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HomeMy WebLinkAbout0070 WINTER STREET IV I E cc — — — —__ B s f,, C � c� � r } x.0031= _x$30.00= r) _x$30.00= :r) _x$25.00= �r) i 0 Permit Fee TOWN OF BARNSTABLE Permit No. Building Inspector n sAUAc Cash OCCUPANCY PERMIT Bond ___ __.�____ ` "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 from the Building Inspector. No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector." Issued to ltiiiter .Z£31t'V Trust- Address brit A 70 Vinter Str€el . Nvanni c Wiring Inspector f r 1. Inspection date Plumbing Ihspectorir Inspection date`,'=-6'-e,.Z Gas Inspector[1 �" �c !� '_: ', Inspection dater:'? A Engineering Department Inspection date'`} �t S,'•• �y 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. 19k�'' Building Inspector— , ' _s . •TOWN OF BARNSTABLE 2'u+72 ``�•. e Permit No. ---------=--------- Building Inspector swrrac Cash _-__-- 9. OL OCCUPANCY PERMIT Bond __--_--- "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 from the Building Inspector:No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector." Issued to Winter Realty �Z`L'mt Address iAli.t B 70 Winter Street, Hramis Wiring Inspector l '. _y y�" '°" Inspection date V Er",L Plumbingector'r }}' A ——Inspection date r-:Ihsp f-�I }y ./ Gas Inspector C� j �,L R` Inspection date Engineering Department N/A +' 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. r 2- 1s_ -- ,... ----- .............................................................. . � ^ Building Inspec,tor— „�•"” • TOWN OF BARNSTABLE Permit No. ------_23472 1 swrr.n a Bllilcling Inspector cash -------__---- �� "PAS OCCUPANCY PERMIT Bond NIA "No building nor stiucture 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 from the Building Inspector.'No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector." Issued to Whiter ReAlty TrUst Address Unit C 70 Winter Street, Hyamlis Wiring Inspector ,- `""`` Inspection date Plumbing EaspectoT 41rInspection date al. 'A Gas Inspector [! , f '� Inspection date , Engineering Department NIA. 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. .. ........ �s --� .............. �5r _._.._M Building Inspe o%a • r TOWN OF BARNSTABLE 72 Permit No. ------234 -__—_-- -- 1 VAMMU Building Inspector Cash °V OCCUPANCY PERMIT Bond 1 /A "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 from the Building Inspector. No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector." Issued to Winter Realty Tmst Address Ui21t D 7070 Winter Street* Hyamis 7 Wiring Inspector f.� L/ Inspection date , Plumbing Easpectorr� Inspection date Gas Inspector J "' n. ` - a y�� Inspection date, U Engineering Department NIA 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. .. * .... ........ 19.:��"" .............. �?r� - /� f f `Building Inspector „o'"”'• TOWN OF BARNSTABLE Permit No. _______- 72 e Building Inspector Cash --_-- -- OCCUPANCY PERMIT Bond N/,A "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 from the Building Inspector. No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector." Issued to Winter Fealty Trwt Address Tlni-t F. 70 Winter. StrQpt_ JTvami,r, Wiring Inspector Inspection date Plumbing Inspecto r�� �/' Inspection date Gas Inspector . { Inspection date j h Engineering Department of a 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. d' . .. ................_, 19 _ .,./...B'uilding..Inspeetor.— r �•"" TOWN OF BARNSTABLE Permit No 23472 e .w� .. —saUe7aae -- Building Inspector�`�. Cash ---__ _-- e�o. OCCUPANCY PERMIT Bona __ NIA 1 � i 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 from the Building Inspector. No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector." Issued to Winner Realty Trust Address .� Up-it F. iQ Winter stree, Hyamnis Wiring Inspector Inspection date •: Plumbing Easpect6r Inspection date; L Gas Inspectors i �E Inspection dateU� � r �Via_ �ri`l'"L v a�. Y �, s"^ t)l"�r+1.^.a• ..�ro•.'�.. + EngineeringDepartrnent N/A 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 Insp7et r— 7 � h TOWN OF BARNSTABLE ."34l2 � e Permit No. _____--_--- --- 1 Building Inspector cash — — — OCCUPANCY PERMIT Bond "No building nor structure shall be erected, andlao land, building or structure shall be used for a 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 certificate of occupancy has been issued by the Building Inspector." Issued to Winter ReaIL7 TrUM Address Uait H 70 Winter Street, Hyannis Wiring Inspector �'r� "� "`" �~—• Inspection date Plumbing Inspector � �� , r Inspection date V ro r" Gas Inspector t tr. s:i t l,.a•kc , ,,, a Inspection dated Engineering Department N/A Inspection date THIS PERMIT WILL NOT BE VALH), AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS. S / .......... 19 , ................ l Building I�6elctor TOWN OF BARNSTABLE :M72 Permit No. Building Inspector 1 sauna Cash _ ------- VY "` OCCUPANCY PERMIT Bond _ 1A "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 from the Building Inspector. No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector." Winter Realty Est q Issued to Address trait 0 70 Winter Street 11yamiis Wiring Inspector Inspection date Plumbing Inspector , j Inspection date Gas Inspector i°c*= Inspection date Engineering Department N/A. 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. r. ........ ' i .......... .�... Building�Inspector _»» Asa SO ma nd to nu r ............. ....... . , ropy THE t , fewa e�rPer it num a .... ........ .... ..... .. ... h / Z ABHSTAB E� - //J � B L House number ....:..,/(........L. ...........................:................... 90 MABa p� N am TOWN' OF BARN-STABLE a BVI..LDING INSPECT �r APPLICATION FOR PERMIT TOE` . ..............� .`..�..... a�� .................. y; TYPEOF CONSTRUCTION .:� ..........................r..�................. ........... .. .............................................. ............. .U`�...!......................19 ..1. TO'THE'INSPECTOR OF "BUILDINGS: The undersi ned hereby applies foray permit according to the•,following information: t i` `�� ��y�a�1S Location ........................................................................................................................................................ Proposed Use ....... ... Y� .j.�''�..M..................... Qys Zoning District ............... .......``.........:...........Fire District ....... .,••........................... ..'.............. ......................... Name of Owner ^ t 1` ...... �� L 1 .....Address � ..."`:' ` )`�;{.,.n7.�- ............ �N;S E3�� ' ' Nameof Builder ... ...... ..................................................Address .........M�................................................................... Name of Architect ..................................................................Address ........ . QNumber of Rooms .......... Foundation ........r � � ...................I..................... Exterior ................::.:..: ..........._...............................................Roofing ....................... t-A '7—�'--k-,(Faof vvb V- k Floors ....... ...... ...... .............................................Interior I...... 0—................................................ Heating ...............:. ...........).�`"...................................Plumbing !/. ..................a......................................... Fireplace �. Approximate Cost 2 . ....................................... .;...... . Definitive Plan Approved by Planning Board ________________________________19________. Area ............ .. J. s......... . / Cf Diagram of Lot and Building with Dimensions Fee , `?�^ ......................pp....... SUBJECT TO APPROVAL OF BOARD OF HEALTH /�vZ/X 00 r ' I hereby agree to conform to all the Rules and Regulations of the Town of Barrable arc ab ve construction. Name ........ .$�.... .................................. WINTER REALTY TRUST., _ ---. 23472. Bil21d o ................. Permit for ..... _ ..........1.0...umi.t...C,0nd0M .nj.uM. ................. Location 70 Kinter Street . . Hyannis ........... OwnerT�.. winter Realty..Trus.t......... `i " jF Type of Construction tame s YP _ !� •. ... .......................................... Plot r ^. �.. Lot ... . .. Permit Granted Se tem ;� •.•1.7.:,.19 91 1 Date of Inspection 1 Date Completed ......................... _ .....19 ; PERMIT REFUSED ......................................................... ................ ............. ..... .-'....rJ`9 .. w .................................... ........................ ... .............. .............. .....................>,. ... .. .. .... .........................................................y ................... Y t � � J ........................................................... . ..... .. III'[Z [1f Approved .....,............... .................. 19 4 ........................r.................................................... r` '� .................... ......................................................... } T -�..� . ; Tow of Barnstablep .. Builds g n ri _s PJr ost"<This Ca:rdSo That it"is+Visible From the Street ApprovedPla'ns Must be Retained onlob and##his Card Mustbe Kept > * $ Posted Unfil Final 1'nspect'ionHas Been Made _, Y m q: Whei e Ce �f�icat f Occupancy�s Req ired such Bu ldmg st all"Not be Qccupiedruntil a Final;lnspection has been made L Permit NO. B-19-4187 Applicant Name: GERALD PATRIQUIN Approvals Date Issued: 12/20/2019 Current Use: Structure - Permit Type: Building-Siding/Windows/Roof/Doors Expiration Date: 06/20/2020 Foundation: Location: 70 BLDG 1 UNIT A WINTER STREET, HYANNIS Map/Lot: 309-242-OOA Zoning District: OM Sheathing: Owner on Record: WILLETT, ELLEN L TR Contractor Narne` ,,LONG ROOFING OF Framing: 1 IMASSACHUSETTS LLC Address: 15 CREST CIRCLE _ 2 WEST YARMOUTH, MA 02673 - Contractor License 187510 Chimney: Description: STRIPAND RE-ROOF INSTALL ( 25)SQUARES ASPHALT ROOFING Est Project Cost: $ 22,000.00 _., SHINGLES i :Permit Fee: $ 160.00 insulation: NO STRUCTURAL Fee Paid $ 160.00 Final: Project Review Req: - Date:� 12/20/2019 Plumbing/Gas Rough Plumbing: Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authsorized by this permit is commenced within'six months 13 g W;e.Official• All work authorized by this permit shall conform to the approved application and the;approved construction documents'forwhich this permit has been granted. Rough Gas: All construction,alterations and changes of use of any building and structures shall.be in compliance with the local zoning by-laws and codes. Final Gag: This permit shall be displayed in a location clearly visible from access streetor road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. ' � - �- Electrical The Certificate of Occupancy will not be issued until all applicable signatures by the Buildingla hdl Fire Officials are provided on this,permit. Minimum of Five Call Inspections Required for All Construction Work: Service: Q 1.Foundation or Footing 4, Rough: 2.Sheathing Inspection 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final: 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: 6.Insulation 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT D� Final: Town of Barnstable Building Department ' Brian.Florence, CB t Building Commissioner 200 Main Street, Hyannis;MA 02601 www.town.barnstable.ma us Pre-application for Business Certificate Data 2 b �g MapJ� Parcel �V Applicant Information V i c'Co R �► �ta�i o MA 40S �V E l`E Applicants Name Applicants Address. O v./ i fJ�F Email Address ®� Telephone Number2 SQ.?- 3/9 -3J-g1 Listed X Unliste Business Information , JJJ New Business? ------------------------- ----• es No /� ^ Business is a registered corporation? ______________________ Yes ®° Ow e o v If yes Nam f Corporation Does business o erate under the registered cZat5me? Yes N Is the business a sole proprietorship or home occupati ____ Yes No If yes then a Home Occupation Registration —See Building Division Staff Name of Business Ji CTO7Z oTO 1 y, 6 la A N�V b S J►/I�1J Business Address 6 Type of Business 4 C L6A b AtD 7ETU RIB i544 0-Z3� Building ommissioner Office Use Only Conditions Building Commissioner Date Clerk Office Use Only Town of Barnstable Building Department I pE THE Tp� o Brian Florence,CB0 Building Commissioner BARNSTABLE, 200 Main Street,Hyannis,MA 02601 .p mass. °o i639• www.town.barnstable.ma.us pTFD MA'1 A . Office: 508-862-4038 Fax: 508-790-6230, Approved: Fee: Permit#.c HOME OCCUPATION REGISTRATION Dater S /•Z$f�� . �Gt:o JJ,.3i ,� �s� GawE 36o-3 / ; Name: v R 0 aS A.Phon'e#: 09� Address: �V : S'C. ► G, Villager �� Iv S A Name:of Business: V 1 L b A'% A o-To 9E td 11 f ,A),g �FvR �kiv G ,auto oN e— Type of Business:�4. i A) G A ,U Map/Lot: . SD C�/��-- INTENT: It is the intent of this section to allow the residents of the Town of Bamstab to operate.a home occupation within single family dwellings,subject to the provisions o Section 4-1.4 of the Zo g ordinance,provided that the . activity shall not be discernible from outside the dwelling: there shall be no increarin noise or odor;no visual alteration to the premises which would suggest anything othe than a residential e;no increase in traffic above normal residential volumes;and no increase in air or groundwater poll 'on. After registration with the Building Inspector,a customary home ccupation s all be permitted as of right subject to the following conditions: ' • The activity is,carried on by the permanent resident of sin e family residential dwelling unit,located withinthat dwelling unit. • Such use occupies no more than.400 square feet of space • There are no external alterations to the.dwelling which,are n t customary in residential buildings,and there is no outside evidence of such use. / • No traffic will be generated in excess of normal'resj'dential vol es. • The use does not involve the production of offens''4e noise,vibra 'on,-smoke,dust or other particular _matter,odors,electrical disturbance,heat,glare, umidity or other bjectionable effects. • There is no storage or use of toxic or hazardo materials,or Hamm le or explosive materials,in excess of normal household quantities. • Any need for parking generated by such us shall be met bn the same to containing.the Customary Home Occupation,and not within the required ont yard: There is no exterior.storage or display materials or equipment • There are no commercial vehicles rel ed:to the Customary Home Occupatio other than one van or one pick-up truck not to exceed one ion apacity,and one trailer not to exceed 20�f et in length and not to exceed 4 tires,parked on the same of containing the Customary Home Occupa n. • No sign shall be displayed iodic g the Customary Home Occupation. • If the Customary Home Occup 'on is listed or advertised as a business,the street a dress shall not be included. • No person shall be employ in the Customary Home'Occupation who is not a perman t resident of the dwelling unit. 1,the undersigned,have read and agr e with the above restrictions for my home occupation'I am registe ' g. Applicant:_ „Date: a2 l Homeoc.doc Rev.10/17 g DATE: Feb. 112016 TO: Building File FROM: Robin C. Anderson, ZE0 r RE: Inspection LOCUS: 70 Winter Street Unit D,Hyannis M&P: R309-342 ZONING: OM Office-Multi-family reported to the subject site on 2/11/16 at 11 AM: No one answered the door but before we left a middle aged imein and woman arrived and admitted us to the unit. He stated he'resides upstairs and she was stated she is just visiting but l remember her being there in 201:1 as well. A young male was in the bathroom/laundry room on the first floor. The middle aged man that admitted us indicated that the tenant in the basement was sleeping but we could go downstairs and talk to him. He opened the door and . directed us to the right side of the stairs. i The following observations and exchanges were made: F ti' • Thebasement is a primitive unfinished basement: • It is.divided into 2 halves - both are now occupied. .. • : There are no egress windows and only one typical cellar window in the area.to the left of the stairs. • A non-responsive male was sleeping on a mattress on the back wall (right side) behind the furnace. :: • . This area was furnished wi'ith a TV, chairs and personal belongings. • The left side unit is walled-off with a door. • The young male (noted to be in the upstairs bathroom) came down stairs.'- and entered the left'side. • He was concerned. about his wallet and he disappeared behind some - hanging laundry: A small end table supported a microwave oven. • The occupant stated he doesn't live there but occasionally sleeps there (in the basement room): • . He returned to meet us at the bottom of the stairs and refused us entry: • 1 asked if he had a window. • He pointed to a typical cellar window. • I advised he`can't live here or sleep here. -.He reiterated he doesn't live here but.stays only occasionally. • When I said it is not safe he got angry and said responsibility will be on me because he will be forced to sleep outside in a snow bank. 1 told him to sleep upstairs. He continued to talk over me so we went upstairs. • No one else was around although there was a White-haired non- responsive person on the couch in the living room. • With no available party to receive an exit order, we exited. Action: • A check of our street file revealed a valid exit order from 2011. • Communication will be initiated with the property owner. Property owner will notified again about the liability of continuing to utilize the lower level in this fashion. February 10, 2016 Lt. Cosmo contacted me to inform us of a medical call on the evening of 2/18/16 concerning an upstairs tenant; While on site, HFD confirmed there were two occupants in the basement. Written confirmation of the circumstances and conditions shall be forthcoming early next week. A new exit order was sent out by Bob McKechnie on 2/18/16 by registered mail/return receipt requested. Staff will meet with Health & Fire next week to review status. Photos from 2/11/16 Right side- basement 70 Winter Street Hyannis 2/11/2016 Y � , .•fir. . I � 1 r5 1?Rcel Detail Page 1 of 3 THE of � ° �'��a3,�-ssJ�a.L� a 1 .# „�J�.a �5 ry�"'r°y>•"R` F • h7 1.1 its Y1 h'.�. �d �r "J y �. �m"� •,� �yt � ��f "L\Y,�tg�•,� L49!J%s'tc�� � r . �° �� _ T'" � r, "`"'' � w ���"�`�`'� � i, Logged In As: Parcel Detail Thursday, February 18 2016 Parcel Lookup Parcellnfo Parcel ID i309-242-OOD Condo Unit UNIT D Condo —------- Complex!WINTER STREET I Building BLDG 1 Location j 0 WINTER STREET `� _I Pri Frontage _ Sec Sec Road Frontage - village[HYANNIS I Fire District HYANNIS Town sewer exists at this addressYeS Road Index 1866 Interactive Map Owner Info _ Owner WILLETT, KENNETH F& ELLEN L Co-Owner Streetl�15 CREST CIR _ ( Street2 City WEST YARMOUTHI StateMA_ zip I02673 _ Country Land Info Acres 10 Use, Condominium MDL-05I Zoning OM Nghbd j0001 Topography� . ( Road Utilities _.-- � � I Location • Construction Info - Building 1 of 1 Year 1981 _ Roof __ _ Ext _. Built Struct I Wall i Living 90 Roof AC Central ` Area i � I Cover 1 ._. ._._.I Type ( In Bed Style 1Condominium _I FDrywall 12 Bedrooms Wall_ Rooms r ) Model Res Condo Ior Carpet Bath Rooms 1 Full-1 Half Floor Heat Rooms Total Type . Grade I Hot Air 5 Rooms _.. Stories€2 Stones I Fuel Typical _ LF ation!Poured Conc. Gross 11785 Area http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=25510 2/18/2016 PRrcel Detail Page 2 of 3 Permit History Issue Date iPurpose Permit# Amount Insp Date Comments Visit History Date Who Purpose 7/26/2013 12:00:00 AM Tony Podlesney In Office Review 12/15/1987 12:00:00 AM ME Meas/Est Sales History Line Sale Date Owner Book/Page Sale 7rice1 4/29/1999 WILLETT, KENNETH F&ELLEN L 12233/179 2 11/27/1996 PISACANO, CHARLES J&MARGO 10503/182 3 7/15/1984 ZALKIND,JACK I 4190/201 $0 4 6/15/1982 1 BERZON, ROBERTALAN 3491/54 $216,000 Assessment History Save# YearBuilding Value�� XF Value .OB Value Land Value Total Parcel Value 1 2016 $144,900 $16,900. $0 $0 $161,800 2 2015 $141,200 $14,600 $0 $0 $155,800 3 2014 $141,200 $14,600 $0 $0 $155,800 4 2013 $141,000 $14,600 $0 $0 $155,600 5 2012 $137,500 $14,600 $0 $0 $152,100 6 2011 $149,700 $0 $0 $0 $149,700 7 2010 $161,300 $0 $0 $0 $161,300 8 2009 $178,600 $0 $0 $0 $178,600 9 2008 $178,600 $0 $0 $0 $178,600 11 2007 $178,600 $0 $0 $0 $178,600 12 2006 $176,600 $0 $0 $0 $176,600 13 2005 $166,400 $0 $0 $0 $166,400 14 2004 $135,100 $0 $0 $0 $135,100 15 2003 $48,600 $0 $0 $0 $48,600 16 2002 $48,600 $0 $0 $0 $48,600. 17 2001 $48,600 $0 $0 $0 $48,600 18 2000 $42,700 $0 $0 $0 $42,700 19 1999 $42,700 $0 $0 $0 $42,700 20 1998 $42,700 $0 $0 $0 $42,700 21 1997 $4.2,300 $0 $0 $0 $42,300 22 1996 $42,300 $0 $0 $0 $42,300 23 1995 $42,300 $0 $0 $0 $42,300 24 . 