow it to locate within a residential zone. Before the reasonable accommodation issue can be sorted out, however, a threshold question of whether such ordinances are subject to review under the .FHAA must be addressed. When Congress enacted the FHAA, it provided a narrow exemption for "restrictions regarding the maximum number http://web2.westlaw.com/result/documenttext.aspx?blinkedcltelist=False&rs=WLW6.05&... .5/27/2006 LRIDI MA-CLE 104 Page 8 of 13 of occupants permitted to occupy a dwelling." 42 U.S.C. q 3607(b)(1). This issue played out in the city of Edmonds, Washington, where Oxford House,,Inc., attempted to locate in a single-family residential zone. Oxford House is a residence for people in recovery from substance abuse. To be financially and programmatically viable, it required between eight to twelve residents. The Edmonds local zoning ordinance limited the permissible uses with.in its single-family zone to "families," defined as either an unlimited number of related people or a maximum number of five unrelated people. After Edmonds issued criminal citations to the owner of Oxford House, the,, federal litigation commenced. Edmonds successfully argued to the district court that its local zoning ordinance, which limited the maximum of unrelated people who could live in their single-family zone to five, fit within the FHAA's statutory exemption. On appeal, the Ninth Circuit reversed, holding that to exempt Edmonds' ordinance would undermine the purposes of the FHAA. Edmonds v• Wash. State Bldg.-Code Council_18-F_3d 802� 806_(9th _Cir_ 1994). Because "many cities have adopted similar use restrictions (citations omitted), [a]pplying the exemption would.insulate these single-family residential zones from the sweep of FHAA requirements.'-' Edmonds v. Wash. State Bldg Code Council, 18_F_3d_8.02.,_806_�9th_Cir__1.994�. To resolve a split within the circuits, the Supreme Court granted certiorari. In a six to three decision written by Justice Ginsburg, the Supreme Court affirmed the decision of the Ninth.Circuit. City_of Edmonds v: Oxford House, Inc., 514 U.S. 725 (1995). Consistent with the statutory principle that exemptions to civil rights statutes should be interpreted narrowly, the Court recognized the historical distinction between family composition rules, typically found in land-use zoning restrictions such as the_Edmonds ordinance, and "[m]aximum occupancy restrictions, [which].cap the number of occupants who may occupy a dwelling, typically in relationship to available floor space or the number and type or rooms." City of Edmonds v. Oxford House, Inc., 514 U.S. at 734. The Court held that it was the latter category of occupancy restrictions that Congress intended to.exempt in the FHAA. City of Edmonds__v_Oxford House, Inc•,_514 735.. In contradistinction, those "rules designed to. preserve the family character of a neighborhood, fastening on the composition of households rather than on the total number of occupants living quarters can contain," City of Edmonds v. Oxford House, Inc., 514 U.S. at 736 such as the one found in Edmonds' zoning ordinance, are not within the statute's exemption. City of_Edmonds_v_,_Oxford use, Inc., 514 U.S. at 736. The City of Edmonds v.Oxford House, Inc. decision was an important one*for a number of reasons. City_ of Edmonds v. Oxford House_� Inc., 514_U_5. 72_5_(1995). It was the Supreme Court's first consideration of the FHAA after it was amended to include individuals with disabilities as a protected category. The result affected not just residences,for people in recovery from substance abuse, but residences for individuals.with all types of disabilities, including mental retardation, mental illness, AIDS, and Alzheimer's. Lastly, its timing was very important coming when there had been a significant backlash, against community living opportunities. A strong six to three decision, upholding the broad purpose and scope of the FHAA, delivered a critical message at an, important time. As significant as City of Edmonds v. Oxford House, Inc. was, it is worth noting the limited scope of the decision. City of Edmonds v, Oxford House, Inc.,514 U.S. 725 (1995). As Justice Ginsburg emphasized, "the sole question before the Court is whether Edmonds' family composition rule qualifies" within the exemption of 42_U,_S.C_ _36071 L", City__of Edmonds v: Oxford HouseTInc_, 514 U.S. at 731 (emphasis added). Having held that family composition rules were not exempt from review under.the FHAA, a municipality's enactment or enforcement of such an ordinance is subject to, review under the Act. Courts must review