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HomeMy WebLinkAbout0034 STRAWBERRY HILL ROAD ��� ��� 1�3 �t�� �� �� ��� ,` ��� �� ,�� �L/12)0--7 Told 4-o )c*-ep ��,.�Ss �le�.� 34 7 ��� � ��� f ��` W��� ;� iy ��i � it {. 0 �'. ,'I �I,, 11� {I 1 i' 9,;4 .-7 t O1/18/2018 34 Strawberry—RA inspected with CAO Gallant—gave property owner Mauro Rivera 1 week to get rid of 2nd trailer or otherwise be in violation of Home Occupation Reg. Advised owner that his son (residing in family apt) may not bring home any Class II vehicles intended for his Dennis business. i i� ; Tows. of Barnstable Regulatory Services SHE P••° tip Thomas F.Geiler,Director Building Division snarrsrABLF-. y MAM g Tom Perry,Building Commissioner "tfp39 200 Main.Street, Ifyar nis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230. AiDproved: Fee: °r ]Permit#: �0 HOME OCCUPATION REGISTRATION Date: Z-/- 3 0 7 n Name: y AO #: S,o d�. J71— 3,W Address:3 U. age:. Name of Business: i �' ��� 1�� ����/ ✓� Type of Business: O =r/ Map/Lot: G INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes; and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: 9, The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit. e Such use occupies no-mor-e-than 400-square feet o€space. ® There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. o The use does not involve the production of offensive noise,vibration, smoke,dust or other particular matter, odors,electrical disturbance,heat,glare,humidity or other objectionable effects. a There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. s Any need for parking generated by.such use shall be met on the same lot containing the Customary Home- Occupation,and not within the required front yard. , ® There is no exterior storage or display of materials or equipment. ® There is no commercial vehicles related to the Customary Home Occupation,other than one van or one pickup truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. ® No sign shall be displayed indicating the Customary Home Occupation. ® If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. ® No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned, e read and agre 'th the above restrictions for my home occupation I am registering. Applicant: � '2a Date: ZW— Homeoc.doc Rev.5/30/03 YOU WISH TO-OPEN A BUSINESS? ;. 4ML which For Your Information: Busine ss certificates Gost$30.00 for 4 years). A business certificate ONLY REGISTERSn C e R NAME in town rk's OfTce, VFL,367 � you must do by M.G.L-.it does not give you permission to operate.) Business Certificates are available at the To Main Street, Hyannis,-MA 02601 (Town Hall) ,y DATE:? 3 C 1 1 "" ICI Fill in please: APISLICANT'S YOUR NAME: IJI BUSINESS YOUR H ME ADORE S: - TELEPHON # me Telephone Number " G: - - � Xi TY OF MISIN>=5S NAME OF NEW BUSINESS ... . . . IS THIS A`1�pM�OCCUPATIoIu� `YFs � N�� .. . f lave ytiu he n.giveri.g proval frw build �:dlvisian�.� ES NO . APOR.ES9:Oft 13US1.-S MAPJPARCEL,NUMBER of starting a new business there are several things you must do in order to be in compliance with the rules 20d regain Sons of the row Yarmouth When 9 . Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST Rd.&Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COMMISSIONER'S OFFI This individual has b forme any permit requirements that pertains ffiI P.*�qTN HOME-OCCUPATION RULES AND REGULATIONS. FAILURE TO Authorized Signature COMPLY MAY RESULT IN FINES. COMMENTS: 2. BOARD OF HEALTH. This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature*" COMMENTS: 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature* COMMENTS: /Vo,- ;w0 Bk 24648 F 9 61 C-32032 pnctdk BARNBLABM059. • __ MA86 Town of Barnstable •j�; , Zoning Board of Appeals Decision and Notice Appeal No. 2010-017- Rivera Special Permit-Section 240-47.1(A)(1) Family Apartments Permit for a family apartment of 1,200 square feet. Summary: Granted with Conditions Applicant: Mauro O. Rivera and Aida G. Rivera Property Address: 34 Strawberry Hill Road, Centerville, MA Assessor's Map/Parcel: Map 246 Parcel 070 Zoning: Residence B Zoning District Deed Reference: Book 13746, page 317 Relief Requested and Background: The subject property is a 0.34-acre'lot developed with a total of six bedrooms. The dwelling is that of a single family raised ranch structure. There is an accessory apartment unit on the lower level that contains three of the bedrooms. According to the Assessor's records both units are 1,210 square feet. Mauro O. Rivera and Aida G. Rivera purchased the property in April of 2001. At that time, the Building Division noted the unpermitted apartment unit. In February of 2002, the Rivera's applied for and were issued Comprehensive Permit No. 2002-030 for the unit. That permit was issued under the Accessory Affordable Housing Program (now termed the Accessory Affordable Apartment Program) for an amnesty apartment unit that existed prior to January 1, 2000. The applicants now wish to provide the apartment unit to their son and daughter. The Department of Housing and Community Development in certifying the Accessory Affordable Apartment does not permit occupancy of the affordable unit by family members. Therefore, the owners cannot use the comprehensive permit to maintain the legality of the unit and will need new zoning relief to allow the unit to be occupied by family members. As amended in November of 2004, Family Apartments are now allowed as-of-right, as an accessory use to an owner-occupied single family dwelling provided; the unit is within or attached to the dwelling and is limited to 800 square feet or 50% of the square footage of the existing, whichever is lesser. In this instance that maximum area of a family apartment for an as-of-right permit would be 605 square feet. However, § 240-47.(A)1, that governs family apartments authorizes the Zoning Board of Appeals to allow up to 1,200 square feet by special permit. Appeal No. 2010-017 has requested that permit. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 31, 2010. A public hearing before the Zoning Board of Appeals was duly advertised and . 4 I , e `y AB,,, Zomng B a`r!j6'Appea s Dension andYNotice vial Permit No 2010-0 17wtRrvera section 240 47 1A(1)Family Apartments. notice sent to all'abutters�in4accordanc'e wtth M{L Chapter 40A The hearing was opened May 12, t g " j 2010, at which time the Board found;, o rant the=sp�eclal permt stab'ect to conditions. Board Members deciding this appeal were,James'F McGillen� William H. Newton' Craig G. Larson Alex M. Rodolakis, and Board Chair F , Laura ` a The applicant, Mauro O. Rivera and`his son Daniel Rlvera.represented the appeal before the Board. Daniel Rivera explained that the apartment.is for ham and his sister and her child. He noted that he is now attending college and it is time that�the#two adult chhildren�live�independently. xp The Board clarified that the unit will only be occup ed1by two adults and the one infant child. The upper three bedroom dwelling will be occup ed b'�y the parent Mauro 0'Rivera. It was noted that the unit had previously been an amnesty unit and dtaring those 8'ye'ars °no Issues:occurred with the unit being occupied. The issue of site clearing at the corner of the lot was noted and Mr. Ma uro Rivera stated theheh as lowered the fenc e and corrected the issue The public was invited to speak. Steve Tenaglia, representing his parents Rocco F. and Carolyn Tenaglia of 5 Patricia Street a � ' S - ' '� f< c and Eleanor Simpson of 45 Patricia Street spoke in concern for the family apartment unit. They noted that a large number of vehicles have bee p rked`on the property and that the Rivera's conduct a home occupation from the property. ;The Board,clarified some of,the issues expressed with the Rivera's. The landscape trucks have been moved,to another location located on West Main Street. There will be no other renters on the property. The apartment unit will be for family members only. The Board clarified that the home is developed with 6 bedrooms and the on-site septic'-system is also sized and permitted for 6 bedrooms. Findings of Fact: At the hearing of May 12, 2010, the Board unanimously made the following findings of fact: 1. Appeal No. 2010-017 is that of Mauro O. Rivera and Aida G. Rivera seeking a Special Permit pursuant to Section 240-47.1.A(1) for a Family Apartment in excess of 800 square feet. The property is addressed 34 Strawberry Hill Road, Centerville, MA. 2. In 2002, the applicants were issued a comprehensive permit under the Accessory Affordable Housing program on the apartment unit they now wish to have as a family apartment. The unit has not changed since the issuance of that permit. The three bedroom family apartment is to be occupied by 2 adults and an infant. 3. Although the apartment measures 1,210 square feet, the 10 square feet over 1,200 square feet is less than 1% of the area of the unit and is insignificant. 4. The existing fence that was apparently not in compliance with the visual clearance needed at the corner will be made fully in compliance. Decision: Based on the findings of fact, a motion was duly made and seconded to grant Special Permit No. 2010-017 to allow for a family apartment in excess of 800 square feet subject to all of the following conditions: 1. The area of the family apartment is limited to the existing lower level apartment unit. 2. Occupancy of the family apartment is limited to 2 family members only. 2 !. 6drf15table,x � z *� M.&A �0 ` a Zoning Board of Appeals` decisiotice al Permit No.2010-017 'Rryera section,,07 lA 1 Fame( oA P artm t� . ( � Y. ents '4t k x. Y � x� �$z��� *.a �`�;� `�•� �-rt — E'#v`5 r M {- r+'f x�� ray �' 'w 3. The apartment shall com p y with; and beAmaintained,"inzfull1compliance�tv�iith rill oth r ° requirements of Section 240-47.1 }for a.family apart ent as of` ir`gl teas well as all condittons� n thiJ decision. r "wi�rt , ta, 4. Any, and all requirements of the Building Di,�i,sion,shall be;fullyeompli;eds with toassuretMatxthe unit and building meets all applicable codes including buildinF an g, f ie, d health °�_ �5. All parking shall be on-site and•not within 10 feet ofneighbonng=p prt es; F `�"� �� ��� �^ �� y 6. Occupancy of the dwelling and-the family apartment unit is restricted'o family members on� nd � there shall be no renting of the unit or rooms to non-family members Y &f 7. During the term of this special permit, there shall be no expansion of thebuilding and!kno addition _ of bedrooms to the property. 8. The existing comprehensive permit shall be rescinded prior to this permit being-executed' 9. The existing fence located on the prope rty rty shall be required to be brought in''to,conformance wrth_ M. § 240-41 -Vision Clearance on Corner Lots prior to the execution of this pe'rrriita .t 10. A building permit is required prior to the occupancy of the apartment unit. That permit can,onlyr be issued when this decision is finalized and filed with the Registry of Deeds. The vote was as follows: t 1-,:. AYE: James F. McGillen, William H. Newton, Craig G. Larson, Alex M. Rodolakis, Laura F. Shufelt NAY: None 4 Ordered: Special Permit No. 2010-017 has been granted subject to conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office and the Building Division prior to occupancy of the unit. The relief authorized by this decision must be exercised within two years unless extended. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. A\ � 2o�d Laura4Shlt, Chair Da e gigned I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this dayof v �'[' O�� under.�i*',��OM1141% enalties of perjury. Linda H, U Clerk. 5 i s } % f�! mod'••. Z��• ;.• �� !��� gar•.......•a,��% �i��1� D\� Y 3 f _ ZYI f PERMIT PAYMENT RECEIPT TOWN OF BARNSTABLE xa BUILDING DEPARTMENT 200 MAIN STREET' HYANNIS, MA 02601 DATE; 09/24/10 TIME:, ------------------TOTALS------------------ PERMIT $ PAID 60.00 AMT TENDERED: 60.00 CHANGEPLIED: 60.00 APPLICATION NUMBER: 201005047 PAYMENT METH: CASH PAYMENT REF: TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION ,;Map Parcel 0 7 O Application # 00166� 'I Health Division Date Issued 9 7 Conservation Division Application Fee s: Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation / Hyannis La� 12,&Z Project Street Address 6i o_�b p-( - Village Owner m t/v Address toe"- Telephone(w) Permit Re Quest< b,-znA K '.' e• Square feet: 1 st floor: existing proposed d floor: existing posed Total new Zoning District Flood Plain Groundwater Overlay �e Project Valuation Construction Type 0,338 d3S n Lot Size Grandfathered: ❑Yes ❑ No If yes, atta p upporting documlo tion. II Dwelling Type: Single Family *❑ Two Family ❑ Multi-Family (# units) l-1 Pi fJLI L zJ NJ L1 Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑Crawl ❑Walkout Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing1 new Half: existing new Number of Bedrooms: existing _new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: U-6as ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes Ulo Fireplaces: Existing*New Existing wood/coal stove: ❑Yes V—No Detached garage: ❑ existing ❑ new sizgPool: ❑ existing ❑ new size _ Barn: ❑existing ❑ new size q� Attached garage: ❑ existing ❑ new size *S-bed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ .Appeal # Recorded ❑ Commercial ❑Yes 51,< If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Y Name V Telephone Number Address2q-,5-fY6(,uAqej(-_cj4PJcense # Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED MAP/PARCELNO. ADDRESS VILLAGE OWNER r DATE OF INSPECTION: -FOUNDATION FRAME - t -INSULATION FIREPLACE '} ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. r -- 9k 24648, p061 a32032" r 06-29-2010 a �f�CEF'4t p ¢¢`` .. r ^� r t } nr f"s 3€Sc 57 MAB& ,t f 1.' Town of Barnstable. � t JI fix'A)' '76 Zoning Board of Appeals Decision and Notice Appeal No. 2010-017-.Rivera Special Permit-Section 240-47.1(A)(1) Family Apartments Permit for a family apartment of 1,200 square feet. Summary: Granted with Conditions Applicant: Mauro O. Rivera and Aida G. Rivera Property Address: 34 Strawberry Hill Road, Centerville, MA Assessor's Map/Parcel: Map 246 Parcel 070 Zoning: Residence B-Zoning District Deed Reference: Book 13746, page 317 Relief Requested and Background: The subject property is a 0.34-acre,lot developed with a total of six bedrooms. The dwelling is that of a single family raised ranch structure. There is an accessory apartment unit on the lower level that contains three of the bedrooms. According to the Assessor's records both units are 1,210 square feet. Mauro O. Rivera and Aida G. Rivera purchased the property in April of 2001. AC that time, the Building Division noted the unpermitted apartment unit. In February of 2002, the Rivera's applied for and were issued Comprehensive Permit No. 2002-030 for the unit. That permit was issued under the Accessory Affordable Housing Program (now termed the Accessory Affordable Apartment Program) for an amnesty apartment unit that existed prior to January 1, 2000. The applicants now wish to provide the apartment unit to their son and daughter. The Department of Housing and. Community Development in certifying the Accessory Affordable Apartment does not permit occupancy of the affordable unit by family members. Therefore, the owners cannot use the comprehensive permit to maintain the legality of the unit and will need new zoning relief to allow the unit to be occupied by family members. As amended in November of 2004, Family Apartments are now allowed as-of-right, as an accessory use to an owner-occupied single family dwelling provided; the unit is within or attached to the dwelling and is limited to 800 square feet or 50% of the square footage of the existing, whichever is - lesser. 