1994 $48,000 $0 $0 $0 $48,000 25 1993 $48,000 $0 $0 $0 $48,000 26 1992 $54,800 $0 $0 $0 $54,800 27 1991 $84,300 $0 $0 $0 $84,300 28 1990 $84,300 $0 $0 $0 $84,300 29 1989 $84,300 $0 $0 $0 $84,300 30 1988 $69,600 $0 $0 $0 $69,000 31 1987 „ $69,000 $0 $0 $0 $69,000 32 1 1986 1 $69,000 $0 $0 $01, $69,000 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=25510 2/18/2016 P cel Detail Page 3 of 3 Photos � � s i http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=25510 2/18/2016 Cape Save Inc. 7-D Huntington Avenue South Yarmouth, MA 02664 . Tel: 508-398-0398 Fax: 508-398-0399 �./ 8/10/16 Town of Barnstable Thomas Perry CBO ? Building Commissioner 200 Main St. Hyannis,MA 02601 ° 4 RE: Building Permit#B-16-1932 TO: Building Inspector(s), This affidavit is to certify that all work completed for 70 Winter Street Apt H,Hyannis has been inspected by a third party Certified Building Performance Institute(BPI)Inspector. . All work performed meets or exceeds Federal and State Requirements. Sincerely, William McCluskey L Town of Barnstable Regulatory Services Richard V. Scali,Director i .R &UMSfABLE. ; Building Division BARNSTABI,E 9q, 169 � Thomas Perry, CBO 1�"�.w.a,4 1fi39-2014 AIED'A°�� Building Commissioner �Dg 200 Main Street, Hyannis,MA 02601 www.town.ba rnsta ble.maxs Office: 508-862-4038 Fax: 508-790-6230 February 18, 2016 Kenneth F & Ellen L Willett RE: 70-D Winter Street 15 Crest Circle Hyannis, MA 02601 West Yarmouth, MA 02673 Map: 309 Parcel: 242-OOD EXIT ORDER Dear Kenneth & Ellen Willett, _ This letter shall serve as notice that the building department has become aware of building code violations at the above referenced address. In accordance with 780 CMR R310.1 you are hereby notified that the areas used for sleeping in , the basement are declared dangerous.and unsafe and their use must cease immediately. Please contact this office at 508-862-4033 with any questions to avoid further action. Thank you for your anticipated cooperation in this matter. r By Order, � ? 14 _ Robert McKechnie Local Inspector DATE: Feb. 112016 TO: Building File FROM: Robin C.Anderson' ZE0 - RE: Inspection 3 LOCUS: 70 Winter Street Unit D, Hyannis ,': M&P:' R309-342 ZONING: OM Office-Multi-family , reported to the subject site on 2/11/1A6 at 1.1-AM:' No one:answered the door but before we left a middle aged"man and woman arrived and admitted 'us to the unit. He stated he resides upstairs and she was stated she is just visiting but I remember her being there in 2011 as well. A young male was in the bathroom/laundry room on.the first floor. The middle N. aged man that admitted_ us indicated that the tenant in the basement was sleeping but we could go downstairs-and talk to him. He opened the door and directed us to the right side of the stairs. The following observations and exchanges were made: • The basement is a primitive unfinished.basement. • It is:divided into 2 halves - both are now occupied. • There are no:egress windows and only one typical cellar window in the area to the left of the stairs. • A non-responsive male-.was sleeping on a mattress on the back wall (righfi side) behind the.furnace :This area was furnished with a TV, chairs and personal belongings. " ,n The: left side.unit is walled-off with a door. The young male (noted'to,be in the upstairs. bathroom)'came.down stairs~ ` and entered the-left side. • " He was concerned about his wallet and he disappeared behind some Banging laundry. A small end table'supported amicrowave oven, . The occupant stated he doesn't live there but occasionally sleeps:there (in' the basement room): •,' :He returned to meet us at the bottom of the stairs and refused us entry. A •: `I asked if he had a,window. • F He pointed to a typical cellar window. advised he can't live here or sleep here. • He reiterated he doesn't live here. but stays only occasionally. When"I said it is not safe he got angry and said responsibility will be on me because he will be forced to sleep outside in a snow bank. told him to sleep upstairs. 1 . : He.continued to talk over me so we went upstairs. No one else was around although there was a white-haired non- responsive person on the.couch in the living room. • With no available party to receive an exit order, we exited. Action: • A check of our street file check revealed a valid exit order from 2011. • Communication will be initiated with the property owner. Property owner will notified again about the liability continuing to utilize the lower level in this fashion: . Right side— basement 70 Winter Street, Hyannis . 2/11/20:16 2 f c .. "AW �. LEW Flo r i • •• •• i Date: March 9. 2016 To: Building File From: Robin C Anderson, ZEO Locus: 70 Winter St,Hyannis Unit D Owner: Kenneth Willett Re: Exit Order/Overcrowding Spoke to Property Owner Mr. Willett. He has been in AZ since Jan and is not aware of the problems at this location. We discussed the exit order and liability involved in not addressing the occupancy of basement. We also discussed the significant number of emergency responses to the site including medical and police. Mr. Willett discussed evicting the tenants. I suggested he speak to his attorney and/or his. local agent, John in Unit H to proceed accordingly. We discussed the risk of being ` deemed a problem property and the owner's incurred expense of having a cruiser parked out front. Mr. Willett agreed to pursue resolution ASAP and advised he would contact his attorney Anthony Alva. A short time later, Attorney Alva contacted me. I reiterated the circumstances and risks as noted above. I had a copy of my report and the most recent exit order faxed to him at a number he provided. I invited him to come in and review the street file. k Subsequently, I made Officer Estey aware of this development. BPD is willing to assist with the removal of any unruly party from the site. F� TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 30Q Parcel Application Health Division Date Issued Conservation Division Application F Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board o6 Historic - OKH _ Preservation/ Hyannis Project Street Address ri s i c eei— P 1 Village kLn/1 n L5 1 Owner t w"a �j��� p� Address kJ Ct Cj �' �W(KOA4 Telephone Permit Request �� Ce HA[VC ( cU 46 t P.,Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay ':- Project Valuatio Construction Type 4 Ca Lot Size Grandfathered: ❑Yes ❑ No If yes, attach sup- sting domeation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Hig way: ❑�•'YYes 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 Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes XCNo If yes, site plan review# Current Use Proposed Use — �— - APPLICANT INFORMATION (BUILDER OR HOMEOWNER) ' r1 Name W� I(1p.[A I C o(' Telephone Number La 3 U o31 8 f Address '� �Ti License # E�. f tm m 4;�A 6 6 y Home Improvement Contractor# '1 Email Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 21 SIGNATURE DATE 745 11 FOR OFFICIAL USE ONLY Ii APPLICATION # 1 DATE ISSUED • MAP/PARCEL NO. ' r L, ADDRESS VILLAGE OWNER i DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. - -The Commonwealth of Massachusetts ` Department of Industrial Accidents 1 Congress Street;Suite 100 Boston MA 02l 14-201.7_ www mass.govLdia tVorkers'Compensation.Insurance Affidavit:Builders/Contractors/Electrieians/Plumbees. TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information Please Print Legibly Name (Busipess/Organization/Individual):Cape Save Inc Address:7-D Huntington Avenue City/State/Zip:South Yarmouth,_MA 02664 508-398-0398 Phone:#.: , Are you an employer?Check the appropriate hog: Type of project(required): LE]1 am a em to er with '15 em to ees full and/or art-time * - p y. p•-y ( p )- .,,; �:._ , .. 7. New construction 2.r I am a sole proprietor or partnership and have no enipioyees working for me in ❑ 8. ❑Remodeling any capacity.[No workers'comp.insurance required:] I 3.aI am a homeowner doing all work myself[No workers'comp..insurance required.jt 0. D Demolition ❑'4.M I am a homeowner and will be hiring contractors to conduct all work on 10 Building addition my property. Twill - . i ensure that all contractors either have workers'compensation.insurance,or aresole 11.0 Electrical repairs or additions proprietors with no employees.•- 1.2. g repairs Plumbing irs or additions ❑ P , 5.❑I am a general contractor and I have hired the sub-contractors listed on the attached sheet, 13:�Roof repairs These sub-contractors have employees and'have workers'comp.insurance, 6.M We are a corporationand:its officers have exercised their right of exemption per MGL c. 14.Q Other Insulation., 152,§1(4),and we have-no.employees..[No workers'comp.insurance required] *Any applicant that checks box'#1 must also.fill.out the section below showing their workers'compensation policy information., a t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must tsubmit anew affidavit indicating such. Contractors that check this box.mustAttached an additional sheetshowing the name of the.sub-contractors and state whether or not those:entities.have employees. If the sub-contractors have employees,theyinust provide their workers'comp;policy number: I am an employer that 1s providing workers'compensation insurance for my employees. Below is the policy and job site information. . .. _ Inslmdnce Company Name; Star Insurance Co. Policy#or Self-ins.tic.# WC085540700 Expiration.Date: 4/9/2017 Job Site Address: 70 Winter Street City/State/Zip:Hyannis Attach a copy-of the workers'compensation policydeclaratlon page(showing the policy number and expiration date). Failure to secure coverage as required under MGL-c. 152,§25A is a criminal violation punishable by 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:A copy of this.statemenE;may be forwarded to the.Office of Investigations of the DIA:for.insurance. coverage verification: - I do hereby eerrtlify under th pains and penalties of perjury that the information provided above.is true and correct ; Signature: Date: /16 , Phone#:508-398-0398 Official use only._Do not write:in this area,to be completed by city or town official City or Town-, PermittLicense#. s Issuing Authority(.circle one): - L Board ofHealth 2.Building Department 3.City/Town Clerk 4.Electrieal.Inspector 5.P..lumbiing Inspector 6.Other Contact Person,: m Phone -N , DATE(MM/DDNYYY) AC4:>Rn CERTIFICATE OF LIABILITY INSURANCE 4/12/2016 .: 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 policyges)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder In.lieu of such endorsement s PRODUCER- _. - ._ NAME .Risk Strategies Company Risk Strategies Company_ N E : (781)986-9400 FAC No:(181)963-4420 ac 15 Pacella Park Drive AD&LEss:randolphcld@risk-strategies.com -Suite 240 - iNSURER(S)AFFORDING COVERAGE NAIC# Randolph MA 02368 INSURERA:Selective Ins. of America INSURED INsuRERBAllmerica Financial Alliance Ins Cc 10212 Cape Save, Inc - INSURERC:Star Insurance CO 7 D Huntington Ave INSURER D: INSURER E: South Yarmouth MA 62664 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1641211375 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. �TR TYPE OF INSURANCE POLICY NUMBER. MMIDD.EFF IDDff Y LIMITS X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS MADE XD OCCUR PREMISES Ea occurrence $_DAMAGE TO RENTEIT 100,000. X 91994460 16/16%2015 16/16/2016 MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,0106 POLICY- I JERCOT EIOC s PRODUCTS-COMPIOP_AGG $ 2,0,00,000. I OTHER:. COMBINED $ AUTOMOBILE LIABILITY Ea accident GL $ 1,000,000 B ANY AUTO BODILY INJURY(Per person) $ �TOSN� X scHEwLED -ANNA46196600 11/6/2015 11/6./2016 BODILY INJURY(Per accident) $ X X NON-OWNED _ PROPERTY DAMAGE $ HIRED AUTOS AUTOS P X umsRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS-LIAB. CLAIMS-MADEr' I AGGREGATE $ 1,000,000 DED X RETENTION$ HIL 1 191994480. 10116/2015 10/16/2016 $ WORKERS COMPENSATION• -- Officers Included for , _ +' y X STATUTE O H_ AND EMPLOYERS'LIABILITY - ' ANY PROPRIErORIPARTNER1E>tECUTIVE YIN NIA Coverage. E.L.EACH ACCIDENT $ 5001000 C (MandatoOFFICERIry H)EXCLUDED? ® VCOS5540700 419/2016 4/9/2017 (Manddory be and I 'I E.L.DISEASE-FA EMPLOYE $ 500 000 If yyees,describe.under - - - - - DESCRIPTIONOF OPERATIONS below. E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule;may be attached If more space to required) National Grid Corporate Services LLC d/b/a National Grid, Action Inc, Colonial Gas Company and NStar Electric are all included as Additional Insureds with respects to the General Liability coverage of named insured as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Housing Assistance Corporation THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cape Light Compact ACCORDANCE WITH THE POLICY PROVISIONS. Barnstable County 460 West Main Street AUTHORI2IDREPRESENrATIVE Hyannis, Phi 026Q1 Michael Christian/GLC ._ 01988-2014 ACORD CORPORATION. All rights rosorved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD INS0.25(291401) 14. The Parties acknowledge that this Agreement is under seal. It is intended by the Parties that-the Tenant or any successor Tenant is'the intended beneficiary of the Agreement and shall have aright of enforcement 9 - Property Owner's Signature: cwd p at e / > Phone: •A Address: ®Ab Tenant Signatur �.. Date — is Agency Approved Weatherizabon Company. Adam T. Incorporated / All Cape Energy / Alternative Weatherization Cape Cod Insulation, / Cape Save / Cazeault Frontier Ener Solutions . / Lohr Home Improvement / Tupper . 9Y p Construction i Agency Signature Date a j s: I 6Z, Office of Con§umer Affairs and Business Re ulatlon a•.. Park Plaza - Suite 5170 Boston,;Massachusetts.02116.; �. Horne IlnprovementContractor Reglstratlor Registration 1;71380;. �;� rtr. ` Expiraton 14/2048 Tr# 419291 CAPE SAVE I NG. WILLIAM .McCLUSKEY ;vY ,t 7-D HUNTINGTON AVENUE z SOUTH=YARMQUTK, MA 02664.: f Update Addressand return card 1VIark reason for'change: Address �.12enewat Employment ❑ Lost,Card:: _scat �:. zoM-osrii �e rca»rnceaiaiUerc�,L�o�E?/�/la:tsrcrlcue .Office of Consamet Affairs&Business oa License or registration valid for mdi*idul use only Regutati ^-T HOME;IMPROVEMENT CONTRACTOR before the expiration date ;If found4return:ao Registration "1713gp Types Office of Con%sumer Affi sand Business Regulation i Expiration iij' 618 Corporation. 10 Park P aza Suite 5170 L Boston,,MA 02116. CAPE SAVE INC. E WILLIAM MCCLUSKEY f 111-1 ff.gy 7-D HUNT.INGTON AVENUEM SOUTH YARMOUTH MA 02664 Undersecretary Not valid: i signature Massachusetts -Department of Public Safety Board of Building Regulations and Standard's "Arrwii uiii/Ti ;�uTiE�viSOT orwcYdu_v raw License: CSSL 102776 c� WILLIAM J MC eltu 37 NAUSET ROAD West Yarmouth NA %,�..., �f1� c• "'i' Expiration; Commissioner 06i M2017 �.WE Tp� Town of Barnstable .EA Building Department MARS O�' .,. �3q � p a6 , Teo,ha+ . 200 Main Street Phone: (.508) 862-4038 Inspection Report by Property -: � _...-'�'-.*.�--• -�-.-.-.�-�?_�.._ ®-°'5---- _T _--.- —fir' . ddre s � • . 4/3%2016 3:02:03 PM _` 'Zonin Violations General Ins ection FAIL Received call from Hyannis Fire 2:50 mckechnr ; s 9 p -this date. FD responded to subject �. address for medical call. Basement ' area around ace area still has a pers furn on d sleeping there. John Cosmo called'.to inform =' '�` 1..r"ra .' ,-t '',tc� g�` ✓'a•s i -70 '70 UNIT D WINTER STREET,HYANNIS 1 of 1 C3 I• • � m m OFFICIAL USE N Certified Mail Fee �\ ti $ . I<NNis M Extra Services&Fees(check box,add fee as pro aml ❑Return Receipt(hardtop» $ Q ❑Return Receipt(electronic) $ ! PD ®� E-3 ❑Certified Mail Restricted Delivery $ / H O ❑Adult Signature Required $ ❑Adult signature Restricted Delivery$ O Postage ru rr:1 Total Postage and Fees 7z PS Ln Set o �j e�d� '�_7l a-�l`j�4i/ems. ----------- Sire ran t.No.,or Pd - o. '` -�-�� ----------^- f- � --------------------=------------=------------ cm s�raie,".rQY GL /"/I 0- 7°3 Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail Iabe4. for an electronic return receipt,see a retail ■A unique identifier for your mailpiece. associate for assi*nce.To xeetve a duplicate ■Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the,; ■A record of delivery(including the recipients retail associate. signature)that is retained by the Postal Service- Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent tmporUnt Reminders. Adult signature service,which requires the ■You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Service®, available at retail). or Priority Mail®service. Adult signature restricted delivery service,which ■Certified Mail service is notavailable for requires the signee to be at least 21 years of age international mail +1A and provides delivery to the addressee specked ■Insurance coverage is notavailable for purchase by name,or to the addressee's authorized agent with Certified Mail service:However,the purchase (not available at retail). ry of Certified Mail service as not change the ■To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should beat a 5 certain Priority Mail items. USPS postmark.If you would like a postmark on . ■For an additional fee,and with a proper this Certified Mail receipt,please present your -- endorsement on the mailpiece,you may request Certified Mail item at a Post Office-for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,ON it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Retum 5` •' - Receipt;attach.PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records. Ps Form 3800,April 2015(Reverse)PSN 7530-02-000.9047 3 1MF?�ETE THIS S ECTION ji COMPLETE THIS SECTION,OWDELIVERY • Complete items 1,2,and 3. A. Si alure ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, Received b rinted Name) C.D to of Delivery or on the front if space permits. C� l 1. Article Addressed to: D.is delivery address different from item 11 ❑Yes If YES,enter delivery address below: ❑No iS Cruet t-' C�rc12 Oz*7 IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I IIIIIIIIIIIIIII ❑ rity Mail Express@ $eul"SgnatureRe�,ctedDelivery ❑Rice Type 0 n�iseredMal Restricted ❑AAd�duult Signature ❑Registered MailTR3 �Certifled Mail® � D�ry ....9590 9403 0424 5163 7483 28 . ❑Certified Man Restricted Delivery t8'Retum Recelpt for ❑Collect on Delivery - Merchandise ArtirlP NumhPr?rancfar from cPrvicarahs,n .�_� r�0 Collect on Delivery Restricted Delivery ❑Signature.ConflrmatlonTM 7 015 i~.15 2 •�0 01 •2 2}7.34 31 O 4 '" ' xd Mail Restricted Delivery d Mail ❑Restricted Delivery nature lion PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt i t UNITED STATES,}-�, VICE Firsf°Clas siiRuil f Postage&Fees Paid USPS .. �' Permit No.G-10 • Sender: ease print your name, address, and ZIP+4®in this box• i TOWN OF BARNSTABLE BUILDING DIVISION 200 MAIN ST I HYANNIS, MA 02601 70-DW trw S�- USPS TRACKING# ljjjl 9590 94�3 04 y �1�1 �i �+ � f �i ����i 03/11/2016 16:00 5083627770 DEACON MUNROE HOUSE PAGE 01/02 AnthonyAlva Attorney at Law 3291 Main Street, F.O. Box 730 Barnstable, MA . 02630 �_., 62-8342 phone- & 362-7770 fax To: 1) Police Chief Paul MacDonald— Fax# 508 790-4167 2 ) Barnstable Building Department-Fax# . 508-790-6230 .3) Barnstable Health Department-Fax# 508-790-6304 From: Anthony Alva, Esq. Date: March 1 , 2016 Total Pages Oncludin this cover Sheet): 2 RGENT "" . Clien t/Matter No.: Notice of Immediate Action Being Taken-by Landlords of Condo Unit-D, -70 Winter street,._Hyannis, MA 02601 Comments: Dear Chief MacDonald and Barnstable Health and Building Departments: This office repre ents the landlords of Condo Unit D, 70 Winter street, Hyannis, MA 02601. Attached is a .copy of the notice to quit served on the occupwits. Note that the .home seems to be overrun with visitors who are not tenants, transient, and with no authority to live at the home. Th s office has been retained to stop the problems caused by these individuals, which may include eviction. Further, the landlords are doing all they can to comply with all town, building, and health department regulations and orders. You are urged to contact ffice is you need assistance or have any questions or an in ation that may helpful. Further, please contact my office if it new issues ar' Sinc , Anthony a, Esq. cc: K. & E. Wi Attachment STATEMENT OF CONFIDENTIALITY The documents included with thi facsimile transmittal sheet contain information from the Law Office of Anthony Alva,which is confidential and or privileged.This information is intended to be for the use of the addressee named on this transmittals eet. if you are not the addressee, note that any disclosure, photocopying, distribution or use of the contents of this faxed information is prohibited. If you have received this facsimile in error, please notify us by telephone listed in the heading above immediately so that we can arrange for the retrieval of the original documents at no cost to you. f Town of Barnstable THE 1p�, Regulatory Services Richard V. Scali,Director MRNSTABLE. ; Building Division BARNSTABLE 9 MA9& xas'oxs ixisu2aa lb 1639. �� Thomas Perry, CBO 1639-2014 ArFD 11'°�p Building Commissioner fag 200 Main Street, Hyannis, MA 02601 www.town.barnstable.m axs Office: 508-862-4038 Fax: 508-790-6230 February 18, 2016 f Kenneth F & Ellen L Willett RE: 70-D Winter Street 15 Crest Circle Hyannis, MA 02601. West Yarmouth, MA 02673 Map: 309 Parcel: 242-OOD EXIT ORDER Dear Kenneth & Ellen Willett, This letter shall serve as notice that the building department has become aware of building code violations at the above referenced address. In accordance with 780 CMR R310.1 you are hereby notified that the areas used for sleeping in the basement are declared dangerous and unsafe and their use must cease immediately. Please contact this office at 508-862-4033 with any questions to avoid further action. Thank you for your anticipated cooperation in this matter. By Order, /'? Robert McKechnie Local Inspector 03/11/2016 16:00 5083627770 DEACON MUNROE HOUSE PAGE 02/02 7 AY' NOTICE TO QUIT AND VACATE March- 10, 2016 From: ' Landlords Ken F Willett and Ellen `Willett, 15 Crest Circle, west ,Yarmouth, MA 02673 To: Kevin Wilkens on, Renato Cagno, . John; John Doe, Jane Juan Doe, Juanita Doe, jao Doe and Jaonna Doe, and all other occupants, Condo Unit D, 70 Winter Street, Hyannis, MA 02601 Dear Kevin Wilkenson, Renato Cagno, John, John Doe, .Jane Juan Doe, Juanita Doe, Jao Doe ud Jaonna Doe, and all other occupants, Because of the di ruptive and/or unlawful conduct of yourselves, and your guests, all putting you. in breach: of any and all tenancy and/or occupancy agre ments, you are to quit and vacate and to deliver up the premis s now you by you within. 