whether a family composition ordinance is discriminatory under a disparate treatment or a discriminatory effect analysis. Even more relevantly, being subject to review under the act; such an ordinance would be subject to the statute's "reasonable accommodation requirement. (d) Reasonable Accommodation Claims--Administrative Exhaustion Required§ One of the unresolved issues is.whether a community residence must afford an opportunity to a municipality to correctthe offending ordinance or policy in order to preserve a "failure to make a reasonable accommodation" claim under the FHAA, 42 U.S.C. 3604( ( B�. The case law has been , quite mixed as to whether the proposed residence must exhaust its administrative remedies, e.g., invoke a special permitting process to maintain a "failure to'reasonably accommodate')claim. The First Circuit has not directly addressed the issue. In Smithfield Concerned Citizens For Fair Zoning _v. Town_of_Smithfield,90.7_F_2d_2_39_(1st Cir_199Q a case that addressed a somewhat analogous issue, property owners challenged a new zoning ordinance as a violation of substantive due process. http://web2.westlaw.com/result/docurhenttext.aspx?blinkedcltelist=False&rs=WLW6.05&... 5/27/2006 LRIDI MA-CLE 104 Page 9 of 13 The First Circuit held that the landowners were not required to first seek a variancebefore making a facial substantive due process challenge. Smithfield Concerned Citizens, 907 F.2d at 241. The Eighth Circuit.has taken the strongest stand in favor of requiring a FH:Ak.complainant to exhaust all administrative proceedings under penalty of losing its claim on the merits and.any claim for attorney fees. In a different Oxford House case, the Eighth Circuit field that because Oxford House had not been willing to seek a variance from the city, its refusal .was "fatal to their reasonable accommodation claim." Oxford_House_C, 77 F,3d 249, 253(19961. "The Fair Housing Act does not 'insulate [the Oxford House residents] from Legitimate inquiries designed to enable local authorities to make informed decisions on zoning"' (citation omitted). Oxford_House_C,_77_F.3d_249 _253_j1996j. A second.suit, brought by Oxford House against University City, a city adjacent to St. Louis, was settled favorably to plaintiffs. When plaintiffs counsel sought attorney fees under a catalyst theory (pre- Buckhannon), the Eighth Circuit denied the award of attorney fees on the same basis--that the municipality had not been afforded an opportunity to reasonably modify their ordinance_ Oxford House-A v. City of Univ. City, 87 F.3d 1022 1024-25 (8th Cir. 1996 On the other end of the spectrum, other courts have rejected the municipality's argument that the housing provider must seek a-variance to the offending rule. N_orizon_House__v___Township of Upper Southamoton,_804_F._Supp._683,_700 [Z,D,_Pa__1992�. The court held that making the provider "obtain a variance ... is no accommodation at all[,][pointi.ng out that] ... a variance is a lengthy, costly and burdensome procedure." Horizon_House_v_,_Township of Upper Southampton, 804_F.:Supo, 683, 700 (E.D. Pa. 1992). Similarly, in Stewart B. McKinney Found. v. Town Plan and .Zoning Comm'n, 790 F. Supp. 1197, 1209 (D. Conn. 1992), the court rejected the municipality's argument that plaintiff's claim must fail because the injury - ;, p � y is self inflicted and -could be remedied if the plaintiff agreed to apply for a special exception. Defendant's argument, the court held, misconstrues the nature of plaintiffs claim. The court stated that being forced to.apply for a special exception in order to use its property is burdensome and discriminatory under the Fair Housing Act because it imposes special terms and conditions on the occupants of property that would.not be imposed.if the prospective tenants were not HIV-infected. Stewart B. McKinney_Found_v. Town Plan and Zoning Comm'n, 790 F. Supp. 1197, 1209 D. .Conn. 1992). - In addition, the court held that requiring the plaintiff to seek an exceptionhas a discriminatory impact on HIV-infected tenants because "it holds the future tenants up to public scrutiny in a way that ... seven unrelated non-HIV-infected persons would not be." Stewart B_McKinney_Found._v_Town Plan and Zoning Comm'n,_790 F_Supp. at 1219. An intermediate position was articulated by the Seventh Circuit in United States v. Village of Palatine._ .37_F_3d 1230_(7th Cir;_1.99Q. In that case, when Oxford House-Mallard had requested that the village make a reasonable accommodation, the village informed Oxford House that it would have to apply for a special-use approval. Oxford House