1n this instance that maximum area of a family apartment for an as-of-right permit would be 605 square feet. However, § 240-47.(A)1, that governs family apartments authorizes the Zoning Board of Appeals to allow up to 1,200 square feet by special permit. Appeal No. 2010-017 has requested that permit. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 31, 2010. A public hearing before the Zoning Board of Appeals was duly advertised and f Town of Barnstable,Zoning Board of Appeals—Decision and Notice Special Permit No.2010-017-Rivera-Section 240-47:1AM Family Apartments notice sent to all'abutters in accordance with MGL Chapter 40A. The hearing was opened May 12, 2010, at which time the Board found to grant the special permit subject to conditions. Board Members deciding this appeal were,James F. McGillen, William H. Newton, Craig G. Larson; Alex M. Rodolakis, and Board Chair, Laura F. Shufelt. The applicant, Mauro O. Rivera and his son, Daniel Rivera represented the appeal before the Boar d. Daniel Rivera explained that the apartment is for him and his sister and her child. He noted that he is now attending college and it is time that the two adult children live independently. The Board clarified that the unit will only be occupied by two adults and the one infant child. The upper three bedroom dwelling will be occupied by the parent Mauro O. Rivera. It was noted that the unit had previously been an amnesty unit and during those 8 years, no issues occurred with the-unit being occupied. The issue of site clearing at the corner of the lot was noted, and Mr. Mauro Rivera stated the he has lowered the fence and corrected the issue. The public was invited to speak. Steve Tenaglia, representing his parents, Rocco F. and Carolyn Tenaglia of 5 Patricia Street and Eleanor Simpson of 45 Patricia Street spoke in concern for the family Y apartment unit.p The no ted oted that a large number of vehicles have been parked on the property and that the Rivera's conduct a home occupation from the property. The Board clarified some of the issues expressed with the Rivera's. The landscape trucks have been moved to another location located on West Main Street. There will be no other renters on the property. The apartment unit will be for family members only. The Board clarified that the home is developed with 6 bedrooms and the on-site septic system is also sized and permitted for 6 bedrooms. i Findings of Fact: At the hearing of May 12, 2010, the Board unanimously made the following findings of fact: 1. Appeal No. 2010-017 is that of Mauro O. Rivera and Aida G. Rivera seeking a Special Permit pursuant to Section 240-47:1.A(l) for a Family Apartment in excess of 800 square feet. The property is addressed 34 Strawberry Hill Road, Centerville, MA. 2. In 2002, the applicants were issued a comprehensive permit under the Accessory Affordable Housing program on the apartment unit they now wish to have as a family apartment. The unit has not changed since the issuance of that permit. The three bedroom family apartment is to be occupied by 2 adults and an infant: 3. Although the apartment measures 1,210 square feet, the 10 square feet over 1,200 square feet is less than 1% of the area of the unit and-is insignificant. 4. The existing fencelhat was apparently not in compliance with the visual clearance needed at the corner will be made fully in compliance. Decision: Based on the findings of fact, a motion was duly made and seconded to grant Special Permit No. 2010-017 to allow for a family apartment in excess of 800 square feet subject to all of the following conditions: 1. The area of the family apartment is limited to the existing lower level apartment unit. 2. Occupancy of-the family apartment is limited to 2 family members only. 2 Town of Barnstable,Zoning Board of Appeals-Decision and Notice Special Permit No.2010-017-.Rivera-Section 240-47.1AM Family Apartments I The apartment shall comply with, and be maintained, in full compliance with all other requirements of Section 240-47.1 for a family apartment as-of-right as well as all conditions in this decision. 4. Any, and all requirements of the Building Division, shall be fully complied with to assure that the unit and building meets all applicable codes including building, fire, and health. 5. All parking shall be on-site and not within 10 feet of neighboring properties. 6. Occupancy of the dwelling and the family apartment unit is restricted to family members only and there shall be no renting of the unit or rooms to non-family members. 7. During the term of this special permit, there shall be no expansion of the building and no addition of bedrooms to the property. 8. The existing comprehensive permit shall be rescinded prior to this permit being executed. 9. The existing fence located on the property shall be required to be brought into conformance with § 240-41 -Vision Clearance on Corner Lots prior to the execution of this permit. 10. A building permit is required prior to the occupancy of the apartment unit. That permit can only be issued when this decision is finalized and filed with the Registry of Deeds. The vote was as follows: AYE: James F. McGillen, William H. Newton, Craig G. Larson, Alex M..Rodolakis, Laura F. Shufelt NAY: None Ordered: Special Permit No. 2010-017 has been granted subject to conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office and the Building Division prior to occupancy of the unit. The relief authorized by this decision must be exercised within two years unless extended. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. \ �'b Laura 4Sh "Chair ., De igned I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this dayv � of O�� tande . i�„ gsr)tenalties of perjury. Linda Hubs Clerk. } zoningBoard of • Appeals (ZBA) Abutter List for Map & , Parcel(s): '246070' Parties of interest are those directly opposite subject lot on any public or private street or way and abutters to abutters. Notification of all properties within 300 feet ring of the SUbjeCt lot. Total Count: 35 ( ,�- ,. Close Map &Parcel Ownerl Owner2 Addressl Address 2 Maiailing CityStateZip Gauntry Deed 24603500A �RAY, CYNTHIA I 558 CRAIGVILLE CENTERVILLE, BCH RD -UNIT I MA 02632 USA 14924/066 246035006 WESTON, WILLIAM 12583 SW C&CAROL A PEMBROKE CIRCLE LAKE SUZY, FL 23893/124 NORTH 34269, 24603500C MELIDEO, PAMELA FRAMINGHAM, M 19 WESLEY ROAD MA 01701-4356 23948/300 24603500D DAVIS, KEVIN A TR JAVIN REALTY,TRUST 268 MAIN ST CENTERVILLE, 20444/261 MA 02632 24603500E BAGLINO, KENNETH WESTBURY, NY A 32 CIRCLE DR 11590 22457/112 2460350OF WENDORF, SARAH 13 WOODWARD ST, SOUTH BOSTON, M APT 2 MA 02127 20655/290 2460350OG IERARDI, MARY 558 CRAIGVILLE CENTERVILLE, BEACH RD-UNIT 7 MA 02632 USA 16196/036 CORR, DENNIS M EAST 24603500H &MCDERMOTT, 74 MILL ROAD PAMELA] SANDWICH, MA 23409/21 02537 24603500I SKOLNICK,JOEL H CRAIGSVILLE COURT BROOKLINE, MA TRS UNIT 9 R T PO BOX 441 23541/11 02446 246035001 MIKULLITZ, JOHN F 9 EDINBURGH EAST &KELLY J DRIVE SCHODACK; NY 23893/57 12063 246036 DUNNE, PETER& W NATALIE. C/0 DUNNE,ANNI PO BOX 450 HYANNISPORT, 12993/017 MA 02672 DOHERTY,ADAM R C/O DOHERTY, 35 STRAWBERRY 246037 TRS FREDERICKI& CENTERVILLE, MAUREEN A HILL ROAD MA 02632 24020/304 •246038 ANCY KEVIN M& N 45 STRAWBERRY CENTERVILLE, . ANCY P HILL RD MA 02632 12737/142 246039 SHEFLER, GEORGE _, TOMS RIVER, NJ 1611 OTTER DRIVE 08753 USA 2761/150 246050 PAXTON, DONALD J PAXTON FRANKLIN, MA &ELSA T, TRS IRREVOCABLE TRUST 22 BROOK STREET 02038 23061/284 246051 SHEA, MAUREEN A C/0 MELLON MORTG HOUSTON TX ESCROW DEPT PO BOX Z885 77252-2885 USA 3675/345 . 246052 TENAGLIA,ROCCO F HYANNISPORT, USA 1377/ &CAROLYN P 0 BOX 388 1056 MA 02672 2.46055 CHITOPOULOS, C/O CHITOPOULOS, MEDFORD, MA NICHOLAS CET.AL -EUGENIA 48 STEARNS AVE 02155 19841/250 246056 SEA MIST HOPKINTON, MA PROPERTIES LLC 17 EM ST 01748 USA 21208/125 COSKIE,JOSEPH R SHREWSBURY, 246057 JR&AMY L 2 BLACKTHORN ROAD MA 01545 23360/163 246058 PERRAULT,` STEPHEN D 175 N BEACON ST WATERTOWN, MA 02472 21343/219 24'6059 STEVENSON, MONICA STEVENSON WALPOLE, MA MONICA,TR REV TRUST 15 MUSKETT LANE 23098/292 02081-5011 246065001 HOWTRS DY,JOSEPHINE . 21 CUNNINGHAM DEDHAM, MA RD 02026 USA 9261/070 246066 MEHREZ, HENRI& BELMONT, MA MEHREZ, ISAAC 0 87 SHERMAN ST 02178 6943/080 246067. BARONE, %AVERBUCK, 10 WILLIAMSBURG ATE, MA CONSTANCE CONSTANCE BARONE LN SCITU SCITU USA 3091/116 02066 246068 OSBORN,VIRGIL C P 0 BOX 1022 NANTUCKET, MA 02554 13732/318 SZYMANSKI, 246069 RICHARD C JR& 15 CHADWICK HYANNIS, MA LISA AVENUE 02601 23294/130 6 246070 RIVERA, MAURO 0 34 STRAWBERRY CENTERVILLE &AIDA G HILL RD MA 02632 13746/317 246071 SANFORD,THOMAS %SANFORD,THOMAS 139 VANCOUVER WARWICK, RI W I ET ALS W JR&LOUISE M AVENUE �ZBS6 03PI739EP1 246168 CALLAHAN, BRIAN& LAURIE 20 WOODBURY ST ARLINGTON, MA 21180/192 02476 246179 SILVA, STACEY B W PO BOX 55 HYANNISPORT, USA 11875/083 MA 02672 246221 CASSISTA, JASON J 576 CRAIGVILLE &MELANIE M CENTERVILLE, BEACH ROAD MA 02632 C188042 HANSON, DENNIS M 578 CRAIGVILLE 246222 &SHARON A TR BEACH ROAD 11 CONSTELLATION CHARLESTOWN NOMINEE TRUST WHARF, PIER 7 MA 02129 USA,C178537 246235 MCANAW, ROBERT )PB REALTY TRUST 56 SEA MEADOW R TRS CENTERVILLE, CIRCLE C187429 MA 02632 246237 MCMURTRIE, HELEN HELEN J MCMURTRIE 40 SEA MEADOW CENTERVILLE, J,TRS REVOCABLE TRUST CIRCLE MA 02632 C186608 This list by itself does.NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters.If a certified list of abutters is required,contact the Assessing Division to have this list certified.The owner and address data on this list is from the Town of Barnstable Assessor's database as of 4/16/2010. i NOTICELEGAL TOWN OF.BARNSTABLE ZONING BOARD OF APPEALS -.NOTICE OF PUBLIC HEARING UNDER THE ZONING.ORDINANCE _. MAY 12,2010 "r h IO all persons interested imoraffected by the actions of the Zon ing Board.of Appeals,you are herebynotfied,pursuanfto Section 11:of Chapter40A of the General:Laws�of.the Commonwealth of:' Massachusetts,and all-amendmentsahereto,that.a public;heanng on the following appeals will be held:on May 12,2010 at 7 OO;PM Appeal No.2010-017 _,Rivera.' Mauro:O.Rivera and Aide G.Rivera have petitiohed fora$pea I Permit-pursuant to Section 240 47:1A(1)•F.amily Apa ttnents.- order to;allow a family apartment located in t e:mam,dwelli(tg exceed 800 square feetbut not more,fhan.i200 square feet:ryThe` subject property is shown'on Assessor s Map.246 as Pariief 070 . and addressed 34 Strawberry HiILRoad.Centenville MA.nTlie lot is in a Residence B Zoning Distnd Appeal No.2010-018, magre NorbertoH VnagrehasapphedforaVanancetoSec4on240�71 FamilyApar6nents The:applicant seeks a vanarice to allow for an `.:^ existing apartment unit tliaffs loaatedyip a detached strudure:to be utilized as a;family apartment:The.subject,property isshown'om Assessors Map 209 as Parcel 071:;and addressed122 OId Stage 1- Road Centerville MA It is in a Residential D-1 and a Restdenbal . C Zoning Districts Yf t r x f Appeal No.2010019 vOsterville Historical Society,Inc u; Osterville Historical Society Inc has appealed the Buitding'a. Commissioner's determination thaUthe operation,of a part time . seasonaffarmer's market.is not pnmarily,or dominantly related the educational purpose oEthe Osterville HistoncaLSoaety and is , therefore not perfnitted as a part of the exam t use of the roe at,,1.55 West Bay Road Ostervdle MA The a P P TOWN OF BARNSTABLE ZONING BOARD OF APPEALS ppellant is seeking ' NOTICE OF PUBLlC,,HEARING the Zoning Board s revemal_of the Commissioner s deterinination The subject property is shown on Assessor S;. a _116 as Parcel UNDER THE.ZONING ORDINANCE 086,addressed:,115 West;eay Road.OstervIII MA It is in'a MAY 12.2010 ' Residential C Zornng Districts To all persons interested m or affected by the actions of the Zon ThesePub6ctieanngswillbeLYOU heldBamstableTownHa11367Mam in9Boardofre ereb Street Hyannis;MA Hearing Room;2""Floor Wednesday May.12,. 11 of Chapter 40Aaof the Genera aws tof the P6riu2ht to Commonwealth Cammonwealth of it 2010 at 7 00 PM: Plans and;apptications may,be reviewed at the;:' Massachusett., all amendments thereto-that a public hearing Zoning Board of Appeals Office Growth Management Department;.' on the following appeals,wdl be held on May 12 2010, TOO PM:. Town Oifia 200 Mani Street Hyannis MA Appeal No;2010 017 ,Rrvere '# k I LauraF..Shufelt,Chair;j- :MauroORweraandAJ.k Rivera`havepetitioned for aSpecial°: ping-Board of Peet Pursuant to Section 240 471:;A(1)Famil '.Ap rtments in.. The Barnstable Patriot Appeals order to ailow'a famit"a tJO April 23 and Aj ril.30 2010? `' exceed t300 square feet but not more tiitan 1200 square feeding to +` subject property is shown on Assessor s Map'_,246 as Parcel 070 , and addressed;*.'Strawberry. is in a Residerice B Zoning; isUiicltRoad Centerville MA The lot 1 Appeal,No.2010-016,.r_Vinagre % J Norberto H.VnagrehasappliedtoraVanancetoSechon240471; FamtlyApartments The applicant seeks a variance to allow for.an :I existing apartment unit that is located iii detached'structure to be utilized is'a famiy apartment.•The subiectproperty is_shown on" Assessors Map 209 as Parcel 071.and addressed.12i Old Stage Road Centerville MA It is in a Residential D 1 and esidential C Zoning Districts Appeal No.2010-019 .Osteirville Historical Society Inc. Ostervtlle Historical Society Inc., has appealed the_Building Commissioner's.determination that, e'ope, tion'of apart-time, I seasonal farmer's market is not primarily.or dominantly related to ., the edpcational:purpose of the Osteryille,Histoncal:Societyand is therefore not permitted as a part of the el.xempt useTof the property:,• at.155 West Bay'-Road Osterville MA The appellant is eeking. I the Zoning Board's reversal:of..the Commissioner's determination:; E The subject property is shown on.Assessors Map;t Parcel-, .16`as`Par Par 086;addressed.9,j5 Vyest.Bay Road Ost'-'ery ;:MkkJt-is:in el Residential C Zoning Districts:" These Public Hearings will be held Bamstable Town Ha11367 Main { Street,Hyannis MA Hearing Room V"Floor Wednesday,May 12, t Zoni at 7 ar Pf ,Plans.and applications may be reviewed at the Zoning Board ofAppeals l)ffice,Growth Management Department, r Town Offices 200 Main Street Hyannis MA E. r Laura F Shufeft Chair The Barnstable Patnott Zoning Board ofAppeals'i ` l Ap6123 andApri130 2010 l BARNSTABLE REGISTRY OF DEEDS 19 - ,^ L o 4 2 u Sja k � CFiT K ee ck V 4 r bT N . . .