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HomeMy WebLinkAbout0060 STEVENS STREET - .:� -� . f - _ _ - - - oFj"Ew fwn of Barnstable *Permit 0D6SG'31( , Expires nonths from issue date ' egulatory Services Fe snxxsTeste, MAY 2 1 ZOOS Thomas F.Geiler,Director 039. ��� Building Division V ArEo N OF BARNST& E erry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-190-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number © ` em Property Address 0 01/ ) Residential Value of Work J Pv Minimu m fee f$25.00 for work under$6000.00 TT�� Owner's Name&Address Contractor's Name W Telephone Number 's" � " Home Improvement Contractor License#(if applicable) ❑Workman's Compensation Insurance Check one: ❑ [rII a m a sole proprietor m the Homeowner ❑ I have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy# Copy of Insurance Compliance Certificate must-be on file. Permit Request c k box) Re-roof(stripping old shingles) All construction debris will be taken to rl? ❑Re-roof(not stripping. Going over existing layers of roof) Re-side El .Replacement Windows/doors/sliders.U-Value (maximum *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 is required:. SIGNATURE: v �� Q:\WPFILES\FORMS\building permit forms\EXPRFSS.doc n---___Ann 1 no Z c} The Commonwealth of Massachusetts. Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers A licant Information Please Print Le 'bl Name(BusinesslOrganizatiowindividual): G Address- city/state/zip:. S .1 C' I� 5 Phone.#: ) ® t/ �/ 3 �6 Are you an employer? Check the appropriate box: Type of project(required): 1.El am a employer with 4. I am a general contractor and,I 6. ❑New construction employees(full and/or part time).* have hired the stab-contractors ❑ listed on the attached sheet 7. El Remodeling 2. I am a-sole proprietor or partner- These sub-contractors have g, Demolition ship and have no employees working for me in any capacity. employees and have workers' y Building addition [No era' comp.insurance comp.insurance.t e uirtAl 5. We are a corporation and its 10.❑Electrical repairs or additions K E I am a homeowner doing all work officers have exercised their 11.[]Plumbing repairs or additions myselL[No workers' comp. right of exemption per MGL 12.[]Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13.❑Other comp.insurance required.] 'Any applicant that checim box#1 must also fill out the section below showing their wmi=s'compensation policy information. t Homeowners who submit this affidavit indicating Icy are doing an work and then hire outside contractors must submit a new affidavit indicating such. 1Contractors that cbeekdjs box must attached an additional sheet showing the name of the subcontractors and state wbcther or not those entities have. ernployees. If the subcontractors have employees,they must.providb their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self--ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to socurr,coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine tip 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$256.00 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 insuzme coverage verification. I do hereby certify un p Ap alties of perjury that the information provided Oove'" tr d correct. City or TOWa; Signature: 0 +' Date: I v ao 36 V TI-H Phone#: Official use only..Do not write in this area,to be completed by city or town official. Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: •Phone#: r Information and Insttuctions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees: Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any, applicant who has not produced-acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states`Neither the commonwealth nor any of its political subdivisions shall enter into any contract for.the performance of public work until acceptable evidence of 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,ii; 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 Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Towp Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant- Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicadt should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone-and fax number. The Commonwealth of Massachusetts Department of Industrial Accidents. Office of luvestigatians 600 Washington Street Boston, MA 02111 TO. #617-727-4900 ext 4-06 or 1-$77-MASSAFE Fax# 617-727-7749 Revised 11-22-06 www.mass.gov/dia ' t Town of Barnstable optrte ram, " Regulatory Services saRtvszwBt E. Thomas F.Geiler,Director 9 MASS. 16yg. Building Division �OTfp�.IA Tom Perry,Building Commissioner . 200 Main Street, Hyannis,MA 02601 . wmv.town.b arnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: v��� Y 1115 number, street village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: I v 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" ertifies that he/she understands the Town of Barnstable Building Department minimum inspe do pr c ores nd re uire nts and at he/she will comply with said procedures and requirements. G� L Signature of Homeo er 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.I-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 aie 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 fonn/certification for use in your community. r Op1HEr Town of Barnstable Regulatory Services 9 HAss Thomas F. Geiler,Director $prF0 9. 1% 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 Property Owner Must Complete and Sign This Section If Using A Builder 1 , as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application for: (Address of Job) Signature of Owner Date Print Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) I A , m / � IL DATA -ssing Search Results Resultsi Pagel of 2 ��.' 1.1?JCgPE COD TIME , L Apaftents 120 H,YAN IS Studiolir m 1aw aptalk to beaph,�INairt st 0 50'8"7f5""842 9 �l.?. HYARNIS/CENTERVILLE a.._. s ...a_., .�.£•. Spacious 1 1 2 bed.no tlo ts:Assessors Division.Property Assessment Search Results • .apartments $9050hnonth p y $900/month plus utilitie No pets.1st,last&secun required.Basic cable inclu � ed.in Hyannis. Call Mon-Fri;508-775-931 60 S 1TEVE l�NS S 1TREET HYA kiN. t. Owner: GORDON,H JON TR Property Sketch Legend ; Map/Parcel/Parcel Extension 309 /164/ Mailing Address GORDON, H JON TR THE 60 STEVENS ST REALTY TRUST 1100 ROUTE 134 S DENNIS, MA.02660 2004 Assessed Values: Appraised Value Assessed Value Building Value: $125,400 $ 125,400 Extra Features: $2,400 $2,400 Outbuildings: $2,400 $2,400 Land Value: • $96,500 $96,500 Interactive Property Map: Map requires Plug in: R �r Totals:$226,700 $226,700 1 have visited the maps before Show Me The Map April 2001 photos available Sales History: Owner: Sale Date Book/Page: Sale Price: GORDON,H JON TR 9/27/1999 . 12564/231 $90,100 GORDON,H JON 9/16/2002 15598/173 $0 GORDON,H JON TR 9/17/2002 15602/133 $0 BRADY,CHARLES A 6/15/1996 10256/310 $85,000 KLIMM, ROBERT D 3/15/1989 6670/237 $ 1 KLIMM,JOANNA G 3244/76 $0 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $ 1,498.49 Town Fire District Rates Other Rates 6.61 Barnstable 2.01 Land Bank 3%of Town Tax Hyannis FD Tax $460.20 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $44.95 Hyannis 2.03 _.