responded that because the special-use process involved public notice and hearing, which "would subject them to 'a firestorm of vocal opposition within the neighborhood,' ... that in turn would stigmatize the residents and increase the chances of a relapse," United States v. Village of Palatine, 37 F.3d at 1233, it would not invoke the procedure. United States y_Village of Palatine 37 F.3d at_1232. The Seventh.Circuit, recognizing the importance of public input as an important aspect of municipal decision making, was unwilling to "impose a blanket requirement," United_States v_. Villa�e_of Palatine, 37_F.3d at 1234: based only upon "the generalized argument ... that public hearings are detrimental to the handicapped," United States v_Village of Palatine, 37 F_3dat_1234, and !"that cities waive their public notice-and hearing requirements in all cases involving the handicapped." United States-v. Villas e_of Pala_tine,37 F.3d at 1234. The Court pointed out, however, that under the fHAA, there are many impermissible zoning procedures, either as written or applied. United_States v. of Palatine,_ 37 .F.3d at 1234. For example, a procedure that was required only of individuals with disabilities, but not others, citing Marb.ru_nak, Inc. v_. City._of_Stow,__974 F._2d 43.461.6thCir._19921, or one that is neutrally written, but applied in a discriminatory way, citing Potomac Group_Home Corp,_v_.. Montqomery County, 823 F_Su-p- 1285 1297_(D_Md._ 19931, would violate the FHAA. United States v._Village of Palatine 37 F.3d at 1234. Lastly, the Seventh Circuit noted that even where the zoning procedures themselves are not-in violation of the act, a community residence.need not "resort to them if such resort is manifestly futile." United_Statesv._Village of Pala tine�37_F_3d_at:1234 (citations omitted). - In Grenada House v. City of Boston, 1997 Mass. Super. LEXIS 532, Boston argued that Grenada House could not pursue its lawsuit until it)had exhausted its administrative remedies by appealing to'. http://web2.westlaw.com/result/documenttext.aspx?bllnkedcitelist=False&rs=WLW6.05&... 5/27/2006 LRIDT MA-CLE 104 Page 10 of 13 the Zoning Board. The court rejected that argument, holding that, [e]xhaustion ... is.not required where, as here, it would prove futile, or where irreparable harm would result if judicial action were delayed by the implementation of the administrative process (citations omitted) Exhaustion is also unnecessary where the dispute involves a 'pure matter of law,' or when constitutional issues have been raised,,(citation omitted) ... [or] when 'the facts of a particular case raise important public questions whose resolution.concerns or will affect more persons than the parties to the case'. (citation omitted). Grenada House v.. City of Boston, 1997 Mass. Super. LEXIS 532 at 6. Practice Note In view of the mixed state of the law as to whether a fair housing complainant must pursue a special permitting process to maintain a failure to reasonably accommodate claim, it is difficult to make a generalized strategic recommendation. A refusal to invoke the municipal process may threaten your reasonable accommodation claim. To the extent that one can demonstrate that the procedural requirements themselves are discriminatory, or make a clear showing that pursuit would be futile or irreparable harm would result, the viability of the reasonable accommodation claim is increased. (e) Discriminatory Intent/Disparate Treatment A prima facie case under disparate treatment analysis does not require a showing that the municipality's decision rested "solely" on discrimination against people with disabilities, but instead one only must prove "that discriminatory purpose was a motivating-factor in.the decision." Village of Arlington Hei hg is v, Metropolitan House Dev, Corgi 429 U.S. 252, 2 77). In some instances, where the municipal decision makers bow to community prejudices against people with disabilities, courts may infer discriminatory .intent: [A] decision maker has a duty not to allow illegal prejudices of the majority to influence the decision making process ... If an official act is performed simply in order to appease the discriminatory viewpoints of private parties, that act itself becomes tainted with discriminatory intent even if the decision maker personally has no strong views on the matter. A.F.A.P_S_v.