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0500 HUCKINS NECK ROAD
• e - o ft c i i i a d Q c2a- .r a TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION _ A— lull Y Map Parcel 0 �a a Application# _I Health Division Date Issued (0 Zy Conservation Division m Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH — Preservation/ Hyannis Project Street Address ��O 0 A)e cl Err►a?�L S E Village _f?n �E r_�e Owner Co ��nn ,m p 1r\IA Address `-COO Telephone O � y Permit Request � �`i-F I'i ` U� �, (CJ �� - yam,, a� Square feet: 1 st floor: existing Xproposed 2nd floor: existing 1960 proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuatio4 ,b00 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.) ! db Basement Unfinished Area (sq.ft) / QO Number of Baths: Full: existing__ new Half: existing new Number of Bedrooms: A existing _new Total Room Count (not including baths): existing vZ new_C First Floor Room Count Heat Type and Fuel: 2-G- as ❑.Oil ❑ Electric ❑ Other Central Air: ❑Yes Flo Fireplaces: Existing 2New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ®"existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes 0'Nut/0 If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION A f (BUILDER OR HOMEOWNER) -- Name ^ AOA Telephone Number 0 y r Il Address `�C��j � c I.t y,S Aj3ec/,_ License # �� a r sz Ni Qc �— Home Improvement Contractor# Email As Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO ACl r�,s��l T r L O A pi i f SIGNAT RE DATE __ r� FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION 4 FIREPLACE i ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. Yie Comuz'omvealth of-Massachusetts Departrrreart r�,f£xrt us&ia1 Accidexds Off-ce,of£maestigadens . f 600 Wasttulgtorl Sft-�Pet , = Baston,CIA 02111 y fl wn-mass..goYIdia '"rarliers' Campensatian Insurance Affidavit-B:mlder-lContracturs/EIectricians/Plumbers Applicant Information Please Print Leaillly AfYit?(BssfOganIIationlIndiciduat}: C.L°,F'. )Oven r �^ p Address: -C' 6 Ay&L h 1 C r Ji City/statefzip= Phont 4 Are you an employer:'Check the appropriate bo=: Type of project(required)- 1. 4. I am a general contractor and I❑ I am a employer sixth. ❑employees(full andlor part-time* Have hire.the sub-contractors 6_ E]New consfruciim 2.❑ I am a sole propnetbr or partner- listed on the attached sheet. 7_ ❑Remodeling slip and have no employees. These sob-contrac#ors have g- .Q Demolition working far me in any capacity`_ employees and have workers' [No workers'comp.insurance comp-insurant�l g. ❑Building addition. ed] 5. ❑ ,We.are a corporation and its 10-0 Electrical repairs.or additions ' I Ltl am a homeoumer doing all work officers have exercised their, 1 L EI Plumbing repairs or additions sel£ o workers' t of exemgti4n per MGL' �' � - 1?.❑Rnofrepairs ino ancerequired_]i c.152, §1(4),andwe have no employees-[No workers' 13_❑Other comp.insurance required-I! •tYaysppficxntt atcherlsbox#imastalsofillcutthesectioabeiawshowi giheirworterecompensaioupolicyinformsrion- Homeatuners who submit this dEdat•u in&-t--%they are doing all woak and then him outside contractors mnst submit a new affidavit indicating SudL TC'oatrsctors that-beck this box mast attached sa additional sibeet showing the name of the sub-cciitrsctors and state whether ar not those entities bane employees.If the sub-conttectmshave employees,they aistpm-pide their workers'comp.policy nuoiber_ I am art Hotow is thegaUcy and jab suet it forazation, Insurance Company Name: Policy sir Self-ins.I ic_ Expiration Date: Job Site Address: City/stawzip: Attach a copy of the workers'comipensatiGi Lpolicy�declaration page(;Showing the policy number and expiration date). Failure to secure coverage as requireq under Section 25A of MGL c- 157 can lead to-the imposition of criminal penalties of a fine up to$1,500 Oa anNor one-year imprisonment:as well as civil penalties.in the form of a STOP WORK ORDER and a fime of up to$250-00 a day against the-violator. Be adcased that a copy of this statement may be forwarded to the Office of It-estgatians ofthe DIA for insurance coverage yerffication_ I do h artl rauder the pains p�rz � s afpet�axy thattltze iizformation prmzrlerl abmw fs tnw and correct Si e_ ( I}ate: Phone t3•, i al use early.,Do not write in thb area,to be cornpietesd by city artown o,fj`zciat City or Town: Per rn iff1kense if Issuing Authority(ChxIe one): 1.Board of$ealth 2.Budding Department 3.CitylTown Clerk 4:Electrical Inspector 5.Plumbing Fnspectar 6.Other Contact Person: Phone it: I� P Lafo rm ation andfastrncfions M ssaaIrmetts Gdue al Laws chapter I52 requiresall employers to provideworirers'compensation for their employe p �this stye,an�Iayr�is deed as."_.eve y person in the service of another U.der any contract of hire, express or implied,oral or written_" An Mayer is deed as"an individual,partnership,assocraiZon:corporation or.other Legg entidy,or any two or more of the foregoing engaged in.a joint mteTprise,and incinding the legal representatives of a deceased employer,or the receiver or trustee of an mdividnal,partamship,association or otherlegal entity,employing employees. However the owner of a_dwelling horse having not more than three apartments and who resides therein,or the occapant ofthe - dwelling house of another who employs persons to do maiu an ce,construction or repair work.on such dwelling house or on.the grounds or building appT rr enaatthi-mto shall notbecanse of such employment be deemed to be an employer." MGL chapter 152,§25C(5)also sues 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 applicantwho has not produced acceptable evidence of compliance Faith the insurance.coverage required;" Additionally,MGL chapter 152, §25C(7)states'Neither the commonwealth nor a'ay of its political subdivisions shall enter into any contract for the performancc ofpublic workuni�7 acceptable evidence of compliancewith the insurauce. requirements of this chapter have been presented to the contracting aoth.ority_" Applicants . Please fill out the worker' 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) aIong with their certificates)of hinzance. Lfi ited Liability Companies(I.LC)or Limited Li.ability-Partnerships(LLP)with no employees other than the members or partners,are not required to cant'workers' compensation in=a ce. If an LLC or LLP does have employees, a policy is required. Be advised that this a$dayit maybe submit(nd to the Depa-uncut of Industrial Accidents for confirmation of msunm=coverage: Also be sure to sign and date the affidavit The affidavit should be retcmmed to the city or town that the application for the pep it or license is being requested,not the Department of Eadusbrial Accidents. nouldyon have any questions regarding tine Iaw or ifyou are required to obtain a workers' compensation policy,please call the.Depa:E ment at the numbez listed below. Self ms�aed companies should enter their s e1f-fi Briar,ce license number on the appropriate line- City or Town Officials f Please be sure that the affidavit is complete and printed IegIly. The Department has provided a.space at the bottom of the affidavit for you to fill out in tine event the Office of Investigations has to contact you reacarding the applicant Pleas e b e sure to fill in the p effiit/license number which wn7l be used as a refere addition,number. In n, an applicant that must submit:multiple penmMicensa appli'cafions in any given year,need only submit one affidavit i adicaim ou g r ent p olicy iul rmation Cif necessary)and under"lob Site Address"the applicant should write"ail locations in. (arty or town)-"A copy of the-affidavit that has bezn 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 fubore permits or licenses A new affidavit must be ff ed out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial vent ze. (i.e. a dog license or permit to bun leaves etc.)said person is NOT required to complete this affidavit The Office of Tnvesti -anions would hke to thank you is advance for your cooperation and should you have any questions, please do not hesitate to give us a call The Departments address,telephone and fax number_ The CiDmMmWezja of Massachust M D-parimmt cf lzid ialA06ideD:L% of ce of javestiotiwx:� (50a Tashingtan.Street Boston,MA G2111 Tf,-1.#617 727-4}QO c_xt 4-06 or 1-,a I SAFE Fax 9 617-727-7749 lzevised 4-24-07 I _ Town of Barnstable Regulatory Services of�u;ue r � Richard V.Scali,Director 0 Bui lding Divisio n. t s2a3Ncr�xr Tom Perry,Building Commissioner MMEM m� 200 Main Street; Hyannis,MA 02601 z639- � www town-barnstable.maus Office: 508-862-4038 Fax 508-790-6230 HOMEOWNER LICENSE EXEMPTION PIease Print DATE: Lo / JOB LOCATIOl L- v t, t' V 0(A• � number villago "HOMEOWNER": name �n�jomc phone# -I work phone# CURRENT MAILING ADDRESS:• : city town state zip rode 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 hirewho does not possess a license,provided that the owner acts as supervisor_ FT DE MON OF HOMEOWNER persons)who owns a parcel of land on which he/she resides or intends-to reside, oa 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 umderthe.building permit (Section 109.1.1) , The undersigned`.`homeowner"as=--s 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 4msigaachitum res and requir errs dthat she will comply with said procedurres and requirements. of Homco Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Bu ilding Code Section 127.0 Construction Control HOMEOWNER'S EXEMPTION The Code states that'"Any homeowner p er-form 3-g 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 assuuring 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 MY 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 Iasi page . You map care t amend and adopt such a form/cerfification for use is of this issue is a form currently used by several'towns P your community. _, e a Q:\wpFILFZTORMS\bu�1dmg p=mit faros\=P-F-SS.doc Revised 061313 ACCEPTANCE OF APPOINTMENT AS TRUSTEE I, DENNIS J. ACETO, hereby accept the appointment as Trustee of the CENTCO NOMINEE TRUST, under a Declaration of Trust dated October 26,2010. WITNESS my hand and seal this 1G' day of May,2016. C -DENNIS J.AC/7O COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: May/c% ,2016 Then personally appeared the above named Dennis J. Aceto, and proved to me through satisfactory evidence of identification, which was a Massachusetts Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public-Stanley P.Nowak �L\ STANLEY P. NOWAK My commission expires: June 20,2019 Notary Public Commonwealth of MsssadHab My commission Expires June A 2019 BARNSTABLE REGISTRY OF DEEDS John F, Meade, Register f CENTCO NOMINEE TRUST APPOINTMENT AND ACCEPTANCE OF TRUSTEE I,ASHLEY ROSE ACETO, TRUSTEE of the CENTCO NOMINEE TRUST, under Declaration of Trust dated October 26, 2010, an abstract of which is recorded at the Barnstable County Registry of Deeds in Book 24962, Page 144, whose mailing address is 28 Hayes Road, Centerville, MA 02632,hereby appoint DENNIS J.ACETO as additional Trustee of the Centco Nominee Trust to be effective upon the signing of this instrument. I also hereby certify that I, have the authority to appoint said Trustee and that all the beneficiaries of said Trust have assented to said action. EXECUTED as a Sealed Instrument under pains and penalties of perjury this /0 day of May, 2016. CENTCO NOMINEE TRUST 1 a ASHLEY ROS.,ACETO, TRUSTEE COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: May/±' , 2016 Then personally appeared the above named Ashley Rose Aceto,Trustee. and proved to me through satisfactory evidence of identification,which was a Massachusetts Driver's License,to be the person whose name is signed on the preceding or attached document,and swore or affirmed to me that the contents of the document are truthful and accurate to the best of her knowledge and belief and acknowledged to me that she signed it voluntarily for its stated purpose. /V�� -- Notary Public-Stanley P.Nowak STANLEY P. NOWAK My commission expires: June 20,2019 Notary Public Commonwealth of Massachusetts My Commission Expires June 20,2019 05--13-2O16 02 % 15D CENTCO NOMINEE TRUST APPOINTMENT AND ACCEPTANCE OF TRUSTEE I,ASHLEY ROSE ACETO, TRUSTEE of the CENTCO NOMINEE TRUST, under Declaration of Trust dated October 26,2010, an abstract of which is recorded at the Barnstable County Registry of Deeds in Book 24962,Page 144, whose mailing address is 28 Hayes Road, Centerville, MA 02632,hereby appoint DENNIS J. ACETO as additional Trustee of the Centco Nominee Trust to be effective upon the signing of this instrument. I also hereby certify that I have the authority to appoint said Trustee and that all the beneficiaries of said Trust have assented to said action. EXECUTED as a Sealed Instrument under pains and penalties of perjury this >G day of May,2016. CENTCO NOMINEE TRUST ASHLEY ROSt ACETO, TRUSTEE COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: May !r , 2016 Then personally appeared the above named Ashley Rose Aceto,Trustee. and proved to me through satisfactory evidence of identification,which was a Massachusetts Driver's License,to be the person whose name is signed on the preceding or attached document, and swore or affirmed to me that the contents of the document are truthful and accurate to the best of her knowledge and belief and acknowledged to me that she signed.it voluntarily for its stated purpose. Al Notary Public-Stanley P.Nowak STANLEY P. NOWAK My commission expires: June 20,2019 Notary Public Commonwealth of Massachusetts My Commission Expires June 20,2019 ACCEPTANCE OF APPOINTMENT AS TRUSTEE I, DENNIS J. ACETO, hereby accept ,the appointment as Trustee of the CENTCO NOMINEE TRUST, under a Declaration of Trust dated October 26,2010. WITNESS my hand and seal this � day of May,2016. 