�._.ii_____.a _e.., t.,... �.,1.1a „�/4n1,(17/11cSf�te/A r�minictrativPCArV1r P.C/F1tlAt1[P.�ACReSC1flQI... 9/9/2004 i Sk 15420 Pw59 *66060 07--31--2002 ai 082380 MUN CLERK Town of Barnstable WNSUL' , MMS. Zoning Board of Appeals 207 JUN 25 PAS 3: 10 Comprehensive Permit-Decision and Notice Remand-Appeal 2000-98 H.Jon Gordon, Trustee of 52 Stevens Street Trust Summary Granted with conditions Applicant: H.Jon Gordon,Trustee of 52 Stevens Street Trust Property Address: 52&60 Stevens Street,Hyannis, Assessor's Map/Parcel: Map 309 Parcels 165& 164 Zoning: Residential B&Groundwater Protection Overlay Districts Activity Permitted: Creation of 9 units of rental housing and I owner/manager unit. Of the 10 total units,six(6)of the rental units are to be affordable units. The development is to be located on two parcels of land totaling 1.13 acres. The parcels are to be united as one. Three existing structures are to be incorporated into the proposed development. C r Applicant: Y The applicant is H.Jon Gordon,Trustee of 52 Stevens Street Trust. The-identified mailing address of the trust is 60 Stevens Street,Hyannis,MA 02601. The Declaration of Trust was recorded at the Barnstable Registry of Deeds on February 15, 1995,in Book 09558,page 0183. �+ Background: o, On September 25, 2000,the applicant applied for a Comprehensive Permit pursuit to M.G.L. Chapter 40B, Sections 20 to 23 for an affordable housing development of 15 units of rental housing with an additional 16th unit as an owner occupied unit. Eight(8)of the units were to be affordable rentals. The development is located on two parcels of land in Hyannis totaling 1.13 acres and financed by the Massachusetts Housing Partnership Fund (MHP)under the Permanent Plus 1' Program. + In that application, the applicant proposed to build three two-story multi-family buildings to the rear of three existing structures located on the property to accommodate 12 multi-family townhouse units. The 2 existing freestanding single-family dwellings and the existing accessory garage structure with an apartment unit above were included in the overall development. On February 07, 2001,the board issued a Comprehensive Permit authorizing an 11 unit residential development, consisting of 10 rental units and 1 owner's/manager's unit. Of the 10 units,6 were to be affordable rental units. On March 14,2001, the board granted a minor modification of the decision reallocating the number of affordable units among the income categories. The original decision was appealed to Barnstable Superior Court by the abutters and the applicant subsequently appealed it to the Housing Appeals Committee. In March of 2002,a compromise was reached between the applicant, abutting neighbors and the Town. On May 22, 2002, a Stipulation of Remand was agreed upon by the various parties in order for.the compromise to be submitted and reviewed by the Zoning Board of Appeals for the issuance of a modification/new comprehensive permit. The 12 point compromised agreement is described in a May 29,2002,letter from Attorney Peter L Freeman to Town Attorney Ruth Well and the abutter's Attorney,Michael D.Ford, a copy of which is in the file. The applicant also sought 4 additional modifications beyond the compromised agreement. Gk 15420 P960 *66060 Town of Barnstable-Zoning Board of Appeals Appeal 2000-98-Comprehensive Permit-MGL,Chapter 40B H.Jon Gordon,Trustee of 52 Stevens Street Trust On June 12,2002,the board opened the remand hearing and issued this new Comprehensive Permit incorporating the compromises reached. This Comprehensive Permit supercedes the original permit and the modification previously issued. Locus: The project is located on two developed parcels totaling 49,137 sq.ft. or 1.13 acres. Parcel 164, addressed 60 Stevens Street,is a 0.24 acre lot,developed with a 2 story single family dwelling and an accessory detached garage. Parcel 165,addressed 52 Stevens Street, is a 0.88 acre lot, developed with a one-story single-family dwelling and a one and a half story garage with an apartment above. The locus is zoned Residential B and is within a Groundwater Protection Overlay District. The site will be accessed from Stevens Street. The site is located two blocks north of Main Street,Hyannis. Document and Information Submitted: The following information has been submitted to the file: 1. Application for Comprehensive Permit,Town of Barnstable,Town Clerk's Office,date stamped September 25, 2000, including locus map, a Memorandum and Request for Waivers and the following attachments: • Select section of CMR 760-Department of Housing and Community Development Chapter 40B Regulations-Definitions and Housing Appeals Committee Criteria for Decisions Under MGL Chapter 40B. • Copy of Cover Page (e-mail site) "About Massachusetts Housing Partnership Fund". • Department of Housing&Community Development-Listing of Chapter 40B Eligibility Housing Programs (July 1, 1997). • Copy of a September 22,2000, letter from Massachusetts Housing Partnership Fund to H.Jon Gordon,expressing interest in providing financing of the project and noting that the letter qualifies the project for consideration for a Comprehensive Permit under MGL Chapter 40B. • Copy of two deeds transferring land from a William F. Sullivan,Jr.,Executor of the Estate of Harriett D.Butler to H.Jon Gordon and Douglas K.Sheff. The deeds apparently create the 52 Stevens Street lot. • A copy of a Declaration of Trust Establishing the 52 Stevens Street Trust,dated February 15, 1995. Along with the Resignation of a Douglas K.Sheff, Trustee. • Copy of a Massachusetts Foreclosure Deed By Corporation, granting to H.Jon Gordon, Trustee,the 60 Stevens Street property,and a copy of the Declaration of Trust Establishing 60 Stevens Street Realty Trust, on September 24, 1999. • Copy of a Purchase and Sales Agreement dated September 20, 2000,proposing to transfer the 60 Stevens Street property to the H.Jon Gordon,Trustee of 52 Steven Street Trust, for$1.00. That purchase and sales agreement was to be executed by October 30, 2000. The P&S is essentially between two trusts, both of which are owned sole to H.Jon Gordon. • Development cost estimates,proforma, and projected 20-year revenues. 2 Bic 15420 P061 666060 Town of Barnstable-Zoning Board of Appeals Appeal 2000-98-Comprehensive Permit-MGL,Chapter 40B H.Jon Gordon,Trustee of 52 Stevens Street Trust • Copy of plans entitled,"Site Plan of Land for"Lewis Landing and Affordable Housing Complex located at Stevens Street,Hyannis Ma. ",scaled 1"=20'and dated February 15, 2000. • Copy of a set of drawings containing 8 sheets entitled; "Lewis Landing Affordable Housing 52-60 Stevens Street Hyannis MA,drawn by Barry Koretz Associates Architects Inc." 2. Copy of Plan entitled" Steven's Street Garages -Garage Plan&Elevation", dated 8-24-97. 3. "Agreement to Extend Time Limits for Holding a Public Hearing on the Comprehensive Permit",clerk date stamp September 28,2000. 4. Copy of Zoning Board of Appeals letter, dated October 02, 2000,to various agencies requesting review and comments on the project. 