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0035 BRETWOOD LANE
Mo rwu�„'€� � .� -.'i �#!z !� � � 1@€ !?. �9��e�� i�tf�9 �i � Ai d." l",6i" 1t.f4xYHti►7°aCiFdSIiH .i �a✓v4 1�' ICE �t56t�ili ;! ��`� WYiut 7 I ,� �, i le ; a a a n.�u •(p j. � .fie' i 4 , e j t � ^ q �y .e� •1 fi" 4 A .1 o i t 11 a n�.Y 1ijjy� 41C _67 C"7 �Vl -/Zo S� f.9 f �oF JHE t ti Town of-Barnstable Building Department.-200 Main Street 9� „6�9. Hyannis, MA 02601 3 '°TEv MAC A Tel. (508) 862-4038 Certificate Of Occupancy Permit Number: 13-18-1647 CO Issue Date: 11/27/2018 Parcel ID: 168-120 Zoning Classification: RC Location: 35 BRETWOOD LANE, CENTERVILLE Proposed Use: Name of Tenant: Sprinklers Provided: Gen Contractor: Permit Type: Residential - Single Family Type of Construction: Design Occupant Load: 0 Comments: FAMILY APARTMENT. 22 � Building Official Date: A Certificate of Occupancy is Required Prior to Occupying Space Building Code: 780 CMR 8th Edition 11 - 5 y 11own of Barnstable �pF 4HE 1p� o Building Department Services Brian Florence, CBO t &U NSTABLE. v MASS. $ Building Commissioner i639. �m iDTen nw+" 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: ;508 86Z'4038: Fax 508-790=6230 Town Of;BaMstable;Fam'ily Apartment Aff�dawit I,being on oath; depose-and state as follows: g My name is P o ` I am the&ope es dent of the' property located at: 3 4 Z, The following members of my family will be'the sole.occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: Name,&relationship to owner: ' The Famil A .artment will be the rim ear-round residence or the above-identi identified Y P, P "YY f f family members. In the event that the lsted.relatives vacate said apartment, I will irrcrediately not fy the"Building"Commissioner in writing. I understand that no subletting or suble ing of said Family Apartment is permitted. _ •I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in-said Family Apartment. I also understand that I am required to compiy with"all conditions imposed by the ZBA Special Permit:. .and/or the Town of Barnstable Zoning Ordinances Section 240-47.I Family Apartments. I agree to notify.the Building Commissioner immediately-in the event of the sale of this property. If there is no longer`a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program'(Appeal No. ) Other Sworn-/Torupder the paim.a'%;bpepa1#es of perjury this 'ay.of 2019: • 13 0 ``-4— Signature . Phone Number Print Name / 7 q:forms/famaffid.do c rev 11/08/13 oFn+E, Town of Barnstable - ' �'q^ Building Department Brian Florence,CBO BARNSTABM y Mass. Building Commissioner 039. 39.t aim 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 l< 31 66 Ps 2 311 500 4 8 3181 7 .81 AGREEMENT FOR FAMILY APARTMENT I Peili Zhang, the undersigned, being the owner of property situated at 35 Bretwood Lane, Centerville, MA holding title under a deed recorded with the Barnstable County Registry of Deeds in Book 31356, Page 20, being shown on Assessors' Map 168 as Parcel 120, hereby agree, certify, warrant and represent to the Town of Barnstable that the accessory attached apartment, which contains living quarters, is intended for use as a family apartment,for year-round occupancy. This unit shall be used for a"Family Apartment" (as defined in Zoning Ordinances) which would require compliance with the Family Apartment Rules and Regulations. The family apartment unit must be occupied only by the property owner or a member(s) of the property owner's family as accessory to an owner-occupied single-family residence. Occupant of Main Residence: Peili Zhang Relationship to Owner: owner Resident of Family Apartment: Peibing Zhang Relationship to Owner: sister This unit shall not be rented as an apartment or as a single room,or in any fashion,which rental would be a violation of the Town of Barnstable's rules, regulations, and zoning ordinances. Prior to occupancy of this unit, affidavits reciting the names of occupants are to be recorded with the building department. This agreement shall be updated whenever a change occurs or every calendar year. This Agreement shall be duly recorded or filed at the Barnstable County Registry of Deeds/Land Court for the purpose of alerting future owners of the property of this binding Agreement concerning the use of the property as herein stated. The consideration for this Agreement is the issuance of a building permit and/or certificate of occupancy by the Town of Barnstable Building Department. WITNESS our hands and seals this day of 3e&&te 0V_ 2019 . TOWN OF BARNSTABLE: OWN . By: Peili Zhang Brian Florence,C961 Building,Commissioner THE COMMONWEALTH OF MASSACHUSETT BARNSTABLE COUNTY, SS Date 29 ;V1 r Then personally a r b6%-named (owner), and made oath as to th p • •ott%in'Kinstrument,before me. + Notary Public s * My Commission Expires: • ,6 gsample $ BARNSTABLE REGISTRY OF DEEDS �Mp,�c ,.,,.►w� John F. Meade, Register Town of Barnstable Building .� � p^r';�,"^.�,y. .,w.n *%�^s ww»..."'rw..,.+.�,+.,..�r�. 9- '.x. ...„�uiJ _, £s" G' ,.. �...a "`+me+.».•-�:v`��`.r`%aa w. 3as;', "n''" °L".K. :t, � � �Post,This Card So That it isVis�lile From;the:Street Approved yPlans=Must be Retained on Job and;this Card Must be Kept ,� BARti$TABLE.. ..+,.. -,+;"'.w .� -t _a z i'}a'tt' w� *a`"x t, e r... 't" �.. & rwy ' t ih .rid • Until,Final Inspection Has Been Made R x l659 10" ; wF .9 r Permit fiPosted Where a'Certificate of,Occupancyas Required;such Bu�ldmg shall Not`:be Occupied until a=Final Inspection has been made Permit No. B-18-1647 Applicant Name: MARCELLO,THOMAS J&PATRICIA D TRS Approvals Date Issued: 10/01/2018 Current Use: Structure Permit Type: Building-Family Apartment no Construction Expiration Date: 04/01/2019 Foundation: Location: 35 BRETWOOD LANE,CENTERVILLE Map/Lot 168 120 Zoning District: RC Sheathing: Owner on Record: MARCELLO,THOMAS J&PATRICIA D TRS , fi k. A Contractor:Name =: Framing: 1 Address: 35 BRETWOOD LANE r ContractorLicense >� 2 CENTERVILLE, MA 02632 )t - ' ` Est Project Cost: $ 100.00 Chimney: Description: Family Apartment no Construction.Apartment located lower level Pelrmit Fee: $ 110.00 Insulation: of split level house. Paid- $ 110.00 Owner: Resident Main House Peili Zhang owner anclTamily K Final: Apartment Peibing Zhang(sister). Date 10/1/2018 Project Review Req: INTERNAL ACCESS PROVIDED. FORMER FAMILY APARTMENT , .. ��._ Plumbing/Gas WITH NEW OWNER. Y Rough Plumbing: Building Official Y Final Plumbing: a Rough Gas: Final Gas: This permit shall be deemed abandoned and invalid unless the work authorized by this„permit_is commenced within six months'ailer�issuance. Electrical All work authorized by this permit shall conform to the approved application and the approved'constructiondocuments for whichahis permit has been granted. All construction,alterations and changes of use of any building and structures.shall`be in compl ance`with the local zoning by-laws and codes. Service: This permit shall be displayed in a location clearly visible from access street or road and shall b'e"maintained open for public inspection for the entire duration of the work until the completion of the same. K' = �� Rough: The Certificate of occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. Final: Minimum of Five Call Inspections Required for All Construction Work: 1.Foundation or Footing Low Voltage Rough: 2.Sheathing Inspection Low Voltage Final: 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Health 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Final: 7.Final Inspection before Occupancy Fire Department Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Final: Work shall not proceed until the Inspector has approved the various stages of construction. "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). - Application Numb.J2...-lk(P7 ........ ............... saRxsrASLE. ` Peimit Fee..... ...... ..... ...other Fee....................... i639• Total Fee Paid..........••`• } �l � TOWN OF BARNSTABLEp on...l.. hill.............. Permit roval by.:.. BUILDING PERMIT . .... ...... . ....Parcel. . ........ APPLICATION Section 1 — Owner's Information and.Project Location Project Address �/�2=7—ZJz = Village t Owners Name Owners Legal Address City State zip t{o j wn4,t Owners Cell# & . E-mail �.�c Section 2—Use of Structare r. ' Commercial Structure over 3, 000 cubiedeet } Use Group ❑ � �< - ❑ Commercial Structure under`=35000 cub @feet- , CD �. J ❑ Single/Two Family Dwelling Section 3 —Type of Permit ❑ New Construction Move/Relocate ❑ Accessory Structure ❑ Change of use m ❑ Demo/(entire structure) ❑ Finish Basement Family/Amnesty ElFire Alarm Rebuild ❑ Deck Apartment ® Sprinkler System ❑ Addition ❑ Retaining wall [] Solar ❑ Renovation ❑ Pool ❑ Insulation r 1✓1 t Other-Specify Section 4 - Work Description pwi-k/,4 %, p=AIL/ 7,44eqI WA 0 Tact undated-2/9/201 8 Y 1 d Application Number.................................................... 1 Section 5—Detail Cost of Proposed Construction ® Square Footage.of Project Age of Structure Dig Safe Number #Of Bedrooms Existing Total# Of Bedrooms (proposed) 110 MPH Wind Zone Compliance Method MA Checklist ❑ WFCM Checklist ❑ Design Section 6—Project Specifics J ❑ Wiring ❑ Oil Tank Storage ❑ Smoke Detectors r ❑ Plumbing ❑ Gas ❑ Fire Suppression ❑ Heating System ❑ Masonry Chimney ❑Add/relocate bedroom 11 ,..-1 Water Supply ❑ Public _ ❑ Private Sewage Disposal ❑ Municipal '❑ On Site Historic District ❑ Hyannis Historic District ❑ Old Kings Highway y_ Debris Disposal Facility:_ I am using a crane ❑ Yes ❑ No Section 7—Flood Zone Flood Zone Designation Within or adjacent to a wetland, coastal bank? Yes ❑ No Section S-Zoning Information Zoning District Proposed Use . Lot Area Sq.Ft. Total Frontage Percentage of Lot Coverage #of Dwelling Units (on site) Setbacks Front Yard Required Proposed Rear Yard i Required Proposed, Side Yard Required - Proposed Has this property had relief from the Zoning'Board in the past? ❑ Yes ❑ No T Last undated:2/9/201 S ' oFtne, Town of Barnstable Building Department Brian Florence,CBO y MASS& g Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-403 8 315066 P:B 2 31 4 8 3 8 r AGREEMENT FOR FAMILY APARTMENT I Peili Zhang, the undersigned, being the owner of property situated at 35 Bretwood Lane, Centerville, MA holding title under a deed recorded with the Barnstable County Registry of Deeds in Book 31356, Page 20, being shown on Assessors' Map 168 as Parcel 120, hereby agree, certify, warrant and represent to the Town of Barnstable that the accessory attached apartment, which contains living quarters, is intended for use as a family apartment,for year-round occupancy. This unit shall be used for a"Family Apartment" (as defined in Zoning Ordinances) which would require compliance with the Family Apartment Rules and Regulations. The family apartment unit must be occupied only by the property owner or a member(s) of the property owner's family as accessory to an owner-occupied single-family residence. Occupant of Main Residence: Peili Zhang Relationship to Owner: owner Resident of Family Apartment: Peibing Zhang Relationship to Owner: sister. This unit shall not be rented as an apartment or as a single room, or in any fashion,which rental would be a violation of the Town of Barnstable's rules,.regulations, and zoning ordinances. Prior to occupancy of this unit, affidavits reciting the names of occupants are to be recorded with the building department. This agreement shall be updated whenever a change occurs or every calendar year. This Agreement shall be duly recorded or filed at the Barnstable County Registry of Deeds/Land Court for the purpose of alerting future owners of the property of this binding Agreement concerning the use of the property as herein stated. The consideration for this Agreement is the issuance of a building permit and/or certificate of occupancy by the Town of Barnstable Building Department. WITNESS our hands and seals this day of 3Wt MkVV_ 2018 . TOWN OF BARNSTABLE: OW By: Peili Zhang Brian Florence,C Building Commissioner THE COMMONWEALTH OF MASSACHUSETT BARNSTABLE COUNTY,SS Date Sot 2g ;0/T Then personally ap 'dr�ILM b"6V named (owner), f Ll [l 2 and made oath as to th Q • •Qtt%�i strument,before in �.� Public * My Commission Expires: ///Z LOL3 i aV' gsample 's BARNSTABLE REGISTRY OF DEEDS John F. Meade Register � 6 i 1 6 i 4. �s Barnstable Bldg.Dept. Approved y: Permit 4TV b y7 SID 8101 318y1SNUbg jU Nv ZA i � I � - S�w f I NRLL- f Coyle, Brenda From: Peili Zhang <peili_zhang@hotmail.com> Sent: Wednesday, August 08, 2018 10:39 PM To: Coyle, Brenda Subject: Re: Family Apartment Agreement for 35 Brentwood, Centerville Please find below a picture of the quitclaim deed. Thank you. e , 1 r Quitclaim Deed Thomas J.Marcello and Patricia D.Marcello,Trustees of the MlircellO Family Revocable Trust dated September 20,2017,Abstract of TP.W recorded in the Barnstable Registry of Deeds in Book 30811 Page 2.74,of 35 Bretwood Lane,Centerville,MA 02632 In-consideration of THREE HUNDRED NINTY THOUSAND AND NO11 00 DOLLARS (U.S. $190,000.00)Paid GRANT TO PeiJi Zhang, individually,of 9 pilgrim,Drive,Winchester,MA 01890 with QUITCLAIM COVENANTS The land in Barnstable(Centerville)Barnstable County,Massachusetts,bounded and described as follows: Lot 17 containing 15,000 square feet, more or less,as shown on a plan of land entitled"Plan of Land in Centerville,Barnstable,Mass. For Resolve Realty, Trust, Scale 1"=60',December 10, Registered Land Surveyors, Ostorville, 1976, revised February 9, 1977, Baxter,&Nye Inc.,Re of Deeds in Plan Mass." Said plan being duly recorded with the Barnstable Coun Registry ty Book 316,Page 61,recorded September 12, 1977. Subject to and with the benefit of the matters set forth in the Declaration dated December 8, 1976 and recorded in the Barnstable County Registry of Deeds in Book 2442 Page 002. %n Excepting and excluding from the above conveyed land the,fee in Bretwood Land also being shown on said plan adjacent to said lot Also reserving unto,the Centerville-osterville Fire District and Water Department a 10' wide casement for the installation,servicing maintenance of 'a wader pipe and pertinent items,said easement is parallel to the frontage on Bretwood Lane. We certify the following: We are the sole Trustees of the Tnist. 2. The bust is in full force and effect and has not been amended or modified and has not been revoked as of the date hereof. 3. The trustees of the Trust have authority to act with respect to real estate owed by the Trust, and have full and absolute power under said Tnat to convey any interest in real estate and improvements thereon held in said.Trust and no purchaser or third party shall be bound to inquire blASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY EXCISE TAX BARNSTABLE couK7Y* REGISTRY OF DEEDS BARNSTABLE COUNTY REGISTRY OF DEEDS Data: 06-21-2018 @ 03:55pm Date: 06-21-2018 e 03;55pm C ctl#: 1307 Doc#: 30131 tl#: 1301 Doc#: 30131 Fee:- $1,333.80 Cons: $390,000'.00 $1,193.40 'Cons.. $3901000A0 f Coyle, Brenda From: Peili Zhang <peili_zhang@hotmail.com> Sent: Thursday, August 09, 2018 8:03 AM To: Coyle, Brenda Subject: Re: Family Apartment Agreement for 35 Brentwood, Centerville Good morning, Brenda. In looking through my email, I just realized that the quitclaim deed has the address for my primary residence incorrect, which should have been"6 Pilgrim Dr, Winchester MA 01890". I'll contact my real estate attorney to have it corrected if need be. Thank you and have a nice day! Peili 781-354-4396 Sent from my iPhone On Aug 8, 2018, at 10:38 PM, Peili Zhang <peili zhangghotmail.com>wrote: Please find below a picture of the quitclaim deed. Thank you. <image l.jpeg> Sent from my iPhone On Aug 8, 2018, at 5:43 PM, Peili Zhang <peili_zhangghotmail.com>wrote: Dear Brenda, Thanks for your message. I'm interested in maintaining the family apartment license. I'll send you a picture of the Quit Claim Deed later today when I return home. Let me know if you need anything else from me. Best, Peili Sent from my iPhone On Aug 8, 2018, at 10:53 AM, Coyle, Brenda <Brenda.Coyle agtown.barnstable.ma.us>wrote: .