6; —DENNIS J.AC ~O COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: May I ,2016 Then personally appeared the above named Dennis J. Aceto, and proved to me through satisfactory evidence of identification, which was a Massachusetts Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public-Stanley P.Nowak STANLEY N0�1/pI�Notary PublicMy commission expires: June 20,2019 Commonwealth of Massadhuseus My Commission Expires June A 2019 BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register �i �i i! .. 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'•~� c:s �. ��� :,..•, s tea- Y3`'S'.�; � -.. sue- 1 005#:At i - i i � S�#set `•�.� x � � a L s'� s ',�` � � i 1 OWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map .�2—3 3 Parcel d� �/ Application # Health Division Date Issued Conservation Division Application Fee s o 4- Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation / Hyannis Project Street Ad r�ess SOO � c,��t`�� Tie Village °2 IPd�i 1 � ii / Owner _ 01 ZAI C Addre� ss 5 �0 �l.<<�-s A he Telephone Permit Request <.� 2, (Z0 11 Square feet: 1 st floor: existingTx>proposed 2nd floor: existing/igo proposed �60 Total new Zoning District Flood Plain Groundwater Overlay Project Valuation S C5U 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 �V Historic House: ❑Yes ❑ Wd" On Old King's Highway: ❑Yes ❑ No Basement Type: a�r'ull ❑ Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) 7 CI 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 1 new 0 First Floor Room Count Heat Type and Fuel: ❑�Ks' ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes Fireplaces: Existing 2� New Existing woo /coal stove: ❑des ❑ No r. Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ xisting {0 nee n size_ 'tached garage: LKexisting ❑ new size _Shed: ❑ existing ❑ new size _ Other: �M Zoning Board of.Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ N If yes, site plan review # Current Use Proposed Use APPLICANT INFORMATION _ - (BUILDER OR HOMEOWN R) Name cB��L:o I'V o �s° ��'-�S� telephone Number �l b Address t.,L License # '►'�`I' f Q I Home Improvement Contractor# Email c-P_1, S_ C. C cs7 � ✓) Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO SIGNATURE -Ai 4 DATE t r FOR OFFICIAL USE ONLY APPLICATION# 'r DATEISSUED ►, MAP/PARCEL NO. ADDRESS VILLAGE OWNER 1 5 DATE OF INSPECTION: i c FOUNDATION FRAME i INSULATION ' FIREPLACE s ELECTRICAL: ROUGH FINAL �f 'r PLUMBING: ROUGH FINAL l GAS: ROUGH FINAL FINAL BUILDING / r 1 DATE CLOSED OUT i ASSOCIATION PLAN NO. a Town of Barnstable oF1-HE, Regulatory Services Richard V. Scali,Director . Building Division BABSTABLE 9� i639, .• ,Thomas Perry, CBO 1639-301J ArED1iA°�p Building Commissioner �� 200 Main Street, Hyannis, MA 02601 www.town.barnstableama.us Office: 508-862-4038 Fax: 508-790-6230 August 28, 2015 Ashley Aceto 500 Huckins Neck Rd. Centerville, Ma. 02632 RE: 500 Huckins Neck Rd., Centerville,Map: 233 Parcel: 029 Dear Property Owner, This letter is in response to application number 201504066 submitted to remodel the above referenced address. Unfortunately,the application can not be approved at this time because of the following: 1) The property has been identified as being in violation with the Zoning Ordinance of the Town of Barnstable. A building permit is needed to bring the property into compliance before any other building permits can be issued. Please do not hesitate to contact this office if you have any questions. Respectfully, WJ �. auz on Local Inspector jeffrey.lauzon@town.bamstable.ma.us (508) 862-4034 y �' , . - Deprrrlrnentof�ir�i-ial�cri�rLr . Office Of&PffA�zu&7zS 600 Washurgtoa Street Bestm HA 02IZI , WWW- =grrvlira . WOj&, =' CompensationInmmu=ceA��B fflrl ConfraetarSMectd ansT1 mabers A�p1 -.rant Information Please Print Leeibfy' ' Name .. • ,lox — fc -Ph=#-. / Are you an employer?Check the appropriate b=.' Type of project(requb: d): / .L❑ I am a mvic w wift 4- Q I am a gm ml cm tract m andI 6' NcvP cous[rncEian U eMplayees(BE and/or pMt tone).* bgve hoed$e sob-caoodrectms 2.❑ Ism a sole progdefnr or pat =- listed on the atiaclicd sheet: 7. ❑Rem &Hqg ship and have no cmplayocs Me S Wuidmg form m aYcapacity- , ' 8. []Demo3ifia¢i 9. ❑Balding additiau [No•wm ran.COMP.]IISm- mCD COMP.incm-anrr t ' 5. We mr.a cm-pam im and its I O_❑E wtdcalrepairs or adcadons officcers bane cised E cu 3. IamahamcownadoingaIIwork� IL❑Phrmbingrepairs oraddifians nwSelf DTO wow' light of mmmpd mperMCH, rcp . iDsarancc ]t •V M§ (4). IZ. Roof arts a I and wt have no mglV .[No'w I3.[]Otlicr camp.n sm.$nce regnaed] - *�Y applirmmtthat rbed6 bozI mmt aIm fiII ottthe section hrJovp sho wiagthcswmdra'eampeaa�nn Pe�•'Y mhnn6mt t Hnmwwn��Pbo subm$$is s�daY asdiaimglluyaro doing�II WozJc�d 2hmhae vam3o eo�actaa ffiutsbmmrtnnCW afdavhmdiefgroch atxado6&atrbeclrfh" imdxbftwhdhaornotftmo.dM=have caplopecs.Ifthem&-cmAmc1=htvecmplay s,theymm3tpwr&thiswmk=VcmmP-PoUYmmbec I am me earployer that is pras�dmg)vorkrrs'carrpazsatian uzria�rtre far rap r�layeu Belaty it tTie paTuy and job site . inforrr�ian. .. Insarm=CompamyName: Policy#or Self-ins.M.#: Expira lnnData Job Site Addre= Ciig/State!Lp: - Attach a copy of the workers'cmnpcnsation policy ilea a mflon page(showing tine policy nmmber and motion azt,). Fm-I ne to s==coverago as requited nntd Secti®.25A ofMGL r.M can]cad to&C kyosrtim of c.rilninal pe¢altirs Ufa f'mn up to$1,500.00 and/or ano-yew hopriso®mr-nt as weR os civl pen hics in the form of a STOP WORK ORDER and a f= of vp to$250.00 a day against the violator. Be advised that a Dopy of this statcru miry be fn wm&d to fic Off m of hm:sdga&=of fho DIA fhr kmomce coverage yetfcatiom Ida hm'eby =der thepains mOpmalties ofpvjm3'the Elie prapided above ir:frue and rnrract -Vto A Dar: Phaim O, iial use only. Da not write-in this area to be corn pkfe-d by city or tv=qffuiaL . City or Town: T�Authority(citcla one): L Board ofHeal#h 2.Building Department 3.Cityfrown Clerk 4.LIecfricalImpednr S.Phtmbing Inspector F 6 Oth7er Contact Petsoa: Phone : . :laformation and Instructions . Maecac nsett Ckneral Laws cheptei I52 regmes all caqAgers to provide wark='compensation EZ Breit e33PIoyees. . Pursaant to this simmer,as employee is defined as a..every person in ffe service of another under auy coact oflir, express or implied oral or wrteu 7 An.rmployc,is defmcd as`an partnership,association,cmp'oraiiam or other legal cx fiiy,army two or more of the foregoing engaged in a joint eaterprise;and indur m f h legal rep¢sseatat m cf a deceased employer,or f m receiver or trustee of an mrbvidnal,per,association or other Iegal enfit7,employing employes However the owner of a dweIlmghoase havingnctmore fhan three aparhmeoI and who resides therein,or the occapant ofthe- dWelling house of anuff=who earpIays pcsons'tD do maims construction orrLpai-work an such dwetfinghouse or on the grotrads or bnift appratmant ffiereto sbaIl not because of such employineut be deemed to be an employer." MM chapter 152,§25C(6)also stairs that'every state or local licensing agency shall withhold flee issuance or renewal of a license or permit to operate a business or to construct buiWings in the commonwealth for airy applicant Who hss not produced acceptable evidence of cdmpI'mance with the msuxzn ca,coverage required-" AdciitaonaIly,M L chapter 152,925C(7)states'Neither the ceranigawealth nor ay ofits political subdivisions shall __- - cater into auy contract for theperfumiance ofpnblic wmlcBuhl acceptable evidence of compliapcewn the itMMMc6.. rcqurr=eats of this chapterhavo l;eea p=mated to the contracting au$omity" Applimxfs Please fill oat tine wodCrxs'compeasation affidava complexly,by rhecirmg 1he brew that apply to yore situation and,if accessary,sWplY sob-cmmtrac6or(s)nan?e(s), addnss(es)and phone mmmbea(s)along with.their cestEcate(s)of insonmez. Limited Liabffi y Companies(LLC)or Limited Lbbiff y Pmta xbips(LLP)withno employees other ihm the To ers or partners,are not rbqahed to carry workers'campensaiiam insurance. If an LLC or LLP does Lave employees,apolicy is required- Be advised thatthis afhdayhmaybe submitted to fbe Department of'Industrial. Accidents for confimaiicn.ofinsmrance coverage Also be sure to sign and date the affidavit 'The affidavit should be r•etlmmed to Ihc,city or town that the agplicaiinm for ffic,permit or license is being requested,not the Depm-traeut of bmdustrisl A:ccide ab Should you have ffiry questions regarding the law or ifyon are required to obtain a workers' camlpensaiionpolioy,please call the Department at fie number listed below Self-fiored ecuapanirs should enter their self-insurance license number om the appropriate line. - City or Town Officials r Please be sm-e that the afIldavit is com aplctn and pmzfzd.legibly. the Department has provided a space at the bottom of the affidavit for you to fill out i a the event the Office of uyestigafit=has to contact you regarding the applicant please be sure to fill in the perm:W icense number which will be used as a reference rmmber. In addhian,an applicant that mast submit multiple,par nit Hamse spplit3fions in any given year,need only sabmrt one affidavit indicafmg cureat policy hnfarm eti m(if necessary)and under"Job Site Addrte me applicant should write"all locations in ' (city or town)."A copy of the affidavit that has been officially stamped or muarked bytfie city or town maybe provided to the - - applicant as proof that a valid affidavit is m file for forme pe®its or licenses. A new affidavit must be filled out each year.VI=a home owner or d1i=is obtains g a license or perrartnotmldcd to any business or commercial venture (Le. a dog license or pew to bran leaves cic.)said person is NOT required to complete this affidavit - The Office of Inycstigati=wouldhlce to thmk you in.advance foryors cooperafim and should yonhave any questions, please do not hesitate to give us a call The Depmtm=fs address,irlcphane and.faxmanber: - - The Go��u of I�iissaaht - . Deparb nmt of lndztdsl AocOeta Of ra=Of jn.V ti0AS E�UQ�asbmgban Sit ' Bus m.Irk 02111 Ta#617 727-4900 cit 4-06 or I-•977-MASaM Revised 424-07 Fax#617-727 7744 • WW ma PV FM '1.OWn 01-15arnstable Regulatory Services of r Richard V.Scale,Director. Building biv- ion Tom-Perry,Bui'Idmg Coa,m:.mioner 200 Main Streit; Hyannis,MA 02601 www towmbarnstabIama.us Office: 508-862-4038 Fax: 508-790-6230 HOhMOWNER UCH E holy DATE: roc LOCATIOhL• J 0 0 numb& rarer' name. borne phone# ph=# CURRENT MAM.ING ADDRESS: (:;q VI7° A- (2)4-ic IS.�- eityhown at up 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 sapervisor. DE MON OFHO,mEOvAM Person(s)who owns a parcel of land on which he/she reside,&or ihteuds 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 resoonsuble for all such work performed under the buildig hermit Section 109.1.1) The undersigned`.`homeowner"aesomes responsibility for compliance with the Stair Building Code and other applicable codes, bylaws,rules and regulations_ _ The undersigned"homeowner"certifies that he/she understands the Tower ofBarz2snstable Building Department minhmmn inspection pipe and requirements and that he/she will comply with said procedures and requirements. On tt Sigoamm orhodsowncr Approval of Btulding Official ,• Note: Three-family dweIlings.contaiining 35,000 cubic feet or larger will be required to comply with the State Building Code, Section n 127.0 Construction Control. 310MOWNELRIS EXEh'MON The Code states that: 'Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.L1-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 responsr'hiIifies of a supervisor (see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2- 5) 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 respons'bfflties,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this,issue is a form currently used by several towns. You may care t amend and adopt such a form/cer0cafion for use in your community. Q:IWPFIfEWOFIv 5%ddmgpermith=WPRFSS.doe Revised 061313 6 4 ! , 7 Town of Barnstable Regulatory Services t Richard V.Scab,Director Building Division Tom Perry,Bmlding Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstabI ma.as Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If UsLng A Builder as Owner of the subject property berebyauthorize to act on mybehal in all matters relative to work authorized bydh s building permit 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 S;gnaWre of Qwner Signature of Applicant Print Name Print Name Date QTORM5:OWNMEBMISSMIe0OLS &AA L/ IV,."\0, f I : � III 1 � � j tll ell Vvi io I j� -I� - I - ''stwmsw"'"� . cv) 4 c C) 4. II /:77 PMOKt DETECTORS RE D C19 /�1�� WILDING DEPT. R TMENT-i- TRES ARE R EQUAR ED R P mi j v Tra - _-- --------___--`- cam_. � Yf { _ f _ - - 1 z - -- v— F , e n -cam. , r�A� - S rParcel Detail Page I of 3 71 -.. 