Loading...
HomeMy WebLinkAbout0094 MONOMOY CIRCLE 'v Al- lq o NO. 152 1/3 RGR 1 0% / O u u u u i ar Town of Barnstable.30 � � *Permit � '� Expires 6 mo fra ue i il; yl' i s n Regulatory Services Fee BARNSTAI" 2-31013 MASS, Thomas F.Geiler,Director A 059. OF BARNSTAg Building Division Ldm Perry,CBO, BuildingCommissioner , 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us 0ffice: 508-862-4038 Fax: 508-790-6230 E RESSNERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number Property Address q� /"1 6Jk. %j of rclt, Cin}rr Ve 1 114A (3902 Residential Value of Work --Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address n i1ie rl, Uo f+ Or f) M qy lh, &t-t& 14 0 63 Contractor's Name Telephone Number Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one: ❑ I am a sole proprietor I am the Homeowner ❑ I have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy# Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) Q� I Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to ,U ra Y1 din yo54 15�rvli e. ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) Re-side #of doors Replacement Windows/doors/sliders.U-Value 6 5-5 (maximum.35)#of windows —7— ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. Separate Electrical&Fire Permits required. *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License&Construction Supervisors License is + required.. - SIGNATURE: ! �� Q:IWPFILESWORNIMbuilding permit formslE}PRESS.doc Revised 053012 r . . ° The CommomseaIth of Massachusetts. Department of iirdus iarl Accidents Office afinvestigartions 600 Washington Street Boston,M4 02111 n'r w.mwmg&vldia V rI>e17' Compensation Insumuce?davit: Builders/Cnntractors/Electricians/Ph tubers Applic tut Information Please Print Legibly Name 46X-Mior �: kenneA M Anr 6,o Awe! AIMOMOV C1rJ1r_ an6ty4 Ile MA 0,263a City/StatelZip: Phone#: 50-F5 ZZ I Izz 0 Are you an employer?Check the appropriate boa.: Type of project(required):. l_❑ I am a employer with 4. ❑ I am a general ct:ntractcr and I employees{full and/or part-time).* have hired the sub-contwto s 6- ❑New deling cfion ?.El am a sole proprietor or partner- listed on the attached sheet_ y- ❑ del sbip and have no employees These sub-contratrtors have S. ❑Demolition g �capacity- 1 and have workers' I ►r forme in ezep 4. Buildin addition No c+rorkers' comp.irtsa�s-�uce C°mP .2 ❑ed. 5. ❑ We are.a corporation.andits 10.❑ Electrical repairs or additions 3_'�]C,I am as homeowner doing all work officers have exercised their 11-0 Plumbing repairs or addi#.icm myself [No workers'camp. right of exemption per h+fGL 12.[1 Roof repairs insurance required.]' c. 132, §1(4),.and we have no employees.[No workers' 13.❑'Other comp.msuranmrequire,d.] •Any apphcaut that checks box#1 mart also fill out the section below shoring their workers'compensa4en pali�cy information_ Y Homernwners wbo submit this affidavit imdicatmg they are doiag all war and then bite outside contractors. .sobizur a new affidavit indicatiog sack. =Can¢actors that check this boa must attached an additional sheet showing the amme of the sub-connact<srs and stare whether or not those entities have employees.. Ifthe subtoatractors.have employees,they must-provide their taorkers'comp.policy number. I am an employer that is providYing workers'compertnWan insurance for my entpioyem Below is t:he pv&y and job s&r in brmatrsrr. Insurance Company Name: Policy 9 or.Self-ins-Lie.#: Expiration Da#e: Job Site Address: CityrStatelZip- Attach a copy of the workers'compensation policy,declaration page(showing the policy number and expiration date). Failure to secure coveragee as required under Section.2iA of MGL c.. 15-2 can lead to the imposition of criminal penalties of a fine up to$1,500-00 and/or one-year imlrssonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a clay against the violator. Be advised that a copy of this statenent may be forwarded to the Office of Investigations of the.DIA for insurance cmerage verification. I do here y cgili y under tha pains armpenaldes ofpevywy dud the info numlion prmlided ah4nv is true and correct Iture- —/,-- Date: �/c��/Q Pbbne 7-ZI Z Z4 ©,fciat ruse only. Des not wrke in this a9my to be completed by city or temi nfciat City or Town: PermitfL.icense Issuing Authority(circle one): 1..Board of Health 3.Budding Department 3.Clty1rown Clerk 4.Electrical Inspector S..Pluumbing Inspector 6.Other Contact Person: phone#- 6 oFtVT Town of Barnstable Regulatory Services ♦ a &4Jiv9r"LF, " Thomas F.Geiler, Director 039. Building Division Tom Perry,Building Commissioner. 200 Main Street, Hyannis,MA 02601 www.t6wn.barnstable.ma.us Office:. 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: 5/21 13 , JOB LOCATION: `''1"1 �A may�t4V1(A-)6)4 04(rjl edrdl[le- number M1 street village t� ,.HOMEOWNER": b�nw~'-�l�'Lr � "''rL 5oF �ZI ZZ43 name home phone# work phone# CURRENT MAILING ADDRESS: qq Mon42mcuIrCIC — C'rn}w�d;l MA 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 Homeowner 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:\WPFILES\FORMS\6uilding:\WPFILES\FORMS\buildin permit forms\EXPRESS.doC Revised 070110 :1 r + BARNSTABLE, MASS. ,��' Town of Barnstable ArED�y s Regulatory Services Thomas F. Geiler, Director Building Division Thomas Perry,CBO Building Commissioner 200 Main Street, Hyannis,MA 0260.1 www.town.ba rnsta ble.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize - to act on my behalf, in all matters relative to work authorized by this building permit application for: (Address of Job) Signature of Owner Date i i Print Name If Property Owner is applying for permit,please complete the Homeowners License Exemption Form on,the reverse side. QAWPFILEST0RMS\bui1ding permit forms\EXPRESS.doc Revised 070110 �s �S A �s 421 (YU/I Z s_. y a-- s-� s.� s=- s- s - r �IHE t Town of Barnstable Regulatory Services * ; * BARNSPABLE. 9 MASS Thomas F.Geiler,Director 039. +ADO Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 January 31, 2013 Kevin R Paquette - 251 Gray Lane , Hanson, Ma. 02341 RE: 94 Monomoy Circle, Centerville,Ma ' Map: 190 Parcel: 194 . Dear Mr. Paquette: This letter is to follow-up on an application submitted to do work'at the above referenced address. Unfortunately, the application can not be approved at this time because of the . Y PP PP following: 1) Conducting a residential contracting business in any name other than the one in which the home improvement contractor is registered is a violation of 780 CMR 110.R6 and MGL. - Applicants must comply with all applicable°laws and regulations before a permit will be issued. Respectfully, Weluzonctor jei ffrey.lauzongtown.barnstable.ma.us u (508) 862-4034 Q:zoning5 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Mapes Parcel I,> ApplicationC /-7. 6 Health Division Date Issued Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH Preservation / Hyannis Project Street Address Village C HotMrcWAe_P do �Owner s,9Kz ?e6e 1.'If� A tV�Al 14-�Addless ' Telephone Permit Request 51 F I L ,N �� Cr e ►�+I T IZ 11 S-r•A i V-S -t t5 C<>D Square feet: 1 st floor: existing proposed 2nd floor: isting proposed Total new Zoning District I d Plain Gro dwater Overlay Project Valuation t (Soa nstruction Type Lot Size Gra thered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two amily ❑ Multi-Fam�.? units) Age of Existing Structure istoric Houser ❑Yes CH n g go O Old King s Highway: ❑Yes C�d'No Basement Type: ®'Full ❑ Crawl alkout w/other B.,L(L 0 r--A 0 Basement Finished Area(sq.ft.) i1 aZ Basement Unfinished Area (sq.ft) Number of Baths: Full: existing 3 new Half: existing new Number gf Bedrooms: 4 existing 0 new Total Room Count (not including baths): existing new First Floor Room Count 1 Heat Type and Fuel: M/Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes No Fireplaces: Existing I New Existing wood/coal stove: ❑Yes ❑ No Detached garage: �e isting ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: (H existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Z -Z__7 Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ f °=" Commercial ❑Yes 2 No If yes, site plan review# 4VI Current Use Proposed Use APPLICANT INFORMATION ? (BUILDER OR HOMEOWNER) ' F Name 0 3:'44ulETTk_ Telephone Number SDI-7 71 Address z51 &EA�l L.At),j1-R_-_ License # GS 31 G I'L JA4 Home Improvement Contractor# ®7`1 Worker's Compensation 2,ZI7� ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE V DATE 1 FOR OFFICIAL USE ONLY APPLICATION# h. ` DATE ISSUED MAP/PARCEL NO. ' ADDRESS y VILLAGE OWNER . I DATE OF INSPECTION: FOUNDATION FRAME ' INSULATION . -moo FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH a FINAL GAS: ROUGH FINAL v FINAL BUILDING t i DATE CLOSED OUT ; ASSOCIATION PLAN NO. --- F I-'- _ s � y i Oil r!^Mk'..�`� ''^�'!'... ��.F `r {{!*M'Mi°^I+"-... ..n„rw,y wnlF�.. •r - +fqr.-..6r�. MAWR t I qA P 0 ! ti� ri h rp 3 Y tnG!)Y4M!! 1'` � � t' �� � x�• � f�x e ; _- r , r r r � .; _.:.,,y'#. a �',, ! � #�Tc F 9.. / � t } z, S dr tam r�*r a t r - :. `.�. •�f,..._ ^+.�� ,j tea` g c t , `O Ca 0 Q � L� Q cr r ti owl ir Y14tk a Y r• ,f r i `r -. ��' „-- ,�► is t y�.''�' -t�' dPP A IL AW WHOM . �.,. ..,,,,,,., .—.....-. .x✓+'tti4'Y'+"ii"i' TLiisa.Y+'oi►aM«�K+F.r+vrt� .�' � .{z •-`Y.�u^�ar:d.F.+l!i.�;,a,,' 'ck[% �^ ;,4.#a ,ai .., �,�, >r y 'Y4`: ^4r"?' t,4m*; w� �' ;.#'"; "`t ."q?F .+ t.b +<.t t*•-: Town: of'Barnstable °Ft"E Regulatory Services `Thomas.F.'Geler,Director BARNSPABLE. `MASS. Building"Division' ''rFnMa�" Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA,02601 ,www.t0wn:barnstWe ma.us Office: 508-862-4038 Fax: 508-790-6230 EXIT ORDER DATE: . 6- LOCATION:' �1 t UNDER THE PROVISIONS OF..780.CMR,,THE STATE BUILDING CODE, SECTION 3400.5.1,YOU ARE HEREBY ORDERED TO IMMEDIATELY :: DISCONTINUE THE USE OF THE CELLAR/BASEMENT AREA FOR SLEEPING PURPOSES. L CI NCPECTOR hltd SIGNATURE"OF RECIPIENT ODEM DE SAIDA DATA: LOCALIDADE: DE ACORDO COM O PROVISORIO 780 CMR, CODIGO DE CONSTRUCAO DO ESTADO, PARAGRAFO 3400.5.1, VOCE ESTA ORDENADO DE DEIXAR.DE USAR, IMEDIATAMENTE, A AREA DO PORAO/BASEMENT PARA 0 PROPOSITO DE DORMIR. INSPETOR LOCAL ASSINATURA DO RECIPIENTS c'I f Parcel Detail Page 1 of 3 mod+ AV r _ � � f r �y f Logged in As: Parcel Detail Thursday,June 30 2011 ' Debi Barrows Parcel Lookup Parcel Info Parcel ID 190-194 I DevelopeeY Location 194 MONOMOY CIRCLE I Pri Frontage Sec Road��"��' Sec 1- mm I Frontage Village ICENTERVILLE I Fire District[C-O-MM I Sewer Acct F— Road Index F1037 �) Asbuilt Septic Scan: Interactive 190194_1 Map ;11{ �+ Owner Info Owner IFARIAS, MARIA I Co-Owner!_ streets 94 MONOMOY CIR �I Street2 City ICENTERVILLE I State JrLA j Zip 102632 Country 1 L Land Info Acres 0.35 use Single Fam MDL-01 I Zoning RC Nghbd 0105 ^ j Topography FLevel Road ffPaved Utilities(Pub Water,Gas,Septic Location Construction Info Building 1 of 1 Year 11974 T _I Roof Gable/Hip I Ext Vinyl Siding Built- Struct Wall Living 11230 I Roof Asph/F GIs/Cmp I AC None Area Cover TypeInt Bed rI style Ranch ( wau Dyw rall I Rooms KBedrooms ( Model Residential Int Bath 2 Full" �� I Floor Rooms Heat Total - �' Grade Average I Hot Water F11 Rooms —) z Type Rooms u ' � P Heat I� Found- stories 1 Story �I Fuel I"as I ation(Poured Conc. I iP4� Gross Area�2982I Permit History Issue Date Purpose Permit# Amount Insp Date Comments http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=13272 6/30/2011 Parcel Detail Page 2 of 3 • Visit History Date Who Purpose 03/31/2011 00:00:00 Robin Benjamin Cycl Insp Completed-Update 01/14/2009 00:00:00 Paul Talbot Cyclical Inspection 08/30/2002 00:00:00 Paul Talbot Meas/Listed-Interior Access 01/10/2000 00:00:00 Paul Talbot Meas/Listed-Interior Access 11/15/1989 00:00:00 IML - Sales History Line Sale Date Owner Book/Page Sale Price 1 06/06/2003 FARIAS, MARIA 17047/190 $1 2 05/23/2003 SKALSKY, FRANCISCA LAURA& 16970/259 $1 3 02/20/2003 SKALSKY, FRANCISCA LAURA 16422/222 $1 4 11/19/2002 FARIAS, MARIA 15936/056 $330,000 5 06/14/1999 SKALSKY, FRANCISCA L 12335/217 $1 6 09/23/1997 FARIAS, FRANCISCO J &SKALSKY, F 10966/231 $123,000 7 06/15/1982 MORAN,WALTER L 3509/132 $0 - Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parcel Value 1 2011 $127,400 $14,300 $1,600 $105,400 $248,700 2 2010 $127,300 $14,300 $1,700 $105,400 $248,700 3 2009 $122,400 $20,900 $800 $142,100 $286,200 4 2008 $145,900 $20,900 $800 $148,100 $315,700 6 2007 $145,100 $20,900 $800 $148,100 $314,900 7 2006 $132,600 $20,900 $800 $149,800 $304,100 8 2005 $123,800 $20,700 $800 $135,700 $281,000 9 2004 $100,600 $20,700 $800 $115,400 $237,500 10 2003 $91,100 $5,200 $900 $44,900 $142,100 11 2002 $91,100 $5,200 $900 $44,900 $142,100 12 2001 $91,100 $5,200 $900 $44,900 $142,100 13 2000 $66,700 $2,300 $0 $30,600 $99,600 14 1999 $66,700 $2,300 $0 $30,600 $99,600 15 1998 $66,700 $2,300 $0 $30,600 $99,600 16 1997 $71,700 $0 $0 $27,200 $98,900 17 1996 $71,700 $0 $0 $27,200 $98,900 18 1995 $71,700 $0 $0 $27,200 $98,900 19 1994 $68,700 $0 $0 $30,600 $99,300 20 1993 $68,700 $0 $0 $30,600 $99,300 21 1992 $78,300 $0 $0 $34,000 $112,300 22 1991 $81,100 $0 $0 $54,300 $135,400 23 1990 $81,100 $0 $0 $54,300 $135,400 24 1989 $81,100 $0 $0 $54,300 $135,400 25 1988 $59,800 $0 $0 $19,200 $79,000 26 1987 $59,800 $0 $0 $19,200 $79,000 27 1 1986 1 $59,800 1 $0 $0 $19,200 $79,000 • Photos http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=13272 6/30/2011 f f Parcel Detail Page 3 of 3 to � _ r „2 k http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=13272 6/30/2011 r Bk 25649 Ps338 *43218 08-30-2011 01 12228P MASSACHUSETTS FORECLOSURE DEED BY CORPORATION a Trust Company, as Trustee for HSI Asset Securitization Corporation Trust 60 Deutsche Bank National Tru p y, rp 2006-OPT2,Mortgage Pass-Through Certificates,Series 2006-OPT2,a corporation duly established under the laws of the United States and having its usual place of business at 4875 Belfort Rd,St 130,Jacksonville,FL � 32256,current holder of a mortgage by assignment from Maria D Farias a/k/a Maria Farias to Option One Mortgage Corporation,dated July 28,2005,and recorded with the Barnstable County Registry of Deeds at Book 20118,Page 288,by the power conferred by said mortgage and every other power,for One Hundred Ninety- Nine Thousand Two Hundred Dollars and 001100 ($199,200.00)paid, grants to Deutsche Bank National — �10 Trust Company,as Trustee for HSI Asset Securitization Corporation Trust 2006-OPT2,Mortgage Pass- o Through Certificates, Series 2006-OPT2, located at 4875 Belfort Rd, St 130, Jacksonville, FL 32250, the d premises conveyed by said mortgage subject to all outstanding tax titles, municipal, or other public taxes, assessments or liens,if any.The transfer of the within named real estate does not constitute all or substantially all of the assets of the grantor in Massachusetts. WITNESS the execution and the corporate seal of said corporationthis day of 2011. Q t1ASSACNUSETTS STATE EXCISE TAX U BARNSTABLE COUNTY RE61STRY OF DEEDS Deutsche Bank National Trust Company,as y Date: 08-30-2011 a 12:28pm Ctit: 806 Doe': 4321E Trustee for HSI Asset Securitization Corporation Fee: $682.29 Cons: $1991200.00 Trust 2006-OPT2,Mortgage Pass-Through a BARNSTABLE COUNTY EXCISE TAX Certificates,Series 2006-OPT2 BARNSTABLE COUNTY REGISTRY OF DEEDS By its Attorney-in-Fact Date: 08-30-2011 a 12:28pm American Home Mortgage Servicing,Inc. Ctlr: 906 Dort: 4321E A Fee: $538.65 Cans: $199,200.00 U By; _ o Title: A 8pril Kin o Assistant S tary C State of Florida a County Duval,ss d On /�-uv d-I Y appeared' 1 before me, h .personal] a eared� �, bwho proved to me on the basis of satisfactory evidence to be the person(s)whose name.-,is/are sub ed to d the within instrument and subscribed and sworn to the above and acknowledged to me that he/she/they executed the same.in his/her/their authorized capacity(ies), and that by his/her/their signatures(s)on the instrument the person(s),or entity upon behalf of which the person(s)acted,executed the instrument. c+. 1 certify under PENALTY OF PERJURY under the laws of the State of Florida,that the foregoing paragraph is p" true and correct. TAMMY M.HANSEN MY C0M!A1W0N f 0D 82 V2 W i ass my hand and official seal �, r EXPIRES: t2,2 bta Pf,`.h`' Sanded TW Notary PuNk Undenxilers Notary Public Notary Public CHAPTER 183 SEC.6 AS AMENDED BY CHAPTER 497 OF 1969 Every deed presented for record shall contain or have endorsed upon it the full name,residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the consideration therefor,if not delivered for a specific monetary sum.The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed.Failure to comply with this section shall not affect the validity of any deed.No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section. C96.0898-F/Farias 7X- -'�Re L\(n *290229* Bk 25649 Pg 339 #43218 AFFIDAVIT I, 'Fenton Ramsey Vice President of American Home Mortgage Servicing,Inc.as Attomey-in-fact for Deutsche Bank National Trust Company,as Trustee for HSI Asset Securitization Corporation Trust 2006-OPT2,Mortgage Pass-Through Certificates,Series 2006-OPT2,with an address of 4875 Belfort Rd,St 130,Jacksonville,FL 32256,make under oath and say that the principal and interest obligation mentioned in the mortgage referenced in the Foreclosure Deed recorded herewith were not paid or tendered or performed when due or prior to the sale,and that Deutsche Bank National Trust Company, as Trustee for HSI Asset Securitization Corporation Trust 2006-OPT2,Mortgage Pass-Through Certificates, Series 2006-OPT2,caused to be published on June 3, 2011,June 10,2011,and June 17,2011, in the Barnstable Patriot,a.newspaper published or by its title page purporting to be published in Hyannis,MA,and having a general circulation in Barnstable_ (Centerville),MA a notice of which the following is a true copy,(See attached Exhibit A). I also complied with all aspects of Chapter 244, Section 14 of the Massachusetts General Laws, as amended,and the exercise-of the power of sale in said statute and mortgage. The required statutory notices were mailed by certified mail,at least fourteen(14)days prior to the sale date. Pursuant to said notice at the time and place therein appointed, the sale was postponed by public ° proclamation to July 12,2011,at 12:OOPM,upon the mortgaged premises,Deutsche Bank National Trust Company, as Trustee for HSI Asset Securitization Corporation Trust 2006-OPT2, Mortgage Pass-Through Certificates, Series 2006-OPT2, sold the mortgaged premises at public auction by Dan Wiener, a duly licensed auctioneer, of Liberty Auctions to Deutsche Bank National_ Trust Company, as Trustee for HSI Asset Securitization Corporation Trust 2006-OPT2, Mortgage Pass-Through Certificates, Series 2006-OPT2 located at 4875 Belfort -Rd, St 130, Jacksonville, FL 32256, for One Hundred Ninety-Nine Thousand Two Hundred Dollars and 00/100 ($199,200.00) bid by Deutsche Bank National Trust Company,as Trustee for HSI Asset Securitization Corporation Trust 2006-OPT2,Mortgage Pass-Through Certificates,Series 2006- OPT2,being the highest bid made therefor at said auction. Deutsche Bank National Trust Company,as Trustee for HSI Asset Securitization Corporation Trust 2006-OPT2,Mortgage Pass-Through Certificates,Series 2006-OPT2 'By its A -in-F an Hom o gage Servicin Inc. By: a ton Ramsey V e Prest State of Florida County Duval,ss / On AUG 3 2011 before m�, �1� Fenton Ramsey personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and subscribed and sworn to the above and acknowledged to. me that he/she/they executed the same in his/her/their authorizedcapacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY.under"the laws of the State of Florida; that the foregoing paragraph is true and correct. ;g TAMMYM.KwEN W ess my hand ap official seal ' MyCaMMISWNxoneasorz EXPIRES