7 days after your recei.pt 'of this notic from the premises located at Condo Unit D, 70 Winter street, Hyanni , MA 02601. This notice is no an admission that any or all of you are lawful tenants. You may be c nsidered either as trespassers and/or tenants at sufferance. The La dlords reserve all rights at law to remove any and all trespassers who are not otherwise were, or. are, tenants. Any payment made y you will not be accepted as rent, but for your use and occupancy only, with a full reservation of rights by the Landlord. Your- failure to vacate as required by this notice will result in action at law to seek your eviction from the rental. You are required to bring a copy of th' s notice with you to any court proceedings on this matter. This notice supersedes any and all other notices to vacate you may have r ce iv f. ,, .._:.. LANDLORDS F. WILL T ELLEN WILLETT BY LEGAL C NSEL Anthon torney at Law 3291 Main Street, F.O. Box 730 Barnstable, MA 02630 Phone (508) 362-8342 cc: Landlords Town of Barnstable TOWN.OF B,,3—T F ° Y xe r o Regulatory Services ��LE T = Thomas F. Geiler,Director a.+.wasraB[.e 211,11 VEC -- PH, 3. +O 7 M S& Building Division 1659• �r�D►�'� Tom Perry,Building Commissioner 200 Main Street, Hyannis, MA 02601 t " 1V-i Tt, www,town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-623( PRRMIT# FEE: SHED REGISTRATION 120 square feet or less Location of shed (address) Village Prope owner's am Telephone number l Size of Shed Map/Parcel # j 1 0C) Signature V kDate Hyannis Main Street Waterfront historic District? Old Icing's Highway Historic District Conunission jurisdiction? . Conservation Commission (signature is required) Sign off hours for Conservation 8:00-9:30 &3:30-4:30 PLEASE NOTE: IT YOU ARE V4 rf HIiv THE JURISDICTION OF ANY OF THE ABOVE COMMISSIONS,THERE MAY BE A REVIEW PROCESS AND APPLICATION FEE. - PLEASE SEE THE.APPROPRIATE COMMISSION FOR DETAILS. TINS FORM.' MUST BE ACCOMPANIED BY A PLOT PLAN Q-forms-shedreg REV:042506 s,7 ' k Q u o Q Q � ti2Q ! bti Q � hQ h QQQ ; is•ao iac �v \ Y O ,IDO u6 S 41 t 003 epee °2 0 Ci' ` p eovbiu Re0 EO'6P 6:D6` ♦0 °2UKQ� 4 Oa e i � JCk 0 Q ° 4 0 ° Ot FF•9 0 �hJ Q � �° Z O � sc�s✓ 4�a e O Q F � .WhooQ � i�'as � ba•ss I 6s'a�/ `I 9DrF ���JQ W:`�O�oy /tr use, a� e0O N �hd�W d QW►•WaW4 �Q�eevo p<�`' � d r Weiiyuy h ear Q Q uh�hW2� V c ° ,,h�WhWtiW r y w.i t a M� w l- a G a- ..__ . 1.4 oO 4 f x ,may .. .'.w "0- �,. n, �� y `� ,. � .. �, :',�. �. •Fxk ,�'�' Ff v 14 ' g # TI 70 Winter St, Hyannis 2/28/2014 k , s � E � k ',. 'a -. � ''a .� •' ' a> 4 �r w A y 70 Winter St, Hyannis 2/28/2014 y z , 70 Winter St, Hyannis 2/28/2014 N I 4 � i _ s S t � ONO N �; k f t 1 1 F 70 Winter St, Hyannis 2/28/2014 r 4. i K.. 4 1 'd F' o f .. 4 a v � Y '� 3✓' yy� htiE 4 h r � .1fiF w"': AMA` d 70 Winter St. Hvannis 2/28/2014 r F u e9 :I 70 Winter St, Hyannis 2/28/2014 t � w 9 f 4 n r A e } f t pa j i 70 Winter St, Hyannis 2/28/2014 1 V S' �a 3- .A i C ti F �- tM y ..Y -���'r•-leas,.h.s y��_ �_.. .r.N A,� �^�i,� pr 70 Winter St, Hyannis -2/28/2014 " f r bh S ^6 eA'. �� ry 70 Winter St, Hyannis 2/28/2014 A Aw is { a . I r rt N or 70 Winter St, Hyannis 2/28/2014 { e s r P 1� a ' r t rry a 4 k �P 70 Winter St, Hyannis 2/28/2014 P e y 4 ask, v y yf 1.ep rtL Y 1 rM K, W x �r M t i' ' .ak , m n r r yy l n f 70 Winter St, Hyannis 2/28/2014 Town of Barnstable Regulatory Services 'IKE Thomas F.Geiler,Director • Building Division ' OF Mxrsraar.E, : MASS. Tom Perry,Building Commissioner c a 200 Main Street, Hyannis,MA 02601 hpw25 www.town.barnstable.ma.us Office: 508-862-4038. 568-7,90.6230 Approved,, Fee: Permit#: e HOME OCCUPATION REGISTRATION Date: Name: �.. 1 t C1G Phone#: � 1 ! / G - � Address: 10 W 1 4?i (�- Village:_��_�N fJ1 'b Name of Business: 't UA R-)C, _ 1 V-r l A 1.- C LE .n w i ti ca c].F-e� J ZC.e Type of Busmess:��, 1&)C�Q. Map/Lot: � INTENT: It is the intent of.this section to allow the residents of the To«u of Barnstable to operate a home occupation vvit hin single family dwellings,subject to die provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dNvelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything,other tian.a residential use;no increase ii traffic above normal residential volumes; and no increase in air or groundwater pollution. After registration Arita the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by die permanent resident of a single family residential dwelling unit,located hhath in that dwelling unit. • Such use occupies no more than 400 square feet of space. •. There are no external alterations to die dwelling which are not customary it residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not iivolve the production of offensive noise,vibration,smoke,dust or other particular matter; odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities.: • Any need for parking generated by such use shall be met on the same lot containing die Customary Home Occupation,and not within die required fiont yard. • There is no exterior storage or display,of materials or equipment. • There are no commercial vehicles related to tie Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on die same lot containing tie Customary Home Occupation. • No sign sli<all be displayed indicating die Customary Home Occupation.. • If the Customary Home Occupation is listed or advertised as a business,.die street address shall not be included. • No person shall be employed,ii tie Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned,have read and agree Fviti die above restrictions for my home occupation I an registering. Applicant: Ue)A t`..tin i C� Date: Q L'? .16 ! 4j— Homeoc.doc Rev.01/3/0$ YOU WISH TO OPEN A BUSINESS? I<� For Your Information: Business certificates(cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, 1st FI., 367 Main St., Hyannis, MA 02601 (Town Hall).and get the BUSiness-Certificate that is required by law. :: DATE: 0 H ;Z 5�4 lease: ML _ Fill in VID N i ,x, n APPLICANT'S YOUR NAME/S: �'iC�� Usvt 17 , L A BUSINESS YOUR HOME ADDRESS: >7 5 i C TELEPHONE # Home Telephone Number o NAME,OF`CORPORATION _ iJ r� ` 2 f✓; t lA ry r: A(� :i / A M► +J`cam (ateD Lam. NAME OF NEW.BUSINESS TYPE OF BUSINESS IS THIS A HOME OCCUPATIONS YES NO ,r ADORESS.OF:BUSINESS C7:' C nlf MAP/PARCEL';NUMBER "" lY(gssessmg] When starting.a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING CO ISSIO ER'S OFFICE MUST COMPLY WITH HOME OCCUPATION This individ I h� s b n info Mn y rmit re ui ementsthat pertain to this type of busi&AES AND REGULATIONS. FAILURE TO 4u on Si n e** . COMPLY MAY RESULT IN FINES. M EN 1A IL_ (, ' t 2. BOARD OF HEALTH /Q) Ci` '.m This individual has been informed of the permit requirements that pertain to this type of business. QrL Authorized Signature* COMMENTS: 3. CONSUMER AFFAIRS(LICENSING AUTHORITY] This individual has been informed of the licensing requirements that pertain to this type of business. Auth orized Signature" 9 na ure COMMENTS: Page 1 of 1 Anderson, Robin From: Lt. John Cosmo Ucosmo@hyannisfire.org] Sent: Thursday, February 11, 2016 8:52 AM To: Anderson, Robin Subject: FW: Illegal basement apartment From: Lt.John Cosmo Sent:Thursday, February 11, 2016 8:08 AM To: 'Patrick.franey@town.barnstable.ma.us' <Patrick.franey@town.barnstable.ma.us> Subject: Illegal basement apartment Patrick, Last night our ambulance responded to 70 Winter Street Apartment D. Upon arrival they found the patient in the basement. This property has been an issue in the past with people in the basement I will also forward this to the zoning officer. Thanks for your assistance Lieutenant John Cosmo- Hyannis Fire Department 95 High School Road Ext. Hyannis, MA 02601 Tel: (508)775-1300 Fax: (508)778-6448 I I i 2/11/2016 9 � ti� c ; i a _ I z a � k �d 1 a ' ti p„ fi YS ' p is 1 . ice' Y� ,tAN h Ado 1 f r` �liar t.a< tA. y } s I� ,. I j I t `� � JUG -� �f Z _ . s i jr Ale u o f.. A r IL Affm IL e a r .ti r a n Page 1 of 1 Anderson, Robin From: Lt. John Cosmo Ucosmo@hyannisfire.org] Sent: Thursday, February 11, 2016 8:52 AM To: Anderson, Robin Subject: FW: Illegal basement apartment From: Lt.John Cosmo Sent:Thursday, February 11, 2016 8:08 AM To: 'Patrick.franey@town.barnstable.ma.us'<Patrick.franey@town.barnstable.ma.us> Subject: Illegal basement apartment A Patrick, Last night our ambulance responded to 70 Winter Street Apartment D. Upon arrival they found the patient in the basement. This property has been an issue in the past with people in the basement I will also forward this to the zoning officer. Thanks for your assistance Lieutenant John Cosmo Hyannis Fire Department 95 High School Road Ext. Hyannis, MA 02601 Tel: (508)775-1300 Fax: (508)778-6448 r 2/11/2016 i I ' °FIHE T° Town of Barnstable Regulatory Services � t t s + &U NWABIE, F 'KA gq. Public Health Division i6 �m Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Certified Mail: 7012 1010 0000 2850 8333 March 3, 2014 Lorne Fellows �70 Winter Street Apf �)�� .. Hyannis;MA 0—2601� CONSIDERATION OF FINDING THAT YOUR DWELLING UNIT IS UNFIT FOR HUMAN HABITATION; NOTICE OF CONSIDERATION OF CONDEMNATION In accordance with M.G.L. c.111, sec. 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General.Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter H: Minimum Standards of Fitness for Humans. Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable on February 28, 2014 conducted an investigation of a dwelling unit located at 70 (E) Winter Street Hyannis, MA. The owner's name of this dwelling unit is Kenneth Willet. The dwelling's occupant is Lorne Fellows and family. Conditions found-within the-dwelling, which give rise to consideration of finding of unfitness and consideration of condemnation, include 410. 750: Conditions Deemed to EndanLyer or Impair Health or Safety: 410.750 (A) - Failure to provide hot water. This information was confirmed by the occupant during.a conversation with Health Inspector Timothy O'Connell, R.S. on Friday February 28, 2014 and during a second conversation with the custodian onsite on Monday March 3, 20.14. 410.750 (C) Failure to.provide gas; failure to provide centralized heat. Observed disconnection of gas from/at meter. This information was confirmed by the occupant during a conversation with Health Inspector Timothy O'Connell, R.S. on Friday February 28, 2014 and confirmed again on March 3, 2014 during a conversation with the custodian onsite on Monday March 3, 2014. I . I i i Q`• \Order letters\Condemnations\70 winter unit EORDER.doc � I i t Failure to correct all of the above violations on or before March 7, 2014, shall result in automatic scheduling of a show-cause hearing before the Board of Health. This hearing will take place on Tuesday,March 11,2014 at 3:00'PM at the Town Hall located at 367 Main Street, 2°d Floor, Hearing Room, Hyannis. This show-cause hearing may result in the condemnation of your property at 70 Winter Street,Unit E. During this hearing,you will have the opportunity to be heard,present witnesses and documentary evidence in regards to this case. You have a right to request a hearing if written petition is received within (7) seven days. Failure to comply with an order of the Board of Health may result in the issuance4 of a non-criminal ticket citation of$100. Each day's failure.to comply with an order shall constitute a separate violation. Note: This is an important legal document. It may affect your rights. PER ORDER OF T BOARD OF HEALTH omas A. McKean, CHOIRS Director of Public Health Town of Barnstable i Cc: Kenneth Willett Owner I QA0rder letters\Condemnations\70 winter unit EORDER.doc _ I Town of Barnstable �pF tHE Tp� do Regulatory Services Thomas F. Geiler, Director BARNSTABLE, + y MASS. Building Division i639• �0 1639. Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXIT ORDER DATE: Z—Z$`— /C-1 LOCATION: —7 61 Oo v{Y,r —5 -P—q UNDER THE PROVISIONS OF 780 CMR, THE STATE BUILDING CODE, SECTION 3400.5.1, YOU ARE HEREBY ORDERED TO IMMEDIATELY DISCONTINUE THE USE OF THE CELLAR/BASEMENT AREA FOR SLEEPING PURPOSES. OCAL INSPECTOR YT SI AATCMRI 0F REC ODEM DE SAIDA DATA: LOCALIDADE: DE ACORDO COM 0 PROVISORIO 780 CMR, CODIGO DE CONSTRUCAO DO ESTADO, PARAGRAFO 3400.5.1, VOCE ESTA ORDENADO DE DEIXAR DE USAR, IMEDIATAMENTE, A AREA DO PORAOBASEMENT PARA 0 PROPOSITO DE DORMIR. INSPETOR LOCAL ASSINATURA DO RECIPIENTE Hyannis police raid nets drugs, two arrests CapeCodOnline.com Page 1 of 1 d Hyannis police raid nets drugs, two arrests By Patrick Cassidy July 28,2011 3M PM HYANNIS-Police raided an apartment on Winter Street last night where they confiscated a large amount of drugs and cash and arrested two brothers on drug trafficking charges. The raid was part of a two-month investigation by the Barnstable Narcotics Division and members of the recently formed street crime unit, Barnstable police Det. Lt. Sean Balcom said. During the investigation detectives learned occupants of the apartment were allegedly supplying powder and crack cocaine to several local drug dealers, Balcom said. Following a series of undercover drug buys, about nine detectives and street crime unit members served a search warraff'las n'�'niight at 70 Winter Streeet,Apt.A;,he said. Two men-Terence Silvera, 24, and Tyreke Silvera,26-attempted to flee through the apartment's back door but Barnstable police Det.John York was able to tackled them both, Balcom said.As they were fleeing one of the men threw a bag of cocaine, he said. Two women fled the scene in a sport utility vehicle,striking and injuring a member of the street crime unit in the process.The injured officer was treated and released from Cape Cod Hospital, Balcom said. "They had some pretty significant contusions,"he said. Although they escaped, police know who the women are, Balcom said, adding that the women will face multiple criminal charges when they are caught. Police found more than$5,500 in cash,about 150 grams of power and crack cocaine in the apartment as well as Oxycodone, Methadone, ecstasy and marijuana, Balcom said. The street value for a gram of cocaine is about$125. "It's worth a lot of money," he said. The Silveras were charged with trafficking cocaine,three counts of possession of a class B substance with intent to distribute and possession of marijuana with the intent to distribute. Therrien were arraigned this morning in Barnstable District Court.Terence Silvera was held on$25,000 bail and Tyreke Silvera was held on$20,000 bail. In October police arrested.Terence Silvera in the same apartment complex and charged him with trafficking cocaine, Balcom said. He was indicted in Barnstable Superior Court and was out on bail until Wednesday night's arrest. Copyright©Cape Cod Media Group,a division of Ottaway Newspapers,Inc.All Rights Reserved. ti http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20110728/NEWS 11/11072968... 7/28/2011 Message Page 1 of 1 Edson Linda To: Buntich, JoAnne Cc: Giangregorio, Robin; Perry, Tom Subject: RE: 70- 1 Winter Street JoAnne I just spoke the condo association head. Ken Willet. He is doing the affidavit for Tom Perry to sign. This unit has been a bone of contention to the condom association for years. The owner created an illegal apt in her unit. They fought to have her remove same. She finally got them to agree to let her go into amnesty. I have al letter that I will attach that shows that the condo assoc. agrees to let her do this. I've been working on this one for over 2 years.. Linda -----Original Message----- From: Buntich, JoAnne Sent: Wednesday, January 09, 2008 3:00 PM To: Perry, Tom; Edson, Linda; Giangregorio, Robin Cc: Dillen, Elizabeth Subject: 70- I Winter Street Hi, Ms. Loretta Belboda has called here a few times looking to apply to amnesty for an apartment at this address. To date we have no referral to the program from you folks. Are you familiar with this property? Can you advise us of the status? Assessor's have this listed as a condo unit, there appear to be 3 structures on this lot. Thanks, Jo Anne Jo Anne Miller Buntich Special Projects Coordinator Town of Barnstable Growth Management Department 367 Main Street Hyannis, MA 02601 p 508 862 4735 f 508 862 4782 joann.buntich@town.barnstable.ma.us 1/9/2008 Coo� or� i /rb Lp V r oFtHE ram, Town of Barnstable Regulatory Services • BARNSTABLE, Muss. g Thomas F. Geiler,Director n;a. Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-8624038 Fax: 508-790-6230 AMNESTY APARTMENT ELIGIBILITY VERIFICATION Re: �� ��• q — O� Date After reviewing the street file of the above named property, I verify, to the best of my knowledge, that the apartment was in existence before January 1, 2000. This property is now eligible to apply for the Amnesty Program. Tom Perry Building Commissioner F. WILLETT SR. 15 Crest Circle W. Yarmouth MA 02673 Phone(508) 771-7149 Fax(508) 771-9403 January 12,2008 Town of Barnstable 367 Main Street,3rd floor Hyannis MA 02601 Attn: Madeline Taylor To Whom it May Concern: Subject: Amnesty for Condo 1-70Wnter Street,Hyannis MA 02601 This is to certify that I became Condo Manager on June 1, 1999 and at that time there were people living in the one bed room apartment in Condo 1. Sincerely, Kenneth F. Willett Condo Manager K. WILLETT SR. 15 Crest Circle W. Yarmouth MA 12673 Phone (508) 771-7149 Fax(.508) 771-9403 April 28, 2003 Town of Barnstable Building Commissioner 367 Main Street Hyannis MA 02601_ SUBJECT: 70 Winter Street, Condo I, Hyannis MA .02601 - Unlawful 1 --bedroom apartment and 80 Winter Street,one family home. I, Kenneth F.Willett Sr., condo manager 70 Winter Street Condo Trust:. The owner of Ccondo I has split her condo in half and made a one bedroorn apartment with a full kitchen and rents it to subsidised housing. I havo called the legal department in town hall and they directed me to the Building Department. I then called the Building Inspector of Hyannis on March 12, 2003 and after calling him several times I spoke to him April 2, 2003 telling me the investigation is on going and when he found out something he would call me. Today is April 28th and no phone call yet. My next issue is 80 Winter Street that is a single family home turned into a rooming house. It is a disgrace to the town of Barnstable. There are unregistered vehicles parked there and several registered vehicles parked there. I know rooming houses and apartments have to be certified by the building department,fire department and health department the sarro,as if you built a new home. I believe the Salvation Army and Homeless Shc1ter are enough for any neighborhood. would like something done within the law with regards to the rooming house and illegal apartment. r Sincerely, / Kenneth F. Willett Sr. Condo Manager 70 Winter Street Condominiums Trust Trustee-Ellen L. Willett 15 Crest Circle W.Yarmouth AAA 02673 508-771-7149 January 1, 2007 Town of Barnstable 200 Main Street Hyannis MA 02601 Attn: Robin C. Giangregorio Subject: Amnesty for a one bedroom illegal apartment attached to Condo I at 70 Winter Street,Hyannis MA 02601. On December 2, 2006 at a meeting of Winter Condo Trust it was agreed between the property owners and Bernice Phillips that the Condo Association would approve of the amnesty of the illegal apartment attached to Condo I. Ellen Willett Kenneth F. i ett Condo Trustee Manager cc: Bernice Phillips oFt rq,,, Town of Barnstable Regulatory Services ■ M 9snxx S. Thomas F.Geiler,Director �p .i639 10 rF1639 Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4024 Fax: 508-790-6230 February 5, 2008 Ms. Loretta Belboda Box 653 Hyannis Ma 02601 RE: Illegal Apartment: 70-1, Winter Street Hyannis MA 02601 Map: 309 Parcel: 242-001 Dear Property Owner, This letter is to inform you that you currently are in violation of Barnstable Zoning Ordinance 240-24.1-6. The town has determined that you do not qualify for the Amnesty Program. The Apartment must be removed at once and the condo unit must be restored to a single family unit. You must contact this office by February 22 , 2008 to arrange to bring the above address into compliance or be subject to fines of no more than$300.00 per day of non- compliance. Thank you for your attention in this matter This property must be restored to a single family home. By Order, U. a Edson Amnesty Zoning Enforcement Officer Building Department Q:zoning5 �� c,�� � � O r ! t��� : Caw The Town of Barnstable Office of Community and Economic Development 230 South Street Hyannis,MA 02601 Kevin Shea Offlee: 508-862-4678 Director Fax: 508-862-4782 June 5,2003 Mr.John C.Klimm,Town Manager Gary Uv is,President Barnstable Town Council Barnstable Town Hall 367 Main Street Hyannis,MA 02601 Re: Bernice Phillips,70 Winter Street, -a s' le-f accessoryunit; Martin Trayw ck, 149 Sea Street,H� a multi-family apartmentuilding Gentlemen: This letter is to inform you that the Accessory Affordable Housing(Amnesty] Program has received a request(s) for a project eligibility letters) under the Community Development Block Grant (CDBG)Fund and under the General.Ordinances of the Town of Barnstable,Article LXV- Pre- existing&Unpermitted Dwellings and the Criteria for the Local Chapter 40B Program The Amnesty Program is reviewing the request(s). If the Town has any comments on the project(s), please forward them to me so that they can be addressed in the site approval letter. This letter gives you official notice of our receipt of the above application(s). We will issue a decision as to the acceptability of the site(s) and the consistency of this development within the guidelines of CDBG. Sinc rely, Kevin Shea,Director Community&Economic Development cc: Town Attorney's Office Barnstable Housing Authority Building Department Public Health Department File:Q:CommDev/PT/AMS/REQLE1TRdoc I �oFt ra,, Town of Barnstable Regulatory Services ` B" MASS. " Thomas F.Geiler,Director y Mass. g �A i639• ♦0 rEVN,prs Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 August 1, 2006 Ms. Bernice Phillips 70 Winter Street Hyannis MA 02601 Re: Illegal Apartment: 70 Winter Street Hyannis,Ma. 02601 Map: 309 Parcel: 242 Dear Property Owner: Our records indicate that your house at the above-referenced location is currently being used as a multi-family home,which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty Program • Prove that this is a legal multi-family home. Please contact this office immediately-to tell us what direction you wish to take. S'ncerelyy,,� Linda Edson Amnesty Zoning Enforcment Officer Building Department gforms:zoning3 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 0DJ- R4P Parcel Permit# 4 _ Health Division Date Issued Conservation Division Fee Tax Collector � 141 1 0< Application Fee Treasurer. Planning Dept. Checked in By ' Date Definitive Plan Approved by Planning Board Approved By r Historic-OKH Preservation/Hyannis `V Project Street Address Village 41 r -S Owner hlo 4i42 C— LIJ 6e2Lf ,4 r7' _ Address �fy GPI i� �;r®C 1 &ZVA9YY0th Telephone -:2 Permit Request _ 4- Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new eG Valuation Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) 49 _ Age of Existing Structure C2 5 Historic House: ❑Yes U'll'o 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 Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage:❑existing Cl new size Pool:❑existing ❑new size Barn:0 existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use��yr> i w Proposed Use A�( ILDER INFORMATION Name Telephone Number �2 7 / 71 V 7 Address f�/P PS C l License#�e5 QjG ome Improvement Contractor/�S Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE ��� - F"' FOR OFFICIAL USE ONLY ` n PERMIT NO. DATE ISSUED MAP/PARCEL NO. - ADDRESS VILLAGE 1 , OWNER DATE OF INSPECTION: , •'r FOUNDATION ' FRAME INSULATION FIREPLACE + ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL' GAS: ROUGH .[ FINAL FINAL BUILDING dy DATE CLOSED OUT ' ASSOCIATION PLAN NO. f r I The Commonwealth of Massachusetts - Deparlment of hidslst al Accidents ' Office of Investigations• • 600 Washington Street - Boston,MA 02111' www.mass.go.. is Workers' Compensation Insurance Affidavit: Butiders/Contractors/Electricia&/Plu abers 3 iicant Information _ Please Print Le bl • Valne P*=s10rganiza 0"'1ndividuai): Address: Phon �T City/State/7�p:: kre you as employer? Che the,appropriate box:. ;Type of project('required):• [� Z am a em lover with 4. ❑ I am a general contractor and I %6•.[�Now construction. to•ees full and/or part-time).* have hired the sub-contractors 7 ❑ Remodeling Y ( listed:on the attached sheet,I [� I am-a sole proprietor or partner- Demolition andhave no employees. � These sub-contractors have ,8• '❑ ship workers' comp.insurance. 9• M Building addition ';working for Mein any capacity. [No ywork�y concp•insurance 5• ❑ Yee area corporation and its 10.C]Electrical repairs or.additions aired] officers have exercised their }• I a n a homeowner doi_i�g all.work . right of exemption per MGL 1Y•❑ P ing repairs or additions c. 152,$1(4),and we have no.. 12 Roof repairs myself[No workers comp. to ees. o workers insurance required.]tcioP Y 1 Other comp.insurance required.]I ' Any ap,1i=t thef checks box#1 must also fM out the section-below showing their workers'compensation policy information � '" • '' 'Homeowners who sabmittbis affidavit indicating they are doing all-work end then hire outside contractors must submit anew affidavitindi �U h. Contractors that check this box mast attached an additional sheet showing the name df the su1>-c=1ractors and their wcrkets'•�omp f ey f am an employer that is providing workers compensation insurance for my employees.'Below is the policy and job site, Information.' [nsurance•CompanY Name: Policy#or Self-ins.Lic.#: Expiration Date Job Site Address, City/State/Zt: Attach a copy of the workers' compensation policy declaration pgge(showing the policy number and•expiration date). Paihze to,secure coverage as required-under Section 25A of MGL e. 152 cari lead to the i3nposidon of cnmmalpeaalties of a fine up to$1,SOQ,.OQ and/or one-year imprisonment,as}well as civil penalties in flee form of a STOPVORK ORDER and afire of up to$250,00 a day against the violator. $e advised that a copy of this statementnzay ire forwarded to.the Office of Investigatidns of the DIA for insurance coverage verification. I do hereby certify under the pa and penalties of pe '��ation provided a ove is true and correct. Si stare: Dater Phone* Of use only. Do not write in this area,to be completed by city.or town official. City or Town: PermhUcense# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6,Other CoutactPerson: Phone#• nation and InstructiOn Infor s. ter 152 fequfres all employers to provide workers' compensation for their employees. Massachusetts General Laws person in.the service of another under any contract of hire, pursuant to this statute, an emplaYee is defined as ,...every express or implied,oral or written." . ' . two or more `: W pal,,paMer VP,,association,porporatnon or other legal eatit5', ?�Y ,. An enplayer is defined a . resenitatives of a deceased employer,or the of the foregoing•engaged in a joint enterprise, and inchidmg the legal rep , association or other legal entity,employing employees. HOWCYeroe receiver or trustee of an individual,p ant of the owner of a dwelling hous a having not more than Three aparnnerrts and who resides therein,or the occup Ilia house of another who employs persons to do mainteniaace,construction or repair woi-kron such dwellng house .dwelling thereto shall not because of such employmeatbe deemedto be an employer." or on the grounds or binding app 25 C also states that"eve state.or local�lkeasing agency shall withhold the Issuance or MGL chapter 152,§ (� .n'.-. i f a license or pew to operate.a business or to construct buildings in'thetommonwealth for any •renewal o a geant who�has not produced�acceptable evidence-of compliance with the insurance coverage required."_ pp ter 152, 25C states"Neither the comawttwealth nor any of its-political subdivisions shall AdditiouaAY,MGL chap .• $ (� . to contract for the performance of putlic work until acceptable evidence of comg�iance wide the insurance eater m any have been presented to the contracting authority. iegniremerrts of'this chap ter Applicants b' checimng the boxes that apply to Your situation and,if. Please fill out the workers' compensation affidavit completely, y their certificate(s)of supplysub-contractors)name(s),addresses)and phone numbers) along with necessary, • with no employees other than.the . insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(I,LP) members or p artners; are not required to carry workers' compensation insurance. If an LLC or LLP does have o ees a.policy is required. Be advised that this aff,idavit may b e submitted to the Department of Industrial empl y. Accidents for confirmation of insurance coverage.. Also be'sure to sign and date the affidavit: The aepa��t a ld lication for the permit.or license is being requested,not the Dep be returned to they or town that the application o� &��_.- al Accidents. Should Industrial xou have any questions regarding the law ar if you are regnired to antes should eater thefr compensationpolicy,please callthe Department at the number listedbelow.. Self-insured comp Hate lime. self insurance license number on the approp . city r Town Off vials . provided a space at the bottom Please be sure that the affida it is complete and printed out the event the Office lnvestigati rite has to contbly. The DepmIlment hasactyou regarding the applicant. of the affidavit for you to fill heant Please be sure'to fiII in the periA tlhcense number which wfilbe used as a reference number. In addition, i app please b t submitmultiple Permit/license applications in any given year,need only submit one affidavit indicating current oli information(if necessary)and under"Job Site Address"'the applicant should write"all locations m______the or 10* »A copy of the•affidavit thathas.been of5ciallystampe d or marked by the city or town may be provided to the applicant as proof tb at.a valid affidavit is.on.filo for;future V hermit n t related to any mes..jk new ess vi e year,Where a home owner or citizen is obfaining a hcense or p lete this affidavit (i.p.a dog license or permit to bum leaves etc.)said person is NOT required to comp tions would Ip to thaz'k you in advance for your cooperation and should you have any questions, The 05ce of lnvestig'a please do nothesitate to give us a call. TheDepV=ent's address, telephone and fax mimbea: The Commonwealth of Massachusetts . . Department 6f labstrial Accidents . ..Office q Investigations r. 600 Washington 'Boston,MA 02111, "Tel.#617-727-4900 ext 406 or 1-877 MASSAFE r Fax#617-727-7749 V PviaPA 5-16-05 www.inass.jzov/aa _.._..._....._....... I EXHIBIT "B" (WINTER STREET CONDOMINIUM) i DESCRIPTIVE SCHEDULE OF CONDOMINIUM UNITS - `I As REQUIRED BY G.L.C. 183, 5 8(d) - ttt Approximate Area Plumber of Immediate Common Area to Unit Designation Location Square_Feet Rooms Which Unit Has Access A Building #1 1759 1 6 Grounds M B Building #1 177.9 # 6 Grounds C C Building #1 1779 1 6 Grounds .A D Building #1 1779 1 6 Grounds E Building #1 2772 1 6 Grounds i � - m F Building #2 . 1169 1 6 Grounds G. Building #2. 1189 1 6 Grounds H Building #2 .1189 1 6 Grounds Building #3 1799 1 10 Grounds I 47-�'... rw l`7"4.a+t �` --.:s•w.rr.'i'"°'c _ �.-T,q�a�y r...•^�+ic�"^_ "` :"'Z4.�_ M-r-. w+.7'.Y� � :+; h� b:,). t' _. ..a� ia � p • �...., y '7,r��, i .-V-i'ri -'_''.." ``: _ 1';.�"'.•. i -J d i� "� ••Y. t -v a. .',E,y Mom. Q.-,y.a. 1�•iu'iT ai - " �fAv/T q v? B uN/T G v/T O f/NJT E. •\ !/N/T F V/T w C .. - . .leo fa.L•� ' 7 - iz. ./J .sf P'/O FL OOR t�JY.P. I�OK R. LOLL R. lN'KR L�KR. d9I SF d9�S.L Z � d91 S.F , B U/4,0/1vfj —7 1"•o FLOOR !NO FLOOR ' ,u/TI Ks //O /�O /�O /)O— /ems i�f O Z Sf!l f1.L T •; ISG S./ 4 Z 2 ,J v Y V /ALL R. /I�KR! /D KR. /a FL•!. /D FG.l. /a Q_ / EAR. /c R. �•!G)rSL SSS a � SDS SL. S9S✓/' SDS s S9S a � SDS J<L: TDS S.L: , S9S s.L /sr FLOOR / Ir FL OOR ------------- S90 a.L ; ., S90.s.F SOO S.F. df0 d.I S!O J.O s. _ - • - '�' • j B/'7SEMENT e<evix.o sc v ocoiers>c c.ovau�Lec.>rioN, /.reo / .+acR QNn o/Mcws/o.vs o BF7R/VSTF7BLE-MASS. NUMOGRC0.4 rNRO✓GNS/NC<uS/E/N aui<O NQJ PRrf�RCO LOR M R rJr�/9er _C�- Cam.. 1t//LATER ST RE/74.7-y TR- !Qu<c5 q O Rl6u[9r O.Kf er T.vca //,, 4, M�aR.r-f•/)L SfR<c+�6�/'-O Rc0/Sr Qs y 011O a.•• 9 M 4� SS. uu 2 e� Mlt 17 II of'bl•82. N, D aJ{ c ocgrioN MpP' pO.00 (P,./vgrE; �'1�iQY \ - ' sogc E:/%teoa N B7 I re.ei 4 FOR REr./,y T.py USE 90.09 0 L h9 � Qt//LO/NG p h 6 w .?N/RLEY G q q UN/TS A ei C.10 0 - ♦v 24, 979 s-F .94 oa'E O Quito/N O + G ✓ a ^I �N .� O p - A .y�a � y I n� uNirs�G l !/S ` T UN/T I 9j I � Ne7'`OSS�•L /y�F ,YEST P/NE u 8 A !R . .� O , 01 \� 01 1.za.f eve Q i t `S G'Eq!/FY TN.9T TN/S PL/►N iY/LLY qN0 •- gCCU.rqlELY OEP/CTS THE COCpT/ON qN0 O/ ' FuccY c/erQ THE uNirs CONlq/NEp TNCRE/N-a� .404 AW O.r' L/4N1 "S CERT/FY TN.OT TIyE PROPCRIY G/NES SNOI✓N ^.jqR-tS/94t m C �_-`.ON TN/S PC.VN qRE THE L/NES O/✓/O/NG EX/ST/NG t � -`� L OC.OTEO. /N OWNERSN/P qN0 THE L/NTS OF THE SlRG'E rS qN0 /-� NAYS SNOWN qRE TNgrE O/r/>t/.OL/C OR PR/Y.VTE' B/YRNS T�s Bl E�M�SS ' S lREETS OR Wq YJ gLREgOY C3'TgQL/SNEO qN0 TNgT NO NEW L/NES FOR O/v�S/ON OF EX/ST/Np .OREPgREIJ FOB OWNCRSN/PJ'OR FOR NEW/�q Y3 pRE�.Tn•VWN.�/ M.vT.�S/9aL ©o.-..�C�_ 'j!. "s CETT/FY TN.OT T/3 PCgN CONFORN� ��NTER SST. REf7LTY TRUST 70 !NE Rt/LES qN0 RC Of/CAT ONS O�TNE ' REC/STER.S OF pCEO S�."_./ �t�6'• MFT.P 2S/9s2 .DAvt, ,oLgN NO..�PSr F/LE NO. ///aq [NAil.1 (� ,a ?BOtl1 .: OggWN Q✓:✓.S. N.B. '/.3.9 - - O /O tb ✓I .N GO �'�-o a�tTt�'O� C'Q/'E F'/S<.O!vOS SU.Q✓6Y/NG�/NC. 363-/31 The Town of Barnstable N BARNSTABLE. • Department of Health Safety and Environmental Services ti MASS. a-p s6.19. TED na+ Building Division 367 Main Street,Hyannis, MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Inspection Correction Notice Type of Inspection �' G /,0( / //-./ T /9� Location 74 W 1 r✓Te/r ST H /—Permit Number Owner L 0 / T-Teq Builder - One notice to remain on jobsite, one notice on file in Building Department. The following items need correcting: r !) W f1v% To( //a s f /16 o y'T 19/'T. r.y A0"r e is � L 7-1 C T /:�'o ---r -ni9,✓19 g iz t-7-7-e Fu j,n E,a r Title Z Coin o ^ioT 114V4- ,q Cqt XJ0, BUT oUl r� ,t/v j a 4 C C ,--3 S o X V 19 ffo pe D 4 e e e /i`a vS 1^' ? C A4. —7 C�c c —r G' Ad z ,7 7 p-lo iz S T,* t,J T y ��•,�i S /ole© c ,ram lv 2 t•v 7-/7' Please call: 508-862-4038 for re-inspe 'on. Inspected Y ected b a s G -j / "vl �' —T , Date `OFfNEtO�� The Town of Barnstable BARNSTABLE. Department of Health Safety and Environmental Services MAq Es6 p. Building Division 367 Main Street,Hyannis,MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Inspection Correction Notice Type of Inspection o /° A/1-/ 7- /r}/o 7'- Location 70 V 1,,,Tk-1z s 7- Permit Number Owner �-o /' T T 4 ROWN 9fAl AIZ TW wl c z e;-77,7 One notice to remain on jobsite, one notice on file in Building Department. The following items need correcting: /) S/0 O r< C Td /l�I�2. t,r i i c c /Tr Q N yza k10 ETre o /*7 ////7.7 Z %e 7_/M T % A r 7 o W/,,. rt-/7 s T /s e-GG i �A/ TO SQr�f w o v t 0 7-/,7- k K 3 To / A10 H T h' s 7-c 0v7- /9 ,0/, oY L oK iyo 7rt- iT is rye 7- All,/cV,r0 .Z tic/i�L C�,r✓ T�.� u fc w i T� Ca r�/°c s�i�✓ r Please call: 508-86 4038 for re-inspection. Inspected by Date evAL�- G 3 IMPORTANT MESSAGE For DcL-e fM. Day Time ��0d . M key► i ie4-4 i Of Phone FAX Area Code Number Extension MOBILE Area Code Number Extension Telephoned Returned your call RUSH Came to see you Please call Special attention Wants to see you Will call again Caller on hold Message c 0 i ir\ v, tt, \-N&L>( h0 —V -v—e s C-w\\S w o VI k wr Signed a,vvsLo e rnvel5dl-48023 ,� MADE IN U.S.A. -- I .. . - D.00UTfENT N0. 09985 Boor.3471 Page 33 DECLARATION OF TRUST OF WINTER STREET CONDOMINIUM TRUST THIS DECLARATION OF TRUST, made this23rd day of April ,` 1982 in the County of Barnstable and Commonwealth of Massachusetts , by: ANGELO ROSSO (hereinafter called the Trustee(s) , which term and any pronoun referring thereto shall be deemed to include his successors in trust thereunder and to mean the Trustee or the Tru stees for the . time being . hereunder wherever the context so permits. ) ARTICLE I Name of Trust The trust hereby created shall be known, as WINTER STREET CONDO- MINIUM TRUST and under that name , so far as legal , convenient and practicable, shall all business .carried on by the Trustees be conducted and shall all instruments in writing by the Trustees be executed. ARTICLE II The Trust and its Purpose Section 2. 1. All of the rights and powers in and with respect to t e common areas and facilities of the WINTER STREET CONDO- MINIUM, established by a Master Deed of even date and recorded herewith which are by virtue of provisions of Chapter 183A of the Massachusetts General Laws conferred upon or exercisable by the organization of unit owners of the CONDOMINIUM, and all property, real and personal , tangible and, intangible, conveyed to the Trustees hereunder shal:l.; :vest in the Trustees as joint tenants with right of survivorship as Trustees of this trust , in trust to ' exercise, manage , administer and dispose of the same and to receive the income thereof for the benefit of the owners of record from time to time of' the units (hereinafter called the Units) of the CONDOMINIUM(hereinafter called the Unit Owners) , according to th.e .schedule of undivided bene- '.ficial interesto set forth iri" Article IV hereof and in accordance with: the provisions of said Chapter 183A, this trust. being the organization of the Unit Owners s a e t Ulishcl pursuant to the provisions of Section 10 of said Chapter 183A for the purposes therein set forth. Section 2. 2. It is hereby expressly declared .that a Trust and not partnership has been created and that the Unit' Owners are .cestuis que trustent , and 'not partners or associates nor in any other relationship whatever between themselves with respect to the trust property, and hold no •-kelation to the Trustees other than of cestuis que trustent, with only such rights as are conferred upon them as such cestuis que trustent hereunder pursuant to the provisions- of said Chapter _ . 183A of the General Laws. ARTICLE. IT-I The Trustees ' Section 3. 1. There shall be- at all .times Trustees consisting of such number, not less than one' (1) nor more than. seven ( 7) as shall be determined from time -to time it Owners entitled not b .vote of the .Unit rs tled to . by .vote-. less than fifty-one ercent (51% of the beneficial . . P -interest hereunder': xxx uusaet(�Yx If and whenever the number of such Trustees : shall become . 'Less . than the number of' Tr .stees last determined as aforesaid, a vacancy or vacancies in said office shall be deemed to- exist. Each such vacancy shall .be- filled. by instrument in writing setting forth: . (a) the appointment of a natural person. to act as such ;Trustee, signed (i) by *Unit Owners entitled :'to not less -than fifty=one percent .