5 =4Bt61riSTtRLE k ire. V Logged In As: Parcel Detail Monday,June 22 2015 Parcel Lookuo Parcel Info Parcel ID 233 029I Developeor(LOT 5A �� Location 500 HUCKINS NECK ROAD I Pri Frontage 11080Sec Sec Road F ` ( Frontage age i village CENTERVILLE I Fire District I C-O-M M Town sewer exists at this address NO Road Index(0746 � Interactive > wt Map ( °, Owner Info owner jACETO,ASHLEY ROSE TR I Co-owner CENTCO NOMINEE TRUST��� �I Streetl 128 HAYES ROAD � �I Street2 City ICENTERVILLE I state MA Zip 02632 Country Land Info Acres�1.26 use Single Fam MDL-01I zoningRD-1 � Nghbd�0106 JT m___ _.._.._ Topography Level ( RoadPaved I Utilities 1 Public Water,Gas,Septic m I Location Construction Info Building 1 of 1 Year 1960 Roof Gable/Hi ExtWood Shin le m Built 1 I Struct _ p_ _ ( Wall g _I h/_ I nGI e — I .., sCLiving Roof mp AC RU11920Area cover Type €t I 1 Style IBed Ranch J Int Drywall _J Rooms 14 Bedrooms J e Wang - •- 2e? w Model;ReSldentlal Int Hardwood I Bath 12 Full-0 Half Floor Rooms_ Heat Total " Grade�verage I Type Hot Air v I Rooms ? k . Heat s - Found- Stories 1 Story ) Fuel Gas ation ITyplcal Gross C4388 _) Area i Permit History http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=16643 w: 6/22/2015 , arcel Detail Page 2 of 3 Llssue Date I Purpose I Permit# I Amount Insp Date I Comments Visit History Date Who Purpose 11/4/2010 12:00:00 AM Denise Radley In Office Review 10/28/2005 12:00:00 AM Jason Streebel Drive by inspection only 4/7/2003 12:00:00 AM Paul Talbot Meas/Est 12/20/2002 12-.00:00 AM Paul Talbot Meas/Est 10/17/2000 12:00:00 AM Paul Talbot Meas/Listed-Interior Access - Sales History Line Sale Date Owner Book/Page Sale Price 1 10/3/2014 ACETO,ASHLEY ROSE TR 28426/32 $0 2 11/1/2010 HOTCHKISS,AMY D TR 24962/146 $212,000 3 2/2/2005 GALO, DAIR 19495/237 $370,300 i 4 12/20/2002 WHITE, EDITH 16123/267 $385,000 5 2/21/2002 ROBERTS,GEORGE J 14840/281 $250,700 6 1/4/1965 1 MCMANUS, EDWARD L& EDNA B 1285/660 1 $0 Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parcel Value 1 2015 $102,400 $37,500 $900 $165,200 $306,000 l 2 2014 $102,400 $37,500 $1,000 $165,200 $306,100 3 2013 $102,400 $37,500 $1,000 $171,900 . $312,800 4 2012 $102,400 $37,700 $900 $170,400 $311,400 5 2011 $151,800 $10,200 $0 $170,400 $332,400 6 2010 - $151,700 $10,200 $0 $173,100 $335,000 7 2009 $150,500 $11,200 $0 $204,400 $366,100 8 2008 $175,300 $11,200 $0 $218,900 $405,400 10 2007 $174,300 $11,200 $0 $218,900 $404,400 11 2006 $158,900 $11,200 $0 $236,900 $407,000 12 2005 $153,900 $11,700 $0 $189,400 $355,000 13 2004 $125,100 $11,700 $0 $236,700 $373,500 14 2003 $127,800 $11,700 $8,200 $63,800 $211,500 15 2002 $127,800 $11,700 $8,200 $63,800 $211,500 16 2001 $127,800 $11,700 $8,200 $63,800 $211,500 17 2000 $90,300 $7,500 $2,200 $56,300 $156,300 18 1999 $90,300 $7,500 $2,200 $56,300 $156,300 19 1998 $90,300 $8,300 $2,200 $56,300 $157,100 20 1997 $113,700 $0 $0 $50,600 $173,300 21 1996 $113,700 '$0 $0 $50,600 $173,300 22 1995 $113,700 $0 $0 $50,600 $173,300 23 1994 $102,000 $0 $0 $40,500 $148,900 24 1993 $102,000 $0 $0 $41,000 $149,400 . 25 1992 $115,800 $0 $0 $45,000 $168,100 26 . 1991 $125,400 $0 $0 $90,000 $223,300 .27 1990 $125,400 $0 $0 $90,000 $223,300 28 1989 $125,400 $0 $0 $90,000 $223,300 http://issgl2/intranei/propdata/ParcelDetail.aspx?ID=16643 6/22/2015 ,Parcel Detail Page 3 of 3 29 1988 $92,400 $0 $0 $66000 $163,400 30 1987 $92,400 $0 $0 $66,200 $163,400 31 1986 $92,400 $0 $0 $66,200 $163,400 Photos lot i 'I 1* http://issgl2/intranet/propdata/Par6elDetail.aspx?ID=16643 6/22/2015 rD �. r - :Noug . �a •Obi X-v ' I Y j e e C"L/ Meslage Page 1 of 3 Anderson, Robin To: olivia Bean Subject: RE: Questions pertaining to the inspection of my apartment ofL500 HucWhns-Neck rdreenterville,ma HI Olivia, In response to your recent email: • I found the site to be a developed property located in a single family zone. • The dwelling was originally constructed as a single family home in the RD-1 district. • There is no relief on file for an accessory use (apartment). • The lower level unit was found to lack proper egress. (The current building code requires 2 ways out directly to the outside from each dwelling unit). • We do not know when the subject unit was created. • The governing zoning limits the use to that of a single family dwelling as a matter of right. . The creation of the apartment occurred illegally-without permits and inspections. • Any relief granted today requires the application of the current building code. • Registering a unit as a rental does not legitimize it. In fact, renting a single room requires registration. This has no bearing on its status as a legitimate or legal unit at all. • Building staff does not identify nor enforce the state sanitary code; that falls under the jurisdiction of the Health Division and the rental registration process. • Egress requirements are referenced in the state sanitary code but the actual requirement is contained in the building code. I have already addressed that above. • No serious structural defects were observed or noted on this occasion. • Staff informed you (and subsequently agents of the owner were also informed) that no sleeping can occur in the rear room (the room without windows or furniture) or the larger(empty) room where the staircase to the first floor is located. • You were made aware that your bedroom has deficient means of egress (the room across from the bathroom). From the appearance of bedding on top of your couch as well as the dismantled bed in the first bedroom, we concluded that you were sleeping in the living room. This area was noted to have proper emergency egress (satisfying the sleeping area requirements) and as such was not of concern to us. • You were notified to install batteries in the smoke detectors currently in your possession and where to place them. • Agents of the owner were advised to provide a CO detector. • Agents of the owner were notified to confirm that all detectors are provided and are in operation. • Agents of the owner were notified that the unit is illegal as well as the egress issues cited above. • Agents of the owner were notified that you desire to break your lease and leave before the term expires and later that you advised me that you do not have a place to relocate to yet. • All parties were notified on site and later by phone or in person that the status of the subject unit does not alleviate the burden of the rental agreement and that unless something else is negotiated the existing document must be respected. • The photos we have are public information. You may come into 200 Main St to select and obtain copies for $.20 a page. Please let me know if you require additional information. bin Rodin C. Anderson 10/14/2014 Mes;age Page 2 of 3 Zoning Enforcement Officer . Town of Barnstable 200 -'Main Street Hyannis, 14-A 026oi 5o8-862-4027 -----Original Message----- From: olivia Bean [mai Ito:oliviaabeane@gmail.com] Sent: Tuesday, October 14, 2014 10:47 AM To: Anderson, Robin Subject: Questions pertaining to the inspection of my apartment of 500 Huckins Neck rd centerville,ma Hello Mrs. Anderson, This is Olivia Beane regarding the inspection of my apartment on 500 Huckins Neck rd centerville,ma on October 8, 2014. I have a few questions that I need answered and they are as follows: You stated in person that the apartment was illegal - is this so? As a property being registered as a single-family dwelling is this the reason for the apartment to be illegal ?Is this due to the town zoning area of this property ? If not why would this apartment be illegal ? As the property being registered as a single -family dwelling is this the reason that there is not a report of the inspection of the apartment? During the inspection were any violations of the Codes of Massachusetts general Law or C.M.R per the Housing Code Checklist that where seen, if there is not to be a report written up ? Upon the inspection if any of the following violations of the Housing Codes with this apartment exist 410.482 410.450 Means of Egress 410.451 Obstruction of Means of egress 410.452 410.500 410.500 good repair in every way fit 410.500 Interior walls loose or rotting boards 410.504 (B) and(C) Or if there was any other violations that where seen by you or the inspector. ' Also the pictures that documented this inspection by Jeff could you please send me his contact information Please respond to this e-mail I do need to know this information. Thank you for your help, 10/14/2014 Message Page 3 of 3 Olivia Beane Oliviaabeaneggmail.com 10/14/2014 ,ly ,55 .tfirSd ++a i p - • .. �a`"� .�'� �� � .qt.'s`f.- F''�� =r r � v i1..f�� .. ��`�. I - 1H�rod Town of Barnstable o Regulatory Services g r3' BARNSTABLE, ; Richard V. Scali,'Director Regulatory Service ,' � Building Division 'DrEorna�" 'Tom Perry, Building Commissioner. 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 10, 2014 Olivia Beane r 500 Huckins Neck Rd Centerville, MA 02632 Re: Property Inspection Locus: 506 Huckins-Neck.Rd,Centerville Dear Ms.Beane:, The following information was noted as a'result of an inspection of the lower level apartment located at 500 Huckins Necks Rd on Oct..8, 2014: o The subject site is a.,developed property located in a single family zone. The dwelling was originally constructed as a single family home in the RD-1 district • We do not know when the subject unit was created. • The governing zoning limits the use to that of a single family dwelling as a matter of right. - • The creation of the apartment occurred illegally-without permits and inspections. There.is no zoning relief on file to create an accessory use (apartment). Any relief granted today requires the application of the,current building code. • Registering a unit as a rental does not legitimize if In fact, renting a single room requires registration. This has no bearing on its status as a legitimate or legal unit at all: The lower 1 le vel,eel uni -w t as found to lack e egress. P The current building proper 9 ( 9 code requires 2 ways out directly to the outside from each dwelling unit). o Egress requirements are referenced in the state sanitary code but the actual requirement is contained in the building code. I.have already.addressed that above: ` ® Building staff does not identify nor enforce the state sanitary code;that falls under the jurisdiction of the Health Division and the rental registration process.< : = • No serious structural defects were observed or noted on this occasion. Staff informed you (and subsequently agents of the owner were also informed) that no sleeping can occur in the rear room (the room without windows or furniture)or the-larger(empty) room where the staircase to the first floor is . located: . • You were made aware that your bedroom has deficient means of egress(the room across from the bathroom). From the appearance of bedding.on top of your couch.as well as the dismantled bed in the first bedroom, we concluded that you were sleeping in the living room_ . This area was noted to have proper emergency. egress (satisfying the sleeping area requirements) and as such was not of concern to us. • You were notified to install batteries in the smoke detectors currently in your possession and where to place them. . '. Agents of the owner were advised to provide a CO detector. • Agents of the owner were notified to confirm that all detectors are provided and are in operation.. • Agents of the owner were notified that the unit is illegal as well as.the egress issues cited above. • Agents of the owner were notified that you desire to break your lease and leave before the term expires and later that you advised me that you do not have a: place to relocate to yet. • All parties were notified on site.and later by phone or in person that the status of the subject unit does not alleviate the burden of the rental agreement and that unless something else is.negotiated the existing document must be respected. • The photos we have on file are deemed public information. You may come into 200 Main St to select and obtain copies for$.20 a page., .. a The property owner is aware of the.aforementioned inspection and the results and/or requirements referenced above. Please be assured that I will continue to work with all parties in order to resolve these issues. Sincerely, ' Robin C. Anderson Zoning Enforcement Officer ' JAIllegal'Apartinents\560 Huckins Neck Rd Centeriile 111U014 tenant letter.11042014.doc Real Estate Professionals - Weichert Realtors Page 1 of 4 ' rt CALL 1-800-USA-SOLD (1-800-872-7653) r Mon-Fri & Sun 9am-9pm EST, Saturday 9am-6pm EST Home for Sale in Centerville, MA 500 Huckins Neck Rd Centerville, MA 91 r T� http:Hwww.weichert.com/search/realestate/PrintListing.aspx?p=46718657 10/17/2013 Real Estate Professionals - Weichert Realtors Page 2 of 4 s Y Property Type: Single Family 500 Huckins Neck Rd > i Centerville, MA 02632 Login to View Address Sale Type: For Sale - Style: Ranch f Price: $349,900 Status: Active ' � Bedrooms: 4 Baths: 3 Full Baths Sqft: 1920 Lot Size: 1.2600 Acre(s) Year Built: 1960 Area: Centerville, MA - The Cape and the Islands http://www.weichert.com/search/realestate/PrintListing.aspx?p=46718657 10/17/2013 Real Estate Professionals - Weichert Realtors Page 3 of 4 Neighborhood: Nyes Neck County: Barnstable Taxes: $2,740 MLS/Web ID: 21302944 Description Spacious & sprawling, 1920 s/f 4-bedroom; 3-bath Ranch w/open floor plan& bonus room! Bright & sunlit w/modern appliances, recessed lighting, hardwood floors and additional space to accommodate all your guests. Nestled into this desirable residential neighborhood, close to shopping and fine dining. Interior Basement • Finished • Walk-Out Flooring • Hardwood Floors • Tile Flooring Heating System • Forced Air • Gas • Hot Water Heater: Gas Sewer • Septic System Water Source • City Water Exterior Exterior • Deck • Patio Fence • Back Yard Foundation • Concrete Garage http://www.weichert.com/search/realestate/PrintListing.aspx?p=46718657 10/17/2013 Real Estate Professionals - Weichert Realtors Page 4 of 4 y • 2 Car • Other • Stone/Gravel Lot Description • Sloping Road Frontage • Public Road Roof • Asphalt Shingles Siding • Shingle Exterior t Excluded