Jaiwaaryry 14 2014 sanded7T-NQ PvWUnd&,a. Notary Pub c Notary Public Seal C%.0898-F/Farias Bk 25649 Pg 340 #43218 EXHIBIT "A" NOTICE OF MORTOACFPS SALE OF REAL ESTATE .. . By vkWe and in exeadm d the Poorer of Sale contained In a caahn nnoAgage given by Mala 0 Fables aMa Made Fades to Option One Morgapa CorpaatlM dated Judy 28,2005 and recorded wth the Barnstable County Registry of Deeds n Book 201/B,Pap 288 of—mmIgage Deublche Sv*National Tn st - Company.as Trustee for HSI Asset Seaailization Corporation Tnort 200S-OPT2,Mortgage Pass-Through Ca08cates,Series - 200fi•OPT2 is the presenthclder,by asdgnment,for breach dthe conditions d said nadgage and forthe purpose offoredosing,the - samaxgtlbesddatPubficAucOonat1200PMon,1=24,2011,on the mortgaged premises braced at 94 Monotroy Circle,Barnstable (Cw torvllb�MA 0287k al and singular the prmWsss described.In said mortgage,TO WIT:The lad with any building dween,in Barnstable(Centerville),Barnstable County,Commonwealth of . .Massachusetts,bounded and described as follows Being Lot 36 as slop on a plan aNOed"Centerv0le Highlands Section vll, Sub&'Wm Plan of Lad In CemavSle-Barnstable,Mass.torAlan E.Sma0.Inc.Sale 1'•60',date Feb.92,1973,Chafes N.Savery, - Inc.Registered Enginem,Surveyors Hyannis,Mass.which plan Is duly Reooded With Barnstable County Reghuy of Deeds In. - - - Pan Book 27Z Page 5B.Them Is also Corweyed the fee to the amt r One in the roads)abuili g said premises.For.morlgagor's title we dead recorded with the Ba sable County Registry of Deeds%1 Book 17047,Page 190.These premises will be sold and conveyed subject to and with the benefdof all fights,rights ofway, restrictions,easements,right of ways,cove ants,liens or claims In the nabae d6ers.trnprovensnts,pubic aueasmena,any and. - - e9 unpaid taxes.tax tilles,tax ne s,water and sewer gem and any - other muaddpal.assessmena or lies or existing encumbrances of record which are In form and are applicable Wing pdorky over said mortgage,whether or not refematce W ash Fest icOore;. easements,Improvemeaa,gers fir encumbrances bmadamthe- dn ed TERMSOF SALE:AdepasBdTEN T}Kri1SAND DOl1ARS ($ 10,OOD.00)by codified or bank daft vAl he requitd tp be pa d by the puacheser at the1ime end Wace'd sale.The tatarce a W be paid by oartified or bards duedt at ABUTT l SCOFIELD,304 Cambridge Road,Woburn,Mewchuseds 01801,other terms and e conditions will be provided at the plow of sale.The dawdpdon of the premises contained in said mortgage shag control in the event of an error In We publican.OTHER TERMS,iF ANN;TO BE - - ANNOUNCED AT THE SALE:Present holler of said mortgage. Deu6rhe aenh Hatlonot Trust Con W.asTiusae for HSI Asset - Securit ation Corporation Trust W.OlPT'L L"age Pmr %m gh Wifiaas.Series Mffi4OM By dsAOounys,ABLI T - (SCOFIELD304CandridgeRoadWobuerLMa%aldesgga0jSM . Teleplrara 7814*8995 Fa[7812468BBI 6-16=191=1 . W17QO11 C86.089&F The Barnstable,Paid June 3,June 10 and June 17,2t111 Bk 25649 Pg 341 #43218 ` ABOVE FOR REGISTRY OF DEEDS.USE ONLY COVER SHEET, THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REMOVE Deutsche Bank National Trust Deutsche Bank National Trust Company, as Trustee Company, as Trustee GRANTOR GRANTEE 94 Monomoy Circle .Barnstable (Centerville ± ADDRESS OF PROPERTY CITY/TOWN TYPE OF DOCUMENT MLC ASSIGNMENT TYPE X DEED 6D MORTGAGE NOTICE TYPE DISCHARGE SUBORDINATION AFFIDAVIT CERT TYPE DEC OF HOMESTEAD UCC TYPE DEC OF TRUST OTHER DESCRIBE BARNSTABLE REGISTRY OF DEEDS r �94 Monomov Circle • Found five vehicles parked in front and on lawn. • One vehicle also parked in rear yard. • Admitted to property by two tenants, a woman and adult daughter. • Three bedrooms on first floor were located. • Tenant was able to open 2 rooms. • Found basement apartment restored again. • The tenants that admitted us reside in the basement. • One bedroom has no egress or windows. • Evidence of a 5' cased opening was apparent. • It was obvious that the opening in the wall was closed again. 6 _ R BIRST INSPEC//TIONS DUNE 30,2011 Inspectors: James Parziale BOHy Je f Lauzon(Bldg). LT. John Cosmo H FD P ( �.�) ( g) ( Y ), Robin Anderson(ZEO) BPD: Officer Paul MacDonald Hyannis 79 Linden Street i i • Reported by Health Inspector Tim O'Connell • A tenant advised him there are 5 units here. • Common hallway door open. • Admitted by tenant in rear unit first floor. • Found unit to be a single bedroom with Kingman unit. • Bathroom entry had makeshift sink area. • Occupant complained about window falling in. • He was able to demonstrate this by removing a block of wood holding window in place. • Glass has failed. • Occupant had a cat and he paid an extra security fee for his pet. • The owner apparently has reserved the opposite unit for her own use. • The on site manager"Michael" resides in the other single room unit on first floor. • The manager was not home during this inspection. • The second floor had two large units. • A woman with a housing voucher from Falmouth resides in one unit. • She was very nervous about being displaced and stated her sister was murdered a number of years ago and she moved from the city to escape the guilty party. He is now in prison after 18 months on the run. • The owner had three trash containers outside. • Disposal has been an issue in the recent past. • The on site manage is supposed to take of the dump runs. • A walk around the property revealed other windows with failed glass. • The owner lives off Cape. 27 Kitsy • Residents are squatters. • The bank foreclosed on property. • Some occupants have already relocated. • The remaining occupants are leaving next week. • This is a single family home. • Basement is primitive. • Individuals locked their rooms to secure their belongings but for the most part all appeared to share and rely on the one primary kitchen. • Trash issue in the rear yard. 1 �, I ^.1 1 r- e«-1 ` ' __ - *iv UNITED STATES., '1 -N.�. .. �. rs U. :� o k d .4•� ...: .... ••rr..rcn,�nm ,.dD' `-",.•� ..;ya.r _�:µ ice. • Sender: Please print your name, address, and ZIP+4 in this box • DOWN OF BpRNS7'ABtI BUILDING DIVISION I RA q L4 TVAC �- c t { { iiit,itt.ititllt►tl,it�irlltril, it�it�lliftir��'�.r:t#ittttiSt�l SENDER:�qMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. "Re"esived by(Print Name) C. Dat f iv ■ Attach this card to the back of the mailpiece, or on the front if space permits. 01 An D. Is delry address different from item 1? ❑ 1. Article Addressed to: ive If YES,enter delivery address below: ❑No 75 w 3. Service Type PP.ertifled Mail ❑Express Mail I ❑Registered AA&tum Receipt for Merchandise ❑ ❑Insured Mail C.O.D. 73 4. Restricted Delivery?(Exba Fee) ❑Yes I i 2. Article Number i 4 e+t! i + 1 f (ifansfer inim servlce?atie.t+t t 7t i 0 8 +3.2 3,q 1 10 0 0 2 517 8 c31,b0 4a i t } PS Form 3811,February 2004 Domestic Return Receipt 102ess02-M:l 7�ap�j h F .S.�ostal Service TM ERTIFIED MAILTM REC-EIomestic MaOn/y;No Insurance Coverage Provided) IF,o;deiivery,information,visit our website at www.usps:com8 _■ r3 y • fl• m � •c �r lam P,S_Form 3800,August 2006 See Reverse fo-Instructions Certified Mail Provides: c A mailing receipt It A unique identifier for your mailpiece a A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. o Certified Mail is not available for any class of international mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested'.To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery° o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office•for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000.9047 ' . NAME OF OFFENDER �1 7 �� �+ - Dnn DAD 70865 _ TOWN OF � ADDRESS OFOFFENIIDER�q . - . BARNSTABLE CITY,STATE,ZIP CODE f/ \ .I}-t rr.. l jtIlli, j/(! 1HE►pw / � MVIMB REGISTRATION NUMBER - RAR].TARLE. % OF ENSE�fn (/0 '��-{/�'�) I{ C.r i'�-i.i•"5--� �'�_ 5,� F"Fc..wCt.f TIME A b OA E OF'IOLATI LA ION OFVIOLATION W NO : CE OF �`-60(A.�/ P.M:).QN 20 a( SIGNATU E OF NFORCING PERSQN - ENF(RING OEPT., i t BADGE N0. -W VIV ATION _ � �ti(, l`ti'�... .._.�° '- '" � t v'`F co OF TOWN I H15REWACKNOWLEME RECEIPT OF CITATION X �` a' ORDINANCE © Unable to obtain,signature of o.fender.Date mailed THE NONCRIMINAL I@FO H FFENSE IS i W W OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. Lu REGULATION a (1)You may elect to pay the above fine,either by appearing In person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays exceppted, Iy before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, d Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS.OF THE DATE OF THIS NOTICE. UNSTABLE you desire to contest this matter in a noncriminal proceeding,yyou maayy do so by making written request to DISTRICT COURT DEPARTMENT FIRST It DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or N you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature t---. ---------- — ------ ---- dry{ { NAME OF OFFENDE _ . - 1 ---]BAR 70865 DIQ I! rn TOWN OF ADDRESS OF OFFEND ���� I U = IC ` BARNSTABLE CITY,STATE,ZIP CODE ��O `/O_ �� ` it - dFtHE r LLj i679• `eg OUj JOA J J t"e' TIME Alb ATE EFpl LATI }gCATION OF VIOLATION Z a NOTICE OF ( . P: N 2 `1 J VIOLATION SIGN TU OF NFORCMG S Eft/1 G PT. i BADGE NO. LU r 0 �) OF TOWN I HE KNOWLE RECEIPT OF CITATION X a , �f ORDINANCE Unable to obtain. ignature Of ojtender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS S ~ J r lDate mailed LL ' f W — OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL � DISPOSITION WITH NO RESULTING CRIMINAL RECORD. ILL! REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. CL (2 Uyou desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST NSTABLE DIVISION,COURT COMPOUND,MAIN STREET BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this �. citation for a hearing. i; 3 If you fair to a the above offense or to request a hearing within 21 days,or If you fail to ear for the hearing or to pay any fine determined at the ( ) Y pay q 9 Y Y appear 9 Y I; hearing to be due,criminal complaint may be issued against you. c i ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ _ I_ Signature VOID )4 jq� Anderson, Robin From: Parziale, Jim Sent: Friday, November 05, 2010 9:.13 AM To: Anderson, Robin Robin, H An overcrowding complaint at 94 Monomoy Circle, "Centerville, MA was called into the public health division on 8/23/2010 at 9:50am. I stopped at residence later that day to , investigate the complaint and was granted access into the home by the current tenants. The basement area was locked and the current tenants told me a girl is keeping her belongings down there and running a message business. They did not have a key. Since the rental property had not been registered and. inspected in 2010 I sent the owner a notice to register. Once registered the inspection was scheduled with the..a tenant for October 12th 2010. Upon arrival I requested to enter the basement. Again, I was told the same thing about it being locked, them not having a key and a message business being run out of said location. I explained I would need access to all areas of the house in order to conduct the rental inspection and left the residence after giving the tenant my card and telling him to call to schedule a time when access to the basement could -be granted. As of today, November 5, 2010, not contact has been made.- Sincerely, Jim Parziale Health Inspector Town of Barnstable 4 Barnstable Assessing Search Results Page 1' of 2 F HIM ._ . • ..- .A New Search New Interactive Maps» Owner: 2010 Assessed FARIAS,MARIA 94 MONOMOY CIRCLE 2010 Appraised Value 2010 Assessed Value Past Comparisons Map/Parcel/Parcel Extension Building Value: $127,300 $127,300 Year Total Assessed Value 190 /194/ Extra Features: $14,300 $14,300 2009-$286,200 Outbuildings: $1,700 $1,700 2008-$315,700 Mailing Address Land Value: $105,400 $105,400 2007-$314,900 FARIAS,MARIA 2006-$304,100 2010 Totals $248,700 $248,700 94 MONOMOY CIR Residential Exemptiorr Received-$92 000 CENTERVILLE,MA.02632 2010 REAL ESTATE Tax Information: - Tax Rates: et$1,000 of valuation) r,7777777 7 7 7 7 ; 7 7- 7 7 ' Community Preservation Act Tax $36.53 Fire District Rates Town Residential 4Barnstable FD"-All Classes,,$2.43,1 $7.77 ' C.O.M.M.-All Classes h$1.26 Town Commercial C.O.M.M.FD Tax(Residential) $313.36 'Cotuif FD-All Classes $1.56 $8:87 1 Hyannis.-Residential' - $1.82 Town Tax(Residential) $1,217.56 Hyannis-Commercial '$2.88 W W Barnstable-All Classes $2.28 S Community Preservation Act 3%of Town Tax .. t s Total: $1,567.45 ` Construction Details P x r ,, • " Building Property Sketch &ASBUILT;Cards. Building value $127,300 Interior Floors Hardwood Style Ranch Interior Walls Drywall Model Residential h Heat Fuel Gas Grade Average Heat Type Hot Water Stories 1 Story' AC Type None a Exterior Walls Vinyl Siding Bedrooms. 5 Bedrooms �h Roof Structure Gable/Hip Bathrooms 2 Full , Roof Cover Asph/F GIs/Cmp Living Area sq/ft 1,230 Y Replacement Cost $146,280 Year Built 1974 Depreciation 13 Total Rooms 11 Rooms Land Gross Area sq/ft 2,958 CODE 1010 (Acres) 0.35 Lot Size( As Built Cards: http://www.town.bamstable.ma.us/assessing/2010/displayparcelIOmap.asp.mappar-190194' 11/5/2010 f Barnstable Assessing Search Results Page 2 of 2 Appraised Value $105,400a View Interactive Maps » Assessed Value $105,400 } Sales History: �, ���> ,„ Owner: Sale Date Book/Page: Sale Price: FARIAS,MARIA Jun 6 2003 12:OOAM 17047/190 $1 SKALSKY,FRANCISCA LAURA& May 23 2003 12:OOAM 16970/259 $1 SKALSKY,FRANCISCA LAURA Feb 20 2003 12:OOAM 16422/222 $1. FARIAS,MARIA Nov 19 2002 12:OOAM 15936/056 $330,000 SKALSKY,FRANCISCA L Jun 14 1999 12:OOAM 12335/2W $1 FARIAS,FRANCISCO J&SKALSKY,F Sep 23 1997 12:OOAM 10966/231 $123,000 MORAN,WALTER L Jun 15 1982 12:OOAM 3509/132 $0 Extra Buildin Features `', , ,. 7r r y u ;, , �' �`7, dry_ Code Description Units/SQ ft Appraised Value Assessed Value SHED Shed 120 $1,700 $1,700 BLA Bsmt Liv-Aver 850 $11,100 $11,100 FPL1 Fireplace 1 $3,200 $3,200 Property Sketch Le end . > ,« . . BAS First Floor,Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) F t 1 1, http://www.town..bamstable.ma.us/assessing/2010/di§playparc'el l Orriap.asp?mappar=190194 11/5/2010 ' TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel Application# Health Division Conservation Division Permit# Tax Collector Date Issued Treasurer Application Fee Planning Dept. Permit Fee a Date Definitive Plan Approved by Planning Board 0 7lgl0-7 Historic-OKH Preservation/Hyannis IcP_roject-StrebtAddr'_ess Ot 4 AWOL tDA"O f/ —�-- Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay --Projecf Valuation &'V GW Construction Type q Lot Size Grandfathered: ❑Yes ❑No If yes, attach supportin documehationz 00 w Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) X Age of Existing Structure Historic House: ❑Yes ❑No On Old King's ighway:jCl Yes'; ❑No co Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Z- a' Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use 1 Q'�f)�OBUILDER INFORMATION Name�ij.-r n bk Telephone Number Address�-zhi_- eajl L)r. License# IY Y'W 00-41 Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE;" __ � DATE r— d FOR OFFICIAL USE ONLY a PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS- VILLAGE OWNER i f DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING BD90,4 AEMol£P " ST$TItS N�T Cor+P LE`[�� DATE CLOSED OUT 1 ASSOCIATION PLAN NO. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street - �� Boston,MA 02111' 'b www.mass.gov/dia ' Workers -Compensation Insurance Affidavit: Builders/Contractors/Elec ea fans Plu�mberl Applicant Information .Please Y N guyznessLOrg tion/Individual): O�"a Y Gi S City/State/Zip: - Phone:# Are you an employer?Check the appropriate bog: :Type of project(required):, 4. [] I am a general contractor and I 1:❑ I am a employer with 6. ❑New construction "employees (full and/or Part-time). have hired the sub-contractors 2.El am a'sole proprietor or partner- listed on the-attached sheet. ❑7. Remodeling ship and have no employees These sub-contractors have g, []Demolition employees and have workers' Working for me in any capacity, t. 9. ❑Building addition [No workers' comp,insurance comp insurance. 10.❑Electrical repairs or additions re ed.] 5. We are a corporation and its 3 a homeowner doing ill-work . officers have exercised their 11.[]Plumbing repairs or additions ' �- right of exemption per MGL 12,C1 Roof repairs myself,[No workers comp. c. 152, §1(4),and we have no insurance.required]t 13.❑ Other ' employees. [No workers' comp,insurance required.] *Any applicant that cbecks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners,who submit this affidavit indicating they are doing all work and then hire outside contractors must Submit a new affidavit indicating such. #Contractors 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 providb their workers'comp.polidy number. lam an employer that is providing workers'compensatian insurance for my employees. Below is.the policy and job site information. jumance Company Name: - Policy#or Self-ins.Lic.# Expiration Date: lob Site Address: City/State/Zip: Attach a copy of the workers' compensation policy.declarationpao-e*(showing the policy number and expiration date). Failure.to secure coverage as required tinder Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine tip to$1,500.00 and/or one-year imprisonment,as well as civilpenalties in the form of a STOP WORKARDER 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 Investi ations of the CIA for insurance coverage verification. 'do hereby certify under the pains•and penalties of perjury that the information provided above•is true and correct _-{m� ir-�1�A Date: �. w Phone#: Offrctal use only. Do not write in this area, to.be completed by.city or town official City or Town: .PermitUcense# Issuing Authority(circle one): :1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5,Plumbing Inspector 6.Other Contact Person: Phone#: 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"...everypersoninthe service of another under any contract ofhiie, express or--implied, oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a:-deceased employer,or the receiver or trustee-of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house . or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or permit p renewal of a license"or P mit to'operate erate a business or to construct buildings in the commonwealth for any • • applicant who has not produced,acceptable evidence of compliance with the insurance coverage requ ired. Additionally,MGL chapter-152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for.the performance of public-work until acceptable evidencb of compl%ariee with 3ie l ance 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-contiactor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the . members*or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees 'a policy-is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the-city or town that the application for the permit.or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are requirea to obtain a workers,' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-knnm=license number on the appropriate'line. City or Towp Officials Please besure 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 x.