< mage001.jpg> Good Morning, Peili I'm just following up on a Family Apartment application that has. been submitted to the Building Dept. This permit application cannot be submitted until I receive the Quit Claim Deed recorded showing that you are the new owner. I need to produce a Family Apartment Agreement for your property, this Agreement also needs to be notarized and recorded with the Registry of Deeds. Inspections need to be done in order to close out the permit application and to receive your Certificate of Occupancy. Please contact me and let me know if you're going to continue with the Family Apartment. Thank you, �renrla`�io�Ie • ' Permit Tech. Town of Barnstable Building Department Ph: 508-862-4039 Fax: 508-790-6230 'S '4 1 2 Sent from my iPhone On Aug 8, 2018, at 5:43 PM, Peili Zhang<peili zhang@a,hotmail.com>wrote: Dear Brenda, Thanks for your message. I'm interested in maintaining the family apartment license. I'll send you a picture of the Quit Claim Deed later today when I return home. Let me know if you need anything else from me. Best, Peili Sent from my iPhone On Aug 8, 2018, at 10:53 AM, Coyle, Brenda<Brenda.Co ly @town.barnstable.ma.us>wrote: <image001.jpg> Good Morning, Peili I'm just following up on a Family Apartment application that has been submitted to the Building . This permit Dept.p s pe t application cannot be submitted until I receive the Quit Claim Deed recorded showing that you are the new owner. I need to produce a Family Apartment Agreement for your property, this Agreement also needs to be notarized and recorded with the Registry of Deeds. Inspections need to be done in order to close out the permit application and to receive your Certificate of Occupancy. Please contact me and let me know if you're going to continue with the Family Apartment. Thank you, �ren�a�o�fe Permit Tech. Town of Barnstable Building Department Ph: 508-862-4039 Fax: 508-790-6230 { a 3 Sent from my iPhone : On Aug 8, 2018, at 5:43 PM, Peili Zhang <peili_zhang@hotmail.com>wrote: Dear Brenda, Thanks for your message. I'm interested in maintaining the family apartment license. I'll send you a picture of the Quit Claim Deed later today when I return home. Let me know if you need anything else from me. Best, Peili Sent from my iPhone On Aug 8, 2618, at 10:53 AM, Coyle, Brenda<Brenda.Coyle@town.barnstable.ma.us>wrote: <image001.Jpg> Good,Morning, Peili I'm just following up on a Family Apartment application that has been submitted to the Building Dept. This permit application cannot be submitted until I receive the Quit Claim Deed recorded showing that you are the new owner. I need to produce a Family Apartment Agreement for your property, this Agreement also needs to be notarized and recorded with the Registry of Deeds. Inspections need to be done in order to close out the permit application and to receive your Certificate of Occupancy. Please contact me and let me know if you're going to continue with the Family Apartment. Thank you, a - rend-a'G.y Permit Tech. ' Town of Barnstable Building Department Ph: 508-862-4039 Fax: 508-790-6230 DocuSign Envelope ID:7F049E4C-0614-4CE2-A43D-AD556DA4cb9.D From the Office of:: John C.Stephenson,.E:sq:. . 336 South Street Hyannis,MA 02601 PURCHASE AND:SALE.AGREEMENT. ' _ This 1 a� ff M�,y 2�.g �Y5�N�8 .11:D .34.PM PDT 1.. PARTIES AND. Thomas.J..Marcello and Patricia D. Marcello, Trustees of the.Marcello. MAILING ADDRESS Family.Revocable Trust of 35 Bretwood.Lane, Centerville,.MA 0263.1 hereinafter called the SELLER;agrees to.SELL and. Peili Zhang of 6 Pilgrim Drive, Winchester,MA 01890 hereinafter called the BUYER or_PURCHASER;agrees to BUY,upon the terms hereinafter set forth, the following described premises:. 2. DESCRIPTION The land with buildings and:improvements thereon; located at:35 Bretwood Lane,-Centerville,MA 02632 and further described in a deed recorded with the Barnstable County Registry.of Deeds in Book.30811,Page 276. 3. BUILDINGS, Included in the sale as a part of said premises are the buildings,structures,'and STRUCTURES . .. improvements.now.thereon, and the.fixtures belonging to the.SELLER and IMPROVEMENTS AND":.used in connection therewith including, if.any, all: wall-to-wall carpeting; FIXTURES drapery rods; automatic.garage.door openers, . Venetian.blinds, .window shades; screens, screen doors, storm windows and doors; awnings;shutters, furnaces,heaters; heatingequipment;refrigerator; stoves,.ranges,oil and gas burners;and fixtures .appurtenant thereto, hot water heaters-, plumbing and bathroom,fixtures, garbage, disposers, electric and.other: lighting fixtures; mantels; window treatments,;and all built in appliances;reasonable wear and tear excluded;but excludina.kitchen refrigerator. 4. TITLE DEED Said premises are:to be conveyed by a good and.sufficient.quitclaim deed running to the BUYER,or the nominee designated by the BUYER by written notice to the SELLER at least seven(7)days before the deed is to be delivered as.herein provided;and said deed shall convey a good and clear record.and marketable:title thereto,free from encumbrances,except. (a). Provisions of existing building and zoning laws: (b) .Such taxes for the then:current years as are not due and payable on the date of the delivery of such deed; .(c) Any liens for municipal betterments assessed after the date of this _ agreement*. (d) Easements,restrictions and reservations of record- if any,so long as the.same.do not prohibit or materially interfere with the current use of said premises as a single family residence. 5: PLANS If said deed refers to:a plan necessary to be recorded therewith.the SELLER shall:deliver such plan with the deed:in form.adequate for recording or registration: I 6. REGISTERED TITLE In addition to the foregoing,if the title to said premises is registered,said deed shall be in form sufficient to entitle the BUYER to a Certificate of Title of said premises;and the.SELLER shall deliver with said deed all instruments,if any, necessary to enable the BUYER to obtain such Certificate of Title: 7. PURCHASE PRICE- The agreed purchase price of$390,000.00 of which: $ 1000.00 :Have been paid at the time of the Offer to Purchase and $ 1.9,500.00 To be paid at signing of this Agreement ,369,500.00 . Are to be paid at the delivery of the deed by certified, cashier's,treasurer's or bank check(s)or MA Attorney'.s . IOLTA check $ 390,000.00 TOTAL os I DocuSign Envelope ID:7F049E4C-0614-4CE2-A43D-AD556DA4CD9D 8. TIME FOR : Such deed.is to be.delivered on June 20,2018 at 1 lam at the Barnstable;County PERFORMANCE; Registry of Deeds or at the election of the Buyer at the office of the attorney. DELIVERY OF DEED for the.Buyer's lender so long as said office is within the County:of Barnstable. It is.agreed.that time:is of the essence of this agreement. . 9, POSSESSION AND Full possession'of,said premises free of all tenants and occupants is to be CONDITION.OF delivered at the time of the delivery of the deed,said premises to be then(a) PREMISES in.the same condition as they now are, reasonable use and wear. thereof excepted,;and (b) not in violation of said building and zoning laws, and in compliance with the provisions of any instrument referred to in clause 4 hereof. The BUYER shall be entitled personally to enter:said premises prior to delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause: 10. EXTENSION TO If the SELLER shall be unable to give title or to make'conveyance,or deliver PERFECT TITLE OR possession of the premises,.all as herein stipulated, or.if at:the time of the MAKE.PREMISES delivery of the.deed the premises do not conform with the provisions hereof, CONFORM, then the SELLER shall use reasonable efforts to remove.any defects:in title,or to,deliver possession as provided herein,or to make the said premises conform to the provisions hereof,as the case maybe,in which event the SELLER shall give.written notice thereof to the BUYER at or before the_ time for performance' hereof shall be extended for.a.period of thirty(30)days. In.the event,however; that such extension adversely.affects Buyer.'s mortgage financing commitment terms, Buyer shall. have..the election to terminate this Agreement and any payments made hereunder shall be forthwith refunded. Reasonable efforts shall not require the.SELLER to incur.costs.in excess of$1,500.00 to make the premises conform:as herein stipulated, exclusive of.voluntary liens;and encumbrances. 11. FAILURE TO If t:the expiration of the extended time the SELLER shall have.failed so.to PERFECT TITLE OR remove any defects in title,deliver possession,or make the premises conform,. MAKE PREMISES as the'case maybe,all as herein agreed,or if at.any time during the period of CONFORM this agreement or any extension thereof, the holder of a mortgage on said premises shall refuse to permit the insurance proceeds;if any;to be used for such purposes, then any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12.': BUYER'S ELECTION .:. .The:BUYER shall have the elections, at either the.original or.any extended TO ACCEPT TITLE time for performance, to accept such title as the SELLER can.deliyer to the said premises in. their.then condition and to pay therefore the purchase price without deduction,in which case the SELLER shall convey such title,except that in the event of such conveyance in accord with the provisions of this. clause,if the said premises shall have been damaged by fire or casualty insured against, the. SELLER shall, unless the SELLER has previously restored the premises to their former condition,either (a) pay over or assign"to the BUYER, on delivery of the.deed, all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER.for any partial restorations,or (b) if a Bolder.of a mortgage on said premises shall not permit the insurance proceeds or a pail thereof to be used to restore the said premises to their former condition or to be so paid over or assigned,. give to the BUYER a credit against the purchase price,on delivery of the deed,equal to said amounts so received or recoverable and retained by the holder of the said mortgage less any: amounts reasonably expended by the SELLER for any partial restoration. 13. ACCEPTANCE OF The acceptance and recording of a deed by the BUYER or his.nominee as the DEED ease maybe, shall be deemed to be a full performance and discharge of every DS . z J�� i DocuSign Envelope ID:7F049E4C-0614=4CE2-A43D-AD556DA4CD9D agreement and obligation herein contained or expressed,except such as are;by the terms hereof,to be performed after the delivery:of said deed. 14. USE OF MONEY TO To enable the SELLER to make conveyance as herein provided,the SELLER CLEAR.TITLE may,at time of delivery of the deed;use.the purchase money or any portion thereof to clear the_title of any or all encumbrances or interests,provided that all instruments so procured are recorded simultaneously with.the delivery of said deed;or as.:is customary in local real estate practice: 15. INSURANCE. Until:the delivery.of the deed,the SELLER shall maintain insurance or said.. premises as.follows: Type of Insurance Amount of Coverage (a)Fire and Extended Coverage $ as presently insured 16. ADJUSTMENTS Water use charges and taxes. for the then current fiscal year,. shall be apportioned and fuel value shall be adjusted,as of the_day of:performance.of this agreement and the net amount thereof shall be added to or deducted from, as be;the purchas the e'price.payalile by the BUYER at the time of case.may delivery of the deed. 17. .ADJUSTMENT.OF, If the amount of said taxes is not known at the time of the deliver the deed, UNASSESSED AND. they shall be apportioned on the basis of the taxes assessed'for:the:preceding ABATED TAXES fiscal year,with a.reapportionment as soon as the new tax rate and valuation can be ascertained;and,.if the taxes.which are to be apportioned shall thereafter be reduced by abatement, the amount of such abatement,less the reasonable cost of obtaining the same,shall be apportioned between the parties,provided that neither party shall be obligated to institute or prosecute proceeding for an abatement unless herein otherwise agreed. 18. BROKER'S FEE A Broker's fee for professional services per the listing agreement.is due from the SELLER to Kinlin Grover Real Estate,SELLER'S broker;which shall then: pay.CBRB,BUYER'S broker. Said fees shall be due and payable only in the event a deed is recorded from the SELLER to the BUYER,consistent with the terms of this Agreement,.and not otherwise: 19. BROKERS The Broke s named hereinwarrant s that the Brokers is(are dul licensed WARRANTY as such by the Commonwealth of Massachusetts: : .. 20. DEPOSIT All deposits made hereunder shall held in escrow byKinlin Grover Real . Estate as escrow.agent subject to the terms of this agreement acid shall be duly. accounted for at the time for performance of this agreement. In the event of any disagreement between the parties,the.escrow agent shall retain all deposits made.under this.agreement pending instructions mutually given:in writing by. the'SELLER or BUYER- or a final order from a court of competent jurisdiction, 21. BUYER'S DEFAULT;: If the BUYER shall fail to.fulfill the BUYER'S agreements herein;all deposits DAMAGES made hereunder by the BUYER may be..retained by.the SELLER as liquidated damages.and this shall be SELLER'S.sole and exclusive remedy at law.and. equity for:anybreach.ofthis Agreement by BUYER. The Parties acknowledge and agree that Seller has no adequate remedy in the event of BUYER'S default under this Agreement because it is impossible to compute exactly the damages. which would accrue to SELLER in such event. Therefore, the Parties have taken these facts into account in setting the amount of the deposit hereunder and hereby agree that: (i)the deposit hereunder is the best.estimate of such damages which would accrue to SELLER in the.event of BUYER's default hereunder, (ii) said deposit represents damages and not a penalty against BUYER,and(iii)the Parties have had the benefit of counsel with regard to the provisions of this paragraph. DS i DocuSign Envelope ID:7F049E4C-0614-4CE2-A43D-AD556DA4CD9D 22. RELEASE BY The SELLER's spouse hereby agrees to join in said deed and to.release and HUSBAND OR WIFE convey all statutory and other rights and interests in said premises:. 23. . BROKER AS PARTY The Broker(s) named herein join(s)in this agreement and become(s) a party hereto, insofar:as any provisions of this agreement expressly apply.to the. Broker(s),and to any amendments or modifications of such provisions to which the Broker(s)agree(s)in writing. 24. LIABILITY OF If the SELLER or BUYER:executes this agreement in a representative or. TRUSTEE, fiduciary capacity,only the principal or:the estate represented shall be bound; SHAREHOLDER and neither the.:SELLER or BROKER so executing, nor any shareholder or. BENEFICIARY. beneficiary,of any trust, shall be personally liable for.any obligation,express or implied;hereunder: : 25. WARRANTIES AND. The Buyer acknowledges that the BUYER has not been influenced to enter into: REPRESENTATIONS this transaction nor has he relied upon any warranties or representations not set forth or incorporated in this.agreement or previously made in writing; except for-the following additional warranties and representations,.if any;made by . either the SELLER or the Broker(s): NONE 26. MORTGAGE In order to.help finance the. acquisition of;said premises,.the BUYER shall CONTINGENCY apply for a conventional bank or other institutional mortgage.loan of up to CLAUSE $312,000.00 at prevailing rates,terms and conditions.:If despite the BUYER's. diligent efforts a commitment for such loan cannot be obtained.on or before. May 30,2018 the.BUYER may terminate this agreement by written notice ao the SELLER and/or Broker(s); :as agent(s) for the SELLER; prior.to the, .. e me,whereupon.any payments made.under this agreement xpiration.of such ti shall be forthwith refunded and all other obligations*.of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. In no event will the BUYER be deemed to have used diligent efforts to obtain. such commitment unless the BUYER submits one. complete mortgage application Want:lender conforming to the foregoing provisions within 3 days from the signing of this.agreement: . 