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4766 FALMOUTH ROAD/RTE 28
4766 FALMOUTH RD e N I{ 7) �y I � vrn�rcl� Cc ��ene� �uzg TckbM ov� � `�' D C,41-J yQL4 FA - .«, Bk 31476 P's 187 �—r4,-J!719 a�t8-20-20 18 a 03 d 17P $ Town of Barnstable Zoning Board of Appeals ° Comprehensive Permit Decision and Notice Accessory Affordable Apartment Program Comprehensive Permit No. 2018-035-Lee Summary: Approved with Conditions Applicant: Sang An Lee(Procare Realty) Property Address: 4766 Falmouth Rd,Cotuit, MA Map/Parcel: 009/004 Zoning: RF—Residence F Zoning District, summary: Allow the transfer of two one-bedroom accessory affordable apartments located within the existing multi-family dwelling pursuant to the Code of the Town of Barnstable,Chapter 9, Article II Deed Reference: Book 30343 Page 300 r Applicant/Site Control The Applicant is Sang An Lee and is the owner of property addressed as 4766 Falmouth Road, Cotuit, MA. The Applicant has been the owner of the property since March 2017, as evidenced by a deed recorded at the Barnstable County Registry of Deeds on March 10, 2017 in Book 30343 Page 300. Locus The subject property is a .50 acre lot that is developed with a 4 bedroom, 4 bathroom, 4,302 square foot multi- . family,colonial style building. The lot fronts onto Falmouth Road, near the intersection of Route 130. The uses in the area range from residential, commercial, offices, a gas station, and a restaurant. The. property was constructed in 1720 and is served by public water and an on-site septic system, Background The previous owner, Mr. Hostetter, was granted a Special Permit (No. 1987-26) "to allow an existing two-family structure to be converted to an office building". (The property had formally been used as a restaurant and living quarters). The permit allowed Mr. Hostetter to convert a then non-conforming two-family vacant dwelling into an office building. When the restaurant was closed, the area was made into a second apartment, after which the property was used as a two-family dwelling. After 5 years, the Special Permit expired and the property reverted back to single-family use. The property was sold in the early 1990's and later the Hostetters bought the property back. After which, the Hostetters decided to convert the entire property into a four bedroom apartment unit and proceeded to create two unpermitted units to the building which already had two legal apartments, The Building Departme5nt became aware of the additional two units and the Hostetters applied and were granted two Accessory Affordable Housing Units(Comprehensive Permit No.2002-056). Mr. Lee purchased the property in March, 2017 and seeks to transfer the existing Comprehensive Permit No. 2002-056 for 2 units,to reflect the transfer of ownership, by a Comprehensive Permit pursuant to Chapter 40B of the General Laws of the Commonwealth of Massachusetts,and in accordance with§9-15 of the Code of the Town of Barnstable, more commonly termed the"Accessory Affordable Apartment Program". Procedural&Hearing Summary Mr.Jee submitted an application for a Site Approval Metter as prescribed` in the Code of Massachusetts- Regulations 760 Section 56.00 and provided for within the Accessory Affordable Apartment Program of the,Town ' of Barnstable. The application was submitted as a local initiated Chapter 40B. Notification of the application was submitted to the Department of Housing and Community Development. A Site Approval Letter was issued to the Applicant for the subject property by Town Manager, Mark Ells on February 22, 2018. Notice of the Site Approval ' r Town of Barnstable Zoning Board of Appeals Decision&Notice—Comprehensive Permit No.2018-035—Lee Letter was sent to the Department of Housing and Community Development in accordance with the requirements of CM R 760 56.00. An application for a Comprehensive Permit was filed at the Town Clerk's Office on May 21, 2018. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on June 8, 2018 and June 15,2018 and notices were sent to all abutters in accordance with Section 11 of MGL Chapter 40A. Findings of Fact At the hearing on June 27,2018,the Hearing Officer made the following findings of fact: Concerning standing,the right of the applicant to seek a comprehensive permit,the Hearing Officer found: 1. The Applicant, Sang An Lee, is the owner of the property located at 4766 Falmouth Road, Cotuit, MA, as evidenced by a deed recorded at the Barnstable County Registry of Deeds on March 10, 2017 Book 30343 Page 300. 2. The application for a comprehensive permit was made in accordance with the Town of Barnstable's Accessory Affordable Apartment Program, Chapter 9 Article II of the Code of the Town of Barnstable. That program is structured as a self-regulating income-limiting local initiated housing program, a qualified funding program accepted under the Code of Massachusetts Regulations 760 Section 56.00 that governs grant of comprehensive permits. 3. In accordance with MGL Chapter 40B and 760 CMR 56.04 (4), a Site Approval Letter was issued to the Applicant for the subject property by Town Manager, Mark Ells on February 22, 2018. Notice of the Site Approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of 760 CMR 56.04 (2), and no issues were communicated from the Department on this application. Regarding consistency with local needs,the Hearing Officer found: 4. The Applicant is proposing to transfer Comprehensive Permit No. 2002-056 to reflect his new ownership. Comprehensive Permit No. 2002-056 sought to legalize two previously unpermitted apartments and create two accessory affordable housing units in a multi-family dwelling. To permit the apartment as an accessory affordable unit under Chapter 9 Article II of the Code would represent no perceivable change in the neighborhood. S. The Building Commissioner performed an initial review of the property and determined that an accessory apartment unit can be created in conformance with applicable state building codes. Prior to occupancy, a building permit shall be required and hardwired smoke detectors and carbon monoxide detectors shall be upgraded/installed and the unit shall meet all requirements of the Building Code. 6. The property is served by an on-site septic system adequate to accommodate the total number of units/bedrooms on the property. 7. The Applicant has been informed that building and occupancy permits shall be obtained prior to occupancy of the accessory apartment. This step is required to assure final approval that the apartment unit conforms fully to all applicable building,fire,and health codes and this decision. 8. The Applicant has been informed that upon certification of this Comprehensive Permit by the Town Clerk, a Regulatory Agreement and Declaration of Restrictive Covenants, restricting the accessory apartment unit in perpetuity as an affordable rental unit shall be executed. Thereafter both the Comprehensive Permit and the Agreement shall be recorded at the Registry of Deeds as binding covenants on the property. The documents limit the apartments to that of an affordable units rented to a person or family whose income is 80%or less of the Area Median Income (AMI) of the Barnstable Metropolitan Statistical Area (MSA) and cap the monthly rental income (including utilities)to not exceed 30%of the monthly household income of a household earning 2 `town of Barnstable Zoning Board of Appeals Decision&Notice—Comprehensive Permit No.2018-035—Lee 80%of the median income, adjusted by household size. In the event that utilities are separately metered,the utility allowance established by the Town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, Subsidized Housing Inventory, the Town of Barnstable has 7.14% of its year round housing stock qualified as affordable housing units. The town has not reached the 10% statutory minimum affordable housing required in MGL Chapter 40B or met any of the Statutory Minima provided for in 760 CMR 56.03(3): 10. The Town of Barnstable's Comprehensive Plan encourages the adaptive use of existing housing stock to create affordable units and the dispersal of these units throughout Barnstable. This application and the location of the unit conform to that objective: Based upon the findings, the Hearing Officer ruled that the application of Sang tin Lee is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided certain conditions are imposed. Decision&Conditions: The Hearing Officer ruled to grant Comprehensive Permit No. 2018-035 to Sang An Lee for 4766 Falmouth Road, Cotuit to allow the transfer of two one-bedroom affordable apartment units within the existing multi-family dwelling at 4766 Falmouth Road, Cotuit as provided for in Chapter 9, Article II of the Code of the Town of Barnstable and in conformity to the following conditions and restrictions: 1. Occupancy of Unit C shall not exceed two people;and occupancy of Unit D shall not exceed one person. 2. The number of bedrooms in each Accessory Affordable Apartment shall be limited to one(1). 3. Family members of the applicants/owners shall not at any time occupy the accessory unit. 4. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the Accessory Affordable Apartment Program including income information of the tenant and rent and utility payments. 5. All parking for the accessory apartments and the other units shall be on-site. Overnight on-street parking is expressly prohibited. ' 6. Accessory lodging or renting of rooms is prohibited for the duration of this Comprehensive Permit. 7. The applicants shall, after certification of this Comprehensive Permit by the Town Clerk: a. execute a Regulatory Agreement and Declaration,of Restrictive Covenants, as approved by the Town I Attorney's Office,and t `b. make application for a building permit with the Building Division,for the accessory apartments. Work. required to bring the units into compliance with present day code standards shall be completed prior to issuance of a Certificate of Occupancy for the accessory apartments. 8. It is the explicit intent that the applicant secure occupancy permits and the units be occupied by qualified tenant(s) as restricted by this comprehensive permit within one-year of the certification of the permit. The Building Commissioner and/or monitoring agent may extend this time for good cause. 9."-To meet affordability requirements, the rent charged (including utilities) shall not exceed 30% of 80% of the median income for the Barnstable MSA, adjusted for family size, as calculated and published annually by the Town of Barnstable. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 10. Theiapplicant shall engage in open and fair marketing of the unit and provide documentation of the activity to the Housing Coordinator/Monitoring Agent. 4 3 wn of Barnstable Zoning Board of Appeals Decision&Notice-Comprehensive Permit No.2018-035-Lee 11. Information regarding the income level of any prospective tenant shall first be submitted to and approved by the Housing Coordinator/Monitoring Agent before any lease is signed.' 12. Annually, the applicant shall work with the Housing Coordinator/Monitoring Agent to provide necessary information and documentation of tenant income eligibility and conformance with the Accessory Affordable Apartment Program. 13. The Applicant must register the units with the Health Department at 200 Main Street, Hyannis. 14. Whenever a vacancy occurs, notice shall be given to the Housing Coordinator/Monitoring Agent before reengaging the tenant selection process previously cited. 15. Annual Income,to determine program eligibility,will be calculated per 24 CFR Part 5. 16. The Housing Coordinator of the Planning and Development Department shall be the monitoring agent for the accessory apartment. Annual monitoring shall include verification of tenancy, affordability, and compliance with Comprehensive Permit. The homeowner shall be responsible for the fee for Housing Quality Standards (HQS) inspections. 17. Every twelve months the applicant shall review the income eligibility of the tenant of the Accessory Affordable Apartment unit. No later than a year from the date of issuance of this Comprehensive Permit,the applicant shall file with the Housing Coordinator/Monitoring Agent an annual affidavit stating the rent charged and income of the unit tenant along with all required supporting documentation. The property owners and/or tenant shall provide any additional information deemed necessary to verify the information provided in the affidavit and annual monitoring documents. 18. Upon any report from the Housing Coordinator/Monitoring Agent that the terms and conditions of this permit are not being upheld, the Hearing Officer of the Zoning Board of Appeals may hold a hearing to revoke this permit or cause enforcement action to be taken for compliance. 19. This Decision, the Regulatory Agreement and Declaration of Restrictive Covenants, and all other necessary documents shall be recorded at the Barnstable County Registry of Deeds prior to application for a building permit. 20. Should ownership of the subject property transfer,the permit holder identified herein shall notify the Housing Coordinator/Monitoring Agent and provide, within 60 days of the date of transfer, the name and current contact information for the new owner of the subject property. 21. This Comprehensive Permit shall be exercised as conditioned herein or it shall expire. . Ordered Comprehensive Permit No. 2018-035 is granted with conditions to Sang An Lee for property addressed as 4766 Falmouth Road, Cotuit, MA. This permit is not transferable without prior permission of the Hearing Officer. The zoning relief issued in this Comprehensive Permit is that of a variance to Section 240-11(A) & 24043(A) Principal permitted uses in the RF Zoning Districts to permit two one-bedroom accessory affordable apartment units within the principal dwelling. A written copy of this decision will be forwarded to the Zoning Board of Appeals as required by the Town of Barnstable Administrative Code Chapter 241, Section 11. If after fourteen (14) days from that transmittal and rovided that the members of the Zoning Board of Appeals take no action to reverse the decision, this decision P.. g PP shall be filed with the Town Clerk's Office. It shall then become final only after 20 days has expired and certified by the Town Clerk that no appeal was filed on the decision. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 4013,Section 22. 4 i own of Barnstable Zoning Board of Appeals Decision&Notice—Comprehensive Permit No.2018-035—Lee David Hirsch,Acting He ring Officer Date Signed I Ann Quirk, 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 day ofCST' under the pains and penalties of perjury. Ann Quirk,Town Clerk • 7wC;p '� Zvi m';J•� »�a13� v Ii ZA A e� . ®�,fir ;P Q i,• Q~ BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register • 5 Ek 31476 Ps 192 4�=t720 a 03 0 17n REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 27th day of -June. 12018 ,by and between Sang Jin Lee of 3112 Cranberry Highway,unit A,East Wareham,MA as the owner of 4766 Falmouth Road, Cotuit,MA and its successors and assigns (hereinafter the"Owner"),and the TOWN OF BARNSTABLE (the"Municipality"),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Unit");and NOWTHEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate the property located at 4766 Falmouth Road, Cotuit,MA,as further described in a deed recorded herewith as Barnstable County Registry of Deeds Book 30343 Page 300. B. The Project located at 4766 Falmouth Road, Cotuit,MA,,vill consist of two accessory apartment units which will be rented to an eligible low or moderate income individual or family (the"Designated Affordable Unit"or the"Unit"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2018-035 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds 1 Book i y D Page i D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARII.ANTS AS FOLLOW: 1 In receiving the comprehensive permit to.create the Designated Affordable units,the Owner agreed that the Designated Affordable Units shall beset aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan. Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Units shall be rented in perpetuity to a household with a maximum income of 80%of the Area Median Income(AMI) of Barnstable MSA and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Iousing Authority shall be deducted from the rent level. 3. The Designated Affordable Units will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened againscor affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE , The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS ' 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Units in perpetuity to a household with a maximum income of 80%or less of the Area Median Income(AMD of Barnstable Metropolitan Statistical Area(MSA) and that rent(including utilities) shall not exceed an amount that is . affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant,has vacated the Designated Affordable Unit(s). r III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented,in perpetuity to a household with a maximum income of 80%or less of the Area Median Income(AMn of Barnstable MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA.In the event that utilities.are separately metered,a utility allowance le Housing Authorityshall be deducted from the rent. established b the Barnstable o . X g IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. V. GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorney's fees necessitated by such actions. VIII. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are,granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in a deed recorded herewith as Barnstable County Registry of Deeds Book 30343 Page 300 and shall be binding upon the Owner and all successors in title. This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in a deed recorded herewith as Barnstable County Registry of Deeds Book 30343 Page 300. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated 3 Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1).expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2)notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive Permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit, the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. X. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and'duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title,(ii) are not merely personal covenants of the Owner,and(iii) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XI. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof, then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees.,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XIL MORTGAGEE CONSENT: The Owner represents and warrants that it has.obtained tie consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. ,. IN WITNESS WHEREOF,we hereunto set our hands and seals this 27th- day of June 2018 OWNER Si aturc Printed Name: l 4 t A. log ti0 Y x COMMONWEALTH OF MASSACHUSETTS ^:;.� �No�4o t BARNSTABLE, ss. ''�nnnn„,are On this 27th day of June,2018,before me,the undersigned notary public,personally appeared C= , Uw-,,t J b� ,proved to me through satisfactory evidence of identification, being(check wh chever applies)"( ) or other state or federal government document bearing a photographic image; O oath or affirmation of a credible witness known to me who knows the above signatory; or(✓ ;y own personal knowledge of the identity of the signatory, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose as A--AA2 ( ,gyp, WNu�f as his free act and deed. A BIilOHl1M �t '' �`" �Public Notary Public My COMMI +on E� My Commission Expires: Z. p g uet 21. TOWN OF BARNSTABLE BY. TOWN MANAGER COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. On this a day of 0,11 , 2018,before me, the undersigned notary public, personally appeared N4 1, �. ,proved to me through satisfactory evidence of identification,being(check whichever applies)" ( ) or other state or federal government document bearing a photographic image; ( ) oath or affirmation of a credible witness known to me who knows the above signatory; or(t,),,my own personal knowledge of the identity of the signatory, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose as 44 4-P (c•µ a� s is his free act and deed. r Q /2 .rj� v c 2 /� t Q rSN :C01"'I'l ` �':r'SUITTEy Public { ?ubucy CommissionExpires: R14,,.a"I OF MASSACHUSETTSCommission Expires5Ja,;uary 27, 2023 BARNSTABLE REGISTRY OF DEEDS JOYCE A. PEID2023 ' JOhq F. Meade R Notary Pu egister COMMONWEALTH OF MA My Commission January 27, *Assess4,,s`�offio*.•(1st floor):,," „ ® RESIGNING ENGINEER MUST SUS' rw -': - q O a -FTNEoT.. Assessor's map and lot 'number �o ./....: �.... j � '.STALLATION AND CERTIFY IF Board of Health (3rd floor): Cl� 11 c f HC }.A LTEM WAS INSTALLED , S 'T " r Sewage Permit number .................................. .......� ., •j i;Af•;£;E TO FLAN. STABLE Engineering Department (3rd=floor): /� Mb 0� � EPTI EY C STEM MUS 9• House number ..:.....•.................. ......:.... � ZJ3TALLED IN COMPLIA APPLICATIONS PROCESSED .8:30'r-9:30 A.M. and, 1;00-,2:00-P.M.i only' WITH TITLE 5 t uP-W f�®®E A1 TOWN OF BARNS' ATION j BUILDING r INSPECTOR *APPLICATION POR `PERMIT TO a .... �® e {. ..` lcS .. Ll�.<.. i TYPE OF, CONSTRUCTION" ..... . ,LL�... ... / ................................................... i • °' ' /M- v.Via!.. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies �,,forr a permit according to the-following information: Location `� i /�04- e�� ,.........��................................................... .............. : .............................................................. Proposed Use ....... SriaP�l2rc .,: :....vy �✓� � �f�7 ✓............................ .�.. Zoning District ...............:................... ��............................................... .:...Fire District ................... .� � .... Name of: Owner ��� 1 ..,�fc't?.l rr' �f.....................Address ...... ,f. �?„ S.r.. Name of Builder ......A�0 .Address ... os Nameof Architect ...................'...............................................Address ...........................................:....................................:... Number of Rooms ................. ...............;..................... ..,:Foundation ...... ! ' / ....................................................... Exterior .......�/ ....i �i!!/'�II.Ios....`.................................Roofing ........1. •.:......................................................... Floors . . .......................... ...........................Interior ''........4511? a C Heating 1./f lil�C• ............Plumbing ...........4:tll � . Fireplace ... .............. Approximate Cost ��Od�o `Definitive Plan Approved by Planning Board ________________________________19-------- . Area e..!1....... ��..Cfl!?'!!'�� Diagram, of Lot, and- Building with Dimensions Fee e� SUBJECT TO. APPROVAL OF BOARD OF HEALTH /bo�ZS VJ /6 \3 a LA ti OCCUPANCY PERMITS REQUIRED-FOR NEW DWELLINGS I hereby agree to conform to all .the Rules and Regulations of the Town of Barnstable regarding the above ! construction. Name ... ........... ....................... ' Construction:. Supervisor's License .:.aocf.1gv.............. `HOSTETTER, DANKEi T r. St 30128 Remodel Dwellin No Permit for .... g - n;" -Single, Fa�[[�''lY....Dwellin Lo ation 4766............................................................. " 4 ..... ...'Santuit.......................� ................. Daniel Hostetter' ti.Owner - - Frame - 4 Type of Construction ............................... .......... t ...... ........ ........ ... "•' ...... ... r PI t . . .. .. i t - o ...... . . .... of ..... .... .......... 4 i_ ' �' November/3 ` 86 f or r Permit;Gran`ed ......... .. , Y Date oflnspection ..... .... y.. .....19 Date Completed �...../ .. .........19 ' IL 14 • - + _ . ' M f� i s Bk 19107 Pg 200 #78166 'c: Kam Town of Barnstable .Zoning Board of Appeals �t c n EXHIBIT Comprehensive Permit Decision and Notice = '--- Appea12002-M—Hostetter Applicant(s): Daniel Hostetter,Sr. . Daniel Hostetter,Jr. C; Property Address: 4766 Falmouth Road,Cotuit,MA • Assessor's Map/Parcel: Map 009 Parcel 004 , Zoning: Residential F Groundwater Overlay: AP Aquifer Protection District Applicant(s): M The applicants are Daniel Hostetter, Sr.and Daniel Hostetter,Jr.,with a property address of 4766 Palmouth Road,Cotuit,M.A. @� Relief Requested: The applicants have applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B—S 20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre-existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonlytermed the"Accessory Affordable Housing Program." The applicants . want to convert two existing trn permitted/illegal apartments:(Unit Q and-(Unit D)within a multi-family dwelling into accessory affordable units in accordance with all the conditions of this permit. The issuance of this Comprehensive Permit would allow for two accessory affordable apartments within a multi-family residential dwelling. Locus and Background: The property is a.50 acre lot that is,developed with a'5=bedroom,5-bathroom4 4,302 square feet multi family, Colonial style building. Mr.Hostetter,Jr.bought the propertyten months ago. Mr.Hostetter,Sr.previously owned the building and was given a Special Permit bythe Zoning Board of Appeals (Appeal# 1987-26) in 1987 "to allow an existing two-family structure to be converted to an office building." (The property had formerly been used as a restaurant and living quarters). The permit allowed Mr.Hostetter,Sr.to convert a then non- conforming two-family vacant dwelling into an office building. When the restaurant closed,the area was made into a second apartment,afterwhich,the propertywas used as a two-familydwelling. Mr.Hostetter,Sr.used the offices to manage development of contiguous lands into a residential subdivision. After five years,the Special Permit expired,and the property reverted back to single-family use. The property was sold in the early`90's,and the Hostetters recently bought the property back again. Within the last year,the applicants decided to convert the entire property into a four-unit apartment building,and proceeded to create two unpermitted units to the building which alreadyhad two legal apartments. The Building Department. became aware of the additional two units,and the Commissioner encouraged the Hostetters to apply for Amnesty,after which the applicants stepped forward to participate in the Accessory Affordable Housing Program. The two proposed accessory units as well as the two legal apartments are all located inside one building comprising feet and is located in the rear of the building on the - the multi-family structure. Unit C is 550 square ground level. Unit D is 380 square feet and is located in the rear of the building on the second level. The locus is in a Residential F,and AP-Aquifer Protection Overlay District. ' I Bk 19107 Pg 201 #78166 Procedural Summary: This appeal was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40.,4- The hearing was opened on June 9,2004 at which time the - Comprehensive Permit was granted. The Hearing Officer,Gail Nightingale presided over the public hearing. Also present were Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator. Findings as to Standing and The Comprehensive Permit- At the June 9,2004 hearing,the Hearing Officer made the following findings of fact: 1. The applicants are Daniel Hostetter,Sr.and Daniel Hostetter,Jr.,owners of property addressed at 4766 Falmouth Road,Cotuit~ Mr.Hostetter,Jr.has owned the property since September 18,2003,as documented and recorded at the Registry of Deeds in Book 9298,page 62. Mr.Hostetter,Jr.is requesting the Comprehensive Permit to convert two existing unpermitted apartments into accessory affordable rental units. The units are currently unoccupied.The applicants have submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting ownership of the property. In addition,they have submitted a certified plot plan dated July 2, 1992. 2. The applicants were issued a site approval letter dated May3,2004 from Kevin Shea,Director,Office of Community&Economic Development,qualifying their application for the Accessory Affordable Housing Program. The source of the subsidy is the federal Con: munityDevelopment Block Grant(CDBG) program 3. The proposed affordable rental units will be: a. Unit C at 550 square feet It is located in the rear of the building on the ground level;and b. Unit D at 380 square feet. It is located in the rear of the building on the second level. The units are inside one building along with the other two permitted apartments comprising the multi-family structure. They are located in a Colonial style building. '4. According to the Assessor's record,the building has a total of five bedrooms. The property has its own sewer/septic system that serves the multifamily structure. The site is within the AP-Aquifer Protection District. The Public Health Division has:verified that the proposed property meets both the conditions of the State's Title V Environmental Code and local Board of Health requirements,plus, approved the septic system at the site for a total of five bedrooms as per the"Housing Amnesty/Public Health"Form dated March 31,2004. 5. The town of Barnstable completed an inspection of the property on March 12,2004. The following was noted: "Unit(7 —A cover plate is needed for the living room ceiling,a cover plate is needed on an electrical outlet in the kitchen,the bathroom shower needs repairing,and the apartment unit letter("Unit C')needs to be posted on the outside of the unit;"Unit D"—The second means of_egress needs to be approved bythe Building Department,and the apart+npnr unit letter("Unit D")needs to be posted on the outside of the unit. The applicants are aware that a final inspection by theBuilding Division will be required and that the Building Division also has to perform all necessary inspections to assure that the unit(s)meets applicable minimum state and local code requirements before they are issued an Amnesty Certificate of Participation. 6. On March 31,2004,the applicants signed an Accessory Affordable Housing(Amnesty)Program Affidavit agreeing to comply with the program's requirements,and further agreeing to comply with the `provisions set forth in Article LXV(65) of the Town Ordinances that include their signing and recording Of the Regulatory Agreement&Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicant as a "limited dividend organization" as that term is used under M.G.L.c.40B SS 20-23. . 2 Bk 19107 Pg 202 #78166 7. The applicants understand that the affordable unit(s)will be rented to individuals)whose income is 80% or less of the Area Median Income (AMI)of Barnstable-Yarmouth Metropolitan Statistical Area MA) and further agrees that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development 8. According to the Massachusetts Department of Housing and Community Development,as of September 4, 2003,5.11% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minimum under M.G.L.c.40B$5 20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged A 9. Based upon the findings,the project is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the Health an 1 P g � J Pig d safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed Ruling and Conditions: Based upon the findings,the applicants,Daniel Hostetter,Sr.and Daniel Hostetter,Jr.are granted a Comprehensive Permit to permit the conversion of two pre-existing illegal accessory apartments (Unit C) of 550" square feet and(Unit D) of 380 square feet within a multi-familyresidential dwelling,subject to the following conditions: a ' 1. Occupancy of Unit C shall not exceed two people;and occupancy of Unit D shall not exceed one'. person. - 2. The units'shall not be occupied by a family member of the owners. 3. To meet the requirements of affordability,the applicants must rent the uriit(s)to a person or family whose income is 80% or less of the Area Median Income (AMID of Barnstable-Yarmouth Metropolitan Statistical Area(MSA),adjusted by household size. The monthly rent payable by a household inclusive of utilities shall not exceed 30% of the monthly household income of a household earning 80%0 of the median - income,adjusted byhousehold size. In the event that utilities are separately metered,the utilityallowance established by the town of Barnstable shall be deducted from rent level so calculated. 4. All leases shall have a minimum term of,orie year. 5. The property owners must obtain a building permit for the accessory affordable unit(s)whether the unit(s) are new or pre-existing. Before the issuance of an occupancy permit and Certificate of Compliance for the unit(s),the Building Commissioner must determine that the unit(s) conform with the approved plans as submitted to the file(as initialed by the ZBA Hearing Officer and submitted with the building permit application) and meets state building,fire and sanitarycodes. The unit(s)must also comply with applicable state on-site wastewater discharge requirements. 6. The applicants may select their own tenant(s)provided the tenant(s) meet all requirements of the program and provided that person(s) income is reviewed and approved by the Office of Community& Economic Development of the town of Barnstable as a qualified individual. The applicants will be iiequired to work with the town to provide information necessaryto document that the tenant(s) qualify. To insure that the unit is rented in an open and fair basis to an income eligible individual or family,the . unit(s) must be listed with the town whenever a vacancy occurs. Also,the applicants must notify the Office of Community&Economic Development of a vacancy whenever it occurs. 7. Every twelve months the applicants shall review the income eligibility of those individuals occupying the units. No later than a year from the date of issuance of this Comprehensive Permit the applicants shall file with the Office of Community&Economic Development of the town of Barnstable an annual affidavit 3" Bk 19107 Pg 203 #78166 listing the rent charged and income level of the occupant(s)of the units. The applicants shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. . 8. The Accessory Affordable Unit(s) shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 9. This Comprehensive Permit shall not be transferable to any other person`or entity without the prior approval - of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the propertyis transferred,the town of Barnstable shall be notified within 60 days the name and address of the new owner. 10. All parking for the dwelling and accessoryunit(s) shall be accommodated on site. 11. This Comprehensive Permit must be exercised and the unit(s)occupied within 12 months of its issuance or it shall expire. Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals r In accordance with Part II, Section 4.02 and Part III,Section 3.72 of the Town of Barnstable Administrative Code,the hearing officer transmitted her written decision to the.Zoning Board of Appeals on June 9,2004;and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2004-56 has been granted with conditions. Appeals of this decision;if any,shall be made to the Barnstable Superior Court pursuant to MGL C114ter.40A,Section 17,.within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL pter 40B,Section 22. ati•. :;; f�# ightingale aring icer Date Signed I, da Hutche er,Cle of the Town of Barnstable,Barnstable County,Massac�us t twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision al e.. decision has been filed in th is Town Clerk. �(,.