Feature Listed By Broker: TODAY REAL ESTATE, Information deemed reliable but not guaranteed. Sharing Listings 11 data relating to real estate for sale on this page comes from the �► Online Broker Reciprocity (BR) of the Cape Cod& Islands Multiple Listing Service, Inc. Detailed information about real estate listings held by brokerage firms other than Weichert Realtors include the name of the listing broker company. Neither the listing company nor Weichert Realtors shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. The Broker providing this data believes it to be correct, but advises interested parties to confirm any item before relying on it in a purchase decision. ©2013 Cape Cod& Islands Multiple Listing Service, Inc. All rights reserved. The information being provided is for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Data is updated as of 10/17/2013. All properties are subject to prior sale, changes, or withdrawal. http://www.weichert.com/search/realestate/PrintListing.aspx?p=46718657 10/17/2013 Town of Barnstable t"E' tio� Regulatory Services-i * Thomas F.Geiler,Director * BAR NSTABLE p MASS g Building Division s63p• ♦0 iDTEn Mp,�a Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 COMPLAINVINQUIRY REPORT Date: f1W-s Rec'd by: C' 1 Complaint Name: ? Map/Parcel Location I / Address:C5�� Originator Name: Street: Village: State: Zip: Telephone: .. Complaint Description: ,-z— , ei2, Ae 1-e Rig FOR OFFICE USE ONLY Inspector's Action/Comments Dater Inspector: Additional Info.Attached Q:forms:complaint ' Town of Barnstable Legal Department Town Attorneys' Office 367 Main Street, Hyannis MA 02601-3907 Inter-Office Memorandum Robert D. Smith, Town Attorney Office: 508-862-4620 Ruth J. Weil, 1 st Assistant Town Attorney Fax: 508-862-4724 T. David Houghton, Assistant Town Attorney Claire Griffen, Paralegal/Legal Assistant Claudette Bookbinder, Legal Clerk Date: January 27, 2004 To: JOHN C. KLIMM, Town Manager` To: TOM GEILER, Director, HS&E Services/Consumer Affairs To: TOM PERRY, Building Commissioner? To: TOM McKEAN, Director, Public Health _ - �(From: RUTH J. WEIL, 1St Assistant Town Attorney Subject: Conciliation Agreement dated January 16, 2004.between: U.S. Dept. of Housing& Urban Development (Case #01-03-0411-8); Tranquility House, Inc.; and, Town of Barnstable Pi,J Our Legal Ref. #2003-0216 � ---------------------------------------------------------------------------------------------------------- Attached you will find a copy of the duly executed Conciliation Agreement for your U records which we recently received from H.U.D.'s conciliator, Russell J. Archibald. By copy of this memo to the Town Clerk's Office, we have requested that an original of this Conciliation Agreement be filed with that office. Thanks. RJW:cg Atchmt. cc: Linda Hutchenrider, Town Clerk (Thank you, Linda!) Document: Tranquility House, Inc. - Conciliation Agreement with H.U.D. 1/16/04) [2003-02161memo3toms] � n ` 1 ,OENT0,yOG - U.S. Department of Housing and Urban Development Office of Fair Housing & Equal Opportunity ZG IIIIIIII ��_ Thomas P. O'Neill, Jr. Federal Building %-Ij DEv��,OQ 10 Causeway Street Boston, Massachusetts 02222-1092 New England (617) 994-8300 (617) 565-7313 (FAX) January 20, 2004 Town of Barnstable Office of Town Attorney jjpRNtiy Attn. Ms. Ruth Weil Esq. 100 gAftNSjAg1E 367 Main Street Taw Hyannis, MA 02601-3907 Re: Tranquility House v ,Town of Barnstable HUD Case No. 01-0-0411-8 Dear Ruth: Enclosed are signed copies of the Conciliation Agreement formulated several weeks ago. Please feel free to telephone me if you have any questions (617-994-8309) . Best regards, Russell J. Archibald + 'I UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Office of Fair Housing and Equal Opportunity o�QPP�MENT pFy0N �G II II II ��2 9egN DEvSV Q Conciliation Agreement under Title VIII of the Civil Rights Act of 1968 as amended By the Fair Housing Amendments Act of 1988 between The United States Department of Housing and Urban Development and Tranquility Houses, Inc. /Edith White (Complainants) and Town of Barnstable et al . (Respondents) Case Number: 01-03-0411-8 (Fair Housing Act) #01-03-0411-8 CONCILIATION AGREEMENT Preamble The Parties to this Conciliation Agreement (hereinafter collectively "the Parties") are Complainants, Tranquility Houses, Inc. and Edith White (hereinafter "Complainants"), the Town of Barnstable and Director of Health Thomas McKean, (hereinafter ".Respondents"), and the United States Department of Housing and Urban Development (hereinafter "the Department"). 1 i On September 12, 2003, Complainants filed a complaint with the Department challenging an order of the Barnstable Board of Health which required the reduction in the number of bedrooms from eight to six based upon state and local environmental regulations. Complainant alleged that Respondents were denying persons with disabilities full access and enjoyment to the subject property. The Complainants further alleged the land use and zoning ordinances of the Town were being applied in a discriminatory manner and that Respondents refused to grant a reasonable accommodation. The Respondent answered by asserting Cape Cod's groundwater is the sole source of water for domestic and for most commercial and industrial uses. Over 90 percent of the homes on Cape Cod use on-site subsurface systems for disposal of wastewater. Numerous v public water-supply test results show a distinct correlation between housing density and nitrogen (nitrate) concentration in the well water. Because the property is located in a.groundwater protection overlay district, the state has limited the number of bedrooms on Complainants' property to four bedrooms. The Town's ordinance regulating wastewater discharge limits the number of bedrooms to three. The Respondent, Board of Health, further alleged that it has required numerous owners of single-family residences within the town of Barnstable to remove bedrooms when the number of bedrooms exceeded.the number allowed under the state and local regulations. The Respondent further answered by stating that it provided reasonable accommodation to the Complainants by allowing them to continue to maintain six bedrooms rather than the four that would be allowed under the current state law and the three that would be allowed under the current local regulations. The Board of Health has further alleged that it provided reasonable accommodation by giving the Complainants until January 1, 2004 to remove the two additional unpermitted bedrooms. The Complainants purchased residential property which they lease to groups of men and women in recovery from alcoholism and drug addiction. The complaint was filed under the Fair Housing Act, 42 U.S.C. §§3601-19 (hereinafter "the Act"). The Parties agree that it is in their best interests to avoid further administrative proceedings and the potential for protracted.and costly legal proceedings. Accordingly, the Parties enter into this Conciliation Agreement in order to resolve their dispute. i #01-03-0411-8 I. GENERAL PROVISIONS 1. It is understood that the Parties enter into this Agreement freely and voluntarily, and that no party has been coerced, intimidated, threatened, or in any way forced to become a party to this agreement. 2. This Agreement will become effective as of the date signed by the HUB Director of the New England Office of Fair Housing and Equal Opportunity. The HUB Director, acting on behalf of the Secretary of the Department of Housing and Urban Development (hereinafter "the Secretary"), retains authority to approve or disapprove this Agreement. 3. While Complainants assert in their complaint that Respondents have violated the Fair Housing Act, Respondents have denied any wrongdoing or that any such evidence exists. It is understood that this Agreement does not constitute evidence of a determination by the Department of any violation of the Fair Housing Act or any other federal statute nor constitutes an admission of any wrong doing. Respondents agree that the Secretary has the authority to enforce the Fair Housing Act. 4. In exchange for the Respondents' performance of the provisions of this Agreement, the Complainants hereby waive, release and covenant not to file a civil action against the Respondents, or to under take further administrative action against the Respondents with respect to the matters which were or which might have been alleged in the subject Fair Housing complaint. This release and waiver applies to the complaint existing between the signatories to this Agreement, and applies to any other complaints filed by Complainants which may be pending with the Department, including all matters pending up to the effective date of this Agreement. Additionally, the Department agrees not to take any further action with respect to the complaint or any other complaints tiled by the Complainants which may be pending with the Department. 5. This Agreement does not in any way limit or restrict the Department's authority to investigate and act upon any future complaints involving Respondents. 6. It is understood that, according to`Section 810(b) (4) of the Act, this Agreement shall become a public document. The Department, however, shall hold confidential all information of a personal or financial nature, concerning the Parties to this Agreement, and not contained in the body of this Agreement. [2003-0216\hudagree3] 2 #01-03-0411-8 II. SETTLEMENT 1. The Parties to this agreement assent to the following and acknowledge that it constitutes the granting of a reasonable accommodation to the rules, practices, and policies of the Town of Barnstable with respect to Tranquility Houses, Inc. property located at 500 Huckins Neck Road in Centerville, Massachusetts. 2. As was stated in the original order of the Board of Health, the Parties agree the maximum number of bedrooms that will be allowed at the above-mentioned property is six (6) bedrooms. This constitutes a reasonable accommodation because under the current state environmental code the maximum number of permissible bedrooms is four and under the town's local ordinance the maximum number is three. To comply with this requirement, the Complainants agree as follows: a) Complainants shall use the six bedrooms on the first floor level only and no rooms in the basement level shall be used as bedrooms; or, b) Alternatively, if the Complainants want to convert the room located in the basement level adjacent to the community room into a bedroom, then Complainants may so do, provided that they first: 1. Modify the window located in the basement room so that it is able to open 20" by 24" without the use of special tools; 2. Provide a minimum five-foot opening between the two smallest bedrooms located on the first floor, thereby converting the two bedrooms into one bedroom; for a total of five bedrooms on the first floor; 3. Obtain all necessary town permits before commencing any construction. 3. The Complainants agree to provide a copy of its annual report to the Town of Barnstable Department of Regulatory Services, Health Division, every year.. The report will state the number of residents that resided at the residential home, but will not include the names or the identities of the residents. 4. The Parties agree the reasonable accommodation (use of 6 bedrooms) granted to 500 Huckins Neck Road shall terminate if the property is not used for the Tranquility House program or a substantially similar program for persons with disabilities. (2003-02161hudagree3J 3 L #01-03-0411-8 5. The Complainants agree all sober house residents.will execute an agreement or application to participate in the Tranquility House Program or a similar program at the property. 6. The complainants agree to withdraw the Federal Discrimination Complaint filed with the U. S. Dept. of HUD. As directed by this Agreement, any required certifications and documentation of compliance must be submitted to: Office of Fair Housing & Equal Opportunity US Department of Housing and Urban Development 10 Causeway Street Boston, MA 02222-1092 (Signatures on Page 5 follows) [2003-02161hudagree3j 4 #01-03-0411-8 SIGNATURES Datelx�_Ie'41 ussell J. A /rOibald, Conciliator These signatures attest to the approval and acceptance of this Conciliation Agreement: For Tranquility House Inc. (Complainant): BY: Date Edith White (Complainant): Date. `� v By. Ed-ith White Complainant) For The Town of Barnstable, Malssachusetts (Respondents): By: Date John C. 'mm, Town Manager By: Date 1 3 � Thomas McKean, Director, Dept. of Regulatory Serhicets, Health Division For U.S. Dept. of Hou 'n r �Depment (the Department): BY: Date 1 �le y Marcel 0. Brown, Dire or New England HUD, Office of Fair Housing & Equal Opportunity (2003.0216\hudagree3l 5 Town of Barnstable Regulatory Services Thomas F.Geiler,Director ' '" MAS& ' ' Building Division 3 q i6 0 jp 9• �fD MA'S p Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 C®MPLA.INVENQUIRY REPORT Date: 1-:2/ w� Rec'd by: � _ Map/Parcel /P Complaint Name: Ma p �� 9 Location A Address: o �/ �� �l 1..Q� Originator Street: Village: State: Zip: Telephone: Complaint Description: r ll FOR OFFICE USE ONLY _ ( l Inspector's Action/Comments Date: �� �� " o _Inspectorl~J . d S 0. rN 21r- Additional Info.Attached Q:forms:complaint Town of Barnstable Regulatory Services TOVIN 0F BARNSTABLE Thomas F.Geiler,Director 2903Y 2 Z ► M B" MASS. Building Division v nss. mp g � s6gq. ♦0 AtEp MpgA Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 - i>s'�iSiO� Office: 508-862-4038 Fax: 508-790-6230 COMPLAINUINQUIRY REPORT Date: Rec'd by: Complaint Name: Map/Parcel 3 Location Address: Originator Name:- Street: S , G> State: Zip: Do Village: ./3 2 Telephone: ( � ��— 4 a o— Complaint Description: 4-10a—je FOR OFFICE SE ONLY I Inspector's Action/Comments Date: - 2 (J 0 3 Inspector: + 1 3 ��&4 ��ev e GY e a� Leo. s C,n C,yA-m 2.2 Additional Info.Attached — Q:forms:complaint i II-S C CA 124 D. Home Occupations shall not include the uses listed in Section 4-1 . 