27. CONSTRUCTION.OF This instruinent,:executed.in multiple,counterparts, is to be construed as A. AGREEMENT a Massachusetts contract, is to take effect as a sealed instrument,sets forth the entire contract between the parties,is binding upon and ensures to the benefit of the parties hereto and their respective heirs, devisees, .'executors; administrators, successors and assigns, and may be cancelled; modified or amended only by a written instrument.executed by both.the SELLER and the BUYER. If two or more persons are named herein as BUYER their obligations hereunder shall bejoint and several. The captions.and marginal notes are used only as a matter of convenience and are not to be considered:a part of this agreement or to be used in determining the intent of the parties to it: 28. LEAD PAINT LAW. The parties acknowledge that, under Massachusetts law,whenever a child or children under six years of age resides in any residential premises in which any paint,plaster or other accessible material contains dangerous levels of lead,the owner of said premises must;remove or cover:said paint, plaster. or other materials so as to_make it inaccessible.to children under six•years of age. .29. .SMOKE DETECTORS The SELLER shall,at the time of the delivery.of the deed;deliver a certificate. and CARBON from the fire department of the city or town in which said premises are located MONOXIDE stating that said premises have been equipped with approved smoke detectors. DETECTORS and carbon monoxide detectors in conformity with applicable law. os I DocuSign Envelope ID:7F049E4C-0614-4CE2-A43D-AD556DA40D9D 30. SEWAGE DISPOSAL This agreement.is contingent upon the Seller providing the Buyer a copy of an SYSTEM inspection report, including a Certification Statement signed by an approved CONTINGENCY system inspector of the on-site subsurface disposal system in accordance with. the. requirements_of Title 5 of Massachusetts Environmental Code. and municipal board of health,regulations,if applicable. If the Certification states that the.on-site subsurface sewage disposal system does not pass as described in 310 CMR 15.303 as amended; or municipal certification,if applicable,,is denied, the Buyer shall have .the option to terminate.this Agreement .by. providing written notice to the Seller within Z business days of receipt of said report, at which time all deposits made by the.Buyer to: the Seller shall be refunded forthwith, and this agreement shall terminate, without further. recourse;unless within two:(2)business days of receipt of said written notice from the Buyer_by the Seller and/or Broker,the Seller agrees in writing with . the Buyer-to repair,upgrade or replace said subsurface sewage disposal system in a manner sufficient to obtain.an issuing Title 5 certification and municipal certification prior to the date set for closing. 31.. ADDITIONAL The initialed riders, .if any; attached. hereto; are .incorporated herein by PROVISIONS reference; (1) Subject to Rider A:and Rider'B attached hereto: FAXED,SCANNED AND/OR ELECTRONIC SIGNATURES-ON THIS DOCUMENT SHALL HAVE-THE . SAME EFFECT AS DELIVERY OF A SIGNED ORIGINAL; FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1979,BUYER MUST.ALSO HAVE SIGNED A LEAD PAINT"PROPERTY TRANSFER NOTIFICATION CERTIFICATION— . •NOTICE: This is a legal document that creates binding obligations. If not understood;consult an attorney: ED S' d by:.. qA d�4 /' - � - 647BBEF78BF947C... - - - Seller: T�ho6mas'J. . aarcello, Trustee . Buyer:Peili Zhang Seller:Patricia D.Marcello, Trustee Buyer: _ . i DocuSign Envelope ID:7F049E4C-0614-4CE2-A43D-AD556DA4CD9D RIDER A TO PURCHASE AND SALE AGREEMENT BETWEEN Thomas J.Marcello and Patricia D.Marcello,Trustees of the Marcello Family Revocable Trust .SELLER AND Peili Zhang. BUYER 31. All notices required or to be given hereunder,shall be in writing and deemed duly given when placed in the US Mail; postage prepaid,or sent via facsimile,or e-mail,or hand delivered or sent via express mail or. courier addressed as follows: If to SELLER:. : John StePhenson,.Esq• 336 South Street Hyannis, MA 02601 (t)508.778.0746 . . . (f)508)77870318 Email: ohn@46hnstebh6nsonIaW.com. If to BUYER: Sonja B.Selami, Esq. Law Offices of Sonja B. Selami, P.C. 40 Grove Street Wellesl ey MA 024$2 P. 508-424-0600 F. 877-653-6889 sselami@selamilaw:com or to such other address or addresses as may from time to time be designated by either party by.written notice to the other. 32. All.offers and agreements made prior to this Agreement,including."Offer to Purchase Real Estate are hereby superseded, rendered null and void and shall have no further,force and effect. It being the intent of the Parties that all obligations of the Parties are contained only in this Agreement. 33. From and after the date of this Agreement, SELLER agrees to permit BUYER and its designees,.including but not limited to,.contractors and insurance.agents, reasonable access of up to three(3)times;exclusive of the.final walkthrough,.at reasonable times, and on no more than two occasions exclusive of the final walkthrough,to the said Premises for the purpose of making measurements,inspections,and the like. Said. right of access shall be exercised only in the presence of SELLER,or the Broker named herein, and only after reasonable.prior notice,eitherwritten.or oral,to the SELLER. Reasonable notice shall be construed as 48 hours. In consideration of the foregoing, BUYER agrees to indemnify,defend and hold harmless the SELLER from any and all costs(including reasonable attorney's fees),damages,.and claims for damages to property or persons.caused by:BUYER or BUYER's agent(s)while on the Premises..BUYER's indemnification herein shall be in addition to;and not in any way limited by the deposits held pursuant to this Agreement. This indemnity shall survive the Closing hereunder,or termination of the Agreement. 34. Any title matter or practice.arising under.or relating to this Agreement which is the subject of a title standard or practice.standard of REBA shall be governed by said title standard or practice.standard to the extent applicable and to the extent such title standard or practice standard does not contradict any expressed term . or condition of this Agreement: 35. The parties acknowledge that, under Massachusetts law, whenever a child under six years of age resides in any residential premises in which any paint,plaster or other accessible material contains dangerous levels of lead,.the owner of the P.remises.must remove or cover said paint, plaster or other material so as to make it inaccessible.to children under six years of age. Furthermore, BUYER and SELLER acknowledge•that(a)' BUYER has been informed by SELLER of the provisions of the lead paint statute and regulations(105 CMR 460,et.seq.)(hereinafterreferred to as the"Lead Paint Law"), (b)SELLER has made the disclosure to BUYER with respect to lead paint in the Premises required by the Lead Paint Law, and(c)BUYER has received and signed the notification forms required by the Lead Paint Law.: BUYER acknowledges that DS i Docusign Envelope ID:7Fo49E4C-6614-4CE2-A43D-AD556DA4CD9D SELLER has notified BUYER of BUYER's right to perform a lead paint inspection of.the Premises if BUYER so chooses: BUYER agrees that if the Premises contain lead paint, SELLER shall have no duty to remove same or to otherwise make the Premises comply with the Lead Paint Law,and upon closing, BUYER shall assume.all responsibility with respect to lead paint in the Premises. The provisions of this paragraph shall . survive the.Closing and the recording of the Deed with respect to the Premises to the BUYER: : 36. TITLE V. Prior to execution of this Agreement;SELLER has provided BUYER with.a copy of a septic inspection report from.a licensed septic inspector showing that the septic system"passes"said inspection without condition and is sufficient to serve three.(3)bedrooms. BUYER has reviewed said inspection report and the septic system contingency shall be deemed satisfied.. 37. The Parties acknowledge and,agree that SELLER has no adequate remedy inthe event of BUYER's default under this Agreement because it is impossible to compute exactly the damages which would accrue to SELLER in such event. Therefore,the Parties have taken these facts into account-in setting the amount of the deposit hereunder.and hereby agree that:(i)the deposit.hereunder is the.best estimate of such damages which would accrue to SELLER in the event of BUYER's default hereunder-(ii)said deposit represents damages and not a penalty against BUYER,and'(iii)the Parties have been.afforded the opportunity to.consult an attorney With regard to the provisions of this paragraph, 38. If this Agreement or:any other provisions byway of reference incorporated:herein.shall contain any term or provision which shall be invalid,then the remainder of.the Agreement or other instrument by way of reference incorporated herein,as the case may be,shall not be affected thereby and.shall remain valid and . in full force and effect to the fullest extent permitted by law. 39. By executing this Agreement;the BUYER and SELLER hereby grant to their attorneys the actual authority to bind them for the sole limited purpose.of allowing them to cancel or grant extensions;or modify or amend this Agreement in writing, and the.BUYER and SELLER shall be able to rely upon.the signatures of said attorneys as binding unless they have actual knowledge that the principals have disclaimed the authorit 9 P P Y granted herein to bind them. Further,for purposes of this Agreement,electronically scanned and/or facsimile signatures.oh such written instruments shall be binding. 40. The submission of a draft of this Agreement or summary of some or all of its provisions does not constitute an offer to sell or acceptance of an offer to.buy the within Premises. It is understood'and agreed that:neither the BUYER nor the SELLER shall be legally obligated with respect to the purchase.and sale of the within Premises unless or until.this Agreement has been executed.by both the BUYER and the.SELLER.and a fully executed copy thereof has been delivered to both Parties. 41. In the event that any deadline or date for performance or providing notice contained herein(including, Without limitation,any contingencies or extensions'of the time for performance under this Agreement),falls on a Saturday,Sunday or legal holiday,as:the case may.be,:such deadline.or other date shall be automatically extended to the immediately following business day. 42: BUYER acknowledges that BUYER's obligations hereunder are not.conditioned or contingent upon.the.sale or refinance by BUYER of any other property(real,personal or otherwise). 43. BUYER and.SELLER agree that execution of this Agreement by use of facsimile orelectronic signatures shall be permissible and shall bind the parties to the same extent as would originatsignatures. Both:BUYER and SELLER hereby acknowledge that they have been offered the opportunity to seek and confer with qualified legal:counsel,of their choice prior to signing this Agreement,.This Agreement,:and every term, condition and provision hereof'-shall be governed and.controlled by.mutual;reciprocal.and objective covenants of good faith and fair dealings. 5/15/2018 12:05;.34 PM PDT Executed as of.this dayof May,2018. ' Y, - Docu3ipned byi Cup. j �. ,��yAL� 647BBEF78BF947C.,.. .- Seller: . .' Buyer: Seller: i Docusgn Envelope ID:7F049E4C-0614-4CE2-A43D-AD556DA4CD9D RIDER B TO PURCHASE AND SALE AGREEMENT - 1. DAMAGE. In the event of a taking or other.loss or destruction of any substantial part or all.of the premises by eminent domain or casualty consisting of a value which exceeds$10,000.00,Buyer shall have the right to terminate this Agreement by written notice.to the Seller,in which.event the Buyer''s deposit shall be promptly refunded to the Buyer and this Agreement shall thereafter be null and void without recourse to the parties,hereto,if Seller is unable to restore the premises.prior to closing to its present condition. In the event of a loss that does not exceed$10;000.00,Seller shall.pay the cost for.: the second home inspection by the original home 'inspector or other Specialized home inspector:to. demonstrate compliance with this agreement: 2. WARRANTIES: At the closing,as a condition of closing,Seller shall assignto-Buyer(non-recourse),at no additional.cost.to Seller,'any and all service contracts,.warranties and/or'guarantees:and the like concerning the Premises,including but not limited to all;any and all systems;fixtures equipment and appliances... Seller will also.provide Buyer,at closing,with all.keys,automatic:garage door openers;if any, and with all manuals and other information in Seller's.possession regarding.any and all systems; fixtures;equipment and appliances used in connection with the Premises: 3. APPLIANCES. Seller warrants and represents.that,.At the time of"closing, all.appliances and systems servicing the. .Premises will be in the same working order.and:repair as at time. of Buyer's home inspection,:except.as otherwise provided.herein. Seller represents,that all appliances and fixtures are free from any liens and/or encumbrances. 4.. CONDITION.AT DELIVERY. Seller agrees to deliver possession of the premises in :broom-clean condition; free of:all debris and personal property belonging to the:Seller and not included in the sale.. Between the date hereof and the closing,! Seller shall maintain and service.the premises and its appurtenances at the same level of effort and expense.as Seller has maintained or serviced the premises for.Seller's own account prior to this Agreement. 5. TITLE MATTERS: It is agreed that in the event.of a title matter for which a title insurance company is Willing to issue so-called"affirmative coverage"over a known defect or problem,Buyer may elect to accept same but shall not be required to do.so, and shall,have the.right, at the option of their counsel, to deem title to.the premises Unacceptable or unmarketable and to terminate this Agreement: . 6. _PROPERTY REPRESENTATIONS. Seller represents to the:best of Seller's knowledge and without any independent duty to investigate that:: a). there are no underground storage.(oil)tanks beneath any portion of the Premises; b) there are no issues.regarding the stability or structural soundness of the foundation and/or . pilings of the.Premises; c) .there is no mold existing at the Premises; . d). Ahe premises does not contain any,asbestos; e).1 there.are no:active leaks.in the:premises roof or Otherwise; fj the premises are.not located within a.special flood hazard. zone which require flood hazard insurance; g) Seller has not used hazardous chemicals on the. premi§es, which could result in an environmental superlien pursuant to Massachusetts General Laws;Chapter 21E; DS "vv, . i DocuSign Envelope ID:7Fo49E4C-0614-4CE2-A43D-AD556DA4CD9p h) The.air conditioning system:is in good working.order; i) The irrigation system was professionally:winterized at the end of the 2017 watering season. . and in good working order. It shall be a condition of Buyer's obligation to close under this Agreement that all representations made . by the Seller hereunder shall be true as:of the closing. 7. It is understood and agreed by the parties that the premises.shall.not conforin.with the title provisions of this agreement unless: a. all building,structures,and improvements;including but.not limited to any driveways, garages,septic fields,and all means of access to the premises shall.be located completely within boundarylines ofahe remises and shall not encroach upon or under.the property p o f. . any other person or:entities,unless there are appropriate easements and/or grant of rights of record; - b. no:building structure:or improvements of any kind belonging to:any other person or entity shall encroach upon or under the premises; c, the premises shall:abut a public way or has access to a public way duly laid but or accepted as such by city or.town in which the premises are located; d. the premises shall.not be.subject to restriction under any.law pertaining to wetlands which unreasonably interferes.with Buyer's intended use of the Premises.and Seller shall obtain the certificate of compliance to clear an order of conditions.if necessary. 8. VIOLATIONS. Seller states to the best of Seller's knowledge that there.are no conditions of the Premises which constitute a violation of the provisions of any municipal, county, state or federal codes, ordinances, statutes or regulations relating to zoning, building, environmental or health matters; but which statements shall not constitute a warranty against the existence of such conditions about which Seller has no knowledge,nor representation or-warranty against the discovery or occurrence of such conditions after the delivery of the deed.. Seller,will promptly notify Buyer of any.material change in facts.which arise prior to the Closing.which would make such statements untrue if such state of facts had existed on the date ofezecution of this.Agreement. 