-Re gulations_& Permits Admin•,_740 F__5u-pp_95�104 D. P.R. 1990). (f) Disparate Impact To establish a prima facie case under disparate impact analysis, a community residence must prove that the municipality's.enforcement of its zoning code "actually or predictably" results either in discrimination or in a "disproportionate burden" on people with disabilities. Casa Marie, Ind. v. .superior Court_of_P_R_,-988_F_2d at_270_n_20_ While direct proof of discriminatory intent is not essential, the residence can "bolster the evidence of discriminatory effect 'by introducing direct . evidence ... that the defendant acted out'of discriminatory animus."' Casa Marie, Ind. v. Superior . Court of P.R.j 98_8_F_2d at 270 n.20. Once.a prima facie case is established, the burden shifts to the r. municipality,"to advance some legitimate and non-discriminatory reason for [its] actions." Casa' Marie, Inc: v._Superior Court of P.R., 988 F,2d at_270 n_20. n § 4.3.2 Title II of the Americans with Disabilities Act as Applied to Community Residences Section 12132 of the Americans with Disabilities Act (ADA) provides that [n]o qualified individual with a'disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 42_U.S.C._§_121_32.. Title II of the ADA also requires that "a public entity.make reasonable modifications in policies, practices or procedures.when ... necessary to avoid discrimination on the basis of disability, unless ... [doing so] would fundamentally alter the nature of the service, program or activity." 28 C.F.R. & 35 130( )URZ). Although a plain reading of the statutory language would suggest that the ADA is applicable to a municipality's zoning policies or practices, many of the initial cases that attempted to address allegedly discriminatory zoning policies or practices using the ADA were unsuccessful. As the court http://web2.westlaw,com/result/documenttext.aspx?blinkedeitelist=False&rs-WLW 6.05&... 5/27/2006 LRIDI MA-CLE 104 Page 11 of 13 pointed out in Innovative Health Sys, v. .City of White Plains, 931 F. Supp. 223, 231'(S.D. N.Y. 1996), most of the adverse decisions were-based on dicta:in a footnote in Burnham v. City of Rohnert Park 1992 WL 672965A.D. Cal.), a case that reached its conclusion without analysis or citation to authority. Innovative Health Sys. v. City of White Plains, 931 F. Supp. at 231. To the extent that those cases presented a substantive argument against the applicability of the ADA, the decision was based upon the conclusion that "zoning did not fall within the plain meaning of the terms 'service,' program,' or 'activity."' Innovative Health Sys. v. City of White Plains, 931 F. Supp. at''232. The court in Innovative Health Sys. v. City of White Plains, 931 F. Supp. at 232, found that there was "nothing in the text or legislative history of the ADA to suggest that zoning or any other governmental activity was excluded from its mandate." As a remedial statute that must be liberally construed to accomplish its purpose, Title II "makes all activities of State and local government (emphasis- added)," Innovative Health Sys. v. City of White Plains 931 F..Supp. at 232., subject to its nondiscrimination mandate. Innovative Health Sys. v. City of White Plains, 931 F. Supp.'.at 232. To prevail on a claim of discriminatory treatment, the plaintiff [is] not required to show the defendants were motivated by some purposeful, malicious desire to discriminate against [individuals. with disabilities], [n]or must they prove that defendants were motivated solely, primarily, or even predominately by the disability [of those people]. They need only show that [plaintiffs disability] was a motivating factor in prohibiting [the program from operating where it wished to be].(emphasis added). Innovative Health Sys. v. City of White Plains, 931 F. Supp. at 241. In Grenada House v: City of Boston, 1997 Mass. Super. LEXIS 532; the city had moved for summary . judgment on Grenada House's ADA claim, arguing that zoning was not a "'service, program, or activity of a public entity." Grenada House v. City of Boston, LEXIS 532 at 10. After reviewing the different positions of the courts on the issue, the court found the "analysis of the court in Innovation Health Sys. V. City of White Plains.persuasive." Grenada House.v. City of Boston, at.11. Practice Note Because sovereign immunity under the Eleventh Amendment.applies only.to states and not to cities and towns, the current series of constitutional challenges to Title II.of the ADA based on sovereign immunity does not reach.claims brought under the ADA against municipalities. See Bd. of Tr_s, of the Univ. of Ala. v. Garrett, 531 U.S. 356, 363_.