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. Anew affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to bairn leaves-etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The De' artnent's address,telephone•and fax number.. The Commonwealth dMma&USetts Dtpartmed of Industfial AcoideAts Mice 4f Invesdigations 600 WaWngtoii Stmd BQStQ41.MA 02111 Fax#6l 7-727-7749 Revised 11-22.06 w.m=.gov/die °FVE�a 'Town of Barnstable RegulatoU Services * BARNSTABLE, r Thomas F.Geiler Director MASS. $ � ' 059. rIN Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax; 5087790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the`reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of work: 41�yT�(VS Estimated Cost -Address`of Work: ,07 &0 k1a l",tQ y r i n f&- w=bcr zi 1 L Owner's Name'. r—Date`ofApplication: I hereby certify that: Registration is not required for the following reason(s): Work excluded by law ❑Job Under$1,000 Q�B�ding not owner-occupied Ed00 er pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME MROVEMENT 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. Date .. •Owner's-Nam' Q:forms:homeaffidav `oF THE Tpy� Town of Barnstable. yP o„ Regulatory Services * BARNSTABLE, • Thomas F.Geiler,Director T MASS. 4p 1639• Building Division QED MA'i A. Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print �DATE�_ JOB_WCATION"O/ r �nju�mbber /�^ street village Lc 'HOMEOWNIER' /-c�rcE r1�0 n r J%Q_S !� /2:'7.<'lLffel 6S m P name home phone# work phone# C-URRENT MAILING ADDRESS: . CA00)41 state zip code The current exemption for"homeowners"was extended to include ovcmer-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 mimmum inspection procedures and requirements and that he/she will comply with said procedures and requirements. ` C`.Signature-of-Homeownei-" 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 r roowi r ivwa d ------------ t4,100-A A-4- I Cam.S� men�r a �3®► lei roe M ` E qd �00✓� d Y-00 , a r - --------------- Ge,Fre, v , -- - % rpor, ------------ ' \ K 14a�+ t I \ ` I • { I Cho � f3a.� GARIaGE IIVING Aooth -- — Roil .. ---- -- .,.._------ , FTE (' � �6onns tl roo 0. o _ o _ em r ,' � �, ,t3o�olr�on� t3czc�rpon� LIVING Room Romm Ro � o � _ K a is k I onomoy ir., en ervi e ^a i. �y .t 9 5/5/�7 4 Monomov Cir.. Centerville °FIME Tom, Town of Barnstable Regulatory Services * B" . ` Thomas F.Geiler,Director rFDMP'�A Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 June 8, 2007 Maria Farias 75 Hemeon Dr. W. Yarmouth, MA 02673 RE: 94 Monomy Circle, Centerville, MA, Map:190 Parcel 194 Dear Ms. Farias: This letter shall serve as follow up to a letter dated May 11, 2007 sent by this office addressing building code violations at the above referenced address. To date, the violations have not been corrected and you have not submitted a building permit application to correct them. In accordance with 780 CMR 118.4 violations of the building code are punishable by a fine of not more than $1,000.00 or by imprisonment for not more than one year. Your failure to comply leaves this office no choice but to pursue criminal prosecution. I may be reached at (508) 862-4034 if you wish to discuss your options further or have any questions. By Order, WLauzon Local Inspector Q:zoning5 Town of Barnstable r r Regulatory Services r * * BMWSfABLE. 9 MASS. g Thomas F.Geiler,Director �p 1639. ♦0 rFD►9.tA Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 May 11, 2007 Maria Farias 75 Hemeon Dr. W. Yarmouth, MA 02673 RE: 94 Monomy Circle, Centerville, MA, Map:190 Parcel 194 Dear Ms. Farias: This letter shall serve as notice that items were found to need correction in an inspection conducted at the above referenced property. As discussed, the basement shall not be used for sleeping purposes. Additionally, the stairs to the basement are required to be brought up to code. A building permit is necessary to make the required changes. This must be applied for by May 21, 2007. Please contact this office at(508)862-4034 with any questions you may have. Respectfully, de�t/L auzon Local Inspector Q:zoning5 I`io 1gy Town of Barnstable ti Regulatory Services r • * BAMSTABLE, i MASS. g Thomas F. Geiler,Director Building Division Thomas Perry, CBO,Building Commissioner 200 Main Street, Hyannis, MA 02601. www.town.barnstable.maxs Office: 508-862-4038 Fax: -508-790-6230 EXIT ORDER DATE: 5 )5)07 LOCATION: �'? 9 �bhari, 1�1-rCle Under the provisions of 780 CNM the State Building Code, Section 3400.5.1, you are hereby ordered to immediately discontinue the use of the cellar/basement area for sleeping purposes. SPECTOR SIGNATURE OF RE T �s Certified Mail#7006 0810 0000 3525 0106 �o.,THE r ti Town of Barnstable Regulatory Services BARN' LE. Thomas F. Geiler, Director NA au,YA Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Maria Farias May 30, 2007 75 Hemeon Drive W. Yarmouth, MA 02673 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II - MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. C;m / The property owned by you located atonomoy Circle, Ids,Vwas inspected on May 5, 2007 b David W. Stanton R.S., Heal'�l�In Spector for the Town of Barnstable because of a Y complaint. The following violation of the State Sanitary Code was observed: 105 CMR 410.450: Means of Egress: Adequate egress was not provided in the basement dwelling unit per the Massachusetts State Building Code. The code reads specifically: "105 CMR 410.450: Means of Egress:. Every dwelling unit, and rooming unit shall have as many means of exit as will allow for the safe passage of all people in accordance with 780 CMR 104.0, 105.1, and 805.0 of the Massachusetts State Building Code." However, it is noted that the correct reference to the Massachusetts State Building Code for egress is 780 CMR 102, 103, and 1010. You are reminded that the basement cannot be used for sleeping purposes. You were also notified by the Building Inspector that the basement cannot be used for living space as the stairs to the basement were not to building code. In the current condition, the basement may only be utilized for storage purposes. The following violation of the Town of Barnstable Code was observed: § 170-4 of the Town of Barnstable Code: Owner's Responsibility to Register Rental Unit. The unit is not currently registered with the Town of Barnstable Health Division. You are ordered to correct the violation listed above within Five (5) days of your receipt of this notice, by registering your rental unit with the Town of Barnstable Health Division. R QA Order letters\Housing violations\94 Monomoy Circle.doc u� You may request a hearing before the Board of Health if written petition requesting same is received. Non-compliance will result in criminal complaint being issued against you. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S. Director of Public Health Town of Barnstable QA Order letters\Housing violations\94 Monomoy Circle.doc 1/7/03 1 No make-up air 1. FOR If R _ f l� E 94 Monomoy Cir, Cen r t 94 Monomoy Cir, Center 1/7/03 r 94 Monomoy Cir, Center 1/7/03 94 Monomoy Cir, Center 1/3/03 Basement lav Monomoy Cir, Center 1/7/03 _ ,e ZA 94 MonomoY Cir, Center 1/7/03 i w i ' i 5 4 Monomoy Cir, 1 i 194 Monomov Cir, Cent 94 Monomoy Cir, Center 1/7/03 t I I �I 94 Monomoy Cir, Center 1/T i 94 Monomoy Circle, Center 1/7/03 4G-� o -�o ✓'coo v) - Urenas, Gloria From: McConnell, Lee Sent: Wednesday, August 07, 2002 1:45 PM To: Urenas, Gloria Subject: FW: 94 Monomoy Circle, Osterville -----Original Message----- From: McConnell,Lee Sent: Wednesday,August 07,2002 1:44 PM To: 'dmg2@gis.net' Subject: 94 Monomoy Circle,GstopAlfer It was brought to the Barnstable Health Deptment's attention that 94 Monomoy Circle in C Nfe-is on the market as a single family home with three in-law apartments. These apartments have never been approved by building or the zoning board of approval, they are illegal. Plus, the septic system at this property, which was installed in 1974 is only designed for 3 bedroom. Although, this piece of property is not in the zone of contribution and not limited as to number of bedrooms, the septic design flow has to coincide with the number of bedrooms. If you have any questions please feel free to contact the office at 508-862-4740 Thank you- Lee McConnell. IRS 1 5/8/02 RC Giangregorio Re: 94 Monomoy Circle, Centerville, Skalsky d/b/a/Loving Care Map 190-194, Appeal 2000-25 (denied, use variance) Spoke with Attorney David Leitner regarding special permit requirement for Loving Care located at 94 Monomoy Circle, Centerville. As there is no special permit on file in accordance with 4-1.5, he will consult with his client and file a revise site plan or utilize the approved site plan and go directly to the ZBA. In any case, he will be in next week to pick up the appropriate application. Giangregorio, Robin From: Giangregorio, Robin Sent: Monday, July 22, 2002 9:56 AM To: David Leitner(E-mail) Subject: Skalsky, 94 Monomoy Circle; Centerville During our last telephone conversation on 5/8/02, you indicated that you would be in to file for the required special permit necessary to continue the Loving Care business at the aforementioned address. I am informed that there are currently clients at this address contrary our understanding in May. Please advise me ASAP regarding your client's intention. As you are aware the continued operation of this business requires ZBA approval. Thank-you for your attention to this matter. �ybiz 1 Y Health Complaints 12-Sep-02 Time: 1:18:50 PM Date: 9/9/2002 Complaint Number: 3698 Referred To: THOMAS MCKEAN Taken By: THOMAS MCKEAN Complaint Type: Article X Detail: Business Name: Number: 94 Street:—Monomoy Circle Village: `- Le2/ Pi Assessors Map_Parcel: Complainant's Name: Gloria Urenas Address: Bildg. Division Telephone Number: extension 4038 Complaint Description: The septic system is only capable of handling three bedrooms. However, there are more than 3 bedrooms in the house now. There are people living in a basement apartment without any windows. The landlord lives upstairs at this property as well. The real estate advertisement lists it as having three in-law apartments. Although site plan review approved assisted living, the Zoning Board of Appeals disapproved the application. Lee McConnell and TM both attempted to contact the real estate agent, Carmel Grier, who is listing the property-but both were ignored. The Building Division informs us that there were no plumbing permits, no electrical permits, and no building permits for the work done in the multiple in-law apartments. Actions Taken/Results: TM called the owners of Realty Executives owner, Mike Degnon, 508 362-1300 and Chris Coy, or Tim Waldron. Left three messages on the answering machines of Chris Coy and Mike Degnon on 9/9/02 at 1:30, 2:25 p.m. and at 3:50 p.m.. No return calls received.TM attempted to reach any of the owners again on 9/10/02 at 8:45 a.m., no persons were available Health Complaints 12-Sep-02 to answer the telephone. No return calls recieved to date. TM left his cell phone number with a message on the main answering machine. TM called the receptionist(Susan) at 10:18 a.m. on 9/10 and asked her to leave the owner a message about having a meeting on Thursday afternoon at the Building Commisioner's Office. Mike Degnoin called TM back at 11:00 a.m.; he will tell Carmel Grier about the meeting on Thursday afternoon at 2 p.m. On 9/10, Mike Degnon called back and stated the house is no longer listed with Realty Executives. TM called Attorney David Leitner to invite him to the meeting- left a message on his answering machine. at 11 a.m. on 9/10/02. At approx. 2:00 p.m. on 9/10, TM telephoned the hoeowner Mrs. Sklasky. She informed TM the property will be sold to her daughter and will not be used for extended care any longer. Her daughter may be renting out the house to tenants in the summertime. Later that afternoon on 9/10/02, the homeowner called TM and informed him the lawyer will not be attending a meeting, she will come to a meeting herself. On 9/12, Tom Perry and TM met with the homeowner, Mrs. Francis Skalsky. She stated her daughter will not rent the home out to other tenants afterall; instead she will reside there herself with her three children. She might hire a maid to live with them. At the end of the meeting, TM instructed Mrs. Skalsky to provide three items: (1) a completed septic system inspection report due to the fact the property will be sold and the closing date is in October, (2) building permit application for the two rooms constructed in the basement, and (3)written approval from teh State for providing assisted living/care to two persons at this dwelling. Investigation Date: Investigation Time: 2 1 ernetmisMLS.com - Cape Cod Network Page I of 2 Contact DANIEL GRIFFIN,JR of dmg2@gis.net Customer View Cape Cod&Islands Multiple Listing Service-Single Family MLS#: 2023006 Status:Active UPS Cat: Single Family Home LP: $329,000 Address: 94 MONOMOY Cl Unit#: Town: BARNSTABLE, MA , ZIP: 02632 Village: CEN County: BARNSTABLE Subdivision: Rooms: 11 FullBaths: 3 BedRooms: 3 HalfBaths: 0 (Click on the Photo to Enlarge) General Information Zoning: RESIDENTIAL Levels: 2 LivSpc: 1,801to2,200 Yr Bit: 1974/APPROXIMA' Bsmt Baths: 1 Lev1 Baths:2 Lev2 Baths: Lev3 Baths: Found:Main Width: 60 Main Depth:26 Wing Width: 0 Wing Depth: 0 Irreg: N Basement: Y/Bulkhead Acc, Finished, Full, Interior Acc,Walk-out Rd Frntg: Assoc.Fee Includes: Gar/#Cars:Y/1 Lot Depth: 0 Sep Liv Qtrs: Y/1st Floor, Basement Association: U Lot Desc: Cleared, Interior, Level,Wooded Garage Desc:Attached, Direct Entry, Heated, Paved Drvway Year Round:Y Services: Waterfront: N/ Waterview: N/ Beach Desc: Ocean Beach Own: Public Miles to Beach: 1-2M1 Mbrshp Req: U Street: Paved,Town Mntnd Water Acc: Foundation: Concrete Convenient To: Church,Golf Course, Med Facil, Mjr Highway, School, Shopping Acres: 0.35 Ann Asc Fee: $0/0 Beach/Lake/Pond Name: CRAIGVILLE BEACH Interior Information Room Dimen Level features Living: 19 X 13 1 Bow/Bay Window, Fireplace,Wood Floor Family: 11 X 21 1 Closet,W/W Carpet Dining: 10 X 12 1 Ceiling Fan, Sliding Door,Wood Floor Kitchen: 12 X 10 1 Vinyl Floor Mstr Bedrm: 14 X 12 1 Closet, Pvt Mstr Bth,Wood Floor Bedrm 2: 12 X 10 1 Closet,Wood Floor Bedrm 3: 12 X 10 1 Wood Floor IN-LAW APT 13 X 13 B Built-Ins,W/W Carpet IN-LAW APT 16 X 10 B Vinyl Floor IN-LAW APT 8 X 12 B WM Carpet Laundry: B Living/Dining Room Combo: U ' Foyer: Kitchen/Dining Room Combo: Y Fireplace: Y Flooring: Vinyl,W/W Carpet,Wood Interior Features: Hcap Equipd,,HU-Cable TV, Linen Closet E ui ment/A liances: Secrity Alrm http:// pp4c.c pec dmis.net/c pec d/mis?I =2023006& AGE= L & IN ING=true&W.... 8/6/2002 4ternetmisMLS.com- Cape Cod Network Page 2 of 2 2023006,94 MONOMOY Cl , BARNSTABLE , MA Exterior Information Style: Ranch/ Pool: N/ Dock: N/ Exterior Features: Exf Lgtng,Outbuilding, Screens,Scrnd Porch Siding: Clapboard,Shingle Roof: Asphalt, Pitched Mechanical Information Heating/Cooling: Hot Water, Natural Gas Water/Sewer/Util: Priv Sewer,Town Water Hot Water:Tank Remarks Legal/Tax Information Imprmts Asmt: 97200 Annual Taxes: $1,277.00/2002 Title Reference: 12335/217/00( Land Assessment: 44900 Annual Betterment: 0 Plan: Total Asmt: 142100 Unpd Bettrm: 0 UFFI: N To Be Assessed: U Spec Assessment: U Mass Use: 101 Assessors Map: 190 Assessors Parcel: 194 Undgrnd Fuel: U Asbestos: U Lead Paint: U CertlTreat: Flood Zone: Unknown Documents: No Documents Showing:Appntmnt Req,Call Lstg Of,Yard Sign Directions to Property: OLD STAGE ROAD TO THOREAU TO MONOMOY CIRCLE. HOME ON LEFT. SIGN. Printed by on 2002-08-06 02:57:25 PM ©Identified agent may not be the listing agent.Information herein deemed reliable but not guaranteed. 3 — — 2 h :// 4c.c ec dmis.net/c ec d/m1s.I —2023006& AGE L & IN ING—true&W... 8/6/200 PP P P - T own of Barnstable Assessors Division Page I of 3 A. ,K y G " '� ._._. ....... ............. ...i. ;>,... .. • '- sus,..:,,.. Your Location : Home : Town Departments : Administrative Services : Assessors Division bJProperty Results «Back -Forward>> Tuesday,August 6, 2002 .""=r_ Assessors Division- Property Results Data is based on Fiscal Year 2002 Assessor's Fiscal Year 2002 Assessed Values database and is provided for information Tax Information purposes only. Sales History Land and Building Description Construction Details «Search Again Out Buildings & Extra Features Building Sketch 94 MONOMOY CIRCLE Map/ Parcel/Parcel Extension: Mailing Address: 190/194/ SKALSKY, FRANCISCA L Owner of Record: SKALSKY, FRANCISCA L 94 MONOMOY CIR Property Location: CENTERVILLE, MA 02632 94 MONOMOY CIRCLE Parcel ID.190194 .[clap. Fiscal Year 2002 Assessed Values "Top Appraised Value Assessed Value Building Value: $91,100 $91,100 Extra Features: $5,200 $ 5,200 Outbuildings: $900 - $900 Land Value: $44,900 $44,900 Totals: $ 142,100 $ 142,100 Tax Information "Top Town Tax $ 1,315.85 Tax Rates (per$1,000 of valuation) C.O.M.M. FD Tax $ 196.10 Town 9.26 Fire District Rates Land Bank Tax $39.48 Barnstable 2.61 C.O.M.M 1.38 Cotuit 1.69 Total: $ 1,551.43 Hyannis 2.54 W. Barn. 1.54 Total does not include special assessments Other Rates http://www.town.barnstable.ma.us/ComeOnIn/Departments/Administrative_Services/Financ,... 8/6/2002 f Town of Barnstable Assessors Division Page 2 of 3 Land Bank 3% of Town Tax Due to rounding differences these values are approximate. Sales History ^Top Owner: Sale Date: Book/Page: Sale Price: FARIAS, FRANCISCO J & SKALSKY, F 9/23/1997 10966/231 $ 123,000 MORAN, WALTER L 6/15/1982 3509/ 132 $0 MORAN, WALTER L*M792 10966/229 $ 0 SKALSKY, FRANCISCA L 6/14/1999 12335/217 $ 1 Land and Building Description ^Top Land Building Lot Size (Acres): 0.35 Year Built: 1974 Appraised Value:$44,900 Living Area: 1230 Assessed Value: $44,900 Replacement Cost: $ 107,235 Depreciation: 15 Building Value: $91,100 Construction Details ^Top Style: Ranch Interior Walls: Drywall Model: Residential Interior Floors: Hardwood Grade: Average Grade Heat Fuel: Gas Stories: 1 Story Heat Type: Hot Water Exterior Walls Vinyl Siding AC Type: None Roof Structure: Gable/Hip Bedrooms: 3 Bedrooms Roof Cover: Asph/F GIs/Cmp Bathrooms: 2 Bathrooms Total Rooms: 6 Rooms Outbuildings& Extra Features ^Top Code Description Units/SQ FT Appraised Value Assessed Value FPL1 Fireplace 1 $2,600 $2,600 SHED Shed 120 $900 $900 BRR Bsmt Rec Room 600 $2,600 $2,600 Building Sketch "Top http://www.town.barnstable.ma.us/ComeOnIn/Departments/Administrative_Services/Financ,... 8/6/2002 f Town of Barnstable Assessors Division Page 3 of 3 b l " MIN v: / h W>* Map; Sketch Legend BAS First Floor, Living Area FST Utility Area (Finished Interior) UAT Attic Area (Unfinished) BMT Basement Area (Unfinished) FTS Third Story Living Area (Finished) UHS Half Story (Unfinished) CAN Canopy FUS Second Story Living Area (Finished) UST Utility Area (Unfinished) FAT Attic Area (Finished) GAR Garage UTQ Three Quarters Story (Uni FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story (Unfi FHS Half Story (Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) 4 Back - Home Departments I Town Information I Contact Town Hall Website,Developed and Maintained internally by the Town of Barnstable Information Systems Department Town Hall-367 Main Street- Hyannis,MA-02601 -508-862-4000 DISCLAIMER: Although we strive to provide accurate information,we are only human. Please consult directly with the appropriate department if there is a question of accuracy. Copyright 20010 Town of Barnstable. All Rights Reserved. http://www.town.barnstable.ma.us/ComeOnIn/Departments/Administrative_Services/Finance... 8/6/2002 UNITED STATES POSTAL SERVICEnv __ __ First-Class Mail Postage&Fees-Paid USPS w Permit No.G-10 O Print your Name, address, and ZIR-0 din this box C TOWN OF BARNSTABLE BUILDING DIVISION 200 MAIN ST. HYANNIG,MA 02601 d ai SENDER: I also wish to receive the o ■Complete items 1 and/or 2 for additional services. following services(for an m ■Complete items 3,4a,and 4b. 4) ■Print your name and address on the reverse of this form so that we can return this extra fee): i card to you. " v d ■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee Addr ess ress permit. 2.