HomeMy WebLinkAbout0009 WOLLEY ROAD � 1�1� I I� Ind- -
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Cape Save Inc.
7-D Huntington Avenue
South Yarmouth, MA 02664
Tel: 508-398-0398 Fax: 508-398-0399
5/22/19 BUfLD1NG D
EPT
MAY 282019
Brian Florence CBO
Town of Barnstable TOWN OF Bq �
Building Division �c
200 Main St.
Hyannis,MA 02601 i
RE: Insulation Permit 19-1079
Dear Mr. Florence:
This affidavit is to certify that all work completed for 9 Wolley Road,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
Town of Barnstable Building
t^."r9 ,.� „.:F, �' ,.� „ .. x"' K `=1s8 d'..
�PostrThis Card So That�t�s Visible Fromffi Street :Approved,Plans Must be�Retamed on 1ob.and this Card Must be Kept
r ABLE, -T 5 �'z"£, dr ""3✓+„ � ,3 f y ns 2. i d �� '3:: ^ � F �' �fa�'
16 Posted Until Final Inspection Has Been Made z _ rm
�° Buildin� hall Not Occu; led.until a`FInal Ins„ection..has been Pei jjilt
r �Where€a Cert�ficate�of Occupancy�s Req �, ... w.. ._ .x ; . . . .. .; ,..,.... .
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Permit No. B-19-1079 Applicant Name:• William McCluskey Approvals
Date Issued: 04/04/2019 ' Current Use: Structure
Permit Type: Building-Insulation-Residential Expiration Date: 10/04/2019 Foundation:
Location: 9 WOLLEY ROAD, HYANNIS Map/Lot: 270 157 Zoning District: RB Sheathing:
Owner on Record: WATTLEY,CLAYTON&SVETOSLAVAContractor,Name WILLIAM J MCCLUSKEY Framing: 1
License
Address: 9 WOLLEY ROAD
' Contractor e: CSSL-102776 2
HYANNIS,MA 02601 Est Project Cost: $3,500.00 Chimney:
Description: 'Add R-38 fiberglass,and R-30 cellulose to the.attic Add R 19 Permit Fee: ' $85.00
Insulation:
fiberglass to the basement.Air seal the attic plane and basement
Fee Paid.` $85.00
with expanding foam. General weathenzation; , Final:
4/4/2019
Project Review Req: g
Plumbin /Gas
Rough Plumbing:
_h. . • _ _ �,�' Building Official
Final Plumbing:
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after;issuance.
' "'hi permit has been ranted. Rough Gas:
document"sfor,whicht. s g
All work authorized by this permit shall conform to the approved application,and the,approved construction �, p g
All construction,alterations and changes of use of any building and structures shall be in compliance with the local zornrigby,aws:and codes.
This permit shall be displayed in a location clearly visible from access street or'roadand shall be maintained open for public inspection for the entire duration of the Final Gas:
work until the completion of the same Electrical
The Certificate of Occupancy will not be issued until all applicable signatures by the Buldmg and:Fe Officials are provided on this permit.
Minimum of Five Call Inspections Required for All Construction Work: ' Service:
1.Foundation or Footing
2.Sheathing Inspection m � y � Rough:
s
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:
"Per, ns racting 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
Final:
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT
f t
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
.o 0
Map O Parcel Application
Health Division .Date Issued
Conservation Division Application Fee
Planning Dept. Permit Fee
Date Definitive Plan Approved by Planning Board
Historic - OKH _ Preservation / Hyannis
Project Street Address \VOU-V RD -�
Village NuF11JIaIs� I`�W 1 -
Owner W 11 MM R SC6fq/-> Address n
Telephone
Permit Request OPEW UP WAIT BEE NEI I U\J END YUTVE1\1 qi t INSTw1 IZ" LVL
Wt-M)E - OPEN UP NU\A 1`� 1N G \NMI K-ETW EEN K ITCH;Rt AND D1111196 —
TII N IsN OFF Q?Qq IN WEMFN t . ADD HALF BAN TO MAS-ML QED . APLACE
Square feet: 1 st floor: existing I� Kr{t,uG,t + BATH CiQ6IKlE�'S
proposed 12nd floor: existing proposed Total new
cBAN r, DWIL$ 5WCOL
Zoning District Flood Plain Groundwater Overlay
Project Valuation i 90 Construction Type
Lot Size / Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation.