(51%) of the beneficial interest hereunder, or (ii) if Unit Owners entitled to such:percentage have- not within- thirty (30) _days after . the. occurrence of any such vacancy made such appointment by. majority. vote .of -the then'-remaining trustees , or by the sole .remaining trustee if only one, and (b) the acceptance. of such appointment signed and ackhowledged • .by the- person so -appointed. Such appointment shall become effective upon the recording with Barnstable * County , Registry -of Deeds of a certificate of such appointment •- signed by a majority of the then .remaining Trustees or Trustee, -2- if any there be still. in office or by. Unit. Owners holding at .least fifty-one percent (51%) of each beneficial interest if there- be no such trustees , together with such acceptance; and such' person shall then be and become such Trustee-.and ' shall- be vested with the title to the trust property. jointly with the remaining or surviving Trustees or Trustee without the necessity of any act of transfer or conveyance - If for any reason any vacancy, in the office of Trustee shall con- tinue for more than -thirty (30) days and i£ such vacancy ' shall not be filled in the manner above provided, a Trustee or Trustees to fill such vacancy or vacancies may be appointed by a Court of competent jurisdiction upon the. application of any Unit,'-Owner . or Trustee and notice to all Unit Owners and Trustees and to such other, •if an y, parties in interest to .whom the Court may direct that notice be given. The foregoing provisions of this *. Section ,to the 'contrary. notwithstanding, despite any • vacancy . in the office of Trustee, however caused and • for whatever -duration-, the remaining or* surviving Trustees , subject to_ the provisions of the immediately following Section, shall continue- to exercise and discharge. all of the powers, discretions and duties . hereby conferred or imposed upon the Trustees . Section 3. 2.. In any matters relating to the administra- tion of the .*trust -hereunder and the exercise of the. powers hereby conferred., the Trustees - may act- by majority votes at any duly •called meeting- at which a quorum is present, • %as provided ' in paragraph A of Section 5. 8. of -Article V; • . . •'Y��1� / a/��x/�}'�x�x/n�x¢x¢�a�x�h,�•llx�•x1�1�p��/ - .: . • : .DX�a���=�1bck��c e�d�f/�cdt�ee�xM�f�ibaa,�fx�h��.1lic xile�cs s ' •"• ' ��a�c/x/X/(x/�/���/��iv(�sri /Tf�x,�/,x,�/ /,X�/a�/1x/ ' : " � •. h�tne/�n,6�c��s�ckx�xa�i�l�cl�i�� x�b��t���se�•e�/�6x,��X� b/� c�t xbxkx�sh�ca�ticxd �t4��/ f�� /z€� e . . • - a�cb�l /�/aw'�s�/� �f���fe��dXe����/�X��t�.�e'�� S th Vfc&;Vi/&�/I Z. The Trustees may , also act without a meeting by instrument signed by a majority. of their 'number ; :Sectiori 3. 3. Any Trustee may resign at -any time by instrument in writing; signed and acknowledged in the manner required in Massachusetts for the acknowledg- ment of deeds and such .resignation shall take effect . .upon the. recording of such instrument with said Registry of Deeds:' = After reasonable notice and opportunity to be .:heard.*before thecTrustees, a.Trustee may be removed from office with or without cause -by an instrument -in writing signed by Unit Owners entitled to not less than-.fifty-one percent •(51%) of. the beneficial interest + such .instrument -3- to take effect upon the recording thereof with Barnstable Registry of Deeds. Section 3.4. '. No- Trustee named or appointed as herein- • e ore provided, whether as original Trustee or as successor to or as substitute for another, shall be obliged to give any bond or surety or other security fore k • the performance of any of his duties hereunder, provided however that .Unit. Owners entitled to not less than fifty- .one ,percent (51%) of the beneficial interest hereunder -may at any time by instrument in writing signed. by them and delivered to the Trustee or Trustees affected required that any one* or more of the Trustees shall give bond in such amount and with such sureties as shall be specified in such instrument. All expenses incident to any such bond shall be charged as a common expense of the CONDOMINIUM. Section 3.5. Each Trustee shall ,be entitled to such reasona a remuneration for his services and also additional reasonable' remuneration .for extraordinary or unusual ser- vices,. legal .or otherwise, rendered by him in .connection ' with the trusts hereof, all as shall be from time to time- fixed and determined by vote of the Unit Owners entitled to not less than fifty-one percent (51%) of the beneficial ' . interest, and such remuneration shall• be a common expense of the CONDOMINIUM. Section 3. 6. No Trustee hereinbefore named .or appointed as erein efore- provided shall, under any circumstances or in -any event, be held liable or accountable out 'of his personal assets - or be deprived .of compensation by reason of any action taken, suffered or .omitted- in good faith or be so liable or accountable for more money- or 'other property than he actually receives , or for allowing one .or more of the other Trustees to -have possession of the Trust. books or : property., or be so liable, accountable or deprived by reason of honest errors of judgment *or mistakes or fact 'or law or by 'reason •of the existence - of any personal or adverse interest or by reason of anything except his own personal. wilful malfeasance and defaults . 'Section 3. 7. No. Trustee shall- be disqualified by his office rom contracting or dealing with.-the .'Trustees or with one or more Unit Owners. (whether directly or. . . ' indirectly because of his interest individually or the 'Trustees' interest or any Unit- Owner's interest- in any ' corporation, firm, trust or " other organization con nected with such contracting or dealing or *becaus a of • any other reason) , as vendor, purchaser or otherwise, nor shall any such. dealing, contract or arrangement . . .. entered into in respect of this trust in which any -4- Trustee shall be in any way interested be avoided nor shall any Trustee so' dealing or contracting or being so .'interested be liable to account for any profit realized by airy such dealing, . contract or arrangement by reason of such trustee's holding office or of. the fiduciary rela- tion hereby established, provided the Trustee shall act in good faith and shall disclose '.the nature of his interest before the dealing, contract or arrangement is entered into. Section 3. 8. The Trustee's and each of them shall be entitled to indemnity both put of the trust property and by the Unit Owners against any liability incurred by them . or any, of them in the execution hereof, including without limiting the generality of the foregoing liabilities in .contract and- in tort •and liabilities 'for" damages, penal- ties. and fines. Each Unit Owner shall be personally liable for all sums lawfully assessed for his share of the common expenses of the CONDOMINIUM and for his proportionate share of any claims involving the trust property in excess there- of, all as provided in Sections 6 . and 13 of said Chapter 183A. Nothing in this paragraph contained shall be deemed, however, to limit in any respect the powers granted" to the Trustee in this instrument. ARTICLE IV Beneficiaries and the :Beneficial Interest ;.n the Trust Section 4. 1 The cestuis que trustent shall be the Unit -Owners o the` -WINTER . STREET CONDOMINIUM at Hyannis . The beneficial interest in the trust here- under shall be divided among the 'Unit Onwers in the percentages of undivided beneficial interest appertaining to_ the. Units of *the . CONDOMINIUM as 'follows SEE: ' Exhibit C. Master Deed, a copy of which is annexed hereto, made a part hereof, . and marked Page 5A. -5- • t •t f EXHIBIT "C" (WINTER STREET• CONDOMINIUM) • PHASE I i UNIT PERCENTAGES OF COMMON AREAS AND 'FACILITIES A . 11.7 B 11. 7 C 11.7 D 11.7 E 11.7 F' 11. 1 G 11.1 H. 11. 1 No o I 8' 2 PHASE II A 11. 0 B 11.0 C, 11. 0 D 11. 0 E 11. 0 F 10. 5 G 10. 5 H 10. 5 I 7. 7 5. 8 -5A- Section 4. 2. The beneficial interest of each Unit of t e CONDOMINIUM shall -be.-held.- and exercised 'as a Unit and shall not be divided among several owners of any such Unit. To that. end, •whenever any of said units is owned of record by .more, than-one person-, the several owners of each Unit shall: (a)•- determine- and designate which one ' of such owners shall be authorized and entitled to cast votes, execute instru- ments and otherwise exercise 'the rights appertaining to such unit hereunder, and (b) notify the Trustees ,of such designation notice in writing signed by all of the . record owners of such Unit. 'Any such designation shall take effect upon receipt by the Trustees and may be changed at any time and from- time to time by notice as aforesaid. In the absence of any such notice of designation, the Trustees may desig= nate any one - such owner 'for such purposes. • ARTICLE V By-laws The Provisions of. this Article V. - shall' constitute the by-laws of this Trust -and the organization of Unit Onners established hereby, to wit: Section -5. 1. Powers of the Trustees • The. Trustees shall, subject to and in accordance with all. applicable provisions of said Chapter 183A,. have the absolute control, management and disposition' of the trust property (which term as herein used shall insofar as applicable be deemed to include the common areas and facilities of the CONDOMINIUM) as if they were the absolute owners* thereof, * free from the control. of- the Unit Owners (except as limited in this trust instrument) and, without by the following' enumeration limiting '.the generality of the foregoing or of any item in the enumeration, with full power and uncontrolled discretion, subject only to the limitations - and conditions herein and in the provisions of -said Chapter 183A;-.at any time and 'from time to time and without the necessity of applying to any. court for leave so to 'do:-. (i) . To ,retain the trust -property, or any part or' parts thereof, in the same form* or for ms of investment in which' received or • acquiredby them so. far and 'so -long as they 1 shall' think fit , without. liability for any loss* iesulting therefrom. � 1 To sell, assign, convey, transfer, change and otherwise deal with or dispose of the trust property, but not the whole thereof, free and discharged of any and all trusts, at public or private sale, to any person - or persons, . for cash or on credit,- and in such manner, on such restrictions, •stipula= tions, agreements and reservations as they shall deem proper, including the power to take back mortgages to secure . the whole or any art of the he purchase price. of any of the trust property sold or 'tiransferred by them, and to execute and deliver any deed- or other instrument in connection with the foregoing; " To purchase or otherwise acquire title to and to rent, lease or hire ' from others for terms which may extend beyond the termin- ation of this trust and property or rights to Property, real or personal, and to own, manage, use and hold such property and. such rights; (iv) To borrow or in any other manner- raise such sums or sums of money or other property as they shall deem advisable in "any manner and on any terms , and to evidence the- same by notes, bonds, securities •or other evidences of- indebtedness, which may mature at a time or times, even beyond the- possible duration .of • this trust and to execute and deliver any mortgage, pledge or other instrument to secure any such borrowings. (v) To enter into , any arrangement for the use or occupation of the trust 'property, or any part or parts thereof, including, without limiting the generality of the foregoing, leases,' sub-- leases, easements, licenses or conces.sions, upon such terms and conditions and with such . stipulations and agreements as they shall deem desirable, even if the same 'extend beyond -the • possible duration of-- this trust ;' (vi-) To invest and reinvest the trust property, or any. part or parts thereof and from time to time . and as often' as they shall see. fit to change -8- investments, including power 'to invest in all types of securities 'and other property, of whatsoever nature and however denominated, all to such extent -as_ to them shall seem property, and without liability for loss , even though such property or such investments shall be of -a character or in an amount not customarily' considered proper for the . invest- went of trust funds .or which does or does not. produce income; (vii) To incur such liabilities obligations and : expenses , `and to pay from the:principal or the income of -the trust in their property• . hands all such 'sums as* they. shall deem necessary or proper for the furtherance: of"the .purposes of the trust; • (viii) To determine whether receipt by them con- stitutes principal or income or surplus and to allocate between principal and income and to - designate as capital or surplus any of the f I nds or the trust; (ix) •To vote in such manner •as. they shall think, fit any or -all shares in *any corporation or trust 1which shall be held' as trust property, and for .-that purpose to give proxies to any person or persons or to one or more of their number, to vote, waive any notice or 'other- wise act in respect of any such shares ; (x) To deposit any funds of the - trust in any bank or trust company, and to delegate to any one or more of their number, or to any other person . . • pr persons , the power to deposit, withdraw and draw checks on..any funds of the trust; (xi) To maintain such offices and other places of business • as they shall deem necessary or proper •and- to engage in business in Massachusetts or elsewhere; . ' "(xii) To .employ, appoint and remove such agents , -'manager, officers, board of managers , brokers , engineers., architects , employees , servants , , Assistants -and counsel .(which counsel maybe • a firm of which one or more of the Trustees are ' -9- members) as they shall deem proper for • the purchase, sale or management of the - trust property, or any part or parts . thereof, or for conducting the business of the trust, and may .define their respective duties and fix and pay their compensation, and the Trustees shall not be answerable for the -acts and defaults of any such person. The Trustees may delegate a er officer board, agents, man , to, an such g broker, engineer, architect, employee,' servant, assistant. or ,counsel any or all of their powers (.including discretionary powers , except that -the power to join in amending, alte-kin.g, adding' to , terminating or changing this Declaration of Trust and• the 'trust hereby created shall not .be delegated) all for such j times and purposes as they- shall deem proper. 1 Without hereby limiting the generality of the foregoing, the Trustees may designate from their number a Chairman, a Treasurer, a Secretary and such other officers as they. deem fit , and may from time to time designate one or more of their own number to. be the Managing Trustee or Managing Trustees , for the management and administration of the trust property .and the business of the' trust, -or any part or parts thereof; 'and (xiii)'.' • Generally, in all- matters not herein other- wise specified, to control, do each and every thing necessary, suitable, convenient or proper for the accomplishment of any of the • purposes of. the trust or incidental .to the- powers herein or in said Chapter• 183A, to manage and dispose of the trust property as if the Trustees were the absolute owners thereof and to do any and all acts , including the execution of any instruments , which by their performance there- - of shall be shown to.be in their judgment for the 'best interest of the Unit Owners . Section' 5. 2.. Maintenance and Repair. of Units • The Unit Owners shall be responsiblei for the proper main- -10- tenance and repair of their respective. Units , as { defined in the Master Deed. If the Trustees shall at . any time in their reasonable judgment determine that the interior of a Unit is in such need of maintenance or repair that the market value of one or more other Units is being adversely affected or that the condition of a Unit or any fixtures , furnishings , facility or equipment there- in is hazardous to any Unit or the; occupants thereof, the Trustees shall, in writing, request the Unit Owner to per- form the needed maintenance, repair or replacement or to correct the .hazardous condition, and in case such.work shall not have commenced within fifteen (15) days (or such reasonable shorter period in case of' emergency as the Trustees shall determine) of such request and thereafter -diligently brought -to• completion, the Trustees shall be entitled to have the.'work performed for the account of such Unit Owners whose Unit -is in need of work and to enter upon and ha ve access to'such Unit for the purpose, and the cost of such work as is reasonably necessary therefor shall con- stitute a lien upon such .Unit and the Unit Owner thereof shall be personally liable therefor. Section' 5. 3. Maintenance, Repair and Replacement of Common Areas Iand Facilities) and'Assessment of Com®on Expenses Thereof " The Trustees shall be responsibie. for the •proper mainten- ance, repair and replacement of the common areas and cif is e facilities of the CONDOMINIUM (see Section 5. 5 for s p . provisions dealing with repairs and .replacement necessi-. tated'because of casualty loss) .and such may be done through the Managing Agent, as hereinafter provided, and any two designated by the Trustees , may approve payment of vouchers for such, work, and the expenses of such maintenance, repair and replacement shall be assessed'to the Unit Owners as common expenses of the CONDOMINIUM' at such times,- and in such amounts as provided in Section 5.5. Section 5.4. Common Expenses , 'Profits' and Funds A. The Unit Owners shall be liable for- common expenses and entitled to common profits of the CONDOMINIUM in • proportion to their. respective percentages of bene- ficial interest as- determined in Article IV hereof. The Trustees may- at any time or times distribute common profits among the lJnit' Owners in such 'pro- portions. The* 'Trustees'. may, to such extent as they deem advisable, set aside common funds of the CONDO- MINIUM as reserve or contingent funds, . and may use the funds so set aside for - reduction of indebted- ness or other lawful capital purpose, or subject to the provisions of the following paragraphs B. and C. of Section 5.4 for repair, rebuilding or restoration of the trust property or for improve ment thereto; and the funds so set aside shall not be deemed to be common profits available for distribution' B. At least thirty (30) days prior to the commencement of each fiscal year of this trust* the Trustees shall estimate the. common -expenses expected to be incurred during such fiscal year, - to ether with a g reasonable Provision for contingencies. and reserves , and after • taking into account any undistributed common.profits from prior years , shall determine the assessment to be made for such fiscal year. . The Trustees shall promptly render -statements to the Unit Owners for . their respect- ive shares of such assessment, according .to their per- centages of interest in the common areas and facilities - and such statements shall, unless otherwise provided therein, be due and payable within thirty ' (30) days after the same are rendered. In the event that the- Trustees shall make a' supplemental assessment or assess- ments and render statements therefor in the manner afore- said, and such statements shall be payable' and take effect. as aforesaid.. The Trustees may, in their .dis- cretion, provide for payments of statements in monthly or other installments. The amount of each such state- ment shall be a personal liability of the Unit Owner and if not paid when due shall carry a late charge at a rate equal to the prime interest rate in effect at the F3sst National. Bank of Boston, Boston (Suffolk County) Massachusetts , at the time such payments were due and shall constitute a lien- on the Unit of the Unit Owner assessed, pursuant .to provisions of. Section' 6 of said Chapter. 