•'•ytop*••-.O4. p�� Signed and sealed thi, P of under the pains and pet? rl Linda Hutchenrider,Town Clerk BARNSTABLE REGISTRY OF DEEDS O��E�OPFIF.yrG Town of Barnstable OAFL.BTADI.E• _ `Plannt:ng & Developm:ent De-partment - . MASS � � o;9 ° www.town..ofbarnstable:us/planninganddevelopment °H75 Elizabeth J;enkms,AIGP` Director December 21,2017 Sang Jin Lee 3112 Cranberry Highway Unit A East Wareham,MA 02538 RE; Accessory Affordable Apartment Piogr4r Corriprehensive Perm, if M 201'7 066 4766 Falmouth Road,; Cotuiq009%004). Dear Mr. Lee, Enclosed please find the Accessory Affordable Apar'tinent (AAAP) Withdrawal De"vision. clocked in at the Clerks,off ce today as well as the:return of your$200 check for the Patriot and a$150 cheek for the Barnstable County Regstry.of Deeds:• On September 27, 2,17, we.received an:application:from you fora Comprehensive Permit under the Towrr's Accessory Affordable: Aparment Program. As the;new owner of the above< mentioned property; you sought `to transfer Comprehensive Perrrut No, 20Q2 56` granted to the previous owner. The Planning and Development Staff placed you on the October.25,.:20a7 AAAP agenda andprovided.you with draft copies. of the Decision and Regulatory Agfeemen"t for.,'review. Since 'you o1 a`i:epfesentative,was riot present at, the. hearing, :the, Hearing 'Officer continued;the hearing,to December 13, 2017. Again,,neither, you nor a r,.epresentatve was present at'the AAAP hearing: The Hearing Off cer ruled to withdraw.the Comprehensive Permit,No.,20 M66 application. As ,you are aware; Comprehensive Permit.No. 2002=56 was issued June 9, 2004 .for:two Accessory Affordable Apartment units at,47.66 Falmouth R. Cotuit;under.the previous owner:.. The:Coinprehenszve.Permit spells out conditions that must.be'met in order t, remain: in;compliance with the program: The Comprehensive,Permit is not transferable' unless;the. new owner seeks to transfer the Comprehensive Permit by an application to the-Zoning Board,of Appeals, As you are not_:currently iii.compliance"with zoring,.you Aire:requ>red to restore`the property to single fami1, use. or you may seek a.Comprehensive Permit from the Zoning Board of Appeals; .Please be aware that flits issue is'fime sensitive 1 have.copied the Building Commissioner on this letter for possible enforcement "action and'have copied:the Zoning, Board of Appeals foraheir information.. if you wish to apply fora"Comprehensive Permit, you`must contact Arden.-Cadirn`to b'egiri the AAAP process immediately. She oah be reached at;-(508);862 46$3;, 200 Main Street;'Hyannis;'fNA 026U3:(o)508 862-4786(f)508 862=4j$4: :367 Main;Street;Hyannis,MA 02601,(0)50,8-862-4678(f)=508-862-4782 i i Do not hesitate to contact.mezt,862-4682 oi by enmail.at; anna.brighazn@town.barnstable.ma.us.if you require-arty further. information-; Sincerely, Anna Brigham Principal Plannez CC Brian.florence:,.Building Commissioner ArdenCadrin Housing Coordinator Alex.Rodolahs, Chaz,Zoning`Board of Appeals 200 IVIaVn 5treet,.Hyannis,:fVIA 02601(0)508-662 4786(0.:508-862 4784 967"Main Stredf,;Hyanhis;NIA 02601>(6)508-862=4678{f)5081862.4782: I ' G11 Town of B'arns'table t:�141 a .ate I i Uj lahing Board of Appeals Notice of Withdrawal without Preiuclic;e ,< <=; Accessory Affordable-Apartment;Programs ' Comprehensive Permit No.2017-066=Lee ? i Summary; Withdrawn Without Prejudice Applicant: Sang An Lee: 3112 Cranberry Highway; Unit A E. Wareham, MA 02538 Property Address' 4766 Falmouth Rd;<Cotuit, tv1A Property Owner: ProCare Realty LLC;Sang Jin Lee: Assessor's Map./Parcel; 009/004 Zoning: RF Hearing Dates: October 25-and December 13 2017 Background The previous.owne.r, Mr. Hostetter; was granted a Special'Permit:('No. 198,7 26) "to'allow an existing two E family structure to be converted to an office building ,(The property had.formally been used'as a restaurant and living quarters). The permit allowed'Mr. Hostetter to. convert a then';non.conforming two-famiiy vacant dwelling into an office building. When the restaurant was closed, the: area. was made into a second apartment, after which the property was used as a'IWO-family dwelling. After 5 years; the Special Permit expired and the property rev rted back to.single-family use; The property was sold in the earl y.199Ws:and later the Hostetters bought the prope"rty back. After which, the Hostetters decided to convert,..the 'entire property into a four .bedroom apartment unit-and proceeded to .create two unpermitted units to the:building, which already had two legal apartments The:Building Department,became aware.Of the.-additional two units .and the Hostetters applied and were: granted two Accessory Affordable; Housing Units .(Comprehensive Permit No: 2002-056).. Mr. Lee purchased the:property in'March, 20.17 and; ought,to transfer the existing Oomprehensive.Permit No..20027056 for 2 units; to reflect the:recent-transfer:;of ownership;;.by a Comprehensive Permit pursuant to Chapter 40B of the General Laws of the Commonwealth of'Mossachusetts, and in accordance With § 9-15 of the Code of the Town of Barnstable, more commonly termed the"Accessory Affordable Apartment Program". At the Accessory Affordable Apartment°Program heari gs:on October 25, 2017 and December 1"3, 201=7; the Applicant was not present nor was a representative present so the,Chair ruled towithdraw.Comprehensive Permit No. 2017-066 without preiudice Rrocedural &.Hearing:5ummary Mr. Lee submitted an application fora Site. Approval Letter as,prescribed in,the Code of Massachusetts Regulations 76-0 Section 56:00-.and provided for within the Accessory,Affordable;Apartment Program of the Town of Barnstable. The application'Was submitted as a local initiated 'Chapter 40B. Notification .of the' application was submitted to the Department. ,f Housing -and Community Development: A Site Approval Letter was.issuetl;to the:Applicant for the subject property.15' Town Manager, Mark Ells on August 21, 201'7.; Notice of the Site:Approval Letter was.,sent to the Departure t of Housing and Community Developmenf in accordance with.the`requirementsof CMR 760 56.00: An applicationfor°a Comprehensive Permit. s:filed: at.the Town°Clerk's;Office on Sepfember:27, 2017. ,A- public hearing before the Zoning Board of Appeals°Hearing Officer w.as;.duly advertised in the Barnstable { Patriot on October 6, 2017;and October 13, 2017 and notices Were sent to all abutters;in accordance-with Section 1:1 of MGL Chspter 40A, -The hearing`was°.continued;from October 25, 2017 to December 13, 2017. The.Applicant failed to,appear at either of the scheduled 'hearings-or request:a continuance prior to: the 'hearings. f 1. FED Ordered Comprehensive Permit No. 20:17-06,6 is.withdrawn without prejudice. Appeals,of this decisioh,]f a l,:shall be made pursuant to MGL Chapte0A, Section 17, within twenty (2'0) days,afte.r`the date of:th.e filing of this'r 4. deci 'on, a opy of which must be filed`in the office,of the.BafnstableTown Clerk:. ' r Ale R olakis, Hearing Chair Date Signed 1, Ann.Quirk, Clerk of the Town of.Barnstable;;Barn stable County, 'M'assachusetts; 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,ofthe Town Clerk: Signed and sealed this: day of underthe,p.ains a'nd.pe:nalties, 'pequry. Ann QuirkTow'n Clerk F 2 ��rr-�Yc��. w��� �.�e_S�rnS . � 1 z• . T �-,. tY!..Y+, py ,•"-""'7"."� CM mtn.•>3 ...Earn. .�p..�w(.p- ...f� ....4 r.,R FJ . a. +�.r. i } E h - u " �. t.a. .. - ,. ..36'HAND RAIL.HEIGHT .t .- 2*X6'T0PRAIL %4' NDER�z u RAIL Y.x Y SPINOEI S�o.c. JOIST_HANGERS -�, 6/4"DECKING :4%10®180.0 D.I JOIST �r �j Y%10'®18 OC . . ,.`TREATED L EDGER.- i . •:.. s;e BOLTED70,E%ISTING PORCH DECK JOIST _BEAM _ DOUBLE,'=1YTREATED GALV U10 BOLTS - BEAM WITH METAL BRACKET D LIVING 4x�TREATED POST EXISTING - WITH.METAIr POST: m. . ROOM 'r - FOUNDATION W N n� _ GRAD 48' '.,ANCHOR 801T } I /Y POURED CONCRETE - I A (1MTH TAPERED 80T70M) . DETAIL 4'CONCRET SUB.. . :.. .. . PROPOSED STAIR STAIR FRAMING PLAw k 4xr r �� 0 n� � lit. _.. �' '<. .,'� .�A •�VY f � e ►4't��'Q�?l�' u� ICIiRo j n- 3� 0.00`7 F �_ —�r < rwo ,_. 10 y } A s r -? t om *AP � living R t r N , a . gcn 4,3 WE f 'T i 15 3 i Fc ut'! ct ¢"C�tc�ri lVI : MAj rW Y Parcel Detail Page 1 of 4 rnLIL' A 101 Logged In As: Pa rce DeLa(I Tuesday,June 20 2017 Parcel Lookup L Parcellnfo Parcel ID 00g7004 I Developer PARCEL 2 �� F �a Lot Location 14766 FALMOUTH ROAD/RTE 28 I Pri Frontage 150 Sec RoadI Frontage Village COtUIt Fire District JCOTUIT Town sewer exists at this address NO I Road Index 0522 Asbuilt Septic Scan: 0090041 Interactive Map 009004_2 Owner Info Owner HOSTETTER, DANIEL C R- &ADAM J TRS ] Co-owner %PROCARE REALTY LLC m Streets 1,3112 CRANBERRY HIGHWAY UNIT A Street2 City JE WAREHAM �� State MA Zip FR538 Country Land Info Acres 0.50 = Use 4-8 Units MDL-01 I zoning F. ] Nghbd C104 Topography Level I Road Paved Utilities Gas,Well,SeptiC Location Construction Info Building i of 1 Year 1-7720 " Roof Gable/Hip Ext pWood Shingle Built Struct Wall Living�3'1'4�"'8�` Roof Ash/F GIs/C AC Central ` Area 6 �si Cover 1i p mp Type s Style Colonial I Int Plastered Bed 4 Wall Bedrooms �' P Rooms Gf& I Bath Model Residential Floor Carpet (Rooms 4 Full-0 Half Grade Average Plus —I Heat Hot Water 1 Total 8 Type Rooms Stories 2 Stories w/FA Heat Gas Found- Fuel ( ation Mixed Gross 5254 Area _ Permit History http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=229 6/20/2017 "'Parcel Detail Page 2 of 4 Issue Date Purpose Permit# Amount Insp Date Comments 12/21/2012 New Roof 201207948 $5,000 6/30/2013 12:00:00 REROOF STRIPPING AM OLD 6/28/2005 Remodel 85106 $4,000 AM27/2006 12:00:00 APT C 6/28/2005 Remodel 85102 $4,000 1/27/200612:00:00 AM 11/1/1986 Addition B30128 $60,000 /15/1987 12:00:00 CO REMOD' AM Visit History Date Who Purpose 3/13/201712:00:00 AM Anne Leonelli In Office Review 9/1 0/201 3 12:00:00 AM Robin Benjamin Cycl..Insp Comp 2/26/200912:00:00 AM Nancy Finch In Office Review 1 7/1 4/2006 12:00:00 AM Jeff Rudziak Permit/Hold as NewGrth' 5/24/200612:00:00 AM Jeannette Kirwan Change of Address 1/27/2006 1 i00:00 AM Gary Brennan Drive by inspection only 8/12/200512:00:00 AM John Greene CO Issued 12/14/2004 12:00:00 AM Paul Talbot Drive by inspection only 1/20/2004 12:00:00 AM, Paul Talbot Meas/Est 6/24/200212:00:00 AM Paul Talbot Meas/Listed-interior Access 9/15/198712:00:00 AM Andrew Machado Sales History _ Line Sale Date Owner Book/Page Sale Price 1 10/6/2008 HOSTETTER, DANIEL C JR&ADAM J TRS 23197/283 $1 2 9/18/2003 HOSTETTER, DANIEL C JR 17666/160 $365,000 3 7/15/1994 PACITTO, FRANK J TR 9298/67 $1 4 11/15/1993 PACITTO, FRANK J TR 8882/176 $120,000 5 9/15/1992 NATL CREDIT UNION ADM BOARD 8207/168 $108,750 6 11/15/1990 PHINNEY, NANCY M TR 7349/318 $200,000 7 11/15/1990 BARN COMM FEDERAL CREDIT 7349/310 $168,000 8 1/15/1990 LARGAY,CHRISTINA B TR 7032/167 $250 9 8/15/1987 CAPE HARBOR DEV CORP 5879/195 $1 10 8/15/1986 HOSTETTER, DANIEL C& 5230/332 $119,500 11 QUEEN,ANN A P.58768 } $0 12 QUEEN,ANN A 41A 4497/257 $0 13 3/10/2017 PROCARE REALTY LLC 30343/300 1 $335,000 Assessment History Save# Year Building Value XF Value OB Value Land Value Total.Parcel Value 1 2017 $221,200 $21,900 $0 ' $107,800 $350,900 2 2016 $221,200 $21,900 $0 $107,800 $350,900 3 2015. $216,500 $49,500 $0 $71,700 $337,700 4 2014 $216,500 $49,500 $0 $71,700 .$337,700 5 2013 $206,800 $49,200 $0 . $71,700 $327,700 6 2012 $228,300 $40,500 $0 $110,300 $379,100 7 2011 $257,400 $24,000 $0 $110,300 $391,700 6 http //issgl2/intranet/propdata/ParcelDetail.aspx?ID=229 6/20/2017 Parcel Detail 4 Page 3 of 4 8 2010 $257,400 $24,000 $0 $110,300 $391,700 9 2009 $0 $23,000 $0 $117,900 $140,900 10 2008 $376,600 $23,000 $0 $118,300 ` $517,900 12 2007 $399,900 $23,000 $0 $118,300 $541,200 13 2006 $349,500 $23,000 $0 $116,300 $488,800 14 2005 $297,700 $14,400 $0 $109,000 $421,100 15 2004 $185,100 $6,400 $0 $72,700 $264,200 16 2003 $178,200 $2,600 $0 $41,300 $222,100 17 2002 $178,200 $2,600 $0 •$41,300 $222,100 18 2001 $178,200 $2,700 $0 $41,300 $222,200 19 2000 $160,300 $2,700 $0 - $22,500 $185,500 20 1999 $160,300 $2,700 $0 $22,500 q $185,500 21 1998 $160,300 $2,700 $0 $22,500 $185,500 22 1997 $163,200 $0 $0 .$22,500 $187,000 23 1996 $163,200 $0 $0 $22,500 $187,000 24 1995 $163,200 $0 $0 $22,500 $187,000 26 1993 $156,000 -$0 - 1$0 $27,000 $183,300 27 1992 $176,700 $0 $0 $30,000 $208,100 28 1991 $172,800 $0 $0 $52,500 $226,300 29 1990 $172,800 $0 $0 $52,500 $226,300 30 1989 $172,800 $0 $0 $52,500 . $226,300 31 1988 $88,200 $0 $0 $24,900 $113,800 32 1987 $65,700 $0 $0 $24,900 $91,300 33 1 1986 1 $65,700 $0 $0 $24,900 $91,300 Photos a r http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=229 . 6/20/2017 .dam ��, ,. s"„ � a`'" '�a'✓��'� � `a� �'w ,� � ,e.+'hR T- PA a :-® " as7 w- s•r, � CV��'°�,_r"'5�. ,v3` 4 ,> kae`i�'",,, � �Rg I~ xlfir GIn {M' we ,a A., �. t`W �:ryy,"� Sy��,yy'�r✓ �! 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Corporations, external master page Page 1 of 2 Corporations Division Business Entity Summary q ID Number: 000927426 'Re uest certificate New search Summary for: PROCARE REAL-TY,-LLC The exact name of the Domestic Limited Liability Company (LLC): PROCARE REALTY, LLC Entity type: Domestic Limited Liability Company (LLC) Identification Number: 000927426 Date of Organization in Massachusetts: 06-24-2006 Last date certain: The location or address where the records are maintained (A PO box is not a valid location or address): Address: 3 GRANLI DRIVE City or town, State, Zip code, ANDOVER, MA 01810 USA Country: The name and address of the Resident Agent: Name: SANG ]IN LEE Address: 3 GRANLI DRIVE City or town, State, Zip code, ANDOVER, MA 01810 ' USA Country: - The name and business address of each Manager: Title Individual name Address 'MANAGER—' SAN;G-]IN'LEE-____ 3 GRANLI DRIVE ANDOVER, MA 01810 USA In addition to the manager(s), the name and business address of the person(s) authorized to execute documents to be filed with.the Corporations Division: Title Individual name Address The name and business address of the person(s) authorized to execute, acknowledge, deliver, and record any recordable instrument purporting_ to affect an interest in real property: Title Individual name Address http://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSummary.aspx?FEIN=... 4/4/2018 Mass. Corporations, external master page Page 2 of 2 REAL PROPERTY I SANG JIN LEE 13 GRANLI DRIVE ANDOVER, MA 01810 USA ❑ ❑Confidential ❑Merger ❑ Consent Data ' Allowed Manufacturing View filings for this business entity: ALL FILINGS Annual Report Annual Report - Professional Articles of Entity Conversion F Certificate of Amendment View filings Comments or notes associated with this business entity: j New search 1 http://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSummary.aspx?FEIN=... 4/4/2018 I Parcel Detail Page 1 of 4 ,, $� Z �r 17AYYS.�'F:I�Lk. ;_ •., ,. � ,a g,„x F 047 Logged In As: Pa rce I Detail Wednesday, April 4 2018 Parcel Lookup Parcel Info _................................................................................................................................................._.......................................................................................................................................................................................................... ......... Parcel ID 009-004 Developer Lot PARCEL N � Location 766 FALMOUTHROAD� Pri Frontage 150 Sec Road Sec FrontageF. Village�COtuit � Fire District COTUIT �� 1 Town sewer exists at this address ENO Road Index 0522 Asbuilt Septic Scan: 009004_1 Interactive Map a 009004_2 Owner Info Owner_PROCAREREALTY'LLC� Owner .. .,. Streets 112 CRANBERRY HIG Street2 �r y CityE WAREHAM State MA Zip 02538 , ,. Country Land Infoqz- j Acres 0 50 Use 4-8 Units MDL-01 1 Zoning RF )Nghbd 104 �I Topography[LeVW Road utilities GaS,Well Septic I Location ...... ....... ......... ......... ..... _. .__......_.. 'Construction Info ........ ... ................................ .......... ............- Building 1 of 1 Year Roof Ext " Built —1720 -(Struct.able/Hip Wall Wood Shingle Living 3148 Roof Ads h%F G1S1'& AC Central Area Cover p p T e Style Colonial V_ Inll iPlastered Bed 1'4 Bedrooms G Wall� Rooms i Model Residential Int Carpet Bath 4 Full-0 T Floor Rooms �v i Tl Grade Average Plus I TYPe FHot Water! Rooms 8 Heat stories 2 Stories w/FA Fuel Gas::_ F atnon IMixed � M i Gross � ) Area. i Permit History Issue Date Purpose Permit#. Amount Insp Date Comments 6/27/2017 Addn Alt-Comm 17-1130 $7,000 to build exterior stairs as a second means of egress http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=229 4/4/2018 Parcel Detail ' Page 2 of 4 from second floor. Apt A . open 1 doorto 36 x 80 in order to acess stairs. repair rear stair. 6/30/2013 REROOF 12/21/2012 New Roof 201207948 $5,000 12:00:00 STRIPPING OLD AM 1/27/2006 6/28/2005 Remodel 85106 $4,000 12:00:00 APT C AM 1/27/2006 6/28/2005 Remodel 85102. $4,000 12:00:00 AM 1/15/1987 11/1/1986 Addition B30128 $60,000 12:00:00 CO REMOD' AM Visit History Date Who Purpose 3/13/2017 12:00:00 AM Anne Leonelli In,Office Review 9/10/2013 12:00:00 AM. Robin Benjamin Cycl Insp Comp 2/26/2009 12:00:00 AM Nancy Finch In Office Review 7/14/2006 12:00:00 AM Jeff Rudziak Permit/Hold as NewGrth 1/27/2006 12:00:00 AM Gary Brennan Drive by inspection only 12/14/2004 12:00:00 AM, Paul Talbot Drive by inspection only 1/20/2004 12:00:00 AM Paul Talbot Meas/Est 6/24/2002 12:00:00 AM Paul Talbot. Meas/Listed-Interior Access 9/15/1987 12:00:00 AM Andrew Machado Sales History Line Sale Date Owner Book/Page Sale Price 1 3/10/2017 PROCARE REALTY LLC 30343/300 $335,000 2 10/6/2008 HOSTETTER,:DANIEL C JR &ADAM J 23197/283 $1 TRS 3 9/18/2003 HOSTETTER, DANIEL C JR 17666/160 $365,000 4 7/15/1994 PACITTO, FRANK J TR 9298/67 $1 5 11/15/1993 PACITTO, FRANK J TR 8882/176 $120,000 6 9/15/1992 NATL CREDIT UNION ADM BOARD 8207/168 $108,750 7 11/15/1990 PHINNEY, NANCY M TR 7349/318 $200,000 8 11/15/1990 BARN COMM FEDERAL CREDIT 7349/310 $168,000 9 1/15/1990 LARGAY, CHRISTINA B TR 7032/167 $250 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=229 4/4/2018 Parcel Detail Page 3 of 4 I10 8/15/1987 CAPE HARBOR DEV CORP 5879/195 $1 11 8/15/1986 HOSTETTER, DANIEL C & 5230/332 $119,500 12 QUEEN, ANN A P58768 $0 13 QUEEN, ANN A 41A 4497/257 1 $0 Assessment History Save Year Building XF Value OB Value Land Value Total Parcel # Value - Value 1 2018 $230,400 $21,100 $0 $107,800 $359,300 2 2017 $221,200 , $21,900 $0 $107,800 $350,900 3 2016 $221,200 $21,900 $0 $107,800 $350,900 4 2015 $216,500 $49,500 $0 $71,700 $337,700 5 2014 $216,500 $49,500 $0 $71,700 $337,700 6 2013 $206,800 $49,200 $0 $71,700 $327,700 7 2012 $228,300 $40,500 $0 $110,300 $379,100 8 2011 $257,400 $24,000 $0 $110,300 $391,700 9 2010 $257,400 $24,000 $0 $110,300 $391,700 10 2009 $0 $23,000 $0 $117,900 $140,900 11 2008 $376,600 $23,000 $0 $118,300 $517,900 13 2007 $399,900 $23,000 $0 $118,300 $541,200 14 2006 $349,500 $23,000 $0 $116,300 $488,800 15 2005 $297,700 $14,400 $0 $109,000 $421,100 16 2004 $185,100 $6,400 $0 $72,700 $264,200 17 2003 $178,200 $2,600 $0 $41,300 $222,100 18 2002 $178,200 $2,600 $0 $41,300 $222,100 19 2001 $178,200 $2,700 $0 $41,300 $222,200 20 2000 $160,300 $2,700 $0 . $22,500 $185,500 21 1999 $160,300 $2,700 $0 $22,500 $185,500 22 1998 $160,300 $2,700 $0 $22,500 $185,500 23 1997 $163,200 $0 $0 $22,500 $187,000 24 1996 $163,200 $0 $0 $22,500 $187,000 25 1995 $1.63,200 $0 $0 $22,500 $187,000 27 1993 $155,000 $0 $0 $27,000 $183,300 28 1992 $176,700 $0 $0 $30,000 $208,100 29 1991 $172,800 $0 $0 $52,500 $226,300 30 1990 $172,800 $0 $0 $52,500 $226,300 31 1989 $172,800 $0 . $0 $52,500 $226,300 32 1988 $881200 $0 $0 $24,900 $113,800 33 1987 $65,700 $0 $0 $24,900 $91,300 34 1 1986 1 $65,700 $0 $0 $24,900 $91'1300 http://issgl2/intranet/propdata/ParcelDeiail.aspx?ID=229 4/4/2018 • I , I �a�xze l,<� 3'i \'�,>.c.;�€��'� fix, � � "\� � t�•��� ���'\� us \\ �xa�\\ � �M \ �;; vaav avv �� yv fi � MM s K ,yea., 4, .x 1 a@: 4 � X ai mam ! mU \\ m\0�a\ xa ,.,; : ��.�:�`�. •gym➢ -'.; ,z\._.,_..� 5'va� tea,.;'\ -�`>'' ���,..x��.. "..�._ a '{,. � '..� .ii vP `fa I .f p \ \ 3�p oV ova � � P 3 ' . E,E{.OPMfN7 Town of Barnstable 2�b gip$ WRXBTAULB ) Planning & Development Department MASS 8 t °rFpµp�a�0 www.townofbarnstable.us/planninganddevelopmeni p�oreAaoS� Elizabeth.Jenkins,AICP j D(redor i December 21;2017 Sang!in Lee 31.12 Cranberry Highway Unit A ;East Wareham,MA 62538 RE: Accessory Affordable Apartment Program Comprehensive Permit No. 2017-066 4766 Falmouth Road, Cotuit(0097004) Dear Mir. Lee, { Enclosed please find the Accessory Affordable Apartment' (AAAP) Withdrawal Decision { clocked in at the Clerks office today as well as the return of your $200 check for the Patriot and.a$150 check for the Barnstable County'Registry of Deeds. On. September 27, 2017, we received an application from.you for a Comprehensive Permit j under the Town's Accessory Affordable Apartment Program. As the new owner of the above mentioned property; you. sought to transfer Comprehensive Permit No. 2002-56 granted to the previous owner. The Planning and Development Staff placed you on the October 25, 2017 AAAP agenda,and,provided you with draft copies of the Decision arid. Regulatory Ageemert for review: Since you or a representative was not present of the Bearing, ;the Hearing 'Officer continued the'hearing to; D.ecerriber 13, 2017. Again, neither~ you nor a representative'Was present at tihe AAAP hearing. The Fearing Officer ruled to withdraw the.Comprelensive Permit No,,20.17 066 application. As you are,aware; Comprehensive.Permit No:. 2002-56,was issued June 9,. 2004 .for:two Accessory Affordable. Apartment units at 4766 Fal no' .Road; Cotuit i rider the previous: owner:. The Co'mprel ensive Permit.spells out conditions that must be met in order to rernain in compliance with the program. The Comprelensive Permit is not transferable unless the new owner seeks to transfer the Comprehensive Permit"by an application to the Zoning Board of Appeals. As you are not currently in compliance with coning, you are required to restore the property to single family use or you may seek a Comprehensive Permit from. the :Zoning.Board of Appeals. Please be aware that this issue is time sensitive. I have copied the Building Commissioner on this letter for possible enforcement action and have copied.the Zoning Board of Appeals,for then information. if you wish to apply.for a Comprehensive Permit, you must contact Arden Cadrin to begin. the AAAP process immediately. She can.be reached at(509) 862-4683. 100 Main-Street,;Hyannis,MA 02601'(o)508-862-A786(fj508 862 4784 367 Main Street,Hyannis,:MA 02601(0)>508-8624678(f)508-8624782; I i I Do not-hesitate to contact me at•,862-4682 o1 by email at. Anna.brig_havh@tovtn.harnstable.ma us if Y. u'req.uire any further information. Sincerely, Anna Brigham Principal Planner CC Brian Florence, Building Commissioner Arden Cadrin, Housing.Coordinator Alex Rodolakis,Chair,Zoning.Hoard.of Appeals. 200 Main Street,Hyannis,MA 02601(o)508-862.4786(f)508-862-4784 367 Main Street,Hyannis,MA 02601(o)508-862-4678(f)508-862.4782 4 Town of Barnstable. °S Zoning Board of. Appeals (70 Notice of Withdrawal without Prejudice Accessory Affordable Apartment Program ram Cr ` '. Comprehensive Permit No. 2017-066-Lee rka FX) i Summaryc: 'Withdravi►n without Prejucl 6'. I Applicant: Sang Jm Lee 3112 Cranberry.Highway, Unit A E Wareham; MA 02538 Property,Address: 4766 Falmouth Rd,"Cotu f;,MA; Property owner: ProCare Realty LLC,;Sang Jin Lee= Assessor's Map/Parcel: 009/004 Zoning: RF Hearing Dates: October 25 and December 13,201;7 Background The previous owner, Mr. Hostetter, was granted a.Special Permit (No. 1987-26)"to.allow an existing two- family structure to be converted.to an office building": :(The property had formally been used:as a restaurant and living quarters). The permit allowed Mr. Hostetter to convert,a.then non-conforming_two-family_,vacant dwelling into an office building. When the restaurant.was closed, the area was made into a second apartment, after which the property was. used as a two-family dwelling; After 5 years; the SpecialPermit expired and the property reverted back to single-family use. The property was sold in the early 1990's and later the Hostetters bought the property back. After which, the Hostetters decided to convert the entire property into a four bedroom apartment unit and proceeded to create two unpermitted units to the building which already had two legal apartments. The Building Department became aware of the additional two units and the Hostetters applied and were granted two Accessory Affordable Housing, Units (Comprehensive Permit No..2002-056). Mr: Lee purchased the.property in March;:2017.'and ought ato transferthe existing Comprehensive.Permit No: 2002-656 for 2 units, to reflect the.recent transfer of ownership; by:a Comprehensive Permit';pursuant to Chapter 40B of the Gen.eral,Laws of# a Commonwealth of`Massachusetts;:and in.accordance with §O.A5 of the Code: the Town of Barnstable, more commonly;termed the"Accessory Affordable Apartment Program" At the Accessory,Affordable ApartmentiProgram hearings on'October 25, 2017 and:December 1'3, 2017;.the Applicant was not present nor was;:,a representative present so the Chair-ruled to withdraw Comprehensive Permit No; 2017-066 without prejudice: Procedural &Hearing Summary Mr. Lee submitted an application fora Site Approval Letter as prescribed in the Code. of Massachusetts Regulations 760 Section 56.00 and provided for within the Accessory Affordable Apartment Program of the Town of Barnstable. The application`was submitted as a local initiated Chapter 408. Notification of the application was submitted to the Department of Housing and Community Development. A Site Approval Letter was issued to the Applicant for the subject property by Town Manager, Mark Ells on August 21, 2017. Notice of the.Site Approval Letter was sent to the Department of Housing and Community.Development in accordance with the requirements of CMR 760 56:00. An application fora Comprehensive Permit was filed at the Town Clerk's Office on September 27, 2017. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the:Barnstable Patriot on October6, 2017 and October 13, 2017 and notices were sent to all abutters in accordance with Section 11 of MGL Chapter 40A. ,The hearing.was continued.from:October 25, 2017 to.December 13,2017.. The Applicant failed to appear. at either of the scheduled hearings or request: a continuance- prior to the. hearings. 1 v Ordered Comprehensive Permit.No 20,17 066�is withdrawn without`pt udice Appeals.of,Phis,decision ;if any,`shall be.made to MGL Chapter'4OA,.Section 17, within twen#y(20) days after the date;of`th filing ofatiis deei on, a opy;'of which must be.filed>nahe office i f the Bar`nstabl 16M ilerk; r All RcVolakis, Hearing Chair Date Signed I, Ann Quirk, Clerk of the Town of Barnstable:i 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 day of under the p:ains and penalties of perjury. Ann Quirk, Town Clerk I :z Qk 19:107 Ps 194 073166 02 : 39P REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS TFII�GULATO AGREEMENT and DEQ.ARATTON OF RESTRICTIVE COVENANTS,is made this day of ,2004,brand between Daniel Hostetter,JR.of 30 Bittersweet Lane, Osterville,MA 02655,. d its successors and assigns (hereinafter the "Owner"},and the TOWN OF BARNSTABLE (the"Municipality"),a political subdivision of,the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of accessory apartment(s) which will be rented to a Low or Moderate Income Person/Family(hereinafter"Designated Affordable Unit"; and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT'SCOPE AND DESIGN: A The terms of this Agreement and Covenant regulate the property located at 4766 Falmouth Road, Cotuit,MA,as further described in Exhibit"A"hereto annexed. B. The Project located at 4766 Falmouth Road,Cotuit,MA will consist of a total of four(4)apartment unk(s),two of which will be rented to eligible low or moderate income individuals (the"Designated Affordable Unit(s)"or the"Unit"). C. The Owner agrees to construct the Project in accordance with the terms of the comprehensive permit, Appeal No.2004-56 and any plans submitted therewith and all applicable state,federal and municipal laws and regulations (A copy of the comprehensive permit is annexed hereto as Exhibit"B") II. THE OWNER'S COVENANTS AND RESPONSIBILTTIES: A THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons of low income(herein defined as 80% or less of the median income of Barnstable- Yarmouth Metropolitan Statistical Area(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuityto a household with a maximum income of 80%of Area Median Income or, ess of the Area Median Income(AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development(HUD)for a household whose income is 80%of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established bythe Barnstable Housing Authorityshall be deducted from HUD's rent level. 3.`' The Designated Affordable Unit will be retained as permanent,year round rental dwelling units with at least one-year leases. 4.. +The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5.. -Ile execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. - • f Bk 19107 Pg 195 #78166 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental . instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE E The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity ma household with a maximum income of 80%or less of the Area Median Income(AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent(including utilities) shall not exceed the rents established bythe Department of Housing and Urban Development(HUD) for a household whose income is 80%of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, . the utility allowance established bythe Barnstable Housing Authority shall be deducted fromHUD's rent level. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated bythe Town Manager,within thirty(30)days of the date that a tenant has vacated the Designated Affordable Unit. IV, MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated bythe Town Manager agrees to perform the duties-of verifying that the Designated Affordable Unit is being rented in perpetuityto a household with a maximum income of 80%or less of the Area Median Income(AMI)of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent(including utilities)shall not exceed the rents established by the Department of Housing and Urban Development(HUD)for a household whose income is 80%of the median income of Barnstable-Yarmouth Metropolitan Statistical Area.In the event that utilities are separately metered, the utility allowance established bythe Bamstable Housing Authorityshall be deducted from HUD's.rent level. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediatelytransmit . to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. . 2 Bk 19107 Pg 196 #78166 VI GOVERNING OF AGREEMENT: This Agreement shall be governed bythe laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,pact or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. IX HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. X ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public piupose of providing safe affordable housing and shall be deemed to be,and bythese presents are,granted by the Owner.to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in Exhibit"A"hereto annexed and shall be binding upon the Owner and all successors in title. This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in Exhibit W. AIL TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units mayvoluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein.-Such cancellation shall onlytake effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2)notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable.County Registryof the Land Court as the case maybe,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is.the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 Bk 19107 Pg 197 #78166 XII. SUC)MSSORS AND SIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i)that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title,(iii)are not merely personal covenants of the Owner,and(ink shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XIII. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The . Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XIV. MORTGAGEE CONSENT: The Owner represents and warrants that.it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the temps and conditions hereof,and that all such mortgagees have executed consent,to this Agreement. IN WITNESS'WHEREOF,we hereunto set our hands and seals this 1 day of JU IV 200 OWNER BY: ' Printed: Daniel Hostetter,JR • I TOWN OF ST ABLE BY: ; Printed:JQlin own Mana er k 4 Bk 19107 Pg 198 #78166 COMMONWEALTH OF MASSACHUSEM County of Barn table,ss: 2004 On this o day of �I 20�fore me,the undersigned notarypublic,personally-appeared C� ,the Own r(s) ,proved to me through satisfactory evidence of' ntification,which were C44 DM'W-I IC ,to be the person(s)whose name(s)is signed on the preceding or.attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. �o koPtiPAr ca ; T Printed: l� ,# 1ic': MyComnvssion Expires: All COMMONWEALTH OF MASSAC-iUSETTS County of Barnstable,ss: r c ,2004. On this 0 day of a,& 200�before me,the undersigned notary public,personally appeared " h n M i�rr ,the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were ..` ,to be the person whose name is signed on the preceding or attached document dd a� ed to be that he/she signed it voluntarily for the stated purposes. Notary Public �t , Printed: 5Ai rl fe- 110 tj MyCornmission Expires: a8-0 cI 2•' M � - E r ;�, __Bk 19107 Pg 199 #78166 I\ Frank-J. Pacitto, "ti ustee of the PACITTO FAMI NOMINEE TRUST, under ,$ . a 'declaration of t st dated July 7, 1994, whych is recorded at the Barnstable County. Registry of Deeds in Record Book 9298 `Page 62 of -Barnstable, Barnstable County,Massachusetts in consideration of $365,000.00 °paid grant to Daniel C. Hostetter, 'Jr. of. 30 Bittersweet Lane, Osterville, MA 02655 • � . '..with tTui#clttittt icnbenunta the land in Barnstable (Cotuit),, Barnsta}le County, Massachusetts, deseri - ed as follows: ai �q NORTHEASTERLY: ' by Parcel I as shown -on plan hereinafter referred to J 161 .00 feet; al 0 NORTHWESTERLY: ' . again shown on said plan, 151 :41 feet; I M SOUTHWESTERLY: by land now or formerly of Herbert E. Johnson 131 .45 feet; and b SOUTHEASTERLY: by. Route 28 as .shown on two courses a total distance 0 of 146.81 ,feet. . P4 a . . The above .desc=ibed premises are shown on "Plan of Land in Santuit, Barnstable, Mass. for Dora M: Nickerson Scale I inch - 40 feet, February, 1972, Cape, Cod Survey .Consultants, Iyanough Road, Hyannis mass.". Said plan is. on file at said Registry in Plan Book 254 Page 6. { � . Said land is coriveyed subject to, and with 'the benefit of,. all matters I of, record to the. extent the same are in force' and applicable. The within Grantor hereby certifies that: he is the sole trustee of " said trust; said .trust' is in legal existence and.has not been amended; all .of the beneficiaries are over the age of 21 years and are compet-• b ent; and I have the power and .have been duly directed by all of. the beneficiaries'to' convey. the within described-real estate to the .