Dwelling Type: Single Family ® Two.Family ❑ Multi-Family(# units)
Age of Existing Structure MI Historic House: ❑Yes Uil No On Old King's Highway: ❑Yes ❑ No
Basement Type: O'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 f new
Total Room Count (not including baths): existing new First Floor Room Count
Heat Type and Fuel: 59i Gas ❑ Oil ❑ Electric ❑ Other
Central Air: ❑Yes �No Fireplaces: Existing New Existing wood/coal stove: ❑Yes 51/No
Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_
Attached garage: ❑ existing ❑ new size _Shed: N(existing ❑ new size _ Other:
Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑
Commercial ❑Yes ❑ No If yes, site plan review#
Current Use Proposed Use
A APPLICANT INFORMATION
(BUILDER OR HOMEOWNER)
Name V1K-r 1 �'1 K Sic �f Telephone Number Nqq) - 5f3 77
Address 1%S L)A License #
�Jl��/1U`13 l[T-11 oz6®l Home Improvement Contractor#
Worker's Compensation #
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
12bi 1SIGNATURE DATE
FOR OFFICIAL USE ONLY
APPLICATION#
DATE ISSUED
MAP/PARCEL NO. _
ADDRESS VILLAGE
OWNER
J
DATE OF INSPECTION:
FOUNDATION
4
F FRAME
t
INSULATION
FIREPLACE
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL
r` GAS: ROUGH FINAL
f FINAL BUILDING `
DATE CLOSED,OUT
ASSOCIATION PLAN NO. a
z -
i
The Cornrnonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations f �'
600 Washington Street
Boston, MA 02111
www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Print Le0bly
Name (Business/0rganizatio ndividual
Address: ®
City/State/Zip: . Phone #: (�qq)5�6 q-q l
Are you an employer? Check the appropriate box: Type of project(required):
1.❑ I am a employer with 4. ❑ I,am a general contractor and I w
employees(full and/or part-time).* have hired the sub-contractors
6. ❑ New construction
2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling i
ship and'have no employees These sub-contractors have 8. ❑ Demolition I
w rking for me m anycapacity. employees and have workers'
o workers' comp. insurance comp. insurance.
# 9. ❑ Building addition.
required.] 5: ❑ Weare a corporation and its 10.❑ Electrical repairs or additions
3. I am a homeowner,doing all"
work officers have exercised their 11.❑ Plumbing repairs or additions
myself..[No workers' comp. right of exemption per MGL 12.Q Roof repairs
insurance.required.) t c. 152, §1(4),and we have no
employees. [No workers' 13.❑ Other
COMP; insurance required.]`
*Any applicant that checks box#I must also fill out the section below showing their Workers'compensation policy information.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
xContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have
employees. If the sub-contractors have employees,they must provide their workers'comp.policy number.
1 am an employer that is-providing workers'compensation insurance for my employees. Below is the policy and job site
information
Insurance Company Name:
Policy# or Self-ins. Lic. #: Expiration Date:
Job Site Address: City/State/Zip:
Attach a copy of'the workers''compensatien policy declaration page"(showing,the policy nuruber and expiration date).
Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to S1,500.00 and/or one-year.imprisonment,.as well as civil penalties in the.form of STOP WORK ORDER and a fine
of up to 3250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage yezification.
1 do hereby;cerd er the pains and penalties of perjury that-the information provided above is true and correct
Signature: Date: 94 2_0 ?A011 ".
Phone#: 7
Official use.only. Do not write in this area, to be completed by city or town official
City or Town; Permit/License#
Issuing Authority(circle one):
1.Board.of Health 2.•Building Department I City/Town Clerk 4 Electrical Inspector 5. Plumbing inspector
6. Other
Contact Person: Phone#:
Information and Instructions.
Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees.
Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire,
express_or implied, oral or written."
An employer is defined as"an individual,partnership,association, corporation or other legal entity, or any two or more
of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the
receiver or trustee of an individual, partnership,association or other legal entity, employing employees. However the
owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the
dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house
or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer."
MGL chapter 152, §25C(6) also states that"every state or local licensing agency shall withhold the issuance or
renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any
applicant who has not produced acceptable evidence of compliance with the insurance coverage required."
Additionally, MGL chapter IS2, §25C(7)states "Neither the commonwealth nor any of its political subdivisions shall
enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance
requirements of this chapter have been presented to the contracting authority."
Applicants
Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if
necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s) of
insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the
members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have
employees, a policy is required. Be advised that this affidavit may be submitted.to the Department of Industrial
Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should
be returned to the city or town that the application for the'pemiit or license is being requested,not the Department of
Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers'
compensation policy,please call the Department at the number listed below. Self-insured companies should enter their
self-insurance license number on the appropriate line.
City or Town Officials
Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom
of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant.
Please be sure to fill in the permiulimnse number which will be used as a reference number. In addition,an applicant
that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current
policy information(ifiiecessary) and under"Job Site Address"the applicant should write"all locations in (city or
town)."A copy of the affidavit that has been officially stamped or marked by the.city or town may be provided to the
applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each
year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture
.) said person is NOT required to complete this affidavit.
a dog license or permit to burn leaves etc
The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions,
please dono' t hesitat. e to give us a call.
..
The Department's address, telephone and fax number: �,t rr-•
The Commonwealth of Massacbusetts.
Department of industrial'Accidents 1
Office of Investigations
600 Washington Street
Boston, MA 02111
Teat#.617-727-4900 ext 406 or 1-877-MASSAFE
Fax# 617-727-7749-
Revised 4-24-07 www.mass.gov/dia
• Town of BarnstabrIe
Regulatory Services
Thomas F. Geiler., Director
KASS. Building Division
019
�PD► Tom Perry, Building Commissioner
200 Main Street, Hyannis, MA 02601
www.town.barnstable.m a.us
Office: 508-862-4038 Fax: 508-790-6230
HOMEOWNER LICENSE EXEMPTION
Please Print
DATE: '
JOB LOCATION: 1 V pUjV
number
�Q t-i y Q�(�(��street {� village (�
.,HOMEOWNER": Vj?A11 1�SM t/� V1-70� � ��`I ��i�-7
name j home phone# work phone#
CURRENT MAILING ADDRESS: 6L,
city town state zip code
The current exemption for"homeowners"was extended to include owner-occupied dwellings ofsix units or less
and to allow homeowners to engage an individual for hire who does not possess.a license,provided that the owner
acts as supervisor.