(2001). § 4.4 CONCLUSION The need for community housing opportunities will continue to grow. This trend might, unfortunately,, result in continued conflict between individuals with disabilities and their neighbors. If that occurs, advocates for fair housing for individuals with disabilities in Massachusetts are fortunate in having a strong set of legal tools to protect their clients'. right to live in the community of their choice. One hopes that the need to employ those tools will steadily decrease, as more and more citizens and municipalities come to understand that their fears, and concerns are without any basis and decide instead to welcome their neighbors with disabilities into their community.. EXHIBIT 4A--Fair Housing Barriers Barrier Legal Tools , Municipality will,not exempt General Laws c. 40A, § 3, ¶ 2 exempts educational a nonprofit educational uses from municipal zoning use restrictions, Corp. that is using land except for "reasonable" bulk, dimensional, and'- or structures for an parking restrictions. , "educational use" from its local.zoning restrictions. Municipality's application Under G.L..c. 40A, § 3, ¶ 2, municipality may not of dimensional, bulk, or nullify educational use exemption, Bible Speaks parking restrictions v. Board of Appeals of Lenox, 8 Mass. App. Ct. effectively "nullifies" 19, 31 391 N.E.2d 279, 285 (1979) (quoting the educational use Sisters of the Holy Cross of Mass. v. http://web2.westlaw.com/result/documenttext.aspx?bllnkedcltelist=False&rs=WLW6.05&... 5/27/2006 LRIDI MA-CLE 104 Page 12 of 13 exemption. Brookline, 347 Mass. at 494, 198 N.E.2d at 631); Trs. of Tufts Coll. v. City of Medford, 415 Mass. 753, 757, 616 N.E.2d 433, 437-8 . (1993); and Campbell v. City Council of Lynn, 415 Mass. 772, 616 N.E.2d 445 (1993). City or town's land use Such discrimination is prohibited by Chapter 40A, policies or practices § 3, ¶ 4. discriminate against an individual with a disability. .Local officials are applying Included within G.L. c. 40A, § 3, ¶ 4's statutory different health and definition of "discrimination" is the safety, or land use imposition of health and safety laws or land requirements on community use requirements on congregate living residence.for individuals arrangements among nonrelated.persons with with disabilities than disabilities that are not imposed on similarly those applied to the situated groups. "Smith family" next door. Municipality's application General Laws c. 40A, § 3, ¶ 8 prohibits the , of zoning dimensional application of zoning dimensional requirements requirements, such as set.to prevent the building of a "handicapped back; and front, side and access ramp" on private property for yard limits, prevents facilitating ingress and egress. construction of a "handicapped access ramp" l on private property. Municipality's policies or Fair Housing Amendments Act'(FHAA) prohibits practices discriminate housing discrimination against.individuals with against individuals with.disabilities. Note: Discrimination under.the. disabilities. FHAA includes intentional discrimination as well as policies or practices that have a r disparate impact on. individuals with disabilities Title II of the ADA has also been' ' held to prohibit discriminatory zoning practices of public entities, Innovative Health Sys. v, City of White Plains, 931. F. Supp. 223, 231 (S.D. N.Y. 1996), Grenada House, Inc. v. City of Boston, 1997 .Mass. Super. LEXIS 532.at 9: y' Neutral zoning requirements, FHAA requires municipality to make "reasonable arguably "reasonable" accommodation" in its policies or practices under Chapter 40A, have a where necessary to afford individuals with discriminatory effect on disabilities an equal housing opportunity. the establishment or Failure to provide a reasonable accommodation operation of a community constitutes discrimination. residence. Title II.of the ADA also requires that public ' entities reasonably modify their policies and practices when necessary to afford an equal opportunity.to an individual with a disability. Failure to provide a reasonable accommodation t constitutes discrimination. Real estate broker, or any FHHA and Chapter 151B prohibit discrimination other individual who against individuals with disabilities in any sells, rents, or lends such transaction. money for public or private housing discriminates against an http://web2.westlaw.com/result/documenttext.aspx?bl*nkedcitelist—False&rs-WLW 6.05&... 