9. PERMITS AND APPRoyAis. To the best of Seller's'knowledge; any.and all improvements and/or renovations completed or commenced during Seller's ownership of the premises that required the issuance of a building permit have been completed pursuant to duly issued and approved permits. 10. 1 l. SELLER COOPERATION. Seller shall execute and deliver simultaneously with the delivery,of the deed, and when required shall on oath swear to the truth of the matters therein.set forth,such documents and certificates:as may be.reasonably.required by the lending institution which is providing the purchase money mortgage funds to the Buyer for this transaction,or the title insurance company providing title insurance to the Buyer, including but not limited to UFFI affidavits, IRS reporting affidavits, mechanic's:lien and title insurance affidavits,and the like. Buyer shall not be obligated to accept a deed . from Seller-signed under a power of attorney. Ds P� ,�L A I DocuSign Envelope ID:7F049E4C-0614-4CE2-A43D-AD556DA4CD9D 12. NON-FOREIGN AFFIDAVIT. Seller represents that Seller is not a`foreign person" as.defined in Section 1445 of the Internal Revenue Code of 1986,as amended,and agrees to deliver to Buyer, at or before the Closing,an executed "non-foreign"affidavit in compliance with the I.R.C. Section 1445(b)(2)and the regulations thereunder. 13. SELLER'S RIGHT TO EXTEND. :Notwithstanding the provisions of Paragraph 10 of this Agreement ("Extension to Perfect Title".), Seller shall not extend the Closing Date beyond Buyer's mortgage rate lock/financing commitment date or adversely affect same. Furthermore, said Paragraph.10 shall be. construed to apply only to matters affecting title,the physical condition of the Premises and compliance of the Premises with municipal,.county, state or federal codes, ordinances; statutes or regulations concerning the Premises and to which the Premises are subject under the terms of this Agreement. Said Paragraph shall not be construed to excuse Seller from vacating the Premises as.provided herein for reasons such as the unavailability of movers,inconvenience or other such delays: 14. CONFLICTING PROVISIONS. If any terms of this Rider.contradict thosecontained in the.Agreement,the . terms of the Rider shall prevail. Furthermore,.the representations and warranties contained in this Agreement refer to the date.of execution of this Agreement. SELLER will promptly notify BUYER of any material change in facts,which SELLER becomes aware of,which arise prior to the Closing which would make any such representation or warranty untrue if such state of facts had existed on.the date of execution of this Agreement("SELLER Notice")and unless.SELLER shall rectify the cause of such change.by the original or extended time for. Closing hereunder, BUYER shall have:the option of canceling this Agreement by notifying the SELLER thereof in writing in which event all deposits made• by the BUYER hereunder,shall be forthwith refunded to BUYER and this Agreement shall be null and void and without recourse to the Parties hereto. 15. ADJUSTMENTS. Seller shall deliver to Buyer'a/Lender's Counsel. written documentation of.all adjustments prior:to closing.(ie. Water/sewer;.oil;etc.). 16, MEDIATION/ARBITRATION. Buyer and Seller.agree that any dispute arising out of.this Agreement which cannot be resolved in good faith between the parties shall be submitted for at least three(3)hours of mediation to REBA Dispute Resolution, a subsidiary of the Real Estate Bar Association for Massachusetts. Mediation sessions shall be conducted within seven .(7) days of the date on which mediator receives a request for ,mediation from either the Buyer or Seller,and any agreement resolving - p the dis ute signed by.the Buyer and.Seller.shall.be binding. In the event the parties cannot reach an agreement, despite mediation sessions, the Buyer:and Seller agree to submit the dispute to binding arbitration. The arbitration shall be conducted by an arbitrator selected by REBA Dispute Resolution; or an.arbitrator as the parties may agree. The costs and fees associated with such alternative dispute resolution shall be shared equally by the Buyer and Seller. . 17. DUAL, REPRESENTATION. The Buyer and Seller.acknowledge that they have been informed that.the. Buyer's attorney,Sonja B.Selami,P.C.,maybe asked to provide legal services on behalf of the mortgage lender for the mortgage loan closing in addition to the representation of the Buyer in this transaction,and that both Buyer and Seller have:no objection,to and consent to this dual representation of Buyer and Lender,by Buyer's attorney...: 18. MORTGAGE APPLICATION Buyer shall.be deemed to have satisfied the mortgage application.portion of the mortgage contingency clause in the purchase and.sale agreement by applying for one loan through one lender. 19. Risk of loss shall remain with SELLER until delivery and recording of the deed. PS P ✓'v DocuS.gn Envelope ID:IF049E4C-0614-4CE2-A43D-AD556DA4CD9D 20. The Buyer and Seller acknowledge that mortgage regulations effective October 3,2015, may affect the ability to close on the date and time:specified-in this offer and the purchase and sale agreement to . be signed hereafter.. To.provide,for possible.delays and to accommodate each other.reasonably if needed,the Seller and Buyer agree as follows; . a) In the event Buyer's mortgage lender.is unable to close on the closing date set forth in the executed Purchase&Sale Agreement,the closing date may be extended upon written notice from Buyer to Seller for a period not to exceed eight business days,time remaining of the essence:Notwithstanding specification of the extended closing.date in Buyer's written notice,the Buyer retains the.right,to further extend the closing date by.subsequent written notice,provided the extended closing date does.not exceed the eighth business day following.the original closing date set forth in'the Purchase&Sale Agreement.. b) In the event Buyer's ability to purchase is contingent upon the completion of the.sale of Buyer's present residence,but the closing of Buyer's present residence,is delayed due to TRID.regulation compliance,then Buyer shall be entitled.upon written notice to.a like.delay in closing date,,not to exceed a period of eight business days,time remaining of the essence. Notwithstanding specification of the extended closing date in Buyer's written notice;the Buyer retains the iglu to further extend the closing. date by.subsequent written notice,provided the extended.closingdate does not exceed the.eighth business day following the originatclosing date set forth in the Purchase&Sale Agreement. 0 All utility readings(water,sewer;fuel value,etc:;as.applicable).shall be conducted l0.days prior to the specified closing date. Seller working together:with the listing.agent(if applicable)shall ensure all readings and adjusted are established:on or prior.to the 16`h day before the.closing,and shall be forwarded to the closing.attorney as.soon as possible,but.in:no event laterthanthe 1Qt.'.day. The settlement statement shall.reflect payment and adjustments.as of the reading date,with the exception.ofthe real estate tax-proration,which shall be made as of the closing date-There shall.be no further adjustment between the parties unless otherwise agreed.Notwithstanding the:above,the parties may agree to estimate .. the fuel.adjustment as of the closing date,employing any.reasonable method to determine same: 21. Sellers Agent Name: j h( V License Number: fp Company Name: i/!r��rY ✓�1/i2 -✓ :. �. Company License Number. ✓?. j Address: 7 . (� G✓ls`lU .. '' :� bpi �L:vcL v DZf�S� Phone Number: � v;.44? fCi>. . ...:. Buyer's Agent Name: License Number:. Company Name: . Company License.Number: Address: Phone.Number: 22: The Closing.Disclosure is aaoan:document that contains Non-Public Personal Information(NPPI). The Buyer and Seller,as well as their respective agents,acknowledge that the:Buyer's lender may not authorize the release of the.Closing Disclosure at time of closing.In order to comply with the new. TRID standards the Buyer's lender's closing attorney will not release a copy of the Closing Disclosure to any third parties involved in the transaction. Instead,the Buyer and Seller authorize the Buyer's lender's closing attorney to provide a copy of the ALTA Settlement Statement to third parties at closing: DS I DocuSign Envelope ID:7F049E4C-0614-4CE2-A43D-AD556DA4CD9D 5/15/2018 12:05:34 PM PDT :Executed this. day Y of Ma 2018 DoiuSigne�e�d,by1�:.�.. .. Cup j�i1MA�/l.I) j� _ 647BBEF7BBF947C..: . Seller: Buyer: Seller: Buyer.: i DocuSign Envelope ID:7F049E4C-0614-4CE2-A43D-AD556DA4CD9D Law Offices of Sonja B.Selami,P.C; 40 Grove Street,Suite 130 Wellesley;MA 02482... Telephone:508 424 0600 Fax:871653 6889 WIRE FRAUD RIDER . .. Incidents.of wire fraud in residential real estate transactions are on the rise. Criminal hackers target buyers,sellers and attorneys . involved in real estate transactions..The.consequences,can be devastating._The:staff at The Law.Offices of Sonja B.Selami,P.C. is committed to.protecting parties in.closing.transaction$.from falling victim to wire fraud,scams. Fraudulent a-mails contain false wire instructions and direct people to wire closing funds to bank accounts that are actually owned by hackers.The emails may appear to be genuine and contain the:senders'company e-mail information;fonts,logos,etc. They.may reference personal information or details about the transaction and mimic the tone of past emails from the person they impersonate. Fraudulent email addresses typically appear to be from someone you are working with or a business involved with -the transaction.. ANY EMAIL THAT ASKS YOU.TO WIRE MONEY IS POTENTIALLY FRAUDULENT. • Before wiring funds,call our office at 508-424-0600 to verify the wire instructions verbally, . • . Do not rely on contact information in emailed instructions. Refcr to the Purchase&Sale Agreement or callus directly at 508-424-0600. Nev• ec send sensitive personal date via unsecured email—this includes bank account numbers,credit card numbers and social security numbers.Always.use a secure email,facsimile.or telephone toxelay sensitive data, • Wire instructions to our firm will always reflect the account name as The Law Offices of Sonja B.Selami,P.C. If you receive emailed instructions with any variation to this account name,please call our office immediately... Once a wire has been sent to a criminal hacker,it is_extremely difficult or impossible to retrieve the money. We must all work together to prevent fraud before a wire is send Likewise,our office will always use a secure method to verify wire instructions for sale proceeds. If you are a seller,you can hand-deliver the instructions at closing or use another secure method of delivery. If we receive wire instructions via email,we will call you.or your attorney to verify all information before we initiate the wire. Do not hesitate to call us ifyou'have anv question or concern about an emailyou receive in connection with yourpending closing. f DocuSign Envelope ID:7F049E4C-0614-4CE2-A43D-AD556DA4CD9D The undersigned acknowledge that we have received and read this Rider: . .. DocuSianed by: �U� Goa 5/15/2018 12:05:34 PM PDT . •^ f 6478BEF7�-8�-B__F�94 7�^C�U... BUYER: date SELLER: date if BUYER: date SELLER: date i Application Number........................................... Section 9—.Construction Supervisor Name Telephone Number Address City State Zip License Number License Type Expiration Date Contractors Email Cell# I understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable.Attach a copy of your license. Signature Date Section40-Home Improvement Contractor Name TeleP hone Number Address City State Zip Registration Number Expiration Date I understand my responsibilities under the rules and regulations for Home Improvement Contractors in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable.Attach a copy of your II.I.C... Signature Date - Section 11 —Home Owners License Exemption Home Owners Name: =J-4 Z `(6* Telephone Number ) 55'(- L13 r Work Number I understand my responsibilities onsibilities under the rules and reg ulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation re by 780 CMR and o le. Signature- Date . APPLICANT SIGNATURE Signature Date Print Name ► L-) Telephone Number a) J E-mail permit to: Z tfAN6, ( lW ft -, CO -- Section 12 —Department Sign-Offs Health Department ❑ Zoning Board(if required) ❑ Historic District ❑ Site Plan Review(if required) ❑ Fire Department ❑ Conservation ❑ For commercial work,please take your plans directly to the fire department for approval, Section 13—Owner's Authorization 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: .X (Address of job) Signature of Owner _ date Print Name T ` Last undated:2/9/2018 Official Website of The Town of Barnstable Property Lookup Page 1 of 4 .x Select Language Assessing Division Property Lookup Results - 2018 367 Main Street,Hyannis,MA.02601 <<BACK TO SEARCH<< 4Print Owner Information-Map/Block/Lot:168/120/-Use Code:1010 Owner CX)-� Owner Name as of MARCELLO,THOMAS J& Map/Block/Lot G/S MAPS 1/1117 PATRICIA D TRS 168/120/ 35 BRETWOOD LANE Property Address a/L/ 35 BRETWOOD LANE on CENTERVILLE,MA.02632 Co-Owner Name MARCELLO FAMILY REVOCABLE Village:Centerville I TRUSTI Town Sewer At Address:No GIS Zoning Value:RC - �J Assessed Values 2018-Map/Block/Lot:168 1 120/-Use Code:1010 2018 Appraised Value 2018 Assessed ValuePast Comparisons ��� Building $90,700 $90,700 Year Assessed Value Z h'('�` a I^ y�'� l Value: Extra $42,200 $42,200 2017-$289,700 i Features: 2016-$307,500 2015-$278,300 2014-$278,800 2013-$284,700 Outbuildings:$23,600 $23,600 2012-$276,400 2011-$283,200 Land Value: $134,900 $134,900 2010-$286,800 . O 2009-$337,100 2018 Totals $291,400 $291,400 ��� 2008-$332,600 2007-$331,800 Residential Exemption Received=$93,229 Tax Information 2018-Map/Block/Lot:168/120/-Use Code:1010 Taxes C.O.M.M.FD Tax(Commercial) $0 C.O.M.M.FD Tax(Residential) $469.15 Fiscal Year 2018 TAX RATES HERE Community Preservation Act Tax $57.13 Town Tax(Commercial) $0 Town Tax(Residential) $1,904.42 $2,430.70 http://www.townofbamstable.us/Assessing/propertydisplayscreenl 8.asp?ap=0&searchparce... 5/4/2018 Official Website of The Town of Barnstable-Property Lookup Page 2 of 4 4{ Sales History-Map/Block/Lot:168!120/-Use Code:1010 History: Owner: Sale Date Book/Page: Sale Price: MARCELLO,THOMAS J&PATRICIA D TRS2017-10-05 30811/276 $0 MARCELLO,THOMAS J&PATRICIA D 1988-08-15 6413/254 $1 MARCELLO,PATRICIA D 1988-08-15 6399/147 $1 MARCELLO,THOMAS J&PATRICIA D 1978-02-16 2662/141 $0 Photos 168/1201-Use Code:1010 ., . Sketches-Map/Block/Lot:168/120/-Use Code:1010 AsBuilt Card N/A Constructions Details-Map/Block/Lot:168!120/-Use Code:1010 Building Details Land Building value $90,700 Bedrooms 3 Bedrooms USE CODE 1010 Replacement Cost $114,828 Bathrooms 2 Full-0 Half Lot Size 0.35 i (Acres) Model Residential Total Rooms 6 Rooms Appraised $134,900 Value Style Raised Heat Fuel Gas Assessed $ Ranch Value 134,900 Grade Average Heat Type Hot Water Year Built 1978 AC Type None Effective 21 Interior Carpet depreciation Floors Stories 1 Story Interior Walls Drywall Living Area sq/ft 1,028 Exterior Walls Wood Shingle Gross Area sq/ft 2,330 Roof Gable/Hip Structure Roof Cover http://www.townofbamstable.us/Assessing/propertydisplayscreenl 8.asp?ap=0&searchparce... 5/4/2018 Official Website of The Town of Barnstable -Property Lookup Page 3 of 4 '* Asph/F GIs/Cmp Outbuildings&Extra Features-Map/Block/Lot:168/120/-Use Code:1010 Code Description Units/SQ ft Appraised Value Assessed Value FEP Enclosed porch- 168 $8,600 $8,600 roof,ceiling WDCK Wood Decking 174 $2,400 $2,400 w/railings FGR6 Gar w/Lft Avg 624 $20,200 $20,200 SHD2 Shed w/Elec 168 $1,000 $1,000 BFA Bsmt Fin-Avg 960 $13,200 $13,200 BMT Basement- 960 $20,400 $20,400 Unfinished. Sketch Legend Property Sketch Legend B2N Bam-any 2nd story area FPC Open Porch Concrete Floor REF Reference Only BAS First Floor,Living Area FTS Third Story Living Area(Finished) SOL Solarium BMT Basement Area(Unfinished)FUS Second Story Living Area SPE Pool Enclosure (Finished) BRN Barn GAR Garage TQS Three Quarters Story(Finished) CAN Canopy GAZ Gazebo UAT Attic Area(Unfinished) CLP Loading Platform GRN Greenhouse UHS Half Story(Unfinished) FAT Attic Area(Finished) GXT Garage Extension Front UST Utility Area(Unfinished) FCP Carport KEN Kennel UTQ Three Quarters Story (Unfinished) FEP Enclosed Porch MZ1 Mezzanine,Unfinished UUA Unfinished Utility Attic FHS Half Story(Finished) PRG Pergola UUS Full Upper 2nd Story (Unfinished) FOP Open or Screened in Porch PRT Portico WDK Wood Deck PTO Patio Print Contact Director { Edward F.O'Neil,MAA - E P 508-862-4022 T 508-862-4722 http://www.townofbamstable.us/Assessing/propertydisplayscreenl 8.asp?ap=0&searchparce... 