❑ Restricted Delivery a)� ■Write"Return Receipt Requested"on the mailpiece below the article number. rY N t ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. a ►� 0 3.Article Addressed to: 4a.Article Number a R$. rk"Cl3 S-KAL.5K'� 700/ /9Y0 0003 '� 3321 4b.Service Type I Registered Certified ¢o fR ❑ Express Mail ❑ Insured i OWC l�l LLB 10,26 3 Return Receipt for Merchandise El G �C�rt l 7. Date of Delivery o - I 0 tr 5.Recel Print Name) 8.Addressee's Address(Only if requested Y F and fee is paid) w ¢ 6.Signature: (A ssee or gent) 0 i; tfit f f trtfft tf l Ifiillf i tii !{{{ 2 PS Form 38 ember 1994 102595-98-a-0229 Domestic Return Receipt � , � l Fitt ll Ilf I III i � OFI E T Town of Barnstable ' Regulatory Services * BARNSTABLE, + 9 MASS. g Thomas F. Geiler,Director �.o i639•'E0.59 Building Division and Public Health Division 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 September 27, 2002 Mrs. Francis Skalsky 94 Monomoy Circle Centerville, MA 02632 Dear Mrs. Skalsky, On September 9, 2002, it came to our attention that your home located at 94 Monomoy Circle Centerville was advertised for sale. The real estate listing described the home as having three bedrooms plus three in-law apartments. However, according to the Public Health Division records, the septic system capacity was originally designed for only three bedrooms, not six. Also, according to the Building Division records,there are no records on file in regards to electrical permits,plumbing permits, or building permits for the construction of three in-law apartments. Therefore, a meeting was held on Thursday September 12, 2002. In attendance were you, Building Commissioner Thomas Perry, Septic Information Coordinator James Daley, and Public Health Director Thomas McKean. During that meeting, you indicated that you are selling your home to your daughter(it is no longer listed with a real estate agent) and that there are no "in-law" apartments in your home;rather there are two finished rooms in the basement. However, according to our records,there is no building permit application on file for the construction of the finished rooms in the basement. You also stated that you have written permission from the State to operate an assisted living or assisted care facility at your home. At the conclusion of the meeting held on September 12t', you were verbally informed that you shall submit the following: 1. You shall submit a completed septic system inspection report due to the real estate transfer which you described will take place sometime in October. 2. You shall submit a building permit application for the two rooms constructed within the basement of this home. 3. You shall submit written approval from the State in regards to the assisted living/care business at this home To date, none of the above listed required application and documents were received. You are ordered to submit this required application and documentation on or before October 25,2002. Failure to provide the required application and documentation before the established deadline may result in future enforcement action to remove the illegal rooms in the basement. Thomas A. McKean,RS, CHO Director of Public Health Thomas Perry, Building Commissioner a7001 ;1940—,0003-9647 -3321 �:` S,6@T4QW-8 HOUSING INSPECTION CHECKLIST NAME OF FAMILY PHONE NO., TENANT APPLICATION NO. INSPECTOR e PHONE NO. DATE OF INSPECTION ?��tdl TYPE OF INSPECTION ❑ Audit ❑ Initial ❑ Special ❑ Reinspection ❑ Annual LAST INSPECTOR: `- INFORMATION STREET CITY Number of Children HOUSING TYPE UNIT U r GNe,yt 6+) n (gyp, I LR v M. in family with Elevated Blood Level (check as appropriate) GRADE STATE ZIP FAMILY COMP ❑ Manufactured Home MALE FEMALE ❑ Single Family Detached A ❑ ADULTS Duplex or Two Family B.A N ME OF OWNER OR AGENT AUTHORIZED TO LEASE UNITINSPECTED PHONE NO. MINORS ❑ 3 Family House C ❑ �. f ❑ Row House or Town House D ❑ ADDRESS OF OWNER OF AGE T - CHILDREN ❑ Low Rise:3 or 4 Stories s (UNDER 6) including Garden Apartment El High Rise:5 or more stories-SUMMARY DECISION • FORMHASBEENFILLED OUT.) FAMILY SUBSIDY SIZE: ❑ Multi Family f/ No.of rooms used for sleeping LOC ❑ YES.❑ NO ❑ Pass Q 41 ❑ Inconclusive Date Passed (or could be used if unit is vacant) BUILDING PERMIT ❑ YES ❑ NO INSPECTION ITEM 1.LIVING ROOM YES NO IN.- PRR011 N0. PASS FAIL coluc COMMENT APP 1NMAUDATE 1.1 Living Room Present 1.2 Electricity 1.3 Electrical Hazards 1.4 Security 1.5 Window Condition,Screens �fj S 41 j 1.6 Ceiling Condition 1.7 Wall Condition 1.8 Floor Condition ITEM 2 KITCHEN YES NO IN.- AFINAL . ITIALI NO. PASS FAIL CONC COMMENT IxPPROV. DATE 2.1 Kitchen Area Present 2.2 Electricity 2.3 Electrical Hazards 2.4 Security 2.5 Window Condition,Screens 2.6 Ceiling Condition 2.7 Wall Condition 2.8 Floor Condition 2.9 Stove or range with oven (TT) (ILL) y,/ 2.10 Refrigerator (TT) (LL) 1/ 2.11 Kitchen sink 2.12 Kitchen space for storage&prep 2.13 Ventilation ITEM .3 BATHROOM YES NO IN.- FINAL N0. PASS FAIL cork COMMENT APPROV' UIrT1ALlDATE 3.1 Bathroom Present I 3.2 Electricity 3.3 Electrical Hazards .� 3.4 Security / 3.5 Window Condition,Screens --�' 3.6 Ceiling Condition 3.7 Wall Condition ►� 3.8 Floor Condition 3.9 Flush Toilet in enclosed room in unit -� 3.10 Fixed washbasin or lavatory in unit 3.11 Tub or Shower in unit 3.12 Bathroom ventilation ITEM 4.OTHER ROOMS USED YES NO IN.- COMMENT FINAL No. FOR LIVING&HALLS PASS FAIL CONIC avPeov. IM PPROV. 4.1 Room Code' = Room Location (Check One) ❑ RighVCen a/Left (Check One) ❑ FronVCenter/Rear Floor Level 4.2 Electricit /Illumination 4.3 Electrical Hazards 4.4 Window Condition 4.5 Security 4.6 Ceiling Condition 4.7 Wall Condition lJ ' i w tllr/ 4.8 Floor Condition - 4.9 Natural Light ROOM CODES: 1=Bedroom or any other room used for sleeping(regardless of type of room) 3=Second Living Room,Family Room,Den,Playroom,TV ROOM 5=Additional Bathroom 7=Garage 9=Other 2=Dining Room,or Dining Area 4=Entrance Halls,Corridors,Halls,Staircases 6=Attic 8=Laundry White Copy for Agency-Yellow Copy for Landlord-Pink Copy for Tenant- 41 ITEM 4.OTHER ROOMS USED YES..No ]-IN COMMENT "FP NO. FOR LIVING&HALLS PASS FAIL CONIC WMAUDATE 4.1 Room Code'® Room Location Check One ❑'RighUCenter/Left Check One ❑ Front/Center/Rear Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wall Condition 4.8 Floor Condition 4.9 Natural Light 4.1 Room Code'0 Room Location-,(Check One) ❑ Right/Center/Left (Check One) ❑ Front/Center/Rear Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wall Condition 4.8 Floor Condition 4.9 Natural Li ght 4.1 Room Code'= Room Location (Check One) ❑ Right/Center/Left (Check One) ❑ Front/Center/Rear_Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wall Condition 4.8 Floor Condition 'ROOM CODES: t=Bedroom or any other room used for sleeping(regardless of type of room) 3=Second Living Room,Family Room,Den,Playroom,TV ROOM 5=Additional Bathroom 7=Garage 9=Other 2=Dining Room.or Dining Area 4=Entrance Halls,Corridors,Halls,Staircases 6=Attic 8=Laundry ITEM 5.ALL SECONDARY ROOMS YES NO IN.• COMMENT FINALNO. Rooms not used for Living) PASS FAIL CONC APPROV. INmALIDATE 5.1 NONE Go to Part 6 5.2 Securit 5.3 Electrical Hazards 5.4 FpeCher Potentially H zardous atures in an of t�ese Ftooms ITEM 6.BUILDING EXTERIOR AS NO IN.- N0. PASS FAIL coNc COMMENT I FINAL D IrImAI.mATE 6.1 Condition of Foundation r 6.2 Condition of Stairs,Rails,and Porches t j I J ta e e-11 p d, 6.3 Condition of Roof and Gutters t' 6.4 Condition of Exterior Surfaces 6.5 Condition of Chimney 6.7 Manufactured Homes:Tie Downs 6.8 Manufactured Homes:Smoke Detectors ITEM HEATING&PLUMBING YES No IN.- COMMENT "P FINAL N0. PASS FAIL CONIC INMALMATE 7.1 Adequacy of Heating Equipment 7.2 Safety of Heating of Equipment 7.3 Ventilation/Cooling 7.4 Water Heater Gas/Elec/Oil 7.5 Approvable Water Supply 7.6 Plumbing 7.7 Sewer Connection ITEM 8.GENERAL HEALTH YES NO IN.- AFINAL NO. AND SAFETY PASS FAIL CONIC COMMENT WKWATE 8.1 Access to Unit 8.2 Lead Paint,LOC ❑ Not Applicable 8.3 Evidence of Infestation - 8.4 Garbage and Debris ' 8.5 Refuse Disposal _ 8.6 Interior Stairs and Common Halls 8.7 Other Interior Hazards 8.8. Elevators ❑ Not Applicable 8.9 Interior Air Quality 8.10 Site and Neighborhood Conditions 8.11 Entry Door Security F- ❑ Not Applicable 9.1 Heating System Type ❑ Gas ❑ Oil ❑ Electric ❑ Other ITEM YES NO IN.- COMMENT FlxAt N0. PASS -FAIL CONIC IwvAor. ' •NTIAIAM .353 Asbestos Material .482 Smoke Detectors This inspeottorhas been performed to determine compliance der the HUD/DHCD Sectiou8 Programs.While some of the inspection requirements may be similar or identicW4o provisions of the Ic ahc es this inspection not certify compliance-'1iu' said codes.In all instanc-et*, t s the Owner's responsibility to maintain roe o�`meet all a Iicable state oCal codes and a to is n ht to re uest an I ction b the local code enforce ent Party Present at Inspection Inspector Signature Date Date Date DAVID P.H. LEITNER • Attorney at Law P.O. Box 1726 Telephone(508)420-6556 Mashpee,MA 02649 Fax(508)428-3212 Email: dleitner@capecod.net March 22, 2000 Zoning Board of Appeals ij! 0-Planning Department MAR23 Town of Barnstable 230 South Street Hyannis, MA 02601 TOWN OF BARNSTABLE Y ZONING BOARD OF APPEALS Re: 94 Monomoy Circle, Centerville, MA Application of: Francisca L. Skalsky d/b/a Loving Care. Dear Board Members: Ms. Skalsky is applying for a variance' in order to provide assisted living for the elderly in her home. Ms. Skalsky has applied with the Commonwealth's Executive Office of Elderly Affairs ("EOEA")to become a licensed Assisted Living Facility. Ms. Skalsky's staff consists of herself, her son Francisco Farias, Jr. and Mary Michael, LPN. The EOEA requires that any facility that cares for three or more elderly must be licensed by the Commonwealth. Ms. Skalsky currently has two people under her care that reside at her home. It should be noted that 94 Monomoy Circle is Ms. Skalsky's primary and only residence and that she is the owner of the property. Her business, Loving Care, is her only source of income. Ms. Skalsky has been working with the Elderly for many years for other large facilities as well as herself. All caregivers working for Ms. Skalsky, including herself, are qualified and licensed to provide care pursuant to the EOEA's stringent regulations. Except for some minor documentation changes and the need to install an access ramp,the last major hurdle in receiving a license from the EOEA is a certificate of occupancy from the Town of Barnstable. That is what brings us before this Board for a variance. ' Although it is not dispositive and does not apply to an application for variance, one should note that Massachusetts General Laws c. 40A § 9 Special Permits provides that it is in the public's interest to encourage small elderly living facilities when granting special permits. "Zoning ordinances or by-laws may also provide for the use of structures as shared elderly housing upon the issuance of a special permit. Such zoning ordinances or by- laws shall specify the maximum number of elderly occupants allowed, not to exceed a total number of six, any age requirements and any other conditions deemed necessary for the special permits to be granted." G.L.c.40A§9. At site plan review, the Site Plan Review Committee required Ms. Skalsky to provide; a plot plan; a plot plan showing the addition of three parking spaces by widening the driveway; a floor plan of the premises; a written estimate for the installation of a fire suppression (sprinkler) system; a written estimate for the installation of hard wired smoke alarms; and an inspection by the Health Department for sanitary conditions and Title V septic compliance. All of the foregoing documents were provided to the Site Plan Review Committee and the house was inspected and passed by the Health Department. After meeting the forgoing conditions, the Committee permitted Ms. Skalsky to proceed with her application to this Board for a Zoning Variance. HARDSHIP A literal enforcement of the applicable zoning would create a hardship on the applicant. Ms. Skalsky relies on her ability to provide care to the elderly in her home as her sole source of income. The care she provides to her residents is excellent. Residents are in a warm welcoming home environment and are treated like members of the family. With the exception of a certificate of occupancy, all conditions required by the EOEA, including, but not limited to, staff training, staff licensure, contracts with residents, residents rights, cleanliness, medication, and medical needs are met or will be met or exceeded by the end of March 2000,. Ms. Skalsky currently has two residents and is not required to obtain a license from the EOEA, however, she has applied for the ability to care for one more resident. By having the ability to provide for three residents, Ms. Skalsky will be able to generate enough additional income to pay her son, Francisco and Nurse Michael more competitive pay and to get beyond "just paying her bills" as she barely does now. If the Board denies Ms. Skalsky's application she will lose her only source of income and two local residents will also lose a source of their income. A VARIANCE MAY BE GRANTED WITHOUT DETRIMENT TO THE PUBLIC GOOD OR NEIGHBORHOOD Ms. Skalsky's assisted living facility does not substantially harm the neighborhood. Although there is a slight increase in traffic, there are no other outward signs that Ms. Skalsky operates in her home. The additional traffic created at the premises is no more and probably less than a home with two or three teenagers. The Nurse comes by twice a day, in the morning and evening, Ms. Skalsky's son arrives for the evening shift and Ms. Skalsky provides care from the early morning to evening. At this time only one of the residents has regular, usually daily, visits from her family members. Ms. Skalsky welcomes and encourages the residents' family members to visit at any reasonable time of the day. However no unusual, unsafe or heavy traffic is created by the facility. Premises has no outward signs that an assisted facility exists. There are, and will be, no signs posted. The only minor change in the outward appearance to the house will be the f :r installation of a ramp for handicap access and egress. A ramp is required by the EOEA for licensure and will provide an important safety feature to the residents. The very nature of a small assisted living residence like the subject premise is a quiet and unassuming. Since Loving Care shows 'no significant outward signs of its purpose and by its very nature must be quiet, no detriment would be caused to the neighborhood by granting this variance. Ms. Skalsky provides a service to local residents that is in the public interest. Cape Cod has a large population of senior citizens. When the elderly can no longer care for themselves they must move either to an assisted living facility, a nursing home or in with their families. Ideally, all of us when we reach a point in our lives and age that we can no longer live on our own we would move in with family. However, because of our modern life styles of other reasons, families cannot always provide for their elderly members. For this reason, assisted living facilities provide care for our elderly. Most assisted living facilities are quite large, some are not affordable and few are like living with family. Ms. Skalsky's home is like living with family. Ms. Skalsky and her staff treat the residents like members of their family and provide a nurturing, familiar and homey environment that is missing in many larger facilities. Such small assisted living facilities should be encouraged as they provide care and nurturing to our elderly citizens." Therefore the good provided by Ms. Skalsky's facility far outweighs any detriment or minor impact to the neighborhood presently protected by the Town's zoning by-laws. CONCLUSION By granting a variance to Ms. Skalsky the good to the community provided by her service will far outweigh any to the actual purpose of the applicable Zoning by-law. Thus: We respectfully request a variance that would allow Ms. Skalsky to provide assisted living to no more than three elderly residents provided she meets the standards as set forth by the Massachusetts Executive Office of Elderly Affairs and all local health and safety requirements for as long as she or her family operate such a facility. Respectfully submitted Francisca Laura Skalsky By her attorney, David P.H. Leitner The legislature has clearly stated it is in the public's interest when granting special permits. G.L. c. 40A § 9(see footnote i). Z.B.A.Meeting—March 29,2000 Public Comment: No one spoke in favor or in opposition to these appeals. Some Board Members felt they would like to take all the information submitted under advisement and continue these appeals one last time. The Board decided to continue Appeal Number 1999-24 and 1999-25 to May 10. Appeal Number 1999-24 and Appeal Number 1999-25 are continued to May 10,2000 at 7:30 PM. NOTE: Board Member Richard Boy stepped down. NEW BUSINESS: Appeal Number 2000-25 Skalsky(Loving Care Assisted Living) Board Members hearing this appeal were Gene Burman,Ron Jansson,Gail Nightingale,Dan Creedon,and Chairman Emmett Glynn. Attorney David P.H.Leitner represented the applicant,Francisca Laura Skalsky,who was present. Board Member Dan Creedon disclosed that he tried a case in his private law practice with the applicant's attorney however,that case is over now and Mr. Creedon did not feel this represented a conflict.Both the Board Members and Attorney Leitner agreed that this disclosure would not constitute a conflict. A memorandum was previously submitted to the file by Attorney Leitner and all Board Members have received it. Attorney Leitner explained the applicant owns the property in issue and about two years ago opened up an assisted living center for the elderly. She did not understand the zoning process and was unaware that she could be violating zoning. When Ms. Skalsky applied to the Commonwealth's Executive Office of Elderly Affairs("EOEA")to become licensed,she found out she was in violation from a zoning perspective. As background,Ms. Skalsky has worked with the elderly for the past 15 years-only recently in her home. The residents that live there are in their 80s or above and some have advanced stages of Alzheimer's. They need constant care with food,clothing,laundry,etc. Although not licensed,Ms. Skalsky is under the guidance of the "EOEA"and meets almost all their guidelines:she needs a handicapped ramp and approval by the Town before she can get approval from the"EOEA". If someone houses more than 2 elderly people in their home,they need a license from the State which is why Ms. Skalsky applied to the"EOEA"for a license. The applicant was before Site Plan Review on December 30, 1999 and the site plan was found approvable subject to certain conditions. Those conditions are:(1)compliance with Title V based upon number of bedrooms,(2)submit the plot plan delineating the parking stalls,(3)submit a floor plan with scaled dimensions,(4)provide a written estimate for the installation of a fire suppressant system and hard wire smoke alarms. All those items were done and submitted to the Building Department. Ms. Skalsky took the food handlers training course offered by the Town. She failed the written exam but is scheduled to retake the test and course on April 2nd. The new food code will go into effect on October 1,2000 and a food service permit holder will have one year to comply with the new regulations. This testing is required by the Town and by"EOEA". Attorney Leitner reported that Ms. Skalsky and her son run the facility and they are both licensed by the state to give care to the elderly. There is a LPN that comes to the home twice daily to administer medication. If medical care is needed,the resident would be transferred to a nursing home. From the outside,the house looks like any "regular"home with no outward signs that an assisted facility exists. There are,and will be,no signs posted. The only minor change to the outward appearance to the house will be the installation of a ramp for handicapped access and egress. This situation is very unique. There are very few small assisted living facilities licensed by the state. Generally; assisted living facilities are large buildings-not personal small homes. Ms. Skalsky is providing a service to local residents of the community. Ms. Skalsky and her staff treat the residents like members of their family and provide a nurturing and familiar environment 24 hours a day. There is a great benefit in that the residents are close to their family who can visit them regularly. 