5. An October 27,200.0,letter to Ron S.Jansson, Chairman Zoning Board of Appeals from the Barnstable Housing Committee reviewing the project and giving a"qualified" approval to the project. Three issues were identified as troubling. First was the need to assure affordability in perpetuity and preservation of those rights. Second,a concern for development features-costly electric heat,lack of laundry hook-ups or facilities, management, business use disallowed, lack of parking, and others. The third concern was for the proforma information. 6. An October 31, 2000,letter to Ron S.Janson, Chairman,Zoning Board of Appeals,from Thomas K. Lynch,Executive Director,Barnstable Housing Authority,citing the Board of Commissioners'review of the project and supporting the need for affordable rental units, especially given that no new rental units have been added in several years. The letter suggests conditioning the proposal in perpetuity to affordable housing, assuring on-site management, and the need for screening of the multi-family buildings. 7. An October 31,2000,letter to Ron S.Jansson, Chairman, Zoning Board of Appeals,from the Cape Cod Commission,providing its review and concerns of the project. Specific concerns were expressed on the period of affordability, water treatment capacity,transportation,driveway access,project density,and the need to retain existing vegetation for buffering. 8. An October 31, 2000, letter from the Town of Barnstable Office of Town Clerk, Linda E. Hutchenrider verifying that 177 signatures on a petition signed in opposition to the proposed Lewis Landing development. 9. A copy of a November 01,2000,letter from Glen A. Anderson,Principal,Hyannis East Elementary School,noting that the existing problem of overcrowding in Hyannis East and Hyannis West Elementary Schools. The letter poses 5 question concerning the space,teacher and funding needs of expanded student population. 10. Copy of a November 01,2000,letter to Ron Jansson, Chairman, Zoning Board of Appeals from Harold S. Brunelle,Fire Chief,Hyannis Fire Department stating concern for the fire equipment access to the multi-unit buildings and that gravel access would not meet the minimum requirements of 527 CMR 25. It also cites that fire equipment would not be committed to the interior of the project due to the close proximity of the buildings and tight corridors to maneuver. The letter concludes, "we cannot in good conscience support either of these two projects (reference to both Settlers Landing and Lewis Landing) that are appearing before you." The letter is date stamped November 30, 2000,as received at the Boards Office. 3 Town of Barnstable-Zoning Board of Appeals Sk 15420 1F'962 066060 Appeal 2000-98-Comprehensive Permit-MGL,Chapter 40B H.Jon Gordon,Trustee of 52 Stevens Street Trust 11. A December 20,2000, letter from the Barnstable Housing Committee to the Zoning Board of Appeals reiterating that all affordable units must be committed in perpetuity for the committee to support the project. 12. Copy of the December 13,2000, hearing minutes. 13. A January 10,2001, letter from Massachusetts Housing Partnership,Wendy Cohen Loan Officer to H.Jon Gordon certifying that the developer will be the 52 Stevens Street Trust and that the MHP Funds must approve both the proposed loan and the organizational documents.Received by the Board on January 17,2001. Attachments include a December 7,2000,and a September 26, 2000, letters from the Massachusetts Housing Partnership and copies of additional financial proforma information. 14. Copy of a January 25,2001, letter from Attorney Patrick M.Butler to Gloria Urenas,Building Commissioner's Office discussing Puritan Pontiac and its permitted activities. The letter contains several attachments dating to the establishment of the dealership in the neighborhood. 15. Copy of the lease agreement between Fifty Two Stevens Street Trust and John Viliet for the first floor area of the garage,submitted as proof that no residential unit exists in the garage. 16. Copy of e-mail submitted to the file from Gloria Urenes documenting that no apartment use is being made of the first floor of the garage structure at 52 Stevens Street. 17. Copy of an October 25,2000,letter and attachment from Betsey Sethares to Judith Barnett, Housing Committee. 18. A copy of a signed amendment to the 52 Stevens Street Trust citing that is qualified for a Comprehensive Permit. The Trust would be a limited dividend organization as per CMR Chapter 760 Section 30.02(f)and 37.02(8) to promote low or moderate income housing. The amendment is dated December 13, 2000,but was not recorded as to date received by the Board. 19. A series of photographs submitted to the Board at the public hearing of January 17,2001, showing existing parking conditions on the subject lots. Photos also showed parking and delivery areas along Stevens Street attributed to an automobile dealership located across the street from the subject property. 20. A January 17,2001,letter from Demetrius J. Atsalis,State Representative 2nd Barnstable District, expressing opposition to the project,due to the lack of perpetuity of the affordable commitment, on-site management,density and site amenities (play area). 21. Zoning Board of Appeals Comprehensive Permit Decision and Notice, date stamped and signed by the Chairman on February 20, 2001. 22. Copy of a March 01,2001,letter form Peter L.Freeman to ZBA Chairman Ron Jansson requesting a modification of Condition Number 2 of the comprehensive permit. 23. Copy of an Error in Script notice,date stamped March 14,2001. 24. Copy of a notice from the Housing Appeals Committee to the Zoning Board of Appeals of the applicant's appeal of the comprehensive decision, including copy of the complaint and attachments,date stamped received March 21, 2002. 25. Zoning Board of Appeals Decision and Notice of Modification of Comprehensive Permit 2000- 98,date stamped March 28,2001. 4 Bk 15420 P063 J4404 ] Town of Barnstable-Zoning Board of Appeals Appeal 2000-98-Comprehensive Permit-IdGL,Chapter 40B H.Jon Gordon,Trustee of 52 Stevens Street Trust 26. Copy of a March 09, 2001,appeal of the Comprehensive Permit filed in Superior Court in accordance with MGL Chapter 40A, Section 17-The Abutter's Appeal-inclusive of attachments and Affidavit of Notice Service. 27. Copy of a January 25,2002, Clerk's Notice related to the issue of standing. 28. Copy of the Stipulation of Remand and cover letter dated May 22, 2002. 29. Copy of a May 29,2002,letter from Attorney Peter L Freeman to Town Attorney Ruth Weil and the abutter's Attorney,Michael D.Ford summarizing the 12 point compromise agreement, inclusive of copies of proposed building elevations and plans and a proposed site plan for the development with a March 21,2002,date scribed on the lower left side of the drawing. 30. Copy of Public Notice of Remand, date stamped May 22, 2002. 