-'.Grantee, for the above stated-.consideration.... N. 0 I w For title,'- reference is made 'to Record Book 9298 Page 67. Executed as a scaled.instrumcnt this 18th day of September ,2003 �ee_ rank J. Pacitto, Trustee ` Qtlje f![nntmunfn¢ttltii .nf �Ittssttxl�usetts Barnstable ss. September' 18 2003 Then personally appeared tiro above named Frank,J. Paeittoy..Trustee as aforesaid and acknowledged the foregoing instrument to be tA— hiseed,Before me, � S en V. Murphy Notary lublfc ?Gy4 HiXRddJL My commission expires. July 9, 2010 } `OF,HE I; Town, of Barnstable BARNSI'ABLE : Regulatory Services MASS. 039• Building Division rfD MPS� 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection -7 �D yr 4 Location Permit Number Owner Builder One notice to remain on job site,one notice on file in Building Department. The following items need correcting: C21 S-TA tip - C o fi e 5 at C) `T "o;v Law t^oK 71 Please call: 508-862-4038 or re-inspection. Inspected by a. Date ��� � 17--12 ?, 16 - 3763 CAPE COE l OF BARNSTABLE J5 INSULATIU, V 1 5 f`i rli11: *?6 118IA OtA17 11AMt111 SPRAY FOAM CUf/1N010 ' 1AIIC OUIIIAI INUTAIION CIItIN01 1-800-696-6611T}CIS-10 Town of Barnstable Regulatory Services Building Division 200 Main St Hyannis, MA 02601 Date: 411) Dear Building Inspector Please accept this Affidavit as documentation that Cape Cod Insulation, Inc. performed .& completed the insulation and weatherization work at the property listed below, Cape Cod Insulation did this in accordance to the specifications listed on the building permit application, All work has been inspected by a certified Building Performance .Institute '(BPI) inspector, All work preformed meets or exceeds Federal & State Requirements. Property Owner Property Address Village . ]�/y -pC0 byJl� AD Cot J Insulation Installed: Fiberglass Cellulose R-Value Restricted Unrestricted Ceilings Slopes QD Flocks ( ) ) ) ) ) Walls t<(v� 2`�7-Not NCr�/ (VOr Sincerely 2ryHE ssi r, President Ins ation, Inc, Shea, Saliy From: Shea, Sally Sent: Tuesday,June 20, 2017 2:00 PM Toc 'info@bccdesigns.com' Subject: ViewPermit, Permit No:TB-17-1730 Hi Bernarda, You have been approved by Historic for your application. Please come in and we can move forward with your permit request. Please call if you have any questions. Sally Shea Town of Barnstable Assistant Zoning Admin//LLead Permit Tech. 508-862-4031 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION LA `Map Parcel ® Application # l 3d j-lealth Division l Date Issued Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation/ Hyannis Project Street Address J VillageO�LIJ ` Owner Address Telephone y Permit Request B 0 Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District ? Flood Plain Groundwater Overlay Project Valuation OCR Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing _new Total Room Count (not including baths): existing new First Floor Roo Counter im, Heat Type and Fuel: ❑ Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing woodhcoal stove ❑l! s ❑ No laJ � Detached garage: ❑existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑existing ❑ new size_ Attached garage: ❑ existing ❑ new size —Shed: ❑existing ❑ new size Other: ssa Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name buy�&fda, 06Y—W% ,a's Telephone Number Address W .' License# 1 SO Home Improvement Contractor# Email�K-1f) J6 LCYL kr ,S. ` CU�-\ Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO �M .► i1v� SIGNATURE DATE FOR OFFICIAL USE ONLY APPLICATION #� DATE ISSUED MAP/ PARCEL NO. ADDRESS VILLAGE OWNER r _ I DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE `ELECTRICAL: ROUGH FINAL , PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. Ric Corl mortirea.Ith oflffassr dmmetls Deporarrent aflfudustrial Accidcrds - -- a we OfInvWtigadans 600 Washfiig du Xtreet -- Bastori�,AL4 02111 4 vtivina mHov1din , Workers' Campensa an ice Affidavit 13mtder-dCjantractar--JElect ddms/Phlmhers Appli-canthfarmatign PleasePrintL E.e U Name(Husm�=L-d.fi deal Address �it�lfatefig Phan41-1 Are you an employer?Checkthe appropriate box: . Type of project(regaired)c ❑I= general contmck-and I I. �eanplo�es u'rtb- i , a ge 6. Ides construction employees(full an�dfoE part-lyme�* liave hired the sub�ontrat-fars ❑ 2.❑ I am a sole proprietor or Partner- Pisfed oa the attached sheet. 7• ❑Rr modeling slip and have no employees. These Mlb--codractors have 9.,❑Demolition w Q for in an employees aadhave Wodcers's Buildin addition - com su.snrati�.$ 9. [Na UP&M. comp.r,�sa„ce F re$. ❑ We a a•corporafifln.and its 10_0 Eleefucal repairs or a,d�ioas retlnired] 3.❑ I am,a homeovn er doing all work offncers have exercised their 1L❑Plumbing rep airs or additions myselE LNo wokkiars'gip- right of exemption per MGL 13.❑Roof repaim ino anceretpuirerl]Y c.152,¢1Mandwe have no employees. .90 Wooriress' 13.❑Other comp.iasmaacerequired_Z . #Any gTHc=t6nt checks box 91 mnst also ffiau[tfie sectEoabeTawshmaing dipa�uorlleis'compeasatinupo&cyiaformsriaa I ffameowaersubo submit finis affidavt=&C2tn%tbey ue do-iag RU-air-1 ffizo him cuiside=tmctarsamct su5mitanearaSd2VR in&cstiIZ smrTi Inn=ctorsr'SatcheaTv box must zttadudraaddibanslSheplsfioWbgthenuaeotIliasnlrcantXCt0Msadstdewlrethecar not ihnseeulitieshive emp9oyzes.IfthesuUtaat�da�sIuce empIafcts,lfieymorstgmt�de their uvrkeW comp.policy aumben I air!att eulp��r tlsrrt a pra�zdirlg wvarlcers'coar�rlsrn`iart itlsruallca f'vr�r!}�elrrplo,}�es $elvty is tl�egaFicy�rind job site inf ormrct&m Insurance CouipaIIy i�fasre: rr�''y'� �- . Policy or Self Jio.4LV 1-l jpiFatinaDate: '1 Jots Site tlddress' !�J :1 N'L U UTk ILA Q city/stafe1zip: Attach a copy of the workers'compensation policy-declaration page(showing the policy number and expiration date). FaiSnre to secure coverage as require duuder Section 25A of MM c 152 caa lead to the imposition of criminal penalties of a fine up to$UDD 4a andtor one-year imprisonment,as wea as civil penalties in the farm of a STOP WORK ORDER and a free of up to$230-00 a dap against the violatrsr_ $e advised dint a copy of this statement.i ay;be forwarded fn the Office of Iuv-estrgations ofthe DJA,for-MSUranCe Coverage yMrifrcation. I do hereby cgd fJ�Finder tltd prutlS ld�p8lIQ�S Of y`tlla Fet�Ir1 As u!f orma&7j pro!•dkd a bola is,bars an d�c arrest {3'iP�atIILB: Date: �Y Phoneik O Trird use cxrlT}:. Do z1vt mate in thh Area,tft be ca'trsptetesd by city artown a,;fficL L City or Town: Eermitf lcense# Issuing.kuthority(circle one): L Board of HeaHii 2.Building Department 3.City1rown.Glens d:Electrical Inspector 5.Phmbmg inspector 6.Other Contact Person: Phone 9: ormation and lastruct ons , MassachtiseiLs General Laws chapt z 152 requires all empIoyets in provide worke>;s': comipepsafion for their employees. p tbss she,an en playee is defined as".,everppersan in.t$e seaYice of another tinder any aofra.ct ofhire, express or nnplie d,oral or written.•" An Moyer is defined as"an inCFTddaal,partn=b-iP.associafion,corporation or other legal entity,or any two or more of the foregoing=gaged im a Joint ,and inclncimg the legal=PrE:&eabdTes of a deceased employer,or the receiver or trastee of an individual,paiinesbip,association or other legal entity,employing employeeg- However the owner of a dWeI Ling house havi not more than tiaee aPEdmenis and who resides therein,or the occupant of film- dwellmg house of another who employs persons to do maiteamce,constzaction or repair wot$on such dweIlmg h=D or on.the g�mumds or bMYMg appt¢innamt thereto shall notbecanse of snot emiplayment be deemed to be m employer." MGL chapter 152,§25C{6)also states that"every state or local licensing age-acp shall.wifhh.Qld fhe issuance ar renewal of a j3cet:se or permit to operate a Tmda ess or to construct btffidiags In the commonwealth for asrp applicant who has notprodaced acceptable evidence of compliancewifk the ftGmrance_covetragerequired-" Ad�ionaIly,MCrL ehapinr 15Z,§25 states fileitherthc co=aaweannor gy oftfs political subdivisions sbaIl enter M-M any oon cast for the perform mw ofpmbhc waticumtil acceptable evidence of comipIiancevvith the ins-ur�mce. requm emmfs of this chapfer have been presented.in the confracting aab.oay.7 AppHca**ts Please fill.o:Ct the workers'compensation affidavit completely,by chr-6H.ug$e boxes that apply to your situation and,if necessary,sapp1y sob-contractors)name(s), addresses)aid phone,:uambex(s)along wilhthri<c(--rdficate(s)of ;n=anc=e_ Lnnitr-d Liability Companies(LLC)or Li[n e Liability Partnerships(LI P)v*itlino employees other tbm the members or partners,are not rbquiled to cagy workers'corPensafion'a o nce- If an LLC or LLP does have employees,a policy isregailed. Beativised that this affidayit maybe s bmito-,dtotiieDepartmmtofTndmsirial Accidents for conErmation of in anc—e coverage. Also be sure to sign and date the affidavit The affidavit should be�tomme:d to$e city or towntiiat the application for the permit or license is being requested not the Department of L,dn ctriai A c:dd=-t. Sh ouId you have aay gnestioms regmdmg the Iaw or ifyon are relad-rt=d to obtain a.workers' compensation policy,please call tine Department at then berlistedbelow Self-insuredca�anies should enter their self--i crrm ce license number aa.fhe apPmPIIafn line. City or Town.Offccials Please be snare that the affidavit is=npletm andpri dvdlegibI . The Deparf.enthas provided a space at the bottom of the affidavit for you to fill otEt iathe event the Office ofIuvestigatinns has to contact you mgardingihe applicant Please be sore to fill in the p ermitllicense number which will be used as a reference nn=ber. Tn.addition,an applicant that must submit multipIe pentllicense applications is any gry y only rrnt en ear,need o submit one affidavit indicating • or policy,ial�raation,(uf necess� )and umder"lob Site Address"tie applicant shot?A vote"aII locatiLns is (Ghf town);'A copy of the-affdavitthathas been officially stamped or markedbytTie city ar tovtnmay be provided to the applicant as proofthat a valid affidavit is on file for foiure•permiis or.Tlcemses. A new affidavitmvst be fined out each year.Where a home owner or cfiizm is obtaining a license or permit not rt•:'Iated to any business or commercial Yeotare (ie. a dog license orpemtit to burn leaves said person is NOT retjuirDd to comPIete this affidavit The Officeofln4 =wovldlfimtoii>ankyQtlmadvanceforyoQrcooperaiienaadsbonldyonhave any quesions, please do not hesitate,to give us a cal The Departments atidress,telephone and fax=amber: C�DxMMQ t ajh of Massach> I}��garCm�af1>zd�zal�oci��.� • tie 4��,ZFe,�tig�t1o.� 6W Woman 3 �a�ns I�4 E ].11 Tf,-1.#E1'i -490a t,-xt 4-06 or 14 MagAFR Fax 617`27 7M Kevise3424-07 .Mas gck Idrd- a AWC Guide to Wood Construction in ugh Wind Areas:IiO Mph,Wind Zone Massachusetts'CheckWt.for Compliance'(780 CMR 5301.2.1.1)t Q Check 1.1 SCOPE Compliance Wind Speed(3-sec.gust)....::...............:..:.............................:......:....................:................ ..............110 mph WindExposure Category.................................................................................................................a..............B 1..2.APPUCABIUTY Number of Stories(a roof which-exceeds 8 in:12 slope shall be considered a story) stories <_2 stories. Roof Pitch (Fig ) Mean Roof Height (Fig 2 ' BuildingWidth,W.............:.................................................(Fig 3)................................................ _ft 5 80' Building Length,L ..............................................................(Fig 3)................:................................_ft 5 801 . Building Aspect Ratio(UvV) ...:......:.:.............................::..-(Fig 4)................................................. 5 3:1 Nominal Height of Tallest Openi`W.:.................................(Fig 4)................................................ 1.3 FRAMING CONNECTIONS General compliance with framing connections..............:.....(Table 2):..................................... ................... 2.1 FOUNDATION .._. Foundation Wails meeting requirements of 780 CMR 5404.1 ro Concrete............................................................................................................................... ConcreteMasonry................................................................................................................................... 2.2 ANCHORAGE TO FOUNDATION1'3 518"Anchor Bolts imbedded or 518"Proprietary Mechanical Anchors as an alternative in concrete only Bolt Spacing—general......... ............................(Table 4). ............................................. in. ` Bolt Spacing from endroint of plate ............................(Fig 5)..................................... in.5 6°—12" Bolt Embedment—concrete........................................(Fig 5)................................................._in.> ' Bolt Embedment—masonry.....................................::..(Fig,5):.:..:..:.......:..........:........:....... in.?:15" PlateWasher..:.....:................................................:.....(Fig 5)...............................................>3°x 3"x Y4" .3.1 FLOORS ` Floor framing member spans checked .....::...::.:...............: (per 780 CMR Chapter 55)................................... - Maximum Floor Opening Dimension................................ .(Fig 6)............................................... _ft 512' Full Height Wall Studs at Floor Openings less than 2'from Exterior Wall(Fig 6)....................................... Maximum Floor Joist Setbacks Supporting Loadbearing Walls or Shearwall: . ... .(Fig 7)...................................................._ft s d. ' ......... .. Maximum Cantilevered Floor Joists Supporting.Loadbearing Walls or Shearwall.... ...........(Fig 8)............................................:.........._ft s d Floor Bracing at Endwalls................... .(Fig 9)..:.............................................................. Floor Sheathing Type ....... ........... ....(per 780 CMR Chapter 55):............... ................ . ................... ............. . . ... Floor Sheathing Thickness'::::..:::::...:..: '.:. ... (p p 5)..................:::.. in. .... ..:... .....:.:::...(per 780 CMR Chapter 5 - .- Floor Sheathing Fastening.......................... ..............(Table 2)..._d nails at in edge/ in field 4.1 .WALLS Wall Height Loadbearing walls............. ......................................(Fig 10 and Table 5)......... .............. ft 510' Non-Loadbearing walls................................................(Fig 10 and Table 5)..........................._ft 5 20' Wall Stud Spacing .........................................................(Fig 10 and Table 5)................ _in.5 24'o.c. Wall Story Offsets ........................:................................(Figs 7&8)........................................... ft 5 d 4.2 .EXTERIOR WALLS3` Wood Studs Loadbearing walls....................................................(Table 5)...........:..................2x -_ft_in. Non-Loadbearing walls................................................(Table 5)..............................2x -_ft—in. Gable End Wall Bracing Full Height Endwall Studs............................................(Fig 10).......................:..:............:.....:......... ......... WSP Attic Floor Length...............................................(Fig 11).........:................. ft>W/3 ................. Gypsum Ceiling Length(if WSP not-used)..................(Fig 11)............................................ ft 2:0.9W and 2 x 4 Continuous Lateral Brace @ 6 ft.ozc (Fig 11).................................. ............ .......`........ or 1 x 3 ceiling furring strips @ 16"spacing min.with 2 x 4 blocking @ 4 ft.spacing in end joist or truss bays Double Top Plate Splice Length ...........................:............................(Fig 13 and Table 6)....................................._ft Splice Connection(no.of 16d common nails) ....:.......(Table 6)....................................................... _ AWC Guide to Wood Construction in High find Areas:110 mph lend Zone Massachusetts Checklist for Compliance(78o CMA 5301.2.1.1)i Loadbearing Wall Connections Lateral(no. of 16d common nails)...............................(Tables 7)...................................................... Non-Loadbearing Wall Connections Lateral(no. of 16d common nails)...............................(Table 8)........................................................ ' Load Bearing Wall Openings(record largest opening but check all openings for compliance to Table 9) Header Spans ........................................................(Table 9).................................._ft_in._<11 SillPlate Spans ........................................................(Table 9)............................,....._ft_in.511' Full Height Studs (no.of studs)...................................(Table 9)........................................................ Non-Load Bearing Wall Openings(record largest opening but check all openings for compliance to Table 9) HeaderSpans.............................................................(Table 9)............................... _ft_in.s 12' SillPlate Spans...........................................................(Table 9).................................._ft_-in.512' Full Height Studs(no.of studs)....................................(Table 9)........................................................ Exterior Wall Sheathing to Resist Uplift and Shear SimultaneousV Minimum Building Dimension,W Nominal Height of Tallest OpeningZ ..............................................................................._s 618' SheathingType.............................................(note 4)...................................................... Edge Nag Spacing....................:............:.......(Table 10 or note 4 if less)....................... in. FieldNail Spacing..........................................(Table 10)................................................. in. Shear Connection(no.of 16d common nails)(Table 10)..................................................... Percent Full-Height Sheathing......................(Table 10). ...... .......................................... _% 5%Additional Sheathing for Wall with Opening>6'8°(Design Concepts).................:... Maximum Building Dimension,L Nominal Height of Tallest OpeningZ........................................................................._5 6'8° SheathingType..........................................:..(note 4)...................................................... Edge Nail Spacing...........................................(fable 11 or note 4 if less)....................... in. FeldNail Spacing.........................................(Table 11)................................................. in. Shear Connection(no.of 16d common nails)(Table 11).......................................................o Percent Full-Height Sheathing.......................(Table 11)..................................................... 5%Additional Sheathng for Wall with Opening>6'8°(Design Concepts)..................... Wall Cladding Ratedfor Wind Speed?............................................................................................................................. 5.1 ROOFS Roof framing member spans checked?.......................(For Rafters use AWC Span Toot,see BBRS Website) Roof Overhang ............................................I......(Figure 19)............._ft s smaller of 2'or L/3 Truss or Rafter Connections at Loadbearing Walls Proprietary Connectors Uplift................................................(Table 12). ................................... ..U= plf Lateral............................... .................L= pif ..............(Table 12)............................ Shear..............................................(fable 12)..............................................S= plf Ridge Strap Connections,if collar ties not used per page 21... (Table 13)...............................T= plf Gable Rake Outlooker.........................................(Figure 20)............._ft s smaller of 2'or L/2 Truss or Rafter Connections at Non-Loadbearing Walls Proprietary Connectors Uplift................................................(Table 14)............................................U= lb. Lateral(no.of 16d common nails)...(Table 14)......:................................L= lb. Roof Sheathing Type...................................................(per 780 CMR Chapters 58 and 59)............ Roof Sheathing Thickness......................................................................................... in.z 7/16'WSP RoofSheathing Fastening...........................................(fable 2)............................................................................................ Notes: 1. This checklist shall be met in its entirety,excluding the specific exception noted in 2,to comply with the requirements of 780 CMR 5301.2.1.1 Item 1.If the checklist is met in its entirety then the following metal straps and hold downs are not required per the WFCM 110 mph Guide: " a. Steel Straps per Figure 5 b. 20 Gage Straps per Figure 11 c. Uplift Straps per Figure 14 d. All Straps per Figure 17 e: Comer Stud Hold Downs per Figure 18a and Figure 18b 2. Exception:Opening heights of up to 8 ft.shall be permitted when 5%is added to the percent full-height sheathing requirements shown in Tables 10 and 11. 3. The bottom sill plate in exterior walls shall be a minimum 2 in.nominal thickness pressure treated#2-grade. AWC Guide to Wood Construction in High Wind Areas:110 mph,Wind Zone Massachiisett§Checklist for Compliance(780 CNm 5301.2.1.1)1 4. a. From Tables 10 and 11 and location of wall sheathing and Building Aspect Ratio,determine Percent Full-Height Sheathing and Nail Spacing requirements b. Wood Structural Panels shall be minimum thickness of 7116"and be installed as follows: i. Panels shall be installed with strength axis parallel to studs. I All horizontal joints shall occur over and be nailed to framing. iii. On single story construction,panels shall be attached to bottom plates and top member of the double top plate. iv. On two story construction,upper panels shall be attached to the top member of the upper double top plate and to band joist at bottom of panel.Upper attachment of lower panel shall be made to band joist and lower attachment made to lowest plate at first floor framing. v. Horizontal nail spacing at double top plates,band joists,and girders shall be a double row of 8d staggered at 3 inches on center per figures below:Vertical and Horizontal Nailing for Panel Attachment _ -KHM THIS EDGE F E M ON F R4A1 M USESd KAU ATb ae , 11 n 64 11 11 1 it 11 it It 11 11 11 11 1 11'll I •r 11 1l c 11 11 N l O 11 A • F It 1t .6 1/c it o h n 1 z o It tt� 1 � e u 11 11 - it it g 1 Ie .T� n Iulp .11 . EL u 1 1 -9 IF W -- • 1. N 11 1It 11 r1J- 11 y •-r4Ink r ITTJ III 1 r � r DOUS EFDGE '` MAL. Ac _ t vJ - See Detail on Next Page _ Vertical and Horizontal Nailing for Panel Attachment AWC Guide to Wood Construction in High Wind Areas:110 mph Wind Zone Massachusetts Checklist for Compliance(7sa CMJR 5301.2.1.1)t "U 1 1 1 a 1r 1 1 ( f 1 ; . , 1 FRAMM M 1 1 1 1 Z . 1 f 1 1 cl � r 6�ML 1 1 SSA MN T1A11.PA1 fBiN PANEL PANM EDGE DOUBLE NAIL EDGE SPACE DETAL. Detail Vertical and HoAzontal Nailing for Panel Attachment AWC Guide to Wood Construction in High Wind Areas:110 mph Wind Zone Massachusetts Checklist for Compliance(78o cmx 53o1.2.1.1)1 FAQ*: WFCM Checklist Question: I understand if a new home is.built in a town in a iio mph wind zone then the American Forest and Paper Association (AF&PA) Wood Frame Construction Manual can be used to prescriptively design it. I also understand that in some cases the home can be framed per the WFCM1oo mph Guide, if it meets certain requirements including but not limited to aspect ratio, roof height, number of stories, and exposure category(B). I have heard that Massachusetts has a "modified" checklist that can be used instead of the checklist at the end of the Guide. Is this true and what can you tell me about this "modified" checklist? Answer: You are correct on the items that you have noted. MA has modified the checklist in several important ways. The MA version allows a roof with a pitch up to and including 8 in 12 to not be "counted" as a story. Further it does not require steel hold downs and straps in many locations if full height sheathing is used as defined in the MA checklist. Further, if the building will have furring strips installed in the ceiling abutting the gable wall then 2 x 4s installed on top of the ceiling joists are not required. There are other changes as well that were not noted here. The MA version of the checklist was formulated in recognition of the highly regarded framing methods used in MA for many years and wood framing that has been used in North Carolina over the past 10 to 15 years which has performed well in severe hurricane weather in that state. *Answers to FAQs are opinions of the BBRS Staff and do not reflect official positions or code interpretations of the BBRS. i �ZHE„ Town of Barnstable Regulatory Services Richard V.Scah,Director 1639• ''rfD Mr►�� Building Division Paul Roma,Building Commissioner 200 Main Street,Hyannis,MA 02601. www.town.barnstable.ma.us Office: 508-862403 8 Fax: 508-790-623 0 Property.Owner Must Complete and Sign This Section if Using A Builder dam- M as Owner of the subject ro e I l p P riY hereby authorize r ``� to act on my behalf, in all matters relative-to work authorized by this building pert it application for: (Address of Job) **Pool fences and alarms are the responsibility of the'applicant. Pools are not to be filled or utilized before fence is installed and all final inspections are performed and accepted. A�3— S'&tore of Owner Signature of pplicant LA4 C c P he rae2 Print Name Print Name Date Q:FORMS;OVINERPERMISSIONPOOLS Town of Barnstable Regulatory Services pt tKE Richard V.Scali, Director Building Division s,�iuvsrnst�. Paul Roma,Building Commissioner s . �m� 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 LOCATION: number street village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: 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. DEFINMON 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: G°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 to amend and adopt such a form/certification for use in your community. Unit "A" 32'--0" 7-3" 6`--0" 5'-6" 3=5" 3'-0-x48' 9b-x4'8" Y-0-1 4,4r YO"x4F 3'-0'x4=B" i N N k ' k• 0 k iV k 4 to �1 b Bedroom Dining Room.-` i Gk k CO t NO closet N z r6-xe'�- xI-- E' �-xe•-e- -� x 10.0 11-0" 8 ,���,'UV'0 T =10 N bLO 31- 0 � i O� k it Living Room 00 Kitchen b o A -1 CO Cn 3��� { 16-10" 15'2" A 4766 Falmouth Road G� � Cotuit, Ma. r � t s Unit ►,p„ Q„ 26�-o" Closet 0p C N 2'rx6'8* --------------� 5'40„ b to x Bath x A N Studio 6.o- aroo M n, o 0 Kitchen 2-8'xB r 51--5" 2W--0" 4766 Falmouth Road ; t= �t t Cotuit, Mass. E. "C N,a 1,%f+ r Litt 319VISMS J jwoi I Unit "C" 28=000 G ►� Y `� G m, N� , k W G Bath - Common � Kitchen Laundry , O X 3-9" e M chanical _y Room Closet G N G G N 2�•xs� 2'6•xe� � 6'Xxe•A•CO r 3 2 5'-4" `�5'40" - � 3'." 2 8' • G 0 6 tp Bedroom Living Room O K� N r- 8'-6" 1T-11" 6-5" 27'-10° 4766 Falmouth Road Cotuit Mass. Nw Unit "B 31=10 5'-3" 6,B" '5" 4,3" 3,6' n n Q N y k Access w 4 Q, Bedroom #1 to unit P „A„ Bedroom #2 N z--.Ta ----- , -- ---- - ----- 10'-10' 16':10" L 31-6IT cp , to zsxse� Closet Living Room Bath kk 00 2=r� X � b«� n6� 9,1" 4'--3 12V" a N c0 b 4 Kitchen Q 4766 Falmouth Road Cotut, Ma. 0 _ o 4 Dining . Room IOII'��4 � X h I , s Commonwealth of Massachusetts I t® Division of Professional Licensure + i Board of Building Regulations and Standards Consvl� t r{��i visor ' CS-091538 yT E1-Pir es:05/20/2019 ` BERNARDA M2CARDENES Z f 74CONGRES�STREET, C j LAWRENCE M 841, Commissioner C'L � { c�'1ie rPomvacarcioea/�/c o��aaoaclsaetta 1 I Office of Consumer Affairs&Busmess Regulation kvHOME IMPROVEMENT CONTRACTOR Registratlon• 83082 Type: Explratl W7 Corporation BC CONSTRCUTIO I' �E`. CARDENES BERNi� - 2 MUSEUM SQ APT LAWRENCE,MA 01840 Undersecretary 1 Page l of l Coyle, Brenda From: Barrows, Debi Sent: Wednesday, April 26, 2017 11:56 AM r To: Coyle, Brenda Subject: FW: accessory apartment inspection From: Cadrin, Arden Sent: Wednesday, April 26, 2017 11:44 AM To: Roma, Paul Cc: Barrows, Debi; Jenkins, Elizabeth Subject: accessory apartment inspection Hi Paul, Viviane DaSilva will be contacting you to schedule an inspection Of 4766 Falmouth Rd/Rte 28 Cotuit. This is a transfer of an existing AAAP Comp Permit to a new owner. Please pay particular attention to the number of bedrooms; there appears to be more actual bedrooms than was allowed by the Comp Permit. Arden Arden R. Cadrin Housing Coordinator GR01,WTH MAKdtG lEt#T a Pat ..at' Town of Barnstable 367 Main Street Hyannis,MA 02601 arden..cadrin.@town.barnstabie.ma.us (508)862-4683 k 4/26/2017 r 1 Amnesty Program Helping to make affordable housing possible. p g Bamstable To c� wn, Certificate Of Compliance This cerCificate indicates acceptable minimum habitable requirements perMassachnSetl:S Stale BuildingCode and Town of Barnstable zoning ordinances in accordance with the Amnesty program. Owner Daniel Hostetter Location 4766 Falmouth Road, Cotuit, MA Unit Capacity Unit Q ,6ne b(:x& oin not to exceed two eo_le Inspector- M/P No. 009-004 y� 4/2 5/2007 TOWN OF BARNST'ABLE CERTIFICATE OF OCCUPANCY PARCEL ID 009 004 CEOBASE ID 219 ADDRESS 4766 FALMOUTH ROAD (ROUTE PHONE COTUIT ZIP i� LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CT f PERMIT 86075 DESCRIPTION �UN'IT7 'Cs ZBA 2002-56 PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: EDMUND LACEY De artment of ARCHITECTS: P Regulatory Services TOTAL FEES: $25.00 BOND $.00 p CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE BARNEMABLE, MASS. 039. ED Mpl A I BUILDIN7 DIVISI N BYTA i� DATE ISSUED 08/12/2005 EXPIRATION DATE G ;I - ---------------- --------- -- ------ ------------ -- - - -- --------------- - THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR.PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. i MINIMUM OF FOUR CALL INSPECTIONS REQUIRED i .FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- (READY TO LATH). PANCY IS REQUIRED, SUCH BUILDING SHALL NOT BE ELECTRICAL,. PLUMBING AND MECH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. i 4.FINAL INSPECTION BEFORE OCCUPANCY. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS � I I 2 2 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL j_ i WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. Barrows, Debi From: Barrows, Debi Sent: Tuesday, May 30, 2017 10:15 AM To: 'info@bccdesigns.com' Subject: Perm it/Ap pl ic.atio n:TB-17-1625 at 4766 FALMOUTH ROAD/RTE 28, COTUIT for Building - Deck Good Morning the above permit/application has been denied. The project description requires a full paper building permit. I will process your refund shortly. Any questions please call 508-862-4038. Thank you, Debi i 1 ,� . .. :. _..... ...... .. .. ... .. .. .. .:. ,'t.. ..` "BC„CONSTRUCTION &DESIGN INC.": . . Licensed and'Insued 74:Congress St Lawrence Na 01840 Phone,;(978)884 1828 Fax;:(978)3T9 4925, : . ,, fifo@bccdesigns com _ ... .. To Building dpt:, : Good morning my name is'Bernarda the:contractor in charge'from:4766 Falmouth Rd Cotuit MA UnitA,C,and D. Just to be more specific with our work on those:properties . .. .. :: Vale arel going fo build a new stair in unit A and we are going to open a door 36' 80" m order to;;access to the stairs,; : Unit C we are going fo open 1..door in bedroom:area.3.6N80'` , . U;r it D We are going to repair up to:code:rear stair . . .. _ .. ..: ._.. ._ . Thanks'for you time antl attention;'#o this:matter If you have;any question please,feel ... ... free to contact me at the number above. I! ..II. _' :.:........._. ...: ........_. ..._. i. 1, ::, Thanks: .. Sincerely Bernarda Cardenes.::: ..51251.17 ' . ... : .. ;: . ,, . .. .. .. . .. : . .. . - :: : .. _ :.. _. . .. : :' . : ` ;; ... _... :- ... ._. _. ..: : >... : . : .. ... , .. :: : .. .. .: .. - .. .. ... ... - ... .. .. .. ::. .. .. r .... ... .. ... ... .I...... .. ...}: .. ..... .... ... ... .. ... ,. .. ..... ... .. M, tt ,1nde Panel '� '� �� ' � {fit➢qad N as barrovrsd s � � ' - a .j zFtl Searh Addea PPe�e aAfM � ` Rea�Vieb SchedWe rvo �C' i..Strati Maalea a s h \ u .X� WAi "RF •ra's. � F i r i Building TB 1625 Perent Pe mL WON Online Application(incomplete) s � �.r aa�• � -Bald Star ea Egress 38 , Ocar �Bu0dnq^Tye Feradlfa;'r ,�\, d Dak Submdle a wtls Rend rM 3V height. y,:h;,� ¢ �ResEontlal Ml[M Ux � Bu�hq Oetlr L 524=IT ® Suld deck N taPSki' b r....ti � � �.��PPN wept 4Daaet m' ✓�` � Lsc�anA� �s c�'�`� �' `pik �7 R'NakiNaN �'• ��OnSlaOis�osal'•'� � . PROCAR£REALTY 495 tAERRItACK Sf iOWELL 6tA Ot952 tp7a 48T 2340 Cgmmunrcy Der a �w... Yr rat CmttacAtx der '"nta�bood �gnncom _ �.. RtdARDACARDEH74 CONGRESS tAVJp£NCE AtA OiBat (978j8641828y - ( Inipecttan CerUf'�cete r' v v a'� �� �� r F.9ealth .. f l� ' ., r� ... ' 3r pfrie r�'" u s �Dashfwrad 3'- � Caheel :, Prmt'- �it ChartgeAdd:... !II J F Amnesty Pr®gram Helping to Make Affordable Housing Possible p g g >d _ x z Town of-Harnstable _ . .. y Ww vac+ v a - - ?s. A-am Certificate of Compliance This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code and Town of Barnstable zoning ordinances in accordance with the Amnesty Program. Location 4766 Falmouth Road, Cotuit, MA Unit Capacity [Unit W tudio t to exceed one erson. Inspector f' M/P No. 009 004 8/16/2005 iT TOWN OF BARNSTABLE ..p; CERTIFICATE OF OCCUPANCY PARCEL ID 000 004 CEOBASE ID 219 ADDRESS 4766 FALMOUTH ROAD (ROUTE PHONE COTUIT ZIP 1 LOT BLOCK LOT SIZE i DBA DEVELOPMENT DISTRICT CT � PERMIT 86167 DESCRIPTIONIUNIT 'D' Z,BA 2002-56 . PERMIT TYPE BAMNCO TITLE AMNESTY APT CERT. OF OCC. CONTRACTORS: EDMUND LACEY ARCHITECTS: Department of TOTAL FEES: $25.00 Regulatory Services y BOND $.00 �ME CONSTRUCTION COSTS $.00 , 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE Q. ff + L4MSTABLE, I' MASS. 039. BUIL I IDIVIS O� f DATE ISSUED 08/15/2005 EXPIRATION DATEY i THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. iMINIMUM OF FOUR CALL INSPECTIONS REQUIRED APPROVED PLANS MUST BE RETAINED ON JOB AND FOR ALL CONSTRUCTION WORK: WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. i 4.FINAL INSPECTION BEFORE OCCUPANCY. ® IA ® ® ® s BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS t 2 2 2 1, l i 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON.THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA TION. NOTED ABOVE. TION. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 00 Parcel O O 11 Permit# a :5 0YIA ^�"Health Division -- DO Date Issued �2 2, `Conservation Division T r - ", /0 /L Application Fee Tax Collector � Permit Fee Treasurer pan,to Planning Dept. �J EXISTING U-E-PTIC SYSTEM Date Definitive Plan Approved by Planning Board LIMITED TO__(,�#OF BEDROOMS Historic-OKH Preservation/Hyannis Project Street Address Village (!0 <U / 7— ' Owner JI�/y J f_ C /4sr.F Tf le Address 720/9 /jiAJg/ J'-Z£'£T oSr�/lvi � Telephone (-��,IyyZ a -oG c� Permit Request ImS[ NOS D -¢� �' / f /A OUN'© C.QJeI. Square feet: 1st floor: existing proposed 2nd floor: existing; S� proposed 6 Total?new r d p [' Zoning District /` r Flood Plain Groundwater Overlay N Project Valuation Q06 Construction Type ()Lfth WOW, CD i Lot Size-T-7 Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. A ��� Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) f ik) f Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) al 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 l Heat Type and Fuel: Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes V No Fireplaces: Existing _ 0 New Existing wood/coal stove: ❑Yes *No Detached garage:❑existing ❑new size Pool: ❑existing ❑new size' Barn:0 existing ❑new size Attached garage:❑existing ❑new, size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# Current Use _ Proposed Use C{y1 Me/C ut-� rm vats BUILDER INFORMATION 5 0'z Z r -��ZI 5� Name - �' IAC& Lp-hone Number Address h -�' License# C7 y� A� Home Improvement Contractor# y 2 q l Worker's Compensation# ALL CONSTRUCTION 9BIS - LILTING FROM THIS PROJECT WILL BE TAKEN TO J_AWSJ SIGNAT_URE� DATE 61710 V ti -• '' ,, '' 2, FOR OFFICIAL USE ONLY o y • - PERMIT NO. DATE ISSUED ' MAP/PARCEL NO. ADDRESS - VILLAGE f OWNER ' ti DATE OF INSPECTION: c FOUNDATION FRAME . INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL - PLUMBING: ROUGH 25 FINAL - ' GAS:. ROUGH 3: 1 FINAL , FINAL BUILDING , rr DATE CLOSED OUV, !4! ' ASSOCIATION PLAN NO. [7 co s a Z.,C C. o O O `" "'"`- au e•''` T tstranoo valid for tndtvtdul:use only, ►- �� ( '` �' d S ar•� License or reg CY/lLl1t4'11� -��"'L ii c ` Regulations and Standards i ° before,the ex date. if found return to: " �•W-:• c 1 , ra � Board of Building CTOR ulations and Standards O a $ o f Board of Building Reg # W.N F"I Q ' <_ I10ME IMPROVEMENT CONTRA One Ashburton Place Rat 1301 ' p•Z Boston,Ma-02108 ,.o EDMUND V.l A �-- wT OG v ::' " '°.3 o EDMUND LACY JR. � � Not valid without signature :n .,u y 137 STURBRIDGE DR. L4 I' m c"-E W 07 v p �' OSTERVILLE,MA 02655 gam i m J t � Z �b� i '.Quo W T BOSTON URVEY2' INC. 03-08156 P.O.Box 290220 Charlestown,MA 02129 •(617) 242-1313 MAIN .(617) 242-1616 FAX , APPLICANT- HOSTETTER LOCATION: 4766 FALMOUTH ROAD -DEED/CERT. 9298-68 CITY, STATE: COTUIT, MA PLAN REF: 254-6 4 • 151.41 Lot L i a✓�- #4766 n . PARCEL 2 �` 21,567+1 2 STORY x .98.59 r 48.22 . 'f ROUTE 28 - FALMOUTH ROAD' :1994(c)Boston Survey Software 'PREPARED: 08-04-2003 CERTIFIED TO: POLL MORTGAGE GROUP,INC. . . - SCALE: 1 inch—30 feel The permanent structures arc approximately located on t ZN OF rlf,,SS According to Federal Emergency Management Agency ground as shown. They wither conformed to the sclbac ohs �Cy maps, the major improvements on this property fall in an requirements of the local zoning ordinances in effect 4 GEORGE area designated as Zone C �^ A- the time of construction, or arc exempt from violatio 6- C. �f�Qtl�� ���-1 u forccment action under M.G.L. Title VI1, Chapter 4 '. COLLINS rn Community Panel No: Section 7, and that there arc no encroachments of m or Effective Date: o.ane4� -Z- 'IL improvements either way across property lines except NOTE:Zone C is areas of minimal flooding(no shading).This r � shown and noted hereon. . os s� designation is not based on an elevation certificate. NOTE:This is not a boundary or title insurance survey.Thi Ian w eLordanc0 to procedural and technical standards for Mortgage Loan Inspections as adopted ' by the Massachusetts Board of Registration of profess' at engineers it}ttlrlt7lY surveyors.250 CMR 6.05.and use for any other purpose is prohibited.This plan is not to be used for recording,preparing deed descriptions,or construction. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 d�M SYe�� www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibb Name (Business/Ord ization/Individual): C 0rvlhrL/D V- Address: 13-7 City/State/Zip: DS�IMV(UZ, yq t Phone#: G76 F 2-V 1 ZI- Are you an employer? Check the appropriate bog: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I 6. ❑ New construction employees(full and/or part-time).* have hired the sub-contractors 2. I am a sole proprietor or partner- listed on the attached sheet $ Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition working for me in any capacity. workers' comp. insurance. 9. ❑ Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its 10.❑ Electrical repairs or additions required.] officers have exercised their 3.❑ I am a homeowner doing all work right of exemption per MGL l LEI Plumbing repairs or additions myself. [No workers' comp. c. 152,§1(4),and we have no 12.❑ Roof repairs insurance required.] t employees. [No workers' eq ] 13.❑ Other comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information: t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic. #: Expiration Date: Jdb.Site Ad s . #7 46 FAI rAyirfi lzo: co j�•i% City/State/Zip: Attich a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fini;.up to$1,500,.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certi der the pains and penalties of perjury that the information provided above is true and correct: Signature: Date: Phone#- SO-7 -Z'Z.l Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 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 ...every person inthe service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership, association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the v owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name(s), address(es) and phone numbers)along with their certificate(s)of insurance. Limited Liability Companies (LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: ' The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Fax#617-727-7749 Revised 5-26-05 www.mass.gov/dia 11 :p w � - L •9447 1.1 z TREA 0 Co-TO IT * Z (Z Est 2 J�G'G K 2 N D 4oZ6's s u i . t N �o.�le bo�eS t �I 3 t _ `�y �T �Eck�NG `� k y T `, bo I+s x1ST10 (s vNIT $ y x q '�T. ?i)St S 3 u tip, lti rl0.K S pt�c�wl n 6 w.,r I q/ X 6,0 ,. \ ti A cemtNr `�$� y °F.► Town of Barnstable Regulatory Services sptuvsrABLE MALss. Thomas F.Geiler,Director '°rED►ru+�`e Building Division Tom Perry, Building Commissioner 200 Main Street, Fiyannis,.MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder L 0044c' KL6V�,/``' ,as Owner of the subject property hereby authorize C e to act on my behalf, in all matters relative to work authorized by this building permit application for: (Address of Job) Signature of Owner D to Print Name cn �mErow� �' C BA.1� aawsteetF C n Town of Barnstable ry Zoning Board of Appeals + cn Comprehensive Permit Decision and Notice co Appeal 2002-56—Hostetter Applicant(s): Daniel Hostetter,Sr. Daniel Hostetter,jr. Property Address: 4766 Falmouth Road,Cotuit,MA v'�~ Assessor's Map/Panel: Map 009 Parcel 004 Zoning: Residential F (7 Groundwater Overlay: AP Aquifer Protection District 1" Applicant(s): The applicants are Daniel Hostetter, Sr. and Daniel Hostetter,Jr.,with a property address of 4766 Falmouth Road,Cotuit,MA Relief Requested: The applicants have applied for a Comprehensive Permit under the General Law of the.Commonwealth of Massachusetts, Chapter 40B—§20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre-existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonlytermed the "Accessory Affordable Housing Program." The applicants want to convert two existing un-permitted/illegal apartments: (Unit C) and(Unit D) within a multi-family dwelling into accessory affordable units in accordance with all the conditions of this permit. The issuance of this Comprehensive Permit would allow for two accessory affordable apartments within.a multi-family residential dwelling. Locus and Background: - The property is a.50 acre lot that is developed with a 5-bedroom,5-bathroom,4,302 square feet multi-family, Colonial style building. Mr.Hostetter,Jr.bought the property ten months ago. Mr.Hostetter,Sr.previously owned the building and was given a.Special Permit by the Zoning Board of Appeals (Appeal# 1987-26) in 1987 "to allow an existing two-family structure to be converted to an office building." (The property had formerly been used as a restaurant and living quarters). The permit allowed Mr.Hostetter, Sr.to convert a then non-. conforming two-family vacant dwelling into an office building. When the restaurant closed,the area was made into a second apartment,after`which-'the property was used as a two-family dwelling." - - Mr.Hostetter,Sr.used the offices to manage development of contiguous lands into a residential subdivision. After five years,the Special Permit expired, and the property reverted back to single-family use. The property was sold in the early`90's,and the Hostetters recently bought the property back again. Within the last year,the applicants decided to convert the entire property into a four-unit apartment building,and proceeded to create two unpermitted units to the building which already had two legal apartments. The Building Department became aware of the additional two units,and the Commissioner encouraged the Hostetters to apply for Amnesty, after which the applicants stepped forward to participate in the Accessory Affordable Housing Program. The two proposed accessory units as well as the two legal apartments are all located inside one building comprising the multi-family structure. Unit C is 550 square feet and is located in the rear of the building on the ground level. Unit D is 380 square feet and is located in the rear of the building on the second level. The locus is in a Residential F,and AP-Aquifer Protection Overlay District. 1 'Z r., . Crz -e7lr Town of Barnstable r r•I to Zoning Board of Appeals Comprehensive Penxiit Decision and Notice Appeal 2002-56—.Hostetter Appl.ieant(s): Daniel Hosterter,Sr, Daniel Hostoter,Jr. M~ Property Address: 4766 Falmouth Road,Cotuit,MA Assessor's Mip/Parcel: Map 009 Parcc)004 C . Zoning: Residential F Groundwater Overlay: AP Aquifer Protection District Applicant(s): The applicants are.Daniel Hostetter,Sr.and Daniel Hostetter,Jr.,with a property address 766 Falmouth Road, Cotuit,MA. Relief Requested: The applicants have applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B -§20-23 and in accordance with the General Ordinance of the Torn of BarDstable Chapter III,Article L XV,"Pre-existing and Unpernritted Dwelling Units and for New Dwelling Units in Existing Structures," more commonlyter ned the"AccessoryAffordable Housing Program." The applicants want to convert two existing un-permitted/illegal apartments:(Unit Q and(Unit D) within a multi-fur ilycivmag into accessory affordable units in accordance with all the conditions of this permit. ne issuance of this Comprehensive Permit would allow-for two accessoryaffoidable apartments within a multi-family residential dwelling. Locus and Background: The property is a.50 acre lot that is developed with a 5-bedroorn,5-bathroom,4,302 square feet multi family, Colonial style building. Mr.Hostetter,Jr.bought the property ten months ago. Mr.Hostetter,Sr.previously owned the building and was given a Special Permit bythe Zoning Board of Appeals (Appeal€/ 1987-26)in 1987 "to allow an existing two-family structure to be converted to an office building.". {The property had formerly been used as a restaurant and living quaners). The permit allowed Mr.Hostetter,Sr.to convert a then non- conforming two-family vacantt dwelling into an office building. When the restaurant closed,the=ea was made into a second apartment,after which the propertyec-As used as a two-family dwelling. Mr.Hostetter,Sr.used the offices to manage development of contiguous lands into a residential subdivision. After five years,the Special Permit expired,and the property reverted back to single-family use. The property was sold in the early`90's,and the l-iostetters recently bought the property back again. "within the last year,the applicants decided to convert the entire property into a four-unit apartment building,and proceeded to create two unpermitted units to the building which already had two legal aparmnents. The Building DePartment became aware of the additional two units,and the Commissioner encouraged the Hostetters to apply for Amnesty,after which the applicants stepped forward to participate in the Accessory Affordable Housing Program. The two proposed accessory trots as well as the two legal apartments are all located inside one building comprising the multi-family structum. Unit C is 550 square feet and is located in the rear of the building on the ground level. Unit D is 380 square feet and is located in the rear of the building on the second level. The locus is in a Residential F,and AP-Aquifer Protection Overlay District. I4� ��tid h17V-?� c+3113iSCH VZ6I—KV-809 V6:80 9ooz/bZ/90 Procedural Summary: This appeal was filed at the Town Clerk's Office and the Office'of the Zoning Board of Appeals. A public beam before the Zoning Board of Appeals T-karirig Officer was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A The hearing was opened on June 9,2004 at which time the Comprehensive Permit was granted. The Hearing Officer,Gail Nightingale presided over the public hearing. Also present were Paulette°Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator. Findings as to Standing and The Comprehensive Permit: At the June 9,2004 hearing,the 1-karing Officer made the following findings of fact, 1. The applicants are Daniel Hostetter, Sr. and Daniel Hostetter,Jr.,owners of pmperryaddressed at 4766 Falmouth Road,Cotuic. Mr.Hostetter,Jr.has owned the property since September 18,2003,as documented and recorded at the Registry of Deeds in Book 9298,page 62. Mr.Hostetter,Jr.is requesting the Comprehensive Permit to convert two existing unperrnitted apartments into accessory affordable rental units. 'Ile units are currently unoccupied.The applicant$have submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting oovnership of the properry. In addition,they have submitted a certified plot plan dated July2, 1992. 2. The applicants were issued a site approval letter dated May 3,2004 from Sevin Shea,Director,Office of Community&Economic Development,qualifying their application for the Accessory Affordable )iousing.Program. The source of the subsidy is the federal CAmmuaityDevelopmenc Block Grant(CDBG) ProgrAM 3. The proposed affordable rental units will be. a. Unit C at 550 square feet. It is located in the rear of the building on the ground level;and b. Unit D at 38D square feet It is located in the rcar of the building on the second level, The units are inside one building along witb the other two portnirted apartments comprising the multi-family structure. They are located in a Colonial style building. 4. According to the Assessor's record,the building has a total of five bedrooms. The property has its own sewer/septic system that serves the multi-family structure. The site is within the AP -Aquifer Protection Distrim The Public Health Division has:verified that the proposed property meets both the conditions of the State's Trtle V Environmental Code and local Board of Health regt:iremenu,plus, approved the septic system at the,she for a total of five bedrooms as per 6e;"Housing Arnnesry/Public Health" Form dated March 31,2004. 5. The town of Barnstable completed an.inspection of the property on March 12,2004. The followmi g was noted. "Unit C"—A cover plate is needed for the living room ceiling,a cover plate is needed on an electricaa outlet in the kitchen,the bathroom shower needs repairing,and the apartment unit letter("Unit C)needs to be posted on the outside of the unit; "Unit D"— The second means of egress needs to be approved by the B„ hag Department,and the apartment unit letter("Unit D") needs to be posted on the outside of the unit- The applicants are aware that a final inspection by the Building Division wM be required and slut the Building Division also has to perform all necessary inspections to assure that the unit(s)meets applicable rninimurn state and local code requirements before they are issued an Amnesty Certificate of Participatiorn. 6. On March 31,2004,the applicants signed an Accessory Affordable Housing(A•nnesty)Program Affidavit agreeing to comply with the prograres requirements,and further agreeing to comply with the provisions set forth in Article LXV(65) of the Town Ordinances rhat include then signing and recordin; of the RegulatoryAgreemextt&Declararion of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicant as a "Limited dividend organization" as that term is used under XG I c.40B SS 20-23. Z0 �ritid /,17V33 63113ISOH VZ61-8Zb-809 t'8:80 9007,/UZ/90 f 7. The applicants understand that the affordable unit(s)will 6e rented to individuals) whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(ZA) and fitrther agrees that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development.(HUD}. S. According to the Massachusetts Department of Housing and Community Development,as of September 4, 2003,5.11%of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutoryminimtnn under KG-L.c.40B SS 20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 9. Based upon the findings,the project is deemed coasistenr with local needs because it adequatelypronwtes the objective of providing affordable housing for the'T'oTm of Barnstable witbout jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictlyfollowed. Ruling and Conditions: Based upon the findings,the applicants,Daniel Hostetter,Sr,and Daniel Hostetter,Jr. are granted a Comprehensive Permit to permit the conversion of two pre-existing illegal accessory apartments (Unit C) of 550 square feet and(Unit D) of 380 square feet within a muulti-fanvlyresidential dwelling,subject to the following conditions: ;. Occupancy of Unit C shall not exceed two people;and occupancy of Unit D shall not exceed one person. 2. The units shall not be occupied by a family member of the owners. 3. To meet the requirements of affordability,the applicants must rent the mt(s)to a person or family whose income is 90%or less of the Area Median Income(A)p of Barnstabke Yarmouth Metropolitan Statistical Area (MSA),adjusted by household size. The monthly rent payable by a household i0dwive of utilities shall not exceed 30%of the monthlyhousehold income of a household earning 80% of the median income,adjusted by household size. In the event that utilities are separately=tered,the utility allowance established by the to-am of Barnstable shall be deducted from rent level so calctclated. 4. All leases shall have a minimum term of one year. S. The property owners must obtain a building permit for the accessoryaffordable unit(s) whether the unit(s) are new or pre-enacting. Before the issuance of an occupancy permit and Certificate of Compliance for the unit(s),the Building Commissioner must determine that the unit(s) conform with the approved plans as submitted to the file(as-initialedTbytheFZ]B!s'Hearirig Ofzcer and subinitied wyth tlzesbuilding_permut pa plica6on)and meets state building,fire and sunitarycodes. The unit(s) must also comply with applicable state on-site v.%tewater discharge requirements. b. The applicants may select their own tenant(s)provided the tenant's) meet all requirements o£the program and provided that person(s)income is reviewed and approved by the Office of Con rriuruty& Economic Development of the town of Barnstable as a qualified individual. The applicants will be required to work with the town.to provide information necessary to docutnerit that the tenant(s) qualify. To insure that the unit is rented in an open and fair basis to an income eligible individual or family,the unit(s) must be listed with the town whenever a vacancy occurs. Also,the applicants must notify the Office of Communirs'&Economic Development of a vacancy whenever it occurs. 7. Every twelve months the applicants shall review the income e4bibryof those individuals occupying the units. No later than a year from the date of issuance of this Comprehensive Permit the applicants shall file with the Office of Community&Economic.Developtnenr of the town of Barnstable an annual affidavit 3 �'0 �r�tid +`,l�ti�d d�11�1SOH t?L6L-8Zb-809 b�:��0 SOk�Zlb?/99 I listing the rent charged and incorne level of the occupant(s) of the units. The applicants shall provide the town any additional information it deems necessary to verify the information provided in the affidatrit, Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeak or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 8. The Accessory Affordable Unit(s)shall be affordable in perpetuity(as affordable is defined herein) . unless this Comprehensive Permit is rendered void. 9. This Comprehensive Permit shall nott be transferable to any other person oz entity without-the prior approval of the Hearing Officer or zoning Board of Appeals. 'Phis decision,the RegulatoryAgreement.and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds, If the ownership of the propettyis transferred,the town of Barnstable shall be notified within 60 days the name and address of the new owner. 10. All parking for the dwelling and accessory unit(s) shall be accommodated on site. 11. T14s Comprehensive Permit mast be exercised and the units)aecupied within 12 months of its issuance or it shall expire. Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part 11, Section 4.02 and Part M,Section 3.72 of the Town of Barnstable Administrative Code,the hearing officer transmitted her written decision to the Zoning Board of Appeals on June 9,2004,and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the decision for this Comprehensive Permit application. Compreheosive Permit 2004-56 has been granted with conditions. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Cliapter 40A,Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MG1 Xhapter 40B,Section 22. a — G Nightingal acing ficer D to Signed I da 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 Moat no appeal of the decision has been filed in the office of the Town Clerk Signed and sealed this day of under the pains and penalties of perjury. J Linda.Hutchetuider,Town Clerk b0 3�Dtid hl-Itr3�J c�31l3ISOH bL61-8Zb-809 b6:80 900Z/VZ/90 Town of Barnstable Regulatory ServiceSTO .N OF BARK-STABLE, Richard V.Scali,Director Building Division ZI `'' ! ! ! anarvsrnsr.E. M'S•.� Tom Perry,Building Commissioner i639 9 39 1` 200 Main Street,Hyannis,MA 026011 www.town.barnstable.ma.us DIVISION Office: 508-862-4038 Fax: 508-790-6230 Approved: Fee: Permit#: HOME OCCUPATION REGISTRATION } Name; Phone Phone#: j 1?38 Address: '/ [/� /�-�� dYl/✓U(l��Z� Village: [_ //7,�i9 Name of Business Type of Business: Map/Lot U 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 ordinance,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 increase 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: • 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 dwelling which 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 disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. • There are no commercial vehicles related to the Customary Home Occupation,other than one van or one pickup 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 a rea d with the above restrictions for my home occupation I am registering. / Applicant- Date // Homeoc.doc Rev.103113 ------ ---- —--—- - - 'YOU WISH TO OPENA BUSINESS?. A For Your Information: Business'certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town [which you must do by M.G.L.-.it does not give you permission to operate.] You must first obtain the necessary'signatures on this form at 200 Main'St., Hyannis. Take the completed form to the Town Clerk's Office,.1 st Fl., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that i5 required by law. �' 1� IY3t6 r DATE: Fill in please: . Cr v :t APPLICANT'S YOUR NAME/S: BUSINESS YOUR HOME ADDRESS: << /� TELEPHONE # Home Telephone Number NAME,OF CORPORATION, tVAME OF NkW0 SIIUESS TYPE OE`BU51NES8 - IS THIS,A HOME OCCUPA 10 ? T _YES IUO �?,pORESS.OF:BUSIIVESSp. MAP/PARCEL NUMBER (Assessing].:. ., When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of.the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth ` Rd. &Main Street) to make sure you.have.the appropriate permits and licenses required to legally operate your business in this town. 1.; BUILDING CO I BID ER'S OF E - This individ al a in'Por e f a y per it e uiren,�ents that pertain to this type of businesW UST COMPL rill— Y WITH HOME OCCUPATION Aut or' gnat r RULES AND tGi aLATIONS. FAILURE TO OMNIENT E - COMPLY MAY RCSULT IN FINES. • I . 2. BOARD OF LTH This individual has bee of`rmed of the m• requir nts that pertain to this type of business: ,KutTgrized Signature* COMMENTS: B. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual ha e formed of the licensing requirements that pertain to this type of business. unn uthorize i n a t u re"k COMMENTS: - innnr� r � �1fY X 10'lO IHE.'loc': 11�l',` Ckik21 F E QT eni � FINE_ !JO 1 r 1�>✓S 16 .777lyArr GAS A►t.� Ft-oul�xliq� 3- i _ _ - - - _ "� � 1 �I ♦ � I. L L I i — �� MT►f T - l + �- a IIti —:4-Ea r sr i t i I 1 ! jT'Qi ALi::}VA II�Y, iF -0w 3�016 'D /, yo, y , i t:T�E LAT1 oN _ 7ATEt=1:��l u,'Z,tit!{J - a-' Li 1 PETER; I FiKy-u4RD , r*+ r BAZER JL- - r � JI 71 y, , I { '��r� 1� -1 � � Iti�-� �� red � �C��u� hs � �� � 4 � �� � �,-� � s � S� I� Town of Barnstable *Permit# C Expires 6 months jrom issue date ; Regulatory Services Fee nmss. Thomas F.Geiler,Director 039. A1� Rip l Building Division Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 - www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY - Not Valid without Red X-Press Imprint Map/parcel Number 0 0 q a Property Address �7 44 FgqZ MrrrV ei � C 0 l if 1i/ ryl /1 01 G. 1 Residential Value of Work S Minimum fee of$35.00 for work under$6600.00 Owner's Name&Address 'fTDf7_f!/fiQ Contractor's Name �1& P ./ (, 1&7— Telephone Number Home Improvement Contractor License#(if applicable) IS /a Construction Supervisor's License#(if applicable) CS Gj y�0���® ► PERMIT ❑Workman's Compensation Insurance r Check one: DECI 12012 ❑ I am a sole proprietor ❑ I am the Homeowner I have Worker's Compensation Insurance " TOWN OF BARNSTABLB Insurance Company Name Workman's Comp.Policy# /q Copy of Insurance Compliance Certificate must accompany each permit. ` Permit qu t(check box) " Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to i6w� L r-17 C ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) ❑ Re-side ° #of doors ❑ Replacement Windows/doors/sliders U-Value (maximum 35)#of windows ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. Separate Electrical&Fire Permits required. e '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 provement Contractors License&Construction Supervisors License is required. 4 SIGNATURE: C:\Users\decollikWppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\QRE6ZUBN\EXPRESS.doc Revised 053012 f _ The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 tvwr11.711ass.gov/dia ' Workers' Compensation Insurance Affidavit: Builders/Conk actors/Electizcians/Plun begs Applicant Information ly / Please Print Legib ' . Name(Business/Organizationdndividual):Gt/� le�I 01O&,= 11V,4N"f/nfiYT Address: 770 6/ /W//d �/egf i City/State/Zip: G-57 ,RU/a � O LG rS Phone#: 6�aS)- Yam- Are you an employer?Check the appropriate box: Type of project(required): 1.9 I am a employer with -3 4. ❑ I am a general contractor and I 6. ❑New construction employees(full and/or part-time)_: have hired the sub-contractors 2.❑ I am a sole proprietor or partner-, listed on the attached sheet 7. Remodeling ship and have no employees - These sub-contractors have g_ ❑Demolition f working for me in any capacity_ employees and have workers' 9 ❑Building addition [No workers'comp.insurance comp.insurance.I required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work . officers have exercised their I Q]Plumbing repairs or additions self. o tivorkers'co right.of exemption per MGL my [N mp 12.❑Roof repairs insurance required.]I c. 152,§1(4),and we have no ' employees.[No workers' ° 13:0 Other comp,insurance required.] •Any applicant that checks box#1 mast also fill out the section below showing their workers'compensation policy information. 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 stare whether or not those entitles have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I ant an employer tliat is prMdi►ig workers'couipertsado►i insurance for niy employees. BeIoty is the policy arld job site in rinatio►L , Insurance Company Name: TiP�yEL �2.f Policy#or Self-ins.'Lic. (f 6.:-_71,3/ S: Q.S—� .' Expiration Date: 2-e `3 ��// /// Job Site Address: 7,7Gti i'/�mO6-)W 16&4 City/State/Zip: CUTUi T /9 ' Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). ' Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a ' fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and enalties of . ' tat tfie inforntation provided aboove)is/tr i and c rect Si lure: Date: / v ���R Phone#: a ; Qfj'icial use only. Do not write in this area,to be completed by city Or town of frciaL ; City or Town: Permit/i,icense# 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#: Massachusetts`- Department of Public Safech Board of Building Regulations and Standards 'Consdr dtio.n.Supervisor License r °;License-.-CS 9430Z 9 ;770 SUITS A NEST, 1!w , OSTERV;IL' MA02655 Expiration: 12!22R013 Y Try: 7378 Y Comm�4vi�gte� Y. ' Mill i .r A ifs License or registration Vdlid for indlvldul use only I office of Consumer Affairs& Business Regulation before the expiration date. if found return to: ME IMPROVEMENT CONTRACTOR Office of Consumer Affairs and Business Regulation - egistration: 152124 Type: 10 Park Plaza-Suite 5170 . xplratfon: 8/212014, DBA Boston,MA 02116 WEST BAY MANAGEMENT TRUST ADAM HOSTETTER 770 A MAIN ST. ��s--- �- I' OSTERVILLE, MA 02655 Undersecretary . Not valid without signature t i 5 DATE IMMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 12/20/2012 14�0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHOR12ED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: ff the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. H SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an andomement.-A statement on this carfi icate does not confer rights to the certificate holder In lieu of such endomemen s. PRODUCER COMEACT Donna Ostrowski Mark SyNla Insurance Agency,LLC PHONE FAX 506 957-Z125 (Alic.NoL(508 957-2781 404 Main Street ►ul ADDRESS,•mark marks lainsurance.Com Centerville, MA D2632 INBURERIGI AFFORDING COVERAGE NAIC0 INSURER A.Montpelier US Ins CO INSURED - INSURER e;Travelers Insurance Co West Bay Management Trust 770A Main Street INBIIRERC: Osterville,MA 02655 INSURER D: . INSURER E: I WMR F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR.THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I�TR TYPE OF INSURANCE POLICY NUMBER M GY EFF POLICY EXP LIMITS A GENERALUABILITY MPOOOSO01012633 IZ14/2012 1214aDl 3 EACH OCCURRENCE S 1.000000 TO RENTED X COMMERCIAL GENERAL LIABILITY pREMtsE3(Eey RgDr S 100,000 CLAIMS-MADE ED OCCUR IVIED EXP(Am ono Plwnwanj s 5 00o PERSONAL&ADV INJURY S 1,000000 GENERAL AGGREGATE T 2.000.000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG s 2.000.000 X POLICY PRO- LOC S IECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO BODILY INJURY(Par parson) s ALL AU EOULEO BODILY INJURY(Per aoddenl) s HIRED AUTOS AUTOSWNED PROPERTY OAMA 9 UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE i DED RETENTION; _ B WORKERS COMPENSATION US-7816806A 3/2312012 3/23/2013 WCstl MITSX 071+ AND EMPLOYERS'UAeIUTY YIN ANY PROPRIETORIPARTNERIEXECUTIVE❑ NIA E.I.EACH ACCIDENT S 500,000 OFFICERJMEMBER EXCLUDED? (MendUMInNN) E.LDISEASr;-EAEMPLOYE S 500,000 N yae deeulLle under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT s 500,000 DESCRIPTION OF OPERATIONS I LMATIONS I VEHICLES(Afteeh ACORD 901,Addieoeal Rtmtrlm$dudulo,N meta tpsce It mqulmd) Residential Carpentry y ` s CERTIFICATE HOLDER CANCELLATION (609)790-6230 SHOULD ANY OF THE AsovaIDESCRIBED POLICIES BE CANCELLED BEFORE Town of Barnstable Building Department ACCORDA NCE OWITFI THE POLIN CATE CY PROVISIONSE WILL BE DELIVERED IN 200 Mein Street Hyannis,MA 02601 •- AUTHORIZED REPRESENTATIVE 01BBB-2010 ACORD CORPORATION. All rights reserved. ,ACORD 25(201010S) The ACORD name and logo are registered marks of ACORD MASS. 16 Town of Barnstable a Regulatory Services Thomas F.Geiler,Director Building Division Thomas Perry,CBO Building Commissioner 200 Main Street, Hyannis,MA 02601`• . www.town.barnstable.ma.us Office: 508-862-4038 Fax:;508 790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize/yif/—41 4 0^n Aae/ f.✓ 7 to act on my behalf, in all matters relative to work authorized by this building permit application for: , z623—fi (Address of Job) _ Signature of ' wner Date �U�J GrT�i f R Print Name If Property Owner is`applying for permit,please complete the Homeowners License Exemption Form on the reverse side. C:\Users\decollikWppData\Loca1\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\QRE6ZUBN\EXPRESS.doc " Revised 053012 QUITCLAIM DEED DANIEL C..HOSTETTER,JR...of Osterville, Barnstable County, Massachusetts, for consideration paid,and.in full consideration of ONE DOLLAR(S 1.00) grants to DANIEL C. HOSTETTER,JR.and ADAM J. HOSTETTER Trustees.under a Declaration of Trust entitled HOSTETTER CHILDREN REALTY TRUST, dated June.30,2008 see Trustee's Certificate pursuan'to M.G.L. ch. 184 §35 to be recorded he eAN. th having an address of: 770A Main St.,.Osterville;Massachusetts 02655 WITH QUITCLAIM COVEINANTS the land, in Barnstable (Cotuit),Barnstable Countv,Massachusetts, together with anv improvements thereon, described in attached EXHIBIT A. The premises are conveyed sub.'=L to and with the benefit of all easements. restrictions._ rights of way, takings; reservations, exceptions and covenants contained in the deed to the grantor herein and in all other instruments of record,.:.to the extent now in force and applicable, but not intending hereby to recreate or extend restrictions, reservations,.exceptions and covenants. previously terminated or expired_ For title,see deed of Frank J. Pacitto,Trustee, dated September 18, 2003,recorded with the Barnstable Registry of Deeds at Book 17666; Page 160:` 1 WITNESS. my hand and.--seal this 30'h day of June, 2008 (L.S_) DANIEL HOSTETTER,JR. sewok jenelsop BRS':O L 71. 1.7 oan COMMONWEALTH OF MASSACHUSETTS County of Barnstable, ss: On this 25"day of April,2008,before me,the.undersi HOSTETTER;aR: gnpd notary public,personall Upersonally known tome,or Y a PPeed'DAl`IIEL C_ proved to me through satisfacto ry evidence of identification;which was (other.) to be the person whose name is signed on the preceding or attached docu signed it voluntarily for its stated purpose_ ment, and acknowled ged to me that he Comm 9j►� Notary Public My Commission Expires: LOCUS: 4766 Falmouth Rd.,Cotelit,il�iassachusetts From the Office of; Satran & Associates P.O. Box 417 Urleans,MA 02653 5087-25575353 i' -2- . s-d +,i a 1 071 one i sawou Janaisou er,s�:n i. 7 i. 17 oen 17 File Edit. View insert F mat��'Records Tools Window' ^Hel *' "� � J r a Type a a question for help - a - - — R 2* q } ypea que p �q to { MS Sans Serif a 8 B lr ` ¢ µ �:, to `���.lr.'^i�'l� � �1❑ � �." ,r«-n0' �� '�' �av ��i2 .