5/4/2018 I ' I I i , � 3 iY i / `•�.i�..�e P p t a i i J _v V , i V cam)� i «c�a� { JJ �� a �� 5 (ui 0- 9:30 AM or 3:30—4:30 PM) r Y + ` the project, correct square footage, estimated cost of project, e, address and telephone number. Contractor must sign and II sized plans and one complete set reduced to 1 1"x 17"fully building permit application. Both sets must be stamped by. t of full sized plans to the appropriate Fire Department for e accepted without prior approval from the Fire vit- State Form must be completed. Copy of Insurance y of the Construction Supervisor license is required. olders are not entitled to supervise construction of a to a building with a total cubic volume greater than tion must be accompanied by controlled construction ns 116 & 1705. ted (not 1 G) or ❑ Controlled Construction uired, do not accept application package without prior r in writing) frontage) must be submitted with permit application. Letter of Permission. f$150 must be paid upon receipt of application number. b/e. Permits are$9.10 per$1000 of value. t complete the forms issued by the Aeronautics .I u l rA u .'D 4 r, d ? ?44 C T-_6 sS t I� e I Irur ,No P - - - - Marl, P Thom J. 16 1�VN Book 8143 Page', 2.54 Aricit z' A - � Ca-th,eiin arse-Ito, mother Sent 0108 mall r� 5l�,MOBr � . 0091j, no r tpon e: 6/ ;31/091 nothing -ea.vry Jn Mel, Robin,; ah update? 1. �it �-.1201 HI O dill pft R a tone. to S im-,le [Faafirnly-1 gil i r r 7 Ft r Town of Barnstable do Regulatory Services * sAxxsrnaLE, ,,ASS. �, Thomas F. Geiler,Director �ATf1639. O Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 May 7, 2008 Mr. Thomas J. Marcello 35 Bretwood Lane Centerville, MA 02632 Re: Family Apartment Dear Mr. Marcello: Please complete the enclosed Family Apartment Affidavit and return it to the Building Commissioner's Office reconfirming the status of the apartment. You are required under Section 3-1.1(3)(D)(1) of the Town of Barnstable Zoning Ordinances to submit an affidavit annually indicating the status of the family apartment. If you have any questions, please call Lois Barry, Division Assistant, at 508-862-4039. Sincerely, Tom Perry Building Commissioner Enclosure j famapt Town of Barnstable �oFT�r�ti Regulatory Services r r * BARNSTABLE. v 139. Thomas F. Geiler, Director �� _ A'fD"A°`A Building Division Tom Perry Building.Commissioner .200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6.230 May 14, 2007 Mr. Thomas J. Marcello 35 Bretwood Lane Centerville, MA 02632. Re: Family Apartment Affidavit Dear Tom: When we spoke on April 11, you indicated that you would get back to me regarding the status of your family apartment. As you know, you are required under Section 3-1.1(3)(D)(1) of the Town of Barnstable Zoning Ordinances to submit an affidavit annually indicating the status of the family apartment. Tom Perry has asked that I write to you again and would like you to return the family apartment affidavit or to inform us if you no longer have a family member residing in the family apartment. Please return the enclosed affidavit or call me.(508-862-4039) as soon as possible. 'Sincerely, Lois Barry Division Assistant Enclosure J030403b Twe TOWN OF BARNSTABLE Permit No. ,34835....... BUILDING DEPARTMENT I """ I TOWN OFFICE BUILDING Cash HYANNIS.MASS.02601 Bond N/A FAMILY APARTMENT ------ ---- CERTIFICATE OF USE AND OCCUPANCY Issued to Thomas Marcello Address 35 BretWOod Lance Centerville . Mass. USE GROUP FIRE GRADING'- OCCUPANCY LOAD. THIS PERMIT WILL NOT BE VALID:; AND THE BUILDING"SHALL:'NOT L2E OCCUPIED';UNTIL: 5 SIGNED BY THE BUILDING.INSPECTOR UPON SATISFACTORY�..COMPLIANCE.'WITH TOWN REQUIREMENTS AND'IN ACCORDANCE WITH SECTION 119.'0 OF THE`MASSACHUSETI`S STATE BUILDING CODE. February j. .,... I9 ' ..... �. "-�'' - - E Bu Iding Inspector , G Assessor's p(1st Floor): g /� asTHE Assessor's ma ma and lot number ©C' ld o Conservation 7 INST! Board of Health(3rd floor): ' Sewage Permit number 7M Engineering Department(3rd floor): ENVIRONMENTAL _ House number �s TOWN REGULN8l Definitive Plan Approved by Planningrboard 19 APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2-00 P.M.only TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO G Q A/6 /1 4,)G7- p7.- 6Wdml Q 07 TYPE OF CONSTRUCTION _ VAS TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location Proposed Use ��` �-Y �1d Zoning District C Fire District G � Name of Owner M12-Gof-Ua Address 3 S�Z?ttLg Name of Builder Address Name of Architect Address t l Number of Rooms •� KI?�/ �'�- Foundation Exterior C) d L) jr hf)i")5� Roofing Floors G d ti G Interior w y yy �iP/ lL Heating J15:7Y Plumbing G o P�t2=lL, Fireplace r7 Approximate Cost Area Diagram of Lot and Building with Dimensions �° Fee s :X n M b OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name Construction Supervisor's License MiARCELLO, THOMAS No 34835 Permit For REMODEL PORT ON OF, DWELLING TO FAMILY APARTMh. TT , Location ' 35`Bretwood Lane72 Centerville - I Owner Thomas Marcello /+ Type of Construction Frame rr _ram _. • ,: � Plot / 1 + `Lot s f i February 11 ' 92 Permit Granted Y . 19 Date of Inspection + 19'. ` s Date Completed z/Z/gam• 19 f: -- I I , BooK7239�AGF 002 -® 37171 TOWN �'_ F RECORD IN REGISTRY OF DFf�S BA IN COMPLIANCE WITH SEC. 11 CIF TOWN of BARNS AK ! !a CHAPTER 40A, M.G.I. 2! = ' '5 ZONING BOARD OF APPEALS SPECIAL PERMIT DECISION AND NOTICE APPLICATION: 1990-37 APPLICANT: THOMAS AND PATRICIA MARCELLO At a regularly scheduled hearing of the Barnstable Zoning Board of Appeals , held on June 21 , 1990, notice of which was duly published in the Barnstable. Patriot and notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of Massachusetts, the applicants, Thomas and Patricia Marcello, applied to the Board for a Special Permit pursuant to Section 3- 1 . 1 . (3) (D) , Family apartments of the Zoning Bylaw. The applicant's property is located at 35 Bretwood Lane, Centerville, MA and is . shown on Assessors' Map 168 as lot 120 . It is in a Residential C Zoning District. Mr . Marcello presented his application to the Board to construct a 463 sq. ft. family apartment in the basement of his existing 960 sq. ft. dwelling. The apartment will consist of .a bedroom, kitchen/ living room and bathroom. The proposed family apartment will be occupied by Mr. Marcello's mother—in- law. The applicant stated that he has read and understands the regulations concerning family apartments as set forth in the Zoning Bylaw. The applicant stated that he is in compliance with these regulations . The Board reviewed the submitted Plan . The board questioned whether the existing shed is in compliance with the setback requirements . The applicant answered that he can certify the Plan if necessary and. he will certify the that the shed complies with the setback requirements . FINDINGS OF FACT: Based upon the information provided, the Zoning Board of Appeals made the following findings of fact : 1 . Based on the application before the Board, the applicant complies with Section 3-1 . 1 (3) (D) of the Zoning Bylaw; and Book7239 PIGE 003 2 . The grant of this Special Permit would not be in - - derogation of the spirit and intent of the Zoning Bylaw nor would it be a detriment to the neighborhood affected. The vote on the findings of fact was as follows : AYES : BOY, BURLINGAME, JANSSON, LALLY, NIGHTINGALE NAYES: NONE DECISION: Based upon the information provided and the findings of fact , at a meeting held June 21 , 1990, by a motion duly made and seconded, the Zoning Board of Appeals voted to grant the Special Permit with the following conditions : I . The applicant shall comply with all provisions set forth in Section 3- 1 . 1 (3) (D) (a through q) of the Zoning Bylaw (see attached) ; 2. The family apartment shall be constructed as per the Plan submitted to the Board; 3 . The applicant shall certify the setbacks of the shed and the two-car garage; and 4. The applicant shall comply with all Board of Health regulations . The vote was as follows : i AYES: BOY, BURLINGAME, JANSSON, LALLY, NIGHTINGALE NAYES: NONE ;",0 0 K7239 Q,�_ 004 D) Family apartment subject to the following: a) Not more than one (1) family apartment Is provided. b) The family apartment Is within or. attached to an existing residentlal structure or within an existing building located on the same lot as said residentlal structure. c) The residentlal character of the area is retained as nearly as possible. d) The family apartment contains not more than fifty percent (50%) of the square footage or the e)tlsting residential structure if being proposed as an addition thereto. e) All setback requirements oFithe zoningdistrict t within which the family apartment Is being located are compiled with. f) The property owner resides on the same lot as the family apartment. g) The family apartment Is occupied by members of the property owner's family only. j h) The occupancy of the family apartment does not exceed two (2) family members at any one time. - i) The family apartment Is the primary year-round residence of the family member(s) residing therein. Y art The Family apartment will .1) p 1 not be sublet or subleased by. either the owner or family members) at any time. k) Scaled plans of any proposed remodeling or addition to accommodate the family apartment have been submitted by the property owner or his or her agent to the Building Commissioner and the Zoning Board of Appeals. 1) Prior to occupancy of the family apartment, affidavits reciting the names and family relationship among the parties seeking approval have been signed and shall be signed annually thereafter for the duration of such occupancy. m) Prior to occupancy of the family apartment, an occupancy permit shall be obtained from the Building Commissioner. n) No such occupancy permit shall be Issued until the Building Commissioner has made a final Inspection of the proposed family apartment. o) Within sixty (60) days from the date authorized family members vacate the family apartment, the owner or his or her agent shall remove any kitchen facilities In such unit and notify the Building Commissioner to Inspect the premises. 4 p) In addition to the provisions of Section 3-1. 1(3)(D)(o) above, upon vacation of any family apartment, the premises shall be restored as nearly as possible to their state prior to the creation of such family apartment. q) The Building Commissioner shall have the right to Further Inspect the premises upon which a family apartment has been vacated. at least three (3) times per year for three (3) years consecutive from the time of such vacation. n00K7239 PAGE W5 Any person aggrieved by this decision may appeal to the Barnstable in Section 17 of Chapter 40A of the Superior Court, as described General Laws of the Commonwealth of Massachusetts by bringing:.an action within twenty days after the decision has been filed in the office of the Town Clerk. Chairman Clerk of the Town of Barnstable, Barns table-County, Mass 'h etts, hereby certify that twenty (ZO) days have elapsed since the o rd of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. , .:::19 ender the Signed and Sealed this !L �/ day of y�....,..,.� \• `. ury pains and penalties of perj •Distribution: Property Owner ��j��`°! Town Clerk Town Clerk Applicant Persons Interested Building Inspector t Public Information i Board of Appeals ° c s � I i 4i a.' } yr M Assessor's offioe (1st floor); / �p If Assessor's map and lot number ........ .. 11Z r-- n �"�VFW NIA S7 °F THE To` ..... Q� ` Board of Health (3rd floor): Sewage Permit number ..............7.!F-../1..�.................. WITH TITLE 5 t 9,$d9TA.M. ,t-ngineering Department (3rd floor): w ,!MMENTAL C01 ��P12 moo ;'6,9. 0� House number ...............................��'..3 .......... SAS Y a� APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00- .00 P.M. only TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO .....� ...G ...'��J.. ................ TYPE OF CONSTRUCTION ...... .�U �".... .�-....... !. 6-- - 6 (-7 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location � 1.vo0� � �� .N.%��17i�..�L .......................................... ............ ........ ... ProposedUse .......Z..... '1 ........ 12�1z.!4c....................................................................................................... ZoningDistrict ........................................................................Fire District ...........................................................................'... Name of Owner .. � d�'.. �l�.G L 0........Address 3- G 16114—.1{ ..... ................ .... ... ................. �` .......................V.L. L.`...........�. Name of Builder ..................... ...................Address .............. ......................................................... Nameof Architect ..................................................................Address .................................................t.................................... Number of Rooms ............- ................. .........................Foundationd.a ....G -lf /1� ............................................. Exierior . Roofing ..Z.✓....:�... X� L. .............................. .............................. Floors �. A...................................Interior ... 5�. ...�..-z-x...4........................... ---- Heat-ing ..............................................Plumbrng /v O�LS ....d........................................ Fireplace /C ..................................Approximate Cost ........... ..b....... .................................... .................. . Definitive Plan Approved by Planning Board --------------------------------19-------- . Area ....��� ....�......... Diagram of Lot and Building with Dimensions Fee a ............................... SUBJECT TO APPROVAL OF BOARD OF HEALTH . ion vTtLiry l3Lgy. � s ep �i D L4 .Lo L P , R IN S.i. 2 p xis-c 3S4 r �fZ (FTc.�� ov0 L� � OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ....J ...................... t...r��j ..... ......... .............. Construction Supervisor's License MARCELLO, THOMAS No 3131J Permit for qa-K... A.c.c.e.s.s.ory to Dwelling,,..,_,,,. ....................... ....... Location .....3.5...B.re.two.o.d...Lane.................. Centerville . ............................................................................... Owner, ,,Th.oma.s.....Ma.r.c.e.l.l.o..................... Type of Construction ...Frame.......................... ................................................................................ Plot ............................ Lot ................................ Permit Granted ....................................October 19 ,.....19 87 Date of Inspection ............ .......................19 Date Completed ....... .......19 Assessor's offioe (1st floor)_: ,^ F1NET Assessor's map and lot number ......!... Board of Health (3rd floor): Sewage Permit number .............. .g�'��. !.... L 99S3STODLL. S .. .......... E'hgineering Department (3rd floor): i- �o rb 9- House number o } AV. t APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2 00 P.M. only TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ..... ...G .t� '... y.......................... TYPE OF CONSTRUCTION ...... .P.Q 2...... ...................................................................... .............. ............,9 .� TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according too the following information: Location ............. ...... .N. xl�I?i . .......................................... ..... ProposedUse Z' tom....... 12.Ilt ..............................................................................I......................... ZoningDistrict ........................................................................Fire District .............................................................................. Name of Owner ...,lyd'S .. .G ........Address ....�� �� d�......