31. A June 12,2002,Planning Division Staff Report to the ZBA summarizing events and including a copy of draft findings and conditions based upon the prior permit and the 12 point compromise agreement. Procedural Summary: This appeal was originally filed at the Town Clerks Office and at the Office of the Zoning Board of Appeals on September 25,2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened November 01,2000,continued to December 13, 2000,January 17,2001,and to February 07, 2001,at which time the board found to grant the issuance of a Comprehensive Permit for 10 rental units of housing and 1 owner unit. On March 14, 2001,the board granted a minor modification of the decision. Also on that date an error in script was issued. That decision was appealed to Barnstable Superior Court by the abutters and the applicant subsequently appealed to the Housing Appeals Committee. On May 22, 2002, a Stipulation of Remand was issued. After proper advertisement and notice of the remand to all abutters in accordance with MGL Chapter 40A a public hearing on the remand was held on June 12,2002. At that hearing,the board issued a revised Comprehensive Permit superceding the previously permit issued and its modification. Board members hearing and deciding the remand were; Gail Nightingale,Richard L. Boy, Thomas A.DeRiemer, Ralph Copeland and Ron S.Jansson. Attorney Peter Freeman represented the applicant,H.Jon Gordon,who was also present. Representing the neighboring abutters was Attorney Michael Ford. Several of the neighbors were also present. During the hearing and remand of this Comprehensive Permit,testimony and information was given by the applicant,abutters and town agencies. For greater detail minutes are filed at the Town Clerks Office and at Planning Division, Office of the Zoning of Appeals. Findings of Fact as to Standing: At the February 07,2001,hearing,the Board unanimously made the following findings of fact as related to the.applicant's standing,which was reaffirmed at the June 12,2002, hearing. A December 13, 2000,amendment to the trust has been drafted and signed that would make the trust a limited dividend organization. That amendment also cites the nature of the trust to be one that provides low and moderate income housing and that the profits of the trust would be restricted to not more than 20%. Although there was no evidence of recording of this 5 . Bk 15420 P064 066060 Town of Barnstable-Zoning Board of Appeals Appeal 2000-98-Comprehensive Permit-MGL,Chapter 40B H.Jon Gordon,Trustee of 52 Stevens Street Trust amendment,the applicant's attorney assured the Board that it wouldQbe recorded forthwith,at the Barnstable County Registry of Deeds. The Mass Housing Partnership,letter of January 10, 2001,also noted that that agency would approve the organization documents of the trust. • A letter dated September 22,2000,from the Massachusetts Housing Partnership Fund to H.Jon Gordon, expressing interest in providing financing of the project and noting that the letter qualifies the applicant's project to apply for a Comprehensive Permit under MGL Chapter 40B. An additional letter dated January 10,2001,further certifying that the developer of the project would be the 52 Steven Street Trust and that Massachusetts Housing Partnership would approve final loan and organizational documents. • Recorded deeds have been submitted that identified both parcels as being under the control of H. Jon Gordon. Based upon the findings of the Board as to standing, a motion was duly made and seconded to find that the applicant has.standing to apply for a Comprehensive Permit under MGL Ch.40B. The vote was unanimous. Findings of Fact on the Comprehensive Permit: At the June 12,2002,hearing on the remand of the Comprehensive Permit,the board unanimously made the following findings of fact. 1. The project is located on two developed parcels totaling 49,137 sq.ft. or 1.13 acres. Parcel 164, addressed 60 Stevens Street,is a 0.24 acre lot,developed with a 2 story single-family dwelling. Parcel 165, addressed 52 Stevens Street,is a 0.88-acre lot,developed with a one-story single-family dwelling and a one and a half story garage. 2. The applicant originally requested a Comprehensive Permit,pursuant to MGL Chapter 40 B,for ' the development of 15 units of rental housing with an additional 16th unit as an owner occupied unit. Eight (8) of the rental units were to be affordable units. The project is to be financed by a loan from the Massachusetts Housing Partnership Fund(MHP)under the Permanent Plus Program. On February 07,2001,the Board issued Comprehensive Permit 2000-98 authorizing an 11 unit residential development, 1 owner's unit and 10 rental units,6 of which were to be affordable rental units. That permit was appealed to the Housing Appeals Committee and to Barnstable Superior Court. Over the course of time,the applicant,neighbors and town negotiated a settlement that would provide for 10 units, 1 owner's unit and 9 rental units, 6 of which were to be affordable rental units. 3. The negotiated settlement proposes to build two,two-story multi-family buildings to the rear of the existing structures located on the property to accommodate 7 multi-family townhouse units. In addition,2 existing freestanding single-family dwellings and an existing accessory structure with a unit above are to be included in the project. The owner's unit(60 Stevens Street)shall not exceed four-bedrooms. Of the other 9 units,4 are to be two-bedroom units and 5 are to be three- bedroom units. The breakdown shall be as follows: • For the 7 new units to be built,4 shall be three-bedrooms and 3 shall be two-bedrooms. • With reference to 52 Stevens Street,the dwelling is limited to not more than three-bedrooms and the second floor of the garage shall contain not more than two-bedroom unit. 4. The negotiated settlement proposal is that 60%of the proposed units will be affordable,which is more than required by the Massachusetts Housing Partnership Fund(MHP) Permanent Plus 6 Town of Barnstable-Zoning Board of Appeals ' Appeal 2000-98-Comprehensive Permit-MGL,Chapter 40B H.Jon Gordon,Trustee of 52 Stevens Street Trust Program. The affordable units are to be marketed to households with an income that does not exceed 80%of the annual median income of the Barnstable-Yarmouth Metropolitan Statistical Area. According to the application those rents would range from$358 to$979 per month. 5. The median family income for the Barnstable-Yarmouth SMA was$47,700 as of March 2000. b. The Town has initiated an aggressive affordable housing program including identification of possible town sponsored projects and a recent enactment of an illegal apartment amnesty program for conversion of those existing units to affordable housing. 7. The site is surrounded by single-family residences. The area across the street is zoned business and includes an automobile dealership. 8. The site is serviced by public water and is connected to town sewer. The Board of Health expressed its concern for the intensification of the site,but gave their approval if it were served by public water and town sewer. 9. The Local Comprehensive Plan and the Cape Cod Commission's Regional Policy Plan supports affordable housing in perpetuity.The Town of Barnstable has an estimated 807 affordable housing units as of 1997. That represents only 4.35%affordable housing stock within the Town. The Local Comprehensive Plan promotes the"provision of fair, decent and safe affordable housing,for rental or purchase, which meets the present and future needs of the low to-moderate income residents." This project,catering to the 80%and below median income families, meets the criteria for low to moderate-income housing. 