�4 00 i . X. 4-,sw bl' co cy- P Vc z l�r L61 St � F L. 00 rl 'T Uu"LZ 19 S c: t.z. I� Z,x I Nri a OX it R j- -.57Lc + � c YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost $40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St_, Hyannis. Take the completed form to the Town Clerk's Office, 1st FI., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is required by law. ' gotDATE: / Fill in please: ... APPLICANT'S YOUR NAME/S: BUSINESS Y UR OME ADDRESS TELEPHONE # ome Te ephone Number r NAME OF CORPORATION: r NAME OF NEW.BUSINESS TYPE OF BUSINESS U IS THIS A HOME OCCUPA N? YES N❑ - ADDRESS OF BUSINESS �'hP,� 1 MAP/PARCEL NUMBE)� �-- U`fib [Assessing) When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. — (corner of Yarmouth Rd. & Main Street) .to make sure you have the appropriate permits and licenses required to legally operate your business in this town. - 1. BUILDING COM ISSID R'S OFFICE This individu 1 as ir4er d f y per it requirements that pertain to this type of business. MUST COMPLY WITH HOME OCCUPATION RULES AND REGULATIONS. FAILURE TO Auth rized Si nature ICOMPLY MAY RESULT IN FINES COMM NT ,l�' �i 2. BOARD OF HEALTH This individual has.been informed of the permit requirements that pertain to this type.of business. Authorized Signature** COMMENTS: 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informed of.the licensing requirements that pertain to this type of business. Authorized Signature** . COMMENTS: f Town of Barnstable � E Regulatory Services Richard V.Scali,Director 1 snxxsznaM Building Division 9�. `�MAES. $ Tom Perry,Building Commissioner �fD MA't 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: -N8- %-6230 Approved: 12"q- Fee: �S Permit#: _ 0o7 rr/ �f- HOME OCCUPATION REGISTRATION Date: v Name: `� (R> � Phone#: tt Address: 3 l Village: Name of Business: L��_ 1')GD�25r-t kie Type of Business: y1 %aqpot � INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes; and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit. • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke,dust or other particular matter, odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials.or equipment. • There are no commercial vehicles related to the Customary Home Occupation,other than one van or one _. pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • . No sign shall be displayed indicating the Customary Home Occupation. •. 'If the Customary Home.Occupation is listed or advertised as a business,the street address shall not be - included. • No person shall be employed in the Customary Home Occupation who is not.a permanent resident of the. dwelling unit. I,the undersign d,have read and agree with the above restrictions for my home occupation I am registerin Applicant:— ,VL Date: . 7/p /4 Hoineoc.doc Rev.103113 Parcel Lookup Page 1 of 1 a� J Logged In As: Pa rice I Lookup Monday,April 22 2013 Road Lookup Condo Lookup Multiple Address Lookup Reports Search Options L Search By Owner Owner Name I.R.IVER.A., Searc <Prev Next> Page 1 of 1 Rows/Page: 10 lei Parcel Location Owner Village Map 289-141 15 STERLING ROAD RIVERA,AIDA HY 289141 291-014 385 MITCHELL'S WAY RIVERA,AIDA G& MAURO HY 291014 291-016 458 PITCHER'S WAY RIVERA,ALPHONSO& DIANA HY 291016 252-085 943 PHINNEY'S LANE RIVERA, GEOVANY&MARIA N HY 252085 250-080 295 OLD STRAWBERRY HILL ROAD RIVERA, LUIS H HY 250080 249-018 617 STRAWBERRY HILL ROAD RIVERA, MAURO O&AIDA CEN 249018 246-070 34 STRAWBERRY HILL ROAD RIVERA, MAURO O&AIDA G CEN 246070 292-095 11 GENERAL PATTON DRIVE RIVERA, SUYAPA C I HY 1292095 r http://issgl2/intranct/propdata/lookup.aspx 4/22/2013 r (.Z, l I l !L\ (1 hi, Oxmarn=zuttt of +A att gzii:4usd DEPARTMENT OF PUBLIC ilEALTH (State file number). REGISTRY OF VITAL RECORDS AND STATISTICS BARNSTABLE CERTIFICATE OF MARRIAGE (City or town malting rcrurn) 1 . Place of Marriage 2 l Xegistered City or Town, A&N r�( t- 2 Date of Mam©aej_0�P- I �1 0 Intcndon No. 167 (Do not enter name of vlliage or section of city or town) (MoaEb) (Day) (Year) 3 FULL NAME PARTY A i i FULL NAME PARTY B DANNY BROWN RIVERA RALITSA GEORGIEVA STANOYKOVA 3A SURNA1.fE I I A SURNAME AFTER NLSRRIAGE RIVERA AFTER MARRIAGE RIVERA STUDENT 6 RESIDENCF 14 RESIDENCE NO, &ST. 34 STRAWBERRY HILL ROAD NO. &ST. 34 STRAWBERRY HILL ROAD TOWN/ ZIP BARNSTABLE ST.�COD)= 632 4' TOWNS BARNSTABLE. sT. IAA OCOC bg 02632 7 N TNI^BFR OF 7A WmOWED 115 NUMBER OF 15A wIDOWEb OR MI{RRIAG) DIVORCPD MARRIAGE OR DTV'ORCED 7 NLTNI^B�7 R OF _F` _ (1st, 2nd,3rd,etc.) 1st — (1st. 2nd,3rd.etc.) 1$t -- 8 BIRTHPLACE 16 BIRTI-1PLACE NEW YORK CITY NY KKJUSTENDIL BULGARIA (City or town) (State or country) (City or town) (Sure or country) 9 NAME OF I7„ NAME OF KRASIMIRA.SENKOVA MOTPTER/,PARENT ERA I ORTIZ MOTHER/PARENT STANOYKOVAITSEKOVA 10 NAME OF 18 NAM]_.017 GEORGI VLADIMIROV FATI-) .R/PARENT MA FATI-13HR/PAR.ENT STANOYKOV/KOSTOV 19 THE INTENTION OF MARkTAGF by the above-mentioned persons was duly entered by me in the records of the Community of BARNSTABLE cor ' o t dayj ' MAY 20 10 ❑COURT WAIVER (Name f Come E. T AI lssued_ �1)wiz �i by ❑AG (Month) (Day) (Year) (City or Town Clark or Registrar) 20 T HEREBYCERTIFYthat I solemnized the marriage of the above-namcd persons No. (Lf marriage was sole din a church give its N ittgtesd street and uumbea (N e of OV6, ) (Month) ay) esr) Signsture Imo' (MDAMr of the Clergy,Priest,12 i,Imam,of Justice of the Pelee,etc.) Address �22 1 Certificate recorded by city or town clet O -' Zb b (Month) Way) (Year) CLE PARITI A SEX:TMALE ❑FEMALE 2S PARTY B SEX:❑Iv Ely(AL,E f Town of Barnstable Building Department - 200 Main Street * �ST,BLE. * Hyannis, MA` 02601 9� MAC 1639. (508) 862-4038 CFO MP;I�` � Certificate of, Occupancy , .x Application Number: 201005047 CO Number: 20100149 , Parcel ID: 246070 _ CO:Issue Date: : 101D7110: Location: _34 STRAWBERRY HILL,ROADL Zoning Classification: RESIDENCE B DISTRICT Proposed Use: TWO FAMILY Village: T R CEN E VILLE Gen Contractor: PROPERTY OWNER Permit Type: RC00 t CERTIFICATE OF OCCUPANCY_RES Comments: FAMILY APT ISSUED TO M. & A: RIVERA FOR SON, DANNY RIVERA & D-I-L Building Department Signature Date Signed DIME TOWN- OF BARNSTABLE di •[ [ng Application Ref: 201005047 • * BA WSTABIX, Issue Date: 09/27/10 Permit 9 MASS. �ArFG 3.09 Applicant:, RIVERA,MAURO O&AIDA G Per Number: B 20101995 Proposed Use: TWO FAMILY Expiration Date: 03/27/11 Location 34 STRAWBERRY HILL ROAD Zoning District RB Permit Type: FAMILY.APT W/NO CONST Map Parcel 246070 Permit Fee$ 35.00 Contractor PROPERTY OWNER Village CENTERVILLE App Fee$ License Num Est Construction Cost$ 100 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND FAMILY APARTMENT FOR SON DANNY RIVERA&DAUGHTER IN LAWHIS CARD MUST BE KEPT POSTED UNTIL FINAL AND RALITZA KENOBOSKY INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: RIVERA, MAURO 0&AIDA G BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 34 STRAWBERRY HILL RD INSPECTION HAS BEE ADE. CENTERVILLE, MA 02632 Application Entered by: LB Building Permit Issued By: THIS PERMIT CONVEYS NO`RIGHT TO"OCCUPY ANY STREET,ALLYOR SIDEWALK OR ANYTART THEREOF,EITHER TEIVIP,ORARILY. NTLY•I. ENCROACHEMENTSON.PUBLIC.PROPERTY.NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION: STREET OR ALLY GRADES AS WELL AS.DEPTH AND.LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. .THE ISSUANCE OF:THIS-PERMIT DOES NOT.RELEASE'THE APPLICANT FROM THE CONDI,TIONS OF ANY.APPLICABLEiSUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. , PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). � xgg -,���/ ,�✓, �, y BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health l n FrT Ord �3 -41 b 1 • // 1Q. g cy- 3 \ , f I - s L uq�t� • Fir P Q , Fir f zx,at .� (to , 1 bill tA k a �pIKE to Town of Barnstable Regulatory Services • &ARN&rnai e, 9 MASS. Thomas F:Geiler, Director �p s63q. ♦0 rFop„p2lA Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.ba rnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 October 12, 2010 Mauro & Aida Rivera 34 Strawberry Hill Road Centerville, MA 02632 Re: Family Apartment , . Dear Property Owners: Enclosed is the Certificate of Occupancy for your family apartment. If you have any questions,please call me at 508 862 4039. r Sincerely, Lois Barry Division Assistant Enclosure faco RA I- 24725 P s 3 5 ---8 4,amot, ` w BARNSrABLE * Y la l KASS. i639' � Town of Barnstable Zoning. Board of Appeals ' Decision and Notice t Mauro O.and Aida G. Rivera - Comprehensive.Permit No.2002=30 Rivera , Summary Comprehensive Permit No. 2002-30 is rescinded APplicant(s): Mauro O.'and Aida G. Rivera Property Address: 34.Strawberry Hill Road, Centerville,_MA Assessor's Map/Parcel: Map 246 Parcel 070 Zoning: RB Zoning District Recording Information �. Deed Reference: 'Book 13746,page 317 Permit Reference Book 15073 Page 202 Background: ' Comprehensive,Permit No. 2002-30 was issued to Mauro O. and Aida G Rivera on April 1,2002. The Permit was issued under the Accessory Affordable Apartment Program'pursuant to Chapter 9, Article li of the General Ordinances of the Code of the Town of Barnstable.The Permit was issued to convert an existing unpermitted three bedroom apartment unit located•in the lower level of the home into an accessory affordable apartment. The Permit and the Regulatory Agreement and'Declaration of Restrictive Covenants were recorded on April 23, 2002 in book 15073 Page 202, } The applicants now wish to utilize the apartment unit as a family apartment fog their son and daughter. The Accessory Affordable'Apartment does not permit occupancy of the affordable unit by family members; therefore,the owners cannot use the comprehensive permit to maintain the legality of the unit and will need new zoning relief to allow the unit to be occupied by family members. At a hearing dated May 12,2010, Mauro O. Rivera and Aida G. Rivera sought a Special Permit pursuant to Section 240-47.1..A (1) for a Family Apartment in excess of 800 square feet. For the property addressed 34 Strawberry Hill Road,Centerville, MA, r Procedural & Hearing Summary: . , A public hearing,to rescind Comprehensive Permit No.2002-30 was duly advertised and notice sent to abutters and the property owner all in accordance with MGL Chapter 40A. The notice was published,in the Barnstable Patriot on May 28, 2010 and June 4,2010. The Public Hearing to, rescind the permit was opened on June 23, 2010. Findings of Fact: . At the hearing on,June 23,201,0 the Laura,F.Shufelt, Hearing Officer made the following finding's Of fact: , d i Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2002-30 Mauro 0.and Aida C. Rivera is rescinded 1 In May of 2010, applicants did apply to the Zoning Board of Appeals for a special permit to allow for a family apartment. . 2. The Accessory Affordable Apartment Program Coordinator took action to rescind Comprehensive Permit No.2002-30. Decision: At the hearing on June 23,2010 the Hearing Officer ruled to rescind Comprehensive Permit No. 2002-30. Transmission: In accordance with Part II,Section'4,02 and Part 111,Section 3.72 of the Town of Barnstable Administrative Code,the Hearing Officer transmitted the written decision to the Zoning Board of Appeals on June 25, 2010. As fourteen days have elapsed.since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes final, Ordered: Comprehensive Permit 2002-30 is rescinded.Appeals of this decision,if any,shall be made pursuant to MGL Chapter-40A,Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed.in the office of the-Barnstable Town Clerk. Laura F.Shufelt, Hearing Officer Date Signed 1, Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County, Massachusetts, t,ere'by certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision.' and that no appeal of the decision had been filed in the office of the Town Clerk Signed and sealed this d day of under the pains and penalties Linda Hutchenrider,..Town'Clerk BARNSTABLE REGISTRY OF p ? Barry, Lois To: Dabkowski, Cindy Subject: 34 Strawberry Hill Road Cindy, There may be problems switching this to a Family Apartment. As you know, ZBA would be required due to the size. Also, he is talking about a short-term situation for the family member(s) and wanting to go back into Amnesty after that. He and his wife own two other properties that may also have apartments in them. Robin spoke with Mr. Rivera and she will visit all three properties. Lois 1 f Message Page 1 of 1 Anderson, Robin From: Anderson, Robin Sent: Friday, May 07, 2010 10:43 AM To: Traczyk, Art Cc: Perry, Tom Subject: 34 Strawberry Hill Rd, Centerville Art, had an opportunity to review the ZBA agenda for 5/13/10. Please note that Appeal No. 2010-017 (Rivera Special Permit) is of concern to us. You should know that Mr. Rivera owns other property. I also had occasion to inspect the two other dwellings and as a result I found 15 Sterling Road had an illegal apartment. Although Mr. Rivera did in fact obtain a building permit for the removal of the aforementioned unit on 4/15/10, no inspections have been requested in order to confirm that he restored the property to a single family home. I did explain to Mr. Rivera that this must be resolved (completed and inspected) before he continues with his application for a family apartment at his own home.. Until we can confirm the work was done in accordance with the directive given and the plans submitted, we will continue.to harbor . reservation and concerns regarding the applicant's intention to comply with our ordinances. P,96in Robin C. Anderson Zoning Enforcement Officer 7'own of Barnstable 200 .whin Street Hyannis, NA 026oi 5o8-862-4027 5/7/2010 Barnstable Assessing Search Results Page 1 of 2 ► .� a , ®= a • � s� '� {{�: .�F , ron tts. s�` y ��` k•' 8 "Mt„ tv�ft<.�� +R �ir`�'+Y , Home:Departments:Assessors Division:Property Assessment Search Results New Search New Interactive Maps» � 4 Owner: 2009 Assessed Values: RIVERA,MAURO O&AIDA G 34 STRAWBERRY HILL ROAD Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $140,100 $140,100 246 /070/ Extra Features: $35,100 $35,100 Outbuildings: $2,306 $2,300 Mailing Address Land Value: $155,900 $155,900 RIVERA,MAURO O&AIDA G Totals $333,400 $333,400 34 STRAWBERRY HILL RD Residential Exemption Received=$100,964 CENTERVILLE,MA.02632 2009 REAL ESTATE Tax Information: Tax Rates:(per$1,000 of valuation) Community Preservation Act Tax $48.11 Fire District Rates Town Residential Barnstable FD-All Classes $2.37 $6.90 C.O.M.M.-All Classes $1.08 Town Commercial C.O.M.M.FD Tax(Residential) $360.07 Cotuit FD-All Classes $1.43 $6.12 Hyannis-Residential $1.78 Town Tax(Residential) $1,603.81 Hyannis-Commercial $2.77 W Barnstable-All Classes $2.11 Community Preservation Act 3%of Town Tax Total: $2,011.99 Construction Details Building Property Sketch & ASBUILT Cards Building value $140,100 Interior Floors Carpet property Sketch Legend Style Raised Ranch Interior Walls Drywall Model Residential Heat Fuel Gas 1 h Grade Average Minus Heat Type Hot Water , Stories 1 Story AC Type None +r, ✓;,i*6Q Exterior Walls Wood on Sheath Bedrooms 5 Bedrooms Roof Structure Gable/Hip Bathrooms 3 Full+1 H ft !F Ply Roof Cover Asph/F GIs/Cmp living area 1210 Replacement.Cost $164882 Year Built 1969 9 Depreciation 15 Total Rooms 11 Rooms Land CODE 1040 AsBuilt Card N/A Lot Size(Acres) 0.34 Appraised Value $155,900 ` ` .,View Interactive Maps >> Assessed Value $155,900 + Sales History: Owner: Sale Date Book/Page: Sale Price: http://www.town.bamstable.ma.us/assessing/2009/displayparcel O9map.asp?m*appar=246070 1/27/2010 Barnstable Assessing Search Results Page 2 of 2 RIVERA,MAURO O&AIDA G Apr 20 2001 12:OOAM 13746/317 $180,000 BELAEFF,IVAN Oct 19 1973 12:OOAM 3001/035 $0 Extra Building Features Code Description Units/SQ It Appraised Value Assessed Value FPL1 Fireplace 1 $2,600 $2,600 SHED Shed 192 $1,300 $1,300 BLA Bsmt Liv-Aver 1210 $25,700 $25,700 APTX Extra Apartmt 1 $6,800 $6,800 SHED Shed 120 $1,000 $1,000 Property Sketch Legend BAS First Floor,Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) r, http://www.town.bamstable.ma.us/assessing/2009/displayparcelO9map.asp?mappar=246070 1/27/2010 Town of Barnstable *Permit pExpires 6 months from issue date Regulatory Services Fee r r anxer Thomas F.Geiler,Director LD . PERIWI Building Division / MAR Tomerry,CBO, Building Commissioner 3�2s1 a 2 5 2008 200 Main Street,Hyannis,MA 02601 Office: 5 80862-40U38 BARNSTABL www'town.bamstable.ma.us E Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number Property Address 3 41- 12,- 3 ❑Residential Value of Work 1�,S-,7e, 2Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address Contractor's Name Telephone Number Home Improvement Contractor License#(if applicable) ❑Workman's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ I am the Homeowner ❑ I have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy# Copy of Insurance Compliance Certificate must be on file. Permit Request(check box) �Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows/doors/sliders.U-Value (maximum.35) *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License is required. SIGNATURE: 6 Q:\WPFILES\FORMS\building permit fomis\EXPRESS.doc - Revise020108 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations' 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print LeLyibly Name--(Business/Organization/Individual): Address: City/State/Zip: ��, �, Phone.