�/./C�/,G .... .. . .................. .. t Y1 �� 1 � 1 � Nameof Builder .........y...........................................................Address .................................................................................... L Nameof Architect .......rr...........................................................Address .................................................................................... Number of Rooms ............................................Foundation G a Exlerior .......................................Roofing ..2 ......... . .���r�:�:. .............................. FloorsC. ...................................Interior ... .X... C_ .. .....Z .. Heating ..........!U.C7J.Z,.�.....a................................:........Plumbing A,) d� Fireplace . /(/.... ../`'.� ..................................Approximate Cost ...........: ..b.d.Q..................................... Definitive Plan Approved by PlanningI.6 oard --------------------- --------)9-------- . Area Diagram of Lot and Building with Dimensions Fee �`t SUBJECT TO APPROVAL OF BOARD OF HEALTH rot �rlc,Ty 4 L• 1. 0.8. T. 2a MIST 4a�ll'. 3s' OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ..... ...................... ... ....., . ...�,r-��. Construction Supervisor's License �:(/.../.(,. r3ARCELLO, TH01AAS A=168-120 No .313.1.7... Permit for ....2...Car Garage. Acces.s.orY:.:to..:Dwe=1l.ing.......... Location ....3.5...B.re.twood..L.ax1e.................. Centerville ............................................. Owner .....Thomas.. MarcellR..................... Type of Construction ........F.rame..................... ............................................................................... Plot ............................ Lot .:.............................. ' Permit Granted October 19 , 19 87 Date of Inspection ....................................19 Date Completed ......................................19 A107- 5VA4 049 I. rA /PC) r- �` r A'2--A N rl/a.4 10 C 'It/7 4 seas 15 LOCUS. i'F eV,4,:tAVr) .407 /6 k/4eAllr rCWS.7 C 21.r 2 �ry A, 4 JX 7�w-wA 7,ee WA rr/7- -IPV /PfTWOOD No -.4 72r1Z —y /* k' S 7 1-To 0,1,1,e 4�A4 r-o ec"&) o"m '22-0 OJ)f. .7 4 • j � 1 Torte t? ,Z -1 L)Z--7)Imo. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Ma p J �� Parcel �� Application Health Division Date Issued t ` Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation / Hyannis Project Street Address Village V11,4 Owner s Ar'emA S Pe�'i� � Address S �i�t�T�i✓��� 4A Telephone 1�* -f17-0 22-:9-* Permit Request Square feet: 1 st floor: existing QED proposed 2nd floor: existing JO; proposed b 4 Total new Zoning District I2 C 3 Flood Plain Groundwater Overlay Project Valuation d Construction Type A5Pd1YA�» Lot Size 100 )-QtO Grandfathered: A Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(# units) Age of Existing Structure _2 �.S° Historic House: ❑Yes No On Old King's Highway: ❑Yes 1 No Basement Type: XFull ❑ Crawl XWalkout ❑ Other Basement Finished Area (sq.ft.)9ZAQ Basement Unfinished Area (sq.ft) Number of Baths: Full: existing 2: new Half: existing new Number of Bedrooms: existinga new Total Room Count (not including baths): existing new First Floor Room Count 4 9d Heat Type and Fuel: XGas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes X No Fireplaces: Existing 6 New Existing wood/coal stove: ❑Yes XNo Detached garage:existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn existing ❑ new si Attached garage: ❑ existing ❑ new size _Shed:Xexisting ❑ new size !x1�Jther: `a Q A �. Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ 01Cn n Commercial ❑ Yes No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION .......... (BUILDER OR HOMEOWNER) Name 7W e9l"A-J Al P �-C"5Z"5 Telephone Number-5 � � 72, Address es� �TG✓D°lam Z-A License # Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO �i P1 a•� C,/ SIGNATURE �% DATE FOR OFFICIAL USE ONLY APPLICATION# x ` DATE ISSUED MAP/PARCEL NO. � I ADDRESS VILLAGE f . t OWNER DATE OF INSPECTION: FOUNDATION ` FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. 4 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map- O Parcel zzp Application o-006 99b Health Division Date Issued Conservation Division - fx- Application Fee f 'X7 71V Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board 12h diz- Historic - OKH Preservation/ Hyannis Project Street Address /-A Village C, Eti i A 1114 4- Owner -7-h 1w A S M A Address Telephone 4-S?-&12-7_.E- -5-d(f 7_-4&-71 �2 441-4- Permit Request 4(-- _vZY It-5_J d/ M EV Square feet: 1 st floor: existing 91U) proposed F40 2nd floor: existing proposed z4t4 Total new Zoning District Flood Plain Groundwater Overlay Project Valuation S4 -Construction Type P-,5,k)dYA (/ Lot Size 10,0 Grandfathered: ;dJ Yes U No If yes, attach supporting documentation. Two Family LJ Multi-Family (#units) Dwelling Type: Single Family X Age of Existing Structure Historic House: 0 Yes No On Old King's Highway: L3 Yes 4No Basement Type: XFull Ll Crawl Walkout j LJ Other Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing- Z new Half: existing new Number of Bedrooms: 3 existingo new Total Room Count (not including baths): existing 7 new First Floor Room Count 44 PdqC.t1 Heat Type and Fuel: XGas L3 Oil Ll Electric LJ Other Central Air: L3 Yes No Fireplaces: Existing 6 New Existing wood/coal stove: L1 Yes XNO Detached garage-Aexisting LJ new size-Pool: LJ existing LJ new size Barn. *existing LJ new siz% o Attached garage: LJ.existing Ll new size _Shed:existing LJ new size Lzx,-,Other: Zoning Board of Appeals Authorization Ll Appeal # Recorded Ll Commercial LJ Yes No if yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) c 7-Af 6 14 7- Name A/7 � Telephone Number__5'Udr424"L 0 2 2 Address License # Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE IGNATURE DATE—/ 41 FOR OFFICIAL USE ONLY it APPLICATION# DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER 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 Office of Investigoons. 600 Washington Street Boston,MA 02111 www.mass.gov/die Workers' Compensation Insurance Affidavit:Builders/Conn-actors/Electricians/Ptumbers Applicant Information Please Print LepiblY Name(Business/Organization/Individual): h V-1-4 f L City/State/Zip: : '�,&Z)T1 f� U 14LLL /it Phone.#: Are you an employer? Check the appropriate box: Type of project(required):, 1.0 I am a employer with 4. 0 I am a general contractor and I employees (full and/or part-time). *. - have hired the sub-contractors 6. 0 New construction 2.r I am a sole proprietor or partner- listed on the-attached sheet T. 0 Remodeling ship and have no employees. These sub-contractors have 8. 'O'Demolition workingfor me' employees and-have workers' m an capacity.. Y P t3' incirrance.$ 9. 0 Building addition [No workers'•comp.-insurance comp. • required.] 5. We.are a corporation and its -10.0 Electrical repairs or additions 3 am a homeowner doing all work officers have exercised their I I.El Plumbing repairs or additions / myself [No workers'comp. right of exemption per MGL 12.0 Roof repairs insurance required_]t c. 152, §1(4),and we have no employees. [No workers' .13.0 Other comp.insurance required].: *Any applicant.that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who subrit this affidavit indicating they are doing aD work and them hire outside contractors must submit anew 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. lam an employer that is providing workers'compensation.insurance for my employees, Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins. Lic.#: Expiration Date: ' • Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). ' Failure to secure coverage.as required under Section 25A ofMGL c. 152 can lead to the*imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of.up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of Investizations of the DIA for insurance coverage verification.: I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct . Signature: Date: Phone# LO only. Do not write in this area, to be completed by city or town official n: Permit/License# ority:(circle one). Health •2.Building Department 3.City/Town-Clerk 4.Electrical Inspector 5.Plumbing Inspector son:" .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 bust-=of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced-acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C( )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-conti-actor(s)name(s),addresses)andphone number(s)along with their certificates)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 policyis required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials .Please be sure that the affidavit is complete'and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the.event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant . that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address" the applicant should write"all locations in (city or town)."-A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to.tha.nk you in advance for your cooperation and shouldyouu have any questions, please do not hesitate to give us.a call. The Department's address, telephone-and.fax number: The Commonwealth of M=achusetts Department of Fndustdal Accidents Office of Investigations 600 Washington Street BOAGn,MA 02111 Tel. #617-72749.00 ext 406 ar 1-877-MASSAFE Fax#617 727-7749 [. :vised 11-22-06 s�. wFvw.mass.gQv/die r r � Town of Barnstable Regulatory Services F g Thomas F. Geiler,Director Building Division Tom Ferry,.Building Commissioner .200 Main Street,Hyannis,MA 02601 . www,town,b arnstab Ie.ma.us Office: 508-862-4-03 8 Fax: 508=790-6230 ` - Property 0-wrier Must r . Complete and Sign This Section If Using A Builder as Ownerof 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 droner. Date Print Name If ProperLY Qwtier.%s app ying for permit please complete the Homeowners License Exemption Form on 'the reverse side. Q:FORMS:OWNERPERMISSION ;' Town of Barnstable TKE r,�fi •. `� Reguratoty Services ` = Thomas F. Geiler,Director zc.axsr.�sre. ' � . 6 KAM Building Division ibs� .a QED Tom Perry,Building Commissioner 200 Maid.Street,_Hyannis.MA_02601 www.town.barnstable_mz us Office: 509-8 62-403 8 Fax: 50 8-790-623 0 HOMMOW LICENSE EXEMmON I ` Please Print DATE JOB LOCAnON: .� � i�/® L.A i�';�V&1,6 number street villa e g "HOMFAYTNER":'� 5 MAU�.:I- 42-1-0,2Z& TO Q 7=147142- name home phone# work phone 9 CURRENT MAIL-NO ADDRESS: 3 S" &d'�OD 4 A city/town state up code The current ex=aption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor_ DEFTJITIION OF HOMEOVir ER Persons)who owns a parcel of land an which he/she resides or intends to reside, on which there is, or is iatmided'to be, a one or two-family dwelling, attached or detached strtictures.accessory to such use and/or farm stractures. A person who constructs more than erne home in a two-year period shall not be considered a bome,owmer. 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 tinder the building permit (Section 109.1..1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Codz and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies fhat.he/she understands the Town of Barnstable Building Department n,inTmiTm inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Hatn=VMCr i Approval of Building Official Note: Three-family dwellings contaT�35,000 cubic feet or larger will be required to comply with the Sta.tc Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION .The Codr states that "Any bomcowncr pmrfam-zing work for which a building pernvt is required Shan be exempt fvm tic provisions of this see6on.(Scc6dn 1 D9.1.1-U=uing of eanstrueticin Supenrisors);provided that if the homeosyna engages a pcnon(s)for hire to do such work, that such Homeowner shall act es supervisor." Many homeowners who use this exemption arc unaw=that they are assuming the responmbilities of a supervisor(see Appendix Q, Rsilcs&Regulations for Licmruig Crmstruction Supervisors,Scction 2.15) This lack of awareness oft=results in serious problems,particularly when the homeowner hires unli=n=d perons. In this ease,our Board cannot proceed against the unlicsnscd person as it would with a liemscd Supervisor. The homeowner acting as Supervisor is ultimately responsiNt To ensure that the homeowner is fully ewarc many communities require,es part of the pumit application, that the homeowner certify that hdshe undenbmdt the rcspo=*bil tics of a Supavisor. On the last page of this issue is a farm currently used by scyeral towns. You may care t amend and adopt such a formreertifiea ran for use in your community. Q:fDn- s:hom=crnpt a - t 4 Y G . e-4 e, P <^ 9 i tp yy�J Lj i vf v P� Z 4 w o n K A r4fl {�_ ----- I �f 4 rl � 3j 1 a r ij J1 yam' p`� Yam'' 1� -: i t {7 � �i �- � � � f .. _ � ._ x .. � .. t. _ . . S � � .. i 1 ,. .. _ .,_ � � ... � _. AAA ,tip i v '. .. r� .: .. .., � 2 ?. .. ri � � _. :: w ,. J r �. {} � ...x..... ��.._.... ��. � ���� a �1 /i ---�---� �.��., ., _.._ _.. ___ ___-..-rv_.. _ _ __ __ : . _ _- Town of Barnstable Regulatory Services °FINE l°� Thomas F.Geiler,Director WI ti COf l;i ff , €t518LE Building Division BARNSTABLE, ' Tom Perry, Building Commissioner2001 JUN 21 PM 1: 34 9 MASS. g 1639.� �w 200 Main Street,Hyannis,MA 02601 Aren"A°�a www.town.barnstable.ma.us S toN Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows My name is �d// �' "� I am the owner/resident of the property located at: AX The following members of my family will be the sole occupants of the Family Apartment at the e aforementioned address: Name & relationship to owner: Name & relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, 1 will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. 1 understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that 1 am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the ams and penalties of perjury t is day of �J U�Lr 2007. Signature Phone Number Print Name ,, #4 Q/b l d g/forms/famaffi d Rev:1/03 Town of Barnstable of t�ram, * Regulatory Services r + BARNSfABLE, MAC Thomas F. Geiler, Director 'ED N1. 0. Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 May 14, 2007 Mr. Thomas J. Marcello 35 Bretwood Lane Centerville, MA 02632 Re: Family Apartment Affidavit Dear Tom: When we spoke on April 11, you indicated that you would get back to me regarding the status of your family apartment. As you know,you are required under Section 3-1.1(3)(D)(1) of the Town of Barnstable Zoning Ordinances to submit an affidavit annually indicating the status of the family apartment. Tom Perry has asked that I write to you again and would like you to return the family apartment affidavit or to inform us if you no longer have a family member residing in the family apartment. Please return the enclosed affidavit or call me (508-862-4039) as soon as possible. Sincerely, Lois Barry Division Assistant Enclosure J030403b iTown of Barnstable (� Regulatory Services oeIKE roy, Thomas F.Geiler,Director -TARNSEABL- 4 Building Division BARNSTASLE, Tom Perry, Building Commissioner �, �� 9 MASS. g' 039. 200 Main Street,Hyannis,MA 02601 ATFp �s www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is ��� �� "' I am the owner/resident of the property located at: Map and Parcel Number The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: Name &relationship to owner: r The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. 1 agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of 2006. t � Signature Phone Number Print Name Wo -J XA A 12G G Q/bldgdformsdamaffid Rev:1/03 r Town of Barnstable Ok Regulatory Services lj pF'THE TOy, Thomas F.Geiler,Director 4 #,�.g �pp4 O .F ty � � Ul��ii"+r1.�3�iD�. Building Division V sAxTvsrAaLE Tom Perry, Building Commissio �R _$ Px� 3: 1 3 MASS 165 039• 200 Main Street,Hyannis,MA 02 , www.town.barnstable.ma.us ` DIVISION Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: MY name is �� ``� I am the owner/resident of the —�=PT property located at: Map and Parcel Number The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name"&relationship to owner: i '� '�+✓ " Name &relationship to owner.,' The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. 