DEFINITION OF HOMEOWNER
Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to
be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A
person who constructs more than one home in a two-year period shall not be considered a homeowner. Such
"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be
responsible for all such work performed under the building permit. (Section 109.1.1)
The undersigned"homeowner"assumes responsibility for compliance with the State Building.Code and other
applicable codes,bylaws,rules and.regulations..
The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department
minimum inspection procedures and requirements and that he/she will comply.witlr•said procedures and
re ementS.
Signature of Homwwn T
Approval of Building Official
Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the
State Building Code Section I27.0 Construction Control.
HOMEOWNER'S EXEMPTION
The Code states that "Any homeowner performing work for which a building permit is required shall be exempt from the provisions
of this section(Section 109.1.) -Licensing-of construction Supervisors);provided that.if the homeowner engages a persons)for hire to do such
work,that such Homeowner shall act as supervisor."
Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q.
Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack ofawareness often results in serious problems,particularly
when the'homeowncr hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed
Supervisor..The homeowner acting as Supervisor is ultimately responsible.
To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as pert of the permit application,
V that the homeowner certify that he/she understands the responsibilitie5of a Supervisor. On the last page of this issue is a form currently used by
several towns. You may care t amend and adopt such a fpmticertification for use in your community.
Q:forms:homccxcmpt.
P� ~
f `
Y$ a639,. Town of Barnstable
tm�
Regulatory Services
Thomas F. Geiler,Director
Building Division
Thomas Perry, CBO
Building Commissioner
200 Main Street, Hyannis,MA,02601
,
www.town.barnstable.ma.us
Office: 508-962-4038 Fax: 508-790-6230
Property Owner Must
Complete and Sign This Section
If Using A Builder
I as Owner of the subject property
hereby authorize to act on my behalf,
in all matters relative to work authorized by this building permit application for:
(Address of Job)
Signature of Omer: Date
Print Name
If Property Owner is applying for permit,please complete the Homeowners License Exemption Form on the
reverse side.
C:\Usersldecollik\AppData\Local\Microsoft\Windows\Trmporary Intemrt Files\COntCnt.011tlook\DDV87AAZ\EXPPESS.doc
Revised 072110
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11 lit t ITT,AN14)(1\II111 1ti1%I:l)N\
STANDARD RESIDENTIAL PURCHASE AND SALE AGREEMENT [#5431
(with Contingencies)
The parties make this Agreement this_ �J✓ day of. 4112 �. This
Agreement supersedes and replaces all obligations made in any prior Contract To Purchase or agreement for
sale entered into by the parties.
1. Parties:
Trinidad F. Alvarado the "SELLER," agrees.to sell and
Wellington Soares the ".BUYER," agrees to buy, the
premises described in paragraph 2 on the terms set forth below. BUYER may require the conveyance to be
made to another person or entity ("Nominee") upon notification in writing to SELLER at least five business
days prior to the date for'performance set forth in paragraph 5. Designation of.a Nominee shall not discharge
the BUYER from any obligation under this Agreement and BUYER hereby agrees to guarantee performance
by the Nominee.
2. Aescriotion Of Premises. The premises(the`Premises")consist of:
(a)the land with any and all buildings thereon known as 9 Wolley Road, Hyannis, MA 02601
as
more specifically described in a deed recorded in the Barnstable Registry of Deeds at
Book 18184 Page 105 [Certificate No. N/A 1, a copy of which N is El is not[choose
oriel attached; and
(b) all structures; and improvements on the land and the fixtures, including, but not limited to: any and
all storm windows and doors, screens; screen doors, awnings, shutters,window shades and blinds,
curtain rods, furnaces, heaters, heating equipment, oil and gas burners and fixtures, hot.water heaters;
plumbing and bathroom fixtures, towel racks, built-in dishwashers, garbage disposals and trash
compactors, stoves, ranges, chandeliers, electric and other lighting fixtures, burglar and fire alarm
systems, mantelpieces, wall-to-wall carpets, stair carpets, exterior television antennas and satellite
dishes, fences, gates, landscaping. including trees, shrubs,.flowers; and the following built-in
components, if any: air conditioners, -vacuums systems, cabinets, shelves, bookcases and stereo
speakers, and
but excluding
(risen references to refrigerators. dishwashers, microwave ovens, washing machines,dryers or other where appropriate)
3. Purchase Price: The purchase.price�or the Premises is$ 122,501.00 ( One hundred and
twenty two thousand and five hundred and one dollars)of which
500.00 were paid as a deposit with Contract To Purchase; and
8,000.00 are paid with this Agreement;
$ are to be paid ;and
$ f14,001.00 are to be.paid at the time for performance by banks, cashier's, treasurer's.or certified
check.or by wire transfer.