#: S® -2��� Are you an employer?Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I • employees(full and/or part-time).* - have hired the sub-contractors 6. ❑New construction 2:El am a sole proprietor or.partrter- listed on the attached sheet. 7::.❑Remodeling ship and have no employees These sub-contractors have 8.`❑ Demolition workingfor me in an capacity. employees and have workers' , Y P ty $ 9. El Building addition [No workers'comp.insurance comp.insurance. 10. Electrical repairs or additions required.] 5. ❑ We are a corporation and its ❑ P C - q j officers have exercised their 11. Plumbing repairs or additions 3.(�I=am a`homeowner-doing�all work ❑ g P myself[No--workers=comps right of exemption per MGL 42 E)-_Roof repairs (insurance required_]_tom C. 152, §1(4),and we have no employees. [No workers' 13.❑ Other comp.insurance required.] . *Any applicant.that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage_as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. Ida hereby certifyyunadthe pains penalties of perjury that the information provided above is true and correct 2.5 —o _ Phone#: Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Information and In Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in.the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for.the performance of public work until acceptable evidence_ of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in _(city or town).".A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Fax# 617-727-7749 Revised 11-22-06 www.mass.gov/dia r tHE Town. of Barnstable 1p Regulatory Services RARNs2ABLE ' Thomas F.Geiler,Director 9 MASS. 1639• A,0 Building Division TED � Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 wwnv.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: 2 tJ0B-LOCATION:-3�y SS � /U number V street village "HO�EM':-� 1 �2-----` name home phhollne#n 'work phone# CURRENT MAILINRESS: 5Ga. -e city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside, on which there is,or is intended to be, a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the buildingyermit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requ a ents. ' ignature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the ' State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section,109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." "G Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor., The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. , Q:forms:homeexempt °Ftt Town of Barnstable Regulatory Services BMWSTABM Maas.A Thomas F.Geiler,Director SS. s639. ,�,� �eTf039 Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-8624038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application for. (Address of Job) Signature of Owner Date Print Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the revers_eTs dew Q:FORMS:O W NE RP ERM I S S I ON 1vST CENTERVILLE-OSTERVILLE-MARSTONS MILLS FIRE DISTRICT DEPARTMENT OF FIRE-RESCUE&EMERGENCY SERVICES 1875 Route 28•Centerville, MA 02632-3117 1926 508-790-2375 x1 - FAX: 508-790-2385 John M. Farrington,Chief Martin O'L.MacNeely, Fire Prevention Officer Craig E.Whiteley,Deputy Chief Francis M. Pulsifer, Fire Prevention Officer February 7, 2007 Mr. Thomas Perry Building Commissioner- Town of Barnstable 200 Main Street Hyannis, MA 02601 Dear Commissioner Perry: Pursuant to MGL Chapter 148 Section 28A,.I am malting you aware and request your interpretation of an apartment without proper egress, and additional un-permitted - �-; bedrooms at: j 34 Strawberry Hill RoadPQ Centerville,MA During a recent incident at this address, I was asked by the Fire Chief Jame ollow-.up with smoke detector issues at this residence..Upon,arrival,I met the owner of property and being allowed entry to the structure;,I ho.ticed'a two-story wood ' residential structure. The top floor is separated from the lower floor by a locked door in the interior stairwell. The top floor is a complete unit including three bedrooms. The lower floor has an individual apartment with one bedroom. The secondary egress from the apartment is severely restricted by kitchen cabinetry to allow only approximately one (1) foot travel width to the exit. In addition to the apartment on the lower level, there are three additional bedrooms. The TOB has this property listed at five (5) total bedrooms. Please advise--me of your interpretation and any corrections needed to correct the issues. Thank you for your anticipated cooperation with this issue. I may be reached at 508-790-2375 with questions or concerns relative to this inspection. Sincerely, UV Francis M. Pulsifer ,c, Fire Prevention,Officer., "� —5 Cc: Robin.Giagregorio U "Commitment to Our Community" Town of Barnstable Regulatory Services pF THE Tp� 'Do Thomas F.Geiler,Director BARNsrrAa�. Building Division MASS. g Tom Perry,Building Commissioner 019. '•rFp Mptl p�0 200 Main Street, Hyannis,MA 02601 / www.town.barnstable.ma.us Office: 508-8624038 Fax: 508-790-6230 Approved: Fee: r;������ Permit#: `��(',7� HOME OCCUPATION REGISTRATION Date: zq Name: l U I C6 / ��1 V .V Phone# ���UO (' ?jy Js Address �C1 .5 �, «� r rya .; Village 1/1 ✓I �� � Name of Business: ���;��� , ��� , (a foe , i Type of Business: tl�t d �44 \.11 LMap/Lot: INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation �v�nthin single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the yractivity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that.dwelling unit. • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke,dust or other particular matter,odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. • There is no"commercial vehicles related to the Customary Home Occupation,other than one van or one } pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to • exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • : No sign shall be displayed indicating the Customary Home Occupation. If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. y. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,.the undersigned,h ve ead and agree with the above restrictions for my home occupation I am registering. Applicant: Date: Homeoc.doc Rev.5/30/03 Town of Barnstable FtHE Tp� ° do Regulatory Services ..� Thomas F.Geiler,Director . + HARNSTABLE, .. MASS. Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 PERMIT# ' Y75 U FEE: $��• O SHED REGISTRATION 120 square feet or less Location of shed(address) Village Z—"E6t�r !/-e� 150 / 7� S� 3� " Property owner's name Telephone number Size of Shed` Map/Parcel# —' l Signature Date Hyannis Main Street Waterfront Historic District? ' Old King's Highway Historic District Commission jurisdiction? / / Conservation Commission(signature is required), /�f* ��E� �Gtt�� PLEASE NOTE: IF YOU ARE WITHIN THE JURISDICTION OF ANY OF THE ABOVE COMMISSIONS,THERE MAY BE A REVIEW PROCESS AND APPLICATION FEE. PLEASE SEE THE APPROPRIATE COMMISSION FOR DETAILS. THIS FORM MUST BE ACCOMPANIED BV A PLOT PLAN Q-forms-shedreg REV:121901 LOC YICJ N OF PR C I 1Z LINES AY N T BE &CCU TE STANDARD LEGEND ! NOTE:not all symbols will appear on a map GOLF COURSE FAIRWAY / ^r' EDGE OF DECIDUOUS TREES EDGE OF BRUSH - _. ,. ORCHARD OR NURSERY 031. ® - - - - EDGE OF CONIFEROUS TREES Z __.": MARSH AREA Q.. - EDGE OF WATER CHADW C rn z ___- DIRT ROAD 0. DRIVEWAY a F--PARKING LOT PAVED ROAD 01).'III o m' . .gyp ° !o� - DRAINAGE DITCH PATH/TRAIL Ol aeO Z ; � -`h \Y `� �� � , �, - PARCEL LINE Rs Z MAP 326 MAP# 1—PARCEL NUMBER ------- p - #0367 HOUSE NUMBER 2 FOOT CONTOUR LINE 46 - — 10 FOOT CONTOUR LINE MA 24 a Elevation based on NGVD29 `,•�4.9 SPOT ELEVATION STONEWALL -X----X-- FENCE 1RETAINING5 WALL 34 y� i i I ;- RAIL ROAD TRACK ------------------- --_-_---:- � STONE JETTY POOL SWIMMING POOL ------------- PORCH/DECK i BUILDING/STRUCTURE V . art DOCK/PIER r x xME, HYDRANT ......-.... . �� a VALVE O MANHOLE a /\ 0 POST p FLAG POLE T O W N O F B A R N S T A B L E G E O G R A P H I C I N F O R M A T I O N S Y S TmmE M S U N I T .a SIGN ® STORM DRAIN N PRINTED OIL IN FEET *NOTE:This map is an enlargement of a **NOTE:The parcel lines are only graphic representations DATA SOURCES: Planimetrics(man-made features)were interpreted from 1995 aerial photographs by The James ❑ TOWER 4 - 1°=100'scale map and may NOT meet of property boundaries.They are not hue locations,and W.Sewall Company.Topography and vegetation were interpreted from 1989 aerial photographs by GEOD 0 UTILTfY POLE w , c 0 15 30 National Ma�Accuracy Standards at this do not represent actual relationships to physical objects Corporation. Planimefia,topography,and vegetation were mapped to meet National Map Accuracy Standards : 1 INCH=30 FEET* enlarged sca s. on the map. at a scale of 1-100'. 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" .- .:.: - C Certificate :of Co Hance. t e=f F,t>' 6F _ _ _ _ _ „ , �nimumh bn le-jp uiremenCs er_tfLtass,-husetts'State--.B-, in Cotle r r . This ceraficate indicates acceptple m a ab g - ' I . T. - - ;' _and Town o,Barnstable omn ordinances-in accordance wtth*Che Ainnest �o iam g Y P �.. _ _ -yyq d .N - I;ocaton 34 Strawberr Hill Road, Centervlle, lVlA t r y t V * Unit Capacity 3 be ooms to exceed 3 ersons _ �z to ,- Inspe - = -- _ f +� - e ry -�I �r �;_,i,�7w1.--�.-o-,,-.,-q� 1 3 _ - t i2 . MI No 246/070 � � _` _ u' r _. > r- �F7HE The Town of Barnstable - BARNSTABLE. Department of Health Safety and Environmental Services alFOMpya° Building Division - 200 Main Street,Hyannis,MA 02601 3 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice - Type of Inspection Location �� Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: Please call: 508-862-4038 for re-inspection. r - Inspected by Date ��� .'may ��� , ea �...� �"', �'�'c. u,s x€v, y��..,<�` ��,�'�'�• E<E '�' a,n�.'� ��"'�.t.. �" �.:�"� u� u� ���h� �� ^���'-=s��''�-'���'`.""a�d. �.!` ����_,„-` ;�; ( z�'�5�5�1��-iTi�3 �� ��I�1�a1�313�1415�1�"6 Tw vft Mlig�i4 ;y f I�ZE�h �3; E§ .'yv C• "�''}13. x^,'h ''lit v, "➢''d'. ' 1>�f�� 5� 'jZ,t R E Ftt �s +T � �� !. � F :.. MAATNtv TaskPad ,t xan�.z.a� �' ,� .��' ^��z.� .�"v c��3 � �Y���� t k 1��� �.% �" •i,,� y a �� � ''E�3 Q ai It r M�M 09 ��� s'€ �'' ���;�-� ���� �� ��`��� � ��� ��� ^ � ���� � �rya • ,- E > e � E � AO, D0` 11,en �Na xf k Perry,Tom 1 6/24/03 Barry, Lois From: Mcauliffe, Paulette Sent: Tuesday, June 10, 2003 5:14 PM To: Barry, Lois Subject: RE: Rivera Dear Lois, The last number we have on him is: 508-771-3435. If that doesn't work, I believe his wife, Aida Rivera works at The Regency Nursing Center in Centerville. Thanks. PT -----Original Message----- From: Barry,Lois Sent: Tuesday,June 10,2003 9:46 AM To: Mcauliffe, Paulette Subject: Rivera Mauro Rivera, 34 Strawberry Hill, Centerville, has a non-published number. Do you have his phone number? I have left messages for Montcalm, Toledo, and Driscoll to call me to schedule inspection. 1 or --2002 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICITVE COVENANTS,is made this day of `7 Pa4!1_ ,2002,by and between'MauroRivera.of 34-Strawberry Hill Road; Centerville,MA 02632,and its successors and assigns (hereinafter the "Owner"),and the TOWN bi BARNSTABLE (the"Municipality'),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations bythe Zoning Board of Appeals to permit the creation of an accessory apartment in. an owner occupied dwelling which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Unit";and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN A- The terms of this Agreement and Covenant regulate the propertylocated at 4 St'rawberryHill'Road, Cenierville,'MX�as further described in Exhibit"A"hereto annexed. B. The Project located at'34'Strawberry Hill'Road.Centerville,_MA will consist of one acsory cesapartment unit which will be rented to an eligible low or.moderate income individual or fan_*(the"Designated Affordable Unit" or the"Unit"). C. The Owner agrees to construct the Project in accordance with the terms of the comprehensive permit, Appeal No. 2002-30 and any plans submitted therewith and all applicable state,federal and municipal laws and regulations (A copy of the comprehensive permit is annexed hereto as Exhibit"B"). D. The-Owner.agrees to occutfie prin�ci al'dwelling unit located on the propertyas.their.year,round) residence im acc`Zdrdance with the ternls of tKe`compre�ensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS:. 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons of low income (herein defined as 80% or less of the median income of Barnstable- Yarmouth Metropolitan Statistical Area(VISA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of Area Median Income or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that rent(including utilities) shall not exceed the rents established bythe Department of Housing and Urban Development (HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established bythe Barnstable Housing Authority shall be deducted from HUD's,rent level. I The Designated Affordable Unit will be retained as permanent,year round rental dwelling units with at least one-year leases. 4. The Owner.has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement bythe Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, Town of Barnstable �QFZHE 1p�, �� Regulatory Services „ Thomas F.Geiler,Director " a" * Building Division 9 ass. KASS. ma en.39- pie Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 COMPLAINT/INQUIRY REPORT Date: /Z z Rec'd by: Complaint Name: �ii.LI,P�U,I Map/Parcel Q.10 Location . Address• Originator Name: Street: Village: State: Zip: Telephone: 7 U Complaint Description: Je- -1�7241 > &L� ,� FOR OFFICE USE ONLY Inspector's Action/Comments Date: p Inspector: _ Additional Info.Attached Q:forms:complaint Jones, Ralph From: Mcauliffe, Paulette Sent: Wednesday, November 27, 2002 2:03 PM To: Jones, Ralph Cc: Perry, Tom; Shea, Kevin Subject: 34 Strawberry Hill Road Dear Ralph, I just heard from Mrs. Rivera. She states that she and her husband have rectified the earlier situation. The tenant is now parking his car on their property as per the condition of their comprehensive permit. Thanks. Paulette Department of Health, Safety and Environmental Services VE BARNSTABLE, 9 MASS. g 039. 