� tOpen `�Desrgn Amnesty Apartments 001 F Obtects f5 , Last Name = HOSTETTER ! First Name DANIEL J � r, ❑ Tables � � ig' 2nd Owner i 2nd Owner 'Quenes �I Last Name First Name Forms rA, Map Parcel 00900d N , L p s Re orts I Property No 476E« Property Street FALMOUTH ROAD Village COTU KIT State MA Zip 02635 ° I ._. y Macros , 1 P Status; Cer4hcate of Compliance! Action Required. r `#Modules Assessors U se Group 4.8 Units — ate- w :; Comp Per Issued 6/25/2004 Recorded Date `10/5/2004 p {J _ r` ]SFavorrtes ' Application# 8510E Permitlssued:. 6/28/2005. c ' {� C of CTotal 2 Program Total �4i '' �.�. _ Descripton TOTAL OF 4 UNITS,EXISTING,2AMNEST.Y:'UNIT C,1 BEDROOM;2 PEOPLE,AND UNIT D,STUDIO 1 r � PERSON - Cert of Occupancy,Issued: 8 616/2005 Cert of Compliance Issued: 8/16/2005 t vi Notes • i �, Record I� 1���►;►1 ►>►'°o fx245 °,�` { .._" a � � " �`g ' Ir .as., ,�... Start i Main:Syptem Menu:,.jjg Iroo MicrasoFt` 1 Rermnder �a Appbcatron EntryA. Amnesty r pataba. � Amnesty Data Form ' 30 44 AM -___, I s' , TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARCEL ID 009 004 GEOBASE ID 219 ADDRESS 4766 FALMOUTH ROAD (ROUTE PHONE COTUIT ZIP - LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CT PERMIT 86167 DESCRIPTION UNIT 'D' ZBA 2002-56 PERMIT TYPE BAMNCO TITLE AMNESTY APT CERT. OF OCC. CONTRACTORS: EDMUND LACEY Department Of ARCHITECTS: Regulatory Services TOTAL FEES: $25.00 BOND $.00 �tME CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE O. x BtvsraBLE, • MAM 1639. BUILDI O DIVIS ON BY II DATE ISSUED 08/15/2005 EXPIRATION DATE U 9 V 1, ( TOWN OF BARNSTABLE ,.. CERTIFICATE, OF OCCUPANCY I � Y II PARQEL'-,III 009 004 GEOBASE ID 219 ADDRESS 4766- FALMOUTH ROAD (ROUTE PHONE COTUIT ZIP LOT BLOCK LOT° SIZE i+ DBA `' DEVELOPMENT DISTRICT CT I PERMIT 86187 DESCRIPTION UNIT 'D" ZBA 2002-56 ' PERMIT TYPE - BAMNCi TITLE AMNESTY APT CERT. OF OCC. CONTRACTORS EDMUND LACEY Department of ARCHITECTS Regulatory Services I' TOTAL FEES $25.00 I Iz BOND '' ',.Qa eve CONSTRUCTION COSTS $ 00 I 756 CERTIFICATE OF OCCUPANCY I. PRIVATE * BARNSTABLE, • - MASS. 1639. BUIL IN,G DIVISION, By - DATE ISSUED„ 08/15/2.005 EXPIRATION DATE THIS PERMIT CONVEYS NO:RIGHT TO OCCUPY ANY STREET,:ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS.ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND,LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS:THE ISSUANCE_ OFTHIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED, FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY. 1 ` I BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS I' I :I I I ,I i 2 2 2 i I I I I 3" 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. . BUILDING PERMIT �'�� ` TOWN OF BARNSTABLE BUILDING PERMIT °> PARCEL ID 009 004 GEOBASE ID 219 ADDRESS 4766 FALMOUTH ROAD {ROUTE PHONE COTUIT ZIP - LOT BLOCK LOT SIZE DBA ""`` ` DEVELOPMENT DISTRICT CT PERMIT TYPE SAM5jTY jJ,�EJIPTION MERYAAPARTANTZBA #2002-56 CONTRACTORS: EDMUND LACEY Department of ARCHITECTS: P TOTAL FEES: $428.84 Regulatory Services BOND $.00 CONSTRUCTION COSTS $36,864.00 434 RESID ADD/ALT/CONY 1 PRIVATE • IIAMSTABLE, • MM& 1659. ♦��a BUILDI DIVISIO DATE ISSUED 06/28/2005 EXPIRATION DATEY �"` TOWN OF BARNSTABLE BUILDING PERMIT PARCEL,.'ID 009 004 GEOBASE ID 219 "ADDRESS 4766 FALMOUTH ROAD (ROUTE JA PHONE COTUIT" ZIP LOT BLOCK LOT;-Sl"ZE DBA DEVELOPMENT lj�,STRICT CT ffl�§IPTION 42002�56 MET-TYPE INETY CONTRACTORS: EDMUND LACEY Department ment of ARCHITECTS: Regulatory Services TOTAL FEES: $428.60 BOND $.00 CONSTRUCTION COSTS $36,864.00 SHE 434 RESID ADD/ALT/CONV I PRIVATE BARNSTABLE, MASS. 1639. BUILJING DIVISION BY DATE ISSUED 06/28/2005 EXPIRATION DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS,ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT POSTED UNTIL FINAL INSPECTION WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL �N� WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF COW INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. BUILDING PERMIT TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION �yd,� y.� Map 001 Parcel Permit# 1951 t) to Hdalth Division Date Issued 105 �. Conservation Division I!0: 54 Application Fee too f � Tax Collector Permit Fee0(o3 Treasurer ...01iVISlON Planning Dept. EXISTING SEPTIC SYSTEM Date Definitive Plan Approved b Planning Board "TEDTO PP Y 9 _.. ,�.,#OF BEDROOMS Historic-OKH Preservation/Hyannis f `j ����; S-ZeAttA Project Street Address "/ �6 Village C 07W 1 f Owner _AV 1EL 143T i"g Address -770 Telephone -Coo — VI-0— 6 6 Permit Reques vv Co f C A18.4 c4r 6AIf Nam.. :,-e,f3 Vf1;A?VCes, Square feet: 1 st floor: existing S-0 proposed S®0 2nd floor: existing proposed Total new Zoning District 9T� Flood Plain W Groundwater Overlay Project Valuation I 0 d 0 "Construction Type &tQ MAWvc Lot Size 3 6 Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. q mA Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure /7 y 1 S. Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: AFull ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) i`! Basement Unfinished Area(sq.ft) _ 1V/4 Number of Baths: Full: existing 1 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 qkNo Fireplaces: Existing _ New Existing wood/coal stove: ❑Yes J0 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 0 Commercial ❑Yes ❑-No-- - If yes, site plan review# Current Use CU m v"tt 4 f lU N1 Proposed Use BUILDER INFORMATION Name Telephone Number 1 7��� Address / 3.'1 '1 N 13f License# C5 6 7 3 1 DSf'tsi'1-VILi� MA' Home Improvement Contractor# I, Worker's Compensation# —3,V1 17 3 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE 2l /6 / 0 y FOR OFFICIAL USE ONLY i t PV,RMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE tr OWNER DATE OF INSPECTION: FOUNDATION' FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH . FINAL F r- 0 GAS: ROUGH 0 i FINAL N FINAL BUILDING nFE.� Ni DATE CLOSED OUT i ASSOCIATION PLAN NO. t' i r No- DTI ^ • � - IxJ j! The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibl Name (Business/organization/Individual): in(4 Address: 1731 S?��l03 d Gtr _Dt?-- City/State/Zip: �7QtI/ '- /KA- DTC-i� Phone Are you an employer? Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and 1 6. ❑New construction loyees(full and/or part-time).* have hired the sub-contractors 2. I am a sole proprietor or partner- listed on the attached sheet. $ ❑ Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition working for me in any capacity. workers' comp. insurance. 9. ❑ Building addition (No workers' comp. insurance 5. ❑ We are a corporation and its 10.❑ Electrical repairs or additions required.] officers have exercised their 3.❑ I am a homeowner doing all work right of exemption per MGL 11.❑ Plumbing repairs or additions myself. [No workers' comp. c. 152,§1(4),and we have no 12.❑ Roof repairs insurance required.] t employees. [No workers' eq ] 13.❑ Other, comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information: t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContracton that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lie. M Expiration Date: Job Site Address: 76G ALMOw'r l� - rb `�I i City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby cert ,. t ins and penalties of perjury that the information provided above is true and correct Signature: Dater Phone M. Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 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 employe0s. ' Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership, association, corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall ent„zr into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary, supply sub-contractors)name(s), address(es)and phone number(s)along with their certificate(s) of insurance. Limited Liability �Liabili Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners; are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their on the appropriate rite line. self-insurance license number � City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Flease be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant fa-at 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 vear.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial.Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. # 617-727-4900 ext 406 or 1-.877-MASSAFE Fax#617-727-7749 Revised 5-26-05 www.mass.gov/dia I k t. ULATIONS.J.. s E--\ 6R BOARD OF BOIL T ON SUP , License. CONSTRU ` ;CS.,' 75573 1 t4umbe. Tr.no; 3 4 09)19120 � :• Expires•. e Restricted 00 } EDMUND Administrator 137 STURBRID 02655 OSTERVILLE, o m � w O Z In0 n o O •Cp. M ° { 0 t9 ? < A m " � A n m C O (7 m Ln e o m O w r b> rr� O � r m m o ee • - o .y Q oft rr fo • � p Ot ! 1 oa j I _ °FIKE� Town of Barnstable Regulatory Services Thomas F.Geiler,Director �'°rF0►JIA�p,� Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I, I �✓�/�C as Owner of the subject property hereby authorize L� Lac e to act on my behalf, in all matters relative to work authorized by this building permit application for: (Address of Job) 1� 36 Signature of Owner D to Print Name Q:FORM&OWNEUERMISSION _ _ REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS I THIS GULATOZY AGREEMENT and DECLARATION OF RESTRICTIVE COVEN ANTS,is made j U day of 4 ,2004, by and between Daniel Hostetter,JR of 30 Bittersweet Lane, Osterville,MA 02655,alid its successors and assigns (hereinafter the "Owner"),and the TOWN.OF BARNSTABLE (the"Municipality'),a political subdivision of the Commonwealth; e WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter _ 40B and local regulations by the Zoning Board of Appeals to permit the creation of accessory apartment(s) which will be rented to a Low or Moderate Income Person/Family(hereinafter"Designated Affordable Unit"; and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other F,l C i good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: ®, T I. PROJECT SCOPE AND DESIGN• A The terms of this Agreement and Covenant regulate the property located at 4766 Falmouth Road, Q Cotuit,MA,as further described in Exhibit"A'hereto annexed. B. The Project located at 4766 Falmouth Road,.Cotuit,MA will consist of a total of four(4) apartment e� unit(s),two of which will be rented to eligible low or moderate income individuals (the"Designated Affordable Unit(s)" or the"Unit"). C. The Owner agrees to construct the Project in accordance with the terms of the comprehensive permit, Appeal No:2004-56 and anyplans submitted therewith and all applicable state,federal and municipal laws and regulations (A copy of the comprehensive permit is annexed hereto as Exhibit"B"). II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons of low income (herein defined as 80% or less of the median income of Barnstable- Yarmouth Metropolitan Statistical Area(MSA) and that the.Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80%of Area Median Income or less of the Area Median Income(AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent(including utilities)shall not exceed the rents established by the Department of Housing and Urban Development(HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utilityallowance established bythe Barnstable Housing Authorityshall be deducted from HUD's.rent level. 3. The Designated Affordable Unit will be retained as permanent,year round rental dwelling.units with at least one-year leases. 4. The Owner has the full legal right,power and.authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement.by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation;or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated anyprovision of anyindenture,agreement;mortgage, mortgage note,or other instrument to which the Owner' a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. • 6. The Owner,at the , ,�of execution and delivery of this AgreemE leas good, clear nsarketable title to the premises. 7. " There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting - it,or any of its properties or rights,which if adversel d g y etermined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. I B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C; LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MBA) and that rent (including utilities) shall not exceed the rents established by the Department of Housing and;Urban Development(HLJD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established bythe Barnstable Housing Authority shall be deducted from HUD's rent level. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated bythe Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable.Unit. - I.Y. M1 CIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated bythe Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income(AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development(HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area.In the event that utilities are separately metered, the utilityallowance established bythe Barnstable Housing Authorityshall.be deducted from FIM's rent level. V• RECQRDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Reg is try District of the Bamstable Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediatelytransmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. 2 VI GOVERNING OF AGREEMENT: This Agreement shall be governed bythe laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of anyclause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VHL NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. IX HOLD HAR1y=SS: The Owner hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions bythe Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. X ENTIRE UNDERSTANDING A- This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed bythe parties, and appended to this document.. . B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be,and bythese presents are,granted bythe Owner to run in perpetuity in favor of and be held bythe Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall. run with the land described in Exhibit"A'hereto annexed and shall be binding upon the Owner and all successors in title. This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipahtyshall not be subject to the defense of lack of privity-of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in Exhibit"A". M. TERM OF AGREEMENT The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and . restrictions imposed herein.. Such cancellation shall only take effect.after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case maybe,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 XII. SUCCESSORS AND ASSIGNS: A The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants.on behalf of itself and its successors and assigns (i)that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (i' are not merelypersonal covenants of the Owner,and(in) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipalityand its successors and assigns for the term of the Agreement. XIII. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification-to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of anyunpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XIV. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IA IN WITNESS WHEREOF,.we hereunto set our hands and seals this day of '�l U ,200 OWNER BY. sn,re Printed: _ Daniel Hostetter,JR TOWN OF( STABLE BY: - si� Printed: ohn C own Manager 4 I COMMONWEALTH OF MASSACEiUSETTS County of Barn table,ss: 2004 On this k day of �I 20fore me,the undersigned notary public,personally appeared 3 ,the Owner(s) ,proved to me through satisfactory evidence of identification,which were jwri L(°�� S ,to be the person(s) whose. names)is signed on the preceding or attached document and acknowledged.to be that he/she signed it voluntarily for the stated purposes. otary Publi Printed:- A My CommissionExpires: = f . o2Aft COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: 2004. On this 0 da of y. tts& 2004before me;the undersigned notarypublic,personally.appeared ,kh,n e—L K—Lt m rr ,the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which wereu ,are ,to be the person whose name is signed on the preceding or attached document and acknowl ged to be that he/she signed it voluntarily for the stated purposes. Notary Public Printed ,rites 0aJ;-f" My Commission Expires: aF-O 5 Frank J. Pacitt ).'r-7ustee of the PACITTO Fly ) NOMINEE TRUST, under. a .declaration of i st dated July 7 , 1994 ; which is recorded at the Barnstable County. hegistry of Deeds in Record Book 9298 'Page 62 of 'Barnstable, Barnstable County, Massachusetts in consideration of $365, 000 . 00 paid EXH grant to Daniel C. Hostetter, Jr. of. 30 Bittersweet Lane, Osterville, MA 02655 with JURrluittt Xcnbe11un10 the land in Barnstable (Cotuit) ,,• Barnstable County, Massachusetts, descri ed as follows: �q NORTHEASTERLY: * by Parcel I as shown•on plan hereinafter referred to •J 161 00 feet.; NNORTHWESTERLY again shown on said plan, 151 .41 feet; ra SOUTHWESTERLY: by land now or formerly of Herbert E. Johnson 131 . 45 feet; and rd rd SOUTHEASTERLY: by. Route 28 as .shown on two courses a total distance 40 of 146 .81 feet. . .0 The above .described premises are shown on "Plan_ of Land in Santuit, � . 0 Barnstable, Mass . for Dora M. Nickerson Scale I inch = 40 feet, e February, 1972 , Cape,. Cod Survey .Consultants, 'Iyanough Road, Hyannis Mass . " : Said plan is. on file at said Registry. in Plan Book 254 Page 6 . w Said land is conveyed subject to, and with the benefit of, all matters i of. record tothe. extent the same are in forge and applicable. V) The within Grantor hereby certifies that: he is the sole trustee of N said trust; said .trust is in legal existence and. has not been amended; �A all .of the beneficiaries are over the . age of 21 years, and are compet b ent; and I have the power. and .have been duly directed by all of the rd beneficiaries ' to convey. the within described . real estate to the >, Grantee for the above stated-.consideration. I j CD P nN�m r Uq 9e. S ED MPS• w.. — Town of Barnstable `~', k .. Zoning Board of Appeals EXHIBIT co try Comprehensive Permit Decision and Notice :- :z � Appeal 2002-56—Hostetter Applicant(s): Daniel Hostetter,Sr. -- Daniel Hostetter,Jr. Property Address: 4766 Falmouth Road,Cotu_it,MA Assessor's Map/Parcel: Map 009 Parcel 004 Zoning: Residential F. C-. Groundwater Overlay: AP Aquifer Protection District lm rrI Applicant(s): The applicants are Daniel Hostetter, Sr. and Daniel Hostetter,Jr.,with a property address of:4766 Falmouth Road, Cotuit,MA_' Relief Requested: have applied for Comprehensive Permit under the General Law of the Commonwealth of The applicants PP Comp Ge Massachusetts,Chapter 40B-§20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre=existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonlytermed the "Accessory Affordable Housing Program" The applicants want to convert two existing un-perrmned/illegal apartments: (Unit C) and(Unit D) within a multi-family dwelling into accessory affordable units in accordance"with all the conditions of this permit. The issuance of this Comprehensive Permit would allow.fortwo accessory affordable apartments.within a multi-family residential dwelling. Locus and Background: The property is a.50 acre lot that is developed with a'S-bedroom,5-bathroom4 4,302 square feet multi-family, Colonial style building.--Mr.Hostetter,Jr. bought the propertyten months ago. Mr.Hostetter,Sr.previously owned the building and was given a Special Permit bythe Zoning Board of Appeals (Appeal# 1987-26) in 1987 to allow an existing two-family structure to be converted to an office building." (The property had formerly been used as a restaurant and living quarters). The permit allowed Mr.Hostetter,Sr.to convert a then non- conforming two-fanvlyvacant dwelling into an office building. When.the restaurant closed,the area was made into a second apartment after which_the propertywas used as a two-amily dwelling. Mr.Hostetter,Sr.used the.offices to manage development of contiguous lands into a residential-subdivision. After five years,the Special Permit expired, and the property reverted back to single-family use. The property was sold in the early`90's,and the Hostetters recently bought the property back again. Within the last year,the applicants decided to convert the entire property into a four-unit apartment building,and proceeded to create two unpermitted units to the building which already had two legal apartments. The Building Department became aware of the additional two units, and the Commissioner encouraged the Hostetters to apply for Amnesty, after which the applicants.stepped forward to participate in the Accessory Affordable Housing Program The two proposed accessoryunits as well as the two legal apartments are all located inside one building Procedural Summary. This appeal was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on June 9,2004 at which time the Comprehensive Permit was granted. The Hearing Officer, Gad Nightingale presided over the public hearing. Also present were Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator. Findings as to Standing and The Comprehensive Permit: At the June 9,2004 hearing,the Hearing Officer made the following findings of fact: 1. The applicants are Daniel Hostetter, Sr. and Daniel Hostetter,Jr., owners of property addressed at 4766 Falmouth Road, Cotuit. Mr.Hostetter,Jr.has owned the property since September 18,2003,as documented and recorded at the Registry of Deeds in Book 9298,page 62. Mr.Hostetter,Jr.is requesting the Comprehensive Permit to convert two existing unpermitted apartments into accessory affordable rental units: The units are currently unoccupied The applicants have submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting ownership of the property. In addition,they have submitted a certified plot plan dated July 2, 1992. 2. The applicants were issued a site approval letter dated May 3,2004 from Kevin Shea,Director,Office of Community&Economic Development,qualifying their application for the Accessory Affordable Housing Program The source of the subsidyis the federal ConnmunityDevelopment Block Grant(CDBG) Proms 3. The proposed affordable rental units will be: a. Unit C at 550 square feet. It is located in the rear of the building on the ground level; and b. Unit D at 380 square feet. It is located in the rear of the building on the second level. The units are inside one building along with the other two permitted apartments comprising the multi-family structure. They are located in a Colonial style building. 4. According to the Assessor's record,the building has a total of five bedrooms. The property has its own sewer/septic system that serves the multi family structure. The site is within the AP-Aquifer Protection District. The Public Health Division has:verified that the proposed property meets both the conditions of the State's Title V Environmental Code and local Board of Health requirements,plus, approved the septic system at the site for a total of five bedrooms as per the"Housing Amnesty/Public Health" Form dated March 31,2004. 5. The town of Barnstable completed an inspection of the property on March 12,2004. The following was noted: "Unit C" _ A cover plate is needed for the living room ceiling,a cover plate is needed on an electrical outlet in the kitchen,the bathroom shower needs repairing,and the apartment unit letter("Unit C") needs to be posted on the outside of the unit;"Unit D"— The second means of egress needs to be approved bythe j Budding Department,and the apartment unit letter("Unit D")needs to be posted on the"outside of the unit The applicants are aware that a final inspection bythe Building Division will be required and that the Building Division also has to perform all necessary inspections to assure that the units) meets applicable minimum state and local code requirements before they are issued an Amnesty Certificate of Participation. 6. On March 31,2004,the applicants signed an AccessoryAffor"dable Housing (Amnesty) Program Affidavit agreeing to comply with the program's requirements,and further agreeing to complywith.the provisions set forth in Article LXV(65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement&Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicant as a "limited dividend organization" as that term is used under MG.L.c.40B %20-23. 7. The applicants understand that the affordable unit(s)will be rented to individuals) whose income is 80% or less of the Area Median Income (AMI) of Bamstable-Yarmouth Metropolitan Statistical Area(MSA) and further agrees that rent (including utilities) shall not exceed the rents established bythe Department of Housing and Urban Development 8. According to the Massachusetts Department of Housing and Community Developm ent,as of September 4, 2003,5.11% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minim,,,,,under M.G.L.c..40B 55 20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 9. Based upon the findings,the project is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings,the applicants;Daniel Hostetter,Sr.and Daniel Hostetter,Jr. are granted a Comprehensive Permit to permit the conversion of two pre-existing illegal accessory apartments (Unit C).of 550 square feet and (L)nit D) of 380 square feet within a multi-family residential dwelling,subject to the following conditions: ` 1. Occupancy of Unit Cshall not exceed two people;and occupancy of Unit D shall not exceed one person. 2. The units shall not be occupied by a family member of the owners. 3. To meet the requirements of affordability,the applicants must rent the unit(s) to a person or family-whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA),adjusted by household size. The monthly rent payable by a household inclusive-of utilities shall not exceed 30% of the monthly household income of a household earning 80% of the median income,adjusted by household size. In the event-that utilities are separately metered,the utility allowance established bythe town of Barnstable shall be deducted from rent level so calculated. 4. All leases shall'have a minimum term of one year. 5. The property owners must obtain a building permit for the accessory affordable unit(s) whether the unit(s) are new or pre-existing. Before the issuance of an occupancy permit and Certificate of Compliance for the unit(s),the Building Commissioner must determine that the unit(s) conform with the approved plans as submitted to the file (as initialed bythe ZBA Hearing Officer and submitted with the building permit application) and meets state building,fire and sanitary codes. The unit(s) must also comply with applicable I state on-site wastewater discharge requirements. 6. The applicants may select their own tenant(s) provided the tenant(s) meet all requirements of the program and provided that person(s) *income is reviewed and approved bythe Office of Community& Economic Development of the town of Barnstable as a qualified individual. The applicants.will be required to work with the town to provide information necessary to document that the tenant(s) qualify. To unsure that the unit is rented in an open and fair basis to an income eligible individual or family;the . unit(s) must be listed with the town whenever a vacancy occurs. Also,the applicants must notify the Office of Community&Economic Development of a vacancywhenever it occurs. , 7. Everytwelve months the applicants shall review the income eligibility of those individuals occupying the units. No later than a year from the date of issuance of this Comprehensive Permit the applicants shall file r } l J listing the rent charged and income level of the occupant(s) of the units. The applicants shall provide the town any additional information it deems necessaryto verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to whythis permit should not be revoked 8.- The Accessory Affordable Unit(s),shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 9. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreementand Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the town of Barnstable shall be notified within 60 days the name and address of the new owner. 10. All parking for the dwelling and accessoryunit(s) shall be accommodated on site. 11. This Comprehensive Permit.mil st be exercised and the units)occupied within 12 months of its issuance or it shall expire. Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part 11, Section 4.02 and Part HI, Section 3.72 of the Town of Barnstable Administrative Code,the hearing officer transmitted her written decision to the Zoning Board of Appeals on June 9, 2004,and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taldng no action to reverse the decision,this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2004-56 has been granted with conditions. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk The applicant has the right to appeal this s ion as ` outlined in MGL Piapter 40B,Section 22. - 4 f.•••••�.•�+8� ghtingale acing icer Date Signed the 'der,Clerk of the Town of Barnstable,Barnstable County,Massaenus i decision c�tha eal e twenty20 days have elapsed since the Zoning Board of Appeals filed this � �� 4f ( ) Ys P � ice-af-the Town Clerk �b decision has been filed in th t ? ..,took. p0 signed and sealed this of under the pains and pe.aTtie 11krj -: I Linda Hutchenrider,Town Clerk i i I `I Amnesty Program Helping to Make Affordable Housing Possible -i own ofBarnstable Certificate of Comp Hance This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code and Town of Barnstable zoning ordinances in accordance with the Amnesty Program. Location 4766 Falmouth Road, Cotuit; MA Unit Capacity Unit D: Studio t to exceed one person Inspector M/P No. 009 004 8/1.6/2005 a t i w 1 ` REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS' THISfEGULATO13YAGREEMENT and DECLARATION OF RES TRICTIVE COVENANTS,is made j this U day of Q014 ,2004,by and between Daniel Hostetter,JR. of 30 Bittersweet Lane, —, ! Osterville,MA 02655,ald its successors and assigns (hereinafter the "Owner"),and the TOWN OF 1 BARNSTABLE (the"Municipality"),a political subdivision of the Commonwealth; i i WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of accessory apartment(s) 017 I which will be rented to a Low or Moderate Income Person/Family(hereinafter"Designated Affordable Unit"; I and td NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other Q µ good and valuable consideration,,the receipt and sufficiency of which is hereby acknowledged,the parties agree C, as follows: I. PROJECT SCOPE AND DESIGN• A. The terms of this Agreement and Covenant regulate the property located at 4766 Falmouth Road 1.0 Cotuit,MA,as further described in Exhibit"A"hereto annexed. r� B. The Project located at 4766 Falmouth Road, Cotuit,MA will consist of a total of four(4) apartment unit(s),two of which will be rented to eligible low or moderate income individuals (the"Designated Affordable Unit(s)" or the"Unit"). C. The Owner agrees to construct the Project in accordance with the terms of the comprehensive permit, Appeal No.2004-56 and any plans submitted therewith and all applicable state,federal and municipal laws and regulations(A copy of the comprehensive permit is annexed,hereto as Exhibit"B"). Ii. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable-unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent.housing to persons of low income (herein defined as 80% or less of the median income of Barnstable- Yarmouth Metropolitan Statistical Area MA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of Area Median Income or less of the Area Median Income(AM) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent (including utilities)shall not exceed the rents established by the Department of Housing and Urban Development(HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established bythe Barnstable Housing Authorityshall be deducted from HUD's.rent level. 3. The Designated Affordable Unit will be retained as permanent,year round rental dwelling units with at least one-year leases. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation, or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. F r I '• 6. The Owner,at the, of execution and delivery of this eemt ' 1 ry good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute.restrictions and covenants running with the land shall be deemed to be satisfied,in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in P r a etuity.to a P . household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development(HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town"Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to . perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuityto a household with a maxirnum income of 80% or less of the Area Median Income(AMI) of Barnstable-Yarmouth Metropolitan Statistical Area"A) and that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area.In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. V. RECORDING OF AGREEMENT- Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Bamstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediatelytransmit to the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement. 2 VI GOVERNING OF AGREEMENT This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIH. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a parry may from time to time designate by written notice.. TX HOLD HARNII.ESS: The Owner hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions by the Owner;its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. X ENTIRE UNDERSTANDING: A This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed bythe parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be,and by these presents are,granted bythe Owner to run in perpetuityin favor of and be held bythe Municipalityas anyother permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in Exhibit"A"hereto annexed and shall be binding upon the Owner and all successors in title. This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in Exhibit"A". M. TERM OF AGREEMENT- The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein.. Such cancellation shall only take effect after. 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds_ or Barnstable County -Registryof the Land Court as the case maybe,thus rendering said Comprehensive Permit void. Upon the. cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the erm use permitted under zoning,and the restrictive . P b e covenant shall be rendered.void. 3 .)M. SUCCESSORS AND ASSIGNS: A The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. , B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns @ that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merelypersonal covenants of the Owner,and(iii) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipalityand its successors and assigns for the term of the Agreement. XIII. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation'of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XIV. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this%Ju day of u! ,200_4--' OWNER BY: Lill W sip Printed: _ Daniel Hostetter,ZR TOWN OF STABLE BY: ` g,gnar= Printed ohn G own Ma nag.,er 4 COMMONWEALTH OF MASSACHUSETTS County of B table,ss: 20 iO4 On this O day of KI 20�before me,the undersigned notarypublic,personally appeared Cc Uk the Owngr(s) ,proved to me through satisfactory evidence of i tification,which were -4 ( (' ;S ,to be the person(s) whose name(s)is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. A- Amp, Printed:- lob j'Stla My Commission Expires: JAI. 02�� COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: AiAaWoZ�— ,2004. On this NbD day of` 204before me,the undersigned notarypublic,personally.appeared J6 h CL t m rr ,the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were ,�.r. ,to be the person whose name is signed on the preceding or attached document and acknowltdged to be that he/she signed it voluntarily for the stated purposes. 