122,501.W Total
4. Escrow. All funds deposited or paid by the BUYER shall be held in a non-interest bearing escrow
account,by Century 21 Sarn ingram Real Estate as escrow agent,subject to the
BUYER'S.anl gals BUYER'S Initials SELLER'S Initials SELLER'S Initials'
Form No.503
MASSFORms-
swewwe'maadxrd f0MASSACHUSETTSASSOCIATV4OF`REALTORS��
Page t of T
Form,ryeMF2ted by.Tri4Forms.frttm:REVEAL%,s�sTEms,irlc 81.0:494 9612 - ;i•%+:• �'
. If a
the rwise du! accounted for at the time for performance,.
s of this Agreement and shall be paid or a Y
term g.
dispute arises between the BUYER and SELLER concerning to whom escrowed funds should be paid,the.
escrow agent may retain all escrowed funds.pending written instructions mutually given by-the BUYER and
the SELLER. The escrow agent shall abide by any Court decision concerning to whom the funds shall be
paid and shall not be made a party to a lawsuit solely as a result of holding escrowed funds. Should the
escrow agent be made a party in violation of this paragraph,the escrow agent shall be dismissed and the
party asserting a claim against the escrow agent shall pay the agent's reasonable attorneys'fees and costs. [if
interest is to accrue on escrowed funds. indicate to whom it shall be paid-]
5. Time For Performance. The SELLER shall deliver the deed and the BUYER shall pay the balance of the
purchase price at 2 o'clock R. m. on the 26 day of_ Apr 2011 , at the
Barnstable Registry of Deeds, or at such other time and place as is mutually agreed in
writing. TIME IS OF THE ESSENCE AS -O EACH PROVISiON.OF THIS AGREEMENT. Unless the deed
and other documents required by this Agreement are recorded at the time for performance;all documents and
funds are to be held in escrow, pending prompt rundown of the title and recording(or registration in the case
of registered land). SELLER'S.attorney or other escrow agent shall disburse funds the next business day
following the date for performance, provided that the recording attorney has not reported a problem outside
the recording attorneys control.
6. TftlelPlans. The SELLER.shall convey the Premises by a good and sufficient quitclaim deed running to
the BUYER or to the BUYER'S nominee, conveying good and clear record and marketable title to the
Premises,free from liens and encumbrances,except:
(a)Real estate taxes assessed on the Premises which are not yet due and payable-
(b)Betterment assessments,if any,which are not a recorded lien on the date of this Agreement;'
(c)Federal,,state and local laws, ordinances, bylaws, rules and regulations regulating use of land, including
building codes,zoning bylaws, health and environmental laws;
(d),Rlghts and obligations in party walls;
(e)Any easement, restriction or agreen-ent of record presently in force,which does not interfere with the
reasonable use of the Premises as now used;
(f)Utility easements in the adjoining ways.
(g) Matters that would be disclosed by an accurate survey of the Premises; and
{h) None
(insert in(h)references to any other easement, rastriction,lease or encumbrance which may continue.after title is transferred]
if the deed refers to a plan .needed.to.be recorded with it, at the time for performance the SELLER shall
deliver the plan with the deed in proper fo-m for recording or registration. -
7. Title Insurance. 6UYER's obligations are contingent upon the availability(at normal prem..ium rates}of
o
an owner's title insurance policy insuring BUYER'S title to the premises without exceptions other than the
standard exclusions from coverage printed in the current American Land Title Association ("ALTA")policy
cover, the standard printed exceptions contained in the ALTA form currently in use for survey matters and real
estate taxes (which shall only except real estate taxes not yet due and payable) and those exceptions
permitted by paragraph 6 of this Agreement. '
d
8. Closing Certifications and Documents. The SELLER shall execute and deliver simultaneously with the
delivery of the deed such certifications and documents as may customarily and reasonably be required by the
BUYER' .. is ` BUYER'S.Initials Y 6 SEL ER'S'Initials SELLER'S Initials'
Forr l No 503 .