1� BUILDING DIVISION BY: 1 Jones, Ralph From: Mcauliffe, Paulette Sent: Wednesday, November 27, 2002 1:07 PM To: Jones, Ralph Cc: Perry, Tom; Shea, Kevin Subject: 34 Strawberry Hill Road Re: ZBA Amnesty Case#: 2002-30 Dear Ralph, This memo is a follow-up to an earlier conversation we had regarding property at 34 Strawberry Hill Road which owners have been given ZBA approval for an Amnesty Unit. On Tuesday, November 12, 1 visited Mrs. Aida Rivera and reminded her that the Comprehensive Permit allowing them that unit had a list of conditions, including that they must provide parking on the premises for their tenant. Mrs. Rivera said she and her husband forgot about that condition, and had the tenant parking on the fence abutting the property because the tenant accidentally hit a utility wire on their property once with his car. I reminded her that not abiding by any of the conditions could jeopardize their participation in the program, and hence, they could lose the rental unit. Mrs. Rivera said she understood, and took me to meet the tenants in order to explain the condition to them. Only the wife was home. I told her a little about the program and explained the situation to her. She expressed that she and her husband would be in agreement and that he would no longer park his car at the fence. I drove by the property today while out on another site visit. From what I could see, the tenant was no longer parking his car by the fence. In addition, I left a message for Mrs. Rivera today as a follow-up to see if there are any more concerns on the issue. If you have any questions, feel free to contact me at ext. 4683. Thanks. Paulette Department of Health, Safety and Environmental Services *THE � do y � BARNSTABLE, i639• AjEO N1p't A BUILDING DIVISION BY: 1 Town Manager John Klimm Town Hall 230 South Street Hyannis, Massachusetts TOWN 0j� BAR1€5 174BL�E I'OWN MA G F,—S OFFICE *02 NOV 20 P 3 :41 Dear Town Manager. We are forwarding to you our letter to the Zoning Board that was sent on October 13,2002. We of the neighborhood of Priscilla.St-Adrenna St.-Patricia St.-Chadwiek Ave in West Hyannisport are concerned about a parking situation that has been going on since this summer. The situation involves the property located at 34 Strawberryhill Rd. This property was given approval by the Zoning Board to have an apartment for rent. We in the neighbor hood are well aware of the housing shortages on the Cape. We are also well aware of the problems that can arise from apartments that do no t of adhere to guidelines given for"Good Neighbor"relations. This residence has ample parking off street for one apartment, but it seems that this is not the case as we have on street parking now. One question is are there more than one apartment in use and not adequate spaces available to park off street. We feel that this is an accident waiting to happen and it needs to be addressed. Your decision to install a NO PARKING SIGN TO CORNER would help address this problem and possibly zoning should check to see that there is only one apartment on premises if not then go thru channels to take care of this. Thank you for your kind attention to this issue, This is from the Hudick family-Hohnes Family-McBarron Family-Machado Family-Tenaglia Family-Campbell Family-Keenan family-Tomiolli Family. 5EN T 7oN ry A6. d 0 c:� Zoning Board jo ly 1:) rvl 41 LI No Town of Barnstable TOWN 0f BARNS Al1LE 230 South St, T 0 W N MANA,7,'R' r 0F'FICF. Hyannis,Mass.02601 '02 NOV 20 P 3 :4 1 Dear Board Members: I am writing in regard to a property that was before you recently. The property is located at 34 Strawberry Hill Rd., West Hyannisport. This property was before you for a permit for an apartment use in the house. The problem arises from the fact that there is now on street parking on the North side of the property that abuts Chadwick Ave. The Vehicle parks on Chadwick Ave. directly on the corner. The true problem arises from the fact it is on street parking as well as owner has erected a 4 foot fence around the perimeter of the property and the vehicle parks on the outside of this fence on Chadwick Ave. directly on the corner,tires on Chadwick Ave. Any one traveling south to north making a right hand turn on to Chadwick Ave. 1) can not see this vehicle as the fence obstructs view, and 2)the vehicle is on the street. The vehicle remains parked there most of the day, leaves in late afternoon and is back parked at nite in the dark. The danger here is evident by adding the dark to the problem. If a vehicle is also coming from the north to south on Strawberry Hill Rd. and a vehicle is exiting Chadwick we have the same problem as the exiting vehicle obstructs the parked vehicle. The concern of the neighborhood is that there is now more than one approved apartment in use on this property. Why else would a vehicle park on street if there was adequate parking supplied and no more room for the tenant's cars?The fence that has been erected obstructs exiting vehicles safe view from Chadwick Ave. to turn left onto Strawberry Hill Rd. south. Your kind attention to this matter is appreciated the enclosed pictures will I hope show the problem to the Board, and that our concerns of more than one apartment are unfounded. A simple remedy to the vehicle parking problem is to require off street parking and a no parking sign be installed at the corner. The remedy of the fence we are at a quandary to and hope the,board can solve this. Respectfully yours,Neighbors of the Chadwick-Priscilla-Adrena and Patricia Sts. This letter in first mailing was signed by the Hudick family,Mcbarron family,Machado family, Holmes family, Tenaglia family,and the Campbell family. The Keenan family wishes to be added as well as the Tomiolli family. This is a circle of streets and 50% of the houses are summer homes so this is quite a majority of families. Our concerns are of the high risk of an accident and the on street parking when there is ample space for off street parking on the property it self. We are all in favor of resolving the housing problems on the Cape. Not at the expense of the neighborhood and its safety entering and exiting the street. Our request is for a NO PARKING TO CORNER sign, as well as compliance with off street parking of a rental property. We feel we are not being unreasonable in these requests. Please feel free to come and see the problem for yourselves if you try to pull out of Chadwick street or turn left onto Chadwick from Strawberryhill you run the risk of a collision Pease help us resolve this matter. R Parcel Details Page 2 of 2 Assessors Frequently Asked Questions Sales History Owner: Book/Page: Sale Date: Sale Price: ARTISTOVS, JEWDOKIA 3001/35 $0 Land and Building Description Land Building Lot Size(Acres): Year Built: 0.34 1969 Zone: Living Area: RB 1210 Appraised Value: Replacement Cost: $30,100 $87,140 Assessed Value: Depreciation: $ 30,100 22 Building Value: $68,000 Construction Details Style: Interior Walls: Raised Ranch Drywall Model: Interior Floors: Residential CarpetHardwood Grade: Heat Fuel: C Gas Stories: Heat Type: 1 Story Hot Water Exterior Walls AC Type: Wood on Sheath None Roof Structure: Bedrooms: Gable/Hip '5 Bedrooms Roof Cover: Bathrooms: sph/F GIs/Cmp ,3 1/2 Bathrms Total Rooms: 11 Rooms) Outbuildings & Extra Features Code Description Units/SQ FT Appraised Value Assessed Value FPL1 Fireplace 1Sty 1 $2,300 $ 2,300 SHED SHED 192 $800 $ 800 BLA Bsmt`L'iv-Aver 1210 $23,600 $23,600 http://town.bamstable.ma.us/departments/assessors/detailframes.asp?NL PPAR=246070 3/27/01 Parcel Details Fage I otZ 34 STRAWBERRY HILL i MapS Map/ Parcel/ Parcel Extension: Mailing Address: 246/070/ ARTISTOVS, JEWDOKIA Owner Of Record: JVAN BELAEFF RTISTOVS, JEWDOKIA� 34 STRAWBERRY HILL RD Property Location: CENTERVILLE, MA 02632; 34_STRAWBERRY HILL Fiscal Year 2000 Assessed Values Building Value: Extra Features: Outbuildings: Land Value: Totals: Appraised Value $68,000 $25,900 $ 800 $ 30,100 $ 124,800 Assessed Value $68,000 $25,900 $800 $30,100 $ 124,800 *Fiscal Year 2001 Proposed Assessed Values . Building Value: Extra Features: Outbuildings: Land Value: Totals: New Appraisal $84,000 $27,900 $ 1,500 $44,600 $ 158,000 New Assessment $84,000 $27,900 $ 1,500 $44,600 $ 158,000 HINT: To view assessments for a neighborhood click here to view map and mouse over surrounding properties to view values. -IMPORTANT- PLEASE READ THE FOLLOWING PLEASE DO NOT E-MAIL questions regarding any of the information contained on his page. Please contact the Assessors Office at 508-862-4022. Please be aware that except for the newly proposed values, the information contained on this page is based upon last year's data (for example, ownership changes, property description changes, etc.). The information on this page will be updated once the tax bills have been released. This will occur sometime in April. The Barnstable Assessing Division has recently completed the fiscal year 2001 revaluation of property values. The proposed values that you see displayed here on the website (in red print)are uncertified proposed values. The values are also on display in the Main Hearing Room at the Barnstable Town Hall from Wednesday March 7th through the 13th where assessing staff will be available to answer questions. In addition, values will be on display at all Barnstable public libraries. The purpose of this public disclosure is to allow taxpayers the opportunity to view the values prior to . the mailing of the tax bills. The values reflect the change in fair cash value of all properties over the past three years. The last time Barnstable completed a town wide revaluation was for fiscal year 1998. Property owners who choose to challenge their new valuation, must do so through the normal abatement process after the tax bills are mailed. No changes will be made during this disclosure period or prior to the mallina of the tax bills. n important thing to remember is: -do not multiply your new assessment by the present tax rate! The new(yet to be set)town tax rate will be reduced to reflect the higher values. A common misconception with some taxpayers is, higher assessments automatically equal greater amounts of money collected by the town. This is not true! The main purpose of a revaluation is to equalize property values to insure a greater degree of fairness in the way property taxes are levied. It's fair to say that with these higher values, some property owners will find themselves paying less taxes, some about the same as last year, and yes, some will pay more. http://town.bamstable.ma.us/departments/assessors/detailframes.asp?"PAR=246070 3/27/01 Parcel Details Page 2 of 2 Assessors Frequently Asked Questions Sales History Owner: Book/Page: Sale Date: Sale Price: ARTISTOVS, JEWDOKIA 3001/35 $0 Land and Building Description Land Building Lot Size (Acres): Year Built: 0.34 1969 Zone: Living Area: RB 1210 Appraised Value: Replacement Cost: $ 30,100 $ 87,140 Assessed Value: Depreciation: $30,100 22 Building Value: $68,000 Construction Details Style: Interior Walls: Raised Ranch Drywall Model: Interior Floors: Residential CarpetHardwood Grade: Heat Fuel: C Gas Stories: Heat Type: 1 Story Hot Water Exterior Walls AC Type: Wood on Sheath None Roof Structure: Bedrooms: Gable/Hip 5 Bedrooms Roof Cover: Bathrooms: sph/F GIs/Cmp 3 1/2 Bathrms Total Rooms: 11 Rooms Outbuildings& Extra Features Code Description Units/SQ FT Appraised Value Assessed Value FPL1 Fireplace 1 Sty 1 $2,300 $2,300 SHED SHED 192 $800 $800 BLA Bsmt Liv-Aver 1210 $23,600 $23,600 http-Htown.bamstable.ma.us/departments/assessors/detailframes.asp?MAPPAR=246070 3/27/01 FOUNDATION BSMT. IN ATTIC PLUMBING PRICING LAND COST ' Wells V fin. Bsmt.Area Bath Room Base ' EILDG. COST Blk.Wells Bsmt.Rec.Room St. Shower Bath6t ' ' ✓ Bsmt. PORCH. DATE •� �;'j �= _ Slab Bsmt.Garage St. Shower Ext. Walls PORCH. PRICE Walls Atti;. k j Stairs f Toilet Room Roof RENT Wells Fin.Attic Two Fixt. Bath Floors INTERIOR FINISH Lavatory Extra / / sy aHx36 A ' 1"F 1 2 3 Sink r ✓ ( ,t,_. `,.Je °` !S• r/= % Plaster Water Clo. Extra Attic TERIOR WALLS Knotty Pine Water Only le Siding ✓G Plywood / No Plumbing Bsmt. f'��a e Siding Plasterboard Int. Fin. Shingles TILING Le. Wk. G F P Bath FI. Heat / 1� Brk.On Int.Layout Bath FI.&Wains. ',, Auto Ht.Unit Veneer Int.Cond. Bath Fl. &Walls Fireplace j �' T/ Brk.On HEATING Toilet Rm. FI. Plumbing —I -- Com. Brk. Hot Air Toilet Rm. .&Wains. 7 S _ Tiling Steam Toilet Rm.Ff.&Walls q7 _ et Ins. Hot Water St. Shower v Y Ins. Air Cond. Tub Area Total Floor Furn. ROOFING ',Z Z_��tJ-� COMPUTATIONS ' Shingle Pipeless Furn. /� 'f) S.F. Q �j Shingle No Heat J S. F. /, J;" Shingle Oil Burner S.F. ' Coal Stoker S.F. t� 1�.,�.�• a F{OfN�S u„ !j5/�1I. /"L L Gas S F OUTBUILDINGS ROOF TYPE Electric Flat S.F. 1 2 3 4 5 6 7 8 91101 1 2 3 4 5 6 7 8 9 10 MEASURED S.F. Pier Found. Floor! ,r S Mansard FIREPLACES rel Fireplace Stack Wall Found. 0.H.Door LISTED FLOORS Fireplace Sgle.Sdg. Roll Roofing LIGHTING Dble.Sdg. Shingle Roof No Elect. DATE Shingle Walls Plumbing Cement Blk. Electric wood ROOMS Tile Bsmt. { 1st TOTAL �� Brick Int. Finish PRICED r '•e 2nd 3rd FACTOR - 6 /,S"3 REPLACEMENT /3 OCCUPANCY 1 CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. TOTAL blic RESIDENTIAL PROPERTY MAP NO, LOT NO. FIRE DISTRICT STREET 34 Strawberry Hill Rd. W. Hyamisport SUMMARY LAND 246 70 C-0 �; BLDGS. OWNER \:' TOTAL LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: Lot 1 a) BLDGS. ►" F�Ivan -=7 1-1 6 y TOTAL �— LAND Artistovs, Jewdokia & Belaeff, Ivan 10-19-79 3001 35 ( 1 .00) D, BLDGS. TOTAL j LAND BLDGS. TOTAL LAND BLDGS. TOTAL LAND BLDGS. TOTAL LAND BLDGS. TOTAL LAND INTERIOR INSPECTED: \ _ ) rn BLDGS. 7 /, /C?' F i I _. TOTAL DATE: ; C� LAND ACREAGE COMPUTATIONS ' 01 BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL OUSE LOT S .in y 0 o >G O LAND EARED FRONT BLDGS. REAR TOTAL VOODS&SPROUT FRONT LAND REAR BLDGS. "ASTE FRONT TOTAL REAR LAND BLDGS. TOTAL LAND BLDGS. LOT COMPUTATIONS i LAND FACTORS TOTAL' FRONT DEPTH STREET PRICE DEPTH % FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND %S ROUGH TOWN WATER BLDGS. fiUC. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND _ SWAMPY NO RD. BLDGS. Y" 1 r 'rit'i ] ly' . I- TO RK CS ED '� Town of Barnstable EXHIBIT Board of Appeals Comprehensive Permit Decision and Notice Appeal 2002-30 -Rivera Applicant: `mauro Rivera' Property Address: 34 Strawbe- Road,Hyannis Assessor's Map/Parcel: Map 246 Parcel 070 Zoning: Residential B Zoning District Groundwater Overlay: AP Aquifer Protection District Applicant: The applicant is Mauro Rivera,with an address of 34 Strawberry Hill Road, Hyannis, MA. . Mr. Rivera is the individual to whom this Comprehensive Permit is issued for the conversion of an existing un-permitted three-bedroom apartment unit within a single-family dwelling as an accessory affordable rental unit in accordance with all conditions of this permit. Relief Requested: The applicant has applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts, Chapter 40B —§20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,Pre-existing&Unpernntted Dwellings,more commonly termed the "Accessory Affordable Housing Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 3-1.3 (2) of the Zoning Ordinance—Accessory Uses to permit an accessory apartment unit to a single-family owner-occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an owner- occupied single-family residence with an accessory affordable apartment unit located within the single-family dwelling.