5/27/2006 LRIDI MA-CLE 104 Page 13 of 13 individual with disability. Real estate broker, or any FHAA prohibits discrimination against an other individual who.individual or organization associated with an sells, rents, or lends individual or group of individuals with money for public or disabilities. private housing discriminates against an individual or organization associated with an individual with a disability: FNa. STANLEY J. EICHNER has been a civil rights attorney for over twenty-eight years. He is director of litigation and managing attorney at.the Disability Law Center (DLC), where he oversees the legal work of DLC's sixteen lawyers. He was lead counsel in the law center's agreement with. Fleet Bank, which provided that the bank would install over 1,400 "talking ATMs," improve its Web site, and ensure that its.written materials were accessible to customers•who are blind or have visual y impairments. Previously, he initiated and directed the Massachusetts Attorney General's Dis-ability Rights Project, which achieved far-reaching settlements with,MCI Communications (remedying pervasive problems in the state's telephone relay service), Starwood Hotels and Resorts, Stop & Shop Foodstores, and Wendy's Restaurants.(redressing architectural access violations at hotels, foodstores, and restaurants across Massachusetts). Eichner brought his first suit on behalf of students with disabilities over twenty-four years ago. He is a frequent pre-senter at MCLE programs. He has litigated cases in most areas of civil rights law, with 'a particular focus on protecting the rights of persons with disabilities, students, and workers. He has litigated civil rights cases at every level of state and federal courts,. including Hensley v. Eckerhart in the U.S. Supreme Court, and Commonwealth v. Adams in the Massachusetts Supreme Judicial Court. - END OF DOCUMENT ` © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. r , http://web2.westlaw.conVresult/documenttext.asox?blinkedeitellst=False&rs=WT.,Wh_05&_.. 5/27/2006 5 r_ae 1 �. n �� �� V' 1 1 1 1 , �.� i;u:6ru ^0i"I MAR 13 Fr.112: I40 * ATTORNEYS * 300 Barnstable Road �' '" +} 1'I Hyannis,MA 02601 (508) 775.3665 Fax(508)775-1244 1 (800)899.3003 http://www.wynnwynn.com February 28, 2006 Elizabeth K.Balaschak William E.Enright,Jr. Thomas M.Grimmer Richard A.Martone Kevin P.McRoy Robert u Mr. Thomas Perry, Building Inspector Charles D.Mulcahy John J.O'Day,Jr. Town Hall Kevin J.O'Malley Thomas E.Pontes Hyannis, MA 02601 Michael J.Princi Rebecca C.Richardson Janice F.Robbins RE: Housing Assistance Corporation . William Rosa* Louis V Sorgi,Jr. 77 Sixth Avenue, West Hyannisport, MA Dina M.Swanson Andrew A.Toldo Robert A.Walsh Dear Mr. Roma: John A.Walsh Paul F.Wynn Thomas J.Wynn Please be advised that I represent Housing Assistance Corporation. Our Of Counsel office has represented them for the past 15 years. Attorney Michael J. Princi, Hon.Robert L.Steadman(Ret.)Thomas A.Maddigan of our office, has represented Housing Assistance Corporation (hereinafter Hon.James F.McGillen,11(Ret.)referred to as HAC) for at least 25 years. As you may know, HAC is a non- Hon.James J.Nixon(Ret.) profit charitable corporation. Over the course of our representation, we have handled several matters AdassachusettsandRhodelsland involving HAC's proposed use of multi-family facilities for educational purposes.. HAC currently runs several such facilities located in Hyannis, Bourne and Falmouth, all of which are exempt from zoning. Attached is a copy of a Memo which Attorney Princi prepared several years ago when HAC began its Angel House Program on South Street, across from the Barnstable Town Hall. At the time HAC began Angel House, Ralph Crossen reviewed the matter with Town Attorney Robert Smith and they determined that based upon the educational exemption, the shelter arrangement for housing at Angel House was ancillary to the primary educational component and did not violate zoning. As you may know, Angel House is an educational program for women substance abusers with children. Its success rate is one of the best in Massachusetts. Affiliate Office: Raynham 90 New State Highway•Raynham,MA 02767 0 (508)823.4567 HAC is now proposing an educational program,for chronically homeless individuals to be located at 77 Sixth"Avenue, West Hyannisport, MA. . Essentially, the residence will be used for temporary transient shelter for the HAC participants in the program, ancillary to the primary educational component. I am also enclosing a copy of the program outline. The application of this program at 77 Sixth Avenue, West Hyannisport, MA will go a long way to provide chronically homeless individuals with the necessary education and temporary shelter to achieve the long term goal of permanent housing. In this particular program, the shelter component is ancillary to the primary component of education. Without the proposed education, HAC's clients would never achieve permanent, affordable housing. I