�:SFE710 YlSry, �20tO MASSACHUS riS ASSOCIATION OF REALTORS _
a 5tatertWe Standard Beal E�taRt torte Page 2 or 7
-Y.Form genetgted by-J'1'UPFnrms""'trcm R.EYEAL2.SYSTEMS Im 800-439412 a • '
BUYER'S attorney, BUYER'S lender, BUYER'S lender's attorney or any title insurance company insuring the
BUYER'S title to the Premises,including,without limitation,certifications and documents relating to:
(a) parties in possession of the premises: (b) the creation of mechanics' or materialmen's liens; and
SELLER'S satisfaction of requirements concerning.UFFI imposed upon residential sellers by statute and
applicable regulations; (c).the HUD-1 Settlement Statement and other financial affidavits and agreements as
may reasonably be required by the lender or lender's attorney: (d)the citizenship and residency of SELLER
as required by law;and (e)information required to permit the closing agent to report the transaction to the
internal Revenue Service. At the time of delivery of the deed, the SELLER may use monies from the
purchase to clear the title, provided that all documents related thereto are recorded with the deed or within a
reasonable time thereafter acceptable to the BUYER and, provided further,that discharges of mortgages from
banks, credit unions, insurance companies and other institutional lenders.may be recorded within a
reasonable time after recording of the deed in accordance with usual conveyancing practices. The SELLER'S
spouse hereby agrees to release all statutory, common law or other rights orinterest in the Premises and to
execute the deed, if necessary,
9. Pollession And Co6dition Of Premises. At the time for performance:the SELLER shall give the
BUYER possession of the entire Premises free of all occupants and tenants and of all personal property,
except property included in the sale or,tenants permitted to.rem'ain. At the time for performance the Premises
also shall comply with the requirements of paragraph 6, and be broom clean and in the same condition as the
Premises now are,reasonable wear and tear excepted,with the SELLER to have performed all maintenance
customarily undertaken by the SELLER between the date of this Agreement and.the time for performance,
and there shall be no outstanding notices of violation of any building, zoning, health or environmental law,
bylaw, code or regulation.except as agreed. The BUYER shall have the right to enter the Premises within
forty-eight (46') hours prior to,the time for performance or such other time as may be agreed and upon
reasonable notice to SELLER for the purpose of determining compliance with this paragraph. At the time of
recording of the deed;or as otherwise agreed,the SELLER shall deliver to BUYER all keys to the Premises,
garage door openers and any security codes. Until delivery of the deed,the.SELLER shall maintain fire and
extended coverage insurance on the Premises in the same amount as currently insured.
10. .Extension of Time For Performance. If the SELLER cannot convey title as required by this Agreement
or cannot deliver possession of the Premises as agreed, or if at the tine of the delivery of the deed the
Premises do not conform with the requirements set forth in this Agreement or the BUYER is unable to obtain
title insurance in.accordance with paragraph 7, upon written notice given no later than the time for
performance from either.party to the other, the time for performance shall be automatically extended for thirty
(M)days, except that if BUYER'S mortgage commitment expires or the terms will materially and adversely
change in fewer than thirty (30):days, the t me.for performance set forth in.paragraph 5.,sha11 be extended to
one business day before expirat ion.of the mortgage commitment. SELLER shall use reasonable efforts to
make title conform or to deliver possession as agreed,or to make the Premises conform to the requirements-
of this Agreement. Excluding discharge of mortgages and liens,.about which the SELLER has actual
knowledge at the time of signing this Agreement,the SELLER shalt not be required to incur costs or expenses
totaling in excess of one=half('/} of one percent of the purchase price to make'.the title .or the Premises
conform or to deliver possession as agreed. If at the expiration of the time for performance, or.if there has
been an extension, at the expiration of the time for performance as extended, the SELLER., despite
reasonable efforts,,cannot make the title or Premises.conform, as agreed, or cannot deliver possession; as
agreed, or if during the period of this Agreement or any extension thereof,.the SELLER has been unable to
use proceeds from an insurance claim, if any, to make the Premises conform,then, at the BUYER'S election,
BUYER'S -lals BUYER'S Initials SELI, R'S.Initials SELLER'S Initials
(�
Form No.503
MASSFORMS'a t 2010 MASSA,�HUSETrS ASSOCIATION OF RE�L.TORSe
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any payments made by the BUYER pursuant to this Agreement shall be immediately returned. Upon return
of all such funds, all obligations of the 6UYER and SELLER shall terminate and this Agreement shall
automatically become void and neither tie BUYER no SELLER shall have further recourse or remedy
against the other.
11. Nonconformance Of Premises. If the.Premises do not conform to the requirements of paragraph 9
because they have been damaged by fire or other casualty(occurring after the date of this Agreement)that is
covered-by insurance.then the BUYER shall have the right to elect whether or not to proceed to accept the
Premises and take title. If BUYER elects to proceed BUYER shall have the right to elect to have the SELLER
pay or assign to the BUYER, at the time for performance, the proceeds recoverable on account of such
insurance, less any cost reasonably incurred by the SELLER for any incomplete repairs or restoration. If the
.SELLER,despite reasonable efforts, has r either been able to restore the Premises to its former condition nor
to pay or assign to the BUYER the appropriate portion of insurance proceeds, the BUYER shall have the right
to elect to have the SELLER give the BUYER a credit toward the purchase price, for the appropriate amount
of insurance proceeds recoverable less any costs reasonably incurred by the SELLER for any incomplete
restoration.
12. Acceptance Of Deed, The BUYER. shall have the right to accept such title to the Premises as the
SELLER can deliv.er.at the time for performance and if extended, shall have such right at the time for
performance, as extended. The BUYER shall.also have the right to accept the Premises in the then current
condition and to pay the purchase price without.reduction of price. Upon notice in writing of BUYER'S
decision to accept the Premises and title, the SELLER shall convey title and deliver possession. Acceptance
of,a deed by the BUYER or BUYER'S nominee, if any, shall constitute full performance. by the SELLER and
shall be deemed to release and discharge the SELLER from every duty and obligation set forth in this
Agreement, except any duty or obligation of the SELLER that the SELLER has.agreed to perform after the
time for performance. Notwithstanding :he foregoing, the warranties, if any. made by the SELLER shall
survive delivery of the deed_
13. Adiusjg ea nts. At the time for performance of this Agreement adjustments shall be made as of the date of
performance for current real estate taxes, fuel value, water rates, sewer use charges, collected rents,
uncollected rents(if and when collected by either party), security deposits,prepaid premiums on insurance if
assigned. The net total of such adjustments shall be,added.to or deducted from the purchase price payable
by the BUYER at the time for performance. If the,real estate tax rate or assessment has nol been established
at the time for performance, apportionment of real estate taxes shall be made on the basis of the tax for the
most recent tax year with either party having the right to.request apportionment from the other within twelve
months of the date.that the amount of the current year's tax is established. [if tenants will continue to occupy the.