- Locus and Background: The property is a .34acre lot that is developed with a 6-bedroom.; 3 1/2-bathroom,2,535 sq.ft. single- family,raised ranch with an accessory apartment located on the lower level, presently occupied by family friends. A Special Permit for a Family Apartment was never issued to the owner for the unit. The applicant bought the property less than a year ago and has been renting the unit to friends. The current owner found out about the program when he went to the Town's Regulatory Services to obtain permits to upgrade the property. The accessory unit is a three-bedroom unit located on the lower level of the single-family home. The area is estimated to be approximately 1,210 square feet. The locus is in a Residential B Aquifer Protection Overlay District. The unit has been documented to pre-exist January 01,2000,and qualifies for the Accessory Affordable Housing Program as an Amnesty unit. e Procedural Summary: This appeal was filed.at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on February 20,2002 at which time the Comprehensive Permit was granted. Mrs.Aida Rivera and Jessica Rivera (wife and daughter of the applicant,Mauro Rivera) represented him at the hearing. Plus,an interpreter from the Visiting Nurses Association was on hand to interpret the proceedings of the hearing for the Rivera Family on behalf of the Town of Barnstable. The Hearing Officer, Gail Nightingale presided over the public hearing. Also present were Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator,Kevin Shea,Director Office of Community and Economic Development and Michelle McKinstry,Barnstable Housing Authority. Findings as to Standing and The Comprehensive Permit: At the February20,2002,the Hearing Officer made the following findings of fact: 1. The applicant is Mauro Rivera with an address of 34 Strawberry Hill Road, Hyannis. Mr. Rivera has owned the property since April 20,2001,as documented and recorded at the Registry of Deeds in Book 3001,page 035. Mr. Rivera is requesting the Comprehensive Permit to convert an existing apartment into an accessory affordable rental unit. Income eligible,family friends presently occupy the unit. The unit qualifies for.the "Accessory Affordable Housing Program" as an Amnesty unit that existed prior to January 01,2000. Two of the neighbors (The Donovans and the Tanaglias) expressed concern about tenants living in the home without the owner present,noise control,parking in the appropriate area and concern around maintaining the neighborhood's single-fanilyenvironment. The Hearing Officer ruled that since the Amnesty Ordinance requires home owner-occupied participation that the Rivera's must live in the home. She also explained that their constant presence in the home would provide a deterrent to parking and noise violations. The Hearing Officer stated that the unit in question already existed and that it's conversion into the program would allow the Town to-improve the community by bringing it up to code while providing housing for needed residents. 2. The applicant was issued a site approval letter dated February 15,2002 from Kevin Shea, Director,Office of Community&Economic Development,qualifying the application for the Accessory Affordable Housing Program. The source of the subsidyis the federal Community Development Block Grant (CDBG) program. 3. The rental unit is approximately 1,210 square feet and is a-three bedroom It is located on the lower level of the single family raised ranch. 4. According to the Assessor's record, the structure has a total of five bedrooms. The site is %vithin the AP—Aquifer Protection District. It is actually approved for six bedrooms,according to the Massachusetts DEP (Department of Environmental Protection) Report,dated February 7,2001. 5. The Barnstable Housing Authority completed an inspection of d'.e unit on February 1,2002. The unit was found to be in good condition,met state and local housing code and given a "Pass"grading by the BHA inspector. It was also noted that the utilities are not separately metered. The applicant is aware that a final inspection by the Building Division will be required before he is given an Amnesty Certificate of Participation. 6. On February 13,2002,the applicant signed an Accessory Affordable Housing (Amnesty) Program Affidavit agreeing to comply with the programs requirements, including owner occupancy of the principal dwelling unit and further agreeing to comply with the provisions set forth in Article LXV (65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement&Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicant as a "limited dividend organization" as that term is used under M.G.L.c.40B 55 20-23. 7. The applicant understands that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan 2 Statistical Area "A) and further agrees that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD). 8. The Barnstable Housing Authority has committed to the monitoring of this affordable rental unit. The maximum allowable rent for two people for this three-bedroom unit in toda�s dollar is $1,074.00 (which includes utilities). The tenant's annual income for one person cannot exceed $29,250.00,cannot exceed $33,400.00 for two, or for three people cannot exceed $37,600.00. 9. According to the Massachusetts Department of Housing and Community Development,as of October 1,2001,4.7% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minimum under M.G.L. c. 40B �� 20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan, the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 10. Based upon the findings,the project is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictlyfollowed. Ruling and Conditions: Based upon the findings,the Hearing Officer ruled that the applicant has standing to apply for a Comprehensive Permit p under MGL Chapter 40B and p the Town of Barnstable s program for Pre-existing Dwel ling g Units in Existing Structures,Article LXV(65) of the General Ordinances. Further,based upon the findings,a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B. The granting of this Comprehensive Permit is to the applicant,Mauro Rivera. It is issued to allow for an existing apartment unit of 1,210 square feet,subject to the following conditions: . 1. The property owner shall occupy the principal dwelling unit as their year-round residence. 2. Occupancy of the affordable unit shall not exceed three people. 3. This unit shall not be occupied bya family member unless permitted under the Town Manager's criteria for the Local 40B Program. 4. To meet the requirements of affordability,the cost of housing (including utilities) shall not exceed . the Department of Housing and Urban Development's (HUD) (or any successor agency) 80%rent limits as published from time to time. Eligible tenants sh !1 have an income at or below 801% of the Area Median Income,adjusted byhouseiiold size. Both the rent limits and income limits can be secured from the Barnstable Housing Authority or from the agent of the town implementing this program. 5. All leases shall have a minimum term.of one year. 6. The applicant shall have the unit re-inspected by the Building Division to assure that all necessary requirements are met according to minimum state building and fire codes. It shall also be reviewed by the Health Division to assure compliance with applicable on-site wastewater discharge requirements. 7. The applicant may select their own tenant(s) provided the tenant(s) meet all requirements of the program and provided that person(s) income is reviewed and approved by the Barnstable Housing Authority as a qualified individual. The applicant will be required to work with the Housing Authority to provide information necessary to document that the tenant(s) qualify. The unit shall be rented on an open and fair basis. When a vacancy occurs,the unit must be listed as , 3 available with the Barnstable Housing Authority and Housing Assistance Corp. The applicant must notify the monitoring agent of a vacancy whenever it occurs. 8. Everytwelve months the applicant shall review the income eligibility of those individuals occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit the applicant shall file with the Barnstable Housing Authority an annual affidavit listing the rent charged and income level of the occupant(s) of the unit. The applicant shall provide the Barnstable Housing j Authority any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the Barnstable Housing Authority that the terms and conditions of this permit are not being upheld,.the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 9. The Accessory Affordable Unit shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 10. This - slue Pern alit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the Barnstable Housing Authority shall be notified within 60 days the name and address of the new owner. 11. All parking for the dwelling and accessory unit shall be accommodated on site, and no lodging shall be permitted on site for the duration of this Comprehensive Permit. No parking shall be allowed in the wetland area. 12. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code, the hearing officer transmitted her written decision to the Zoning Board of Appeals on , and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision, this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2002-30 has been granted with conditions. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20 days after the date of the filing of this decision in the office of the Town Clerk The applicant has appe this decisio as out � ed in MGL Chapter 40B,Section 22. � Qt�� G ightingale, acing Of r er Date Signed 7 •- �'; .ar ��i� I, da Hutche der, Clerk of the Town of Barnstable,Barnstable County,Massa!"- L17 certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed t -' - no appeal of the decision has been filed ' e office of the Town Clerk ���p Signed and sealed this . ° day of under the pains and Nnak.i s` Linda Hutchenrider, Town Clerk Property Location: 34 STRAWBERRY HILL MAP ID: 246/070/// Vision ID:17144 Other ID: Bldg I Card 1 of 1 Print Date: 10/03/2000 m�,� -7— A Element escription CommerciatVata Elements Style/Type )8 Raised Ranch Element Cd. Ch. Description Model 1 esidential Heat&AC Grade )C C Frame Type WDWB— Baths/Plumbing Stories 1 1 Story Occupancy )0 Ceiling/Wall 10 10 Rooms/Prtns Exterior Wall 1 8 ood on Sheath %Common Wall 8 2 all Height bu Roof Structure 03 Gable/Hip UBM Roof Cover 03 Asph/F GIs/Cmp A WIN UIVAI€ff MAE -41'A ffiM Interior Wall 1 05 Drywall 2 Element Code Description Factor nterior Floor 1 14 arpet Complex 17 2 12 Hardwood Floor Adj Unit Location Heating Fuel 3 as 26 Heating Type 5 of Water Number of Units AC Type I one Number of Levels 10 %Ownership Bedrooms 05 5 Bedrooms Bathrooms 3.5 3 1/2 Bathrms Z'42 31 3 Full+1H Unadj.Bas,e to 8.uu Total Rooms 11 11 Rooms Size Adj.Factor 1.12492 40 Grade(Q)Index 1.10 Bath Type Adj.Base Rate 59.40 Kitchen Style Idg.Value New 87,140 5 7 Year Built 1969 Eff.Year Built 1975 NrmI Physcl Dep 2 FuncnI Obsinc 0 Econ Obslnc 0 Specl.Cond.Code ---SpeclCond% Code Description Percentage Overall%Cond. 78 0 Single Farn luu Deprec.Bldg Value 68,000 T"B um, Code Description LIB Units Unit Price Yr. Dp Rt Yo Un d Apr. Value 0 kireplace ISty 1975 —T SHED SHED L 192 4.00 1900 0 100 800 BL B LA Bsmt Liv-Aver B 1,210 25.00 1975 1 100 23,600 .NL'Gli Code Description Living Area (irossArea Efj.Area Unit Cost undeprec.. value --BAS­--FI­rsTFl[oor 1,21U------T-,M------- 71,874 FOP Porch,Open,Finished 0 35 7 11.88 416 UBM Basement,Unfinished 0 1,210 242 11.88 14,375 WDK Wood Deck 0 80 8 5.94 475 Ttl. Ciross iv ease Area 1,21ul 2,5351 1,4671 BTdg--Va-1: 87,1401 ,.:.Property.:Location:=34 STRAWBERRY HILL•- ,'.-.;,- , •„ .. . .-.--:,,MAP ID: 246/170f11`""' -, Vision ID: 17144. Other ID: Bldg#: 1 Card 1 of 1 Print Date:10/03/2000 escription Code Appraised Value Assessed Value AN BELAEFF 4 STRAWBERRY HILL RD RESIDNTL 1010 93,900 93,900 801 ENTERVILLE,MA 02632 RESEDNTL 1010 800 800 Barnstable 2000,MA ccount an e . ax Dist. 300 Land Ct#er.Prop. #SR I S I OlN Life Estate p DL 1 Notes: DL2 GIS ID: 7-."tljj 245800 124,800 4FAI r. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed value 19991010 93,9001998 1010 939900 1999 1010 8001998 1010 800 F-75KIT*1 124,8001Total: ota: , r This signature acknowledges a visit Dy a ata Collector or ASSesSor Year lypelDescription Amount Code Description Number Amount Gomm. nt. Appraised Bldg.Value(Card) 68,000 Appraised XF(B)Value(Bldg) 25,900 ora: Appraised OB(L)Value(Bldg) 800 Appraised a g) 3010 1r ' .�, A tse Lan Value(Bldg) ,d 0 - - ',, x.. �- .• ._. Special Land Value Total Appraised Card Value 124,800 Total Appraised Parcel Value 124,800 Valuation Method: Cost/Market Valuation Net I otal AppraisedParcel Value 124,80 �A 114 2, W b ermitIssue Date Jype Description mount Insp.Date o omp. ate Comp. Comments Date urpose esu t Wff Use Gode Description Zone D Frontage Depth Units Unit Price 1.Pactor S.I. actor ona. Aaj. otes- pecia racing ,/. unit Price Lana value mg a am o es:lu IBLULY 88,650.OU , Tatal Cardan nit arce ota an rea: otal Lana Valuel , A MM DD yyyy Delete NFIRS -1 °I01920 U 1 02 1 1 051 1 2007 11 107-0000364 000 ❑Change $aS1C FDID State* Incident Date * Station Incident Number Exposure ❑No Activity Check this box to Indicate that the address for this incident is provided on the wildland Fire Census Tract I $ Location* ❑Module In Section B "Alternative Location Specification". Use only for Wildland fires. ®Street.,address 34 U ISTRAWBERRY HILL RD ❑Intersection Number/Milepost Prefix Street or Highway - Street Type Suffix ❑In front of ❑Rear of ICENTERVILLE IMA 1 102632 -1 State Zip code P ❑Adjacent to Apt./Suite/Room City ❑Directions Cross street or directions, as applicable ' C Incident Type * E1 Date & Times Midnight is 0000 E 2 Shift & Alarms Check boxes if Local Option 113 Cooking £ire, confined to Month Day Year Hr Min Sec dates are the Incident Type same as Alarm ALARM always required 4 Date. . Alarm * 02 05 2007 [07:08:25 �� �� COM12 D Aid Given or Received* shift or Alarms District Platoon ARRIVAL required, unless canceled or did not arrive 1 OMutual aid received I I ❑ L_ Arrival * 02 05 2007 07:14:14 I E3 2 ❑Automatic aid reCV. Thheireir FD JID Their J State CONTROLLED Optional, Except for wildland fires Special Studies 3 ❑Mutual aid given 4 ❑Automatic aid given I I ❑Controlled " " 1 11 I Local option 5 ❑Other aid given Their LAST UNIT CLEARED, required except for wildland fires I I I Incident Number Last Unit Special Special N ❑None ❑ Cleared L02J 1 051 1 20071 22.33._19jl Study ID# Study Value F Actions Taken * Gl Resources * G2 Estimated Dollar Losses & Values ❑ Check this box and skip this LOSSES: Required for all fires if known. Optional section if an Apparatus or for non fires Personnel form is used. . 51 (Ventilate None Primary Action Taken (1) Apparatus Personnel Property $1 1 , 000 , 000 ❑ ' Suppression 0001 0010 Contents $1 000 1 000 Additional Action Taken (2) I EMS PRE-INCIDENT VALUE: Optional ❑ Other 0007I �� u Property $�� , 000 000 ElAdditional Action Taken (3) El include box if resource counts include aid received resources. Contents .