10. The Board has received several reviews by town agencies,numerous letters and heard testimony from the applicant,abutters and concerned citizens. Some of the serious concerns expressed related to the density of the project as well as its inaccessibility by emergency vehicles. The information gathered raised concerns for the safety of the proposed project given its density and layout. Other agencies also commented on the density and intensification of the project, questioned its merits and potential impacts on the neighborhood. In response to these concerns, the applicant,in cooperation with abutting neighbors and the town,has agreed to reduce the number of units to 10, as well as other pertinent modifications. 11. The Barnstable Housing Authority,which has over 1,400 active applications looking for housing,also desires the applicant to rent the market rate rental units to year-round residents. The applicant stated that he is willing to give a preference to Barnstable residents in need of housing. 12. In light of the threatened loss of affordable housing units'within the Town of Barnstable and throughout Barnstable County due to "expiring uses",and in view of the Town's current deficit in affordable housing units, it is consistent with local needs for the Town of Barnstable to ensure the long-term affordability of units for persons of low and moderate income. 13. The project is deemed to'be consistent with local needs and to adequately promote the objectives of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants of the proposed project and the residents of the Town of Barnstable provided that the conditions of this comprehensive permit are strictly followed. The Vote was as follows Aye:�'' Gail Nightingale,Richard L.'Boy,Thomas A.DeRiemer,Ralph Copeland and Ron S. Janson 4.. 7 Sk 15420 P066 �66060 Town of Barnstable-Zoning Board of Appeals - Appeal 2000-98-Comprehensive Permit-MGL,Chapter 40b H.Jon Gordon,Trustee of 52 Stevens Street Trust Aye: Gail Nightingale,Richard L.Boy,Thomas A. DeRiemer, Ralph Copeland and Ron S. Janson Nay: None Decision: Based upon the findings a motion was duly made and seconded to grant the Comprehensive Permit in accordance with MGL Chapter 40B with the following conditions: 1. The permitted use of the site shall be for multi-family dwellings. In addition to the two existing single-family dwellings,and an accessory structure, two new structures shall be permitted. All units shall be for rental,with the exception of one owners unit. 2. Development of the site shall be substantially in conformance with the negotiated settlement plan development entitled"Site Plan of Land for"Lewis Landing" an Affordable Housing Complex",last revised date of March 21,2002. 3. The maximum number of units on the site shall not exceed 9 rental units plus 1 owners unit. The owner's unit(60 Stevens Street)shall not exceed four-bedrooms. Of the other 9 units,4 are to be two-bedroom units and 5 are to be three-bedroom units. The breakdown shall be as follows: • For the 7 new units to be built, four shall be three-bedrooms and 3 shall be two-bedrooms. • With reference to 52 Stevens Street,the dwelling is limited to no more than three-bedrooms. The second floor of the garage is not to exceed two-bedrooms. 4. Of the total units, 6 units shall be affordable units in accordance with the Massachusetts Housing Partnership,Permanent Plus Program. Those 6 units shall be committed to affordable housing in perpetuity and rented to eligible households as follows; • 1 two-bedroom unit to a household with an income that does not exceed 50%of the annual median income, • 2 two-bedroom units to households with an income that does not exceed 65%of the annual median income, • 1 three-bedroom unit to a household with an income that does not exceed 65%of the annual median income, • 1 two-bedroom unit to a household with an income that does not exceed 80%of the annual median income,and • 1 three-bedroom unit to a household with an income that does not exceed 80%of the annual median." 5. Rents and utilities for the six affordable housing units, based on the size of the unit and household,shall not exceed limits set by the US Department of Housing and Urban Development maximum Allowable Rents,Barnstable-Yarmouth Metropolitan Statistical Area, or any successor agency 6. The existing two dwellings and an accessory garage shall be retained and rehabilitated as part of the development. Those three structures shall constitute 3 of the 10 units to be located on site. Seven (7) additional units shall be added to the rear of the site within the two new additional buildings. Those two new buildings and the 7 units within shall conform to plans presented and entitled"Two Story Quadraplex" including front elevation, 1'Story Floor Plan and 2nd Story Floor Plan. Those plans show a three-unit building and a four-unit building. The first floor of 8 Town ofBarnstable-Zoning Board of Appeals B1c 1.5420 P a 67 OW66060 Appeal 2000-98-Comprehensive Permit-IVIGL,Chapter 40B H.Jon Gordon,Trustee of 52 Stevens Street Trust the existing garage located at 52 Stevens Street shall be used for common laundry room and common area storage. The second floor shall be used as a two-bedroom unit. 7. The two lots,60 Stevens Street and 52 Stevens Street,shall be merged into one lot prior to implementing this Comprehensive Permit. The area of the two lots 1.13 acres,shall comprise the land area of the condominium development. That area shall not be reduced or divided from the condominium common ownership without permission from the Zoning Board of Appeals. 8. The principal dwelling,addressed as 60 Stevens Street,shall be the owner's unit. That unit shall not exceed four bedrooms. 9. There shall be an on-site manager who will reside in one of the dwelling units designated by the applicant/owner,whose responsibility shall include ensuring primary repair and maintenance of each unit,compliance with Board of Health Rules and Regulations, as well as compliance with all applicable municipal rules and regulations. 10. The new buildings shall be located as per plan presented and cited above. Site clearing and grading shall be limited to 15 feet around the structures and 5 feet off of all drives,parking areas and walks. The maximum height of each new building shall not exceed 26 feet to ridge. 