1 agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the'pains and penalties of perjury this' day,of AT" Signature . ��, - _ _ _ _ _ __ M _.. Phone Number Print Name_. -s=.,,�5 oyi IL2 Q/bldg/forms/famaffid Rev:1/03 Town of Barnstable Regulatory Services �TNE•T°�'4 Thomas F.Geiler,Director T( 1; }. Building Division anxxsrnstE, + Tom Perry, Building Commissioner ;lYli ra 1nf� i w c; v 39. A�0�' 200 Main Street,Hyannis,MA 02601 J MA't Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is / n�/ '44. '� 'y I am the owner/resident of the property located at: Map and Parcel Number The ZBA granted me a Special Permit/Variance on Date Appeal No. The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: --•- __._. _ _ _: ;.:: G LL. SSA J1�,YJ Name &relationship to owner: CAz^� gnl' dV� l�� � � � c���l Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this G day of ��� ~ 2004.- Signature _ Phone Number Print Name ��f /�-S VV\ Q/bldg/forms/famaffid Rev:l/03 Town of Barnstable Regulatory Services �oF�ME roy. Thomas F.Geiler,Director ,F o TOWN OF BARRSTABLE Building Division i 7 BAFWSTABLF�, Tom Perry, Building Commission { 3 2 {5 y MASS i639' 200 Main Street,HyanMs,MA 02601' ED Mp`l Office: 508-862-4038 DIVISION Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: MY name is I am the owner/resident of the property located at: Map and Parcel Number (2 The ZBA granted me a Special Permit/Variance on 7 r 2 Date Appeal No. The decision of the Zoning Board of Appeals has been recorded with the Registry of Deeds in Barnstable County: Book / ,3 Page_ 2� The following members of my.family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. 1 understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of .� d/ 2003: z --o-'z'-2'- Signature �L Phone Number Print Name Q/bldglforms/famaffid Town of Barnstable Regulatory Services _ 0 °Fig toys Thomas F.Geiler,Director Buildin pig p RN s-1 ABLE B"NSrnsM Peter F.DiMatteo, Badmig Commissioner 16;9. 200 Main Street, REED MA'S Office: 508-862-4038 �„ Fax:. 508-790-6230 0 1$70x Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is ��}6 � � � �� I am the owner/resident of the located at:. � property i ` Map and Parcel Number a — Z 0 The ZBA granted me a Special Permit/Variance on Date Appeal No. The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name&relationship to owner: Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified . family members: :In the event that the listed relatives vacate said apartment,.I will.immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. 1 also understand that I am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of J'e r5 2002. Signature - "" Phone Number 7,7,� Print Name Q/bldg/forms/famaffid Rev:010702 E COMMONWEALTH OF MASSACHUSETTS BARNSTABLE AFFIDAVIT I, {�-Od�✓I .5 ��--�t�'��- ,being on oath, depose and state as follows: 1.) I reside at '2ti . 2.) I am the owner of the property located r at � t�v�t'i / Lc��� 4i- shown on Barnstable Assessors' maps as MAP PARCEL_ 7— 3.) I Do Do not have a Family Apaartmen a Us location. 4.) On , 199 , the Zoning Board of Appeals, on Appeal No. or?nted !ne a Special Permit/Variance to maintain.a.Family Apartment at the above address. 5.) I understand that the Family Apartment may only be occupied by members of my family who are persons related to me by blood or by marriage. 6.The following members of my family will be the sole occupants of the Family Apartment at the above address: a) NAME cpr Iw ,�2-zez_ z5 Relationship to owner: M_ 0 b) NAME Relationship to owner: 7.) The Family Apartment will be the primary year round residence for the above-identified family members. 8.) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 9.) 1 understand that no subletting or subleasing of said Family Apartment is permitted. 10.) I understand that I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said Family Apartment. 11.) I understand that I am required to comply with all conditions imposed by the Board of Appeals in Appeal No. ! � r4:) 7" 12.) I agree to immediately notify the building Commissioner in the event of the sale of the above- listed property. Sworn to under the pains and penalties of perjury this 00 day of Signature Print Name � ..A a_ COMMONWEALTH OF MASSACHUSETTS W BARNSTABLE AFFIDAVIT AS pEt . /1/1�11�.�GLv -------- - --� O ,D depose and state as follows: AP R 0 5 7999 1.) I reside at-----3 S--rj—/��%/�_ d� LA-------- -TQ14�Rf BF ------ BUDDING p 7AB�E -- 2.) I am the owner of the property located at------3 -��-� ��.r�o v1� I-A - ---------------- shown on Barnstable Assessors' maps as MAP----L, _PARCEL_Z-2 3.) I Do___--....._ -Do not---_ —have a Family Apartment at this location. 4.) On--- ---—----, 199____, the Zoning Board of Appeals, on Appeal No. granted me a Special Permit/Variance to maintain a Family Apartment at the above address. 5.) I understand that the Family Apartment may only be occupied by members of my family who are persons related to me by blood or by marriage. 6. The following members of my family will be the sole occupants of the Family Apartment at the above address: a) NAME--- 7/-A/21,v _-IVL A-&5�eL L v ------------------- Relationship to owner:_____ b) NAME Relationship to owner:___________ 7.) The Family Apartment will be the primary year round residence for the above-identified family members. 8.) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 9.) I understand that no subletting or subleasing of said Family Apartment is permitted. 10.) 1 understand that 1 am required to annually file an Allidavit with the Building Commissioner listing the names and relationship of my family members occupying said Family Apartment.. 11.) 1 understand that I am required to comply with all conditions imposed by the Board of Appeals in Appeal No. 12.) I agree to immediately notify the Building Commissioner in the event of the sale of the above- listed property. Sworn to under the pains and penalties of perjury this_3_-1_-day of J"j��, 199_�— Signature Print Name ----------1 Ln SAS__s_ 14 A� --- COMMONWEALTH OF MASSACHUSETTS BARNSTABLE AFFIDAVIT I, --L ��-- t-- ---- ----------/------ being on oath, depose and state as follows: 1.) I reside at 3_<_'z57 4x�_ ----------------------------- 2.) I am the owner of the proper loca d at----=3 ✓- -�--- ----- --- ----------- --------------------------- shown on Barnstable Assessors' maps as MAP__ `o _____PARCEL_—_ 3.) I Do---Y----— ----Do not ____________have a Family Apartment at this location. 4.) On--- ----------, 199____, the Zoning Board of Appeals, on Appeal No.______ granted me a Special Permit/Vanance to maintain a Family Apartment at the above address. 5.) I understand that the Family Apartment may only be occupied by members of my family who are persons related to me by blood or by marriage. 6.The following members of my family will be the sole occupants of the Family Apartment at the above address: a) NAME------------------�-- �}- ----- --- --- -----Relationship to to owner:___ I _ _ - -------------------------------- b) NAME Relationship to owner:------------------------------------------------------ 7.) The Family Apartment will be the primary year round residence for the above-identified family members. 8.) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 9.) I understand that no subletting or subleasing of said Family Apartment is permitted. 10.) I understand that I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said Family Apartment. 11.) I understand that I am required to comply with all conditions imposed by the Board of Appeals in Appeal No. _____--_ -------------------------------------------------- 12.) I agree to immediately notify the building Commissioner in the event of the sale of the above- listed property. Sworn to under the pains and penalties of perjury this � _day of , 199 7---- Signature Print Name f4 `M _ _ r- oFVE The Town of Barnstable Department of Health Safety and Environmental Services Building Division Ar 1659. A�� 367 Main Street, Hyannis MA 02601 Ep MA Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissione December 30, 1997 The Marcello Residence 35 Bretwood Lane Centerville, MA 02635 Re: Family Apartment located at the above address Dear Mr. Marcello, Our records indicate you have not filed an affidavit regarding the above referenced family apartment for quite some time. It is required under Section 3-1.1 (3) (D) (1) of the Town of Barnstable Zoning Ordinance that an affidavit be submitted annually for the duration of such occupancy. Please indicate the status of the family apartment on the enclosed affidavit return to this office by January 30, 1998. Enclosed is an affidavit for your convenience. Thank you in advance, Ralph Crossen Building Commissioner COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: 7�� AFFIDAVIT I ��'�l�s�i.���� being on oath, depose and state as ollows : 1 . ) I reside at 3 S � • 2. ) I am the o ner of e property located at shown on Barnstable Assessors ' Maps as: Map /c- �f' , Lot / 2e 3 . ) On /y; Fd 19 the Zoning Board of Appeals, on Appeal No. J granted me a special permit to maintain a family apartmentat the above address. 9 . ) I understand that the family apartment may only be occupied by .members of my family who are persons related to me by blood or by marriage . 5. ) The following members of my family will be the sole occupant- of the family apartment at the above add ess: . (1) Name: Sir-- - � --�� ,�..�-��-v-✓„��T`'/! %�^ Relationship to Owner: wt 4 "'✓- (2) Name: Relationship to Owner: ' 6. ) The family apartment will be the primar y year- round residence for the above-identified family members. 7• ) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 8. ) I understand that no subletting or -subleasing of said family apartment is permitted. 9. ) I understand that I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said family apartment. 10 . ) I understand that I am required to•.comply with all conditions imposed by the Board of Appeals in Appeal No. i �eq 3� 10. ) I agree to immediately notify the Building Commissioner in the event of the sale of the above-listed property. Sworn to under the Pains and day of ^�� Penaltics of Perjury this 191• ( ign"' ure) .(Please P n Name) : 3 p � COMMONWEALTH OF MASSACHUSETTS 1 BARNSTABLE, ss : AFFIDAVIT I, 7" >1714'4 J. being on oath, depose and state as follows : reside 2 . ) I am the owner of the prope �; rty located at ems- . shown on Barnstable Assessbrs , Maps as : Map _ /w d' Lot_ /_0 3 . ) on 1 19 , the Zoning Board of Appeals, on Appeal No . , granted me a special permit to maintain a family apartment at the above address. 4 . ) 11 understand that the family apartment may only be ` occupied by .members of my family who are me by blood or by marriage . persons related to 5 . ) The following members of my family will be the s01.e occupants of the family apartment at the above address: (1) Name: Relationship to Owner: (2) Name: C q TXig-F1'? i� e4 �CLLZ7 Relationship to Owner , 6 . > The family dp,:irtment will be the primar round residence year- for the alcove-identified family members . 7 . ) In the event that the above-listed relative(s) vacate said apartment , I will immediately notify the Building Commissioner in writing . 8. ) I understand that no subletting or subleasing of said family apartment is permitted. 9- ) I understand tl*lar,. I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said family apartment . 10 . ) I understand that I am required to•.comply with all conditions imposed by the Board of Appeals in Appeal No. 10 . ) I agree to immediately notify the Building Commissioner in the event. of the sale of the above-listed property. Sworn to under the pains and day of 19 penaltie„ of Perjury this (Signature) (Please Print Name) : COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, .ss: AFFIDAVIT IF being on oath, depose and state as follows: 1 . ) I reside at 3 � , 2 . ) I am the wner f he property located at shown on Barnstable Assessors ' Maps as: Map _ /(� Lot_ f 3 . ) On —4LZ a 19 the Zoning Board of Appeals, on Appeal No. special Permit to maintain a family apartment'atranted the .aboveaaddress. 4 . ) ' I understand that the family apartment may only be occupied by .members of my famil me by blood or by marriage. Y who are persons related to 5. ) The following members of my family will be the sole occupant:, of the f mily apartment at the above dress; (1) Name: /�� =� _� '�� Relationship to Owner: -D '1 � i (2) Name • Jam: -� �•�,.. Relationship to Owner 6 • ) The family apartment will be the round residence for the above-identified family members. 7 . ) In the event that the above-listed relative(s) vacate said apartment,Building Commissioner iI I will immediately notify the writing. 8. ) I understand that no sublettingor s said family apartment is permitted subleasing of . 9. ) I understand that I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said family apartment . 10 . ) I understand that I am required all conditions to .comply with imposed by the Board of Appeals in Appeal No. a- 10. ) I agree to immediately notify they Building Commissioner in the event of the sale of the above-listed Property. Sworn to under the pains and day of Penalties of perjury this . 19,. � TOWN OF BARNSTABLE ( i gnat r e) BUILDING DEPT. (Please Pr nt Name) MAR 19 1993' E C E I COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, s s: AF'F'IDAVIT being on oath, depose and state as follows : I. ) I reside at � 3 6LG ; 't�/op�/ L'A 2 ..) `I am the owner of the property located at shown on Barnstable Assessors , Maps as : Map 161 Lo j� z 3 . ) On G " 19 70, the Zoning Board of Appeals, on Appeal No . -37 granted me a special permit to maintain a family apartment at the above address. ` 4 . ) I understand that the family apartment may only be occupied by .members of my family who are persons related to me by blood or by marriage . 5 . ) The following members of my family will be the sole occupant; of the family apartment at the above address: (1) Name: c, L�, �J Relationship to Owner: lk z__�7-1-Z (2) Name: :7-z� j✓ � Relationship to Owner: 6 . ) The family apartment will be the primary year- round residence for the above-identified family members. 7 . ) In the event that the above-listed relative(s) vacate said apartment. , I will immediately notify the Building Commissioner in writing. 8 • ) I understand that no subletting or subleasing of said family apartment is permitted. 9. ) I understand tt-,,;t. I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said family apartment . 10 . ) I understand that I am required to-.comply with all conditions imposed by the Board of Appeals in Appeal No. ` '9'% ' 3 agree to immediately notify the Building Commissioner in the event of the sale of the above-listed property. Sworn to and r the pains and penalties of day of o 19�y perjury this fT (Signature) 0 �� (Please Print Name) : TO W AP -: TOWN OF BARNS ABLE 41 I1 1 r ZONING BOARD OF APPEALS SPECIAL PERMIT DECISION' AND NOTICE APPLICATION: 1990-37 APPLICANT: THOMAS AND PATRICIA MARCELLO At a regularly scheduled hearing of the Barnstable Zoning Board of Appeals , held on June 21 , 1990 , notice of which was duly published in the Barnstable Patriot and notice of which was forwarded to all interested parties pursuant. to. Chapter. 40A of the General Laws of Massachusetts , the applicants , Thomas and Patricia Marce l l o,` applied to the- Board for a Special. Permit pursuant to Section 3- 1 . 1 (3) (D) , Family .. apartments .of the Zoning Bylaw. The applicant's property is located at 35 Bretwood Lane, Centerville, MA and is shown on Assessors' Map _168 as lot 120 . It is in a Residential C Zoning District. Mr . Marcello presented his application to the Board to construct a. 463 sq. ft. family apartment . in the basement of his existing 960 sq. ft. dwelling. The apartment will consist of a bedroom, kitchen/living room and bathroom. The proposed family apartment will be occupied. by ' Mr. Mai-cello's mother- in- law. The applicant stated that he has read and understands the regulations concerning family . apartments as set forth in the Zoning Bylaw. The applicant stated that he is in compliance . with these regulations . The Board reviewed the submitted Plan'. The board questioned whether the existing shed is incompliance with the setback requirements . The applicant answered that he, can certify the Plan if necessary and he will ' certify the that the shed complies with the setback requirements FINDINGS OF FACT:, Based upon the information provided,. the Zoning Board of Appeals made the following findings of fact I . Based on the application before the Board, the applicant complies with Section 3- 1 . 