$�� , O00 , 000 ❑ Completed Modules Hl*Casual ties❑None H 3 Hazardous Materials Release I Mixed Use Property ❑Fire-2 Deaths Injuries N ❑None NN Not Mixed 10 Assembly use Structure-3 Fire 1' Natural Gas: slow leak, no av—' ation or HazMat actions II I ❑ 20 Education use Service L�J U ❑Civil Fire Cas.-4 2 ❑Propane gas: <u lb. tank (as in Home aaQ grill) 33 Medical use ❑Fire Serv. Cas.-5 �� �� []Gasoline: vehicle fuel tank table container 40 Residential use civilian 3 or por ❑EMS-6 4 ❑Kerosene: g q p g 51 Row of stores feel burning equipment or portable storage Detector 53 Enclosed mall ❑HazMat-7 Required for Confined Fires. 5 ❑Diesel fuel/fuel oil:vehicle fuel tank or portable 58 Bus. & Residential ❑Wildland Fire-8 l❑Detector alerted occupants 6 []Household solvents: home/office spill, cleanup only 59 Office use QApparatus-9 7 ❑Motor oil: from engine or portable container 60 Industrial use ❑Personnel-10 2❑Detector did not alert them 63 Military use 8 .❑Paint: from paint cans totaling< 55 gallons 65 Farm use ❑Arson-11 U r]Unknown 0 ❑other: special HazMat actions required or spill >55gal., 00 COther mixed use Please complete the HazMat forni J Property Use* Structures 341❑Clinic,clinic type infirmary 53 9 ❑Household goods,sales,repairs_ 342❑Doctor/dentist office 57 9 ❑Motor vehicle/boat sales/repair 131 ❑Church, place of worship 361[:]Prison or jail, not juvenile 571 [_]Gas or service station 161 ❑Restaurant or cafeteria 419991-or 2-family dwelling 599 ❑ Business office 162 ❑Bar/Tavern or nightclub 42 9❑Multi-family dwelling 615 ❑Electric generating plant 213 ❑Elementary school or kindergarten 43 9❑Rooming/boarding house 62 9 ❑Laboratory/science lab 215 ❑High school or junior high 449❑Commercial hotel or motel 700 ❑Manufacturing plant 241 ❑College, adult education 4 5 9❑Residential, board and care 819 ❑Livestock/poultry storage(barn) 311 ❑Care facility for the aged 4 64❑Dormitory/barracks 882 ❑Non-residential parking garage 331 ❑Hospital 519❑Food and beverage sales 891 ❑Warehouse Outside 936❑Vacant lot 981 ❑Construction site 124 ❑Playground or park 938 ❑Graded/care for plot of land 984 ❑ Industrial plant yard 655 ❑Crops or orchard 946 ❑Lake, river, stream Lookup and enter a Property Use code only if 669 ❑Forest (timberland) 951 ❑Railroad right of way you have NOT checked a Property Use box: 807 ❑outdoor storage area 960 ❑Other street Property Use 1419 919 []Dump or sanitary landfill 961 ❑Highway/divided highway 931 ❑Open land or field 962 ❑Residential street/driveway 11 or 2 family dwelling J NFIRS-1 Revision 03 11 99 COMM Fire District 01920 02/05/2007 07-0000364 Kl :;Person/Entity Involved Local Option Business name (if applicable) Area Code Phone Number 0 Check This Sox if I I I U I I " same address as Mr.,Ms., Mrs. First Name MI Last Name Suffix incident location. I UU I I UU UU Then skip the three duplicate address Number lines. Prefix Street or Highway. .. Street Type Suffix I I UU I I Post Office Box .. Apt./Suite/Room City u I I-UU State Zip Code More people involved? Check this box and attach Supplemental Forms (NFIRS-lS) as necessary �2 Owner Same as person involved? Then check this box and skip I I U The rest of this section. u u Local Option - Business name (if Applicable) Area Code Phone Number u I IUI 1 U ❑ Check this box if Mr.,Ms., Mrs. First Name MI Last Name Suffix same address as incident location. I I U I i UU LU Then skip the three duplicate address Number Prefix Street or Highway Street Type Suffix lines. I I I I I Post Office Box Apt./Suite/Room City U I I-U State Zip Code L Remarks Local Option Caller Name : LISA RIVERA OIC : CROSBY - Pats. . 0 rcrosby ; 2007/02/05 07:14: 14 - 301 AT EVENT MANNING IS 1 rcrosby ; 2007/02/05 07: 17:28 - 307 AT EVENT MANNING IS 3 rcrosby ; 2007/02/05 07: 18:17 - 304 AT EVENT MANNING IS 3 rcrosby ; 2007/02/05 07:19:13 - E-823 AT EVENT MANNING IS 4 rcrosby ; 2007/02/05 07:20:24 - 305 AT EVENT MANNING IS 3 911 ; 2007/02/05 07:08:26 Time of Call RESD 07:07 02/05 Phone Number (508) 771-3435 COID=VERIZ Caller Name RIVERA, AIDA & MAURO Street Number : 34 Street Name : STRAWBERRY HILL RD Service Municipality : CENTERVILLE ESN : ESN=509 MTN:508-771-3435 rcrosby ; 2007/02/05 07: 13:26 REPORTS "I THINK THE HOUSE IS ON FIRE" rcrosby ; 2007/02/05 07:14:31 2 STORY WF - NOTHING SHOWING L Authorization 18100 I IFARRINGTON, JOHN M. ( (CHIEF 1 1 1 021 051 1 2007 Officer in chargeID Signature Position or rank Assignment Month Day Year CheBox 1 I INo Staff ID 1 l 1 1 I UU IU I� same Position or rank Assignment Month Day Year as Officer Member making report ID Signature in charge. COMM Fire District 01920 02/05/2007 07-0000364 MM DD YYYY I-01920 I U L 21 U 1 2007 1 1 1 07-0000364 1 000 Complete FDID State Incident Date Station Incident Number Exposure Narrative Narrative: Caller Name LISA RIVERA OIC CROSBY Pats. . 0 rcrosby ; 2007/02/05 07:14 : 14 - 301 AT EVENT MANNING IS 1 rcrosby ; 2007/02/05 07:17:28 - 307 AT EVENT MANNING IS 3 rcrosby ; 2007/02/05 07:18:17 - 304 AT EVENT MANNING IS 3 rcrosby ; 2007/02/05 07:19:13 - E-823 AT EVENT MANNING IS 4 rcrosby ; 2007/02/05 07:20:24 - 305 AT EVENT MANNING IS 3 911 ; 2007/02/05 07:08:26 Time of Call RESD 07:07 02/05 Phone Number (508) 771-3435 COID=VERIZ Caller Name RIVERA, AIDA & MAURO Street Number : 34 Street Name : STRAWBERRY HILL RD Service Municipality : CENTERVILLE ESN : ESN=509 MTN:508-771-3435 rcrosby ; 2007/02/05 07:13:26 REPORTS "I THINK THE HOUSE IS ON FIRE" rcrosby ; 2007/02/05 07: 14:31 2 STORY WF - NOTHING SHOWING rcrosby ; 2007/02/05 07:16:05 STRANGE ODOR rcrosby ; 2007/02/05 07 :18:01 COOKING INCIDENT BASEMENT APARTMENT rcrosby ; 2007/02/05 07:18:53 RETURN ALL UNITS - HOLD 307 rcrosby ; 2007/02/05 07:23:20 307 VENTILATING - ALL UNITS TO FIRE ALARM c rcrosby ; 2007/02/05 07:37:25 JOSE LIMA - BASEMENT APARTMENT TENANT Dept received call for fire in home. Sta. 1, 2, 3 and Hyannis on line box responded. Upon my arrival I met BPD officer coming from home and reported smoke smell, but can't find anything. I went to second floor of home and and could smell burnt food. Shortly, young woman from first floor apt came to second floor and said she burned food on the stove. I- went to first floor apt and saw burned food in pan in kitchen sink I spoke with male and female in apartment who were cooking . ( extreme lanquage barrier) She wrote down apartment owner on piece of paper stating name was Jose Lima. Ladder 307 ventilated building. Lt Crosby pointed out that three propane tanks on second floor deck and spoke with apartment owner that the bottles could not be on the deck and could only be in the yard. Again, difficult language barrier. It appears to be several apartments in this building and forwarded information to Inspector Pulsier to follow-up. Minor smoke smell in apartments and just food burned in a pan. No other apparent damage. JMFarrington Lt Crosby, officer on ladder and Duty Officer Follow up re: issues noted during emergency incident on 02-05-07 COMM Fire District 01920 02/05/2007 07-0000364 1­d1920 I U U U 1 2007 1 1 1 07-0000364 1 000 Complete FDID * State* Incident Date * Station Incident Number * Exposure * Narrative Narrative: Requested by Chief Farrington to investigate smoke detector issues following an emergency incident at this address on 02-05-07. Responded on 02-05-07 at approx. .09:00 hours, no answer at the residence. Responded again on 02-06-07 at approximately 09:00 hours, met by the homeowner stating he "was up late drinking" and asked if I could come back later. I advised that I would return at approximately 14:30 hours, he stated this was ok. I returned to the residence at 14 :30 hours to-find two-story wood frame residential structure. Met the owner, Mr. Mauro Rivera 5-8-292-2556 (cell) 508-771-3435 (home) . Mr. Rivera allowed entry to the residence. I tested all smoke and CO detectors in the residence to find all in operating condition. I requested that Mr. Rivera place another CO detector in the basement near three bedrooms without CO detection within 10 ft. During the inspection, I noticed that the first floor was separated from the basement level by a locked door at the interior stairwell. The first floor has a complete dwelling unit including three bedrooms. The basement level has an apartment on the "D" side with a single bedroom. The secondary means of egress from the apartment is via an exterior door through the kitchen. This egress access is severely restricted by the kitchen cabinetry allowing approximately one (1) foot of travel width. In addition to the basement apartment, there are three other rooms used as. bedrooms on the basement level. I could not ascertain during this inspection if the windows were adequate egress size, however, nearly all the windows in the residence have recently been replaced. The TOB assessors have the property listed as a total of five bedrooms including an apartment. I addressed my concerns with the owner and he stated that he purchased the residence this way and the town has given him authorization to use the apartment under the amnesty program. Cleared w/o incident. Letter to the Building Department. and Zoning Enforcement was sent for follow up. 02/07/2007 09:29:53 fpulsifer COMM Fire District 01920 02/05/2007 07-0000364 "01920 U 1 21 U 1 2007 1 1 1 07-0000364 1 1 000 Complete FDID State Incident Date Station Incident Number Exposure Narrative Narrative: Caller Name LISA RIVERA OIC : CROSBY Pats. . 0 rcrosby ; 2007/02/05 07:14:14 - 301 AT EVENT MANNING IS 1 rcrosby ; 2007/02/05 07:17:28 - 307 AT EVENT MANNING IS 3 rcrosby ; 2007/02/05 07:18:17 - 304 AT EVENT MANNING IS 3 rcrosby ; 2007/02/05 07:19:13 - E-823.AT EVENT MANNING IS 4 rcrosby ; 2007/02/05 07:20:24 - 305 AT EVENT MANNING IS 3 911 ; 2007/02/05 07:08:26 Time of Call RESD 07:07 02/05 Phone Number (508) 771-3435 COID=VERIZ Caller Name RIVERA, AIDA & MAURO Street Number : 34 Street Name : STRAWBERRY HILL RD Service Municipality : CENTERVILLE ESN : ESN=509 MTN:508-771-3435 rcrosby ; 2007/02/05 07:13:26 REPORTS "I THINK THE HOUSE IS ON FIRE" rcrosby ; 2007/02/05 07:14:31 2 STORY WF - NOTHING SHOWING rcrosby ; 2007/02/05 07:16:05 STRANGE ODOR rcrosby ; 2007/02/05 07:18:01 COOKING INCIDENT BASEMENT APARTMENT rcrosby ; 2007/02/05 07: 18:53 RETURN ALL UNITS - HOLD 307 rcrosby ; 2007/02/05 07:23:20 307 VENTILATING - ALL UNITS TO FIRE ALARM rcrosby ; 2007/02/05 07:37:25 JOSE LIMA - BASEMENT APARTMENT TENANT Dept received call for fire in home. Sta. 1, 2, 3 and Hyannis on line box responded. Upon my arrival I met BPD officer coming from home and reported smoke smell, but can't find anything. I went to second floor of home and and could smell burnt food. Shortly, young woman from first floor apt came to second floor and said she burned food on the stove. I went to first floor apt and saw burned food in pan in kitchen sink I spoke with male and female in apartment who were cooking . ( extreme lanquage barrier) She wrote down apartment owner on piece of paper stating name was Jose Lima. Ladder 307 ventilated building. Lt Crosby pointed- out that three propane tanks on second floor deck and spoke with apartment owner that the bottles could not be on the deck and could only be in the yard. Acrain, difficult language barrier. It appears to be several apartments in this building and forwarded information to Inspector Pulsier to follow-up. Minor smoke smell in apartments ` and just food burned in a pan. No other apparent damage. JMFarrington Lt Crosby officer I on ladder and Duty Officer Follow up re: issues noted during emergency incident on 02-05-07 Requested by Chief Farrington to investigate smoke detector issues following an emergency c04�rd�st at this address on 02-05-07. Responded on 02-05-07 at appr8�2o 09'o99os�1�b�}rs' b1P0000369 .. 'i 6 Complaint Number.= ., 1788 Taken bv: BUILDING SLRV CLS _ - Date. 10 3 00 = Map/parcel. 246 070 ,Referred-to: iILDNG ` ' W t ` SUBJECT OF COMPLAINT ., �=L x a _ ,� _ u Business/Occupant Name: IVAN BELAEFF t _ - e t Number 34 Street: STRAWB ,RRY HILL RD. Xill CUNT RVILLI ti: g :- LO. , IN!, . j - .,- -. _ ....-sue•r,,: _ `='" COMPLAINT INFORMAI ION45 ` _ Complainant's Name: 'C.O.M. FIRE DEPT r Address: . Telephone Number: , `ComplaintDes& -' do ' HOME HEALTH AID VERY CONCERNED - ABOUT WOMAN WHO LIVES THERE ' F, f COMING BACK FROM HOSP,---MANY VIOLATIONS--ILLEGAL APT. PLEASE G T t • a. b CHECK. x w Actions Taken/Results:e WILL CHECK---ALSO WILL REFER TO B, O, "r z xg 77,77- 41 r � m x rDafekClosed a d r i i r F THE Town of Barnstable �F 1p� o Building Department Services Brian Florence, CBO BARMSTABLE, M" $ Building Commissioner S, 039. 200.Main Street,Hyannis, MA 02601�, www.town.barnstable.ma.us Office: 508-862.-4038 �� 4a 3508!�V0;6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is v I am the owner/resident of the Ly � property located at: The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: Name &relationship to owner: The Family'Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment,I will immediately notes the Building Commissioner in writing. I understand that.;�o subletting or subleasing of said Family Apartment is permitted' I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section.240-47.l Family Apartments. I agree to note the Building Commissioner immediately in the event of the sale of this property. . If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of J 2010. --2-.�;7� Signature Phone Number Print Name A ` q:forms/famaffid.doc rev 11/08/13 Town of Barnstable Building Department Brian Florence, CBO • anxtvsTnetE. • MAS& $ Building Commissioner i679. ♦0 ''RFD MA'S 200 Main Street, Hyannis, MA 02601 ��/CD/�G www.town.barnstable.maxs 0�Pr Office: 508-862-4038 T JAN 191 8508-790-6230 owN 0`P8AR,,,,T Town of Bamstable Family Apaft—m—e-fif Affidavit I, being on oath, depose and state as follows: My name is wo I am the owner/resident of the 3 q property located at: 6A "V'0' zz The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: aura /mill Name &relationship to owner: UB ZG1 �QGr/ The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment,I will immediately notes the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this �� day of Qom, 2018. Signature Phone Number Print Name q:forms/famaffid.doc rev 11/22/2017 Town of Barnstable` Regulatory Services oFWE Richard V. Scali,Director Building Division TOW N OF BARNSTABLE „ Paul Roma,Building Commissioner .15 AM 10: 9 'OrFn � 200 Main Street, Hyannis,MA 02601 s wwiv.town.barnstable.ma.us Office: 508-862-4038 ` ax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and'state as follows: ' My name is �l �• .I am the owner/resident of the r f property located at: car�&V, 0210 3 The following members of my family will be thesole occupants of the family Apartment at the aforementioned address: 'y Name &relationship to owner: � --- _ Name &relationship to owner .1 ►� --'L- The Family Apartment will be the primary year-round residence for the above-identified' V, 4 family members. In the event that the listed relatives vacate said apartment, 1 will immediately note the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special.Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building Commissioner immediately,in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled.The apartment has been transferred to the Amnesty Program (Appeal No. Other k` Sworn to un er the pains and penalties of perjury this' day of 2017. 