4 (1) (P) above.E. The Zoning Board of Appeals may permit the Home Occupation to be located within an accessory structure located on the same lot as the single family residential dwelling unit. F. Approval of Site Plan Review is obtained. G. The Special Permit shall be issued to the applicant only at his or, her residence, and shall not be transferable to another person, or to another location. (4-1. 4 Added by Town Council vote on August 17, 1995 by an 8 YES 2 ABSTAIN roll call vote - item 95-195) . 4-1 .5 . Shared Elderly Housing The zoning board of appeals may grant special permits to allow for the use of structures as shared housing to provide care and shelter for persons with special needs due to age or disability. ' Said special permits shall be issued only with respect to owner occupied single family residences to be occupied by not more than six persons not less than sixty-five years of age or in approved instances persons of lesser age in need of special care, in- addition to the family residents in the dwelling, and shall be conditioned upon the maintenance of proper licensed status as a shared residence under the laws of the commonwealth, and upon such other requirements as the zoning board of appeals deems appropriate with respect to safety, parking, screening and other amenities designed to mitigate the impact of the use upon the neighborhood, and may be conditioned as to time and ownership in the discretion ,of the board. (Added by 11 yes roll call vote of the Town Council on 412712000) 0 _ Y .•.gyp .. Town of Barnstable °Fz"E ram, Regulatory Services. P Thomas F.Geiler,Director 9B MASS. 'a Building$ 9. Division ib3 10�iOTE a Tom Perry'Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 = z Fax: 508-790-6230 COMPLAINVINQUIRY REPORT Date: ..: Rec'd by: Complaint Name: a ( In I,UVl l e Map/Parcel 233 029 Location ff II -- Address:��OO Originator Name: a �_ Street: Village*- 4('Z L State: N Zlp: Telephone: G g S / l 7 Complaint Description: ) inn FOR OFFICE USE ONLY ' Inspector's Action/Comments . Date:' inspector: p ^ n , . , x Additional Info.Attached g.` tf;r or �"'VMMAS R. RUGO Zn�3 JUL P Attorney at law 3 55 720 Main Street Hyannis, MA 02601 508 775 1171 July 11, 2003 Town of Barnstable Building Commissioner 367 Main Street Hyannis, MA 02601 Dear Sir or Madam; This letter is to inform you of an unlicensed lodging house at 500 Huckins Neck Road, Centerville, MA. Yesterday I had an immediate response to a message I left to Mr. Jack Fitzgerald of your office regarding this property and the alleged violations. Mr. Fitzgerald informed me that he was aware of the concerns, that he had been inside the property with the fire department and that it is legal because the approximately ten adult men residing there are exempt from local zoning under chapter 40A, section 3. The inspector informed me that the single-family house, which abuts my property, is now a group home consisting of adult men suffering from addictions. What kind of addictions? How many people reside there? Is there a contact person or house manager? Are they under any state or town rules and regulations? Under Mass. General Laws chapter 40A section 3 towns shall not discriminate against a disabled person. Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination. The law does not define disabled. The statutes language is directly from the House Report on the Fair Housing Act Amendments. A thorough review of case law shows that the State Supreme Court has made no holding on the question of whether recovering addicts are"disabled". Moreover federal law allows exceptions to the exemption if there are hardships or the direct threat exception. In addition to the fact that there is no case law on point identifying addicts as disabled there are two other possible areas of law that this group home may violate. The direct threat exception would likely be a potent tool if the addictions include those addicted to sex and are required to comply with the Sex Offender Registry Law. Also, the hardship exception may be effective by the fact that this residence abuts a wetland, the drive way and now the parking area for ten plus trucks and vehicles including a commercial landscaping truck and trailer is less than 10 feet from the wetland and runoff will occur eventually chocking the eco-system of the wetland. This wetland is home to many, including thousands of peepers. Hardship is effective as well when the use is contrary to the intent of the current zoning and affects the quiet enjoyment of the neighborhood (see below). The number of tenants is excessive and inconsistent with the neighborhood; the parking situation is also inconsistent with the past use and is now adding undue pressure on the abutting wetland. This residence is proving to become a nuisance to the neighborhood. Last night at 2:30 a.m. there was a loud disturbance which went on for at least 20 minutes, a women was screaming and the noise persisted. Conversations can be heard all night, people coming and going, up to ten or more cars coming and going at seemingly all hours. The residents at this house are not disabled and thus exempt to the,zoning laws. The residents all work, they are not incapacitated by illness, injury or wounds nor are they physically or mentally impaired. The property owner is motivated by profit on the backs of my family and our neighbors. Please enforce the zoning and inform me at your earliest convenience that you intend to do so. If you determine that this is a legal use please inform me as to what legal basis you rely on in that decision so I may seek judicial relief citing the towns position. Very truly yours; Thomas R. Rugo Cc: Town Manager, Town Attorney, Conservation Commission r R2/2.9/1999 08:54 5087594682 SIMCIK PAGE 01 i a Tra y nquilit Houses Inc. P 0 Box 803 Pocasset VIA oz559 Cell phone: (508) 361-4388 Office phone: (508) 759-2138 Our FAX number: 508-759-2789 Date-- A�( Plumber of pages including cover sheet: TO: FROM: FAX number: d 9C4 REMARKS: Ur ent For our review RE-ply ASAP Please Comment CONFIDENTIAL I M2/1j/1999 08:54 5087594682 GIM01K PAGE 62 kLq Tranquility Houses Inc. A non-profit 501G(3)educationa1"corP oration P O Box 803 Director of Housing ;(508) 361-4386 Pocasset MA 02559 Office Phone; (508) 759-2138 Fax: (508) 759-2789 F July 22, 2003 Jack Fitzgerald, Building Inspector Town of Barnstable Regulatory Services, Building Division Town Office Building 200 Main Street Hyannis MA 02601 Via FAX (508) 790-6230 Dear Jack, I am following up on conversations that we have had about the sober house at 500 Huckins Neck Road, Centerville. I will attempt in this letter to re-cap the material covered in our conversations. The house is part of TranauilitY Houses Inc, which is a 501(c)(3) organization recognized by the IRS and incorporated as an educational non-profit organization in Massachusetts. The mission of Tranquility Houses, Inc, is to provide assistance and education for people seeking recovery from substance abuse, alcoholism, addiction, or related disabilities. Its mission is to assist people in their recovery by providing education and supportive congregate living arrangements ("sober houses"). You and FPO Martin MacNeely came and inspected the house in June During that visit, you commented that the house was clean and that we had posted plans of the house, but you made some suggestions. You notified us that the drop ceiling in part of the garage was inadequate, given that it is under a bedroom. We replaced it with an appropriate ceiling (with sheet rock, etc.) Mr. MacNeely notified us that the fire extinguishers needed to be mounted no higher than 5 feet and we moved the fire extinguishers to comply. He advised us to hold fire drills and % complied. You asked me to call your boss Tom Terry and I attempted to do so. When he did not call me back, we both assumed that he preferred to have you, Jack, handle the matter. Tranquility Houses Inc. a 02/23/1999 08:54 5087594682 SIMCIK GAGE 03 I also followed up on your advice to me about going to the Zoning Board of Appeals. I called Town Planner Art Traczyk. I spoke with Robin Giangregorio, who advised me that our first step would be to go the Site Plan Review Board, and secondly to the Zoning Board of Appeals. I was told that we will need 6 copies of an engineered site plan and that we will need to hire a civil engineer to do the plan. We are in the process of doing that, and are trying to find the money needed to- hire an engineer. Because we are a nonprofit organization and allow men who are too ill to work to stay at our house for free, our"income" is limited. Therefore, in terms of complying with the requests made to us, we have prioritized in terms of money available. We had fire drills, starting immediately. We moved the fire extinguishers immediately. We fixed the garage ceiling as soon as we had money for sheet rock. We also understand that the house has a septic system suitable for 6 bedrooms. Although it may seem simplest to ask men in the other bedrooms to leave, we are hesitant about throwing men out in the street. Because the septic system is new, we are investigating other options, such as having it enlarged, or having a system by which it is pumped out regularly. We assure you that we do intend to comply with the reguirement on septic systems and bedrooms During your site visit, you also suggested applying to the state for an application for a group home, We followed up with Russell Archibald of HUD in Boston. He assured us categorically that this is NOT required. (It was Russell Archibald who was called in when the Town of Falmouth issued a cease and desist order against sober houses in Falmouth; the owners prevailed with the help of Mr. Archibald.) You also commented that it would be helpful to learn more about the Massachusetts statue, which governs educational nonprofit organizations in terms of zoning. While most people are familiar with 40B (the powerful statute on affordable housing), most are unfamiliar with the equally important statute 40A. It is 40A(3) that says that zoning ordinances and by-laws may not restrict the use of structures for education purposes on land leased by a nonprofit educational corporation. By consulting a real estate attorney, we obtained a copy of Massachusetts statute, Chapter 40A, section 3. This supercedes town zoning ordinances and by-lags. We attach a copy,of the statute and also quote as follows: "40A § Subjects which zoning may not regulate; exemptions ,...... No zoning ordinance or by-law shall regulate or restrict the interior area of a single family residential building nor shall any such ordinance or by-law prohibit, regulate or restrict the use of land or structures for education purposes on land owned or leased by....a nonprofit educational corporation......... U-2/2,3/1999 08:54 5087594682 SI.mcIK PAGE C14 Local ...ordinances, by-laws... shall not discriminate against a clisabled person. Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-reiated persons with disabilities that are not imposed on families or groups of similar size or other unrelated persons shall constitute discrimination." Our attorney noted that the above statute is often referred to as the "Dover Amendment." He also included copies of a few state Supreme Court case notes and he noted: "The State Supreme Court has consistently interpreted the "Dover Amendment" liberally." He said that in hundreds of attempts by municipalities to restrict the stature, in only three cases did the Supreme Court agree with the municipalities, One of the cases upheld in favor of the statute is sited near the end of the enclosed copy: " Proposed use of barn by mental health association as residence for three mentally handica ped adults was protected use for educational purposes,. You commented also that officials of the Town of Barnstable may want more information about what we are doing, and I enclose it here: Tranquility House is a non-profit sober house for men who are serious about recovery from addiction to either alcohol or drugs. Tranquility House welcomes applications from all men who are serious about recovery, regardless of incarceration, race, HIV status or gender identity. Tranquility House provides a recovery environment where Twelve Step sober living and weekly Twelve Step meetings provide an essential part of the treatment of addiction, Tranquility House does not tolerate any drag use. We understand that a neic ihbor recently complained that men were outside our house at 1:00 am and were using loud inappropriate language. We apologize for this and assure you that we will correct the situation. This is completely against our House rules and will not be tolerated. We are immediately following up with our live-in house manager, to ask why he had failed to deal with this situation. We will either assure ourselves that the men involved will never do this again, or we will ask them to leave immediately. I understand that you and a representative of the.Health Department will be ° coming to our house tomorrow, July 23 at 