4 l � P Z.B.A.Meeting—March 29,2000 The applicant is seeking permission to house three residents in this three-bedroom home. One bedroom would be occupied by the owner,one bedroom would be for a single use,and the last bedroom would be for a double occupancy. While the Board felt sympathetic and understood the need for,and the reason behind,the Variance request-the Zoning Board of Appeals must adhere to MGL Chapter 40A. They asked Attorney Leitner to substantiate those conditions unique to this lot that justify the granting of a Use Variance. Specific conditions pursuant to MGL Chapter 40A, Section 10 must be demonstrated before a Variance can be granted. Attorney Leitner told the Board that affordable assisted living is not that available in this town and to fail to grant this use would be to fail the senior citizens in this town. This use is limited and does not detract from the neighborhood. These are local people who lived in the community and need some place to go while still living in a home-like environment. Ms. Skalsky treats the people in this home like a member of her own family. The locus is located in the RC Residential C Zoning District which does not allow the renting of rooms. A lodging house use is not allowed. The Board told Attorney Leitner that he should be approaching the Town Council to try to change the zoning in this area since they are the legislative branch of government for the Town and only they can change the zoning. The Zoning Board can not change the zoning district. There are strict criteria for the granting of a Use Variance and those criteria have not been met. " If Ms.Skalsky limits her facility to two people, she would not need to be a licensed facility by the State under "EOEA"Regulations,however, she would still need a license from the State to give the care. She would still need zoning relief for the renting of rooms. Building Commissioner Ralph Crossen addressed the Board. He visited the facility and found the"primary use"is the assisted living use with the single family use being secondary. From the outside,it does appear to be a single family home but inside the assisted.living use takes over. Most of the operation happens on one level so there no issue as to separate floors. This situation came to the Building Department's attention when Ms. Skalsky asked for a sign,off on the"EOEA"forms from the state. The Building Commissioner would not sign the paper work because,in his opinion,the assisted living use was the primary use and that use would need a Variance. The building code allows for renting of rooms in a single family home,but the Zoning Ordinance does not allow renting of rooms in this zoning district. As far as cars and/or parking on site. There are a limited number of cars on the site on any given time. Usually, there is only the owner's car and maybe one or two visitors. The residents do not drive or own cars. Public Comment: Ted Silva,an abutter,reported there are always cars in the yard. Although he understands there is need for this type of housing,he is afraid the grant of this Variance would set a precedence. John,Petercuskie lives next door and stated that Ms. Skalsky is a wonderful person and would not mind this one home but is worried that this will change the area to a commercial area. This is a quiet residential area. Plus,he indicated there is a parking problem. Lloyd Archibald reported that his wife,Edith,is a resident in this house where she is getting loving care from a kind person and he would not like to see the home closed down. Elaine Rautenberg,a direct abutter,questioned if this would affect the value of her property. She also stated that there are cars in the yard all the time. No one else spoke in favor or in opposition to this appeal. FINDINGS: Gene Burman With reference to Appeal Number 2000-25,the following are the findings of fact: 1. The applicant is Francis L. Skalsky. The property address is 94 Monomoy Circle,Centerville,MA,as shown on Assessor's Map 190,Parcel 194. The site is 0.35 acres,located in the RC Residential C Zoning District and the AP Aquifer Protection Overlay District. 2. The applicant is seeking a Variance to Section 3-1.3(l)Principle Permitted Uses-Single Family Dwelling-to allow an assisted living facility,"Loving Care",for three Alzheimer patients. 3. The facility has submitted an application with the Commonwealth's Executive Office of Elderly Affairs "EOEA"that requires the applicant to comply with local zoning which is why the applicant is seeking this relief before the Board. 4. The property is located within a single family neighborhood. , . 5 Z.B.A.Meeting—March 29,2000 5. The site is developed with a one story dwelling having three bedrooms and 2 full bathrooms. 6. The applicant was before Site Plan Review on December 30, 1999. The site plan was found approvable subject to the following conditions: • Compliance with Title V based upon number of bedrooms. • The applicant shall delineate parking stalls on a plot plan. • The applicant shall submit a floor plan with scaled dimensions. • The applicant shall provide a written estimate for the installation of a fire suppressant system and hard wire smoke alarms. 7. The use of this property as an assisted living facility would be unique in that the rest of the neighborhood is all single family and this is something that is needed in the area. 8. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 9. No reference is made to Variance Conditions pursuant to MGL Chapter 40A, Section 10. Seconded by Gail Nightingale VOTE: AYE: Gene Burman,and Chairman Emmett Glynn NAY: Dan Creedon,Ron Jansson,and Gail Nightingale MOTION: Gene Burman Based on the findings of fact,a motion was made to grant the relief being sought in Appeal Number 2000-25 subject to the following conditions: 1. Use of the dwelling is limited to an elderly assisted living facility housing no more than three(3)persons at any one time plus the owner's family residing there in. 2. The facility must have and maintain all required state and local licensing. 3. The building shall be outfitted with a hardwired smoke detection system as approved by the Centerville, Osterville,Marston Mills Fire Department. 4. No additional footprint or building area shall be permitted without prior consent of the Zoning Board. 5. This use variance is not transferable. When the use ceases or the property is transferred from the present owner,the use shall revert back to a single family dwelling. 6. The owner will additional parking as required by Site Plan Review. 7. The owner will be licensed by"EOEA". Seconded by Gail Nightingale VOTE: AYE: Gene Burman,and Chairman Emmett Glynn NAY: Dan Creedon,Ron Jansson,and Gail Nightingale Mr.Creedon stated he voted in the negative because no Variance Conditions were demonstrated. There are zoning districts in the Town where this use is allowed and this in not one of those districts. He praised Ms. Skalsky's work. Mr.Jansson stated,although the need is there,no Variance.Conditions were demonstrated. He felt the most appropriate relief would be through Town Council. Mrs.Nightingale stated,although she felt bad,this use is not allowed and Town Council should adopt an Ordinance that will allow this type of use. ORDER: Appeal Number 2000-25 is not granted and therefore denied. OLD BUSINESS: Appeal Number 2000-12 Sydney Board Members hearing this appeal were Gene Burman,Gail Nightingale,Ron Jansson,Tom DeRiemer,and Chairman Emmett Glynn. This appeal was continued from February 02,2000. At the start of this hearing,Chairman Emmett Glynn read a letter,received March 28,2000,from Robert Sydney which states,"Please be advised that I hereby withdraw the above referenced appeal." 6 Z.B.A.Meeting—March 29,2000 MOTION: Gail Nightingale Per request of the applicant,a motion was made to allow Appeal Number 2000-12 to be Withdrawn. Seconded by Tom DeRiemer VOTE: AYE: Gene Burman,Gail Nightingale,Ron Jansson,Tom DeRiemer,and Chairman Emmett Glynn NAY: None ORDER: k Appeal Number 2000-12 has been Withdrawn. 4 NEW BUSINESS: Appeal Number 2000-26 Conlin Board Members hearing this appeal were Gene Burman,Gail Nightingale,Ron'Jansson,Richard Boy, and Chairman Emmett Glynn. Attorney Theodore A. Schilling represented the applicant,James M.Conlin,who was present. A memorandum was previously submitted to the file by Attorney Schilling and all Board Members have received a copy. Attorney Schilling indicated that this property was granted a Variance in 1978 based on a similar site plan and the variance conditions have not changed since that time. The topography has not changed. Public Comment:Dennis Valente,an abutter,submitted photographs to the file which show a step slope with wetlands in the back of the lot in issue. He is in opposition to this appeal. Patrick Brown was concerned about the wetlands. No one else spoke in favor or in opposition to this appeal. For clarification: The Board told the abutters that even if this Variance is granted for bulk regulations,the applicant must still comply with Board of Health and Conservation Regulations. Attorney Schilling reviewed the appeal before the Board. He explained in 1978,under Appeal Number 1978-57, the Zoning Board of Appeals granted a variance from the minimum lot size requirement to allow these two lots to be considered as two buildable lots. However,that variance was not exercised within the required time-frame. The applicant is before the Board again seeking a variance for two lots of the same exact square footage but in a slightly different configuration. The center line between the two lots has been changed to be more compatible with the development of the lot. The same.Variance Conditions exist now as existed in 1978. The houses that will be built , on these two lots will be controlled and regulated by the Board of Health and the Conservation Commission. As to Variance Conditions pursuant to MGL Chapter 40A, Section 10,there is a hardship in that the Petitioner, James M. Conlin,suffered a heart attack and had by-pass surgery. There are topographical conditions unique to the lots which create a hole located between the two lots,leading to the rear of the lot. To require the Petitioner to conform to a different lot size than other lots in the neighborhood,would impose a hardship upon the Petitioner. Because many of the lots in this area are similar in size and the prior granting of the variance under the same conditions,the granting of the relief would not be in derogation of the spirit and intent of the Zoning Ordinance and would not cause substantial detriment to the neighborhood: Some of the abutters are upset because they want to keep this lot as vacant open space however that is not fair to the Petitioner. Attorney Schilling again stressed that the applicant will abide by all Board of Health and Conservation Commission Regulations. FINDINGS r ' Richard Boy With reference to Appeal Number 2000-26,the following are the findings of fact: 1. The applicant,James M.Conlin,is seeking a Variance to Section 3-1.4(5)Bulk Regulations-Minimum Lot Size. The Property Address is 27 and 59.Bob White Run,Cotuit,MA as shown on Assessor's Map 024,Parcels 7 . , FILE COPY ONLY! NOT RECORDED AT REGISTRY OF DEEDS BARXIAML MIJ" Md Town of Barnstable Zoning Board of Appeals -- Decision and Notice .�L Skalsky -Appeal Number 2000-25 Use Variance to Section 3-1.3(1) Principle Permitted Uses Summary: �Fa niedApplicant: cis L. Skalsky(Loving Care Assisted Living) Property Address: 94 Monomoy Circle,Centerville,MA Assessor's Map/Parcel: Map 190, Parcel 194 Area: 0.35 acre Zoning: RC Residential C Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The applicant, Francis L. Skalsky, is seeking a Variance to Section 3-1.3(1) Principle Permitted Uses- Single Family Dwelling-to allow an assisted living facility, "Loving Care", for 3 Alzheimer patients. The facility is licensed by the Commonwealth's Executive Office of Elderly Affairs that also requires the applicant to comply with local zoning. The property is located within a single family neighborhood to the west of Old Stage Road. The lot is 0.35 acres and is developed with a one story dwelling of 1,230 sq.ft. and an attached garage of 330 sq.ft. According to the Assessors Records, the dwelling has three bedroom and 2 full bathrooms. The structure was built in 1974 and the applicant purchased the property.in 1997. The applicant's representative ,Attorney David Leitner, was before Site Plan Review Committee on December 30, 1999. The site plan was found approvable subject to conditions. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on February 08, 2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 29, 2000, at which time the Board denied the requested relief. Hearing Summary: , Board Members hearing this appeal were Gene Burman, Ron Jansson, Gail Nightingale, Dan Creedon, and Chairman Emmett Glynn. Attorney David P.H.Leitner represented the applicant, Francisca Laura Skalsky, who was present. A memorandum was previously submitted to.the file by Attorney Leitner. Attorney Leitner explained the applicant owns the property in issue and about two years ago opened up an assisted living center for the elderly. When Ms. Skalsky applied to the Commonwealth's Executive Office of Elderly Affairs("EOEA")for a license, she discovered she was in violation of zoning. Attorney Leitner explained that the residents that live with Ms. Skalsky are in their 80s or above and some have advanced stages of Alzheimer's. They need constant care. Although not licensed, Ms. Skalsky is under the guidance of the"EOEA" and meets almost all their guidelines. Ms. Skalsky and her son run the facility and they are both licensed by the state to give care to the elderly. There is a LPN that comes r Town of Barnstable-Zoning Board of Appeals-Decision and Notice Skalsky-Appeal Number 2000-25 Use Variance to Section 3-1.3(1)Principle Permitted Uses to the'home twice daily to administer medication. If medical care is needed, the resident would be transferred to a nursing home. From the outside, the house looks like any"regular" home with no outward signs that an assisted facility exists. There are, and will be, no signs posted. The only minor change to the outward appearance to the house will be the installation of a ramp for handicapped access and egress. The applicant was before Site Plan Review on December 30, 1999 and the site plan was found approvable subject to certain conditions. Those conditions were all met and submitted to the Building Department as required. Ms. Skalsky took the food handlers training course offered by the Town. She failed the written exam but is scheduled to retake the test April 2nd. A new food code will go into effect on October 1, 2000 and a food service permit holder will have one year to comply with the new regulations. This testing is required by the Town and by"EOEA". This situation is very unique. There are very few small assisted living facilities licensed by the state. Ms. Skalsky is providing a service to local residents of the community. Ms. Skalsky and her staff treat the residents like members of their family and provide a nurturing and familiar environment 24 hours a day. There is a great benefit in that the residents are close to their family who can visit them regularly. The applicant is seeking permission to house three residents in this three-bedroom home. One bedroom would be occupied by the owner, one bedroom would be for a single use, and the last bedroom would be for a double occupancy. While the Board felt sympathetic and understood the need for, and the reason behind, the Variance request however the Board must adhere to MGL Chapter 40A. They asked Attorney Leitner to substantiate those conditions unique to this lot that justify the granting of a Use Variance. Attorney Leitner cited affordable assisted living and that the limited nature of the use does not detract from the neighborhood. Again the Board cited that there are strict criteria for the granting of a Use Variance and those criteria have not been met. Building Commissioner Ralph Crossen addressed the Board and stated that he visited the facility and found the"primary use" is the assisted living use with the single family use being secondary. From the outside, it does appear to be a single family home but inside the assisted living use takes over. Public Comment: Ted Silva, an abutter, reported there are always cars in the yard. Although.he understands there is need for this type of housing, he is afraid the grant of this Variance would set a precedence. John Petercuskie lives next door and stated that Ms. Skalsky is a wonderful person and would not mind this one home but is worried that this will change the area to a commercial area. Lloyd Archibald reported that his wife, Edith, is a resident in this house where she is getting loving care from a kind person and he would not like to see the home closed down. Elaine Rautenberg, a direct abutter, questioned if this would affect the value of her property. No one else spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of March 29, 2000, the a the following findings of fact as related to Appeal No. 2000-25 were made and seconded: 1. The applicant is Francis L. Skalsky. The property address is 94 Monomoy Circle, Centerville, MA, as shown on Assessor's Map 190, Parcel 194. The site is 0.35 acres, located in the RC Residential C Zoning District and the AP Aquifer Protection Overlay District. 2. The applicant is seeking a Variance to Section 3-1.3(1) Principle Permitted Uses-Single Family Dwelling -to allow an assisted living facility, "Loving Care", for three Alzheimer patients. 2 G Kw Town of Barnstable-Zoning Board of Appeals-Decision and Notice Skalsky-Appeal Number 2000-25 Use Variance to Section 3-1.3(1)Principle Permitted Uses 3. The facility has filed an application with the Commonwealth's Executive Office of Elderly Affairs "EOEA"that requires the applicant to comply with local zoning which is why the applicant is seeking this relief before the Board. 4. The property is located within a single family neighborhood. 5. The site is developed with a one story dwelling having three bedrooms and 2 full bathrooms. 6. The applicant was before Site Plan Review on December 30, 1999. The site plan was found approvable subject to the following conditions: • Compliance with Title V based upon number of bedrooms. • The applicant shall delineate parking stalls on a plot plan. • The applicant shall submit a floor plan with scaled dimensions. • The applicant shall provide a written estimate for the installation of a fire suppressant system and hard wire smoke alarms. 7. The use of this property as an assisted living facility would be unique in that the rest of the neighborhood is all single family and this is something that is needed in the area. 8. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 9. No reference is made to Variance Conditions pursuant to MGL Chapter 40A, Section 10. The vote was as follows: AYE: Gene Burman, and Chairman Emmett Glynn NAY: Dan Creedon, Ron Jansson, and Gail Nightingale Decision: Based on the findings of fact, a motion was duly made and seconded to grant the relief being sought in Appeal No. 2000-25, subject to the following terms and conditions: 1. Use of the dwelling is limited to an elderly assisted living facility housing no more than three (3) persons at any one time plus the owner's family residing there in. 2. The facility must have and maintain all required state and local licensing. 3. The building shall be outfitted with a hardwired smoke detection system as approved by the . Centerville, Osterville, Marstons Mills Fire Department. 4. No additional footprint or building area shall be permitted without prior consent of the Zoning Board. 5. This use variance is not transferable. When the use ceases or the property is transferred from the present owner, the use shall revert back to a single family dwelling. 6. The owner will additional parking as required by Site Plan Review. 7. The owner will be licensed by "EOEA". The vote was as follows: AYE: Gene Burman, and Chairman Emmett Glynn NAY: Dan Creedon, Ron Jansson, and Gail Nightingale Mr. Creedon stated he voted in the negative because no Variance Conditions were demonstrated. There are zoning districts in the Town where this use is allowed and this in not one of those districts. Mr. Jansson stated, although the need is there, no Variance Conditions were demonstrated. Mrs. Nightingale stated that this use is not allowed. 3 r Town of Barnstable-Zoning Board of Appeals-Decision and Notice Skalsky-Appeal Number 2000-25 Use Variance to Section 3-1.3(1)Principle Permitted Uses Order: Appeal Number 2000-25 is not granted and therefore denied. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this ay of , ?o-,27 o under the pains and penalties of perjury. j a Linda Hutchenrider, Town Clerk . 4 RefNo ."mappar ownerl owner2 addr city state zip Y 2$ 190 179 HOWE, ANNE CROSS 71 WOODVALE LANE CENTERVILLE MA 02632 '� 6 190 180 -ABEL, BARBARA H 79 WOODVALE LN CENTERVILLE MA 02632✓ ! 190 181 RAUSEO, ANTHONY R 80 WOODVALE IN CENTERVILLE MA 02632✓ f 190 182 SUMMERS, ELIZABETH & SAPOROSCHETZ, ALEXANDER 21 TAMMER LN HOPKINTON MA 01748✓ 0190 183 GORDON, CAROL ANN 54 WOODVALE LN CENTERVILLE MA 02632✓ 0190 194 SKALSKY, FRANCISCA L 94 MONOMOY CIR CENTERVILLE MA 02632✓ 16190 195 DUPUIS; MARC & JILL 8 RIDGEWOOD DRIVE E SANDWICH MA 02537 ✓ a 190 196 MOY, IRWIN C & GRACE Y 30 PAMELA RD FRAMINGHAM MA 01701 ✓ 190 197 BROMAN, ERIK W 61ST FED SVGS & LOAN P 0 BOX 1330 HYANNIS MA ,02601✓ M1190 198 BARTHELMEUS, KURT M BARTHELMEUS, DORIS J 54 MONOMOY CIRCLE CENTERVILLE MA 02632 19.0 210 LABER, JASON R & JENNIFER M 87 CHANDLER DR MARSHFIELD MA 02050� 0 190 211 PARISI, LOLA A 284 MONOMOY CIR CENTERVILLE MA 02632✓ �r 190 212 EVANS, ANNETTE E 308 MONOMOY CIRCLE CENTERVILLE MA 0263'✓ I6190 213 BUONOPANE, DONNA M 81 MONOMOY CIR CENTERVILLE MA 026- 190 214 RAUTENBERG, ELAINE 91 MONOMOY CIRCLE CENTERVILLE MA 02632 ✓ 4 190 258 BELANGER, STEVEN R 559 OLD STAGE ROAD CENTERVILLE MA 02632 ✓ 16191 002 002 BARNSTABLE LAND TRUST INC P 0 BOX 224 COTUIT MA 02635 ✓ 191 002 003 LEONARD, TIMOTHY & CAROLE 561 OLD STAGE RD CENTERVILLE MA 02632 ✓ 191 003 BRADY, JEAN S 575 OLD STAGE RD CENTERVILLE MA 02632 ✓ ♦ 191 004 NEAL, PHILIP & CLARE D TR NEAL NOMINEE TRUST 610 ROYAL TERN DR BAREFOOT BAY FL 32976 ✓ a 191 198 WRIGHT, JOHN H CATHY M WRIGHT 134 MONOMOY CR CENTERVILLE MA 02632 ✓ 191 199 OBRIEN, JOAN M TRS BACCHIOCHI REALTY TRUST 124 MONOMOY CIRCLE CENTERVILLE MA 02632 ✓ A 191 200 VANSCOY, JAMES:J JR TINA G VANSCOY 114 MONOMOY CIR CENTERVILLE MA 02632 ✓ 191 201 PETERCUSKIE, JOHN S & PETERCUSKIE, DOROTHY 104 MONOMOY CIRCLE CENTERVILLE MA 02632 ✓ 191 202 SILVA, THEODORE & MARYELLEN 101 MONOMOY CIR CENTERVILLE MA 02632 �► 191 203 NIEMI, ONNI & LILIAN 111 MONOMOY CIRCLE CENTERVILLE MA 02632 ✓ v 191 204 ORMSBY, RONALD E 121 MONOMY CIRCLE CENTERVILLE MA 02632 ,e 0 191 205 DESMOND, DOROTHY J 131 MONOMOY CIRCLE CENTERVILLE MA 02632 ✓ V 191 210 MASON, RICHARD K & MASON, KATHLEEN H 224 MONOMOY CIRCLE CENTERVILLE MA 026" 0 191 212 LINDBLOM, VICTOR E & ANN E 238 MONOMOY CIR CENTERVILLE MA 0263,c 6 191 213 DOWMAN, WILLIAM R & ALICE E 248 MONOMY CIR CENTERVILLE MA 02632 0 191 214 MCCLANE, MEREDITH 258 MONOMOY CIR CENTERVILLE MA 02632/ 2 cW OF APPEMS No m ew ri Tb aN persorrs,wareaW l".or a%cW by"Boa;;of Appeals.wWW Sec.11 of Chapter 40A of the General Laws of the C4nVnonwagjthof k4MWD&AMft and ON O"WWMWft thereto you are hereby notified that 1Jhmiw 2024 7:30 PM CNda 00.for a ModBCatlon of an exin9 �CMflds has spOW to the Zoning Board of Appeals Variance pursuant to MGL 4C`•Section 14 to slow rem IRCM m Of +�hk�wOrddprorWed�teQracat sarvic�to►eQ�cea p Galas roan and retail bookstore.The property a shown onA rs Map 50.Par tarl in an RD-i1 end is conrnonly addressed as 1047 Falmouth Rood/Route 26.Hyannis, Residentld RD-1 Zoning Distrba Appeal Mxnber 2000,25 IS rends L Skalsky 0rovtrig Care Assisted Lhring)hashes applied too ft Z�o�g Board of Appals F fo►a Liss Variance to Section 3.1.3(s)Principle Pen*Mid 1Jsea to provide an aaaisced 0*9 tome for the skim*for Mr. than threa(3)persona. The SPOIoant Is licensed by the Comrnorhweehli'a Executive Offecs of�derly Atfaira. The property to shown on Asessoes Map 190.Parcel t94 and hs conxnorly addressed as 94 Mahon�oy Cols.Centervi9e.MA in an RC Residar"C ZonWq District. 8:30 PM .Conlin Appeal Nhanber 2000.26 Variance to Section 3• Jam"M.Corl►n has appbed to the ZonbV Board of Appeals t.4(5)Bulk P4WWt cns. The Variance is requested from t ie area mWirement s for two(2) undersized bta The property is shown on Assessors Wisp 024.Pufoels 052 and 053 and comrnordy addressed as 27 and 59 Bob WMs Run.CobA MA in an RF Residential F Zaeng DWjicL 8:45 PM Nwyi r 2000.27 .John �Pamels C.Egan have paWdoned to the Zoning Board of Appeals for a Special Pemhlt pursuant to Section 4.1.20)Special Permit RaWtred/Certmln Accessory Uses for two(2)putting greatrar and two(2)accessory bok*Vs(a arrial water and hrgattort truil*V end a pump house)to be located on lots brKnedi m*scross the road from the pAntlpai use. The property is shown on Assessor's Map 034. Percale 063 and 064 and y addressed as 37 Bluff Point Drive and 69 Mff Point Drive.Cotuft.MA in an RF Rssdentlal F Zoning Distriet. These Public Hsarilhgs vA be hold in the Hearing Room:Second Floc.Town Hap,367 Main entreet b asins on Wednesdiry.March 29.2000. Al plans and Opplcationa may be reviewed at the Zoning Board of Appeals�fise.Town of Barnstable, Plant" Department,230 South Street.Hyannis.MA Emrnett Ghl .chairman Zon"Board of Appeals The Barnstable Palriet March 9 it Marl+16.2000 a ye �_ Town of BarnstablePAX Planning Department Staff Report Skalsky-Appeal Number 2000-25 Use Variance to Section 3-1.3(1) Principle Permitted Uses Date: March 23, 2000 To: Zoning Board of Appeals From: Approved By: Robert P. Schernig, AICP, Planning Director Art Traczyk, Principal Planner Applicant: Francis L. Skalsky(Loving Care Assisted Living) Property Address: 94 Monomoy Circle, Centerville, MA Assessor's Map/Parcel: Map 190, Parcel 194 Area: 0.35 acre Zoning: RC Residential C Zoning District Groundwater Overlay: AP Aquifer Protection District Filed:February 08,2000 Hearing:March 29,2000 Decision Due:May 18,2000 Variance Request: The applicant, Francis L. Skalsky, is seeking a Variance to Section 3-1:3(1) Principle Permitted Uses-Single Family Dwelling -to allow an assisted living facility, "Loving Care", for 3 Alzheimer patients. The facility is licensed by the Commonwealth's Executive Office of Elderly Affairs that also requires the applicant to comply with local zoning. Background:. The property.is located.within a single family.neighborhood to the west of Old Stage Road. The lot is 0.35 acres and is developed with a one story dwelling of 1,230 sq.ft. and an attached garage.of 330 sq.ft. According to the Assessors Records, the dwelling has three bedroom and 2 full bathrooms. The structure was built in 1974. The applicant purchased the lot in 1997 and has been operating an Alzheimer assisted living facility within the dwelling. The applicant's representative , Attorney David Leitner, was before Site Plan Review Committee on December 30, 1999. The site plan was found approvable subject to 4 conditions (see attached February 04, 2000 letter from Building Commissioner and Site plan review minutes of December 30, 1999). Those conditions are: 1. Compliance with Title V based upon number of bedrooms. 2. The applicant shall delineate parking stalls on a plot plan. 3. The applicant shall submit a floor plan with scaled dimensions. 4. The applicant shall provide a written estimate for the installation of a fire suppressant system and hard wire smoke alarms. Staff Review: The applicant has submitted a plan showing an expanded "proposed gravel driveway" to the north of the existing paved driveway and home (see attached driveway plan). No dimensions were identified but it appears to be some 13 to 14 feet wide gravel pavement along the dwelling and 9 additional feet at the driveway entrance. No parking stalls were identified, however, staff would estimate that 4 cars might be accommodated outside and 1 car within the garage. Town of Barnstable-Planning Department-Staff Report Skalsky-Appeal Number 2000-25 Use Variance-Section 3-1.3(1)Principle Permitted Uses _ The applicant has submitted a dimensioned floor plan as required at Site Plan Review(see attached floor plan). The plan shows three bedrooms, two bathrooms, a living &dining room, kitchen and a garage. The applicant should be prepared to address the other items required by Site Plan Review, specifically; • that the on-site septic is in compliance with Title V and • written estimates for the installation of a fire suppressant system and hard wire smoke alarms. The Planning Department, Zoning Board of Appeals Office has received some phone calls related to this appeal. Those calls cited the need for off-street parking for employees, visitors and care givers. Also noted was the need for some type of fire warning and suppression system. The property is zoned RC Residential C Zoning District, which is one of the more restricted residential zoning districts. That district does not permit renting rooms to lodgers nor does it allow for home occupation by special permit. Variance Findings: In consideration for the Use Variances, the applicant must substantiate those conditions unique to this lot that justify the granting of the relief being sought. In granting of the Variance the Board must find that: • unique conditions exist that affect the locus but not the zoning district in which it is located, • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and • the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Suggested Conditions: If the Board should find to grant the requested Use Variance, they may wish to consider the following conditions: 1. Use of the dwelling is limited to an elderly assisted living facility housing no more than three (3) persons at any one time plus the owner's family residing there in. 2. The facility must have and maintain all required state and local licensing. 3. The building shall be outfitted with a hardwired smoke detection system as approved by the Centerville, Osterville, Marstons Mills Fire Department. 4. No additional footprint or building area shall be permitted without prior consent of the Zoning Board. 5. This use variance is not transferable. When the use ceases or the property is transferred from the present owner, the use shall revert back to a single family dwelling. Attachments: Applications Copies: Petitioner/Applicant Driveway Plan Floor Plan Assessor's Field Cards GIS Map February 04,2000 letter from Building Commissioner Site Plan Review minutes of December 30, 1999 2 0 Tom O �RC1CTSZtT.� - zoning Board of Appeals cation to petition for a variance- 0 d C `' ✓� Date Received` `r_ L 9 Itf, A For office use ` ►� Town clerk office. appeal Oa10 ` " 8 Hearing Date AZRI OWN ;. Deafsfon Due s D� The undersigned hereby appli t d of Appeals for a variance. from the 8oniag ordinance, is the.Mazwer XOr, reasons hereinafter not forth: Petitioner name: �irVC/S c' s � LS�IY , pb.. Petitioner Address: 1 T d�<Sit�i��t D f��l•��G f, �Gt �2 u�c c s, llt� 00.7 G S.Z Property Location: sd�Xs+'a Property owner: Mle , Phone Address of owner: ,Zf petitioner ds ffera tram o"_- , state Mare of Interests Number of. Years owned: Assessor,* Map/Pero%/ number.. 8 District.- . az Groundwater overlay District.- variance Requested:, :. "' C ' '.�iiDC�oia e, �EiE�r�I-7€,a cfte section t ritle of the zoning Osdfnance Description of variance Requested: PwoJror 'Oki zir/r.,vi Awe ;Ca-2 vvc Ez p"L soo-, Ciee'vrez) • rdY �f .�G�sl�ivNg�cTN�f E'xKuTiy� ���tE o�fcO�t Y.�r.�ier, �/o��.�� i�y�'��e. Description of the Reason and/or Need for the variance: rUW-"ry/yEFD i �li0X04is//�, We.- T6 '�tDE.�P�� fs�G��/•+.v rr= 17i�/. r/.Vi�y� Coiwo� no<cr� F�.ro ArnerwG Zo of l or �W AWE ; .J ee y jd!fGi fF Q/it L f'fie(ef THE/ifidt it foDB< Description of construction Activity. (if applicablej: —L1AW-11--limo �/j�1� 7-0 Bzistiag Level of Development of the Property - number of Buildings: Present use(s j: fl�Of�r�E , Gross Floor Area; sq.ft. proposed Gross Floor Area to be Added: /Vfiiy , Altered: i(/rA/y_- 2s this property subject to any other relief (variance or special Permit) from T the Zoning Board of Appeals? Yes [] No . .If Yes., please List appeal numbers or applicants name Application to Petition for a variance Is the property within a Historic District? Yes [] No Q� Is the property a Designated Landmark? - Yes ['] go � For Historic Department use only: Not Applicable ....:.. oKS Plan Review Number Date Approved signature: Have you applied for & -building permit? . Yes •[) No .Has the Building Inspector refused a permit? Yes [) No J All applications for a variance which proposes a cage in use, new construction, reconstruction,. alterations or expansion, except for,single or two-family dwellings, will require an approved site Plan (see section 4 7.3 of the Zoning ordinance) . That.process should be completed . submitting this application to the Zoning Board of Appeals-. Dior to For Buildina Department use Onlvs Not Required ...........•...... [) Site.Plan Review Number Date Approved signature: The followings information must be submitted with the .petition at the time of filing, without such information the Hoard of Appeals request: may dewy your Three (3) copies of the. completed Application Form, each with original signatures. Five .(5) copies of a Certified property survey (plot per) swing the dimensio. as of the lead, all wetlands, water bodies surrounding roadways and the location of the ~ th& land. - existing improvements on the. laad. All proposed propo development activities, except single and two-family housing development, will require five M copies of a proposed site improvements plan approved by the Site Plan Review Committee. This plan mast show the exact 'location of all proposed improvements and alterations on the land and to structures. see "Contents of site Plant" Section- 4-7.3 of the Zoning ordinance, for detail requirements. - .The petitioner may submit any additional supporting documents to assist the Board in making its determination. signature: `✓ Date: t4 et.ftioner or Agrent•s S3 tune l:?Oria P!f C e,,;, V ,C f /S Agent•s Address: /�.Q, pX XQ`71 ', �� 1►.� Phone: (Sof- Property Location: 94 MONOMOY CIRCLE CENT MAP ID: 190/194/ Vision ID: 13272 Other ID: Bldg#. 1 Card 1 of 1 Print Date:03/14/2000 OL t, ,rMASLIaL 1.0escription Co-de—Ap-p—ralsea ralue Assessea ralue %SKALSKY,FRANCISCA L 801 4 MONOMOY CIR RESEDNTL 1010 69,0010 69,00 ENTERVILLE,MA 02632 Barnstable 2000,MA RWRT . '. ' .<Account ff 11.331A Plan Tax Dist. 300 Land Ct# er.Prop. #SR VISION Life Estate DL 1 36 Notes:. DL 2 IS ID: o , „` gar: x a a . v rr,� ...,t.�+ �. .z.. �e w �fln.a �t amp¢ sa.�� v r,�l 'tz +ra .� +rb+' ^ af� r .w.�fi' , , r. o ssesse Value r. o v ssesse ValueJr. -o e Assessed Pattie GRAN,WALTER L 3509/132 06/15/198 Q , ORAN,WALTER L*M792 10966/229 1999 1010 69100 1991 1010 69,00 o oa , o , ut IBIS srgn ure acsnowleages a visu by a vala Couector or Tisessor Year w7ypeivescripilon Amounut ode 11 scripion Number Amount Comm. ., "INN MINOR: � Appraised Bldg.Value(Card) 66,700 V l 2 0 0 XF B slue d Appraised o Appraised OB(L)Value(Bldg) 0 Appraised Land Value(Bldg) 30,600 Special Land Value Total Appraised Card Value 99,60 Total Appraised Parcel Value 99,60 Valuation Method: Cost/Market Valuatioir etTotal Appraisedarcel Value , a ermit ID Issue Mate type Description Amount Insp—Dateo omp. Vate comp. Comments Date wID Ca. ruiposelftesult _ � :r.`r��'; >k�„'"H..s�";'...,;d... :.� .,�u.•;^° � $- +���'N,',�5,.. ��r �� r,.v,�� »y'"A^ a �.�. � ``rs�.` .� s�:..v�t,+",�+9` escrr on one Use o ron age p m units ntrice ac+or ac or ��. o es-'� pecui r crng n rrce c a ue 111111 mg a ram , , o es:111 InED G , "tat n nIM U.J3 AL Zotat Lanaali Property Location: 94 MONOMOY CIRCLE CENT MAP ID: 190/194/ Vision ID:13272 Other ID: Bldg M I Card 1 of 1 Print Date:03/14/2000 77 ement Ca. Ch. Description Conunercm.Vara Elements Style/ ype 11 KanCh Elementescrrp ion odel 1 Residential ea ade C came Type For 14 aths/Plumbing tories 1 Story ccupancy 0Ceiling/Wall Exterior Wall ! 5 Vinyl Siding ooms/Prtns 2 1/o Common Wall 2 Wall Height oof Structure 3 able/Hip 14 Roof Cover 3 sph/F GIs/Cmp nterior Wall 1 5 Drywall BM 2 e Description Factor nterior Floor 1 14 Carpet mp ex 2 12 Hardwood loor Adj nit Location 1717 eating Fuel 03 Gas umber of Units eating Type 5 of Water C Type 1 one umber of Levels 26 2 PE Ownership 2 edrooms 3 3 Bedrooms athrooms 2 Bathrooms 0 2 Full otal Rooms 6 Rooms n base AM ize Adj.Factor 08825 09 Bath Type dj.Base Ratex 3.28 14 46 Kitchen Style ldg.Value New 6,633 ear Built 974 ff.Year Built 974 rtn1 Physcl Dep 3 uncnl Obslnc con Obslnc ,. pecl.Cond.Code Code escri ion , ercen a e ` peel Cond% ON [ingle am eralt%Cond. . 