9z —2-s5 HE S nature Phone Number r -Print Name q:forms/famaffid.doc .rev 11/08/12 r � .. Town of Barnstable Regulatory Services of rO�r. Richard V. Scali,Director Building Division MAMSTABLEv , ' Thomas Perry, CBO,Building Commissioner �pri639' A`� 200 Main Street, Hyannis, MA 02601 Ep�AA� www.town.b a rn s to b l e.m a.u s Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affgda VG aIFp7' I, being on oath, depose and state as follows. JAN 4 ZQ�6 "Owl My name is / l li� �� -�� I am the owner/residentt o'th \,,.AP : � property located at: A� -3 2/ The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner SLR. LV4'�^ ab V - Name &relationship to owner:--1 ._ The Family Apartment will be the primary year-round residence for the above-identified . family members. In the event that the listed relatives vacate said apartment, I will immediately notes the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Af'davit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: laic apaitliic';iit iiaa The apartment has been transfe ed o the Apmesty Program (Appeal No. !�S Other Sworn to under the pains and penalties of perjury this day of 2016. Si ature - one Number Print Namea1L1L /L � .q:form's/famaffid.doc rev 11/08/12 Town of Barnstable �11Yz►+E To,,, Regulatory Services Richard V. Scali,Director 1 BARNSTABLE, 1 Building Division w T 9 MASS. l"fF `bpTE 039. Thomas Perry, CBO, Building Commissioner " = '• , 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us " r Office: 508-862-4038 ro �5790230 Town of Barnstable Family Apartment Affidavit I, being on oathLdeose and state as follows: My name is 6"IK I am the owner/resident of the property located at: 7 The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately note the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of 2015. Si afore Phone Number Print Name AVd q:forms/famaffid.doc rev 11/08/11 Regulatory Services of roy, Richard V. Scali,Interim Director Building Division seaivsrnsi,E, v Mnss. Thomas Perry, CBO, Building Commissi' §W-M OF BARN"31TABLE 200 Main Street, Hyannis, MA 02601 Eo�r www.town.barnstable.maxs 2914 FEB 26 PM 2: 31 Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is'/ -[ ,v � � I am the owner/resident of the property located at: ���� w �-2�hY /�✓✓ �/J The following members ofmy family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: I�L%4v� � Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identi,fed family members. -In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or.subleasing of said Family Apartment is permitted. , I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building Commissioner immediately.in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain:_ The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other , Sworn to under the pains and penalties of perjury this Z 6 day of jw y 2014. 62 Signature Phone Number Print Name q:forms/famaffid.doc rev 11/08/11 Town of Barnstable Regulatory Services Thomas F. Geiler,Director Building Division,' Thomas Perry, CBO Building Commissioner s Ar 039. Alm 200 Main Street, Hyannis, MA 02601 FD Mp'l www.town.barnstable.ma.us Officer 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit 1, being on oath,depose and state as follows; ' My name is ' t4VV0 ��'`e' I am the owner/resident of the property located at: 07� 7 The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationshipto owner`: n ( S�. vea = �o�: BC . Name &relationship to owner: J - a The Family Apartment will be.the primary year-round residence for the dbe ident fed family members. In the event that the listed relatives vacate said apartment, I wilhrmmediately Q note the Building.Commissioner in writing. I understand that no subletting or subleasing of said L . Family Apartment is permitted ., ". I understand that I am required to file an Affidavit annually with the Building ' Commissioner listing the names and relationship of occupants in said Family Apartment.I alsq.-. understand that I am required to comply with all conditions imposed by the ZBA Special Permit- .-and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agrFe : to note the Building Commissioner immediately in the event of the sale of this property. If there is no-longer a Family Apartment at this location,please explain. The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No: Other Sworn to n r the pains an nalties of perjury this day of� c n, 2013. Signature Phone Number Print Name q:forms/famaffid:do c rev l l%08/11 r s I - Town of Barnstable Regulatory Services � l:E Thomas F. Geiler,Director Tp ;� ti , Building Division BMWU BLE, MASS. Thomas'Perry, CBO, Building Commissioner. Ar 1639 a 200 Main Street, Hyannis, MA 02601 ` fD MA'S _ www.town.barnstable.ma.us Islo Office: 5,08-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit. I, being on oath, depose.and state as follows: My.name is M a �-o R�Y¢.R0. I am the owner/resident of property166ated at: _;z.->tj 0. M f� O t�-ro3, The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: SOY\ Name &relationship to owner: ?,-#_JV4A`a0. R\VC40L W The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately note the Building Commissioner in writing..I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship.of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section'240-47.1 Family Apartments. I agree to note the Building Commissioner immediately in the-event of the sale of this property. If there.is no longer aFamily Apartment at this location, please explain: The apartment has'been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No: Other Sworn to under the pains and penalties of perjury this day of �Aa 4-J4> `. 2012.' Me&L4_0 ve.R-& Signature Phone Number Print Name G q:forms/famaffid.do c rev 11/08/11 t 1UW11 Ul Dill-11alAUic Regulatory Services oFIME rpW Thomas F. Geiler, Director gyp'' ti� Building Division snRNsrABr.E Thomas Perry, CBO, Building Commissioner 9 MASS. 039. 200 Main Street, Hyannis, MA 02601 �0 AjFp �A WWW.town.barnstable.mams Office: 508-862-4038 ` Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is I am the caner esident of the property located at _ _. ,y__IsAr hUU n.A The occupancy of the property will be as follows: MAIN RESIDENCE: Name(s) & relationship to owner FAMILY APARTMENT: i X�: Name(s) & relationship to owner �$Ge- ✓�a'Gl t . The property will be the primary year-round"residence for the above-idedtifi ed famtl� members. In the event that the listed relatives vacate the apartment or main residence, 1 will immediately notify the Building Commissioner in writing. I understand that no.subletting or subleasing.of the property is permitted. I understand that I am required to file an Affidavit annually with the Building- Commissioner listing the names and relationship of'oecupants of the said family apartment and main residence. 1 also understand that I am required to comply with all conditions imposed by the ZBA Special.Permit and/or the-Town.of Barnstable 7oning Orlin mces.Section 240-47.1 Family Apartments. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location; please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this ay of 2011. ` 'gnature fko3e Number P t Print Name h k O_ gfaaff �?k- 24641:1 iF`�b1 �32rJ32 r_116--29.-2oa l e e a^1 1 r�r a tlC,t� A r* - F BM t6Jq. ti!�' Town of Barnstable 1(/`. „°, ,- , ;-0 •Zoning Board of Appeals Decision and Notice Appeal No. 2010-017- Rivera Special Permit-Section 240-47.1(A)(1) Family Apartments Permit fora family apartment of 1,200 square feet.' Summary: Granted with Conditions Applicant: Mauro U. Rivera and Aida G. Rivera Property Address: 34 Strawberry Hill Road,,CenterviIle,MA Assessor's Map/Parcel: Map 246 Parcel 070 Zoning: Residence B Zoning District Deed Reference: Book 13746, page 317 Relief Requested and Background: ' The subject property is a 0.34-acre'lot developed with.a total of six bedrooms. The dwelling is that of ` a single family raised ranch structure. There is an accessory.apartment unit on"the lower level that contains three of the bedrooms. According to the Assessor's records-both units are 1,210 square,feet. Mauro O. Rivera and Aida G. Rivera purchased the'property,in April of 2001. At that time, the,., Building Division noted the unpermitted apartment unit. In February of 2002, the Rivera's applied for and were issued Comprehensive Permit No, 2002-030 for the unit. That permit was issued under the Accessory Affordable Housing Program (now termed the Accessory Affordable Apartment Program) for an amnesty apartment unit that existed prior to January 1, 2000. The applicants now wish to provide the apartment unit to their son and daughter: The Department of Housing'and Community Development in certifying the Accessory Affordable Apartment does not k` permit occupancy of the affordable-unit by family members. Therefore, the owners cannot use the comprehensive permit to maintain the legality of the unit and will need new zoning relief to allow the unit to be occupied by family'members. As amended in November of 2004,Family,Apartments are now.allowed as-of-right, as an accessory •, use to an owner-occupied single family dwelling provided;the unit is within or attached to the dwelling and is limited to.800 square feet or.50% of the square footage of the existing, whichever is lesser. In this instance that maximum area of a family apartment for an as=of-right permit would be 605 square feet: However;§ 240-47.(A)1, that governs family apartments authorizes the Zoning Board of Appeals to allow up to-.1,200square feet by special permit. Appeal No. 2010-017 has requested that permit. Procedural & Hearing Summary:,, This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 31, 2010. A public hearing before the Zoning Board of Appeals was duly advertised and +, - Bk 24648 Pg 62 #32032 , �. Town of Barnstable,Zoning Board of Appeals—Decision and Notice Special Permit No.2010-017-Rivera-Section 240-47.1A(1)Family Apartments notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened May 12, 2010, at which time the Board found to grant the special permit subject to conditions. Board Members deciding this appeal were,James F. McGillen, William H. Newton, Craig G. Larson, Alex M. Rodolakis, and Board Chair, Laura F. Shufelt. The applicant, Mauro O. Rivera and his son, Daniel Rivera represented the appeal before the Board. Daniel Rivera explained that the apartment is for him and his sister.and her child, He noted that he is now attending college and it is time that the two adult children live independently. The Board clarified that the unit will only be occupied by two adults and the one infant child. The upper three bedroom dwelling will be occupied by the parent Mauro O. Rivera:', It was noted that the unit had previously been an amnesty unit and during those 8 years, no issues occurred with the unit being occupied. The issue of site clearing at the corner of the lot was noted, and Mr. Mauro Rivera stated the he has lowered the fence and corrected the issue. The public was invited to speak, Steve Tenaglia, representing his parents, Rocco F, and Carolyn Tenaglia of 5 Patricia Street and Eleanor Simpson of 45 Patricia Street spoke in concern for the fami'iy apartment unit. They noted that a large number of vehicles have been parked on the property and that the Rivera's conduct a home occupation from the property. The Board clarified some of,the issues expressed with the Rivera's. The landscape trucks have been moved to another location located on '• West Main Street. There will be no other renters on the property. The apartment unit will be for family members only. The Board clarified that the home is developed with 6 bedrooms'and the on-site septic system is also sized and permitted for 6 bedrooms. Findings of Fact: - At the hearing of May 12, 2010,Ithe Board unanimously made the following findings of fact: 1. Appeal No: 2010-017 is that of Mauro O. Rivera and Aida G. Rivera seeking a Special Permit_,' e pursuant to Section 24047.1.A(1). for a Family Apartment in excess of 800 square feet. The 9' property is addressed 34 Strawberry Hill Road, Centerville-, MA. 2. In 2002, the applicants were issued a comprehensive permit under the Accessory'Affordable „ Housing program on the apartment unit they now wish to have as a family apartment, The unit has not changed since the issuance of that permit. The three bedroom family apartment is-to be`. occupied by 2 adults and an infant. 3. Although'the apartment measures 1,210 square feet,the 10 square feet over 1,200 square feet is less than 1% of the area of the unit and.is insignificant. 4. The existing fence that was apparently not in compliance with the visual clearance needed at the, corner.will be made fully in compliance. Decision: Based on.the'findings of fact, a motion was duly made and seconded to grant Special Permit No. 2010-01 7 to allow.for a family apartment in excess of 800 square feet subject to all of the following conditions: 1. The area of the family apartment is limited to the existing lower level apartment unit. 2. Occupancy of the family apartment is limited to 2 family members only. 2 J Bk 24648 Pg 63 #32032 i Town of Barnstable,Zoning Board of Appeals—Decision and Notice Special Permit No.2010-017 Rivera-Section 240-47aA(1)Family Apartments 3. The apartment shall comply with, and be maintained, in full compliance with ail other requirements of Section 240-47.1 for a family apartment as-of-right.as well as all conditions-in this decision. 4. Any, and all requirements of the Building Division, shall`be fully complied with to assure that the unit and building meets all applicable codes including building, fire, and health. 5. All parking shall be on-site and not within 10 feet of neighboring properties. 6. Occupancy of the dwelling and the family apartment unit is restricted to family members only and there shall be no renting of the unit or rooms;to non-family members. 7. During the term of this special permit, there shall be no expansion of the building and no addition of bedrooms to the property. , 8. The existing comprehensive permit shall be rescinded prior to this permit.being executed. 9. The existing fence located on the property shall be required to be brought into conformance*with ' § 240-41 -Vision Clearance on Corner Lots prior to the execution of this permit, 10.A building permit is required prior to the occupancy of the apartment unit. That permit can only be issued when this decision is finalized and filed with the Registry of'Deeds. The vote was as follows: AYE: James F. McGillen, William H Newton, Craig G. Larson;Alex M.Rodolakis,-Laura F, S'hufelt NAY: None Ordered: Special Permit No. 2010-017 has been granted subject to conditions.,This decision must be recorded at the Barnstable Registry of Deeds for it to be-in effect and notice.of that recording submitted to the ' Zoning Board of Appeals Office and the'Building Division prior to occupancy of the unit: The relief authorized by this decision must be exercised within two years unless extended. Appeals,of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days ` after the date of the filing of this decision. A`copy of which must be filed in the office of the Barnstable Town Clerk. ,.. Laura F. Sh elt, Chair, Da e igned- I, Linda Hutchen ride r, Clerklof the Town of Barnstable, Barnstable County, Massachusetts, Hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the off ice-of the Town Clerk. Signed and sealed this- day of , 02vo under, P as enalties of perjury. el tt Linda id Clerk. ; � lot., �e Noe' k All rFtt MAv a.