2:30pm. Arthur"Sonnet'" Mansfield and I will be happy to meet with you. Very truly yours Edith White 02/23/1999 08:54 5087594682 SIMCIK PAGE 05 '�JT'�%Zi�A.i. "::�;VF:TdJE "•ERVI(,;F ,.. " , Box 250,8 DEPARTMENT OF THE TREA.SUR i' CINCTINNATT , OH 45203 na•t� �(� OZ ?Q�� Emp.loyet: Identification. Ntt.rgt;er 74--3073490 DLN: 7053056078023 TRANOUTLITY HOUSES INC contact Person ; Ci0 EDITH WHITE ALETHA BOLT ID#i 75501 PO FOX 803 Contact Telephone Number: POCASSET, MA 02559 ( 877 ) 829-5500 Accounting Period. .Endina: DECEMBER 31 ,Foundation Status Classification; 509( a) (2) Advance Rulirtg Period Begins ; DECEMBER 9 , 2002 Advance Ruling Period Ends: DECEMBER 31 , 2006 A(30ead.um Applies : NO Dean Applicant : Based on inforpiat-ion you suppiiecl, and assuming your operation rs will be as stated in your application for recognition of exe111ption, we have aetermir,ed yUtj are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an orga.nizat.ion described in section 501( c) (3) , Because you are a newly created organization, we are not now making a final determination of your fourld.at ion status under section 509(a ) of the Code . However, we have determined that you can reasonably expect to be a publicly supported organization described in section 509(a)(2 ) . Accordingly, during an advance r•ul.iny period you will be treated as a publicly supported organization, and not as a private foundation This advance ' rul_I.ng period begins and ends on the dater shown above. Within 90 clays after the eno of your advance ruling period, you must S6,Pd us the information needed to determine whether you have met the require- ments of the applicable support test during the advance ruling period, If you establish that you have been a publicly supported organization, we will classi- fy You as a section 509(a) (1 ) or 509(a)(2 ) organization as long as you coiitirlue to meet the .requirements of the applicable support test . If you do not meet the public support requirements during the advance ruling period, we will classify you as a private foundation for future periods. Also, if we classify YOU as a private ,foundation, we will treat you as a private foundation from Your beginning date for purposes of section 507(d) and 4940 , Grantors and contributors may rely on our determination that you are not a private foundation until 90 days after the end of. your advance ruling period . If you send us the required information within the g0 days, grantors and contributors may continue to rely on the advance determination until- we mare r Letter 1045 (DO/CG) 02/23/1999 08:54 5037594682 3IMOIK PAGE 06 Information about mass statutes 40A§ Subjects which zoning may not regulate; exemptions ....... "No zoning ordinance or by-law shall regulate or restrict the interior area of a single family residential building nor shall any such ordinance or by-law prohibit, regulate or restrict the use of land or structures for education purposes on land owned or leased by....a nonprofit educational corporation.......................... "Local ...ordinances, by-laws... shall not discriminate against a disabled person. Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families or groups of similar size or other unrelated persons shall constitute discrimination." Attorney John White noted that the statute 40A is often referred to as the "Dover Amendment," He also included copies of a few state Supreme Court case notes and he noted: "The State Supreme Court has consistently interpreted the "Dover Amendment" liberally." He said that in hundreds of attempts by municipalities to restrict the stature, in only three cases did the Supreme Court agree with the municipalities. a . } 02123I1999 08:54 5087594682 3IMCIK PAGE 07 40A § IA CUIES, TOWNS AND DISTRICn constitutio:aa! powers of cities and towns to genera[ welfare Of then •resent a protect the health, safety and r� and future. inhabitants_ Zooialg admirtist.rator", a Person designated. by the board of a ant to section. thirteen to assume certain duties of said board, ppeals purse. Added by St.1977.c, $29, § 3A. Amended by St,1965, c. 637,§ 1; St.1987, "tsaMIC01 and Statbaary ld'otea St.077, C. 429 § )A,aft emxs enc apArored Axe, 2..0, 19'7, g y act, was telcd ""atull moan'' yrocedin� „ beard it SLIM, c. 03-7 IhC definition of Special petmt;grapdn i n,�the d t AP, rmcd Dec. 23, 1985, 't3, substituted '•admjgietrrtora" fur g author, ef}tiitivna of Satar�tcCoer and Se trator'•; in the dcfinjtion of �ati�fs. ` tar enargv eyseem. ued in Zoning,deleted `aa 3t.l937,c,bit5, ' chayter, zhall triton'• preceding § 1,+tpprvvad Jan 6, 198l,in edminieAc6$'I,; and in the do tttien of 7.snir 5 ffie deAnition of Psnnit graruing authority, de. a persov„ ddote4 "shall mean' Dre.ceding J Croaa 1<teftarencas AAPIich s ca cettiftcetw ui w➢Wvpriatenea9 a lnslry,�enq restricting ittAtaUation or use of+Dior far+vier ciAergy syatauns.ace C.energy systems,see c. .t84,§ 23C. 7. 23C. Zvnirg Md Plannin ow lfbss;ry �ferences 1 WtMAW Topic No..414. C,d,S:Zoning and Lard Planking$§a.5 to 7. �. Repealed by St.198T, c, 685, g 2 Hletorical and State � St,1 A87, C. 465• �' Note*2, MP04841 this aeeuon, was approved 7dtt. 8. l988. *+pooled teCtlGtt,derived fro gOR, 4 3, related to x ciat ' 6t•i 97s,e. � dwdoynnertt. � Prs=uiss for cluster § itubj®elat+ ttcft zoning temporusy mstttufset maY ittot g►z{latc; "EMPtiottw; public heoringtx; � .. J No horg ordinance or metho4+ of cnns or by-law shell regulate or•ttred horx� reaideacets restrict the use of aJ etlart of structures regulated b the materials, nor shall any such ordinance or by-law y state building code, require a spacial Permit for the tree of prohibit, or the regulaw or •� !t agriculture, horticulture, floriculture, or viticulture; nor Prohibit, opueason- • C ably regulate, or require a epwal perrait for the use, e,xpartsion, or rt'constnta tion of v7dSting structures thereon for the prima u r horticulture, filoriculttire, or viticulture, includin taro e f rpose of agriculture, produce, and wine and 8 acilities for the June, July, q dairy products, provided that during sale of .� ugust, and Septetrabec Of eve the months of for sale, based on eith¢r every Year, the majority of such product, the owner of the land, On whfrht he facilityy is or otacate h4kVe been nthaoduced by all auch activities may be limited to parcels of more than five acres in area notttoned for agricultiur, hcrtaculture, floriculture, or Yiticudturc, For such ta. divideQ by a public or prl4ate way ar a ;,ararltU p rposes, land . 8 y shall be construed as one 02/23/1999 08:54 508759w 4682 SIPAG'I< F,^,uE 08 r."Ar_ i STRJC7S no ZONING 40A $3 safety and Panel. No zoning ordinance or by-law sk-all exempt land or. stxu.ct.ures from flood plain or wetl"s regulati.o.ns established Etursuant to general law. For sals purse- the Purpose of this section, the term horticulture shall include the Smwing and peeping of nursery stock and the sale thereof. Said nursery stock 3h211 be c 683, 5 i. considered to bo produced by the owner or lessee of the land if it is nourished, maintained and managed while on the p.rcamise,. / No zoning ordinance or by-law shall regulate.or restrict,the ir:tcrior area of e trig author. singly family residential building rzox shall any such ordinance or by-law sting author. or +dmints,"*o praltibit, regulate or restrict tb�c use of land or structures for religious purposes detetea -no or for educational Purposes on land owned or leased by the commonwcalth or ` p`e`oning any of its agencies, subdivisions.or bodies politic or by a religious sect or ,n �f ZOrfln� t•' preced4,e denomination, or by a nonprofit educational corporation; provided; however, that 'such land or structures may be subject to reasonable regulations conczrn- ing the bulk and height of structures and determining yard 'size->, lot area, setbacks, open space, parking and building coverage requirements. Lands or structures used, or to be used by v public se.lvice corporation may be exempted in partieyfar respe"s from, the operation Of a zoning ordirtanec or by-law if, upon petition of the corporation, the department of public utilities shall, after notice given pursuant to section eleven and public hearing in the town or city, determine the exemptions required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or wo.lfik , f the public; previded however, that iE lands or structures used or to be used o Public service corporation are localed in more thRn one municipality such _i lands or structures may br exempted in particular respects from the operation of any zoning ordinance or by-low if, upon petition of the corporation, the St.►975, department of public utilities shall after notice to all.affected communities and ' (or c1u°t°` public hearing in one of said municipalities, determine the exemptions required and find that the present or proposed use of the land or structure .is reasonably hearings; necessary for the convenlcnce or welfare of the public, No zoning ordinance or bylaw in any city or town shall prohibit, or require a tlateriaJs, special permit for, the use of land or structures, or the expansion of existing ing code. Muctwres, for the primary, accessory or incidental purpose of operating a child gulate or care facility; provided, however, that such,land or structures may be subject to Irpose of reaa)nable regulations concerriLng the bulk and height of structures arrd deter- aireaaon- mining yard sizes, lot area, setbacks, open space, parking and building cover, c(M..struc_ age requirement. As used In this paragraph, the term "child care facility,* ri•-ulture, shall mean a day care c.eater or a school age child care program. as those tCTMs le sale of are defined in section tune of chapter twenty-eight A. tonths of Notwithstanding any general or special law to the contralw, local. land use products and health and safety laws, regulations, pract)ccs, ordinances, bylaws and duced by decisions Of a city or town shall not discriminate against a disabled person. _ all such lrtrpoaition of Jhealth and safety laws or land-use requirements on cCtagre.gara� caned for hying arrangcments among nor,-related persons with disabilities that are not 4ca. land irnposcd on families and groups of d as ane constitute 'similar. size or other unrelated discrimination. The pro persons shall visions of s ptragraph shall apply to even: .� ' O ffi1/LJt`I`!&_-i 08:54 5087594682 SIhACIK ,. 10-17/266"c 1t�:49 F0e�d2492i2 PAGE 09 JSW►ii7'E6W PAGE 0 C1S ZONING '64• ftelYrtiou■ pt+t7loet■, tionr-i�,g, eral statutory ertemP zonin ° � «4 Pro• Dover Amendment restric�p 8 rdinangEa fo. PerniNO* 27p le o! 3d oas ws cont" tend ar�tu ct Se,used•f� �orpomtion of r relfPoue Aurpom, nM Jana h.Ct. d r'Poaes a )'resldin ■i'tin u. .1110. build WI atee pphed to Church's dec oh er "u8 Christ o1'Latter L' 9 Aishop of Cby sA of.lQ. whole' Aie °ti khple; the ettuCtr to 131,484 M 'V'main 6 rV171)"raj N, Naa uses tta sae,141.steeple did not ham an Pyre,even+f tAe Conalde ing r°1 fot Martin v. (orpiratiun i�fepeade,tt reb ooa Wk. hcit;ht raeYictirn Lrev• d 40ban8 bydaw'a Wit Church of Pr'eamr, i, PIe'a rtidgi°lie was/afrteea }taU7aahed a kYa• 747 N.$.yd lase Christ of 14lter AaY s bW(-00J) eww W° narzvw untlPr:}a p AY i�ad ued 434 Mama. to a etryeple Lech element or road'zonI or dinaheas aa�b • menJtncnt re )ays art indePettdBnt.re, (tvclaux.need not Pstrnittin ctu ua®d top Poll n�e�'0ncerning en by the Dater Amen' 07t rewtrictbt ) ohr-ted Aor $reaaonetiie ttNle+tione A�+rDie1° but lbr 'q wlawa concH►tJTIE Jud 1�Wing ordi- b11 f 144 3, ding Bishop of Church Cor- J°e matt +eI,�PLg PurPoeeaa rq rtrvcturt5■ ($4 JIC i�eY Sainte(p1lU Jesus 44 r!e.VOy,pee d the etrUctOrB lie wehole e� eanetnj. W, tit. •)i37 N,E',!d 131, 'Ul�aea. Maatin v C mar u ed for Uueationa) A�v Ur e2 of.Church of Jean"Cdr�n of Pro- tlenw. purpo.es, stela y .adi ( t101)747 N.E.2d of Latter x ruRte -- I �o xe de T'cli$fo;►e doctayne i±n, t31,4a4 XW*.14 , "S2yi ° T ttt,� Co Iq �1► t`' e...OJ cr irt, ct the definin t `�2 N.., I C1ty of U-1for J hd A ed�G�'thP over anins �buildingP�d tnpat!r 7 n vad„ a)efMntr;81e N.E 2d 43a, le Maas' of ter of s rso ' uureaneea and by.loxaec� CdinOatrietfn$0 7) Z u9nahle rNNlatdeas S sad.r IV)iIIioua p;, � as land or scree e�fireatiotra)porpoaee wndtted, Poraflon of ai ing aloneOd r `�'inv,of v C mp eJ1nv. L"itl' f oun l s atutory eacemp. of 434 Afa■,,. 141. ) � V E.2d)dl `OuS trt r, (JS ¢. b8i 53 Neya-APP•C.;t, ?fu,r@vCyy 9Zi $d :g4.t, .. tiderd 01 rsli i ■lklmed -nJ pMMam. 1103' bnain oJumE,. PraviQw t eve par 41b Mane.472, d to part D+d N. E2d d w►.rn rli to 2 445, ns7' zonln$o din"014M t bj"j.Jrnem ihet Grov )and Cr atruct4hetl seed(� Dy�aUB eo Pusaa t P r�aidenCes• rdUcation t+iat tali nvsn>ing C1441 , tetutQrY exam t s) par. 2 JhdtfieS,"bv�d kava sores glota Psrpoeve.the 1rdeA u. City Coun•aaof f lone once dared tvh t a cherscterg ''aMOCUoryt+vaudd h 4r comp);. SS 'N ,32 moow,Apa?Gt,l�l m 1pWqq2) Fag6 account the sqf a`huroh E¢mPle while toting, arBrmed. 6,8*4a .sae. 11 +'anted risl chaaaetcr;rt; of alb n td do p9' imam olumej°x Maxtan v.Corgpratioa of !ta examp hlaAe, Part r 16 1\F,. Ch�rth of tsau■ l'ktJ yin , 09 i�!loeed `d 4ta, 747 N.F.2 Clrlat of G■tterpa $ eit,i b d ie"l,4A4 11 w,ml. Y Sdnto(20.Qj) 40M M rsoidetrce for Y mental hra.Ith aaevas• j JrC�, Ytia 6, adults w �'rae men _F —" ►Agnioi lie Protects ea v Nandi poses P� CO'�ern, telleioas Pur• *thin meaning Of eta tnroedUeaf�'pnal Pub srs. R'a'd 4PPtieatfcn "vm using lecatl aorNng teWr'„to Ring lnen)ofdcta)e w S eLr,et0�to h v;Main$ h3Jewa A ' otX'anitrtttnne Froru u ' Want edueatfnh,d 7`'' ate;of th a arch a.44110 would in, eight "e- poaeo. a+ng land tot edc ai!