183A. • C. No Unit- - . - .. Owner- shall file an application for abatement of real estate taxes without the 'ap.proval of the Trustees. D. The Trustees shall expend common funds only for common expenses and lawful purposes .permitted hereby and by provisions of said Chapter 183A. . Section 5.5. Rebuilding and Restoration, Improvements. A. In the event of any loss or damage to the Buildings containing the Units as a result of fire or other casualty,- the Trustees shall proceed with the necessary repairs , rebuilding or. restoration (including any damaged units and any kitchen or bathroom fixtures installed therein prior- to the recording of..the' master deed,• but not including any wall, ceiling or floor decorations or. coverings or other flooring, carpeting, ' drapes, wallcoverings,. fixtures, furniture, furnishings or other personal property supplied to- or installed by Unit Owners)- . provided such casualty loss - does not exceed - ten - percent (10%) of the value of .the CONDOMINIUM prior to the casualty, all in the manner provided in para- graph (a) 'of Section 17 of said Chapter 183A. If such loss does exceed ten percent (10%) of the value of the CONDOMINIUM prior, to the casualty, the Trustees shall forthwith submit -to .all Unit Owners: -'(a)- a form of agreement '(which may be - in several counterparts) by the Unit Owwers authorizing the 'Trustees to proceed with the necessary repair, rebuilding or restoration, and (b) a copy of the provisions of. said Section 17 ; and the Trustees shall thereafter proceed in . . accordance with, and take such further action as they may in their discretion- deem advis- able iii. order to implement -the provisions of -.paragraph (b) of said Section 17. - B. . -If and whenever the .Trustees shall propose to make any improvement to the. cominon areas -and facilities of the CONDOMINIU1% or .shall ' be requested in writ • ' • ing by twenty-five percent (25%) of the Unit Owners to make any such improvement, the Trustees shall • submit -to all Unit Owners: (a) a form of agreement -(which may be in several -13- counterparts) specifying the improvement or improvements proposed to. be made and the estimated cost thereof, and authoriz- ing the Trustees to proceed• to make the same, and . . • (b) a copy of the provisions of Section 18 of said Chapter 183A. ' Upon (a) the receipt by the Trustees of such' agree- ment signed by seventy-five percent (75%) -of the Unit Owners, or (b) the expiration of ninety (90) days after such agreement was first. submitted to' the Unit Owners , whichever of 'said (a) and (b) shall . first occur, the Trustees shall notify all Unit Owners .of the aggregate percentage of Unit Owners who • have- then signed such agreement. If such percentage' exceeds seventy-five percent ('75%) , . the Trustees. shall proceed to make the - improvement or improvements specified in such agreement and, in accordance with said Section 18 of Chapter 183A, shall charge the cost of improvement to all the Unit Owners. The agreement so circulated may also provide for separate agreement by the Unit Owners - that if more than fifty percent (50%) , but less than seventy —five percent (75%)., of the Unit Owners so consent, the- Trustees shall proceed to make such improvements or improvement and shall charge the same to the Unit Owners so consenting. C. . . Notwithstanding- anything in the preceding paragraph A. and B. contained,. (a) in the event that ' any Unit Owner or Owners shall by notice in writing to tbdTTrustees dissent from any determination .of the Trustees with- respect to the value of the CONDOMINIUM or any other determination or action of the Trustees under this Section 5.5. , and such dispute shall not be resolved within thirty (3.0) - days after such notice, then either the .Trustees or the dissenting Unit Owner or Owners may submit the matter- to arbitration, and for that purpose one arbitrator shall be designated by the Trustees , one shall be designated by the dissenting Unit- Owner or Owners , and a third .shall be designated by the two . -14- arbitrators so designated, and such arbitration shall be conducted in accord- ance with the rules and procedures of the_ American Arbitration Association, and • (b) the Trustees shall not:, in any event,, be ' obligated to proceed with 'any repair, re- building or restoration, or any improve— ment, unless and until they -have received funds in an amount equal to the estimate of the Trustees of all costs thereof. Section 5. 6. Rules', Regulations , Restrictions and Requirements The Trustees may, at any time and' trom• time .to time, • adopt, amend and rescind administrative rules and regul- ations governing the details of the -operation and use of the common areas and facilities and such restrictions on and requirements respecting the use and maintenance of the Units and the use of the common areas and facilities as are .consistent with provisions of the Master Deed and are designated to prevent unreasonable interference • with the use by the. Unit Owners of their Units and the common areas and facilities. - Section 5. 7.. 'Insusrance The •.Trus tees shall - obtain and maintain, to the extent available, master -policies of insurance of the following kinds ,' naming the trust, the Trustees ,' all of the Unit Owners and their mortgagees as insured as their interests appear: A. Casualty or physical damage insurance 'on the Build- ings and all other insurable improvements forming • parts of the CONDOMINIUM '(including all of the Units but not including the furniture, furnishings and other personal property of the Unit Owners therein) , together with- the service machinery, apparatus , equip- ment -and installations located in the. CONDOMINIUM, ' and -existing for the -provision of central services or for common use;. in an amount not -less than one hundred percent (100%) of their full replacement value (exclusive of foundations)- as' determined by the Trustees ' in their judgment, against: • -15 - • (1) loss or* damage by fire and other hazards covered by the standard extended coverage endorsement, together with coverage for the payment of common expenses with respect to damaged Units during the period of recon- struction, and (2) such other hazards and risks as the Trustees from time to time in their discretion shall determine to be appropriate, including but not limited to vandalism, malicious mischief, windstorms and water damage, boiler and machinery explosion or damage and plate. glass damage. All policies of casualty or .physical damage insurance shall provide; (1) that such policies may not be canceled or -sub- stantially modified without at least ten (10) days ' 'prior written notice to all of the insureds , including each Unit mortgagee, and (2) that the coverage thereof shall not be termi- nated for•nonpayment of premiums without twenty . . (20) * days' notice to all of the insureds , including each Unit Mortgagee. Certificates of such insurance and. all renewals there- of, together with proof of payment of premiums , shall be delivered by the Trustees to all Unit Owners and their mortgagees. upon request , at least ten (ld) .days prior to their expiration of the then current policies . B. Comprehensive public liability insurance in such amounts and forms as shall be determined by the • Trustees covering =the trust ,. the* Trustees , all of .the Unit Owners and any manager or managing agent of the CONDOMINIUM, with .limits of not less than a single limit of $1, 000, 000 for claims for bodily injury or property damage arising out of one occurrence and a • 1* 't of' $100,000 for. each occurrence for water damage, legal liability and-with cross liability- endorsement to cover, liability .of any insured to- other insureds . -16- Co Workmen's Compensation .and Employer's Liability • Insurance covering any employees of the Trust. D. Such other insurance as the Trustees shall determine to be appropriate, including insurance for any art collection loaned to the CONDOMINIUM for display therein. • Such master policies shall provide that -all casualty loss proceeds thereunder shall be paid to the Trustees as 'insurance trustees under these By laws. The sole duty of the Trustees as the. insur- • ance .trustees shall be to hold, use and disburse any amounts so paid for the purposes stated in this Section and 'Section 5.5. If repair or restoration of the • damage'd portion of the CONDOMINIUM is to be made, all insurance. loss* proceeds' shall be held in shares for the Trust and the Unit Owners of damaged Units in proportion to the respective costs of repair . or restoration of the damaged portions of the common areas and facilities and of each damaged Unit, respect- ively, with each share to be . disbursed to defray the respective costs of repair or - restoration of the damaged common areas and facilities and damaged Units ,. and with any excess of any such share of proceeds above such costs of repair or restoration to be paid to the Trust or Unit. Owher., as the case may be. If, pursuant to Section 5..5. , restoration or repair is not to be made, all insurance loss proceeds shall be held as com- mon funds of the ..Trust and applied for the benefit of Unit Owners in proportion to their. percentage interest as listed in Section 5. 1. if the CONDOMINIUM is totally destroyed and, in the event of a partial destruction, to those Unit Owners who have suffered damage in proportion to the damaged suffered by them. Such application for the benefit of Unit Owners shall include payment directly to. a Uiiit Owner's mortgagee if the mortgage with respect to 'such Unit -so requires . Such • master policies shall contain: (1) waivers of subrogation- as to any. claims against the trust, the Trustees and their agents and employees ; and against the Unit Owners and • their respective employees , agents and guests , (2) waivers of any defense based on the conduct of any insured, and -17-• ' f (3) provisions to the effect that. the i insure asr shall not be entitled to con be pur- ' • against casualty insurance which may chased by individual Unit Owner as herein- after permitted. _ Each unit -Owner or his mortgagee may obtain addi- tional insurance at his own expense, provided that •all such insurance shall contntained inlons the similar to those required ,to be co Trust' s master policies waiving the insurer' s rights to subrogation -and contribution. If the • aiiy proceeds from the master .policies on accounionf with casualty loss are reduced due to the prora Unit er insurance individually. purchased t a proceeds own such- Unit Owner agrees to assign the p such individual insurance, to the extent 'of the amount of such reduction, to the Trustees to be distro i made by ed as herein provided. � Each Unit Owner shall Pr pty him notify the Trustees of all improvements to his Unit, the value of which,exceeds $1,000 and to the Trustees as an 'such Unit Owner shall pay addition to hi's share of the common expenses increase -in CONDOMINIUM otherwise payable, by him any i • which results insurance' premium incurred' by the Trust from such improvement. E, The cost of such'insurance shall bedeemed incomMon • expense assessable and payable as provided Section 5 .4. : Section 5 . 8 . Meetings ' ate A. The Trustees shall meet annually on the­.dsuch f the et- annual meeting of the Unit Owners and at such and ing may elect the Chairman., Treasurer, any other officers they deem Trusteed( #x #� )ski ings may be. called by auY ti n/x/x/x/xUX)/ / x¢e7x¢xX XX X)XWD/A}1' • /����t m nner/as the Trustees may and in such her establish, -provided, however that written notice. of- each meeting stating. the place, day and hour thereofda s before. such shall be given at least seven Cyof the ner of meeting to each Trustee.- A majority at Trustees then in office shall constitute a quorum • all' meetings-, and such meetings shall be conducted' g g • in accordance with such rules as the Trustees may adopt. , -18- B. There shall be an annual meeting of the Unit Owners on the first (lst) Sat.:in May in each 'year at such reasonable place and time as may be designated by the Trustees by written notice given to the Unit Owners at least seven (7) days prior to the date so designated. Special meetings (including a meeting in lieu of a passed annual meeting) of the Unit Owners may be called at any ' time by the Trustees* and shall be called by them upon the written request of Unit Owners entitled to . more than thirty-three percent (33%) of the bene- ficial interest hereunder. Written notice of any such meeting designating the place, day. and hour thereof shall be given by :the Trustees to the Unit Owners at least fourteen (14) days prior to the date so designated. Section 5. 9; Notices to Unit D-iners Every notice to any Unit Owner required under the- pro- visions hereof; or which may be deemed by the Trustees necessary or desirable in connection with the execution of the -trust - created- hereby or which may be ordered in any judicial proceeding shall be . deemed sufficient -and d bindin g if a written or printed. copy of. such notice shall be given by one or more of the Trustees 'to such .Unit Owner by mail- ing it, postage prepaid, and addressed to such Unit -Owner at' -his address' as it a ears on the records .PP upon ds of the Trustees, if other then at- his Unit or by delivery or mail- ing the same- to such Unit; if no address appears , or, if* such Unit appears as the Unit an er 's address , in any case, at least seven (7) - days prior to the date fixed for -the • happening of the matter, thing or event of which such notice is given. ' Section 5. 10. Inspection of Books; Reports to' Unit Owners Book .s , accounts and records of the Trustees shall be in open to inspection spection to an of Y one or more the Trustees and Unit Owners at all. reasonable times. The Trustees shall,'• as .soon as reasonably possible after the close of each fiscal year, submit to the ' Unit Owners a report of the operations of the Trustees for such year which shall deem proper. Any person who has been furnished •with such report and shall have failed to object thereto by notice in writing to the Trustees given by ,registered mail within 9 - month of the date of the receipt by a period of one (1) • P him shall be deemed to have assented thereto. Section 5.11. Checks , Notes, drafts and, other Instruments , Checks , notes, drafts and, other' instruments for the pay- •meet of money drawn or endorsed in the ed names of the, tees Trustees or of the Trust may be sign y orb an person (or by one Trustee, if there is only one) , ime. o from time ' or persons to whom such power may at any . to time be delegated by not less than a majority of the Trustees . Section 5 . 12. Seal The seal of the Trustees shall be circular in form, bear- ing the inscription WINTER STREET CONDOMINIUM TRUST but such seal may be altered tby the ime or fromTrustees ees .ma at any t , easure and the e Trus Y at pleasure, adopt a common .wafer. seal time to time, at their option, tocommonr they may sign any which' shall be valid for all purposes instrument under seal without being required to affix a formal, common or wafer seal. Section 5: 13 Fis cal .Year The fiscal year of the Trust shall be the year emafr m h : .the last- day of December, or such other date as y time to time be determined by the Trustees .. ARTICLE VI , Ri hts and Obli atibns of Third Parties Dealing with the Trustees Section -6.1: No purchaser; mortgagee, lender or other person ea ing with the Trustees as they then appear • of record in said Registry of Deeds shall be bound to ascertain or inquire further as to the persons who are then 'Trustees hereunder, -or be• affected by any, notice, actual , otherwise than by a certificate thereof e _implied or act , and such *record or certi.ficasteesa and ll bofc any lchanges vtherein. of the personnel' of said Tru The receipts of the Trustees , or -20- any one or more of them, for money s or things paid or delivered' tothem or him shall be effectual discharges therefrom to the persons paying or delivering the same and no person from whom the •Trustees , or any one or more shallebe Tequiredctovsee any to money, property, or other •cre i a ee lender or the application thereof. No purchaser, mortg g , real or per- the person dealing with the Truse. existenceees hornoccurrencepof sonal property which then 'is to th ledge or any event or purpose in' or for- which a sale, mortgagep is herein authorized or directed, or oofethese as to Trustees', or charge of any of the acts the purpose of regularity ur ortio to be done in pursuance of anyone or more of them, purporting of the rovisions or powers herein contained, or as to •the any P ointment of -any Trustee , and regularity of the resignation of a new Trustee or resignation of any instrument of app ., en be executed by the Trustee , Unit , an old Trustee purporting required to execute the same , Owners or other persons herein req purchaser or h all be conclusive evidence in favor oofathesmattrs therein s be . conclusive person dealing with the Trustees o ointment recited relating to such discharge ,ertifictessofnNoiAssesson or m nt and or the occasion thereof. es in Trustees shall be effective Certificates regarding chang • if signed by any one Trustee then in office. 2 . No recourse shall at any time be under oundern Section 6. ' order, instrument, certificate , any note, covenant contract , whether oral or writ- taking, obligation, covenant or agreement, an agent or ten, made , issued or executed. by the Trustees or by Y g or by reason of anything - done or employee of the Trustees , them or of them, against omitted to be done by or on behalf of anysuchaagent or employee , the Trustees individually, " or against any either .directly or indirectly, 'bY or against any beneficiary , or by virtue. of any suit or other- legal or equitable proceedings , contracting with or wise , and all persons. extending credit to, to the having any claim against the Trustees ,such� contractoor claok im or for the trust property for payment under mone • payment of any debt , damage , judgment or .decree , or. o.f any Y paym a able to them from the Trust- that may otherwise become due or p y resent ees so that neither the Trustees nor tthe efo ; provided however or future , shall be personally liable therefor; p herein contained shall be deeons of Sectionr8iofair me that nothing the liability of Unit .Owners "u i ovi.sions of :Chapter 183A. Article III hereof, or under p ' instrument, " note , bond; contract , order , Section 6. 3 Every ation covenant or agreement , certi ,icate , undertaking, oblig the Trustees whether oral or written--, made issued or executed by' en or employee of the Trustees , shall be deemTovisi� oT.'by any ag conditions , p • have been eyed into subject to the terms , ' , � whether or not express reference shall and restrict ions hereof have been made to .this 'instrument. Section 6 . 4 This Declaration of Trust and any amendments here- to and any certificate hetein required to be recorded and 'any other certificate or paper signed by said Trustees or any of them which it may be deemed desirable to record shall be re- corded with said .Registry of Deeds and such record shall be deemed conclusive evidence• of the contents and effectiveness thereof according to the- tenor thereof; and all persons deal- ing in any manner whatsoever with the Trustees , the- trust prop- erty or any. beneficiary thereunder' -shall be held to. have notice of any alteration of amendment of this Declaration of Trust, -or changes of Trustee or Trustees, when the same shall be re- corded with said Registry of Deeds . Any certificate signed by two ' (2) Trustees in office at the time (only one .(1) Trustee if' •there is only one at the time) , setting forth as .facts any mat- ters' affecting the trust , including statements as to who are the beneficiaries , as ,to what action has been taken by : the bene- ficiaries , . and as to matters determining the authority of the Trustees to do any- act , when duly acknowledged and recorded with said Registry of. Deeds shall be 'conclusive evidence as to the existence of such alleged facts in favor of all third per- sons, including the Trustees acting in reliance thereon. Any certificate executed by any Trustee hereunder , or by a majority of the Trustees hereunder setting forth the existence of any facts , the existence of which is necessary to 'authorize the execution of any instrument or the taking of any action by such Trustee' or majority, as the case may be, shall, as to all persons acting in good faith in reliance thereon, be conclusive evidence of •the truth of the statements made in such certificate and of the existence of the. facts therein set forth. ARTICLE .VII . Amendments. and Termination Section .7 . 1 ' The Trustees , with the consent in writing of Unit Z.Y_mers entitled to not less than seventy-five percent (75%) of the beneficial interest hereunder, together withthe consent in writing (which shall not be unreasonably withheld) of holders of first mortgages of record. on the Units of consenting Unit Owners , may at any time and from' time to time amend, alter, add to, -or change this Declaration of Trust in any manner or to any extent, the Trustees first*, however, being duly indemnified to their reasonable satisfaction against outstanding obligations and liabilities ; provided always, however, that no such .amend- ment, alteration addition or change (a) according to the purport • -22- of which the percentage of the beneficial -interest hereunder ofany Unit Owner would be altered or in any manner to or any ex- tent whatsoever modified or affected, so as to be different from the percentage of the individual interest of such Unit Owner in the common areas ' and. facilities as set forth in- the Master 4...,.�Deed or' (b) which would render this trust contrary to or incon- sistent with any requirements or provisions of said Chapter 183A, shall be valid or. effective. Any amendment, alteration, -addition or change, as the case may be, signed, sealed and acknowledged . in the manner required in Massachusetts for the acknowledgment of deeds , by any two (2) Trustees, if there be at lease ' two (2) then in office (or one . (l) Trustees if there be only one (1) , setting forth in full the amendment, alteration , addition or -change and reciting the consent of. the Unit Owners and mortgagees herein re- quired. to consent thereto. Such instrument , so executed and re- -corded, shall be conclusive evidence of the existence of all facts and of compliance with all e f p prerequisites to the validity , of such amendment , alteration, addition or change , whether stated • in such instrument or not , upon all questions as to title or aFfecting the rights -of third persons and. for all purposes . Section 7 . 