7 eprec.Bldg Value 66,700 q� ,r o e. Description VV units ME—ce rIII pr. ralue Fireplace , MI e Description rvmg iea ross rea . r oea UnuCast I undeprec. o ue OAS First oor FGR Attached Garage 1 33 11 18.7 6,18 FOP Porch,Open,Finished 1 161 34 10.71 1,81 UBM Basement,Unfinished 1 1,234 244 10.6 13,10 .race 14WI.Pacp Aran n n. WL TIC Town of Barnstabi mum Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Officc 5WSG-4038 I� Ralph Crostea Fax: 508-790-6230 ' U BuildiDg Commissioner 44 FEB 7 2WO TOWN OF BARNSTABLE ZONING BOARD OF APPEALS February 4.2000 Mr. Emmett Glynn, Chairman Zoning Boerd of Appeals 230 South StnsW Hyannis, MA 02601 Re: SPR 109-99—Loving Care, 94 Monomoy Cinde,Centerville Dear Mr.Glynn; Please note that the site plats application heard on December 30,1999,was approved based upon confirmation of the States recomrnendations for a,Residential Assisted Living facility. information regard'mg the following conditions were received on 1120/00: Compl/anae*rift T/de 5 based upon number of bedrooms The applicant shag delineate p dit-,*&on a plot plan. The applicant shall submit a Floor plan with scale Onensions. The a licanf shall PP proWde a written estimatr�frvr Nre instaUatYon of a FM suPPressant system and hard ware smoke alarms. Sincerely, Ralph Crosser. Suildino Commlessimer Z- yam CC: David Leitner,Attomey Attach. rrc WbhWwpfilas/sj"kWsiteWgOo204a SPR Meeting Notes 12/30/99 Site Plan Review Meeting of December 30,1999 2nd Floor Hearing Room Barnstable Town Hall 367 Main Street,Hyannis Present: Ralph Crossen,Building Commissioner,Alan Twarog,Associate Principal Planner, Steve Pisch, Engineer, Thomas McKean,Director.of Health,FPO Martin MacNeely,Harold Siegel, Barnstable Fire Deputy,Cod Commission staff members: Dorf Fox,Heather McElroy and Martha Hevenor. Also in attendance were Attorney Pat Butler,Dan Ojala, Attorney David Leitner This meeting was called to order at 9:05 AM and adjourned at 11:15 AM. SPR 109-99 Skalsky, 94 Monomy Circle,Centerville(109-194) The applicant,represented by Attorney David A eeks to legitimize an,assisted living business in.her residence caring for u o 4 patien . Attorney Leitner emphasized the need for a home environment type facility av ' e-ta'Altzheimers patients with limited mobility. He informed the panel that there are many unlicensed homes open across state. Mrs. Skalsky,he insists desires to obtain all proper licenses and permits. Attorney Leitner informed the committee that the Executive Office of Elder Affairs _..requires applicants to comply with local zoning. Some discussion revealed that Mrs. Skalsky charges$3,000-$3,500 which includes telephone, cable,three meals and a nurse to administer medication. These patients do not drive. The applicant currently has two patients, one has family locally. Visits are staggered and therefore traffic and parking are not adversely impacted. Ralph Crossen commented that Zoning may require a special permit. Planning commented that it will be difficult to obtain a special permit from the ZBA. He informed the applicant of the necessity to provide an engineered plot plan. Discussion ensued regarding parking availability and the Title 5 status of the existing septic system. In addition,the panel was informed that the meals are prepared under the direction of a certified nutrient and food specialist as required by the EOEA. Mrs. Skalsky is currently enrolled in a certification course. Tom McKean informed the applicant of a Sanitation Server seminar to be offered by the town in February. In response to questioning, it was revealed that the laundry facilities are located in the basement. The kitchen is a typical domestic kitchen. Mr. McKean informed the 1 SPR Meeting Notes 12/30/99 applicant that a health inspection shall be scheduled to ensure compliance with all local sanitation regulations. FPO Martin MacNeely questioned the classification of this use. The Building. Commissioner informed the panel that he had written to the State for clarification and is currently still waiting for a response. FPO MacNeely issued concerns regarding the ability of the applicant to evacuate the patients in case of a fire emergency. He declared that two minutes is what fire officials consider to be a reasonable amount of time for an emergency evacuation. Ideally,he would also like to see hard wired smoke detectors in each bedroom and by the front and rear doors. Additionally,he strongly recommended the installation of a fire suppressant system. Although the code does not require a sprinkler system and he does not have the authority to mandate the installation of one,he feels strongly that this living arrangement needs additional safety features in order to buy more time during a crisis situation. Again,he encouraged the applicant to pursue this recommendation. FPO MacNeely inquired about the number of patients and if all residents are on one floor. Attorney Leitner responded that the house is a single floor, 3 bedroom residence.. Mrs. Skalsky and her son currently share a bedroom and the two patients each have a private room. In the event that Mrs. Skalsky would accept two additional patients,they propose to install two patients in one larger room and sleep,on the couch. During a later- discussion,the applicant was questioned about the basement and whether or not any bedrooms had been constructed or were to be proposed. Attorney Leitner testified that while he had been to the house,he never ventured into the basement. Steve Pisch recommended the provision of 5 parking stalls and suggested widening the driveway in order to accommodate this requirement. He noted some confusion over the sleeping arrangement. Ultimately, a floor plan was requested. The Building Commissioner reserved comment pending the receipt of the State's classification opinion. Status: Continued. The applicant shall provide the following: A health inspector shall inspect the premises for-sanitary conditions and the determination of compliance with Title S based upon the number of bedrooms. The applicant shall delineate parking stalls on a plot plan. The applicant shall submit a floor plan with scale dimensions. The applicant shall provide a written estimate for the installation of afire suppressant system and hard wire smoke alarms. 2 , o Rancisca L. Skalsky k ;r Loving Care 94 Monomoy Circle Centerville, MA 1 First floor diagram Ir N gF75- .i N LNG . - oo j CV 7—Ne A. V ,;V 6 ' '60M �--- — • i 3,S' /�. % ( IFSTREET SIDS a rOTC X26.3)iac<v�;h cn4 t a�oa now i ,. LOT 35 E 1p F I PRo pof`'� X�rr GtArtL �atvt `Yf _-- _ - = a= =- LOT 36 _-__ SCREENED PORCH ti == 0• 6�. ;v/ AFr."H✓R E. LOT 37 JONE:—IJE'jVP?Y BUYER, FRANCISCA LA URA SKALSKY FRANCI CO FAP.IAS, JR RES. ZONE' 'RC" rzis MORTGAGE INSPECTIOti plan is For FLOODl0lY ' "C" ' ----- -- REGISTRY OWNER: ��TA�OF_w�42�X_G_h:c7.�'.�I1 ------ DEED REF: JdW119Q---------BUYER: ------ - --- --- DATE: -- --- DATE: _91SI27 _ PLAN REF: _ZZ2«8 I HEREBY CERTIFY TO L`l _ 5+91rw_ �N OF q _ _ 11 v L' SHOWN ON THIS PLAN 1S LOCATED ON ViE GROt%;D As ;�� p�,uL yyG�� CONS-zL`t SHOWN AND THAT ITS POSITION DOES ____ CON C'at+4 a� A. - SE a � E w THE H !,AE'RITHt"1'►1 H 40B It 1�S ?' [LOAD REQUIREMENTS 0. t. TO THE ZONING LAW ..c,T..AC� REQUIR...d... ► ._ TOWN •OF -----AN0 THAT No a2m� :4iARSTONS :.I::. , VA. 0284 IT DOCS_.L �_ LIE titiIT:�I�! THE SPECIAL FLOOD :?AZAF.D `„ °Ec;nt�E Q TEL; 12�- G�;, AREA AS SHOWN ON THE H.U.D, MAP DATED�/ .1.� _ ��°�'�t :c+t►a`' FAX szn-�5�3 A 2.:0001-0015-C TK:5 PLAN N:r,1 MADE FROM AN INSTFRUUENT C: 2 K� �r•t' e C(..s"' -------- ct•�+1�'f. 7 7 4 9E USED ��� ^ENCE°_"EM 1 ►' i � 1 is l i ►! - r i . .. •1 • . . K IJJ 1 �4 ' The Town of Barnstable I!; saxNsrABM ,0� Department of Health, Safety and Environmental Services i°IFDr�a't° Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038. Ralph Crossen Fax: 508-790-6230 Building Commissioner October 19, 1999 Francisca Skalsky 94 Monomoy Circle Centerville,MA 02632 Re: 94 Monomoy Circle,Centerville, (190 194) Dear Ms. Skalsky: I regret to inform you that your application to use your home as an assisted living center must be denied. The reason for this denial is that the conditions of Section 4-1.4(Home Occupation)of our zoning cannot be met in this case. You are not in compliance with the following sections: 1. 4-1.4 1)B Use must be a type customarily carried on within the dwelling unit. 2. 4-1.4 1)C Use is clearly incidental to and subordinate to the use of the premises. for residential purposes. 3. 4-1.4 1)D Use may not occupy more than 400 square feet. You must cease and desist the use of this building as an assisted living center immediately. You have the right to appeal this decision and or apply for a variance. If you so choose,we will be more than happy to assist you. Sincerely, Ralph M. Crossen Building Commissioner RMC/lb cc: COMM Fire Department Attorney David Leitner g991019a a TO ALL NEW BUSINESS OWNERS Fill in please: ® �® APPLICANT'S ® � - YOUR NAME: l S S BUSINESS YOUR HOME ADDRESS. �/ G x TELEPHONE Telephone Number (HomeJ4;�E23X) J ✓ NAME OF NEW BUSINESS TYPE OF BUSINESSA�S/s/'i2 IS THIS A HOME OCCUPATION? S OF BUSINES M ADDRESS G G AP/PARCEL NUMBER ADDR 'with—the When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in'obtaining the information you may need. Once you have obtained the required signatures; listed below, you may apply for a business certificate at the Town Clerk's Office (Ist floor-Town Hall). '3 1. GO TO BUILDING INSPECTORS OFFICE (4TH FLOOR TOWN HALL) This individual has been informed of any permit.requirements that pertain to this type of business. Authorized Signature COMMENTS:_ 'i 2. GO TO BOARD OF HEALTH (3RD FLOOR TOWN HALL) This individual has bejen informed p t require n that pertain to this type of business. Authorized Signature nature g a COMMENTS: 1 4 3. GO TO CONSUMER AFFAI (LICENSING AUTHORITY) - (3RD FLOOR SCHOOL ADMI ISTRATION BUILDING) This individual h n infor ed of licensing requirements that pertain to this type of business. Authorized Signature COMMENTS: he Town Clerk's Office to obtain your business certificate (cost $20.00 After obtaining the required signatures you must return to t 7 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in the town (which you must do by M.G.L. -It does not give you k permission to operate -you must get that through completion of the processes from the various departments involved. P ram, The Town of Barnstable Department of Health, Safety and Environmental Services •M 'r Building Division MAM �`�� 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M.Crossen Fax: 508-790-6230 Building Commissioner Home Occupation Registration Date:f 0Il Name �?,&IclSly L%1�� v Phone#:��® 1 /74 9/7 Address:�G/ /zzWa z /�� V'llage: Type of Business:�C�i � /%I�1/�/C� Map/Lot: INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordnance,provided that the . activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor,no visual alteration to the premises which would suggest anything other than a residential use;no+ncrea e in traffic above normal residential volumes;and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: 0 The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit. • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dweIlingwbich are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. - - • The use does not involve the production of offensive noise,vibration,smoke,dust or other.particular matter,odors,electrical disuabance,heat,glare,humidity or other objectionable effects. There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. • There is no commercial vehicles related to the Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned,have read and agree with the above restrictions for my home occupation I am registering: APP • � Date:r Homcoc.doc 10/08/1999 10.57 5084283212 D LEITNEP PAGE 01 DAVID P.H. LEITNER tl Attorney at Law P.n. Box 1726 Telephone(508)420-6556 ,. Mashpce, MA 02649 Fax(508)428-3212 Email: dleitner(k6capecod.nct 51r w FACSIMILE -OVER SHEET DATE: FAX NO. ' ..._, TQ A.. ' FROM: v . k.: TOTAL NUMBER OF PAGES, INCLUDING COVER SHEET MESSAGE: Awle 4 444/7 /tom i .� M y►µ✓�✓ // 1 �v` -/-xe� . iY"Plea.te ,Note— - 11is 7Fa en ed only fi►r the Use of the individual or entity to w l#ieh or IS addreh-Sr t an stay contain I'Vortmatirrm that it privileged, confidential and troMpl from disciosure under applicable law. If the header of this transmittal is neither the intended recipient, nor t h e ia•. employee or agent responsible for delivering this transmittal. to the Intended recipient, then ,you are hereby notified that dissenRtmating, distributing or copying this communication is strictly prvhibited. if you have received this communication in error, please notify us Immediately h y telephone and return it to us at the above address via the United Mates Portal 5rr0ce,' Thank .y o u very mueh rr `: f 10/08/1999 10:57 5084283212 G LEITNER PAGE 02 is Loving Cart 94 Monomoy Circle Centerville, MA 02632 . (508) 771-5797 LOVING CARE SERVICES N. SERVICES PROVIDED RAC PROVIDER i i° The Provider will provide the Resident with all of the following services' (a) Furnished private one bedroom unit living quarters in a private home (residents may provide their own furniture;and space permitti.ng); (b) Three nutritionally balanced. meals a day (specitiJ diets may be provided but only upon l the express written order of the Resident's physician, any additional expemes incurred for such a special diet shall he. subject to 8n additional charge to the Resident). 4 (c) Laundry services an a daily basis (for sheets, towels and per,on:,tl clothing;); (d) fieating and utilities; (e) Local telephone service(not in units, privacy will he: provided); (f) Neat, clean and sanitary accommodations which includes daily light house cleaning and a thorough cleaning twice a month; 's (g) Supervision of personal hygiene; (h) Self administration of medication and supervision of medication (under the direction of doctors and nurses); (i) Attendant in horne 24 hours a clan (toy provide emergency medical response if needed); rj) Television in room; r (k) Assistance with daily living. including dressing, eating, bathing and a4nhulution; r (1) Access to kitchen; and (m)A service: plan will be developed for each resident, i is SERVICES PROVIDED)BV RESIDENT f The Resident or the Resident's family and/or legal representative is respon.sihle to provide, inter caha, the following: (a) All transportation as needed: (b) All medication; (c) Personal hygiene items; (d) Equipment rentals, (e) Incontinence needs (f) Nutritional supplements s, (g) Haircuts; 1` (h) Foot cure: (i) Clothing; U) Dry cleaning; r (k) Artificial body pans, including their repair and replacement; (1) Hearing aids, including their repair and replacement; page 1 10/08/1999 10:57 5084283212 D LEITNEP, PAGE 03 Loving; Care V. 94 Monomoy Circle Centerville, MA 02632 (508)771-5797 (m)(31asses and or corrective lenses, including th.eit repair and replacement: (n) Medical casts; (o) Dental care, including false teeth and any other matters related to dental hygiene; and (p) any other similar items and services as required. SELF-ADMIN'IS'TERFD MEDICATION MANA(; MEN' f Each resident is assisted and reminded to take all medication'$ prescribed by their physicians per that physician's instructions, loving C'are's employees will remind each resident tc.► Take their medication., open containers and prepackaged medication if needed, check the self administered dosage against the label of th.e container, reassure the resident that they have obtained and are taking the dosage as prescribed. explain to the resident what each dosage is and that the dosage is what has been prescribed as well as answer any questions the resident may have, and document in writing an observation of the resident's actions regarding tht: medication. A licensed nurse confirms that the medications are proper during his or her visits to the honk. All medications are kept in a locking container in each residents unit (with kev available to the staff and the resident), Each resident's. medications are listed on a list instructing the staff'the dosages required and when those dosages are to be taken. t . All medications are under the direction of a the resident's physician. The resident's medication list and plan will be completed and supervised by a licensed nurse. 'No alteration to medications, i.c_,, crushing or cutting pills and balling a daily plaartner, will be performed by anyone except a licensed nurse, physician, pharmacist. licensed hospice provider or a resident's family member, k r EMERGFNCIES F Each resident is carefully observer!, by the stat'f. throughout the day. Although each resident's privacy .is carefully respected and observed, the staff will check with the resident periodically to determine their well being. If during a periodic check,or at t+fty other time, a staff w: member notices that the resident has an emergency, that: staff member will respond immediately Such responses include, but are not limited to, calling for emergency medical assistance, contacting the resident's family and/or physician, contacting the R.N, or if needed taking the reside((( directly to CapeCod Hospital. A charged cell phone is kept at the home li>r use in case there is a power loss. x CHANGE OF LIVING ACCOMODATION5 Provider shall have the right to substitute, t'or the living unit. accor)arr.)oda ion origin. .1> assigned to the Resident, another livitflg unit of comparable character should it become necessary to meet requirements of law or_other justifiable reason, l� pcx'ge 2 ; 10/08/1999 10:57 5084283212 D LEITNER PAGE 04 t. Loving Care 94 Monomay Circle Centerville,MA 02632 (506) 771-5797 P � TRANSFER OF RESIDENT TO Ml' ICAL FACILITY When a Resident becomes soy ill as to require special attention or becomes infected with ' cit.h.er a dangerous or contagious disease or becomes mentally ill to such a degree that his or here. presence in the hortte shall be deemed detrimental to the health or well, being of the other residents, or for which condition the Provider is not permitted to provide care, t'rovider shall have the right and authority to transfer the Resident to another unit., a rnedieal facility, either public or private institution suitable for such cases with a physician's recommendation. Upon transfer of the Resident. Resident shall be responsible to pay all fees associated with such a transfer. Resident remain` responsible to pay the fees and costs to the Provider required under this agreernent.. In the event, in the opiriall of the Resident's treating, physicians. the condition requiring a change of accommodations is not a temporary condition, the living accommodations previously occupied by the Resident shell he released for other occupancy and no credit on fees paid to tic Provider shall accrue to the Resident when lie or sho is removed To another facility. f: F. PROVIDER'S COVENANT TO COMPLY Loving; Care covenants to comply with all existing federal and state laws and regulations concerning: consumer protection; protection from. abuse; neglect, and firaafacial exrloitation of the elderly and disabled. r RESIDENTS lR.JGHTS Each Resident of Laving Care's facility has the right to: (a) Live in a decent, safc and habitable residential living environment; (b) .tie treat with consideta.tion and respect and with due recognition of personal dignity, individuality, and they need for privacy; (c) Privacy within the Resident's unit subject to rules of l.,ovi.n.g (:'are that are reasonably designed to promote the health, safety and welfare nt'R.esidents; (d) Retain and use his or her own personal property, space permitting;, in the, Resident's living area w as to maintain individuality and personal dignity; (e) Private Communications, including receiving and sending unopened. t correspondence, access to a telephone, and vi.sitixig with any person cif"his or ber {i) Free don to participate in and benefr from community services grad activiticti z►r,J to achieve the highest possible level of independence, autonomy, and interaction within the community; pase 3 10/08/1999 10:57 5084283212 G LEITNER PAGE 05 t ; °r Loving Care 94 Monomoy Circle Centerville,MA 02632 (508) 771-5797 (g) Directly engage or contract with any licensed health care providers to obtain . necessary health care wrvices it the Resident's ttnit'ar in such other space in the '. L4.iving Care Residence as may be made availableto Residents for such purposes, to the same extent available to persons residing in private homes, f h Manage his or her own financial affairs; (i) 1,xercise civil and religious liberties; (�) :Present grievances and recommended changes in policies, procedures, and t' services to the Sponsor, Manager or staff of I...oving Care; r., (k) Upon request, obtain from. I..ovin.g Care, the name of the Service Coordinator or ir any other persons responsible for his or her care or the coordination of that care, (1) (.1onfidentiality of all records and communications to the extent provided by law; (in) I-Jive all reasonable requests responded to pmmptly and adequately within the r. capacity of Loving Care residence; i. (n) Upon request,obtain an explanation as to) the relationship, if any. ot'the Residence to any health care facilityor educational institution inso fa.r as the relationship relates to his or her care or. treatment. (o) Obtain worm a person designated, by I the Residence a copy of any rules or regulations of the Residence which,apply to his or her conduct as a Resident; :., (p) privacy during medical treatment or other rendering of. services within the capacity of the Assisted Living Residence, (y). Informed consent to the extent provided by saw; (r) 'Not be evicted from Loving Care except in accordance with the provisions of: landlord/tenant law as established by Massachusetts General Law chapter 196. and ,. . 