12 NotaryPublic Printed ' ZF, Q � My Commission Expires: 5 ...*..FrankJ. Pacitt ).' .ustee of the PACITTO 'FA �^ NOMINEE TRUST, under" a ,declaration of i st dated .July 7, '1994 ; wh;.ch is recorded at the Barnstabl e ' County. hegistry of Deeds in Record Book 9298 'Page 62 of 'Barnstable, Barnstable County,Massachusetts in consideration -of $365,000.00 paid grant to Daniel C. Hostetter, Jr: , of. 30 Bittersweet Lane, Osterville, MA 02655 " . . with qui#tluittt ragltun#s the land in Barnstable (Cotuit),• Barnsta> ie County, Massachusetts-, descri ed as follows : �q NORTHEASTERLY: by Parcel I as shown on plan hereinafter referred to 4J 161 .00 feet; a N NORTHWESTERLY. " again shown on said plan, 151 .41 feet; SOUTHWESTERLY: by land now or formerly of Herbert E. Johnson ; . � 131 .45 feet; and oSOUTHEASTERLY: by. Route 28 as .shown on two courses a total distance a of 146 .81 feet. The above.described premises - are shown on "Plan of Land in Santuit, o Barnstable, Mass . - for Dora M.' Nickerson Scale 1' inch = 40 feet, e February', 1972 , Cape, Cod Survey .Consultants, 'Iyanough Road, Hyannis wMass . " .- Said plan is. on file at said Registry. in Plan Book 254. Page 6 ,, Said land is conveyed subject to, and with 'the benefit of, all matter: of. record to the. extent the same are in force' and applicable. ;� The within Grantor hereby certifies that: he is the sole trustee .of N said trust;, said .trust is in legal existence and. has not been amended I all .of the beneficiaries are over the age of 21 years and are compet-I b ent; and. I have the power. and .have been duly directed by all of the ro beneficiaries ' to- convey.'the within described . real estate to the Grantee- for -the above stated .consideration. +h¢ J CD Town of Barnstable Zoning Board of Appeals EXHIBIT C-n Comprehensive Permit Decision and Notice Appeal 2002-56—Hostetter Applicant(s): Daniel Hostetter,Sr. _—{ Daniel Hostetter,Jr. C Property Address: 4766 Falmouth Road,Cotuit,MA Assessor's Map/Parcel: Map 009 Parcel 004 Zoning: Residential F C;. Groundwater Overlay: AP Aquifer Protection District M Applicant(s): 7 The applicants are Daniel Hostetter, Sr. and Daniel Hostetterr Jr.,with a property address of 4766 Falmouth Road, Cotuit,MA E. -� Relief Requested: The applicants have applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B—§20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre-existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonlytermed the "Accessory Affordable Housing Program" The applicants want to convert two existing un-permittedlillegal apartments:(Unit Q and(Unit D) within a multi-famlydwelling into accessory affordable units in accordance with all the conditions of this permit. The issuance of this Comprehensive Permit would allow for two accessory affordable apa**n+Pnts within a multi-family residential dwelling. Locus and Background: The property is a.50 acre lot that is developed with a 5-bedroom,5-bathroom,4,302 square feet multi-family, Colonial style building. Mr.Hostetter,Jr. bought the propertyten months ago. Mr.Hostetter,Sr.previously owned the building and was given a Special Permit bythe Zoning Board of Appeals (Appeal# 1987-26) in 1987 "to allow an existing two-familystructure to be converted to an office building." (Me property had formerly been used as a restaurant and living quarters). The permit allowed Mr.Hostetter,Sr.to convert a then non- conforming two-family vacant dwelling into an office budding. When the restaurant closed,the area was made into a second apartment,after which.the property was used as a two-family dwelling. '.Mr.Hostetter,Sr.used the offices to manage development of.contiguous lands into a residential-subdivision. After five years,the Special Permit expired, and the properryreverted back to single-family use. The properry. was sold in the early`90's,and the Hostetters recently bought the property back again. Within the last year,the applicants decided to convert the entire property into a four-unit apartment building,and proceeded to create two unpermitted units to the building which already had two legal apartments. The Building Department became aware of the additional two units,and the Commissioner encouraged the Hostetters to apply for Amnesty,after which the applicants stepped forward to participate in the Accessory Affordable Housing Program The two proposed accessory units as well as the two legal apartments are all located inside one building Procedural Summary: This appeal was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing,before the Zoning Board of Appeals Hearing Officer was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on June 9,2004 at which time the Comprehensive Permit was granted. The Hearing Officer,Gail Nightingale presided over the public hearing. Also present were Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator. Findings as to Standing and The Comprehensive Permit: At the June 9,2004 hearing,the Hearing Officer made the following findings of fact 1. The applicants are Daniel Hostetter,Sr. and Daniel Hostetter,Jr., owners of property addressed at 4766 Falmouth Road, Cotuit Mr.Hostetter,Jr.has owned the property since September 18,2003,as documented and recorded at the Registry of Deeds in Book 9298,page 62. Mr.Hostetter,Jr.is requesting the Comprehensive Permit to convert two existing unpermitted apartments into accessory affordable rental units. The units are currently unoccupied_The applicants have submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting ownership of the property. In addition,they have submitted a certified plot plan dated July 2, 1992. 2. The applicants were issued a site approval letter dated May 3,2004 from Kevin Shea,Director,Office of Community&Economic Development,qualifying their application for the Accessory Affordable Housing Progra.tn. The source of the subsidyis the federal CommuniryDevelopment Block Grant(CDBG) Program. 3. The proposed affordable rental units will be: a. Unit C at 550 square feet. It is located in the rear of the building on the ground_level; and b. Unit D at 380 square feet. It is located in the.rear of the building on the second level. The units are inside one building along with the other two permitted apartments comprising the multi-family structure. They are located in a Colonial style building. 4. According to the Assessor's record,the building has a total of five bedrooms. The property has its own sewer/septic system that serves the multi family structure. The site is within the AP-Aquifer Protection District. The Public Health Division has:verified.that the proposed property meets both the conditions of the State's Title V Environmental Code and local Board of Health requirements,plus, approved the septic system at the site for a total of five bedrooms as per the "Housing Amnesty/Public Health" Form dated March 31,2004. .5. The town of Barnstable completed an inspection of the property on March 12,2004. The following was noted: "Unit C" _ A cover plate is needed for the living room ceiling,a cover plate is needed on an electrical outlet in the kitchen,the bathroom shower needs repairing,and the apartment unit letter("Unit 0)needs to be posted on the outside of the unit;"Unit D"— The second means of egress needs to be approved bythe Budding Depamment,and the apartment unit letter("Unit D") needs to be posted on the-outside of the unit The applicants are aware that a final inspection bythe Building Division will be required and that the Building Division also has to perform.all necessary inspections to assure that the unit(s) meets applicable m;n;mum state and local code requirements before they are issued an Amnesty Certificate of Participation. 6. On March 31,2004,the applicants signed an Accessory Affordable Housing (Amnesty Program Affidavit agreeing to comply with the program's requirements,and further agreeing to comply with the provisions set forth in Article LXV(65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement&Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicant as a "limited dividend organization" as that term is used under MG.L.c.40B §§20-23. 7. The applicants understand that the affordable unit(s) will be rented to individual(s)whose income is 800 or less of the Area Median Income (AMl) of Barnstable-Yarmouth Metropolitan Statistical Area"A) and further agrees that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD). 8. According to the Massachusetts Department of Housing and Community Development,as of September 4, 2003,5.11% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory miniruum under M.G.L.c.40B SS 20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 9. Based upon the findings,the project is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health an( safety of the occupants provided all conditions of the Comprehensive Permit are.strictlyfollowed. Ruling and Conditions: Based upon the findings,the applicants,Daniel Hostetter, Sr.and Daniel Hostetter,Jr.are granted a Comprehensive Permit to permit the conversion of two pre-existing illegal accessory apartments (Unit Q of 550 . . square feet and (Unit D) of 380 square feet within a multi-family residential dwelling,subject to the following conditions: 1. Occupancy of Unit C shall not exceed two people;and occupancy of Unit D shall not exceed one person. 2. The units shall not be occupied by a family member of the owners. 3. To meet the requirements of affordability,the applicants must rent the unit(s) to a person or familywhose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA),adjusted by household size. The monthly rent payable by a household inclusive of utilities shall not exceed 30% of the monthly household income of a household earning 80%of the median income,adjusted by household size. In the event that utilities are separately metered,the utility allowance established bythe town of Barnstable shall be deducted from rent level so calculated. 4. All leases shall have a minimum term of one year. 5. The property owners must obtain a building permit for the accessory affordable unit(s) whether the unit(s) are new or pre-existing. Before the issuance of an occupancy permit and Certificate of Compliance for the unit(s),the Building Commissioner must determine that the unit(s) conform with the approved plans as submitted to the file (as initialed by the ZBA Hearing Officer and submitted with the building permit application) and meets state building,fire and sanitary codes. The unit(s) must also comply with applicable state on-site wastewater discharge requirements. 6. The applicants may select their own tenant(s)provided the tenant(s) meet all requirements of the program and provided that person(s) income is reviewed and approved by the Office of Community& Economic Development of the town of Barnstable as a qualified individual. The applicants will be required to work with the town to provide information necessary todocument that the tenant(s) qualify. 1 To insure that the unit is rented in an open and fair basis to an income eligible individual or family,the unit(s) must be listed with the town whenever a vacancy occurs. Also,the applicants must notify the Office of Community&Economic Development of a vacancy whenever it occurs. 7. Everytwelve months the applicants shall review the income eligibility of those individuals occupying the units. No later than a year from the date of issuance of this Comprehensive Permit the applicants shall file listing the rent charged and income level of the occupant(s) of the units. The applicants shall provide the town any additional information it deems necessaryto verify the information provided in the affidavit Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked 8. The Accessory Affordable Unit(s).shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 9. This Comprehensive Permit shall not be transferable to anyother person or entity withQut the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable CounryRegistryof Deeds. If the ownership of the propertyis transferred,the town of Barnstable shall be noted within 60 days the name and address of the new owner. 10. All parking for the dwelling and accessoryunit(s) shall be accommodated on site. 11. This Comprehensive Permit must be exercised and the unit(s)occupied within 12 months of its issuance or it shall expire. Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code, the hearing officer transmitted her written decision to the Zoning Board of Appeals on June 9,2004,and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision, this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2004-56 has been granted with conditions. Appeals of this decision,if any,shall be made tc the Barnstable Superior Coup pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk The applicant has the right to appeal the decision as outlined in MGL pter 40B,Section 22. Q f,.f....,•410 Itightingale acing icer Date Signed ; ' la Hutche 'der,Clerk of the Town of Barnstable,Barnstable County,Massacnus t twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision c1•,tha o eal. e decision has been filed in th ic�,ef�he Town Clerk �. '•., .�•,9 Signed and sealed this p. �g ( d � of under thePsins anPeraTtie� , Linda Hutchenrider,Town Clem t, ► TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARCEL ID 009 004 GEOBASE ID 219 ADDRESS 4766 FALMOUTH ROAD (ROUTE PHONE COTUIT ZIP - LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CT PERMIT 66075 DESCRIPTION UNIT 'C' ZBA 2002-56 PERMIT TYPE BC00 TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: EDMUND LACEY Departmentof ARCHITECTS: Regulatory Services TOTAL FEES: $25.00 BOND $.00 CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE70. * BAE1QSTABM MASS. � 039. ♦� �FO NIA A BUILDIN DIVISI N BY DATE ISSUED O8/12/2005 EXPIRATION DATE ) TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARCE11 T9'.609 004 GE08ASE In' 219 40D S _ 4766 FALMOUTH ROAD -(ROUTE PHONE .. -C WIT. . ZIP t LOT i � BLOCK LOT SIZE DAA '' DEVELOPMENT DISTRICT CT PERMIT - 86075 DESCRIPTION UNIT 'C' Z13A 2002-58 PERMIT TYPE. BCOO • TITLE CERTIFICATE OF OCCUPANCY - I CONTRACTORS- EDMUND LACEY:ARCHITECTS: Department Of Regulatory.Services TOTAL'.FEES: $25.00 BOND CONSTRUCTION COSTS $ 00 756 CERTIFICATE OF OCCUPANCY I PRIVATE • BARNSTABLE; * i MASS. 1639. IIAP► BU14DING DIVISI N BY DATE ISSUED • 08/12/2005 EXPIRATION DATE THIS PERMIT CONVEYS.NO RIGHT.TO OCCUPY_ANY STREET,ALLEY OR SIDEWALK OR ANY.PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY..EN_ CROACHMENTS ON PUBLIC PROPERTY,NOT.SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS PERMIT DOES NOT RELEASE THE APPLICANT FROM,THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED . FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND R F I THIS CARD KEPT POSTED UNTIL FINAL INSPECTION WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS O FOOTINGS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS ELECTRICAL,PLUMBING AND MECH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN.MADE.(READY TO LATH). � PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 4.'FINAL INSPECTION BEFORE OCCUPANCY. VISIBLEPOST THIS CARD SO IT IS BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2. — 2 I 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT I 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS ' THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. s BUILDING . ____ PERMIT '�� 1 t � r' TOWN OF/ BARNSTABLE i� BUILDING PERMIT PARCEL ID 009 004 GEOBAS { ID 21.9 ADDRESS . 4766 FALMOUTH ROAD (ROUTE r, t PHONE COTUIT ZIP LOT BLACK LOT SIZE DBA DEVELOPMENT DISTRICT CT PERMIT 65106 DESCRIPTION ONE BDRM APARTMENT ZBA 02002-56 PERMIT TYPE BAMNSTY TITLE AMNESTY APARTMENT CONTRACTORS: EDMUND LACEY Department of ARCHITECTS: Regulatory Services TOTAL FEES: $506.43 BOND $.00 tHE CONSTRUCTION COSTS $50, 176.00 434 RESID ADD/ALT/CONV 1 PRIVATE 0 * BARNgrABLE, MASS. 039. AFC MA'S A BUIL I DIVI O i BY DATE ISSUED 06/26/2005 EXPIRATION DATE I TOWN OF BARNSTABLE - BUILDING PERMIT , PARCEL- ID_ 009 004 ' GEOBASE ID 219 I. "ADDRESS_ 4766 FALMOUTH ROAD (ROUTEi ' PHONE ` COTUIT ,."4 ZIP LOT $LOCK LOT SIZE DBA } DEVELOPMENT DISTRICT CT PERMIT •85106 DESCRIPTION ONE BDRM APARTMENT ZBA 02002-56 PERMIT TYPE BAMNSTY TITLE AMNESTY APARTMENT I CONTRACTORS: EDMUND LACEY Department of ARCHITECTS: %Regulatory\Services TOTAL FEES: $506.43 i ✓ '' r k ' 0 BOND $.00 p1F CONSTRUCTION COSTS $50,176.00 434 RESID ADD/ALT/CONY 1 PRIVATE „0 i * BARNSTABM * > MASS. i 1639. BUIL I G DIVISIOI BY DATE ISSUED 06/28/2005 EXPIRATION DATE iz THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS`MUST-BE-RETAINED_ONTJOB AND WHEREr APPLICABLE SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS`CAR0 KEPT POSTED UNTIL FINAL INSPECTION ,PERMITS ,ARE: REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS_BEEN,MADE.WHERE A CERTIFICATE OF OCCU- (READY TO LATH). PANCYTIS REQUIRED,SUCH BUILDING SHALL NOT_BE_ ,ELECTRICAL,PLUMBING AND MECH= 3.INSULATION. OCCUPIED-UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL IN 4.FINAL INSPECTION BEFORE OCCUPANCY. - J POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION/APPROVALS PLUMBING INSPECTION APPROVALS ELECTRIC-:AL;INSPECTION``APPROVALS 2 2 2 i 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH -7 8l1a� db� _ OTHER: SITE PLAN REVIEW APPROVAL ZIA WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID-IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. C OTH 1110. C6 Ul 61q T. OF I TLoo e EK (� l 10/12/04 Tom, We now have the recorded Amnesty doc.s for 4766 Falmouth Road (attached). They have approved 2 affordable units and they say the property also has 2 legal apartments for a total of 4 units. Also see Jeff's 2/13/04 letter saying that the property is a single family residence. Are the other 2 units legal or did that use lapse? Unit A: 1 bedroom Unit B: 2 bedroom Unit C: 1 bedroom (affordable) Unit D: Studio (affordable) When I write to them re pulling a building permit, should the permit cover all 4 units or just the 2 affordable units? Lois o r - S ac 19107 P:9 1 94 `781 66 REGULATORY AGREEMENT OF w� AND DECLARATION OF RESTRICTIVE COVENANT'S mis F,EGULATO AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this \ 6 da of F+ ,2004,by and between Daniel Hostetter,JR of 30 Bittersweet Lane, Osterville,MA 02655, d its successors and assigns (hereinafter the "Owner"), and the TOWN OF BARNSTABLE (the"Municipality"),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of accessory apartment(s) which will be rented to a Low or Moderate Income Person/Family(hereinafter"Designated Affordable Unit"; and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN- A- The terms of this Agreement and Covenant regulate the property located at 4766 Falmouth Road, Cotuit,MA,as further described in Exhibit"A"hereto annexed. B. The Project located at 4766 Falmouth Road,Cotuit,MA will consist of a total of four(4) apartment unit(s),two of which will be rented to eligible low or moderate income individuals (the"Designated Affordable Unit(s)" or the"Unit"). C. The Owner agrees to construct the Project in accordance with the terms of the comprehensive permit, Appeal No.2004-56 and any plans submitted therewith and all applicable state,federal and municipal laws and regulations (A copy of the comprehensive permit is annexed hereto as Exhibit"B"). II. THE OWNER'S COVENANTS AMID RESPONSIBILITIES: A THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons of low income (herein defined as 80% or less of the median income of Barnstable- Yarmouth Metropolitan Statistical Area(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of Area Median Income or less of the Area Median Income (AM) of Barnstable-Yarmouth Metropolitan Statistical.Area(VISA) and that rent(including utilities) shall not exceed the rents established bythe Department of Housing and Urban Development(HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utilityallowance..established bythe Barnstable Housing Authorityshall be deducted from HUD's rent level 3. The Designated Affordable Unit will be retained as permanent,year round rental dwelling units with at least one-year leases. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instnunent to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. rt � i • 6• The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated bythis Agreement) or would materially adversely affect its financial condition. i B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development(HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established bythe Barnstable Housing Authorityshall be deducted fromHUD's rent level. 2• The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the.Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1• The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income(AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent(including utilities)shall not exceed the rents established by the Department of Housing and Urban Development(HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area.In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. V. RECORDING OF AGREEMENT Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto.with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement. 2 VI GOVERNING OF AGREEMENT: This Agreement shall be governed bythe laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,pan or provision of this Agreement shall not affect the validity of the remaining portions hereof. VHI. NOTICE: All notices to be given pursuant to this Agreement shall.be in writing and shall be deemed given when delivered b hand or when mailed b y y certified or registered mail,postage prepaid,return receipt requested,to the parties.hereto at the addresses set forth below,or to such other place as a parry may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorney's fees necessitated by such actions. X. ENTIRE UNDERSTANDING A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed bythe parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be,and bythese presents are,granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in Exhibit"A"hereto annexed and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipalityshall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in Exhibit"A". M. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein.. Such cancellation shall onlytake effect after. 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2)notification bythe Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case maybe,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the properly which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 XII. SUCCESSORS AND ASSIGNS: A The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner,and(1) shall bind the Owner,its successors.and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XHL DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification-to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred bythe Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent mayperfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Projector any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XY MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WIEREOF,we hereunto set our hands and seals this�day of A U IL/ 200'f-' OWNER BY: Signature Printed:- Daniel Hostetter,M TOWN OF STABLE BY, Signature Printed: ohn C. own Manage 4 COMMONWEALTH OF MASSACHUSETTS County of Bam table,ss: 2004 On this_® day of c (/(,I 2fore me,the undersigned notary public,personally appeared �j ,the Owne�r(s) ,proved to me through satisfactory evidence of identification,which were -4 C e S ,to be the person(s) whose name(s)is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. Printed: 40tiryptu-b' - Printed: My Commission Expires: • f . 02�� COMMONWEALTH OF MASSACHUSETTS Countyof Barnstable,ss: c — ,2004. On thiL�, Wv'n v-6 day of go& 204before me,the undersigned notarypubhc,personally.appeared ,bh n Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were Ag,,eggV A�#L ,to be the person whose name is signed on the preceding or attached document and acknowl ged to be that he/she signed it voluntarily for the stated purposes. Notary Public fi Printed: Gkl My Commission Expires: i 5 ...Frank-J. Pacitto . a declaration of ustee of the PACITTO FAMI Barnstable Count st dated July 1994 NOMINEE TRUST, under y. Registry of Deeds in Record Bo is recorded at the Record Book 9298 'Page 62 of 'Barnstable, Barnstable County, Massachusetts in consideration o5, 000. 00 • f $36 paid • a t EXHIBIT.,h.�•-- grant ° Daniel C. Hostetter, Jr. of. 30 Bittersweet Lane, Osterville, MA 02655 the land in Barnstable (Cotuit With quitrInint xnb.entttt#s ed as follows: . .1. Barnstable Count Y, Massachusetts, descri - A NORTHEASTERLY: ~ ro by Parcel T as shown -on plan hereinafter referred to m 161 .00 feet; r NORTHWESTERLY: ' � again shown on said plan, 151Al feet; vroq SOUTHWESTERLY: by land now or formerly of b 131 . 45 feet; and Herbert E. Johnson b SOUTHEASTERLY: a Route 28 et. of 146 .81 feet .shown on two courses a total distance ' of 4 The above .described premises • are shown on "Plan of Land i o . .Barnstable,-mass.-for Dora M. n Santuit, roe Februar p Nickerson Scale 1 inch = 40 feet, Mass . y� 1972 Ca e. Cod Survey .Consultants, Iyanough Road, Hyannis Said plan is on file at said Registry. in Plan Book 254 Page tD Said land is conveyed subject to, and with the of. record to then 6 . a� . extent the same are in force andnapplicablall matters e. v, The -within Grantor hereby certifies that: he is the sole trustee said trust; said -trust is in legal existence and. has not been amended; all of the beneficiaries are over the age of 21 years and are compet duly directed by all of the n 7' tv BAAN3fi�BlE. µF:j V 1 • MA96 g Town of Barnstable Zoning Board of Appeals EXHIBIT 16, cn Comprehensive Permit Decision and Notice Appeal 2002 56—Hostetter Applicant(s): Daniel Hostetter,Sr. Daniel Hostetter,Jr. Property Address: 4766 Falmouth Road,Cotuit,MA Assessor's Map/Parcel: Map 009 Parcel 004 Zoning: Residential F Groundwater Overlay: AP Aquifer Protection District M Applicant(s): The applicants are Daniel Hostetter, Sr. and Daniel Hostetter,Jr.,with a property address of;4766:X Falmouth Road, Cotuit,MA V Relief Requested: The applicants have applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts, Chapter 40B-5 20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre=existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonlytermed the "Accessory Affordable Housing Program" The applicants want to convert two existing un permitted/illegal apartments: (Unit q and(Unit D) within a multi-family dwelling into accessory affordable units in accordance with all the conditions of this permit. The issuance of this Comprehensive Permit would allow for two accessory affordable apartments within a multi-family residential dwelling. Locus and Background: The property is a .50 acre lot that is developed with a 5-bedroom,5-bathroom;4,302 square feet multi-family, Colonial style building. Mr.Hostetter,Jr. bought the property ten months ago. Mr.Hostetter,Sr.previously owned the building and was given a Special Pen-nit bythe Zoning Board of Appeals (Appeal# 1987-26) in 1987 "to allow an existing two-family structure to be converted to an office building." (The property had formerly been used as a restaurant and living quarters.). The permit allowed Mr.Hostetter,Sr.to convert a then non- conforming two-family vacant dwelling into an office building. When the restaurant closed,the area was made into a second apartment,after which.the property was used as a two-family dwelling. Mr.Hostetter,Sr.used the offices to manage development of contiguous lands into a residential subdivision. After five years,the Special Permit expired, and the property reverted back to single-family use. The property was sold in the early`90's,and the Hostetters recently bought the property back again. Within the last year,the applicants decided to convert the entire property into a four-unit apartment Building,and proceeded to create two unpermitted units to the building which already had two legal apartments. The Building Department became aware of the additional two units, and the Commissioner encouraged the Hostetters to a l for � PP Y Amnesty,after which the applicants.stepped forward.to participate in the Accessory Affordable Housing Program. The two proposed accessoryunits as well as the two legal apartments are all located inside one building comprising the multi-famil structure. Unit C is 550 square feet and is located in the rear of the building on the P g Y q � ground level. Unit D is 380 square feet and is located in the rear of the building on the second level The locus is in a Residential F,and AP-Aquifer Protection Overlay District. 1 Procedural Summary: This appeal was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A The hearing was opened on June 9,2004 at which time the Comprehensive Permit was granted. The Hearing Officer, Gail Nightingale presided over the public hearing. Also present were Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator. Findings as to Standing and The Comprehensive Permit: At the June 9,2004 hearing,the Hearing Officer made the following findings of fact: 1. The applicants are Daniel Hostetter,Sr. and Daniel Hostetter,Jr.,owners of property addressed at 4766 Falmouth Road,Cotuit Mr.Hostetter,Jr.has owned the property since September 18,2003,as documented and recorded at the Registry of Deeds in Book 9298,page 62. Mr.Hostetter,Jr.is requesting the Comprehensive Permit to convert two existing unpermitted apartments into accessory affordable rental units. The units are currently unoccupied.The applicants have submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting ownership of the property. In addition,they have submitted a certified plot plan dated July 2, 1992. 2. The applicants were issued a site approval letter dated May 3,2004 from Kevin Shea,Director,Office of Community&Economic Development,qualifying their application for the Accessory Affordable Housing Program. The source of the subsidyis the federal Community Development Block Grant'(CDBG) Proms 3. The proposed affordable rental units will be: a.. Unit C at 550 square feet. It is located in the rear of the building on the ground level;and b. Unit D at 380 square feet. It is located in the rear of the building on the second level. The units are inside one building along with the other two permitted apartments comprising the multi-family structure. They are located in a Colonial style building. 4. According to the Assessor's record,the building has a total of five bedrooms. The property has its own sewer/septic system that serves the multi-family structure. The site is within the AP—Aquifer Protection District. The Public Health Division has:verified.that the proposed property meets both the conditions of the State's Title V Environmental Code and local Board of Health requirements,plus, approved the septic system at the site for a total of five bedrooms as per the "Housing Amnesty/Public Health" Form dated March 31,2004. 5. The town of B arnstable completed an inspection of the property on March 12,2004. The following was noted: "Unit C" =- A cover plate is needed for the living room ceiling,a cover plate is needed on an electrical outlet in the kitchen,the bathroom shower needs repairing,and the apartment unit letter("Unit C") needs to be posted on the outside of the unit;"Unit D"— The second means of egress needs to be approved by the Budding Department,and the apartment unit letter("Unit D") needs to be posted on the outside of the unit. The applicants are aware that a final inspection by the Building Division will be required and that the Building Division also has to perform all necessary inspections to assure that the unit(s) meets applicable minimum state and local code requirements before they are issued an Amnesty Certificate of Participation. 6. On March 31, 2004,the applicants signed an Accessory Affordable Housing (Amnesty) Program Affidavit agreeing to comply with the program's requirements,and further agreeing to comply with the provisions set forth in Article LXV(65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement&Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicant as a "limited dividend organization" as that term is used under M.G.L.c.40B 20-23. 2 7. The applicants understand that the affordable unit(s)will be rented to individual(s) whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and further agrees that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD). 8. According to the Massachusetts Department of Housing and Community Development,as of September 4, 2003,5.11% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minimum under M.G.L.c.40B g§20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 9. Based upon the findings,the project is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings,the applicants,Daniel Hostetter, Sr. and Daniel Hostetter,Jr.are granted a Comprehensive Permit to permit the conversion of two pre-existing illegal accessory apartments (Unit C).of 550 square feet and(Unit D) of 380 square feet within a multi familyresidential dwelling,subject to the following conditions: 1. Occupancy of Unit C shall not exceed two people; and occupancy of Unit D shall not exceed one person. 2. The units shall not be occupied by a family member of the owners. 3. To meet the requirements of affordability,the applicants must rent the unit(s) to a person or familywhose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(VISA).,adjusted by household size. The monthly rent payable by a household inclusive of utilities shall not exceed 30% of the monthly household income of a household earning 80% of the median income,adjusted by household size. In the event that utilities are separ-atelymetered,the utility allowance established bythe town of Barnstable shall be deducted from rent level so calculated. 4. All leases shall have a minimum term of one year. 5. The property owners must obtain a building permit for the accessory affordable unit(s) whether the unit(s) are new or pre-existing. Before the issuance of an occupancy permit and Certificate of Compliance for the unit(s),the Building Commissioner must determine that the unit(s) conform with the approved plans as submitted to the file (as initialed by the ZBA Hearing Officer and submitted with the building permit application) and meets state building,fire and sanitarycodes. The unit(s) must also complywith applicable state on-site wastewater discharge requirements. 6. The applicants may select their own tenant(s)provided the tenant(s) meet all requirements of the program and provided that person(s) income is reviewed and approved by the Office of Community 8& Econ%omic Development of the town of Barnstable as a qualified,individual. The applicants.will be required to work with the town to provide information necessary to document that the tenant(s) qualify. To insure that the unit is rented in an open and fair basis to an income eligible individual or family,the . unit(s) must be listed with the town whenever a vacancy occurs. Also,the applicants must notify the Office of Community&Economic Development of a vacancy whenever it occurs. 