Premises, use of the Rental Property Addendum to Purchase And Sale Agreement should be considered.]
14L Acknowleda[aent Of Fee Due Broker. The SELLER and BUYER acknowledge that a fee of
six thousand and d one hundred-twenty five dollars &live cents ($ 6,125.05 _) for professional
services shall be paid by the SELLER to Century 21 Sam Ingram Real Estate the"BROKER",
at the time for performance. in the event of a conflict between the terms of this Agreement,and a prior fee
agreement with BROKER, the terms of the prior fee agreement shall control unless BROKER has expressly
agreed to a change in writing. The BUYER and SELLER acknowledge receipt.of a notice from BROKER,
pursuant to 254 of the Code of Massachusetts Regulations Section 3.0(13),regarding any agency
BUYER'S_ " als BUYER'S Initials SEL,ER'S Initials SELLER'S Initials
Form No 503
V 20,10 MASSACHUSETTS ASSOCIATION OF REALTORSO
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relationship of the BROKER with the BUYER and/or the SELLER. The BUYER and SELLER understand that
Oceanside Rea! Gray _- a real estate broker, .is seeking a fee from
Century 21 Sam fngram Real Estate for services rendered as a
buyer's agent/ (choose one), The BUYER further represents and warrants that there-is
no other broker with whom BUYER has dealt in connection with the purchase of the Premises_
15. Buyer's Default. If the BUYER or BUYER'S Nominee breaches this Agreement, all escrowed funds paid
or deposited: by the BUYER shall be paid .o the SELLER as liquidated damages. Receipt of such payment
shall constitute the SELLER'S sole remedy, at law, in equity or otherwise, for BUYER'S default.. The BUYER
and SELLER agree that in the event of default by the BUYER the amount of damages suffered by the
SELLER will not be easy to ascertain with certainty and, therefore. BUYER and SELLER agree that the
amount of the BUY.ER'S deposit represents a reasonable estimate of the damages likely to be suffered.
16. Buyer's Financing, (Delete if Waited) The BUYER'S obligation to purchase is conditioned upon
obtaining a written commitment for mortgage financing in the amount of$ 98 000.00 at prevailing
rates, terms and conditions by April 22, 2011 _. The BUYER shall have an obligation to act
reasonably diligently to satisfy any condition within. BUYER'S control. If, despite such diligent efforts,the.
BUYER has been unable to obtain such written commitment, the BUYER may terminate this Agreement by
giving written notice that is.received by SELLER or SELLER'S agent by 5:00 p.m. on the calendar day after
the date set forth.above. In the event that notice has not been actually or constructively received, this
-condition is deemed waived. In the event that due notice has been received,all monies deposited or paid by
the BUYER shall be returned and all obligations of the BUYER and SELLER pursuant to this Agreement shall
cease and this Agreement shall become void. In.no event shall the BUYER be deemed to have used
reasonable efforts to obtain financing unless the BUYER has submitted at least one (1) application to a
licensed mortgage lender by , done and acted reasonably promptly in providing
any additional information requested by the mortgage lender.
IT ln_ionslSurvey. Buyer has had:an opportunity to conduct all inspections and accepts the condition
of the property as is, subject to any work expressly agreed in writing to be performed at the expense of Seller.-
Notwithstanding the foregoing, the Buyer has 10 days from the date of this Agreement to complete
inspection of by consultant(s) regularly in the
business of conducting said inspections, of BUYER'S own choosing, and at BUYER'S sole cost. If the results
are not satisfactory to BUYER,.in BUYER'S sole discretion, BUYER shall have the right to give written notice .
received by the SELLER or SELLER'S agent by 5:00 p.m. on the calendar day after the date set forth above,
terminating this Agreement. Upon receipt of such notice this Agreement shall be void and.all monies
deposited by the BUYER.shali be returned. Failure to provide timely notice of termination shall constitute a
waiver. In the event that the BUYER does.not exercise the right to have such inspection(s)or to.so terminate,
the SELLER and the listing broker are each released from claims relating to the condition of the Premises that
the BUYER or the BUYER'S consultants could reasonably have discovered.