239, including but not limited to, an eviction notice and utilization of such C.oun ti proceedings as are required by law: (s) Flave a written notice of the Residents' Rights posted in a prominent place in.the Assisted Living 'Residence. This notice shall include t:he name, address, and " telephone numbers of the Assisted Living Ombudsman office and F 0.l?A where t.. ; complaints may be lodged; and (t) Be informed in writing, by the Sponsor of the Assisted Living Residence of the cc:>Mmunity resources available to assist the Resident in the event of an eviction procedure against him or her, Such information shall include, but, not be limited to,the name, address and telephone number. of the Assisted Living Ombudsman k` Program, 4 The Massachusetts Executive. Office of Elderly Affairs and the Massachusetts Assisted Living Ombudsman are located at 1 Ashburton Place, Roston, MA 02108,telephone (.617) 727- F' 7750. T l page 4 J 11-29-1999 01c12PM CENT DST FIREDEPT 5097902 95 P.02 ysr CENTERVILLE-OSTERVILLE-MARSTONS MILLS FIRE DISTRICT- I CC , DEPARTMENT"OF FIRE-RESCUE &EMERGENCY SERVICES 1526 1875 Route 28.Centerville, MA 02532-3117 508.750-2380.FAX,508-790-2385 John M.Farrington,Chief Glen S.Wilcox,Fire Prevention Officer _raiql,While ey.Deputy Chief Martin 0"l.MacN.eely,Fire Prevention Officer November 29, 1999 Ms. Laura Skalsky ; 94 Monomoy Circle Centerville, MA. 02632 Re: Smoke Detector Installation Dear Ms. Skalsky, As a follow-up to our conversation this morning; you must install three (3) smoke detectors in the following locations: 1. One (1)detector outside the bedreom off the kitchen. This detector may be battery-operated. Because this detector is of the battery type, it should ble installed immediately. 2. Two (2) detectors in finished basement area_ One (1) in the vicinity of the bottom of the stairs and one(1)outside the sleeping area near dining area. These detectors must be hard-wired electric type. Because these detectors are of the electric type, this Department is allowing a reasonable time for the installation. As discussed, these detectors must be installed on or before Monday, December 6, 1999. Please notify this station when the above situation has been corrected so I may re-inspect the property. Any questions regarding the above matter should be directed to the Fire Prevention Bureau at 790-2380. Thank you, GI e S. Wilcox 'Lizic,121i Fire Prevention Officer, CFIi2 C.O.M.M. Fire Distri t cc: Ralph Crossen 'Town Building Dept. "Coriimitment to Our Community' T=rTHt �.C2 The Town of Barnstable BARNsrasi. . 9� �m� Department of Health, Safety and Environmental Services. , Building Division . 367 Main Street,Hyannis MA 02601 : " Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner October 20, 1999 Tom Rodgers Chief of Inspections Board of Building Regulations & Standards One Ashburton Place,Room 1301 Boston, MA 02108 Dear Tom: , Recently I was approached by a homeowner in Barnstable seeking permission to establish a home occupation in her home.s A home occupation is customarily allowed under zoning if the use cannot be seen,there is no sign, and certain other conditions are met. These are common here, and usually they involve a computer business or home office, accounting, consultant or similar uses. In this case the application caught my eye as "an assisted living center"for 3 people..' I contacted the owner and she came in to my office with her attorney. They called the business "Loving Care Services" and provided me with the attached description of the program. I told both of them that I wanted to view the.house.first,which I did the next day. The house was a single story.ranch-style home with four bedrooms in a typical single- family neighborhood in Centerville. The.home was constructed in 1974 as a 3 bedroom home with an attached garage, which was-later converted to a fourth bedroom in'the late 1970s. The three patients that were there (without our knowledge the owner had been doing this for the last two years)were in their eighties and were all chair-bound and clearly incapable of self-preserving. All were medicated.and asleep in chairs in their. pajamas. The owner showed me their rooms and showed me how their medication has.to be handled according to the assisted living regulations at the Department of Elder Affairs. There was a small, locked strongbox in each bedroom, and I was told that a nurse comes three times per day to unlock their medication boxes and administer the doses to each. I called Elder Affairs and talked to Virginia Ehoss, the case worker, and Joel Samuels, their staff counsel of the agency. They say that because their regs allow people who are not able to self-preserve, and that their regs do not specify a limit on this, that three g991019b people that can't self-preserve is in keeping with their regs. Further, they said that there are only a few single-family homes in Massachusetts currently used as assisted living centers,but because the idea is,fairly new, more are expected ,Additionally,.because their regs were drafted to address large commercial assisted'living centers;there are no special regs for.single-family homes such as this. ry` Aside from the zoning issue,which'I will deal with,'the'obvious'next.major question is the building code: How-can it be classified? Is it R-4 because there are 3 or less boarders? Is it something else?- . It can't be I-1 under 308.2 because it is not 6,or more individuals. It can't be I72 because it is not 6 or more°people, and furthermore 308.3 says in the last sentence that if 5 or less people, it must be residential! Based on this, it looks to as though I have no choice but to.keep it as.an R-4,which by the way carries with it the right to,.keep the existing smoke detector in the hall as the only fire protection and assume code.compliance pursuant to 1'02:5.2. Am I missing something? What we have here is the possibility of a wave of future assisted living single-family homes in the Commonwealth which house seriously ill and incapable of self-preserving people, with no.-requirement.to upgrade the fire protection system. In the 5th edition we classified adult day care as.I-2 despite BOCAs I-1 definition(when there were some who needed locked doors usually due to Alzheimer'sµ disease). `Assisted living centers under the.5th edition either had to not cater to Alzheimer's patients or build to:the I-2 requirements.. The.6th edition came long and politics exempted this class from our requirements. Now we must classifythem as residential,which removed the 1 requirement of a sprinkler system in the smaller buildings,and allows 5B'construction, which the I-2 did not: I would like to hear your thoughts on this as a code'change proposal inthe future may follow. Thanks.for your time. Sincerely, A oe Ralph.M. Crossen Building Commissioner RMC/lbn cc: COMM Fire Department g991019b 7Vo:7yCJ07 OFFICIAL INTERPRETATION No.54-2002 DATE : June 19, 2002 SUBJECT; Use Classification of.Assisted Living Residence Facilities ; 780 CMR 3, Section 310.1 At a regular meeting of the Board of Building Regulations and Standards held on Tuesday, June 11, 2002, the Board approved the following interpretation of the application of 780 CMR 310.1 of the Sixth Edition of the State Building Code as such applies to Assisted Living Residence Facilities. Background/Discussion: 780 CMR 310,l addresses RESIDENTIAL USE Classification and contains a specific note which reads: "Assisted Living Residences cert f ed as such by the Executive Office of Elder Affairs and pursuant to MGL c.19D shall be classified in the residential use group, . R-1, R-2, R-3 or R-4 as applicable. Portions of an Assisted Living Residence which are used for any.u4e other than residential shall be classified in accordance with the.intended use." The intention of this note is to ensure that the RESIDENTIAL USES of an Assisted Living Facility are Llassi aed as RESIMMAL'USYand'not, for e'ianiple, an INSTITUTIONAL USE; additionally the State Building Code; via this note,requires that for life-safety purposes,the non-residential areas of an Assisted Living Facility be appropriately classified as to use. As an example,although it is obvious that the residential areas of an Assisted Living Facility must be classified as RESIDENTIAL USE (consistent with MGL c.19D; Section .._ an area sttclras a borletrpom construeted-in theAssi-stud-:iving-Facifitnresents--- a unique fire hazard to the occupants of the building. Although a boiler room is essentially ancillary to a RESIDENTIAL USE Assisted Living Facility, a boiler rdom clearly cannot to.be designed and constructed as simply a RESIDENTIAL U:iE, The State Building Code(the Code)sets forth requirements for the construction of a boiler room that are specific and different that'the Code requirements for the construction of RESIDENTIAL USES-again for life-safety purposes(refer to 780 CMR Section 302.1,1). When one views an Assisted Living Residence,it is probable that such facility might consist of numerous different`USES including: residential living areas, a dining room or restaurant,offices for conducting the day-to-day business of the facility, a boiler/mechanical mom,electrical room, linen storage rooms, etc. 1 7Vo/7V LJP'7 CMIi L, u Question 1: Does the Note relating;to Assisted.Living Residences in 780 CMR 3'0.1 require that the resi<lential portions of an Assisted`Living Residence be classified as a RESIDENTIAL USE? Answer 1: Yes, all portions of an Assisted riving Residence that function in a residential capacity are to be classified as RESIDENTLAL USE and not, for example, INSTITUTIONAL USE. M Question Z: Does the Note relating to Assisted Living Residences'in 780 CMR 310.1 require that non-residential portions of an Assisted Living Residence be classified in accordance with their actual use? Answer l: Yes, non-residential uses must be classified in accordance with their actual use to ensure the rrinimurn life safety requirements of the Building Code are incorporated into the design, construction and maintenance;of such non- residential uses. Question.3: If an Assisted Living Residence,in actuality has both residential uses and non- residential uses occurring within the building,should such building be classified as a MIXED USE OCCUPANCY in accordance with the criteria set forth within all applicablc portions of 780 CMR Chapter 3? Answer 3: of ail',assisted Living R6sidettae duIy'deitilied by the Executive Office of Bider Affairs is to be classified as an INSTITUTIONAL USE;additionally any USE within such building where the actual or calculated occupant load is less than 50 persons and which is accessory to another USE GROUP shall be classified as part of that main USE GROUP and areas that are ancillary to a main USE would be classified as part of the main USE-note that SPECIAL OCCUPANCY AREAS such'as boiler rooms, storage rooms of greater ...._.than­50-sq:fit or-+0 9q-. ft., as-apRReamee -etc., as.-dimuvied-in 780-C-MR,Table 302.1.1 are to be constructed in compliance with the requirements of Table 302.1.1 and:not constructed solely as a RESIDENTIAL USE. ` Question 4; Would a dining hall of a duly certified Assisted Lining Residence be classified as RESIDENTIAL USE or ASSEMBLY.USE? Answer 4: It would depend on whether or not the actual and/or calculated occupant load was fewer than 50 persons.for the case where the dining hall occupant load is less than 50 persons,the dining hall would be classified as accessory to the main use, i.e.,RESIDENTIAL USE. If the occupant load is greater than 49 persons(7/80 CMR Chapter 3, Section 303.1).then the dining hall should be classified as ani ASSEMBLY USE and all,applicable State Building Code requirements for such ASSEMBLY USE must be incorporated into the design and construction of such ASSEMBLY space-egress size can be negatively affected if the required means of egress from a true ASSEMBLY USE is incorrectly sized for a RESIDENTIAL USE. 3 n FORM OF NOTICE OF CASUALTY LOSS TO BUILDING UNDER MASS. GEN. LAWS, CH. 139 , 3B TO: BUILDING COMMISSIONER OR BOARD OF HEALTH OR ' INSPECTOR OF BUILDINGS BOARD OF SELECTMEN ' Barnstable Town Hall COMM Fire Department 367 Main Street ADDRESSES 1875 Route 28 Hyannis, MA 02601 Centerville MA 02632 ATTENTION: FIRE PREVENTION RE: INSURED: FARIAS, Maria D. .PROPERTY ADDRESS: 94 Monomoy Circle Centerville MA 02632 POLICY NO. HP0470425 LOSS OF Water Damage on November 13, 2003 FILE OR CLAIM NO. CJ0311021A CLAIM HAS BEEN MADE INVOLVING LOSS, DAMAGE OR DESTRUCTION OF THE ABOVE CAPTIONED PROPERTY, WHICH MAY EITHER EXCEED $1,000.00 OR CAUSE MASS. GEN. LAWS CHAPTER 143, SECTION 6, TO BE APPLICABLE. IF ANY NOTICE UNDER MASS. GEN. LAWS CHAPTER 139, SECTION 3B IS APPROPRIATE, PLEASE DIRECT IT TO THE ATTENTION OF THE WRITER AND INCLUDE A REFERENCE TO THE CAPTIONED INSURED, LOCATION, POLICY NUMBER, DATE OF LOSS AND CLAIM OR FILE NUMBER. SIGNATURE J ey er T.M. SEGER CLAIM SERVICE, INC. 459 Washington St - PO Box 277 - Duxbury, MA 02331 ,Telephone (781) 934-9770 Fax No.. (781) 934-9194 ON THIS DATE, I CAUSED COPIES OF THIS CE TO BE SENT TO THE PERSONS NAMED ABOVE AT THE ADDRESSES INDICATED ABOVE BY/FIRST SS 11 2Q 2003 , SIGNATURE & DATE ChaileAe E. Seger, . Secretary FORM 13 (5-1999) I �. vo. cwc ,.--,ter vr :7: v.a.w,c.nv,,.Ln. rina. 7U0'/yC;•Ljdb PAGE. .2 JANF SWIFT d�, - / .4wv&; 6 775 STEPxcN D,GoaN Sih'I✓F]RE MARSKAL COVSANOfi (97J�56'7—J'100' THOMAS P,.LEON kIRD J.eM�s P.Jnn}vn, DEPUJ'Y STATE FIR!IWARsxnr. SECRETAP,Y MEMORANDUM TO: Heads of Fire Departments FROM: .Stephen 1D.Coan State Fire Marshal DATE: ,tune 25,2002 RE Assisted Care Facilities At the BBRS meeting of June 11,2002,the attached formal interpretation has been rendered. This opinion has beers rendered based on the 6"'edition of the building code. This interpretation clarifies the requirements of the building Cade that have been in place since the introduction of the 6th edition of the State Building Code in'August, 1997. I would encourage you to share this iriterpretakion with your building official for review;. = . and if necessary any appropriate action. . The purpose of this interpretation is to clarify hov✓the building code is applied relative to Section 310.1 and M.G.L.c. 19D. It is the opinion of the Board of Building Regulations and Standards that the non- residential portions of assisted care facilities are required to be properly constructed and protected for life-safety purposes in accordance with the State Building Cade. If you have any questions,please feel free to contact the Technic-al Services Unit at 978/567-3300. r 4 K=Aesso map. and lot number ....... �. ...:..... SEPTIC .SYSTJT St INSTALLED lF4 COMPLIANCE Sewage Permit number i. . i �p A I� �P• �;4tlITAIY CODE ANDTOWN REGULATION& ti THE y rs TOWN OF BARNSTABL i DARNiTAIME,mum 1639. �O YPY h• �` BUILDING INSPECTOR. i`• C 0 APPLICATION FOR PERMIT TO ..... \.................................................................................................................. TYPE OF CONSTRUCTION ......... .......... ............ ........... ............................................................................................ 19.7,41 � d TO THE INSPECTOR OF BUILDINGS: ! The undersigned ereby applies for a permit according to the following information: Location ... �-. ro .. ............ .................. .................. ....... ... . . ..Proposed Use ..... ............ .................................................. ................ .......................................... Zoning District ............. . � x........... .....:...........................Fire District ..... . ........... ............................. Nameof Owner ................................ 4..................:................Address ................................�. Nameof Builder ....................................................................Address ..................................:................................................. Nameof Architect ..................................................................Address .................................................................................... Number of Rooms /'� f'........................................................Foundation ................... ...... ....................................... Exterior ........ ....... ....... .......................................���`" ...................Roofing .......--.�/.Q.,... .. ............................................................... Floors .................:..............................................................Interior ....... ..... aal...................:................ Heating :........................?:...........................................Plumbing .......�Y� !........:....................................................... ...... . ....................... � 6?6z ......... APProximate Cost . ................................... y...Fireplace ....... ....... Definitive Plan Approved by Planning Board ---------------____-----------19--------. Area ..................../��.. ®.. J..... ................ cc� Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH i / /Zod/C I hereby cgree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. ` `- ^ . ' ~ — ~ � � , ' ' ^ - ' r . - . . Small, Alan 17255 one Date Completed ... 19 , PERMIT REFUSED. ^ . --------.------------- l� ^ ' ` ~ � . ..-------.--------~..~----~--. �' , ''^---'-'��'`~--------'—'^^------^ �r '-----^'—^---^^^^^~^'^—^''—^----^' '.---.--.--------------------. °- ^ ^ ^ ................................................. lg . '.—.----�'--------..—.---....--. . ^^ z^ !^----'--------------'`—''----^'' THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) MB E DATA Pill I J7 711 77-7t'7V-I it,14L s . .r . F PROPOSED EXISTING' PROPOSED a WI NDOW'. STOOP e " S ..WINDOW WELL .' WELL CLOSET WALL TO BE MOVED TO ALLOW`. r , OPENING FOR } . EMERGENCY EGRES S ' t 4 ` '`.:LIVINGROOM " BEDROOM '° . NEW WALL SHED 'r : *UNEXCAVATED 12.5 x12 8 #4 NUTILIITY F 1 CL: r �. y v n 7.8 x12.8 ROOM .. BEDROOM" 9.7'x13.2'' , f k s v .� , 1 •'n R#5 s 8 , fir 61, D T ... .. y 925t S.F. OF a , . x 5r -FINISHED BASEMENT AREA HALL :4 10 n, - , � f "r e ,q KITCHEN PUMP • ,} BATHROOM E.. UNFINISH D• x 1 6.5 x10.4 k AREA- k F' 6.5x6.'6- LAUNDRY w �'or ROOM" v s 10.5'x7.0 < u , NOTE: ASEMENT WINDOW OPENING TO BE NOT MORE THAN 44" FROM THE FLOOR AND r F OR NOT LESS THAN 20"x24". BULKHEAD` AT CONCRETE TO BE CUT LOWER AND > . r' WIDER TO ALLOW FOR THESE #94 MONOMOY CIRCLE* ,� �Op2 ! o:.P � t .- .. • MINIMUM -OPENING REQUIREMENTS. BARNSTABLE, MAASS. 1 " - 4' NOVEMBER 19; 2002 PROPOSED EXISTING PROPOSED WINDOW STOOP WINDOW ' WELL WELL LF BEDROOM #2 BEDROOM #3 LIVING ROOM' ' 11' x 1.2' 10' x 12' N 13' x 19' o • U CLOSET HALL TELEVISION ROOM o _ v BATHROOM 25' x 1.3' MASTER - o BEDROOM #1 0 11' x14' z KITCHEN 11' x 20' MASTER BATHROOM •, _��'.�� + , SHOWER 91)z - BULKHEAD FLOOR PLAN AT #94 MONOMOY CIRCLE BARNSTABLE, MASS. 1 = 4' NOVEMBER 19, 2002