7. Everytwelve months the applicants shall review the income eligibility of those individuals occupying the units. No later than a year from the date of issuance of this Comprehensive Permit the applicants shall file with the Office of Community&Economic Development of the town of Barnstable an annual affidavit 3 ' listing the rent charged and income level of the occupant(s) of the units. The applicants shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 8. The Accessory Affordable Units) shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. M 9. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the town of Barnstable shall be notified within 60 days the name and address of the new owner. 10. All parking for the dwelling and accessory unit(s)shall be accommodated on site. 11. This Comprehensive Permit must be exercised and the unit(s)occupied within 12 months of its issuance or it shall expire. Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code,the hearing officer transmitted her written decision to the Zoning Board of Appeals on June 9,2004, and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2004-56 has been granted with conditions. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B,Section 22. _ r • • :• G t.ndag htingale aringqficer Date Signed I, Hutche 'der,Clerk of the Town of Barnstable,Barnstable County,Massac us r 't at twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision`&&-0ha eal. e decision has been filed in th icp.�he Town Clerk „�`•,�N����•s, ©Signed and sealed this , Z of under the airs and en�tie"# � � P P. :. #er7�` Linda Hutchenrider,Town Clerk 4 4� Unit AA„ 32'-0" der'r13n 3'- 9�0°x I B" 8'd"x ecg" NWX44" � sw"xese" .ow"xet&" i m ; k z Bedroom Dining Room 4 k -8 2M ff e^Xe�e" ng I PLB"x®.."_ 81-101. 31 " 00,17 2-9" Living Room Kitchen Ca .4766 Falmouth Road G� y' Cofuit, Ma. rY1t'ri N noose S/c'd bSb'Orf' 1N3Wd073A3Q'033!W03 378d1SN6d8 WU26:OT b022,2T,130 i Unit " B 37=90' "1 0'. Sb'X iW 1P�•XSW"•I SV"X�8' 3'.h Aa' 0 N yQ N J access Bedroom #9 a to unit � Bedroom #2 „A„ a ~ pow aV w n ck ��d•row' Y a`1 2'-oust--a'- " Closet Living Room 'I Beth Ch is 2sp�, 1 r. N 4 e Kitchen 4 766 Falmouth Road CotUJt, Ma. 7� ■ I dY Q i a X 4 Dining Room m r S/E'd VSb'ON I-r �0""LN3WdO73A3Q-OZ�3/W.J 378biSk6ee WdEE:O I b062'Z T'i3O Unit "c it I v � C ®mm Bath 4 r i Laundry Kitchen 3.9" e M chanicai q � NRoom closat Iv a'.e"xeye asp".`.:a.. `A a j � k � � N I I I e I Bedroom i Living Room ail- . MEML 81_g„ ?2,,J1w � 27'-90" ' ,� 4766 Falmouth Road COtuit, Klass. S,'b'd bSb'ON iN3WdO73A3d'033/WOS 37ebiSN6b3 WdEE:OT V002'?I'i30 Unit T" 26,_Q„ I I Closet I I � P x Bath ' Studio ry 1 - e 4 �1 iI �' t I N d P Kitchen P I �..�.�4766 Falmouth Road y Cotuit, Mass. ' bSb'UN 1N3WdU-13A30'0�?3/WOD 3 18UiSN6 J8 WbEE:01 VOO2'C Z'i3O I Town of Barnstable Regulatory Services Thomas F.Geiler,Director 039..�A Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 February 13,2004 Jeffrey Lauzon Building Inspector Town of Barnstable Regulatory Services Building Division 200 Main St Hyannis,Ma 02061 Re: 4766 Falmouth Rd, Cotuit Dear Mr. Hostetter: It has been brought to the attention of this office that the above referenced residence has been converted to apartments. This is in violation of town zoning ordinances as the above residence is located in a RF district and is only allowed to be a single family residence. Additionally,the work done to the residence to form the apartments was done without obtaining the proper permits from this department. This letter shall serve as notice of violation. The above referenced residence must be returned to its original single family classification and all work done without proper permits be removed. You must contact this office and arrange for an inspection of the premise after such work is done. The deadline for these conditions to be completed is March 31, 2004. After March 31, 2004 if the above conditions are not met then you will be subject to fines of not more than $300.00 a day for zoning violations in addition to not more than $1,000.00 a day for building violations. I may be reached at(508) 862-4034 to schedule an inspection or to answer any questions. Thank you for your anticipated cooperation in this matter. Sincerely: Jeffrey L. Lauzon Building Inspector 03/23!2004 18:36 508-428-1974 HOSTETTER REALTY PAGE 01 HOSTETTER REALTY 770A Main Street Qsterville, MA 02655 Phone: (508) 420.0644 Fax: (508) 428-1974 To: d @,F'ax; 7.vU From: Z -- f Date: _3,.. e T ry Pages: including this page Re: L- - 0:3/23/2004 1 :36 508-428-2974 HCiSTETTER FEALTY PAGE 02 T. D. REALTY TR13ST 770A Main Street Osterville, MIA 02655 Phone: (508)420-0644 >F'aa: (508)428-1974 March 25, 2004 Paulette Theresa-McAuliffe Special Projects Coordinator Office of Community and Economic Development Town of Barnstable 367 Main Street Hyannis, MA 02601 Re; 4766 Falmouth Road, Cotuit,MA � Dear Paulette' This letter is a follow-up to our meeting on March 1.2, 2004. I understand that you were to discuss the possibilities that 4766 Falmouth.Road in Cotuit,MA would qualify for the"Town of Barnstable Apartment Amnesty PrograrW'with Tom Perry and Any. Bob Smith. I will be returning to Cape Cod on Tuesday,March 30, 2004, Is there a convenient time that we might meet or have a phone conversation regarding the above 7 Sincerely, � d Daniel C. Hostetter cc, Jetrrey L, Lauzon, Building Inspector Dcwjm °F tKE T°y, Town of Barnstable • snaxsrABM • 9�A , 3;9. � Office of Community and Economic Development rEDN1P�A 230 South Street,Hyannis,MA 02601 Kevin J.Shea Office: 862-4678 Fax: 862-4782 Director July 20,2004 Ms.Jane Wallis Gumble,Director Department of Housing and Community Development 100 Cambridge Street Suite 300 Boston,MA 02114 RE: Notice of Town of Barnstable's Accessory Affordable Housing Program Comprehensive Permits Dear Ms.Gumble: I am notifying your office that the Town of Barnstable has approved the following applicant(s) under the Chapter 40B Comprehensive Permit as part of the Accessory Affordable Housing Program. Marcelo T.Cerqueira,63 Louis Street,Hyannis—.a single-family accessory unit; Carol A Childs,546 Osterville-W.Barnstable Rd.,Marston Mills - a single-family accessoryunit; Daniel M.&Victoria Henson,475 Willow St.,W.Barnstable-a single-family accessory unit; Bruce&Joanne Bissett, 11 Shammas Lane,Marston Mills - a single-family unit;and Daniel Hostetter,4766 Falmouth Road,Cotuit- a multi-family apartment building. The permit(s)have been approved under the adopted General Ordinances of the Town of Barnstable,Article LXV-"Pre-existing&Unpermitted Dwelling Units." The source of the subsidy is the federal Community Development Block Grant(CDBG)program The units are subject to a regulatory agreement and Declaration of Restrictive Covenants,which require the units be affordable in perpetuityto person whose income is 80% of the area's median income. Please feel free to contact me if you have any question. 4Shea, mitted, ctor Office of Community Development cc: Toni Hall,DHCD Gail Nightingale,Hearing Officer Paulette Theresa-McAuliffe,Special Projects Coordinator John C.Klinun,Town Manager Ruth Weil,First Assistant Town Attorney Thomas McKean,Public Health Department Thomas Perry,Building Department File:Q:COMDev/PT/FUCPNOT.doc Z wweree�.• c CFl Town of Barnstable N Zoning Board of Appeals + cn Comprehensive Permit Decision and Notice o0 Appeal 2002-56—Hostetter Applicant(s): Daniel Hostetter,Sr. --- Daniel Hostetter,Jr. C Property Address: 4766 Falmouth Road,Cotuit,MA Assessor's Map/Parcel: Map 009 Parcel 004 Zoning: Residential F C Groundwater Overlay: AP Aquifer Protection District r" Applicant(s): The applicants are Daniel Hostetter, Sr. and Daniel Hostetter,Jr.,with a property address of 4766 Falmouth Road, Cotuit,MA Relief Requested: The applicants have applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts, Chapter 40B-5 20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre-existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonlytermed the "Accessory Affordable Housing Program." The applicants want to convert two existing un-permitted/illegal'apartments: (Unit Q and(Unit D) within a multi-family dwelling into accessory affordable units in accordance with all the conditions of this permit. The issuance of this Comprehensive Permit would allow for two accessory affordable apartments within a multi-family residential dwelling. Locus and Background:. The property is a .50 acre lot that is developed with a 5-bedroom,5-bathroom,4,302 square feet multi-family, Colonial style building. Mr.Hostetter,Jr.bought.the propertyten months ago. Mr.Hostetter,Sr.previously owned the building and was given a Special Permit bythe Zoning Board of Appeals (Appeal# 1987-26) in 1987 to allow an existing two-family structure to be converted to an office building." (The property had formerly k been used as a restaurant and living quarters). The pen-nit allowed Mr.Hostetter, Sr.to convert a then non- conforming two-family vacant dwelling into an office building. When the restaurant closed,the areawas made into a second apartment,after which,the propertywas used as a two-family dwelling. Mr.Hostetter,Sr.used the offices to manage development of contiguous lands into a residential subdivision. After five years,the Special Permit expired, and the property reverted back to single-family use. The property was sold in the early`90's,and the Hostetters recently bought the property back again. Within the last year,the applicants decided to convert the entire property into a four-unit apartment building,and proceeded to create,. two unpermitted units to the building which already had two legal apartments. The Building Department became aware of the additional two units, and the Commissioner encouraged.the Hostetters to apply for Amnesty, after which the applicants stepped forward to participate in the Accessory Affordable Housing Program The two proposed accessory units as well as the two legal apartments are all located inside one building comprising the multi-family structure. Unit C is 550 square feet and is located in the rear of the building on the ground level. Unit D is 380 square feet and is located in the rear of the building on the second level. The locus is in a Residential F,and AP-Aquifer Protection Overlay District. s Procedural Summary: This appeal was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40,4- The hearing was opened on June 9,2004 at which time the Comprehensive Permit was granted. The Hearing Officer, Gail Nightingale presided over the public hearing. Also present were Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator. Findings as to Standing and The Comprehensive Permit: At the June 9,2004 hearing,the Hearing Officer made the following findings of fact: 1. The applicants are Daniel Hostetter,Sr.,and Daniel Hostetter,Jr., owners of property addressed at 4766 Falmouth Road,Cotuit. Mr.Hostetter,Jr.has owned the property since September 18,2003,as documented and recorded at the Registry of Deeds in Book 9298,page 62. Mr.Hostetter,Jr.is requesting the Comprehensive Permit to convert two existing unpermitted apartments into accessory affordable rental units: The units are currently unoccupied.The applicants have submitted a copy of a certified deed recorded at the Barnstable Registry of.Deeds documenting ownership of the property. In addition,they have submitted a certified plot plan dated July 2, 1992. 2. The applicants were issued a site approval letter dated May 3,2004 from Kevin Shea,Director,Office of Community&Economic Development,qualifying their application-for the Accessory Affordable. Housing Program. The source of the subsidyis the federal Community Development Block Grant(CDBG) Proms 3. The proposed affordable rental units will be: a. Unit C at 550 square feet. It is located in the rear of the building on the ground level;and b. Unit D at 380 square feet. It is located in the rear of the building on the second level. The units are inside one building along with the other two permitted apartments comprising the multi-family structure. They are located in a Colonial style building. 4. According to the Assessor's record,the building has a total of five bedrooms. The property has its own sewer/septic system that serves the multi-family structure. The site is within the AP-Aquifer Protection District. The Public Health Division has:verified that the proposed property meets both the conditions of the State's Title V Environmental Code and local Board of Health requirements,plus, approved the septic system at the site for a total of five bedrooms as per the "Housing Amnesty/Public . Health"Form dated March 31,2004. 5. The town of Barnstable completed an inspection of the property on March 12,2004. The following was noted: "Unit C" — A cover.plate is needed for the living room ceiling,a cover plate is needed on an electrical outlet in the kitchen,the bathroom shower needs repairing,and the apartment unit letter("Unit 0) needs to be posted on the outside of the unit;"Unit D"-- The second-means of egress needs to be approved bythe� Building Department,and the apartment unit letter("Unit D") needs to be posted on the outside of the unit. The applicants are aware that a final inspection bythe Building Division will be required and that the Building Division also has to perform all necessary inspections to assure that the unit(s) meets applicable minimum state and local code requirements before they are issued an Amnesty Certificate of Participation. 6. On March 31,2004,the applicants signed an Accessory Affordable Housing (Amnesty Trogram Affidavit agreeing to comply with the program's requirements, and further agreeing to comply with.the provisions set forth in Article LXV(65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement &Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicant as a "limited dividend organization" as that term is used under M.G.L.c.40B 20-23. 2 7. The applicants understand that the affordable unit(s) will be rented to individual(s)whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and further agrees that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development 8. According to the Massachusetts Department of Housing and Community Development,as of September 4, 2003,5.11% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory nLnun»m under M.G.L.c.40B §5 20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 9. Based upon the findings,the project is deemed consistent with local needs because it adequately promotes + the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings,the applicants,Daniel Hostetter, Sr. and Daniel Hostetter,Jr.are granted a Comprehensive Permit to permit the conversion of two pre-existing illegal accessory apartments (Unit C) of 550. square feet and(Unit D) of 380 square feet within a multi-family residential dwelling,subject to the following conditions: 1. Occupancy of•Unit:C shall not exceed two people,and occupancy of Unit•D shall not exceed'one Person. 2. The units shall not be occupied by a family member of the owners. 3. To meet the requirements of affordability,the applicants must rent the unit(s)to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA), adjusted by household size. The monthly rent payable by a household inclusive of utilities shall not exceed 30% of the monthly household income of a household eaming 80% of the median income,adjusted by household size. In the event that utilities are separately metered,the utility allowance established by town of Bamstable shall be deducted from rent level so calculated. 4. All leases shall have a minimum term of one year. 5. The property owners must obtain a building permit for the accessory affordable unit(s)whether the unit(s) are new or pre-existing. Before the issuance of an occupancypermit and Certificate of Compliance for the unit(s),the Building Commissioner must determine that the unit(s) conform with the approved plans as submitted to the file (as initialed by the ZBA Hearing Officer and submitted with the building permit application) and meets state building,fire and sanitary codes. The unit(s) must also comply with applicable state on-site wastewater discharge requirements. 6. The applicants may select their own tenant(s) provided the tenant(s) meet all requirements of the program and provided that person(s) income is reviewed and approved by tile Office of Community& Economic Development of the town of Barnstable as a qualified individual. The.applicants will be required to work with the town to provide information necessaryto document that the tenant(s) qualify. To insure that the unit is rented in an open and fair basis to an income eligible individual or family,the unit(s) must be listed with the town whenever a vacancy occurs. Also,the applicants must notify the Office of Community&Economic Development of a vacancywhenever it occurs. 7. - Everytwelve months the applicants shall review the income eligibility of those individuals occupying the units. No later than a year from the date of issuance of this Comprehensive Permit the applicants shall file with the Office of Community&Economic Development of the town of Barnstable an annual affidavit 3 • 4 listing the rent charged and income level of the occupant(s) of the units. The applicants shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 8. The Accessory Affordable Unit(s) shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 9. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the propertyis transferred,the town of Barnstable shall be notified within 60 days the name and address of the new owner. 10. All parking for the dwelling and accessoryunit(s) shall be accommodated on site. 11. This Comprehensive Permit must be exercised and the unit(s)occupied within 12 months of its issuance or it shall expire. Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code,the hearing officer transmitted her written decision to the Zoning Board of Appeals on June 9,2004, and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taldng no action to reverse the decision,this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2004-56 has been granted with conditions. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk The applicant has the right to appeal this decision as outlined in MGLChapter 40B,Section 22. &g Gitc1a. ghtingale acing ficer Date Signed y; d1a I, Hutche 'der,Clerk of the Town of Barnstable,Barnstable County,Massalntis r" at this decision.Y 6tha eal to twenty(20) days have elapsed since the Zoning Board of Appeals filed � � � �� decision has been filed in th fic_e of-the Town Clerk • ' ������ Signed and sealed this /�� of )z, � 7 Lf underthe airs and eb�tieslerj };`lg L P P . a t Linda Hutchenrider,Town Clerk } 4 II °EZNE T°� The Town of Barnstable � r • BABNSTABM MAS& Office of Community and Economic Development 230 South Street Hyannis, MA 02601 Kevin Shea Off ce: 508-862-4678 Director Fax: 508-862-4782 March 31,2004 Mr.John C. Klim> Town Manager Gary R Brown,President Barnstable Town Council Barnstable Town Hall 367 Main Street Hyannis,MA 02601 Re: Carol A. Childs, 546 Osterville-W.Barnstable Road,Marstons Mills — a single-family accessory unit; and Daniel Hostetter,4766 Falmouth Road/Route 28, Cotuit— a'multi=family accessoryunit. Gentlemen: This letter is to inform you that the Accessory Affordable Housing (Amnesty) Program has received a request(s) for a project eligibility letter(s) under the Community Development Block Grant (CDBG) Fund and under the General Ordinances of the Town of Barnstable,Article LXV- Pre- existing &Unpermitted Dwellings and the Cxiteria for the Local Chapter 40B Program The Amnesty Program is reviewing the request(s). If the Town has any comments on the project(s), please forward them to me so that they can be addressed in the site approval letter. This letter gives _ you official notice of our receipt of the above application(s). We will issue a decision as to the acceptability of the site and the consistency of this development within the guidelines of CDBG. S' er , Kevin Shea,Director Community&Economic Development cc: Town Attorney's Office z':,Buildirig Department_ Public Health Department File:Q:CommDev/PT/AMS/REQLETTR.doc Barnstable Assessing Search Results Page 1 of 2 c%1 riJ 3 ;t4E r�-..�—�✓4 ,..,�„a,.,�.,�w,, `"k�' _ .,..... _ f?..mil Home: Departments:Assessors Division: Property Assessment Search Results 4766 FALMOUTH ROAD/RTE 28 Owner: PACITTO, FRANK J TRUSTEE Property Sketch Legend Map/Parcel/Parcel Extension 009 /004/ � A Mailing Address PACITTO, FRANK J TRUSTEE PACITTO FAMILY NOM TRUST h = 4766 FALMOUTH RD � x�6 COTUIT, MA. 02635 - - br. 2004 Assessed Values: Appraised Value Assessed Values + Building Value: $ 185,100 $ 185,100 Extra Features: $6,400 $6,400 Outbuildings: $0 $0 Land Value: $72,700 $72,700 Interactive Property Map: ap requires Plug in: Totals:$264,200 $264,200 1 have visited the maps before 1r�C�L �O Show Me The Map April 2001 photos available Sales History: Owner: Sale Date Book/Page: Sale Price: PACITTO, FRANK J TRUSTEE 7/15/1994 9298/067 $ 1 PACITTO, FRANK J TRUSTEE 11/15/1993 8882/176 $ 120,000 NATL CREDIT UNION ADM BOARD 9/15/1992 8207/168 $ 108,750 PHINNEY, NANCY M TRS 11/15/1990 7349/318 $200,000 BARN COMM FEDERAL CREDIT 11/15/1990 73491310 $ 168,000 LARGAY, CHRISTINA B TRS 1/15/1990 7032/167 $250 CAPE HARBOR DEV CORP 8/15/1987 5879/195 $ 1 HOSTETTER, DANIEL C& 8/15/1986 5230/332 $ 119,500 QUEEN,ANN A P58768 $0 QUEEN,ANN A 41A 4497/257 $0 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $ 1,746.36 Town Fire District Rates Other Rates 6.61 Barnstable 2.01 Land Bank 3%of Town Tax http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing/... 4/8/2004 Barnstable Assessing Search Results Page 2 of 2 Cotuit FD Tax $401.58 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $52.39 Hyannis 2.03 West Barnstable 1.36 Total: $2,200.33 Due to rounding differences these values may vary Land and Building Information Land Building Lot Size(Acres) 0.5 Year Built 1720 Appraised Value $72,700 Living Area 2601 Assessed Value $72,700 Replacement Cost $231,376 Depreciation 20 Building Value 185,100 Construction Details Style Colonial Interior Floors CarpetHardwood Model Residential Interior Walls Plastered Drywall Grade Custom Minus Heat Fuel Gas Stories 2 Stories Heat Type Hot Water Exterior Walls Wood Shingle AC Type Central Roof Structure Gable/Hip Bedrooms 5 Bedrooms Roof Cover Wood Shingle Bathrooms 2 Bathrooms Total Rooms 10 Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL2 Fireplace 1 $2,400 $2,400 -APTX- _ Extra Apartmt- 1 $4,000 $4,000 Property 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 (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) http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing/... 4/8/2004 01/31e'1995 16:12 915087906230 PAGE 02 16WN OF $A.RNSTAr LENgR TOWN CLERK NSTAB(,E. MASS. zoning Board of Appeals FOX RUN REALTY TRUST 'A7 JUN 10 AM 9 07 ..............._.__�.._..,..._.._�. _._..., ...... Deed duly recorded in the ropertF Droner County Registry of Deeds in Book ............ ............ SAME .................».....................W........._.._...__..... .. ... _:_...�.... pings ......Itegistrti Petitioner District n1 the Laud Court Certificate No. ......._.............. .............._....... Book ........... Page ._.............. Appeal No. 1987.... ........_. 19 FAOTS and DnisroN Petitioner FOX RUN REALTY TRUST _.. _ ..._....._.._ ...___. ,...,......_.._.........W._..._............ _..„.......... filed petition oz 19 requesting a variance-permit for premises at .,.,.,4766 Route Z8 ..............._.. in the village San t ui t {sr«ey.................................._._.,.....,., of -----__---— . °- _Y.... ._�. ., adjoining premises of ___...... (see attached list) Locus under oohsideration: Barnstable Asseosor's )L t ....................9 ap no. ct no. .4............... Petition for Special Permit: fl Application for Variance: Q made under Sec. ................. ...._ of the Town of Barnstable Zoningby-laws and Sec. ._........_.—_..........................,............................................_....................... Chapter 40A.. Mass. Caen. Laws .for, the purpose of ._....Co allow an existing two-family.s ruccu.r„g to an office .building _.......�._._......_r ..,......._..._...__.__.._._.._._._ - ................. ..................................._........__................ Locus is presently coned w............_.,.._.......__..................R�................................................................................................................. Notioe of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Barnstable patriot newspaper published is Town of Barnstable a copy -of tvltich is attached to the record of these proceedings i0ed with To ii Cjer;- A public hearing by the Board of Appeals of the 'Town of Barnstable -kva� held at the Town Office Building, Eyanris, Mass,, At .,._._$.isl!] ��?: ...................,... upon said petition under ionitlg bp_lavus' Present at the hearing were the follolring memhem: , ................Ric..................hard L_................hoy Gail Nightingale...__ .. .............._._ Ronald JanF&on Chairman ...._..............._......._..., Dexter bliss Luke P. Lall 01/31/1995 16: 12 915087906230 PAGE 03 At the aonolusiorl of the hearing, the Board took said petition under advisenient. A view of the locus wt;e made by the Board. Appeal No. 1987-26 2 3 Page _._.._, ...,., of ------ On May ZB, . -- •----------•••••• --. -•.•••• _. 19 _.87 _., The Board of Appeal& found Attorney Michael. Ford represented the petitioner, Daniel Hostetter, who is requesting a Special Perutit under Section c, Para �alB and Section P, par. G, to convert an existing non-conforming two-family/ we ng in to a small office building located on V 66 Route 28, Santuit - said parcel contains 21,367 square feet and is located in an RF zoning district. The premises and structure were used in the early 195Os as a restaurant and living quarters. The restaurant use was discontinued on or about 1956 at which time that portion of the building which had been utilized for restaurant purposes was converted to an additional dwelling unit; since that time it has always been used as a two-family dwelling. The petitioner has submitted plans for the proposed use which will be offices In which Mr. Hostetter intends to coordinate the development of adjacent lands which are presently being developed for a residential subdivision. The renovated structure contains 2,795 square feet of usable office space which under the pro- visions of Section S of Town of Barnstable Zoning By-law requires one space per 300 square feet of office space or 9.3 vehicles, the petitioner has provided ten parking spaces in accordance with a Plan filed by Boston Survey Consultants; as proposed includes seven (7) spaces along the drive, two (2) spaces in front of the garage and one (1) handicapped space. Additionally, the petitioner has filed an extensive planting plan to provide for significant land 0caping improvements on the site. Other than structural and aesthetic upgrading/fRe interior remodeling, there are no expansions of the structure -• the footprint of the building remains substan- tially the same as that previously existed. Dexter Bliss made a finding that there several persons, including the Building In who testified that the property was used as a two-family dwelling, which is E non-conforming use in this zoning district, that there was an affidavit sub- mitted indicating its use as a restaurant';. Also find that that. use as offices for a single occupant would not be more detrimental than the use as a restaurant or multi--family dwelling - Ron ,lansson seconded the findings 1' --- - Clerk of the Ton'n of Barnstable, Barnstable ('oubty, Wassaehusetts, hereby certify that tweMT�' i 20) days have rlapseu since the Dvartl of Appeals rendered its decision in the above entitlPd rrtition And that un apppnl of said decision has been filed in the office of the Town Clerk, Si r-ned and Sealed this .............. daY of ................................ under the pains and retmities of perjury- Distribution;--• Property 0lrtiet• Town Clerk ........... ...... -.._ .---........_...........__.`..._......, )�,)ard of Appeals • �1ppuCanL '1'mti•11 of Barn.Persons interested Iluilding Inspector Public Irformation ll.. Iinard of Appeals Chairman -�~y-W.�--- ^- 01/31/1995 16: 12 915087906230 PAGE 04 At the aonolusion of the hearing, the Board took said petition under advibement. A view of the looua wqs made by the Board, Appeal No 1987-26 � 3 Page ............_ of On May 28, 19 .....87., The Board of Appeals found Ron Janason stated that based upon the findings he would make a motion. to grant the petitioner a special permit with the following conditions: The building to be as it is built with no further expansions whatsoever; That the building may only be used for office purposes for one company, one organization; people be That no more than Geven (7)/ employeed in the building; The Special Permit granted expire five years from the date of this Boards$ approval with the understanding that at the expiration of the five-year period, the building and property revert back to its current permitted residential use, onlyr { Dexter Bliss/aeda°e�dfietcorwi l on that the petitioner not use the premises as a sales office for his residential development; To be no activity after 8:00 p.m., nor before r3:Op a.m.,/consistentlwith The Board voted unanimously to grant the Special Permit with the conditions imposed above. Clerk of the 7.own of Barristable, Barnstable Cuuaty, Massachusetts, hereby certif, that twenty (20) days have elapsed since the Board of Apjx!als rendered its decision in the abnve entitled petition nn(l tbAt no anneal of said derision has been filed in the office of the Town Clerk. Signed and Sealed this _.:..Q...,.._ ._, dn;r of -•--...1`„!Q.Y. .r. ,�..�(3,,._.......... 1y 4�__, under the pains and j)enalties of perjury. Distribution 1'roperty Owner Town �.Clerk _.._.._..... .. ..._.....,......._........_...... A,,aril of Appt als AppplipL cant Thine) of Bar Persons interested huildino Inspector _ Public Iafortaation 1tti l;nflrd of Appeals Chairman mm THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) I M /\c(, DATA NA E„ppF OFFEND+ i TOWN OF ADORE�SS F ER '_ _ 1172 BARNSTABLE CITY•STAT,RIP CO ... '. ' MVIMB REGISTRATION NUMBER IIANKSI'API.f: OFFENSE,- ,•:' �,fr/! - / / //'16AS.5. 4g r irk( ;,,;�Jr :r�,.f •'l .J. , CL LU TIME AND A E OF VIOLA NOTICE OF .�". y, LOCATION OF Vl�ILATION z / P.M VIOLATION SIGNATURE DF ENFORCING PEflSON ENFORCING DEPT. BADGE N0. LLJ 2 co Q OF TOWN `^ o I HEREBY ACKNOWLEDGE RECEIPT OF_CITATION XCL ~ w ; ORDINANCE Unable to obtairgsignature of o(fender,,- THE NONCRIMINAL FINE FOR THIS OFFENSE IS S! ;'�;:; OR LU YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPITON(1)OR OPTION(2)WILL OPERATE AS A FINAL LU ' DISPOSITION WITH NO RESULTING CRIMINAL RECORD. REGULATION III 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, LQ before:The Barnstable LU Town Clerk,367 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. ' a . lZI If you desire to contest this matter in a noncriminal pproceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT, FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Att:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. 131 If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determi hearing to be due,criminal complaint may be issued against you. ned at the ❑ I HEREBY ELECT the first option above;confess to the offense charged,and enclose payment in the amount of$ Signature i Assessor's offioe (1st floor): - ,CFTNETo Assessor's map and lot number .....�®... ..... ....Y..... Board of Health (3rd floor): Sewage Permit numberr m '.................... .�. ':..:.. Z SAWSTODLE. i Engineering Department (3rd floor): n Apo rb 9 House number . '� Cv .. s' 3 e APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only TOWN OF BARNSTABLE 'BUILDING INSPECTOR APPLICATION FOR-PERMIT TO ..........�--s� I���/ '��ST/ �. / i�r ......................................... ......................... ... ........................... TYPE OF CONSTRUCTION .......... ��. �j :.................................................................................. r ..........191� TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the followiiAngg information: Location ` �(p �C�v7 �� ����� a`�' ....................................................................... ..........�v......................e........................ .... .. ........................... Proposed Use ......./ !rJP << ... �9!YI/ ... ....................................................................t Zoning District .............� .it; ...............................................Fire District ....�� r................................................... Name of Owner //.! 1�1��.. ,5,71i!1.r.�,f.....................Address ..• �41 .e�?e!> ...... ...../„��P!......��f A Name of Builder ......A40..... ...............Address .��`,l�oJ.. l� !�i� �l� 4s, Nameof Architect ..................................................................Address ............./....................................................................... Numberof Rooms ................. .............................................Foundation .....f.�"/�Git -....................................................... Exterior ...... i1%Cf ....�ht GIs Roofing ........1 ? 4 : Floors 1//PW................................................................Interior Heating .....f..��..�......t....... :.'...............................Plumbing ................4a.-.`- .................................................. Fireplace .. ....... ij//�L;..............................................Approximate Cost ..... 1�'p. ......................................... Definitive Plan Approved by Planning Board ______________________________19________ . Area Diagram of Lot and Building with Dimensions Fee ..�� �' ..... .............`>:............ SUBJECT TO APPROVAL OF BOARD OF HEALTH f OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations.of'the Town of Barnstable regarding the above construction. Name ........///,` h G .F+� Construction Supervisor's License ...ioe�..�2,2............. _ HOSTETTER, DANIEL A=009-004 .i No 30128 Permit for Remodel DWellin€; Single Family g................ Dwelling ; ........................... .l ..................Mou" � Location 4766 Route..28..............:......................... - ..........................Sant.....uit .,...... ....................................... Owner ......Daniel...Hostetter......................... Type of Construction ......ETAW9......................... ............................................................................ Plot ............................ Lot ................................ r a Permit Granted ..........November 3, 19 86 . . ............... . t Date of Inspection ....................................19 Date Completed .................19 s MAR. 9.E004 9:49AM BARNSTABLE COM/ECO.DEVELOPMENT NO.066 P.1i3 Town of Barnstable,,:=,, t}I yARN9lA6Y.S� 11. r,kta 1 Ti,DLE Office of ComminWity and Economic Development 367 Main Street H i J,. "iN�� •� yarinis,MA 02641 " Kevin J.Shea Office, 862.4695 Fax: 862-4782 Diredw FAX COVER SHEET Date: 3 l 0@)� o COMPANY: Time: ATTN. TO: r" Fax: �t� CJ 2 3, Phone: FROM: I �� V FAX: 1-508 8624782 Phone:1-508 862-4678; 81624683 Number of Pages Including cover sheet MESSAGE: r i ply fox:47"F ALMOCI'1.'li ROAIMTE 29 A,fiIP7D. 009/004111 B ik 1 Card t of i 7'ri►;t Bute:03f�SI2004 09:24. Psiour ID.