18. Lead Paint Laws. For premises built before 1978 BUYER acknowledges receipt of the"Department of
Public.Health Property Transfer Notification' regarding the Lead Law, acknowledges verbal notification of the
possible presence of lead hazards and the provisions of the Federal and Massachusetts Lead Laws and
rQgulabons, including the right to inspect for dangerous levels of lead. Occupancy of premises containing
dangerous levels of lead by a child under six,years of age is prohibited, subject to exceptions permitted by
law. BUYER further acknowledges that neither the SELLER not any real estate agent has made any
BUYER'S'Ini ials BUYER'S Initials SELLER'S Initials SELLER's Initials
Form No.503 +
M ssFoRW 02010 MASSACHUSETTS ASSOCIATION OF REALTORSk,A)
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representation, express or implied, regarding the absence of lead paint or compliance with any lead law,
except as set forth in writing. BUYER assumes full responsibility for compliance with all laws relating to lead
paint removal,if required by law, and related matters(in particular, without limitation, Mass. G. L.. c. 111. §
197), and BUYER assumes full responsibility for all tests, lead paint removal and other costs of compliance.
Pursuant to 40 CMR 745.113(a),the Property Transfer Notification Certification is attached to this agreement.
19. Certificate of Approved Installation The SELLER shall equip the residential structure on the
Premises with approved smoke detectors and Carbon Monoxide Detectors and furnish BUYER with
Certificate of Approved Installation from the local Fire Department at the time for performance to the extent
required by law as well as any wood stove permit, if any, required by law, regulation or ordinance.
20. Warranties And Representations. The SELLER represents and warrants that the Premises is/.
is-not [choose one] served by a septic system or cesspool. [If yes, a copy of the Title 5 Addendum is
attached.) The SELLER further represents that there❑is 1 is not! has no knowledge of[choose one]an
underground storage tank or an unapproved and abandoned septic tank. The SELLER further represents
and warrants that SELLER has full authority to enter into this Agreement. The buyer is not relying upon
any representation, verbal or written, from any real estate broker or licensee concerning legal use. Any
reference to the category (single family, malti-family, residential, commercial)or the use of this,property in any
-advertisement or listing sheet, including the number of units, number of rooms or other classification is not a
representation concerning legal use or compliance with zoning bylaws, building code, sanitary code or other
public or private restrictions by the broker. The BUYER understands that if this information is important to
BUYER, it is the duty of the BUYER to seek advice from an attorney or written confirmation from the
municipality. In addition, the BUYER acknowledges that there are no warranties or representations made by
the SELLER. or any broker on which. BUYER relies in making this Offer, except those previously made in
writing and the following:
None
[if.none,state'none.if any listed,indicate by whom the warranty or representation was made.]
2.1. Notices. All notices required or permitted to be made under this Agreement shall be in writing and
.delivered in hand, sent by certified mail, return receipt-requested or sentby United States Postal Service
overnight Express Mail or other overnight delivery service, addressed to the BUYER or SELLER or their
authorized representative at the address set forth in this paragraph. Such notice shall be deemed to have
been given upon delivery or, if sent by certified mail on the date of delivery set forth in the receipt or in the
absence of a receipt.three business days after deposited or, if sent by overnight mail,or delivery, the next
business day after deposit with the overnight mail or delivery.service,whether or not a signature is required.
Acceptance of any notice,.whether by delivery or mail,.shall be sufficient if accepted or signed by a person
having express or implied authority to receive same, Notice shall also be deemed adequate if given in any
other form permitted by law. [if there are multiple buyers, identify the mailing address of each buyer in paragraph 23.]
BUYER, Wellington Soares SELLER: Trinldad F.Alvarado
Address: 68 Seaboard Lane Address: 35 Eldridge Ave
Hyannis MA 02601 Hyannis, MA 02601
22. Counterpart-s 1 Facsimiles ! Construction Of Agreement. This Agreement may be executed in
counterparts_ Signatures transmitted by facsimile shall have the effect of original signatures. This.
Agreement shall be construed as a Massachusetts contract ; is to take effect as a sealed
BUYER'S' ' als. BUYER'S Initials SELL R'S Initials SELLER'S Initials
Form No,503
MASsFoRMs� �2Dt01NASSACf1USFTTti ASSOCIATION OF REAL TORSZ
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instri:inent: sets forth the entire agreement between the parties; is binding upon and is intended to benefit the
BUYER and SELLER and each of their respective heirs, devisees, executors, administrators, successors and
assigns; and may be canceled, modified or amended only by a written agreement.executed by b.oth the
S.EL.LER and the BUYER. If two or more persons are named as BUYER their obligations are joint and
several. If the SELLER or BUYER is a trust, corporation, limited liability company or entity whose
representative executes this Agreement in a representative or fiduciary capacity, only the principal or the trust
or estate represented shall be bound, and neither the trustee, officer, shareholder or beneficiary shall be
.personally liable for any obligation, express or implied. The captions and any notes are used only as a matter
of convenience and are not to be considered a part of this Agreement and are not to be used in determining
the intent of the parties. Any matter or practice which has:not been'addressed in this Agreement and which is
the,subject of a Title Standard or Practice Standard of the Massachusetts Conveyancers Association at the
time for performance shall be governed oy the Title Standard or Practice Standard of the Real Estate Bar
Association for Massachusetts formerly known as the Massachusetts Conveyancers Association..
23, Additional Provisions.
House to be sofd AS IS.
Subject to lenders final HUD approval
UPON SIGNING. THIS DOCUMENT WILL BECOME A'LEGALLY BINDING AGREEMENT. IF;NOT,
'
UNDERSTOOD,SEEK ADVICE FROM AN ATTORNEY.