would appreciate your'reviewing the attached material and request that you contact either myself or Attorney Princi if you have any questions. I am hopeful that after you have reviewed the material, you will agree that the lifeskills proposed use of 77 Sixth Avenue, is exempt from zoning. Very truly yours, WYNN & WYNN P.C. Rebecca C. Richardson RCR;jmf enclosures HAM77Sixth-letter MEMORANDUM' TO: Town of Barnstable Town Attorney FROM: Michael. ►7. Princi SUBJ: Angel House Proposed Relocation South Street, Hyannis, Massachusetts DATED: November 21, 1996 In response to the recent inquiry by Site Plan Review regarding the educational exemption under M.G.L.A. Chapter 40A, Section 3 , I have conducted research and have provided cases supporting our position. You have the benefit of my letter of April 18, 1991 which outlined M.G.L.A. Chapter 40A, Section 3 , w � 6 r inPprt inept part euv No zonill ordinance or bylaw shall regulate or restrict the I�int�rior. area of a single-family. y residential building nor shall any N, such ordinate or bylaw prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes ,on land owned or leased by the Commonwealth or any of its agencies, subdivision or bodies politic or by a religious sector or denomination or by a non_r)rgfi t educational ol=rati o� provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures in determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. In my prior letters, I have already highlighted the cases of Harbor,, Schoola, Inc v Board o peglg of Haverhill , 366 N.E. 2d 764 (1977) and Gardner-Athol Area Mental Health Asso iatpg Inc v. Zoning Board of A=Ra1B of Gardn r, 513 N.E. 2d 1272, 401 Mass. 12 (1987) . These cases state that the. term "educational,, will be given broad definition provided that the use is public in nature, not commercial in character, and not motivated by personal profit of any group, Some additional cases deal with the "educational purposes" definition. The case of Whitinsville Retirement, Society_ Inr+_, _v, Kgrtbbridgel, 394 Mass. 757 477 N.E. 2d 407 (1985) , confirmed that a nursing home facility was not operated for educational purposes, Fitchburg Housing Authority v Board of Zoning Appeals of Fitchb���, 380 Mass. 869, 406 N.E. 2d 1006 (1980) - found that .the term education is broad and comprehensive and that a community residence for former mental health patients to be trained for. independent living is an educational use- The similar 90 3Jdd 30NVNId DVH 99VZTLL809 TE:TT Z00Z/E0/b0 purposes of Angel House make this case particularly useful on the issue. In fact; the use of a residential dwelling to house, park, and feed persons who are there for educational reasons is considered exempt. Radcliff College V Cambridcre, 350 Mass. 61.3 215 N.E. 2d 892 (1966) . More recently, the court has determined that elderly housing developed on an educational institution' s campus with programmatic links to the college, was a structure for educational purposes and protected under Section 3 LaSalle Collecre jr, Newton, 1 L.C.R. 80 (1993) (Affirmed 36 Mass. App. Ct. , 1122, 635 N.E. 2d 277 (1994) . r The term education has been defined as . "the process of developing and training the powers and capabilities of human beings" and preparing persona "for activity and usefulness in life" . Mount Herman Boys' School V inhabitants of sill , 145 Mass. 139, 146, 13 N.E. 2d, 354 (1887) . The court' s have gone so far as to determine that a radio station can be used for educational use.. WO rat- -r County Christi an--commiani cations. Inc v. Board of Anp a1a of snang-e_r, 33 Mass. App. Ct. 83, 491 N.E. 2d, 634 (1986) , dormitory use is part of the overall educational use (Commi . si on r of Code Insection of Worc est er V Worcester lzmamny.- Inc. , 11 Mass. App. Cit. , 97, 413 N.E. 2d, 1151 (1980) ) ; a residential facility for the education of emotionally disturbed children is an educational use (Harbor Schools Inc V Board o ,appeals of Haverhill ) ; residential care facility for adults with mental disabilities was an educational purpose (GardnCK-Athol Area Mental Health Asso iatws Tnr ) We do not have the responsibility of showing that the educational purpose is public. The line of cases suggests strongly that the term "educational" should be construed liberally. The Angel House Facility for sheltered families in recovery from alcohol and drug abuse, where rehabilitation and education are the primary focus of the program, is an educational facility under Section 3'. It is appropriate within Section 3 to have the families in recovery live in a dwelling. Recovery is the