11. A minimum of 18 on-site parking spaces shall be provided for the residents and guests. All parking shall be screened from view with vegetation and/or fencing. A plan for the screening will be developed by the applicant and adhered to by the applicant. Parking shall be as per plan. 12. All freestanding exterior lighting shall not exceed 5 feet in height and shall be so set-up as to preclude reflecting on any adjoining property or right of way. 13. All of the units are to be connected to public water supply and served by the Town sewer. All utilities shall be located underground.The units are to contain efficient toilets and showers, energy efficient appliances and heating, thermal windows and doors.The dwellings shall not have electric heat, but shall be heated by natural gas or oil heat. 14. There shall be no more than two driveways into the site from Stevens Street,as per plan. The sidewalk, granite curbing and parkway area located within the public right of way shall be set to town standards and handicapped ramps installed as approved by the Town Engineering Division. An interior pedestrian walkway shall be designed on the site to provide access from Stevens Street to the existing and proposed new structures.The site shall be attractively landscaped and a planting plan shall be developed and implemented in conjunction with the Planning Division of the Town. The planting plan shall provide for a minimum of 6 trees of 2" caliper and include evergreen plantings along an 8-foot high stockade fence along the entire eastern property line. The finished side of the fence is to be placed inward,towards the development. Appropriate yard and plantings shall be incorporated around the structures,drive and parking areas.The dumpster shall comply with the requirements of the Board of Health and shall be located as per plan. Abandoned cesspools shall be disconnected and filled. 15. This decision is predicated on the development being financed through the Massachusetts Housing Partnership Fund,Permanent Rental Financing Program and the Permanent PLUS Program. If the funding source changes this comprehensive permit shall be void. 16. All construction shall comply with all applicable state building codes,state fire protection requirements and Board of Health regulations. Sprinkler systems shall be installed in the new 9 Town ofBarnstable-Zoning Board of Appeals Bk 15424 ps 6a 066060 Appeal 2000-98-Comprehensive Permit-MGL,Chapter 40B H.Jon Gordon,Trustee of 52 Stevens Street Trust buildings. A fire hydrant,located in the area of the mailbox shall be installed to the requirements of the Hyannis Fire Department. 17. The 6 affordable units comprising the locus shall be set aside in perpetuity for the public purpose of providing safe and decent rental housing to persons of low and moderate income. Those units shall be deemed to be impressed with a public trust. A deed restriction,reflecting the above restriction,shall be prepared by the applicant,approved by the Town Attorney's Office and recorded by the applicant against the property and the individual units at the time of recording of this decision at the Registry of Deeds. Such restrictions shall take priority over all financing documents related to this project. 18. The market rate residential units shall be rental units only. None of the market rate units within this development shall be sold,converted into a condominium form of ownership,or in any way separated from the primary ownership within the first 20 years, except that the applicant,H.Jon Gordon,Trustee of 52 Stevens Street Trust,may condominiumize all of the rental units collectively. However, if condominiumized, all rental units must remain as one unit of any condominium proposal. After the tenth year,the than current owner of the property shall have the rights to appeal to the Zoning Board of Appeals to allow the three market rate condominium units to be sold. 19. The affordable rate residential units within the development shall be rental units only.None of those 6 units contained within this development shall be sold,converted into a condominium form of ownership,or in any way separated from the primary ownership without permission from this Board, except as permitted in the above condition. It is furthermore understood that the Zoning Board of Appeals,after a public hearing may permit individual ownership of rental units provided that such a change is consistent with the Town of Barnstable needs. If they are allowed to be sold,the affordable units shall remain as such in perpetuity and restricted through a deed restriction or other instrument as approved by the Town Attorney's Office 20. All leases shall have a minimum term of one year. There shall be no sub-leasing of any of the affordable units. 21. To the extent legally permissible, the applicant or its assignees shall give preference to renting of the units to Town of Barnstable residents in need of affordable housing. The applicant will seek referrals from the Barnstable Housing Authority for eligible tenants. The applicant or its agent shall screen all applicants and conduct appropriate checks prior to their occupancy of the unit. 22. This Comprehensive Permit is contingent upon final approval by the Massachusetts Housing Partnership Fund and any other applicable state agencies as well. 23. Every twelve months,the applicant shall review the income eligibility of those individuals occupying the affordable units and no later than June 30th of each year shall file with the Barnstable Housing Authority a yearly affidavit listing the rents charged for each affordable unit and the income levels of the occupants of each of the units.The applicant shall provide the Barnstable Housing Authority any additional information it deems necessary to verify the information provided in the affidavit,including but not limited to, income verification and verification of rent, and services charged.A compliance officer shall be responsible for reviewing all information submitted by the applicant and requesting any additional information.that they deem necessary to assure that the applicant is in compliance with all the terms of this permit. Upon any report to this Board from the Barnstable Housing Authority that the terms and 10 Town of Barnstable-Zoning Board of Appeals P1a 11.5420 P069 066060 Appeal 2000-98-Comprehensive Permit-MGL.Chapter 408 H.Jon Gordon,Trustee of 52 Stevens Street Trust conditions of this permit are not being upheld,The Zoning Board of Appeals shall have the ability to hold a hearing to show cause as to why this Comprehensive Permit shall not be revoked. The applicant shall pay the yearly monitoring fee normally charged by the Board for Comprehensive Permits which is$125/per unit,per year. This fee may be reviewed by the Barnstable Housing Authority every 2 years and increased as needed. In addition to monitoring of the affordable units and tenants,the Barnstable Housing Authority shall also annually review the management and upkeep of the development to assure that the overall project is properly managed and maintained. 24. This Comprehensive Permit shall not be transferable without the prior written approval of this Board. 25. It is intended that this decision and the conditions contained herein are in addition to and independent of any requirements of the Massachusetts Housing Partnership Fund, Permanent Rental Financing Program and the Permanent PLUS Program, and that the requirements contained herein shall have independent legal significance and effect. 26. Prior to the issuance of any Building Permits the applicant shall have recorded at the Barnstable County Registry of Deeds; a copy of a Regulatory Agreement consistent with the terms of this Comprehensive Permit executed between the developer/applicant,funding bank, and the Town of Barnstable by its Town Manager,and a copy of a proposed Monitoring Service Agreement to be executed between the developer and the Barnstable Housing Authority,the Monitoring Agent. 