BUYER We ington S C►ate SELLER �Trtr F.AI ado Date
BUYER Date SELLER,or spouse Date
Escrow Agent. By signing below, the escrow agent agrees to perform in accordance with paragraph 4, but
does not otherwise become a parry to this Agreement.
ESCROW AGENT or representative Date
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Century 21 Sam ingram Real Estate
Form No 503
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TITLE 5 ADDENDUM
The Massachusetts Department. of Environmental Protection ("DEP") has established
regulations governing on-site, subsurface sewage disposal systems, including septic systems and
cesspools, that apply at the time o= sale or transfer of a property served by an on-site subsurface
system. (Title 5 of the Massachusetts Environmental Code,. 310 CMR 15.301 et seq.) The.
.regulations require that septic systems and cesspools be:inspected by a licensed inspector "at or
within ;wo years prior to the, time of transfer of title" to the.property to determine if the system
complies with DEP requirements. An inspection performed up to three years prior to sale or transfer
of title may be used if the inspection report is accompanied by system pumping records
demonstrating that the system has been pumped at least once a year during that time, If weather
conditions preclude.an inspection of the time of transfer, the regulations permit the inspection may
be conducted up to six months after sale or transfer. A copy of the inspection report shall be
submitted to the buyer or other person acquiring title. The fact that a system passes an inspection is
not a•guarantee or warranty that the system will continue to operate satisfactorily in the future. If the
system fails the inspection criteria establishes{ by the regulations, the system will need to be
repaired, upgraded or replaced in accordance with Title 5.. A state income tax credit may be
available for forty percent of the cost of repair or,replacement of a failed system serving one's
primary residence up to a maximum credit of $6000.00 (where repair or replacement of a system
costs $15,000 or more), subject to applicable law.
Tf the system fails, then the Buyer shall be entitled to get
his deposit back.
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BUYER, We111n ton so es Date SELLER Trinidad F. Afvarado Date
BUYER Gate SELLER Date
p A Form No.5fl8
IY LA>SSFO1\tY1S 0 1959 MASSACHUSElTS ASSOCIATION of REALT'ORSM
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BC CAL-CO 3.0 Design Report-US 1 span I.No cantilevers] 0/12-slope Wednesday, April 27, 2011
Build 517
File Name: HINCKLEY WOLLEY RD.BCC
Job.Name: WOLLEY RD Description:FB01
Address: WOLLEY RD Specifier.
City,State, Zip: HYANNIS, MA Designer ,,
Customer: HINCKLEY HOME CENTER Company:
Code reports: ESR-1040 Misc:
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13-06-00 _
BO,3-1/2" B1,3-1/2"
LL 1,620 Ibs LL 1,620lbs-
DL 873 Ibs y DL 873 Ibs
Total Horizontal Product Length=13-065-G0
Live Dead Snow Wind . Roof Live Trib.
Load Summary
Tag Description toad Type Ref. Start End 100% 90% 116% 133% 126%
1 Standard Load Unf. Area(psf) L 00-00=00 13-06-00 20 10 12-00-00
Controls Summary Value %Allowable Duration Case Span Disclosure
Pos. Moment 7,853 ft-Ibs 56.3% 100% . 1 1 -internal Completeness.and.accuracy of.input must
End Shear 2,093 Ibs 33:1% 100% 1 1 Left be verified by anyone who would rely on
Total Load Defl. U326(0.481") 73.7% 1 1 output as evidence of suitability for
Live Load Defl. U501 (0.312") "71.8% 1 1- particular application.Output here based
Max Defl. 0.481" 48.1% 1 1 on building code-accepted design
S an/Depth 16.5 n/a '1. properties and analysis methods.
P P " Installation of BOISE engineered wood
6 products must be in accordance with
%Allow %Allow current Installation Guide and applicable
Bearing Supports Dim.(L x H►.) Value Support Member Material building codes.To obtain Installation Guide'
BO Wall/Plate 3-1/2"x 3-1/2" 2,493 Ibs n/a 27.1% Unspecified or ask questions,please call
B1 Wall/Plate 3A/2"x 3-1/2" 2,493 Ili n/a 27.1% Unspecified (800)232-0788 before installation. ,
BC CALCO,BC FRAMER@,AJS-,
Notes + . ALLJOISTO,BC RIM BOARDT"',BCI@,
Design meets Code minimum(U240)Total load deflection criteria. BOISE'GLULAM-,SIMPLE FRAMING
Design meets Code minimum(U360)Live load deflection criteria SYSTEM@,VERSA-LAM@,VERSA-RIM
Design meets arbitrary(1") Maximum load deflection criteria. PLUS@,VERSA-RIME,
,- VERSA-STRANDS,VERSA-STUDS are
' trademarks of Boise Cascade Wood
Connection Diagram Products L.L.C.
y;{ b d
a minimum =2" c=5-1/2"
b minimum =2-1/2'"d=24'
Bolts are assumed to be Grade A307 or Grade 2 or higher.
Member has no side loads. >} `
Connectors are: 1/2 in.Staggered Through Bolt'
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