°na1 Pa cor4Cet11 mPla withcut advan Paat�e char- and ftequ-sa v, t3rWor >•t^sn M.enga F"rr lover ,�etefore, way Cmg aaly tn4aici• 421 h.&".lttd: Asa n, Ins.(I4i )$a N,g Zdtj4 l p �'to S✓ad �andment pmh)biteti by the► ticr9. and by-lam soh �atXfeting Lonfn ,^e "40U.N sepetaj a u erdfrwhces 278. Cowerr,tnentat Aurpo■aa butt ■nd yr atruatureb used for ttary tunCtioh, ■tatutury eaen,F_ �RI'I "auona cornetrin h Detu ttinb rceRonsh)e Re ale with i $ rdght; the chars '� giPsat alesmahip authori ` a tc, to steeple encom r tar of the Po ta'aan from rnalnizn ty pravief t t Kure beway lie well 1 a�aad both Its"ebj, Aublae ?netrt" �to 4014 u a w- h .r$ h4rch of eCaae as t'relid'S avtnbo)ism performed a 8'�yernml nod by G¢�islatv,t�e, aratjpn o �ntl,d ~ t l N,,- C heist o!f,atter)�a nL �ishoP of M"Ild 41to e$reaa,Y"�krr jean 1 function when it F-d Jai,43a Acaae 1a1: y Saints(200)) in wder to ptntide w 2ro s. _ °ti)is(rg its gerj a¢kend Parke torPr rtY First Atne drnen Nefta*ly,rBldgteyB put'lloece Wi'70th ouchfe,with Joe alrezoning 1nd ;�v1aG not ragytre 1�infn&whether thv 11�trd Jvdgt fr"r,, dctet-' ?tit o lima nss in c o R,rat r N-02d 1 1`own et marne,v. onrakctaD psnf 1 sture on a tem °f a Yartdculer wohi- ,439 Matt.2i e,, f!#t' flyl�l aular reldgi°h slid t A)a wa; »cces�ry for a l+n tnity prom rauniri as cUle was news ht NrVre, wheththt er a tan which p er�T6J'ed by I' p sonin� h lad 1 ltwts rmm d by the v� A-r�endmeAtr J*Oiri nd ��£unctfreo,71 zn pe�rrningt„n"z aP� roged by of mehta nc sorts beyond the tnsv r,yal l t!lttttior. VVOMMn� 9 cover action r'4'-orahJvatove..d rflatrd ,02/28/1999 08:54 5087594682 SIMCIK PAGE 10 s 40A 3 CITIES,. 7'OWTVS .A.niu DISTRIC15 b:il nOt h-,wirl ti-) '.jle CIt�- of RQ-,clr. ajid 11re Famtll lay rpt'r II-ric as defined in .ec•tion nitir r>f chapter, tv,'rfitv.,:-jKht A. ;;:•t•dr )f1at.1 be an Aj1uWabl4e Luke unless a :itv or tilwn prohibits ,)r 5pr(jfi4�aliy r'egu1zte5, stwh , sr in its zurling ordinances or bµlawg Nv pre-,sic,n of a ron.ing ordinance ,.r by law :shall be valid �Ah)eh 5.0 i:(lurt i rely Le Jlstricta by sae boundary line which rnap be changed wiO,uut adoption of a„ " J. - St ' utnendmen' to 'hc lOtlin qI' marce ur b)'•lhty No zoning ordinance or by-law sh:%li the owner and clrcupler of 3 4 tcsidence. which hat- been destroyed by fire or ether natU12t1 ;1c11UrallS( , u; ylAcing A marlulfaett red horse on if)e silt' of such residence and residing in such home for s period nest to exceed twelve month% While The resitltnc'e t1q beilie, f r�6uilt, Any s,ich mani iact-ired 'noise shall be stibject t0 the pruyistvns of the t tntr sa.,.11, i ::ode No dimcrswr,41 lot reu{t ircrsie>t ui a zon nlh utdinanrc u.` by•Ita.• i::.qudin ;< 5ttt not lu:nteti to. set back, front vard• .idr yard, rear yard anal CYrn sl)ace ` �. •.a.: . ,hall apply to tlIIhdlcappNd access tamps on private propCrty a;ctl sole!}' for the pu`puge of facilitating ingrem or egress of a physically handt:.-4pp(d per,,vrt, r.. defit)ed it, st;mon thirteen A p(chuptc:' twenfv twit. do zod:ag ordinance ur by-law shall prohibit or unt'casonttb!y rigulat_ !t,r_ _•., F,..t;. tt:yuiUation of >c,lar ever&)! svatems ar the building of s ( ,ta.,. tnletures t i]t fti,;litate the coilrcal,r. of >ulat erlrrgy, vAccpl WRet'f :it---cessdh to p rcte c.t :he • - hr kith, late rb' .'r N.ClfHre Added bt• St lv73. r 408, ? 3 Airletldcti by SL 197'7 t ;-: r. sGO. St l9g_ c art. S tyyt. r 37. § 1; Si 1987, c 1.91. St I9B9. r lt?0, 4 1, St Jyk.y, t•, 111. 9 1 I ` �:t t9iJ >9G; St .y90, c �:1. 9 St 1991, c 481. 5 n St t993. Nli orlcal And Statutory Notes 3t.a set) a.alrv\cdt)ec it, JIM. add• lr.1469,.c 341 4 ff'. ur, <tlir.renty .,t r.. cd the fuumh, ir.ow atvtr,", ptirarmph aprlowd Aug. 15, 1959. ut the third 5t I'W: c AQ >ppr,^Td April 21., i9A? it,,ltre iuunhl p■r;kgraph adQvJ 'ile tiutJ vmenCc fit'st Parafrttph,in she firat sentence:subteiec a', St.19t19, e. �90, app:•vYrd tiro is 19,Iv, a, flurtCv:are. or Ytuel,lture for or (lodes:! tint paragraph, in Lht!.IF it scnton(tt. .LantiF�tt,1 m.ie* in hrrc places deleLed 'shall they" pre. or rec?k ■spe�:,,l permit for the utr r,.pan• ctd:n` ' pnrh!bit u: �wrea.sonabiv' ■ad msxrtat ason," fn,r "the expusk�,'. "pn•at.fed that Our• r` ',r"judI.Ag three facilities for the sale of prri- Iris the M:Itltho of rune. 1%Jt kiguet. ,I'd Sep . "tc du,:t, arid nne and raa•.ty pro6cta insofsr a.a tember of cvtry veer,the my jOrih'ni svch ;n,d- majority of at:h pepdtd0.% for sale have beet ucu for silt, based Oh either gross axle. prod".t:by the ou net of.the tend on which the or ,•vlume,' fnr "visofnr a► a n,:)orn u; „Ie 1, ? .;••o; f•c:l;ty is located," prod:icu fc,r .ale'', and arts- fpr St.l9A3 c.P. a}pr�.cA May 10. '9A1. adeled St IvvO, c Sit, 4 apnrvyed ,Im'. ?, j,:91. t r Liu fifth ',now cig'nth) pti.ragr*1'•h irutrted the Ihtrd paregraph ;}t 19AS ; W 6 2. oppr+,ved ()r: _'t ;OA t:. :'tc Chic! Y Ul 51 199C. i ):l, p:r,'-:&, eYde.J the qp,;h y�,nErapti. r:ii�•lhsiand:nd rni trne,el yr ,'rile°Fa'x 5 IV tht contra_ ;+:. •}`l:rmcti ;,:n4 40 19„ In r5' the teen '•u•' city r,r ;•�,h91 ,ia r.. - .: a[rted the third IhCY, fifth',p,r,g-sph u,ctd II, etC 1WIJ tWO i,rd tnrce nt t_his ate a:,d - ..ovt•ir .. tba tares tales and to, r,5 s used 'n sr;t.:,n ar+pro,ed Junt 5. lsti9: rioe:,ftAi. 8(t.hall inclt,tie,eve:v=r ri:r+•,v fvurlhl ,artjr1tIh . corr:mgncvtalsh ,f the err r. " :�,'- f THOMAS R. RUGO Attorney at law 720 Main Street Hyannis, MA 02601 508 775 1171 July 11, 2003 .03 14 P 3 9 Town of Barnstable Building Commissioner 367 Main Street Hyannis, MA 02601 Dear Sir or Madam; This letter is to inform you of an unlicensed lodging house at 500 Huckins7 Neck Road, Centerville,'MA. Yesterday I had an immediate response to a; message I left to Mr. Jack Fitzgerald of your office regarding this property and the alleged violations. Mr. Fitzgerald informed me that he was aware of the concerns, that he had been inside the property with the fire department and that it is legal because the approximately ten adult men residing there are exempt from local zoning under chapter 40A, section 3. The inspector informed me that the single-family house,_which abuts my property, is now a group home consisting of adult men suffering from addictions. What kind of addictions? How many people reside there? Is there a contact person or house manager? Are they under any state or town rules and regulations? Under Mass. General Laws chapter 40A section 3 towns shall not discriminate against a disabled person. Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination. The law does not define disabled. The statutes language is directly from the House Report on the Fair Housing Act Amendments. A thorough review of case law shows that the State Supreme Court has made no holding on the question of whether recovering addicts are"disabled". Moreover federal law allows exceptions to the exemption if there are hardships or the direct threat exception. -• In addition to the fact that there is no case law on point identifying addicts as .disabled there are two other possible areas of law that this group home may violate. The direct threat exception would likely be a potent tool if the addictions include those addicted to sex and are required to comply with the Sex Offender Registry Law. Also, the hardship exception may be effective by the fact that this residence abuts a wetland,the drive way and now the parking area for ten plus trucks and vehicles including a commercial landscaping truck and trailer is less than 10 feet from the wetland and runoff will occur eventually chocking the eco-system of the wetland. This wetland is home to many, including thousands of peepers. Hardship is effective as well when the use is contrary to the intent of the current zoning and affects the quiet enjoyment of the neighborhood (see below). The number of tenants is excessive and inconsistent with the neighborhood;the parking situation is also inconsistent with the past use and is now adding undue pressure on the abutting wetland. I This residence is proving to become a nuisance to the neighborhood. Last night at 2:30 a.m. there was a loud disturbance which went on for at least 20 minutes, a women was screaming and the noise persisted. Conversations can be heard all night,people coming and going, up to ten or more cars coming and going at seemingly all hours. The residents at this house are not disabled and thus exempt to the zoning laws. The residents all work,they are not incapacitated by illness, injury or wounds nor are they physically or mentally impaired. The property owner is motivated by profit on the backs of my family and our neighbors. Please enforce the zoning and inform me at your earliest convenience that you intend to do so. If you determine that this is a legal use please inform me as to what legal basis you rely on in that decision so I may seek judicial relief citing the towns position. Very truly yours, Thomas R. Rugo Cc: Town Manager, Town Attorney, Conservation Commission f Town of Barnstable Regulatory Services MAn Thomas F. Geiler,Director _ Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-8624038 Fax: 508-790-6230 August 12, 2003 w Edith White, Executive Director Tranquility Houses,Inc. P 0 Box 803 Pocasset MA 02559 Re: 500 Huckins Neck Rd., Centerville Dear Mrs. White: Would you please provide a synopsis of the educational aspects of Tranquility House to Tom Perry,Building Commissioner of the Town of Barnstable. T Sincerely, _ Jack Fitzgerald Local Inspector T ?u6 1 TRANQUILITY HOUSES, INC. I A non-profit educational corporation! � Edith White, M. Ed. GCS�6 Ilk`(�J/`-. Executive Director Tranquility Houses Inc. QZ�P 0 Box 803 o Phone: 508)563-7989 Pocasset MA 02559~ i GYM �Q C�(/-�S fax.(508)563 6799 � : I _ Tranquility Houses Inc. A non-profit 501©(3)educational.corporation ^ P O Box 803 'Director of Housing :(508) 361-4388 = Pocasset MA'02559 Office Phone: (508) 759-2138 Fax: (508) 759-2789 August 17, 2003 10 0 Tom Perry, Building Commissioner Town of Barnstable Regulatory Services; Building Division Town Office Building 200 Main Street - Hyannis MA 02601 p Dear Mr. Perry: I am replying to Jack Fitzgerald's letter of August 12, in which he notified me that you wanted a synopsis of the educational aspects of Tranquility.House at 500 Huckins Neck Road, Centerville. e a - The house is leased to Tranquility Houses-Inc., for educational<purposes. Tranquility Houses Inc. is a nonprofit educational organization incorporated in the Commonwealth of Massachusetts. In addition, Tranquility Houses Inc. has been granted nonprofit (501(c)(3),status) by the IRS (see attached). The mission of Tranquility Houses, Inc. is to provide education and assistance;for_people seeking recovery from substance abuse -alcoholism, addiction, or related disabilities. Additional details of our educational program follow: • Once a week our Director of Housing (Arthur "Sonnet'" Mansfield) provides an educational AWOL group session. AWOL means that participants learn how to live.A_Way Of Life, that is, it is a way of life in recovery from addiction to alcohol.and/or other drugs. AWOL sessions are an in-depth study of the 12-Step Recovery model"of AA (Alcoholics Anonymous) and NA (Narcotics Anonymous). What,we teach goes far beyond mere abstinence from drugs. It teaches the men how to recognize the patterns in their own lives associated with having an addictive personality and,how to live with new principles, including spirituality. �Ul Tranquility Houses Inc. - • Each AWOL group is an eight-month course, with several sessions devoted to each Step. Director of Housing Mansfield uses a textbook available from NA. In addition, all participants are given small workbooks that accompany the work. Mansfield begins by explaining each of the 12 Steps. Then all participants use their workbooks and read together more information about that particular Step. Any time that there is a word that ` someone is not sure of, he opens the huge dictionary that he always has with him and the group learns about that word together. The group is given time each week to write down answers to the exercises posed in the workbooks. For example: o "list every person that you have ever had a resentment toward." o list their own character traits; this.helps the men to put a name on their feelings. o In addition, clients dorreading and exercises as "homework."