primary goal of the Program and the routine in the house is highly structured. The obvious and controlling .theme is education. This description of the Angel House is apt for the exemption under Section 3 . L0 3Jdd 3DNdNId DGH 99VZTLL809 T£:TT Z00Z/£0/b0 03/15/2006 10:10 5087757434 HOUSING ASST.CORP. PAGE 02 - ASSISTANCE The 77 Sixth Ave Project (yet to be named) is an educational program focusing on the provision of life-, and educational/vocational skills development in a residential setting. The program participants will be chronically homeless adults. The primary educational approach that will be utilized is known as "Role Recovery" an approach originating In the field of psychiatric rehabilitation that emphasizes strength, the development of potential, and in which the notion of pathology — and the ensuing need for treatment — is de-emphasized. "Role Recovery" is achieving or recovering valued societal roles such as tenant, student, employee, friend, or partner. The secondary educational approach that will be utilized is the Life Competency 4 Model. This model educates participant to develop skills in the following areas: community living, task completion, education/vocation and personal care. The three general goals of the residence at 77 Sixth Ave are to increase housing stability, increasing skills and income and increasing resident self--suf iclency/self- determination. To accomplish that the following educational activities are offered and provided: Life skills Tenancy skills Housing search skills House keeping skills Shopping training Job readiness skills Computer skills Budgeting skills Community living skills Social skills Medication administering skills Substance abuse recovery skills Behavioral health recovery skills 03/15/2006 10:10 5087757434 HOUSING ASST.CORP. PAGE 03 The education provided will occur in the on-site classroom as well as in the community. A study hall has been included in the building to encourage and provide a place for participants to study to reinforce learning that they receive. The classroom will include a computer. Educational partners to teach participants computer literacy as well as other academic skills include Cape Cod Community College via their Hyannis campus staff, as well as Community Support Associates and Mass Rehab. Weekly workshops and individual tutoring will be provided. Individualized tutoring will be provided to reinforce skills taught in group workshops. Staff from HAC will assist residents to achieve housing stability and economic literacy. In addition, the participants of the program will each have an assigned case manager from the Duffy Health Center. The Duffy case manager will teach, or ensure the provision of teaching, activities of daily living skills including house keeping skills, substance abuse recovery skills and behavioral health recovery. HAC is the owner of the residence that includes six single rooms, a staff office, 3 full baths, 1 kitchen, 1 class room, 1 study hall and i living room. 03/15/2006 10:10 5087757434 HOUSING ASST.CORP. PAGE 04 -n six Aw }grow luA st v:wow, b0b400M Rooµ RAM GLGSET K IFA r STJ�rT �r ICE C 1►�155 BOOM MkM A ot* ftlA Sdr6aA40 03/15/2006 10:10 5087757434 HOUSING ASST.CORP. PAGE 05 -n sum tic "pa" VU awo Q�� STuOy 14grw 1�-1V 1 NG•�till O%T KITC�tEIu o..j B�bRo�M �1�o�ET c j Cl�os�r PM McKean, Thomas , 8 From: Perry, Tom Sent: Monday, March 20, 2006 7:48 AM To: McKean, Thomas Subject: 77 Sixth Ave.West Hyannis port Tom can this property have 6 bedrooms? i 1 TOWN OF BARNSTA.BLE 13914 r e Permit No. ---—-- Building Inspector - ma Cash _------ OCCUPANCY . PERMIT Bond No building nor structure shall be erected, and no land, building or structure shall be F used fora new, different; changed, or enlarged use without a Building. Permit therefor first having-been obtained from.the Building Inspector. No building shall be occupied until a i certificate'of occupancy`has been issued by the Building Inspector." Issued to GPeor-gH Is4Lazarian Address West Hyannisport aixtl Ayeaue West HYannisport Wiring Inspector Inspection date Plumbing Inspector A4 Inspection date Gas Inspector ;"`r�; g,4 Inspection date Engineering Department , t,~ 1�i Inspection date THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY. THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS. . .:` Building Inspector r` dezkL � •Y V - c i 1 1 F DETERb�G E iERGY RBQ�S ORMATION, . . . . . . � . . . � I 1. I . . I I - . I . ,.�::: -: :�. ... - I'll '. . . .. .. . ..11 I .. I.I .� . ...I.... 1. � I . I I I. I . �. � h � � I . 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