2 The .Trust hereby created shall terminate only upon the removal of ' the WINTER STREET 'CONDOMINIUM at H a.nnit from m the provisions of sa id Cha pter to r 183 A in accordance with teaeprocedure therefor set forth ,in Section 19 of said Chap- ter. Section 7 . 3 . Upon the termination of this trust, the Trustees may, .subject to and in- accordince -with the provisions of said Chapter 183A, sell and convert into money the whole of the trust property , or any part or parts thereof, and. ., after paying or retiring all known liabilities -and obligations of the Trustees and providing for indemnity against •any other outstanding liabilities and obli- gations , shall divide the proceeds thereof among, and distribute i kind, at valuations. made by them which shall be condlusive , all other property then held by them in trust hereunder, to the Unit Owners according to their respective percentages of beneficial in- terest hereuTider. And in making any sale under this provision the Trustees shall have power to sell by public auction or private cor; tract of sale and to resell without being unanswerable for loss and, for said purposes , to .do all things ; including the execution and delivery of instruments , as may -be -their -performance thereof I shown to be in their judgment necessary or 'desirable in .connectior: therewith. The powers of sale and all other powers herein. given to the Trustees shall *continue _as to all property at any time remaining in their ►ands or ownership , even though all times herei fixed for distribution of trust property may lave passed. -23- • : Section 7 . 4 Consent of Mortgagees Notwithstanding the foregoing provisions of this Article VII , unless at least 67% of the first mortgagees (based upon one vote for each mortgage owned) of the first mortgagees of Units and at least 67% of the beneficial interest of this Trust have given their prior written approval, neither the Trustees nor the Unit Owners shall: 1) by act or omission seek to abandon or terminate the condominium (except for abandonment. or termi- nation provided by statute in case. of substantial loss to the Units and common areas and facilities) ; 2) change the beneficial interest of any Unit for (i) purposes of levying assessments E or allocating. distributions of hazard insurance proceeds or condemnation awards; 3) art . ion or subdivide any Unit;, 4) by act or omission seek to abandon, partition, su wide, encumber, sell or transfer the common elements (but the granting of ease- ments for public utilities or for other public purposes consis- tent with the intended use, bf the common areas and facilities shall not be deemed a transfer within the meaning of this. clause) ; S) use hazard insurance proceeds for losses to any condominium property (whether to Units or to common elements) for other than the repair, replacement or reconstruction of such improvements , except as provided. by statute in case of substan- tial loss to the Units and/or common elements of the Condomin- ium; 6) add to, amend, alter or change the Condominium documents , relative to voting, - assessments , reserve funds , insurance ,fidelity bonds , rights to use common areas, responsibility for maintenance and repair, boundaries of any unit , interest in the common areas , convertibility of units into common areas or vice-versa, leasing of units, imposition of any right of first refusal or similar restriction on the right of a Unit Owner to sell , transfer , or otherwise convey .his or her unit , and provisions which are for the express benefit of eligible mortgage holders or eligible . insurers or guarantors of first mortgages on the Units. An addition or amendment to such documents shall not be considered material if it is for the purpose of correcting technical errors or for clarification only. An eligible mortgage holder who receives a written request to approve additions or amendments who does. not deliver or mail. to the requesting party a negative response within thirty (30) days, shall be deeme3to have approved said request. • -24- ♦ V ARTICLE Construction and Interpretation In the construction hereof, whether or not so expressed, words used in the singular or in the plural respectively include the plural and singular, words denoting males , including females , and wards denoting persons include •individuals , 'firms , ' associa- tions , companies (joint stock or otherwise) , trusts and corpora- tions unless a contrary intention is to be inferred from or re- quired by the subject matter or context. The cover , title , headings of different parts hereof, the table of contents and the marginal notes , if any, are inserted only for convenience of reference and 'are not to be taken to be any part hereof or to control or affect the meaning, construction, interpretation or effect hereof. All the •trusts , powers and provisions herein contained shall take effect and be construed according to the laws of the Commonwealth of Massachusetts . Unless the context otherwise indicates , words defined in said Chapter, 183A shall . have the same meaning herein. 4 . of this 6t 1982 . da EXECUTED as a -sealed instrument Y S EL 0 S , rustee COWIONWEALTH OF MASSACHUSETTS V3 1982 Barnstable ,ss . , Then personally appeared the above named ANGELO ROSSO and acknowledged the foregoing instrument to be his free act and deed, before me. • otary Pu 1ic Ily commission expires: • -25- ' RESIDENTIAL PROPERTY MAP NO. LOT NO.. FIRE DISTRICT SUMMARY STREET 70 Winter St. Hyannis 73 LAND 309 242 ' H (3) BLDGS. OWNER j TOTAL LAND RECORD OF TRANSFER DATE ' eK PG I.R.S. REMARKS: BLDGS. roraL LAND :2-008 43 ( e.s.s�:$ BLDGS. R : Rosso:, Angelo , Trustee of W i r stert '' t Y TOTAL . 9-4-81 3354 273 100 - LAND l m BLDGS. TOTAL LAND BLDGS. ^ TOTAL LAND BLDGS. ^ TOTAL LAND i. BLDGS. m ^ TOTAL l LAND INTERIOR, INSPECTED: (/ BLDGS. ^ TOTAL DATE: 17J / � (�!� r�,r_� LAND ACREAGE COMPUTATIONS BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HOUSE LOT LAND _ � CLEARED FRONT m BLDGS.TOTAL REAR WOODS&SPROUT FRONT LAND REAR . BLDGS: WASTE FRONT TOTAL i REAR. - LAND BLDGS. TOTAL LAN D BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT . DEPTH STREET PRICE DEPTH % FRONT FT. PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. ^ TOTAL LOW DIRT RD. LAND SWAMPY NO RD. BLDGS. 1-r\�nI AI (1 G' C!A onlCTn ql F AA A�C IINITEn APPRAISAL CO., FAST 1-IARTcn Rn,!OjgN l FOUNDATION BSMT. & ATTIC PLUMBING PRICING LAND COST Conc.Walls Fin. Bsmt.Area ;; Bath Room / Base �' (� BLDG. COST Con". Blk.Walls / Bsmt. Rec. Room St. Shower Bath Bsmt. G.�� PORCH. DATE l Conc. Slab Bsmt.Garage St. Shower Ext. Walls PURCH. PRICE '.k Walls Attic FI. &Stairs Toilet Room Roof RENT yd ( j 4' Walls Fin.Attic Two Fixt.Bath - - Floors tiers INTERIOR FINISH Lavatory Extra srnt. G c 1 2 3 Sink �. L�T,IG .. 3/41/11/4Plaster Water Clo. Extra Attic EXTERIOR WALLS Knotty Pine Water Only Double Siding Plywood No Plumbing Bsmt. Fin. Single Siding Plasterboard Int.Fin. I Shingles TILING -�^ Conc. Blk. G F P Bath Fl. Heat. hl (� �� r Face Brk.On Int. Layout Bath FI.&Wains. Auto Ht.Unit Veneer Int.Cond. Bath Ff.&Walls Fireplace Com. Brk.On HEATING Toilet Rm.FI. Plumbing I / ✓�; , Solid Com. Brk. Hot Air �J�� ,/ Toilet Rm.Ff. &Wains. Tilin II�� �✓ ' - 'g I. Steam Toilet Rm.A.&Walls Blanket Ins. Hot Water St. Shower f Roof Ins. Total Air Cond. Tub Area Floor Furn. 9 ROOFING I COMPUTATIONS � J 11` Asph. Shingle Pipeless Furn. S.F. Wood Shingle No Heat S. F. s��J! 'AlG 1 Asbs. Shingle Oil Burner ✓ S.F. Slate Coal Stoker S.F. Tile Gas S F OUTBUILDINGS ROOF TYPE Electric ✓ Flat S.F. 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 MEASURED-' Gable I i Hip Mansard FIREPLACES S.F. Pier Found. FloorJ, Gambrel Fireplace Stack V0 Wall Found. 0. H. Door LISTED FLOORS Fireplace Sgle.Sdg. Roll Roofing Conc. LIGHTING Dble.Sdg. Shingle Roof Earth No Elect. DATE Shingle Walls Plumbing Pine o? Hardwood ROOMS Cement Bik. Electric ��/ Asph.Tile Bsmt. 1st 3 4-6) TOTAL �/ �G Brick Int.Finish PRICED Single 2nd 3rd 1. FACTOR ^G REPLACEMENT OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Deli. ACTUAL VAL. 4) / DWLG. ) ,��'yf S + a. f' �,r� � .3s 1 �.e �c'1 i2 S 1 2 .. q _ .I•� 5 .. i 6 i . i 7 B i 9 10 t• TOTAL III f'Al WIZ 70 Co•✓Do X Co, � P� ��T Co, ,le o Asses�~* sorts map and lot!numbe4 .. /r 1 ..... Sewage 'Permit numbed,�.!ras.............-�.�'...��...:�-�....:. • Z BAHB9T11DLE, i House number .........., NAM +" 90�,0,i639 9� 'EpYAY a\ TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION 'FOR PERMIT Tdz�B .... <<�.......... � �.�.i.................b J� .................................? .. t TYPE OF CONSTRUCTION L K4�M ...........S1............................................... a.L?....�. ` .19. ...... .................... .. .... " TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .... t �-'..��f= ........ ........................� .�...y. 1.�� 5....................................... ................................... :.�. Proposed Use ..U..`..................................................... t ......................................................... Zoning District _` `],V Fire District �. Name of Owner �........'. .�. ... �- . ......�Er ` r.....Address ...`'�.... ,��`?..'�'.`........r .. Nameof Builder ... ..... ..................................................Address .................................................................................... xName of Architect ........:::............................ :::.....................Address ............�...:...... � Number of Rooms ........... ......................................................Foundation C01JCQ. ............................................................................... Exterior ..................•.::....:...............�........ .............................Roofing As �fi..6..1 1 ...................... ......................... Floors ...:1�.C- .Interior `-fit_V C.. ......�....�L�S ...... .................................. Heating Plumbing ....&.!;�'` ?....;..... ?,.............1�:..................... ..................U. � .... Fireplace`...........�.........�.�........:...........:..............................Approximate Cost ................... Definitive Plan Approved by Planning Board ________________________________19________. Areal �...`�. .....�}.' .'+ ... .......... Diagram of Lot and Building with Dimensions Fee > 1...`.�...�..�.-........ SUBJECT TO APPROVAL OF BOARD OF HEALTH r h, l hereby agree to conform to all the Rules and Regulations of the',Town of Barnstable egardingthe above construction. � .9e� Name ........ ... ..................� ' ...........�.... ................... WINTER REALTY TRUST A=309-242�189 No .234.72 Permit for Build .................. 10 Unit Condominium ............................................................................... Location .70. ...Winter. . ..Street . .. .. ....... ..... ...................................... Hyannis.............................................. Owner ....!inter RealtY....Vr14. t........... Type of Construction ....Er.a le......................... r ................................................................................ Plot ............................ Lot ................................ Permit Granted .. September 17, 19 81 ...................................... Date of Inspection ....................................19 Date Completed ......................................19 PERMIT REFUSED V ...................................................... 19 ................................ r """ ................... V�ts �.. .....'.. ...s............................. ................................ . ........................................... Approved ................................................ 19 ............................................................................... :......:........................................................... ie� �r 1 Lnv1 Y,'u7to i - O S7--REE7 w :,K ,Y jj 31D 7��rr 291 309 327 ' 1 , r, 2 f 1 7 10 y-}t�__ - Wa 1°N� illi 871 'w]I° %Is� • 326 6!! , 4 . " r11 r� wr7 ' 1' ...__,...._ ❑ •6;n PU -rw win 'wa° 49 - •-q �_'_ ll� o wlw �5T�l 1 " 6� � •eta iW j wlw err' 1- _ wra9 - p�N COURT . wm l j 03 ED Jy�--`- C ��isLJ Lij +b� 5 Wsv W ffiI I r - -Qt�2 s 244s W 7m W ti/II " .� � W199 180, S7REE •vl I ,/m� .. �y w 1• a 112 1 ..--}tw7N _....,,�•n =Y�YJ !!! . ws9`7R_ arm -- .. o • iii 1 wa+~ wr755w ,'S7N $rI 77 76 Y•w_ O %QNA —. 0rI 1 °y(�J� 7iE/y '1' J�� Z r O A� - WDA W �•1 1.30 q ti 2 �'. N \ i1C71 ' 1Rt .w ry�2 ^ YWs! 1 7� J1 -�J ( ` ww— CHERRY — tt m� .—�J �' 1LI m9 r�yy yu>w WA go ILA 3 �✓..n Wag i! 1wf36v lO �� o - - m - 2 y•lur.n9 nr t"'B'A 8 ` •m • War �9 136-1 -0 lily sv 12 qq Wsv-- ggq9777��� B • .�$•�� 7 i0 -- , •f 10 -- wm 1 171 Wag Y1r7°f t_v /1f101 1 3_..._. ti 1 W2477 wr>Qr S s w a9 Wa , 7 c' - Wfura 7iy 1_J 3m w tp 5� k. ; 9 7a 1 0 68 UJ o •lt1 n "./5_-�' ® ® e 9 wr 79 7 ��11 l �J+ __ '' 991 al _. %a5l _O� ui-O,-W7W •1171' •rf8b .N"ILJ.. V 7 Y ll\lVVV/1111 761 W� �ivla, /71 j •4 13� • Q!� N W701 C Wa O m 7� N �Y,q � V� q._ 1 \ wr � � ♦is - \� r m \ . ® •f wal 0 tl W - -" •17 �.0 ,, � i •ire in IRA RIM 197 i •i 6 . ' 19 % -\ �IN \ / 2270.1 309 -.9 0 \ was wm 7 6 77 7°° '2 iiu {fie 1' 7i 7 / .\ wn \ O ' �moral- , ' Nil. . RESIDENTIAL PROPERTY ".I. MAP NO. LOT NO. --. --- FIRE DISTRICT SUMMARY STREET Hyannis �2 0 Winter St.7 . H �3 LAND o a a o _ BLDGS. •� �U OWNER TOTAL O LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: BLDGS.Zda I p - TOTAL (Q.r7; LAND Lorretty,•-Arthur-_B��_&..Alice.L-•.-„_....__.,- _< 2008 ...8 ... ess 0( : BLDGS. Winter R' t TOTAL ! Rosso, Angelo, Trustee of Y 9-4-81 3354 273 100 r _�� "' LAND -27-82 3471 9 MASTER D CTDDCT CONDOn�T _ — 'I; ! rn c.:J ew e / . /V Z;0 � BLDGS. TOTAL �6u F yez-_/ E �6_23 r i LAND �s BLDGS. • MB faIED-vJ'iTH =former-#�JGa-189 � P`r' ��y 31- PPORT -NED, FOR�HE_1983 Fiscal • TOTAL and, then, . . .see chain of title. ..it became' "" Ir�TER ST EET C NDOM Ili" R' -1 , LAND _ � , Units A;B,C,& D: BERZON, ROBERT ALAN 6-2-82 3491 54�$_ Bldg. BLDGS. _3 - 1 Unit TOTAL f Units F,G,& H: HORAN,GAIL P. ,TRUSTEE, 9-23-82 3566 1U LAND FAMKEL REALTY TRUST :8l fitita e Unit ea slip John & 5-21-82 �486 80 ( 55,000 TOTAL LAND Unit e1 , NYE, ROBERT L. & DONNA M., 6-28-82 3506 309($55,000 ' BLDGS. i' INTERIOR INSPECTED: TOTAL DATE: ��,! ^� �� '�� �t/�/W'IrC/{/3 �� 1*��!✓ZxZ,7� . LAND Line chn Vot 1 f f' I. ACREAGE COMPUTATIONS 11 •' � ., ',%' I BLDGS. _ 83 per plan 8-3 W-85' °' LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL j HOUSE LOT 19 D Ll 0 0 LAND CLEARED FRONT BLDGS. REAR TOTAL WOODS&SPROUT FRONT LAND REAR _ BLDGS. _WASTE FRONT TOTAL REAR LAND BLDGS. i '• TOTAL I LAND ® BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND i SWAMPY NO RD. BLDGS. TOTAL TnWN OF E3ARN-,TARL_E. MASS. UNITED APPRAISAL CO.. EAST HARTFORD•CONN. J FOUNL?ATION� BSMT. & ATTIC PLUMBING PRICING . LAND COST c.Walls Fin. Bsmt.Area Bath Room Base 0 BLDG. COST c.Blk.Walls Bsmt. Rec.Room St. Shower Bath Bsmt. v PURCH. DATE c. Slab Bsmt.Garage St. Shower Ext. Walls PURCH. PRICE. Nails "'Attic Stairs Toilet Room Roof RENT ells Fin.Attic Two Fixt. Bath Floors D INTERIOR FINISH Lavatory Extra t F 1' 2 3 Sink S.Y/l �• :. ` % r/ Plaster Water Clo. Extra Attic � n XTEIRIOR WALLS Knotty Pine Water Only ble Siding Plywood No Plumbing Bsmt.fin. gla Siding Plasterboard Int. Fin. i. Shingles TILINGt-- rBi,k. G F P Bath FI. Heat 3 On Int.Layout Bath FI.&Wain&. Auto Ht.Unit j 2i i Veneer Int. Cond. Bath FI.&Walls Fireplace On HEATING Toilet Rm.FI. 25 Plumbing i 33 j id Com.Brk. Hot Air Toilet Rm.FI.&Wains. Steam Toilet Rm.FI.&Walls Tiling nket Ins. Hot Water St.Shower Total ?0 r f Ins. Air Cond. Tub Area - 3 � Floor Furn. 3� ROOFING COMPUTATIONS Q W h. Shingle Pipeless Furn. S.F. 0 6 ad Shingle No Heat S.F. s.Shingle Oil Burner S.F. �a ' to Coal Stoker' D S.F. 3 ., 02 Gas S F OUTBUILDINGS ROOF TYPE Electric S.F. 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 MEASURED to Flat S.F. Pier Found. Floor Mansard FIREPLACES S F e1r�(3eJ brat Fireplace Stack Well Found. 0. H. Door LISTED FLO RS Fireplace Sgle.Sdg. Roll Roofing C. LIGHTING Dble.Sdg. Shingle Roof u�9� th No Elect. DATE Shingle Walls Plumbing _ a Cement Blk. Electric37 71 dwood ROOMS PRICED. h.Tile Bsmt. 1st TOTAL •,; pl Brick Int. Finish gle 2nd 3rd FACTOR 4fl r f p /64 REPLACEMENT OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL.d Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. LG. E A ItS-1 / 2 3 / 0 n /3 / .3 9 D 0 t I . 5 i 7 - 3 TOTAL A. K. F. WILLETT SR. 15 Crest Circle W. Yarmouth ALL 02673 Phone (508) 771-7149 Fax(508) 771-9403 April 28, 2003 Town of Barnstable Building Commissioner 367 Main Street Hyannis MA 02601 SUBJECT: 70 Winter Street Condo1 Hyannis - , ya s MA 02601 Unlawful 1 bedroom apartment and 80 Winter Street,one family home. I, Kenneth F.Willett Sr.,condo manager 70 Winter Street Condo Trust. The owner of Ccondo I has split her condo in half and made a one bedroom apartment with a full kitchen and rents it to subsidised housing. I have called the legal department in town hall and they directed me to the Building Department. I then called the Building Inspector of Hyannis on March 12, 2003 and after calling him several times I spoke to him April 2, 2003 telling me the investigation is on going and when he found out something he would call me. Today is April 28th and no phone call yet. My next issue is 80 Winter Street that is a single family home turned into a rooming house. It is a disgrace to the town of Barnstable. There are unregistered vehicles parked there and several registered vehicles parked there. I know rooming houses and apartments have to be certified by the building department,fire department and health department the same as if you built a new home. I believe the Salvation Army and Homeless Shelter are enough for any neighborhood. , I would like something done within the law with regards to the rooming house and illegal apartment. Sincerely, / Kenneth F. Willett Sr. Condo Manager -..-•--;---.......�.--._.._�. "_ BOOK3471P.CE O3O EXHIBIT "A" (WINTER STREET CONDOMINIUM) The land in Barnstable (Hyannis) , Barnstable County Massachusetts, together with the buildings thereon, being shown as lot containing 24,978 square feet on plan entitled •`° "Plan of Land in Barnstable, Hyannis, Mass., prepared for West Pine Realty Trust, August 26, 1981" by Cape i Island■ Surveying, Inc. recorded in Plan Book 356, Page 75, and +! being bounded and described as• follows:�I4 . WESTERLY by Winter- Street as shown on said plan, 142.59 feet] j NORTHERLY by a 20-foot way on said plan, 144.56 feed EASTERLY by land now or formerly of Shirley.G. Solari on said plan, 92.84' feet; 3 NORTHERLY again, by said land now or formerly of Solari on said plan, 74.18 feet; EASTERLY again, on said plan, 51.00 .feet; and SOUTHERLY by land now or formerly of William Helmer on said,�.. plan 218.50. - '! For my title, see deed-of Arthur B. Lorrett and Alice L. Lorrett to .Angelo Rosso, Trustee of the WINTER STREET REALTY TRUST dated August 31, 1981, and recorded in Barnstable County Registry of .Deeds, Book 3354, Page 273. I For further reference, see site plan entitled "Plan �. of land located :in Barnstable, Mass. prepared for WINTER j STREET REALTY TRUST," dated March 25, 1982, and recorded '. herewith in Plan Book 3GI , Page 14 i {,I' J 44 I 5=347ipa 04 � ' t tom '{ of the'Commonwealth of Massachusetts. In case any.of the +: provisions stated above conflict with the provisions of said statutes, the provisions of said statute shall control. 1 y EXECUTED as a sealed instrument this -1-4 AWday of i; April, 1982. . i r i WINTER STREET REALTY TRUST t� By: c• ANGEELO ROSSO COMMONWEALTH OF MASSACHUSETTS' • BARNSTABLE, as. April .