- • Additional on-going discussions take place throughout the week. • Once a week, we also hold an open discussion session, designed to help the men work out issues and problems that they are encountering as they work through the stages in recovery, as they begin work at a new job, etc. • In addition, we require all residents to attend at least three outside AA (Alcoholics Anonymous) or NA (Narcotics Anonymous) meetings per week. We consider this an integral part of our program for education and reinforcement of principles. We back up and reinforce our educational program at Tranquility House in various ways, including routine (unannounced) drug testing, so to be able to ascertain if any resident used alcohol or other drugs. Tranquility House does not tolerate any drug use. ' I would also like to add that the residents of our House are good men, who are seeking temporarty help in overcoming alcoholism or other addiction: Clients include a man working as a chef at a Hyannis restaurant, a man working in the l "money-counting" room at Shaws supermarket, a financial advisor, a college teacher, a licensed electrician, an apprentice plumber, a man who is supervisor of a commercial building, a landscaper contractor, a house painter, etc. Our clients- do NOT pose a risk to neighbors. We have established good relations with many of our year-round neighbors. If other neighbors are concerned, we invite them to come and see our House and talk to us. If you require any additional.information,'please do nto hesitate to contact me. Very truly y rs > Edith White Executive Director r, 7 PIFNFN` nP "PIT—F TRFA.c;!JRY ij E I iiblij V�"1. f i ri t, J.o f.1 14 11 11 b d I JUL 0 2 2003 74 iO7349^ DLN 17105310560708023 T R A N PTJ I L I T Y HOUSFS TNC C c)1-1 f P e rs r, - EDITH WHITE ALETHA BOLT TD# 75501 P0 BOX 0-03 C On 1,a c t Tf?lPph(._)nf? Nuniber . POCASSET , MIA 02559 ( 877 ) 929-5500 Accouritiric Pe.t. jo(I E vicl i ri a DECEMBER 31 Foundation Status Classification : 509( a ) ( 2 ) Advance Riiling Period Beajj.rl: : DECEMBER 9 , 2002 Advance RUlitl0 Period EMU ,- DECEMBER 31 , 2006 AdderldUm Applies : NO Dear Applicant. : Bmsocl (':nj 11.11 r lid -j'On y0ij supplie.(I aild _V Uffli I In I VoUL OPHLAt.101'1...' W .1 S I-a ill Y(mr �at'ic)t fc -t r�ecoclrj ' LiOr Of L! a P r)I I c Oxeli-1prion ., we dPtPr. oi_-i.neij . V(_ clue exeilqcjt: f.-roill federal file a,x tliic:iet sec 10 i 1 5(7) !.- i f t h ri t, n ci 1. R P v P rl up 0 d k AS a t t orciarl-Aza t. ion, dt�-'6cr'i bed A I ri seq t j 0,() 5 1.]T I' c. ' 3 w y ea +�.,d otgaril-zation , we. •a-r- e i I f++)A yul -a:r,(j d fj e t fiow,!nfakiny a. of V o f 0 111-1 d d-I i 0 rl taLU, under: sectiOn 5091"1 " (ff ! `''' - I I i 0 v e r w ]-I ri v e,1-+"f m i d r w e ' ne that. You call. ve-asona 1.11.Y expect to be ri 1)1_1 1.)1 is I v upporte—m c)-roatoization described iri s e c t j.ori 5 09 1` a 2 A c c o i di t j q 1. u t n g ail advaf'1C(-:,- lUlirig Period YOU will be treateQ a,,-.,, a Pubili('.ily supp(..)rted cirg-d.nizat-lon , and not as a private foundation. This advance rui..Ing period 1.j(*,-u_i.rjs rind ends on the, dates shown above . W11--bio 90 JAY:' After' tht� e-11".1 (.J vour adAvelince tIA11.1.-If,; PPI'lod ., You ams". S I.-T cis t.If 0 1: 11 formation r,errdeca to detenwirie wile'lAie't yi--)u incive fillet: 1111e, l. equirp.- werits (OF- -11e aquplicab mij' p si ()rt te-st dtlriri��j the advaric t uiinyi p.P-riod - TIF yuu e'stab.1-1 -01 that.. voll have, a oubliciv Suppc)-( ted I ra -anizaCion ., we w.1.11 _a,- si I vo-o cjs a soc-I. ic.)n 509ia 'ji"t. 'I 5^gt'a. 'I (' 2 f organization as Tong cis you conti to meet tbf- (:jr, 11-.Ie applicable support. test , If you do not mfL'-i,-V I'lle publli (' SUPE)Ott 1'eqUi.'romerits dUninq the advaric-A tLOting period +, we wiill You as a ptivate foundatlion for future peiiocls . Also, if we classify you as a p.r_ivate� foundati(.-ni , we will treat you as rt prIvate foundation floll-i your be-ginning latf; for put-pose-s of Section 5077 ( d ) and 49140 , Griirlt.c-)1,s and c-o1jtrihLJt_015 Irlay reiy on Our deterniinati(Drt that you are not a pr'ivate j.v d-ays'-.after the li_-rld of _Yc)ur advance 'r.ulirig_ perio- d - 1- TITF yo'u send us tloa rocitli-ied •inforlw--ition with.-in the 90, days , grantors-ancl contrIbLil'.'01 S_ May mt I n.t.i - t'- rely onhe t a dv a n(:'+_-j detern-iination uritil. we inake rt e -o Letter 1.045 DO/co)", I f i PAGE 14 6I�J 2-1 — C/3 � C Jgarngti i T r� ..�.;�k E� \ :,:. :..'. �.^,y c,,. ;�: �^.: �Y'>"+Z` ':F.`.]..,.`,�'.' - ✓ ¢> ':3: .'r,GYEN T?r.:+ @' _��±`�",'�$ a 2 TOWN BUYER t BUYER 2 SELLER 1 SELLER 2... „ADDRESS SELLING Barnstable Stotte Rp[ert R Stolte,.SFitdey C Bates'Nt. >>, , ,Bates John S; � 25 Burnigg Tree Ln $770000 Barnstable }fannahgan Stephen Harinahgan Katnna' Dupuis Richard R Dupuis Tammy J 49<Capes Trl> $323 000 >Barnstable lfinnealey��AichaelJ r Kmneal'ey MauraH= Woodrnan Evelyn`F Mcclay Car4ikAnn 63M,rganWay $3S500t? Barnstable ;Murphy,John V Murphy;Kathleen R'. .Sarah Dix Nt.. Davis,Dtx Barnstable Macurdy,James K Macurdy,Kerry A Oheam,Thomas R 163 Percival Dr $380.000 Centerville Santos-filho,No Dos Dos Santos,Jossanan P Da Silva,Sergio-T Silva,Anderson 0 15 Gina Ct $269,000 Centerville White,Edith Roberts,George J 500 Huckms Neck Rd $385 000 Centerville Girard Donald J 163 Sean Cir FitWolf Sylwa 103 Seans Gr $225 000 !I Centervlle Gonsalves Carlos E � Russell Elizabeth J 5B3 Strawb�ry Hrl1 Rd�. $255 GDO c, Gettemile Bacchiochr Keith Bacchiocftt Kathieep Bacchiochi Alan li 27Tuckemttck`Rd' 2fl00 >s Genternlle Gonsalves-nos Gilson Pilkington Donald Pilkington Susan SgWckWay $B�S,fl00 ' CoiuiE Kelley.Timothy Gronroos:Alah R . 4309.fi1maufh Rit .$260:i14k.,_,w . Cotuit Tosti.Ronald A Milner,Thomas J Milner,Priscilla A 141 Highland Ave $465,000 t I Cotuit Daland-Peirson, Peirson,Elizabeth L 603 Main St .$150,000 Cotuit Peirson,Elizabeth L Peirson,Nicholas 641 Main St $150 000 ti,; i .Hyannis _Marques,Gloria Lima Mauncio E, 273 Arrowhead Dr $z4$000 i Hyanms Leine Richard J Lerria,Mamie Eckel;Peter 37 Arrowhead Dr F$18g fl00 { Hyannis Zmov,tretia.. Ztnov,Dmitry Smfth'Rt Smith Thomas K 43odtck Rd $34t10 Hyanms ,Fonda,William R � Fonda Susan Madden Constance P 59�biegari Rd x$205 fl�0 ; Nyanrns Demambro,•Ellen ' Kaiser,Larry S 817 flld Stravdberfy fjiN atd i!98 M$209;flOQ ^ 1lyannis Cassidy,Patrick L Eldridge,June E Martin,Barbara L 46 Old Town.Rd $175,000 .I Hyannis Mid Cape Cmcrci Invest Sentinel Products Corp 38 Plant Rd $425,000 Hyannis Russell,Elizabeth J Portilho,Rondinely F Portilho,Ronnaldy F 9 Pleasant Park Ave U:2C $155,900 Hyanms ..Everett Amy Lot Deremer Kim R Oliver John Hill oltver Ca[ryre 42 Saint.Joseph.St $162 700 Hyanms Kealy Robert M Keaiy Petncia H Phaneuf Richard A Phaneuf Patricia 1v1 5$Stance Lr $365 000 Hyannis Najarian Aram C Nalanan Patricia H Ruth,E Grnn Rest' Cnrn,Ruth E 76 SfaUce Lr $365;fl0 Masfipee CranbetryRun.Rltyttc Thompsori,Phyllis P �4 East Rd $95000 s~; Mashpee Fermmo,Scott Peters."Eve yn Fettig,Joanne' Piper,Arlene R 32 Essex Rd $21z,900•- Mashpee Omahony.Catherine Ruth Eldridge,Kristi L 300 Falmouth Rd U:1 E $174,000 Mashpee Ringel;Charles E Ringel,Carole B Bottos,Dorothy H 661 Falmouth Rd U:166Y $210,000 Mashpee Mutter,Albert P Mutter,Bonnie D Windchime Pt Dev Gp Ltd Windchime Pt Dev Corp 90 Great Neck Rd S $299,900 Mashpee ,;;_Barsella,Henry F Msh.Rt Dalessandro,Michael P, 92 James Cr $135 000 Mashpee , Weekes'Robert L Westwater Elizabeth V�gg�ano Vincent A Viggiano Gail M ^86 Meadowbrook Rd $425 004 `s` Mashpee `=Cosbli Peter, Bay Pt Rt Benway George A 37 Monomoscoy,Rd $60 000 ; a Mashpee 'Aldrich Robert M, Aldrich;Mark C Aldrich Robert L Aldrich Josephine G 22 Palmer Rd $224 flOQ Mashpee Yukna,Joseph•F••'' Yukria,Caro6L - Stecich,John - 34 Polaris Of•<$410;t)00 ^ Mashpee Kelly,William B Broderick,Bradley E Broderick,Christina D 21 Quashnet Woods Dr $328,000 Mashpee. Enella-hendricks,Jayne Hendricks,Martin 73 S Sandwich Rd $26,600 Mashpee Quidley,Christopher Quidley,Tracy A Great Hay Dev T Weinstein,Joseph F 31 Taurus Dr $464.910 �? Mashpee Bower Flame Bower Stanley L ,, Mcguire Rt Mcg ire Macguente M 21 Windward St $285 000 f~ � a y * g s � UP i a _ CD CD t N-i�e27'� , w s °1 {.: n g opj .o Town of Barnstable �� Department of Health,Safety, and Environmental Services ' ,�� Public Health Division 367 Main Street,Hyannis MA 02601 Office: 508-8624644. Thomas A.McKean FAX_ .508-790-6304 r Director.of Public Health July 30,2003. Ms. Edith White P.O..Box 803 Pocasset, MA. 02559 NOTICE TO ABATE VIOLATIONS OF 310 CMR 15.000 STATE ENVIRONMENTAL CODE, TITLE 5 AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE, ARTICLE 51. The property owned by you located at 500 Huckins Neck Road, Centerville, MA.. was. inspected on July 22, 2003 by Donald Desmarais,. Health Inspector for the Town of Barnstable, because of a complaint regarding a noise complaint. The following violations.of 310 CMR 15.000 State Environmental Code, Title 5. 310 CMR 15.00.. . There were eight bedrooms. located at the residence. However, the existing septic.system capacity is.designed for only six bedrooms total. - You are ordered to remove the two bedrooms located in the basement on or before Monday September 1, 2003. A re-inspection is scheduled to be held on Tuesday September 2, 2003 at 10:00 a.m. You may request a hearing before the Board of Health if written petition requesting it is.received within seven (7) days after the date the order is served.. Non-compliance could result in a fine of up to $100.00. Each day's failure to comply with an order shall constitute a separate violation. PER ORDER OVT�IE BOARD OF HEALTH omas A.. cKean Director of Public Health Fee$ 5 0.0 0/' No. S Entered in computer. ✓ ✓ THE COMMONWEALTH OF MASSACHUSETTS Yes PUBLIC HEALTH DIVISION -TOWN OF BARNSTABLE,MASSACHUSETTS ZIpplication for iaiopoaf bpotem Conztruttion 3P"'t )upgrade( )Abandon( ) Mom Pletestem ❑Individual Components S y Application for a Permit to Construct( . )Repair( ) P ( ) rAssessor's on AddressorLotNo.500 Huckins Neck Road owner's Name,Address and Tel.No.Edna McManus terville,Mass.02632 500 Huckins. Neck Road Map/Parcet Centerville,Mass.02632 er's Name,Address.and Tel.No.5 0 8-7 7 5-3 3 3 8 Designer's Name.Address and Tel.No.5 p g-7 7 5-3 3 3 8 J.P.Macomber & Son Inc. J.P.Macomber & Son Inc. Box 66 Centerville,Mass.02632 Box 66 Centerville,Mass.02632 Type of Building: s g• Garbage Grinder( ) Dwelling XXNo.of Bedrooms 6 Lot Size q' Cafeteria( ) Other Type of Building No.of Persons Showers( ) Other Fixtures gallons. gallons per day. Calculated daily flow 6 X 11 Design Flow 6 7 70=6 6 0 Number of sheets Revision Date Plan Date Title Type of S.A.S. Size of Septic Tank Description of Soil Nature of Repairs or Alterations(Answer w a s licable)Om i t t i n cesspools-Installing 1 -1 500 gallon tank,' , & of 1 s em Date la's?inspecte Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the, fir ental Code and not to place the system in operation until a Certifi- cate of Compliance has been iss by s oar lth Date 6/2 5/01 Signed Date 7 Application Approved by Application Disapproved r the following reasons Permit No. �I.d1J t 37 Date Issued Z 7 THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, MASSACHUSETTS Urtificate of compliance x Re aired:( )Upgraded THIS IS TO CERTIFY,that the On-site Sewage Disposal System Constructed( ) P Abandoned( )by J•P•Macomber & Son Inc. has b en constru ted in' c©dance at 500 Huckins Neck Road Centerville,Mass. -�, -Y3 1, >_dated with the provisions of Title 5 and the for Disposal System Construction Permit No.Macomber & Son Inc. Installer J.P.Macomber & Son Inc. Designer The issuance of s ermit shall not be construed as a guarantee that the sy wilA f!?P,as des' ti.Inspectorr Date " . a. ------ — -- --------- 0.00 N . � JT 33- 0Z1Fee $ 5 -- THE COMMONWEALTH OF MASSACHUSETTS ;, 3F HEALTH DIVISION BARNSTABLE,MASSACHUSETTS PUBLIC i$�l0$aY 6pgtem construction Permit` Permission is hereby granted to Construct( )Repair( )Upgrade(XX)Abandon( ) Systemlocatedat 500 Huckins Neck Road Centerville Masse X;a;ndas described in the above Application for DisposalSystem Construction Permit.The applicant recognizes his/her duty to ly with Title 5 and the following local provisions or special conditions. ided:Construction m t be completed within three years of the date of thi e t. iG roved b � 71 Q APP y Town of Barnstable Regulatory Services Thomas F.Geiler,Director Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 August 8,2003 Thomas R.Rugo,Attorney at Law 720 Main St. Hyannis,MA 02601 Re:506 Huckins Neck Rd.,Centerville Dear Mr.Rugo: We have looked into the situation at the above house and have received from the director a synopsis of the outfit operating there called Tranquility House,Inc. They are a private corporation and not under any Department of Mental Health program. The corporation's mission is to provide a sober house for men who are recovering from drug or alcohol addiction. Attorney Rugo is correct in stating that under Chapter 40A you cannot discriminate against persons with a disability and that Chapter 40A does not define disabled. However,according to Ruth Weil our assistant town attorney,the courts are very clear in their opinion that drugs and/or alcohol addiction is a disability. Because of this,Tranquility House,Inc.is zoning exempt. There is an educational aspect to this operation in that they provide a recovery environment where Twelve Step sober living and weekly Twelve Step meetings provide an essential part of the treatment of addiction. We have requested more detail on this. An inspector from the building department along with an inspector from the health department went to this house to do an inspection. We found that one of the rooms in the basement did not meet the requirements for egress under the building code. This room has since been eliminated as a bedroom. With the elimination of this bedroom the total bedroom count has dropped to seven. According to the board of health the house has an approved septic system for six bedrooms. Because of this the owners have applied for a variance and have a hearing scheduled for August 19,2003. There is,however,adequate square, footage in this house to accommodate the number of people living there. . Please contact me if you have any further questions regarding this property or the operation. I Sincerely, � Thomas Perry Building Commissioner TP/AW cc:John Klimm,Town Manager Tom Geiler,Director,Regulatory Services >ti - 6/10/0 3 y n Center r w W y ' b�n d%., X Wo-il � Y'.wl '� ,.,. 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