-22s 00ter ID: --- :_ FACRITO�l �claTSc°`0FO FAMILY NMI TRUST 0 �0' 0 8®I fri 7b6 BAL0tOT1Tli BD S LILY 10I0 Z�D3,MA a-_ 2191 PIMRL-F ax Dust 200 Lm Ct0 P > Lific Estate WSIONf � L I Modes: m L2 o SIA 229 222,10D X22,100 - N ACITt'O,I+BANK d'Fli[ISt'FEC � 9Z9S/0G7 07l15119 U I 1 A Yr_ Cade Aaaesaed ira6�s 1S: Cadde e9asv_ssmd Fedue Yr. Cadde Raaexred E'exhs,: ACFI'1�, RdTRUglgg SSS2/176 L1/IS1►993 U I 12D,000 L 2082 1010 41,300 1 1910 41,300 DO 1010 2Z,�0 ATLCR DW SON AEI SMI I68 091"WI 92 U I 108,750 L 20 1010 180,508 11018 IS0,900 DO 1010 143,000 ffi< EYLyM1gq 73491315 1I1151199D U i Z00,00 L COt w FEDERAL C.REDI'F 7349t 310 I1t151199D U I 16S,000 L Y,CHRi9 FII�;AB'i� MN 167 O1J15f1990 U I 2% 8 ToetuL• 2221OD Tend: S222D0 iTalai 18550D Dwg CollecfarorAssegsor evw7e� rors�[ ee 8' Q� r :.-YearAmoum (,off Dom" "ouz I►+&wab,ea Araoaeaf CoArro_Ixl w Appraised Bldg.Value(Lund) 178,20D wAppraised Appraised"(B)Value(Bldg) 2 t1D OB Q Va lue(Bldg) s w (Bldg) 1,3D0 Toterk - - Land Value SpocigLandValue UU "FM STMY$GT~ CDR1tBC1TA.._". Total Appraised Catd Value 22Z,100 Total Appraised Pamel Value 222,1DD Valuadim)I nd= CastfDbFWvaneadam wco et Total Appraised pareel Value 222,100 Q,�:_.�:_:_:._�:�.._.-,:;.;:_-._ ._r. .-�_:-<<::- .;_•:., ...: .... A�oeaat � �c perine® ]me life B3012S lUll1986 AD move0 co REIVIOIP WIV1987 ADf E cr m v m 89 Use Code " Descr' eus 7Aw D mw Ukatr Ua!lP0708 L FaLlar.S[L G Fmcfar NMvE 1 1010 ioD1eIFeo► ftm IN 2 1 0.50 AC 150b00t?.00 UOD 5 lAD eacc 0.55 CIJiS%UiO)NgUj5:10I 4L,300 tY cl F ff f1 _ Tofed Card Laad C' OSO A pm,,,dT.%WLaadAreo. 0.50 AC Toda[Taaad f' 61f300 a PmFe,Y Lawfi s:4766 FAL.MOUTH HOAWRTR 28 11I�lP ID- IrQ91 OD4l!1 "ID: Bldg!J: 1. Card I of 1 Prir+t Date:03I8M04 09 VaionIDi:229 Elenrenr Cd CIL Comma rlialDsaaMweesrrs TYPE! lolmodial. Elamew Cd Ch. D-m*aa- mModd 1 idrmtissl at&AfC 24 Cn(iiadeDeatDmUrade Flame.Type stories d FiiS p imptlVall GAR 2 tLtiFxeenm-WaltI welodshimillf CosmswnAVOi y all Iis�gJet ,�Mafstt .Ww 3 eUID 6 98 Z Roof Caves 0 'ood sLiffi e _ _ 14 _. . _ _ Lpiac Wall 1 aatered t ork acrar 2 rywaD Floor I 4 et 1- 1 OAS 2 l2 estod IoDrAdj a2ioa Fuel %Mfecrofunits 94 atirS Type I umber a1levels 20 14 FB®tbrooms FiJS Full olal Rowns l0 A B®mns Fa[tm 093376 8 g 2 E ae(�Ieodeyc 1Z5 a-B2dh type --1 Styes ' &ass Rams 70.03 . j ldg�ralueNe�v �. 34 W ear Bet 1720 Year Built (0m)1905 —----- ---- -- -- Pisy-3 Deg YS L' mecnlObdoc p - Erode n _ _ Oond_Code (_ 1010 5hVvFavP 100 oclOand% vesall°.6 Coad. � W I Bldg Value 17A200 CE _ Cr 09 1 L/B flmb (Tait Prase Bw lit 96C3r4 Ap,.cr T alas m FlL,Z Fireldsce B 1 M00.001985 1 100 2,600 F Q 6 Code lleaeripJaar+ _ LivmrArea Wr=Area I Eff Area CWtCaat U -rabw 6 BAS First Floor 1,246 1,246 7OA3 67,257 C6 B6II' RasementArem 0 952 1.90 1338 FHS Framstmy 403 576 403 49.69 29,222 FD5 Upper SbM 952 952 952 70.03 66i669 Q GAR At&Wbad Garage 0 576 202 24.55 2 M46 E n r. it a .e �lJet itA2 Z943 Rtda C/nlr 203MO: I MNUA Ak� W �i r �..b.triL I. ���y ,, ,i L.flLl y sty � � �����i ���p � arril:iMi�•' ��,lnf •t:� , � lt. t� 9t:. 1fl�Lid�.� ,�}iV�__.IIde�►... al Y 3/2/04 ............ ... r , a 4 4766 Falmouth Rd . , Cotuit /2/0 _0 .... ..... AN . .. .f� r I3/2/04 4766 Falmouth - Rd . , Cotuit .................. ..... ..... I 1 I I 1 t I )8)775.6201 WEDNESDAY, FEBRUARY 4,2004 i I ,a E � ae E 3t 1 43 a ' � tG,krriay taRaG coil�rs�avrtin dd� r kbc� y For A Complete tut.of P.y's�,r�s5ed'aefs,peg�se continue on throueh the entire see icm. CapecodCLASSIF1EC}:(1�ift i 445 Sales Help 450 Home Sharing 712 Houses Yearly 725 Domestic Autos 94b SALES: Are you ambitious DENNIS S:3 bedroom,2 bath BREWSTER:Yr round,3 bed 1996 FORD: Taurus GL, 1 dinner and experienced in sales? avail now.yoursgg child OK, room, 2 bath, loft, sunken owner, 72K, $3595 CCAS rst be' Fast growing plumbing & $6001mo+ 508-385-8287 livingg room,center fireplace, (506)775.115.5 it Yr heating wholesaler seeks'a full%sement$1375+ chant self-starter to join their sales POCASSET: $600lmo, in- 1508)5831226 199E PONTIAC: Transport, rd re- team, Benefit package, in- cludes utilities lakefront. 85K, PW1PL cassette ster- clutling 401k,will train.Re- oo, new brakas, 7"OD Chef, Call 508.564-4026 DENNISPORT: 1 Bedroom, er,runs greal,$6000 B0, t pD ph to 90X 760, c/o Cape near beaches, no ppeets, g 02633 Cod Times, 319 Main St., $875/moa 506-780.3642. call(508)759.1755 4 Hyannis,MA 02501 ROOMS to Rant 715 m. Classic Autos 945 YARMOUTH, W: For 1, all POCASSET: 3 bedroom, 2 Work Wanted 460 privileges, tivasher/dryer. bath, laketront $140D/mo. fTLI $100Jwk 508-790.3646 (508)564-4026 1989 BMW:625CSI Classic 2 1 I Il Re-Roofing.Siding,Doors doer coupe,excellent condl- &Windows,Minor Carpentry 7q tion, complete history, gar- l iii ICt 500 685 3806 A artments r 20 YARMOUTH:2 bedroom,wa- aged.$9500 ( ) p terview,clean&gdlet avail (43)AB 508-737-1970 1 nary BOURNE:Monument each 1 now $1000/mo. F ldet Business oppe$UnitieS 505. bedroo ch. No �II 360-.382^ vans 950 lading Pe' ekingg, / erred. FREE FREE FREE 8'scour , bit Cape Rentals 734 "Unique Licensed Golf IS- lease.50t3-176-3441 p 1992 e l Safari.4.3t v6, ,Quage trlbutrship. Inventory p R[E MT, +n: Ski. Snow 7 seaticargo, Runs Greats cinder ohase for customer base a �+ $950.A#t.50&280-3744. quired.Earn$25-50/hr A .COTUIT: Convenient Studio, hoe or snowmobile out fng. nowt Ken 508.580.5512 1&3 bedroom Units,$800- our door. Studio condo $1400. 508-420-OW vail,by the wkend,week or Tracks 955 3tion month.Ca I Ken at Condominiums 6 508 775-5113 1988 CHEYY 510, black, I ;ign edroom, Standard, ggood bodyy with brand new furnished cap,B 0.(508)428%85 HYANNIS:Cape Crossroads,2 $10001mo includes. No Parts&Accessories 920 le; bedroom 2 bath_Very nice etsl non smoking. 1st floor unit.$164,900 Call p 508 524 4041 1989 FORD: Ranger. V6, aa.us Owner(509)778.4253 ( ) RIMS&TIRES:Sport Fox 2 auto 4WD, extended cab, 3tPt O 17x7 rims, dontcp Sport excellent condition. Has Land 640 HARWICH: 3 bedroom, 1 tires,all are brand new,6esi hitch & bedliner, Very little station for ford attern 5-108 42664 bath.Non WT, king,no ppets. pp rust New exhaust&h2kes. $i4001mo.5D8 430 a252. $60nd(508)778-6273 Runs excellent.. ._...$2800. FALMOUTH/WAOUOIT:Nearly _ 774-212-0615 23 prime acres surrounded tNTED by conservation lands Waq HARWICH: Yr round stadia, Import Autos 935 Autos Wanted 975 uoit Bayy nearby, f�luftipl0 nice area,kitchen,full bath, m and uses. $1,700,000 (=75,000 $200/wk includes all utilities 1989 HONOR:q�Accord LX, >rence acre}LeRoy WplaoogF & cable TV. Call 508 320 auto1ns All 5$1995 Junk cars&trick,..��sa __ v ' z 'd 1686 02*1 SOS amoj uostje 0013J0 rues eL2 :01 tP0 S0 Qa� Alison A. Lowe Attorney at Law P.O.Box 124 Cotuit.,MA 0263 5-0 1 24 Fax Cover Sheet DATE: 2/5104 TIME: 9:10 AM TO: Jeff Lauzon PHONE: FAX: 790-6230 FROM: Alison A. Lowe, Esq. PHONE: 508-420-5437 FAX: 508-420-9891 RE: COTUIT APARTMENTS—Agent offered to show them this morning. Number of pages including cover sheet: 2 The information contained in this facsimile message is sent by an attorney or his/her agent,and is intended only for the use of individuals or entities to which it is addressed and may contain information that is privileged and confidential,the disclosure of which is prohibited by law. if the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. IF YOU DO NOT RECEIVE ALL PAGES OF THIS TRANSMISSION,OR IF YOU HAVE ANY OTHER PROBLEMS IN RECEIVING THIS TRANSMISSION,PLEASE TELEPHONE US AT THE ABOVE NUMBER IMMEDIATELY. x T 'd i6B6 OZb 80S amoj uosile aotj,}o Mel e9Z :0i b0 So qaj f Barnstable Assessing Search Results Page 1 of 2 :�1�Arc7:4"1',0.4LE: t ,� � •'.x` �� s��� .>—..,..' _� �� ., Home: Departments:Assessors Division: Property Assessment Search Results E-W- - 4766 FALMOUTH ROAD/RTE 28 Owner: PACITTO, FRANK J TRUSTEE Property Sketch Legend Map/Parcel/Parcel Extension 009 /004/ a • r Vie• Mailing Address _-� . . PACITTO, FRANK J TRUSTEE PACITTO FAMILY NOM TRUST. 4766 FALMOUTH RD � � COTUIT, MA.02635 ' 2004 Assessed Values " Appraised Value Assessed Value � � x Building Value: $ 185,100 $ 185,100 Extra Features: $6,400 $6,400 Outbuildings: $0 $0 ' Land Value: $72,700 $72,700 Interactive Property Map: Map requires Plug in: Totals:$264,200 $264,200 1 have visited the maps before } Show Me The Map April 2001 photos available e I Sales History: Owner: Sale Date Book/Page: Sale Price: PACITTO, FRANK J TRUSTEE 7/15/1994 9298/067 $ 1 PACITTO, FRANK J TRUSTEE 11/15/1993 8882/ 176 $ 120,000 NATL CREDIT UNION ADM BOARD 9/15/1992 8207/ 168 $ 108,750 PHINNEY, NANCY M TRS 11/15/1990 7349/318 $200,000 BARN COMM FEDERAL CREDIT 11/15/1990 7349/310 $ 168,000 LARGAY, CHRISTINA B TRS 1/15/1990 7032/167 $250 CAPE HARBOR DEV CORP 8/15/1987 5879/195 $ 1 HOSTETTER, DANIEL C& 8/15/19,86 5230/332 $ 119,500 QUEEN,ANN A P58768 $0 QUEEN,ANN A 41A 4497/257 $0 2004 Tax Information: Tax Rates: (per $1,000 of valuation) Town Tax $ 1,746.36 Town Fire District Rates Other Rates http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing/A... 2/5/2004 Barnstable Assessing Search Results Page 2 of 2 6.61 Barnstable 2.01 Land Bank 3%of Town Tax Cotuit FD Tax $401.58 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $52.39 Hyannis 2.03 West Barnstable 1.56 Total: $2,200.33 Due to rounding differences these values may vary Land and Building Information Land Building Lot Size(Acres) 0.5 Year Built 1720 Appraised Value $72,700 Living Area 2601 Assessed Value $72,700 Replacement Cost$231,376 Depreciation 20 Building Value 185,100 Construction Details Style Colonial Interior Floors CarpetHardwood Model Residential Interior Walls PlasteredDrywall Grade Custom Minus Heat Fuel Gas Stories 2 Stories Heat Type Hot Water Exterior Walls Wood Shingle AC Type Central Roof Structure Gable/Hip Bedrooms 5 Bedrooms Roof Cover Wood Shingle Bathrooms 2 Bathrooms Total Rooms 10 Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL2 Fireplace 1 $2,400 $.2,400 APTX Extra Apartmt 1 $4,000 $4,000 Property 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(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) http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeS ervices/Finance/Assessing/A.... 2/5/2004 I w -.41 ZO �� •Town.of arn� stable B zoning-Board of. Appeals R: Decision and Notice •0 3 [Eb 16 G?U, ;3 Conditional use Special Permit -.Home-Occupation -; Appeal No. 1993-70 Summary: Granted with Conditions ` Appeal No. 1993-70 r Applicant/Owner Frank and Susan Pacitto ,Of Pacitto Realty •Trust Addresse 510 Willow street 'Ext., W. Barnstable MA,' Property Location: 4766 Falmouth Road [Rte. 28], Cotuit MA, . 02635 �. Assessor's Map/Parcel, 009-004 Zoning: RF - Residential F District Overlay District: GP -- Groundwater Protection - Applicant's Request: . Section 3-1.4(3) (A), -Special Permit - conditional Use;. . Home Occupation Activity Request: To operate an artist studio and work shop Procedural Provisions: _Section 5-3.3 Special Permit BACKGROUND INFORMATION: This decision concerns the request of the applicants for a-special permit, for a home occupation, in regard.to an artist studio and work shop for the production and sale of custom beaded jewelry, including jewelry supplies, books and for small group lessons.- The request was made in accordance with Section 3-1.4(3) (A) , Conditional use -Home occupation of the zoning ordinance. The lot is identifie&on Assessor Map ,009, Lot -004, -commonly addressed as 4766 Falmouth Road [Rte. 28], Cotuit, 'MA. . According to the assessor's records, the parcel''contains- 0.50 acres and a contains a two story.single family-dwelling with 'a gross area of °2,774 The Structure has most recently-been utilized as a real estate office under Special Permit 1987-26, granted in May, 1987. That special Permit had an expiration period of five"years which required that the property would revert back to' single family use. k Procedural Summary:", The -application was filed in the office=of the Town Clerk and. at the .Zoning Board of Appeals office on November 04, 1993. A public hearing, duly noticed: under' M.G.L. Chapter, 40-A was opened, closed and a decision rendered by the Board on December 02, .1993'. - The petition was heard.by Board Members; Ron ; . Jansson, Dexter B1iss,, Emmett'Glynn,, Robert Thorne-and Chairman, -Richard Boy. .: The applicant, Mr. Pacitto represented himself before the Board and explained* ' the intent of his proposal was to provide space in the home for his daughter ' to conduct her business of jewelry making and to hold small classes for L conditional Use Special Permit - HomeFOccupatioa Appeal No. 1993-70 n instruction in the making of. jewelry: . The classes, would=be for four to six people. 5 According to plans submitted; one room will be for a private office<for his daughters exclusive use as her work area, another room would be for retail sales of jewelry and a third room would. be utilized for class instructions. of the total area utilized, only 400 sq.ft. . would be publicly accessible. As. Pacitto would restrict herself to the 400 sq.ft. . limitations of the ordinance by excluding her private office and bathroom as not being used as part of the - special Permit. The proposal has..been before site plan review and the comments of the committee were submitted,to., the files.. " The public was- asked to comment and Robert Johnson; an abutter, noted -that he ' � had no objections to the 'proposal. Finding of Fact: 7 „ Based upon the evidence submitted and testimony given, at the public hearing of Appeal 1993-70'' the Zoning Board of Appeals unanimously finds, as follows 1 The property is located along Route 28, a well traveled road and is- zoned RF which allows conditional use of home occupation. ,. a 2 In the past, the building and site were used for office purposes ,and the layout and site developed lends itself to this use. „ 3 The primary use will .be residential and the home occupation use is r clearly incidental and subordinate to the residential 'use of the property. ' 4 Not more than one non,-resident,-is to.-be employed on the property. 5 The proposed home occupation use does-not;contain `more .than 400 sq ft:'. ' of the dwelling, as the bathroom and office illustrated on the plan ar`e.'` -- for private.use only and'not for public use. 6 There being no -change in the outside appearance of the:building, ' the structure 'arid siteare not being rendered objectionable or'detrimental to the neighborhood. 7 There will be no"excess traffic generated. The site plan, has been: approved that all parking will be held on site. Conclusion: ,. Accordingly based,-upon .the findings, a motion was' duly made and ,seconded that, g. P , Appeal No." 1993-70 be granted in,-accordance with Section 3.-1.4'(3) (A) , conditional use .= Home occupation of the Zoning,•ordinance, as_ ,sought and with the following conditions: s 1 That petitioner comply with all requirements set forth in Site Plan Review approval issued by Building commissioner specifically that:' I Conditional use Special Permit .- Home Occupation Appeal No. 1993-70 7 , "The private well should=be "tested. . . "No hazardous materials shall be• utilized without the 'approval of the Health Department.~ "' 2 The petitioner shall at all -times comply-with all terms and conditions of Section 3-1.4 (3) (A), 3 The petitioner shall comply with the conditions imposed by letter of the Cotuit Fire Department; dated November 30, 1993 that states; "Within 30 days of opening, a fire inspection shall be conducted'to survey the occupancy for'potential •hazards. Recommendations may be made at that time for -the placement of fire extinguishers, ,exit signs, or other safety related devices w "If compressed flammable gases are to"be used'for the production of jewelry or other crafts, 'they shall be used and stored in a manner ' consistent with current laws/regulations. Within 7 days, of opening, a plan for the use and .storage of said gases shall be 'developed and implemented." The vote was as follows: Ayer Ron Jansson, Dexter Bliss, Emmett Glynn, Robert Thorne' and' Chairman, :.;y Richard Boy Nay: None Order: Appeal No 1993-70 has been granted a Home Occupation special Permit with ' Conditions. Appeals of this decision, if' any,:` shall be made pursuant to MGL Chapter 40A, Section 17, and shall be filed within twenty ,(20) 'days after the date of the filing of ,this decision in the office of the .Town Clerk. y '. ,. ,i is ,�'` e,.•} _ y ,. 4. , is ^ .. ._ r • _ c Any Person aggrieved b Superior Court, as described decision may appeal to the Barnstable General Laws of the Co ia. Section 17 of Chapter 40A of the mmonuealth of Massachusetts by the action within twenty days after the decision boa office of the Town Clerk. - been tiled in the Chairman . . ... Barnstable Coun • Clerk of the Town. of Barnstable. . Massac setts, hereby certif have elapsed since the Board of Y that tweet . above entitled petition. and that y (20) days Appeals rendered its decision in the tiled in the office 'a no aPPea1 of said decision has been f the Town Clark. Signed and Sealed. this. ' .+ _ "' - pains and penaltias of perjury. day of 191� ' under °the ` pisstributioni rty • F Towne Clark n Applicant C� Town Clark Persons 'Incernacad Building Inspector Public Infor=cioa 4 Board at Appeals PAR: ROU9 019. PAR: RUOS 0170 PAR: R009 C'20. KEY: 231O TAX CODE:200 KEY: 2302 TAX CODE:200 KEY: 2339. `TAA 'CODE : 200 BARRETT. JOSEPH R' JR & ,ANNE AGOSTON.' STEVEN J SYLVIA• EVELYN• dUX 44 PU BOX 1770 « 4741 ROUTE -28 ' CUTUIT MA 02635-0000 CUTUIT MA 02635-0000 SANTUIT ,' MA, 02635-000U PAR: R009 011 .OU4 -PAR:- RUGS 022. ' PAR: R009 CO2. KEY : •390464 TAX CODE_:`200 KEY: 2357._ TAX CODE [UO KEY: 2119 TAX CODE:200 w" a (LLOWdEND DEVELOPMENT CORP HALLETTr HALTER' S JR HARTEL. PAUL J TRS g . 1ARY. LYONS. CECELIA HALLETT A. PETERS. WILLIAM 6 JR THE" GREEN COMPANY' 'INC a BOX 195 r r F `'p 9, H TRUST; ".:_ fi} 46 .GLEN AVENUE COTUIT MA 02635-0000 "ROUTE- 28 NEWTON MA. 02159-0000 MASHPEE MA' 02649-000G PAR:. . RU09 'CO3. PAR: R009 031. ' , PAR: R010 001.OU1° KEY: , :2188 TAX CODE: 200 KEY: Y2384 • TAX CODE :200 - �.. KEY:• °3547.16 TAX , CODE:2UU JOHNSON, OLIVE 'M_. a CAtiRAL. .R08ERT L & GORMAN. JEFFREY . :el . 326 CUNCORD AVE ''CAdRAL. PATRICIA , A, * � 26 GURMAN PATH CA`MdRIDGE MA. 02138-0000 4748 FALMOUTH RD RTE 28 MARSTONS MILLS MA' 0264&-000U COTUIT MA 026.35-000U PAR. A010 %%CU1 .002 ' PAR: rRGI G OUS. � ' , `PAR: R010n 002. Kr 354.725 TAX CODE: 200 'KEY: 2473- TAX :CODE:200 KEY: ,446 TAX CODE:200 CAMPANA. ROBERT L 4 NANCY C. FRAZIER#, R08ERT A'LCOTT MANAGEMENT CO 216 MAIN ST 33 LINCOLN AVE ATTN: WILL'IAM F" ROMMEL _. 6AYLAND MA 01778-0000 BUZZARDS 8AY -MA 02532-000b 1 WARREN WAY PROVIDENCE RIJ2907-000C F' PAR: R011) CU3. PAR: R01C -004. Q � KEY: 2455 TAX CODE: 200 KEY: 24o4 TAX CODE:200 4726 FALMOUTH ROAD. INC 4726 FALMUUTH ROADP INC P U dUX 309 P U BUX 309 r_ CENTER�VILLE HA 02632-0000 CthTERVILLE MA 4263[-000G ti is LEGAL NOTICES TOWN OF BARNSTABLE y ;ZONING BOARD OF APPEALS. at MEETING OF DECEMBER 02, 1993 NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE , To all persons deemed interested or of- fcctcd by the Board of Appeals,under Sec. I 1 of Chap.40A of General Laws of the Commonwealth of Massachusetts and all amendments thereto,you are Hereby notified that: APPEAL NO: 1993-70 7:30 P.M. Frank and Susan Pacitto for Pacitto Re- ally Trust has appealed to the Barnstable Zoning Board of Appeals for Home Occupation Special Permit under Sec- tion 3-1.4(3)(A)of the Zoning Ordi- nance.to permit an artist studio and work shop for production and sale'of custom beaded jewelry,including jewelry sup- plies and book sales and for small group lessons withintheexistingdwelling.The property is located at'Assessor's Map 009,Parcel b04,commonly led addres. 4_. a., 4766 Falmouth Road(Route 28),Cotuit, MA 02635 in an RF,Residential P Zon- ing District and a GP,Groundwater Pro- tection Overlay District. A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 7:30 P.M. APPEAL NO:1993-71 7:45 P.M. Dennis Konary has appealed to the Sam. stable Zoning Board of Appeals for a Special Permit under Section 4.4.2 of the Zoning Ordinance, Change of a Non- conforming Use,to permit a noncon- forming lot to be re-configured. The property is located at Assessor`s Map 036, Parcel 046 and will affect Parcel 007. The locus is commonly addressed as 737 Main Street,Cotuit,MA 02635 in an RF,Residential F Zoning District and a WP,Well Protection Overlay District. A PUBLIC HEARINGW ILL BE HELD ON THIS APPEAL AT 7.45 P.M. APPEAL NO.1993-72 7:50 P.M. Dennis Konary has petitioned the Barn- stable Zoning Board of Appeals for a Variance to Section 3-1.4(5)of the Zon- ing Ordinance,Bulk Regulations,Mini- mum Lot Frontage of 150 feet to permit a lot with 20 feet of fron .The property is located at Assessors Map 036,Parcel 007 and will affect Parcel 046.The locus is commonly addressed as 737 Main Street, Cotuit, MA 02635 in an RF, Residential F Zoning District and a WP, Well Protection Overlay District. A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 7:50 P.M. APPEAL NO.1.993-73 8:15 P.M. Real Property Services,Inc.'have peti- tioned the Barnstable-Zoning Board of + Appeals for a Variance to Section 3- 1.5(5) of the Zoning.Ordinance, Bulk Regulations,Minimum Lot Frontage of 150 to permit nine(9)lots to exist with less than the minimum. The nine lots in question in this petition are located.at Assessoes•Mapo09.Parcels 1-2.1-3,1- 4,1-5,176,I4,14,1-9and 1-l0all front on Route 28;Cotuit,MA 02633 in an RF, Residential F Zoning District and a GP and WP,Groundwater and Well Protec- 6on Overlay Districts. A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 8:15 P.M. These hearings will be held in the'Second Floor Hearing Room,New Town.Hall, r 367 Main Street, Hyannis, Massachu- settson Thursday evening,December02,. 1993. RICHARD L.BOY,CHAIRMAN ZONING BOARD OF APPEALS The Barnstable Patriot 18&November 25.1993 ii- .:::::.................................................... .....fix...:::.. 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S LSO A STRING F LARGE I O G :: BEADS. :ii::;i>;>:< :•::.:I HAVE P S KEN T> '' `.. - ....: i'':. O O SUSAN AND SHE > ?A S RED ME W ::a::::>:::::::::::i::i::i::i: :::i::i::i::i...........::i::>i::i::i::i::-.. i::i:: ... ....:::i::i::i::>;::i::ii..,. % SU SHE OULD N T FLY iii::i::I"::::i::i:>:::i. X. O fi::::::::::::i:::::iii iii iii:::::::iiiiii::ii: iii::::ii iii:%::::>.:::::i::i::::::::::%:::: i::ii::i i:' : ::: :iiii::iii:>:::i::::>:iii:<:i:::::::::::i::<:: i s:: i::>ii »i:.:.........iiii>:FLAGS. NOT TR E.------ :: :::::: ii: U SHE HAS >>-' CONTINUED .WHEN I INF RMED H :is>::>:::i:>««<:>::>>a::>>ia::>: :ii:<:i:::i::i::i:««:i::«<:«<:: :>:ii::i:>::«:: :::i::i: » >WO LD HAVE T GIV E E TI KET :iii::i::i::is>:>:>:::i::::i::i:::::i::i::i:: i:::;:i::is:i::i...%.:::::::::i::i::>::i; ::i::i::ii::ii i i::ii::>::: O G C ,SHE > » ADVIS ED MET D W :::::.:i::: i:>:i::i::ii::i::i::i::i::i::i:....................:i::i::>::i:::;:i::: ::::i::i: :. ::>::::: >::i::>i:<:>i::::i::i::i::i::i::i::i::i::i::i::<::«::>:<::<:::::i::::::i::::::«::<:::i::i:__..... O O HATHAVE T D ::i>ii::::::>::::»:><:::: O O AN D HE WI S LL DO THE SAME. I HA VE AVE :?>> ::ISSUED TICKET C T 41172. :i::i::i::: ::i:::::::::.....::::::.. i i i.....:::::.:..... »::>::>::::::>::::>::>::>::>;:;:<:::: >::i::::> :i::iii:::::>:>:>::>:<>::>:«::::« »%::::>::>::;::<:::::<i i i:;:i:;:::>:::<:>::::»:: «<iii> V.d.t....... »::>:.....:::i;.....-:<:<;: »>::>::>::> :. :««iiiiiii::::::i::i: :: i>iii::::>:::>:::::i::i.:i.::.::i i i i:::::<:::ii::;::;i.;:.::i::i:::::>::<:::i j QUERY PROPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 07/31/96 PARCEL ID 009 004 GEO ID 219 LOT/BLOCK DBA PROPERTY ADDRESS OWNER PACITTO 4766 FALMOUTH RD/RTE. 28 FRANK J TRUST PACITTO FAMILY NOM TRUST Cotuit 4766 FALMOUTH RD COTUIT MA 02635 PHONE DISTRICT CT DEVELOPMENT STATUS C ASSESSOR' S CODE CAPACITY(NOTES) ZONING DIST/ZOC RF SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? # BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 21780 OPER/MGR NAME WET LANDS MULT ADDRESS USE 101 (N) EXT / (P) REVIOUS / NO (T) ES / PER(M) ITS / (V) IOLATIONS / (G) EOBASE / (E) XIT Stave Permit # -'0 U IUate TOWN OF BARNSTABLE FEE 0 DAH39TUL i .� Mum. MASSACHUSETTS 0 MAY Solid Fuel Stove Permit DATE OF APPLICATION .... �................................................ ......... MW DEPT. ISSUING PERMIT 1AWOZ, .. ........ NAME (owner) R t9 ��� . ...�. .......................... NAME (Installer) © � � ........................ ............................ . ADDRESS ............ ......... ...........64 ..t�� ...........4�.4l.-ILADDRESS ...................................................... ..................... ......... ..................... c(r►viw STOVE TYPE ..........I,��a.:ra:.................................................. ....... CHIMNEY: NEW �� EXISTING....... .......... Manufacturer � ' C= r t CHIMNEY: Masonry.......................................................... ........ ...................... ........................................................... Mass. Approval ............................ ....................................................................... CHIMNEY: Metal This is to certify that the above installer has permission to install a solid fuel burning/appliauce at the listed address in accordance with an application on file with the ......................: ►"'v:a 7... ?.! .,.:.. `Department, and subject to the provisions of.the Commonwealth of Massachusetts State Building Code and regulations made under the authority thereof.: IssuedB .........................Title .,..... ..... Dat.e f 1 .y: ........ .......................... .. Permit to install expires 60 days after issue date Stove ... ............................................................................ .�......�.............................. StoveClearance .......CYO...,:. ........................:.............:...........................................................:.................................................:....................................................:.......................................... Floor ..................:.:...................:.................................:............................................:....................... ........................... ...................................................................... SmokePipe ............ ............ .................................................... ............................... SmokePipe Clearance ......................................................................:...........................................................................................:.............................................................. . ..................... Chimney ........................... .. .... ..................................................................................................................................................................................................................................................... Smoke Detector .....:................ ...............................:.......................................... ............................................ The undersigned hereby certifies that the installation solid fuel burning stove and equipment made under au- thority of permit dated ....................................................... has been made in accordance with provisions of the Commonwealth of Massachusetts State Building Code now currently in effect and pertaining thereto .......:.041bP1.................................... Installer INSTALLATION APPROVED ... ��... /at� ........:........... By:,. ....... ...........: ..� .. ................................. Title t... .... !.. WHITE: FIRE DEPARTMENT- CANARY: BUILDING INSPECTOR - PINK: APPLICANT L cc� MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING (Print or TAe)QILY�C,►7Tb L . Mass. Date 19 Permit #r7 7 Building Location t(1 Cy Owner's Name apor l '�dZA Type of Occupancy_ New 1K Renovation ❑ Replacement ❑ Plans Submitted: Yes ❑ No FIXTURES z Z N = X Q N h- iA J V7 O z 2 W W W Y J N Q V V) O C7 ¢ ¢ 0 Z N < ¢ ¢ = H Z O Z a O �+ — W Y Z — ¢ U< 4. W c -Z UZ ¢ m - < O 7 ¢ < W ¢ Q W - o ¢ o W = < 2 3 3 O = _' # Y a. G r Q Y '[ W LL le W i = Z O O N = Z iu 3 Y. m N O O J 3 = H N W C> > ,� Q 3 C: m O SUB—BSMT. BASEMENT 1ST FLOOR 2N0 FLOOR 3RDFLOOR 4TM FLOOR STM FLOOR 6TN FLOOR 7THFLOOR STM FLOOR ++ +�+ Installing Company Name SNOW'S PT.TTMRTNG & HEATING. Check one: Certificate Address P.O. BOX 39 ❑ Corporation W. RARNSTARLE-MA 02668 ❑ Partnership Business Telephone 362-9111 C$ Firm/Co. Name of Licensed Plumber Christopher Snow INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which moets the requirements of MGL Ch. 142. Yes 2 No ❑ If you have checked yes, please indicate the type coverage by checking the appropriate box. A liability insurance policy CR , Other type of indemnity ❑ Bond C OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Owner ❑ Agent ❑ Signature of Owner or Owner's Agent I hereby certify that all of the details and information I have submitted or entered)in above application are true and accurate to the best of my knowledge and that all plumbing work and installations perfo n r the permit issued for this application will n compliance with all pertinent provisions of the Massachusetts State Plumbing r f nerld Lao. BY ignature of cen r Title Type of License: Master[X Journeyman❑ City/Town 10 7 0 5 U NL License Number J / �,�� i 1 ��v Co u I d nod' Lv c a-.'e ()q Ct o 41- o�K s 1 s h P.d 1 e his/9� MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO GASFITTING (Print or Type) d TOWN OF BARNSTABLE 0 Date `lr 19� - _ Hyannis. Massachusetts ; Permit t �y Building ,, 11 CtJ � c Owner's �r�� � AT: Location `-i' a c'1 Name �G I4 Type of Occupancy: R e-S 1 a-e'/ 'e- New Renovation ❑ Replacement❑ Plans Submitted Yes ❑ No ❑ a a c e ac o r u ►- H s H � J q W F V ` } o z 0 i a N aC W Z t! = C n W < W F t! F =rt W > IL� � Z < W < : ►- r ss O z n z O M s C S O O Y ; O <O J V e > p a H O sus—asMT. BASEMENT taT FLOOR 2ND FLOOR s11D FLOOR 4TN FLOOR STN FLOOR STN FLOOR ,. TTN FLOOR STN FLOOR (Print or Type) Colonial Gas Co. Check One: Certificate Installing Company Name El Corp. Address 127 White's Path ❑prtnershi_ _ South Yarmouth, MA 02664` ❑Firm/Company _ Business Telephone 50$1 3y4-9$�'j name of Licensed Plumber or Gasfitter F. L. Putnam, Jr. 2157 1 hereby euNfy dot aU of the detalb and Inte mstiea 1 bore submitted(or entered)In above appliestion m bus and aeasrato to on but of my knowldsa sad that all plembby work and brrasaltau perfonad seder hrmit bad(at thin spplleatbn ww bo In @ompft sa whirs@ peaaast prowwons or tha Massachusetts stab Ces Dade MA chapter 143 at an General taw&, 1 have informed the owner or his agent that i do not have liability Insurance including completed operations coverage. Signature of Owner/Agent I have a current liability insurance policy to include completed operations coverage. Yes By TYPE LICENS . Punier Title Gasfitter Signatyre of Licensed City/Town: Master PlMir or Gasfitter APPROVED!OFFICE USE ONLY) Journeyman License Number A r' BELOW FOR OFFICE USE ONLY FINAL INSPECTION SKETCHES PROGRESS INSPECTION -' � FEE N0. APPLICATION FOR PERMIT TO DO GASFITTING NAME 3 TYPE OF BUILDING e 511Y2h/' LOCATION OF BUILDING PLUMBER OR GASFITTER ' +. � .....frr.r ++.e+wr.n.a-..�vY. i+l ._ f�.M...�.+c%+-e Y.. ...•r�. .ci'+rM...,.i .yy.:. aw N+!n. r •. . � .: LIC. NO. ' ... " P•'+� l'.w.�.u..f,.::Rrr.^.s.^.M.e.. Y- .. ..rtMa=�.- .. n4..,s^ ✓ w PERMIT GRANTED DATE 19 T - :.c»rauae:S.z��+ua..s...w.;x.-nr.. .. .:...a A:•,x;zae;:,...wv.. :,. ..,.,2s....y�W n.^r•tr,., �.. � _`� �. � � w J GAS INSPECTOR TOWN OF BARNSTABLE f GAS PERMIT PARCEL ID 009 004 GEOBASE ID 219 ADDRESS 4766 ROUTE 28 PHONE Cotuit ZIP - } LOT BLOCK LOT SIZE k DBA DEVELOPMENT DISTRICT CT ; t PERMIT 4965 DESCRIPTION 1WH 1DR k PERMIT TYPE BGASA TITLE GAS PERMIT ALT/ADDITION CONTRACTORS: COLONIAL GAS COMPANY ARCHITECTS: TOTAL FEES: $15.00 i BOND $.00 CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE E. OWNER PACITTO, FRANK J TRUST F ADDRESS PACITTO FAMILY NOM TRUST 4766 FALMOUTH RD COTUIT MA r DATE ISSUED 06/12/1995 EXPIRATION DATE ° r Department of Health, Safety and Environmental Services �114E tpw �v tiO * BARNSTABLE, .9 MASS. $► 1639. ♦� Ar�p Mp►y b � F i BUILp N D,VISI N � BY J GENERAL.DOC REVISED 4/26/95 I Unit « Unit "C" 2°d Floor (over unit Ift) 1st Floor (under unit D) _ 28'-0" on 26=07 _ t 0. • '_S. N L LO Bath _ Closet _ ommon CO N Cn Kitchen = aundry I ............... i 5- 0 - 3 s" • G�� t tM.-chanical V b p Closet L � o Bath 10 rn Room L -' � ;? Studio tv rn rr.rr r-r,rr ro.rrco = r- / L N - b x +1 3'2 5-4 `'4 low L 3 _ 2 8 jj N s O � i s Living Room Bedroom g ' 6 Kitchen Cs .« 8%6" 27=�o' —• 26-0 EC c ' P t Unit «B» y, Unit "A" a 1' .Floor (under unit A) . 2IIa Floor (over unit B) 32-0» 31-10 3-11" 5-11" ' T..3» 6'-0» . w 4-9' S-3' 6-8' 7-5' 4-3' 3-6" 5-6 3-5 rr,sr rr.it rr.rr rr.rr rr,.r { ram'r� ram'rr s rr:rr- e F Cn rr,rr600 to Bedroom #1 .: to un Bedroom #2 II N b t S A .r Bedroom �, Dining Room. # , r_ •p rr,rr ,r. sr,rr N f) 4 31'-6" - 3.8 2" rr,r• . rrr er ti • i = i = a� 840 Closet 4 Living Room `° Bath 31� 1o.00»r CY V. , i ITcr '�Ct eo to Living Room Kitchen CO CA iJ O Kitchen . '� 4766 Falmouth Road Cotuit, Ma. _ 0 Dining Room i SMOKE DETECTORS REVIEWED iv R BL BUILDING DEPT. DATE i 15,E L q _ m FIRE DEPARTMENT DATE B-OTH SIGNATURES ARE REQUIRED FOR PERMITTING : . Unit «B» Unit "A"' 1" .Floor (under unit A). 2nd Floor (over unit B) 3210" 31-10' 3-11 S11" 7-3" - 6'-0" _ _ 4'-g• 5-3' 6-8' 7-5' .4-3 3-6, 5'6" 315". sr,rr rr.it zr.rr ar,rr rr,rr w I = r0 a ram' 14ra r� I N tp N N � - (per, ' ■ Cl) o 1 co ` b Bedroom #9 C4 to un C4Bedroom #2 a i to ® ~ r e e I CIO Bedroom L Dining Room N § L 10-10' 16'10" _31r-6" -8 e->r r•r • 2-11 w cioSet ry 2-0'�`-3- o rr,e••e. ra-:r a- V j ' r . h : 11-o" ' U" I' 8-10" �' c Closet Room 311 1o.00"r N Living Ro Bath , o) 9-1 h 4-3" 12-T L 4 ■ Living Room Kitchen t ti .I �. I Kitchen o 4766 Falmouth Road ` Cotuit, Ma. _ d 16-10" Ilk Xz Room IMPORTANT - UPGRADE REQUIRED SMOKE DETECTORS I Room : ` _ y� Q ED REVIEWED STATE B{�DIfSG C0 • gw"E UPGRADING OF L_.__ l� J I" SMOKE DETECTORS FOR THE ENTIRE DWELLING WHEN B S E BUILDING DEPT. Y)d5 I ONE OR MORE SLEEPING AREAS ARE ADDED OR CREATED. DATE cv � , NOTE: A SEPARATE PER1gFr >S REQUIRED FOR THE INSTALLATION OF SMOKE DETECTORS-THE ELECTRICAL FIRE DEPARTMENT'c PERMIT DOES NOT SATISFY THIS.REQUIREMENT,. . DATE BOTH SIGNATURES ARE REQUIRED,FOR PERMITTING 1 Unit " ' Unit "C" 2°d Floor (over unit V) l" Floor (under unit D) 28-O qr on 26_o„ 1 : 6 N s q Closet BathCO ommon . N M Kitchen aundry ' ...............� 5=90" 9- 3 g• , tM chanical 1V rr,rr Closet ro,rrco = n _ �Room ath % Studio L V /��/ , l . 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LIVING I 4'W4'TREATED POST EXISTING ROOM FOUNDATION WALLI WITH METAL POST W GRAD �o a ' co cs 46' ANCHOR BOLT •k.A. 12"POURED CONCRETE. F- (WITH TAPERED BOTTOM.) }} 0 F� t%j V W W a. .:g1,... V 0 Y;::,..:: .... cu DETAIL o a a 4"CONCRET SLAB 4 %O n V' PROPOSED STAIR STAIR FRAMING PLAN DATE:6/8/17 SCALE: 3/16"=1' SHEET P-1