27. Prior to the issuance of any Occupancy Permits for the 6 affordable dwellings,the applicant shall have recorded at the Barnstable County Registry of Deeds,such restriction as approved by the Town Attorney's Office assuring that the affordable units will remain"affordable" and are adequately preserved as such in perpetuity. 28. This decision shall be filed at the Barnstable County Registry of Deeds within ninety(90) days of the execution and issuance of this decision by the Town Clerk of the Town of Barnstable. 29. Addressing and street number posting shall be in accordance with Town of Barnstable General Ordinance Article 5. The Vote was as follows Aye:Gail Nightingale,Richard L.Boy, Thomas A.DeRiemer, Ralph Copeland and Ron S.Janson Nay:None Additional Request for Modifications and Waivers: In the applicant's letter of May 29,2002,four other requests were made of the board to consider granting other modifications and waivers. Those request were: 1. Removal of the condition that prohibits electric heat of the units. 2. Modify the condition that restricts the ownership of all of the units for the first 20 years to allow 3 market rate units to be sold after 10 years. 3. Remove the requirements for sprinkler systems in the new buildings. 4. Request to waive local permitting fees. Modification of requests number 1,3,and 4 were denied unanimously. Request number 2 is partially granted as follows: . 11 . Town of Barnstable-Zoning Board of Appeals Sk 1$¢20 P:9 70 i66060 Appeal 2000-98-Comprehensive Permit-MGL,Chapter 40B H.Jon Gordon,Trustee of 52 Stevens Street Trust The owner,after the expiration of 10 years,following the issuance of a occupancy permit for the units,may seek a modification from this board,to allow the three market rate units to be sold. However, nothing contained herein shall deem the applicant eligible to such relief unless the Board makes a determination that such relief may be granted without significant impact on the overall project as well as,the fact that such modification will not in any way be violative of the regular agreement and the requirements as set forth under 760 CMR. Ordered: This Comprehensive Permit has been granted with conditions.This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in three years. Appeals of this decision, if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B,Section 22. Ron S. nsso , Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed thik�i��in.'S4'i that no appeal of the decision has been filed in the office of the Town Clerk. r ►��� Signed and sealed this �!D day of dv)-- under the pains ajijpeti t ' , • ' perjury. 1- : �'.• .. „... �i- Linda Ilutchenrider, Town Clerk/i eAl :;q �,,.�;�, ':;;..:..••. :tip_ ,.: S P 12 f gk 15420 P—o7l b6i�EkO SOWN OF BAiiNSTARL ZONING BOARD'OF.APPEALS ..e,t•. OT.21 OF BL a NIE N UNDER THE ZONING OIiCJINpNCE E 12.2002 ...;'�..Vil'.M+tl T.A!'1+�V}W Y{!r 1a1 AM!.1!iwR.M,C�iJ.)14..1+"ii.FW!nh tl?W a..•14•R • ` , To a��llppersoris lnttemsted in,or affected by the Zoning Board of A�peals under Section 1 d. :af.{?KAp28f 4CA o{�frreT Liu of tkfafa' oirdipti dFlKetadtachusetts;and au amendments thereto yov are hereby nou at: 7r2 O r Of + Appeal 2000.98 d � t ' c� Is Landis 8 By RemandH,JonGordon, rusteeof52Stever) Street rusthessubmittedenApplication ..for eneNe.Pg i onin , of A,p ac oance with MIL Ch�40wt`dRou aMbss3r's Mep 309,as 4!a4el164'..cbmmonly addressed 6osteve4StreetandParcelle6.commonlyaddnessed "k ab62 Stevens-SVest,Hyanrd's,MA.��tiapa I} EbktgntW BZoniiSgDistriot . These.public heahngs will be held at the Barnstable Town HAS;367•Main Street,Hyannio. 'MA.- t2;.2062.Slans.snd.appTi tic'lnsmaybe . revleweilat the Planning 1)lviSion,Zoning Board of Appeals Office,Towq.vq',es Zoo Mein Street:Hyannis,-MA; - _. :.. _.._. • C Ron S.'Jary�� hetmrein The.Bamst6ble Patriot Zorfitt�'8oari# APPeafs Ivley4aric�'Maj+3 1002 .. . .._...... --•-... 3.:r3tJ�t:ta ' t E Town of Barnstable Zoning Board of Appeals Modification of Comprehensive Permit 2000-98 Decision and Notice H.Jon Gordon,Trustee of 52 Stevens Street Trust Summary Granted with conditions Applicant: H.Jon Gordon,Trustee of 52 Stevens Street Trust Property Address: -52&60 Stevens Street, Hyannis,, Assessor's Map/Parcel: Map 309 Parcels 165&164 Zoning: Residential 8 Zoning District&Groundwater Protection Overlay District Applicant Request Modification of Comprehensive Permit 2000-98-Condition 2 Background: On March 01, 2001, a letter addressed to Ron S. Jansson, Chairman Zoning Board of Appeal from Peter L. Freeman was received at the Office of the Zoning Board. That letter requested that the Board consider modifying the Comprehensive Permit issued to H. Jon Gordon, Trustee of 52 Stevens Street Trust filed at the Town of Banstable, Town Clerk's Office on February 20, 2001. The applicant requested that Condition No. 2, be modified. Condition No. 2 reads as follows: "2. The maximum number of units on the site shall not exceed 10 rental units plus 1 owners unit. Of the total units, 6 units shall be affordable units as required by the Massachusetts Housing Partnership, Permanent Plus Program. Those 6 units shall be committed to affordable housing in perpetuity and rented to eligible households as follows; • 2 units to households with an income that does not exceed 50%of the annual median, • 2 units to households with an income range between 60%to 65% of the annual median, and • 2 units to households with an income that does not exceed 80%of the annual median. Procedural Summary: At a regular scheduled public hearing of the Zoning Board of Appeals held March 14, 2001, Chairman Ron S. Jansson read a March 01, 2001 letter from Peter L. Freeman request a modification of Comprehensive Permit 2000-98, Condition No. 2. Board Members assigned to review this request were, Tom DeRiemer, Gail Nightingale, Dan Creedon, and Chairman Ron S. Jansson. Attorney Peter Freeman was present. The Chairman stated that the initial requirement was to determine if this was a minor modification and was not a substantial change to the permit granted. If found to be a minor change, the Board could vote to change the condition without a public hearing and notification. The Board members determined that the request did not represent a substantial change. The total number of affordable units would remain at 6. However, appropriating of units within those income levels-2 below 50%, 2 below 65%and 2 below 80% - would change. Motion: At the March 14, 2001 open public meeting of the Zoning Board of Appeals, a motion was duly made and seconded to find that the requested change of Condition No. 2 is not substantial. The Vote was as follows Aye: Gail Nightingale, Dan Creedon, Tom DeRiemer and Chairman Ron Jansson Nay: None DECISIONS: Based upon the finding that the proposed change is a minor modification of the existing conditions, a motion was duly made and seconded to grant the modification of Condition No. 2 as follows: 2. The-maximum number of units on the site shall not exceed 10 rental units plus 1 owners unit. Of the total units, 6 units shall be affordable units as required by the Massachusetts Housing Partnership, Permanent Plus Program. Those 6 units shall be committed to affordable housing in perpetuity and rented to eligible households as follows; • 1 unit to a household with an income that does not exceed 50%of the annual median, • 3 units to households with an income that does not exceed 65%of the annual median, and • 2 units to households with an income that does not exceed 80% of the annual median.. All other terms and conditions shall remain unchanged. The Chairman amended the motion to include that Condition 6 of the permit is also to be changed to reflect the correct address. Condition 6 is now to read: 6. The principal dwelling addressed as 60 Stevens Street shall be the owner's unit. The Vote was as follows Aye: Gail Nightingale, Dan Creedon, Tom DeRiemer and Chairman Ron Jansson Nay: None Ordered: ` Comprehensive Permit 2000-98 has been granted a modification to Condition No. 2 and a change in the address as cited in Condition No.6. All other conditions remain unchanged. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in three years. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. Ron S. ans n, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the de n has be, filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. ' Linda Hutchenrider, Town Clerk'. t t TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map /�g Parcel /10/� APPLICANT MUST OBTAIN A SEWER Permit# CONNECTION PERMIT FROM T11E q Health Division )-a-AP ks ENGINEERING DIVISION PRIOR To Date Issued g 21 � L CONS.'I�11CTION. w. Conservatiori Division L ;�� FeeYO / 100 Tax Collector Treasurer s 1 . Planning Dept: Date Definitive In o p ved by Planning Board �- P , i F Historic-OKH� Preservation/Hyannis Project Street Address �P Village Sd S vPns S Owner Ven ey Address v Yyd I Telephone ` f2 Permit Request ► r Q!'h� e� q S �r,��4C/�h Ap Square feet: 1 st floor: exi§ting proposed 2nd floor:existing proposed Total new Estimated Project Cost B Zoning District Flood Plain Groundwater Overlay Construction Type I0 Lot Size Grandfathered: 6 es ❑No If yes, attach supporting documentation. Dwelling Type: Single Family t=i Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes 3 Imo On Old King's Highway: ❑Yes two 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 OQ it ❑ Electric ❑Other Central Air: ❑Yes o Fireplaces: Existing New xisting wood/coal stove: ❑Yes allo Detached garage: existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of AppealZN .zation ❑ Appeal# Recorded❑ Commercial ❑Yes If P ,es site Ian review# Y Current Use °` Proposed Use BUILDER INFORMATION. At Name Telephone Number Address 14146< License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO PAA4�"nwbll UFO SIGNATURE DATE r , h -> FOR OFFICIAL USE ONLY +ERMIT NO. _ DATE°ISSUED MAP/PARCEL NO. s ADDRESS VILLAGE OWNER DATE OF INSPECTION: -, r t FOUNDATION FRAME.° INSULATION - FIREPLACE ' t � ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL - - FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. ; '. �tHE T� The Town of Barnstable MAM• �►xrrsrestE,- • Department of Health Safety and Environmental Services Building Division 367 Main,Street,Hyannis MA 02601 Office: 508-8624038 + Ralph Crossen Fax: 508-790-6230 Building Commissioner Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMrr APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: /ande° A+ (k A S Estimated Cost Address of Work: aw Owner's Name: Date of Application: 7 11 I hereby certify that: 1 ; Registration is not required for the following reason(s): Work excluded by law Job Under$1,000 []Buding not owner-occupied ' 2owner 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. SIG D UNDER PENALTIES OF PERJURY I hereb ap\pl for a permit as e a t of the owner* d� \t .Date Con ctor Name Registration No. OR Date ' Owner's Name q:forms:Affidav - The Commonwealth of Massachusetts Department of Industrial Accidents �� � -�_-••- � -- OfUce ollasest/pat/oos r 1 i ' 600 Washington Street -- Boston,Mass. 02111 — Workers' ComffinsatilMnlnsnMance davit location: ^� ci hone# / n I am a homeowner performing all work myself ❑ I am a sole etor and have no one worldnx in any acity �/� Iam an 1 Providing workers' compensal ion for my employees•working on this job.}:t};}:?.!:.}:.;;}:;.;}:;4} ; : {4}:.::4:-crop.aY'�.............................................,:.,.:..�::.:... ..................-.... !:r::.: ::::....... :......:.............:............................................. :.:::::::::::::.i.!}:{{.;:.i:.}...............}}:....:...::t.:;...........:{: ::. ::4..}.:::.:::::::.r.,...:.::..::.}:.:..::..::::.::::::::::::::.t...::::::::.-:.::::::...::.. m an Ham ...... .... ...... ...........n ..... .r..-..-x •:r..:vv::.4..:t/..t r. :...r.. .. .............. ......... .....:.................................... .. :�..................... ......t.n. ......nr... ..........x:..f:::::Yi•�Y'•}at;::::;{.}:i;{.:::::........::.:................. .................. ..:..:..:,.:.... ❑ I am a sole proprietor,general contractor,or homeowner(circle one j and have hired the contractors listed below who have followin workers' ensatioa olives.• �P P ........................:::.�:.:::.:.�:.:.:::.:::.�:•:n•:.�.,:•::•:::::<?::4a.:�:{.}:<.!}:..{.::ti.Y:{:.:.:?i.}}>:?.}:?.}:.:::>:>:;;>?:«::;t:>:;>-K;;:;:,�:�.:.,,M„?w;�:;>.:-:>;:: the g. ......................... ................ ..::::.::.�:...... ............,....t.t :.......................... «< <: ..:........................... ...... ........... ..... r:nr..•rr::..r.:. }. .4nw..:w.. .Fr:}::::,:}:•}.{•x{ ,:..♦�:::.Y{;{{{a•:.t•:}---•::::.{,;??i:;:;:$.=�:::::t`.:;<;�::?;%;::x;;::::; .... ..........:..:.:... ...........::::.�::....:...,.,......�:::::.�:.. ••};}}::•:.��:;:::.. .aa{.........:.....a:nx,?{{:.x^�...........,4:?K?x....:...r ..s•:.�:.......:.. ..4c:. ................. ................:•:::::•:........."I. ................................r...... .,...n.. .......................:::::...... :.:w::::•::::::::n}••.v::::::.v:::.Y.•::vnw::::::.v::.vw::q.}•.:{r{4;:; :{;;{•}::::n4:::::x?:4::v:;::•.:{:{x.:�:..v:.• •:}n...., tn........ ...... .. �ve[[ nv::::•x:. ...........:µ.i.............:nv:v}i}:4'•:'ii:'r•}'•v:••.}v:.}i'4Y ..... ........... .... ..:..... .. -...v- v4:C: }v::'i•: •:.• t �:••.. ..::•: ;Y.tt•%::v..n..i:^!•::i':iii:L?:ii:•:<$�:ry}r:%:'^y nv.v...r..:.. .................. v....r..v......,r.. ,... ...... .. v .Av::}1NrC4SA'v:.....{S .f.TT:v x.:.... 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Fai>ase to seemz coverage as required under section 25A of MGL ISZ eau lead to the imposition of ctimiod Penalties of a fhu up to 51,500.00 and/or am yam,imps as well as dva penalties in the form of a STOP WORK ORDER and a foe of 5100.00 a day against me. I mdetstand that s copy of this staiensmt may be forwarded to the OMce of Investigatiom of the DU for coverage vedfntiee. I do hereby c P P ofPq iknt d N tnformatron provided above rs coma I �/ I Signature i �1 Date Q e otHdal use only do not write in this area to be completed by city or town oindal permlce# a�ggartinew city or town: Bo ard checi,if immediate response is required ❑Selectmen's Office Health Department contact person• �#' _ ��� 0avam 9195 PJN 1 - . 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