1 (3 ) (D) of the Zoning Bylaw; and 01 r 2 . The grant of this Special Permit would not be in derogation of the spirit and intent of the Zoning Bylaw nor would it be a detriment to the neighborhood affected. The vote on the findings of fact was- as follows : AYES: BOY , BURLINGAME, JANSSON, LALLY , NIGHTINGALE NAYES: NONE DECISION: Based upon the information provided and the findings of fact , at a meeting held June 21 , 1990 , by b motion duly made and seconded, the Zoning Board of Appeals voted to grant the Special Permit with the following conditions : .- . . I . The applicant shall comply with all provisions set forth in Section 3- 1 . 1 (3) (D) (a through q) of the Zoning Bylaw (see attached) ; t 2 . The family apartment shall- be constructed as per the''' Plan submitted to. •the- Board; 3 . The applicant shall certify the setbacks of the shed and the two-car garage; and 4. The applicant shall comply with all Board ,of Health regulations . y The vote was as follows : AYES: BOY, BURLINGAME, ' JANSSONp, LALLY, NIGHTINGALE NAYES: NONE Any person aggrieved by this decision may appeal to the Barnstable . Superior Court, as described in Section 17 of Chapter 40A of the General Laws of the Co=ouwealth of Massachusetts by bringing:.an action within twenty days after the decision has been filed in, the office of the Town Clerk. Chairman I, Clerk of the Town 1of Barnstable, Barnstab e County, Mas actiusetts, hereby certify that twenty. (20) days, have elapsed since the Board of Appeals rendered its decision in the . above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. �f Yl� ` Signed and Sealed this .x nl�C day. of- i' 19 under the pains and penalties of perjury. Distribution: Property Owner � Tou 'Clerk (/ Town Clerk Applicant Persons Interested Building Inspector # Public Information Board of :Appeals r -4 ' TOWN OF BARNSTABLE 20040 PermitNo. -------------------------------- Building Inspector cash pus - -- — ,639 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 Thomas Harcello Address 22 Rosedale Rd. , West Hartford,'! a-nt. 417 35 Brnt t-mod Lane. tomterville Wiring Inspector Inspection date ` Plumbing Inspector t, N+, Inspection date Gas Inspector Inspection date Engineering Department f Q� d� f 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 f..... ,. ....., ........ ..Building Inspector ........................._ Assessor's map and lot number .. ..�.�..1fd ..r .::�..{� SEPTIC SYSTEM INSTALLEDMUST,gE G �Sewage• I°Permit number .......................................................... WITH ARTICLE COMPLIANCE =i� SAKI II STATE j TOWN OF -BARNWy E dktE TOWN y�%TH E TO y �� t ro c t t' t 13ASB9TeDL$" i BUI".LD� „ ING. INSPECTOR Q,MPY a�e� :* �a c1 1 s APPLICATION FORrF PERMIT TO .....G..4.. r: v. . : ...��:rG' ✓U%��:L:..p ��r-��!�'�i • 4�i is •••• TYPE OF CONSTRUCTION ............. � :�...�.'v ��......... 1 i .................. .... TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: `Location ......G. .% t'�� fC �FTw.,Q.....`! :..... 1. X�l tJCGLI�'../ :.................... . ProposedUse ......... �.......................... ........................... ................................................................. Zoning District .......................e14...G...................................Fire District .... ?V..T ��i�/GLj{" N1 Address Z Z �c3SLf 44:� �,� GNf /� d . Name of Owner .... ...ei ... -t?........... ............. .......... �..Name of Builder ......Address .............................................. ...:............................. y Name of Architect ........... v `.......... :.....................................Address .....................................................................:.............. Number of Rooms ........ ..................................................Foundation ........ .0.t— . .:, .F�� ........................ Exterior ...... ' ?. ?. .........................................................Roofing ............ .P 4. ......................................... Floors p d d, n ......................... ........P .t ?' � ....�rP� ,am.................Interior ........17......p /.`. �Y LG!�"Cr Cr ._ Heating '�.P? 4..�f co�. ..Y.94:: :. ..Plumbing .........G�.. ..6'.. ,.w,.................................... ST Fireplace ...................../',./ ...............................................Approximate Cost ...................... ............................................ -----19--------. Area Definitive Plan Approved by Planning Board -----------_------______ ....... .. ./..`....� , Diagram of Lot and Building with Dimensions Fee ............................... SUBJECT TO APPROVAL OF BOARD OF HEALTH l ' - 16D L ; I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ... .� ..... ................ l.l.l.:............................. � Marcello, Thomas Y r . , . . . ` . . | c — Location --��.����t�����.]����.------... / ' ----.--. ���t��Y1Ile__________... Owner ........ X�q.§ m............ ............ . . . Type:of Construction .............fx.ame.—_---.. ` . � ---.-----.----.-------~--.--. #l7 Plot Lot ---------. - ................................ � , ^ ' ^ Permit Granted ..........K&TPh.14............lV 78 ` Dote of Inspection ....................................l9 Dote Completed . .. lg ` PERMIT REFUSED . . .----_--.--...—..-----.. 19 ' . -..-.---......................... ' . ' - ' .. . . `—_—.--...�------.---4—.—.---... . '^^`^'r—^^''^�----^—'—^--�—^^^~--'—''' ' ` - ----------'—'—'^'^'^^—^^^—^'^~^~~''- . � ' .~ Approved ---------------- lV . . . � --------.------....------.-- [ -------------------.—...--..—. | ��� . lssessdr's map and lot number ... ...1... ...... ?_.........:`�C.J Sevfge• Permit number TOWN OF BARNSTABLE Z HAHBSTADLE, i "6 o w BUILDING INSPECTOR � ar°'' APPLICATION FOR` PERMIT TO ..... ! .: �� � � / fI �u2 i ..................................................................................... , ` TYPE OF CONSTRUCTION ................................................................y........ .......................................................... .... ................19 7c TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: 2. Lo atio .............................. f`� Twc �' �.....t� I�XJ /C t, l�r... ':..................... ...............:........... ......................... Proposed Use � Zoning District ...................................Fire District �� � ................................... .......................................•� U1,21T bA2,1-7*st1' Name of Owner x....9444-i'0- .................Address .......15?=!) )AJ- ...... Nameof Builder ....................................................................Address .................................................................................... Nameof Architect ........... !...,......:.....................................Address .....................................................................:.............. Number of Rooms ........: ..................................................Foundation ........C-^' d EJC, 0�j .................................................................... Exterior ...... ...Roofing Floors ............................... ........................................Interior Heating ...... /'') ) �r' /l J.A - '. 2- Plumbing ........ "` YJ P� -Y9 . ....................,........ ............................................................... Fireplace .....................tbf;P...............................................Approximate Cost ............. ....... .............................................. --- - 19- -- Definitive Plan Approved by Planning Board ---------------__ -. Area ........ ll`...'"4..... 'Lf...Diagram of Lot and Building with Dimensions Fee 0 ...............:............................... SUBJECT TO APPROVAL OF BOARD OF HEALTH 17-/)(,Ll� C c I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. {� Name ':.................i.......... ..::.... .::.....✓............' ................ Marcello, Thomas A=168-120 20;,e+0 1 1/2 story No ...........:..... Permit for .................................... single family dwelling ............................................................................... 35 Bretwood Lane Location ................................................................ r Centerville ............ a ........ ........................... O Thomas `Marcello Owner ........................ F` ..................................... Type of Construction frame '................................................................................ #17 Plot ............................ Lot ................................ March 24 78 Permit Granted . ......................................19 r Date of Inspection .:..................................19 Date Completed ........:..............................19 0 + ERMIT REFUSED 4 ............................... ................................... ......................................... .............................. 1 Approved ................................................ 19 ............................................................................... 1 t. l S Cc. n e✓ S TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION- . Map l Parcel f Z L7 Permit# '�Q-- �(p c 4 Date lssue®2 Health Division 1UU Conservation Division t2 IM W(_ Application Fee Tax Collector Permit Fee;. L9 u Treasurer Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis u Project Street Address Village Owner 7la/nJJ�,�%�/G1� I'� lL�✓ 1�� Address Telephone Permit Request �� /Lg "�J � / D�G �.J Z51-WS/d Square(feet:.1st floor: existing /d �y proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation f 2-b'b Construction Type �✓ -P��tn 1 Lot Size UOtc/,��d Grandfathered: XYes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family O Multi-Family(#units) Age of Existing Structure Z Y Historic House: O Yes XNo On Old King's Highway: O Yes No Basement Type:- IV Full ❑Crawlc� ❑Walkout Ll Other Basement Finished Area(sq.ft.) / Basement Unfinished Area(sq.ft) Number of Baths: Full: existing Z 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 O Oil O Electric, ;0 Other Central Air: ❑Yes No ;Fireplaces:,Existing New Existing wood/coal stover Yes No rt . Detached garage existing 0 new size r Pool:0 existing ❑new size Barn:0 existing O new size i- Attached garage:Cl existing 0 new size _' Shed:4existing ❑new size Other: Zoning Board of Appeals Authorization ❑. Appeal# Recorded 0- Commercial 0 Yes No If yes,site plan review#. g w Current Use Proposed Use` - # t BUILDER INFORMATION Name, e*111111 AV-sr . - Telephone Number � F y .."- AddressYl-�f% r'�-- 'N Home Improvement Contractor# Worker's Compensation#ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO i 7�Jp FdL- d SIGNATURE DATE FOR OFFICIAL USE ONLY A � } r 3 PERMIT NO. DATE ISSUED w • l MAP/PARCEL NO. ADDRESS VILLAGE OWNER x . DATE OF INSPECTION: FOUNDATION44 FRAME Q i INSULATION 4 FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. w f The Commonwealth of Massachusetts Department of Industrial Accidents i 600 Washington Street :i Boston,Mass. 02111 Workers'Cum ensation Insurance Affidavit-General Businesses ////%�//////Oil TZ name: address city C� � i�����' state: Zip: jh,,e# `412—,l wok a loocation I am a sole proprietor and have no one Business Type: ❑Retail❑Restaurant/Bar/Eating Establishment working in any capacity. ❑Office❑ Sales(including Real Estate,Autos etc.) ❑I am an em lo er with em ]oyees(full& art time). ❑Other /%%/O%%%/////%%%%/%�i, ��i. �l/% %%%%/%%%%%%%/ �/O%�%%/%/%%%%%/%///%%//// I am an employer providing workers' compensation for my employees worldng on this job. company name: address: ..:. city: phone#r . . Insurance.cb:-' #.' ., ;.. ❑ I am a sole proprietor and have hired the independent contractors listed below who have the following workers' compensation polices: company name: address:.:: . city:. Phone# insurance co. comoenV nanYee address city: iii'suTeaee co.- o7icv#_ Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that g copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. I do hereby certify undere a pains and penalties of perjury that the info infown ation provided above is true and�correct. Signature Date Print name d f�s • Pi�� 4z Phone# 0- zo' official use only do not write in this area to be completed by city or town official city or town: permittlicense# ❑Building Department ❑check if immediate response is required ❑Licensing Board p q ❑Selectmen's Office i []Health Department contact person: phone#; , ❑Other (wed SepL 2003) L , Information and Instructions Massachusetts General'Laws chapter 152 section 25 requires all employers to provide workers' compensation for their " employees. As quoted from the"law", 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 section 25 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,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 in the workers' compensation affidavit completely,by checking the box that applies to your situation Please supply company name,address and phone numbers along with a certificate of insurance as all affidavits 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 perinit 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. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will Ue used as a reference number. The affidavits.may be returned to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number. The Commonwealth Of Massachusetts Department of Industrial Accidents Omce of Ielreti "Ons 600 Washington Street Boston,Ma. 02111 fax#: (617)727-7749 phone#: (617) 7274900 ext.406 oFTMEr Town of Barnstable Regulatory Servides ' �anxrtTAB t.E$ Thomas F. Geiler,Director Building Division rFD MA't Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 • Fax: 508-?90-6230 Permit no. Date AFFIDAVIT HOME WROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, -improvement,removal,demolition, or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work; SC Estimated Cost r�� Address of Work: a Owner's Name: �/�� Date of Application: I hereby certify that: +- Registration is not required for the following reason(s): []Work excluded by law []Job Under$1,000 . []Building not owner-occupied ]Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMTROVEMENT WORK Do NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. OR E Date Owner's Name oFtME T Town of Barnstable Regulatory Services , Thomas F.Geiler,Director BAMSPABLE 16 9. .•� Building Division rED MA't A Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION n Please Print DATE: JOB LOCATION: � � !'!/ Q U� ¢� 6-7iJT "(�L1i/1-� 1s� number T street village name home phone# work phone# CURRENT MAILING ADDRESS: .5 city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is, or is intended to be, a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department - minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of HometVner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. . HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as,Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt 3710 - -- 2 Zz it E X/Woov STrOCe4pE d• I �' 1 7c M : j M/P /Z, 8 N DEG�r i t .2 0 '+ Y, ,I z ,M 7 MORTGAGE INSPECTION SURVEY SCALE: I � ��0 I TAPED SURVEY (FOR BANK USE ONLY) TOWN: ��/liVSi�9. OWNER:l:;:4 /�-S•� . �°F%r.�/G t7, DEED REF.: ADDRESS: -- --';' 92Q9-1-WHO 1-A DATE: 29 ze /V 72/1 . --- ,��:%�� THOMAS J.MARCELLO,P.E. I hereby certify that the building shown on Registered Civil Engineer this plan is located on the ground as shown cL 9 1J..LLO ,`fr TEL.428-0228 � ii6:1: 1�' and does/ conform to the zoning 'L I ENGINEERING SERVICES law setback requirement of /Ani'"/� `„ ,"2; OF CAPE COD %�j jtJo✓ ����/CI�/.%T�7C3�� 4�� ;�� •COMMERCIAL&RESIDENTIAL SITE PLANS (,' _ • PROPERTY SURVEYS and does not lie within the special flood i�PJAL F .SEPTIC SYSTEM DESIGNS • hazard area as shown on HUD flood map SUBDIVISION LAYOUTS r '�"�d a,( dated / �"I 7 1 �f/0- 35 BRETWOOD LA. • CENTERVILLE,MA.02632 T t , _ c se c- � � r Ta _ 11 1 Ve L xis? /x gT,,k uL j V - I o To L f � D � � -114 f Thomas J. Marcel!® i ' 35 Br®tw®od La. Centerville, #XI7 V z x S ::� �► r sCF�CrA/d. z-zx�y _ z -zx� Z -kzx8 { s44 cl�� a N6 vs -- �:xIST• ' f rws 7- .. - S7Ai12s l y I yy v � t i r 4io �xr r-L%i�d 47 Zk� -777-7 Thomas J. Mar !® 35 Bretwood La. Centerville; MA 02632 _ c t I s } ICA, ti ;7* 1.C-P )0)2 6?asG f 144 Cat. (o 2A�ti.v�, ` c�tisT RAs�i��� \\ v��w. �oV C�k u e zx¢ 1 } �xi,3T (I x<o axis>1 AL) �i F. 77- Al Thoffas J. MarcdO Centerville, MA O s 8 �7_R-oZ25 3 t-oG v.5 . 3 1 10 All- .c � �: ��i 1 !TU ✓CALF : /'�= 40 yo els L D T # /7 I.?2, L/qNF _04 Tke 1`