(3, 1982 i Then personally appeared the above-named ANGELO ROSSO, " Y Trustee, and acknowledged the foregoing instrument to be. ` his free act and deed before me Notary Public ,t ' • . My Commission Expires: f a Y 1 T _ 21 - . Y r s, 2. _i',: e0oK3471 nk 009 09984 yw►,: 'sal: i MASTER DEED of the WINTER STREET CONDOMINIUM , '.jr 7' . ANGELO ROSSO, Trustee of .WINTER REALTY TRUST, estab- lished by Declaration of Trust. dated August 26, 1981, recorded in Book 3354, Page 266 ("Declarant"' herein) , the sole owner of the premises in the Town of Barnstable (Village of Hyannis):, ° Barnstable County, Massachusetts, hereinafter described, r0° a by duly executing and recording this Master Deed does hereby ' a submit said premises to the provisions of Chapter 183A of the General Laws of Massachusetts and proposes to create a and does hereby create a condominium to'be governed by and 0 w subject to the provisions of Chapter 183A, and to that end :•;:� declares and provides the following: Name: The name of the condominium shall be :.r WINTER STREET CONDOMINIUM. ii u° 2. Description of Land: The premises which constitute the CONDOMINIUM consist of the land, with the buildings there- ; on, situated in Hyannis, Barnstable County, Massachusetts .'". and is described in Exhibit "A," annexed hereto and made . -. ,. ';; '•` a part hereof. 3. Description of the Buildinas: There are four (4) i buildings designated, described, containing units and conaist- '' ing of stories as follows: 4 } wKWi P.-GE 00 r. �V Ij is !a) Buildings 1 and 2 are of masonry (concrete block) construction, with wood siding and j asphalt shingle roof. Building 1 has a "I full cellar and contains five units (A, B, C, 'D and E). Building 2 is constructed oil a concrete slab and contains three units (F, G and H). • 'It (b) Building 3 is of wood frame construction, with wood siding, asphalt shingle roof, a A basement, and contains one unit (Unit I). ,i (c) Building 4 is of wood frame construction, with wood siding, asphalt shingle roof, and is part of the common elements, subject to the exclusive right of the Declarant to use same and convert the interior of a a said Building 4 into a unit, as fully set. forth in Paragraph 5, hereinafter. 4. Desionation of Units and Their Boundaries: The' CONDOMINIUM units (hereafter referred to.as `the Units") and the designations, locations; approximate areas, numbers of rooms, immediately accessible.common areas, and other 1 descriptive specifications. thereof are as set forth in Exhibit "B," annexed hereto. ! !. The boundaries of the Units: with respect to floors, ---------------- J >S � , t .� 1 .� t P.♦. i GE t F ceilings, and the walls, doors an i d windows thereof are as ` follows: , ! (a) Floors: For Units A, B, C, D, E, F, G ,y and H and that portion of I containing a Ls basement, the upper surface of.the concrete ' slab or concrete basement floor. For all other Units or parts of Units, the lane. of i p 1 �: c • the upper surface of the floor .joists. (b) Ceilings': ' �.IMC the. plane of the lower surface of the roof �. rafters. (c) Interior Building Walls:. The plane of the ,s�� • surface -of the masonry wall facing such Unit. (d) -Exterior Building Walls, Doors and Windows: f" As to walls, the plane of the interior Bur;- •�� `.- face of the masonry, •� � _ my wall or the wall studs as the case may bet as to the' doors;the ex- terior surface of the glass and of the win- dow-frames. b (e) Decks and outside stairs from decks to ground shown on floor plans of Units are in- ry cluded in the Unit and are specifically made a 3 li 1. f V. r; } k I 600 K3471 PACE Oil - ; 3 I a part thereof. Each Unit is subject to fI j and has the benefit of ment of encroachmen an ease- +; t in the event that said Unit encroaches �i upon an other th er Unit 0 r u� on P anY Portion do n 1 of or i the Common Element n the event that an s Y Other Unit or the Common Elements 3 1 .. j. i encroach upon said Unit, as a result of the cone I ` of the buildings of which said Unit is a traction kof.the settling or shiftin of Part or as a result i 9 said building .'• ` 1 of said encroachment. to the extent j Each Unit is subject to an easement for the benefit of the other Units to' uae ducts the pipes, wires, flues, conduits, cables, public utility lines and other Common Elements. 5• Phases of Develo ent: The Declarant.hereof reserves the right for himself, his heirs successors and assigns to add to the CONDOMINIUM an additional phase, Phase II, as hereinafter set forth. .' Phase II shall consist of one additional designated Unit J be unit, tp which said' Unit ahall 'be contained in.� Building . 4, The- location 'and' floor plans of such Unit is as shown on the Site and Floor Plana of the rol'IINIUM, to in Paragraph • 7 hereinifter'and recorded herewith. At the time of the dedication of said Phase II shall also dedicate: to , Declarant the CONDOMINIUM an'additl:o Of.land sufficient nal under the denait Portion Y requirements of the - - 4 ,�'µ'.�:+: • _ - it' ' BaoK34'�1e.c� OU Zoning .Bylaws 'of the Town of Barnstable to permit the addition 1 of said Unit. to. the.CONDOMINIUM: The Declarant expressly .:..,:.,,. reserves to himself, his heirs, successors-and assigns (i) the sole and exclusive use of. those Common Elements marked "Building 4" on the Site and Floor Plans; (ii.) the right t..� to construct aforementioned Unit in Building 9, and (iii) r: ; . the right, without the consent of an Unit Owner or mort a ee Y 9.9 r upon the satisfaction .of the conditions, set forth in this "= ara ra h p g p , to 'dedicate such completed phase to the. CONDOMINIUM K� by amending this Master Deed so as to include the buildings contained in said completed phase, whereupon Unit J shall become a Unit in the CONDOMINIUM, .at which time the fractional interests. in common areas and facilities shall. change, as r ^ " set forth in Schedule '"C." Nothing herein contained shall be deemed to obligate the Declarant to dedicate Phase II. Declarant must exercise the rights set forth in this Para- . 'graph 5, if at all, within ten (10) .years of this date. Fail-ure to so exercise these'ri hts shall result in Building 9 4 being a portion of the common areas and facilities without ' restriction or limitation. L 6. Common AreaA• and Facilities: The common. reas and.facil= ities of the CONDOMINIUM consist of: Ja) the land above described, together with the benefit ' 'za of and subject to the matters set forth in Section 2 i above. t _ • N q.• 1 I Y 1 •I I.. tl ,t i a3a / all aooK3471eace 014 i (b) the foundations,.'structural columns, beams and supports of the decks. r : I. (c) the foundations, the structural c01umn8, girders, beams, supports, exterior walla, roof and common walls within said buildings# (d) installations of central services such as power, light, gas; hot and cold water, sewer systems, etc., to the extent that such in- i i . stallations serve more than one. (1) Unit or are contained in or pei-manently affixed to any other common areas or facilities, to- gether with an easement of access thereto. for maintenance, repair and replacement] t (a) the building marked "Building 4" subject to the exclusive rights of the Declarant set forth hereinabove, including without limits - tion, the right to construct a unit therein and to dedicate said unit to be a unit in . the CONDOMINIUM, upon which dedication a ' portion of Building 4-shall no longer be common areas, all as set forth in Paragraph 5, hereinbe.fore, - 6 - % I Y t A � t I.kk i ,: a i r BOOK3V. i PA*E OB (f) the 'yards, lawns, ,gardenst walkways, '. Kb parking g lot, patios -and the improve- ments • ments thereon!and thereof, including., walls, bulkheads, railings, steps, lighting-fixtures and planters; subject to such easements for the exclusive use of same as may be made-by the Trustees t: of the WINTER STREET CONDOMINIUM TRUST. ;. .,.: (g) such additional common,areas•and facil- ities as may be defined in- Chapter. 183A. The owners of each Unit shall be entitled -to an undivided J interest in the common areas and facilities in the percentages set forth in Exhibit "C," attached hereto and made a part .n' G: hereof. *' .. ".::. The common areas and facilities shall be sub ect to j - the provisions of the WINTER STREET CONDOMINIUM TRUST, herein- w: after referred to, and to rules and regulations promulgated pursuant thereto with respect to the use thereof, assignments tY> of certain such facilities to particular Unit owners (as, '4 4 fbr example, storage space or parking space), and payments:.. x, 9 required therefor. ' 7. Plana: A site plan showing the premises which con- ,y # stitute the CONDOMINIUM, dated March 25, 1982, entitleds' s oaf .71 E0OK3471PKCE ai6 f .y 'Plan of Land located in Barnstable, Massachusetts, prepared for WINTER STREET REALTY TRUST,' drawn by Cape & Islands Surveying, Inc., is to be recorded herewith. Floor n pla a of the building showing the layout, location, unit numbers and dimensions of Units, and bearing the verified statement I of a registered engineer or land surveyor, certifying that i the plans fully and accurately depict the same, drawn by I: said Cape & Islands Surveying, Inc., dated March 23, 1982, ! is also to be recorded herewith. 8. Purposes: The buildings and the •Units and other , facilities therein, are intended to be used primarily for residential purposes, but this specifically does not pro - hibit .the incidental and occasional use of a Unit by the occupants.thereof for purposes of conducting a small service r i oriented business, provided that no employees or signs may be employed. The Declarant may use any Unit owned b him. it Y as model i for display for purposes of sale or leasing of Units. �I 9. Restrictions o n Use:' Unless otherwise permitted by instrument in writing duly executed by the Trustees of i WINTER STREET CONDOMINIUM TRUST pursuant to provisions of the -Bylaws thereof: i (a). no Unit shall be used for any purpose 4 e i BOOK347iP.cE Q7 ,per r• A,4_, j other than a purpose ermined under 4 ! P Section 8 above;. K��•a (b) the architectural integrity of the build g in. e s and the Units shall b preserved ' �t. without modification, and, to that end, ` t without limiting the + 9 generality of the "-� Y foregoing, no balcony enclosure awning, r�t .;.. screen, antenna, sign, banner or other IN • device, and no exterior change, addition, structure, projection, decoration or other feature shall be erected or placed �-»• upon or attached to any such Unit or any part thereof, no addition to or change or ;,k'.•• replacement of any exterior 'light, door wZI-.- knocker or other exterior hardware shall be t made I, and no painting, attaching of de- calcomania or other decoration shall be done on any exterior part or surfacezof any Unit nor on the interior surface of any ) window, without the written consent of a 1 S 1(4' majority of the Trustees of the WINTER STREET CONDOMINIUM.TRUST, but this subpara- graph (b) shall not restrict the'rights bf Unit Owners to decorate the interiors ofVK�W f g _ Y Y 5003 ji PLGE 019 y� Barnstable County Registry of Deeds, PROVIDED, HOWEVER, that: (a) The date on which any such instrument ..: is first signed by a Unit.Owner shall be indicated thereon as the date there- of-and no .such instrument shall be of ' any force or effect u nlesa the' same has been so recorded within six (6) months after such date; (b) No instrument of amendment which alters . the dimensions of any Unit shall be of ; any force or effect unless the same has been signed by the owners of the Unit so altered; 1 t (c) No instrument of amendment which .alters the percentage. of the undivided interest to which any Unit is entitled in the com- mon areas and facilities shall be of any force of effect unless the same has been ' signed by the owners of all of the Units and said instrument is therein designated ' as an Amended Master Deed; f (d) No instrument of amendment affecting the percentage of interest of any Unit sub- , • ' - 11 - I i v I BOOK347JL PAGE 020 C' • ` ject to a first mortgage of record thereon held .by a bank, credit union, insurance company, or other institutional• lender, or a purchase money second mort- gage held by the Declarant or his heirs or �. assigns shall be of any force of effect i` is unless the same has been assented to by I' such holder, which assent shall not be un- reasonably withheld; and , i (e) No instrument of amendment which alters ' this Master Deed in any manner which would i' render it contrary to or inconsistent with 1 any requirements or r provisions of said 1' � :. Chapter 183A of the General Laws of Massachusetts shall be in force or effect. No instrument of amendment which alters I: - ';` Paragraph 8 shall be of any force or effect I.. unless signed by all Unit Owners. 11. Provisions for the Protection of'Sort a ees:• Not- withstanding ing anything in this Master Deed or in the WINTER f STREET CONDOMINIUM- TRUST ("CONDOMINIUM TRUST") and Bylaws j to the contrary, the following provisions shall apply for the *protection of the holders of the first mortgages (here- f inafter "First-Mortgages") of record with respect to the - 12 f - '. :r A ' ' BooxWiPAGE 021 Units and shall be enforceable by any First Mortgagee: l (a) In the event that the Unit Owners shall amend this.Master Deed or the CONDOMINIUM TRUST to include therein any right of first refusal in connection with- the sale of a Unit, such right of first refusal shall not ee to:impair the rights of a.First Mortgagee i 9 9 9 foreclose or take title to a Unit pursuant to the remedies provided in its mortgage; or Y (ii) accept .a deed (or assignment) in lieu of foreclosure in the event of fi default by a mortgagor; or sell or lease a Unit acquired by the First Mortgagee through the procedures described in subpara-41 ' j graphs (i) and (ii) above.. - (b) Any party who takes title to a -Unit through a foreclosure sale duly conducted by a First Z. Mortgagee shall be exempt, from any such. right of first refusal adopted by the Unit Y3 Owners and incorporated in this Master Deed ,. or the CONDOMINIUM TRUST; "Xi a ? - 13 — BooK347i rACE 022 i, (c) Any First Mortgagee who obtains title to .' a Unit by foreclosure or pursuant to any Sf other remedies provided in its mortgage or by law shall not be liable for such Unit's unpaid common expenses or dues which j: accrued prior to the acquisition of title f � to such Unit by such First Mortgagee] (d) The Unit Owners and the Trustees shall not be entitled to take the following actions t' unless the First Mortgagees with respect to all of the Units have given their prior written consent thereto: !� (i) by any act or omission, seek to ' abandon or terminate the CONDO- - a :4 MINIUM, except. in the event of sub- stantial destruction of the CONDO- MINIUM by fire or other casualty or in the case of, taking by condemna- tion or eminent domainf or j (ii) change the pro rata interest or ) ; obligations of any individual Unit for the purpose of: (a) levying i assessments or charges or allocat- ing distributions of hazard insur- j' 14 - I ' F `;s BOOK3471 PLGE 023 ance proceeds or condemnation awards; or (b) determining the { pro rata share of ownership oLf , ' L each Unit in the .Common Areas and Facilities; or '`•' (iii) partition or subdivide any Unit; or (iv) by any act or omission seek to aban- don, partition, subdivide encumber, sell. or transfer the Common Areas and t. Facilities provided that the•_ r P grant- + ing of easements for public purposes consistent with the intended use of �. i the Common Areas and Facilities shall + not be deemed an action for which ' prior consent of the' First Mortgages •h ` shall be required pursuant to this clause; 'or t (v) use hazard insurance proceeds on i. account of losses to either the Units : ., .;, or the Common Areasand Facilities other than repair, replacement or' re-' construction thereof, except as other- Wise' provided in Paragraph 5.5 of the ' CONDOMINIUM TRUST, which contains pro-. ' 'ice ;(^'•': t3_ - 15 - `', a" { BOOK347ind 024 i V is • ` visions dealing with substantial losses in conformity with the re- quirements of Section 17 of Chapter • 183A. I,. (e) Consistent with the provisions of Chapter ? 183A, all taxes, assessments, and charges ! L which may become liens prior to a first' mortgage under the laws of the Commonwealth i � of Massachusetts shall relate only to the individual units and not to the CONDOMINIUMS as a whole. (f) in no event shall any provision of this Master Deed or the CONDOMINIUM TRUST give a Unit Owner or any other party priority '• over any rights of a First Mortgagee pur- suant to its mortgage in the case of a distribution to such Unit Owner of insur- ance proceeds or condemnation awards for losses to or a taking o$ such Unit and/or the Common Areas and Facilities. A First Mortgagee, upon written request made to the Trustees of•the CONDOMINIUM trust, shall be entitled to: - 16 - aooK347i PAGE 025 Y - V. (i) written notification from' the {:. Trustees of the CONDOMINIUM TRUST. 14 of any default by its borrower who is an Owner of a Unit with respect u to any obligation of such borrower +� ut under this Master Deed or the pro-' visions of the CONDOMINIUM TRUST" which is not cured within sixty (60) days;' a (ii) inspect all books and records of the •'< CONDOMINIUM TRUST at all reasonable " times: receive an audited annual financial statement of the CONDOMINIUM TRUST within ninety (90) days following the end of any fiscal year of the CONDOMINIUM TRUST: (iv) receive written notice of.all meet- ings of the CONDOMINIUM. TRUST, and be permitted to designate a repre- sentative to attend all such meetings; and 17 - , :fir _ BOOK �"f j•PACE O26 i - (v) receive prompt written notifica- tion from the Trustees of the CON- c � ® DOMINIUM TRUST of any damage by fire or other casualty to the Unit upon which the First Mortgage or any proposed taking by condemnation i j: or eminent domain of said Unit or !' the Common Areas and Facilities. j i (h) No agreement for professional management of the CONDOMINIUM or any other contract Yl. with the Declarant may exceed a term of f'. three (3) years, -and any such agreement shall provide for termination by either party without cause and without payment 1 of a termination fee on thirty (30) days' or less written notice. .� The Declarant intends that the provisions of this Para- graph shall _comply with the requirements of the Federal Home i Loan Mortgage Corporation and Federal National Mortgage i" Association with respect to the condominium mortgage loans, and all questions-with respect thereto shall be resolved consistent with that intention. The provisions of this Paragraph may not be amended or, rescinded without the written consent of all First Hart- - 18 _ M t t ;t 1 B00KM7iP4CE j�.?.. gages, which consent shall appear on the instrument or amend- ' i.. ment as such instrument is•duly'recorded with said Registry s, 1,^ of Deeds in accordance with the requirements of Paragraph i (g) hereof. 12. Trust: The Trust through which the Unit Owners i will manage and regulate the CONDOMINIUM -established hereby is the WINTER STREET CONDOMINIUM TRUST/under Declaration rei ) of'Trust, dated April 23 , 1982, to be recorded herewith. �j Said Declaration of Trust establishes a membership organiza- r tion of which all Unit Own ers shall be members and in which t such owners shall have an interest, based on value, in �'a`�• proportion to the percentage of undivided interest in the �. common :areas and facilities to which they are entitled here- ' under. The name and address of the original and present ? Trustee thereof (therein designated as the Trustee thereof) " r is as follows: .rS ANGEIA ROSSO C/O Terry, Dunning 6 Terry Route 28 - P.O. Box.560 k Mashpee, Massachusetts 02649 Said Trustee has enacted Bylaws, which are set forth is said Declaration of Trust, pursuant to .and in accordance with provisions of Chapter 183A of the General Laws of Massachusetts. 13. The Units and common areas and facilities, and Unit Owners and Trustees of the WINTER STREET CONDOMINIUM TRUST, shall have' the benefit of .and be subject to the provisions _ t 19 - L 1' 1 r 503M PACE • p i of Chapter 183A of the General Laws of Massachusetts, and 4 in all respects not specified in this Master Deed or in the • K Declaration of Trust of the WINTER STREET CONDOMINIUM TRUST S and. the Bylaws set forth therein shall be governed by pro- visions of Chapter 183A in their relation to each other and to the CONDOMINIUM established hereby, including, without G is Ii limitation, provisions thereof with respect to common expenses, . a.: funds and profits, with respect to removal of the.CONDOMINIUM If a I' premises or any portion thereof from the provisions of said Chapter-183A. 14. Definitions: All terms and .expressions therein f used which are defined in Section l of Chapter 183A shall ? ' have the same meanings herein unless the context otherwise requires. I' 15. Invalidity: The invalidity of any provisions of D. this Master Deed shall not be deemed to impair or effect in any manner the validity, enforceability or effect of the remainder of this Master Deed and,.in such event, all of the other provisions of this Master Deed shall continue in full force and effect. 16. Conflicts: This Master Deed is set forth to comply with the requirements of Chapter 183A of the General Laws I - 20 -