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HomeMy WebLinkAbout2051 MAIN STREET (6) 2051 MAIN ST a fi F/ L- 7/� y r+ WEN a~� e ,t MIS 41 , not t P it a s ¢ R Y '" � �§ �{�l �• ,fib: i MAI 0 �r �s P� 6 ' JIM! ,z p �Iff r V agry��J i k "tlw� +rtxiw, � �.+a � wows«f..,«�»;.r" W" �,.a =w; �• � ;xis""'" ."' �.r ''�1 .g � " ��^'y ,?�,I� � ^ ✓ ,�,?: ` •a �° � 'QY-.SaKy g ! "P��. �{a}iF � a r >< n TOWN OF BARNSTABLE RARMABLI. _- OFFICE OF TOWN ATTORNEY _ MASS. te�o• ,� -367 MAIN STREET �EoA HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D.SMITH, Town Attorney TEL.#:(508)862-4620 RUTH J.WEIL, V'Assistant Town Attorney FAX#: (508)862-4724 T.DAVID HOUGHTON,Assistant Town Attorney July 14, 2004 www.town.barnstable.ma.us CLAIRE R.GRIFFEN, Paralegal/Legal Assistant CLAUDETTE BOOKBINDER,Legal Clerk Scott W. Nickerson, Esq., Clerk Barnstable Superior Court, Civil County Court Complex, Main Street �`f 0� P.O. Box 425 Barnstable, MA 02630 Re: Assented-To Motion For Entry of Nisi Order for Filing of Agreement For Judgment Tri, et al v. Miller et al, Town of Barnstable Board of Health and Perry, Building Commissioner C.A. No. BACV 2004-0084 Our File Ref: #2003-0213 Dear Mr. Nickerson: Enclosed please find Assented-To Motion For Entry of Nisi Order for filing of Agreement for Judgment In Settlement. Would you kindly file same and present to the Court for action. Kindly note that in lieu Of dismissal of the complaint if no agreement is filed within the specified-timeperiod, the Motion requests that the Court instead decide the pending cross-motions for summary judgment and preliminary injunction argued on June 18 on the merits. Thank you. Very truly yours, /tdh T. David Houghton, Assistant Town Attorney Encs. Town of Barnstable cc: Anthony Alva, Esq. cc: Thomas McKean, Director, Barnstable Board of Health cc: Thomas Perry, Building Commissioner, Town of Barnstable [2003-02 L3\nickltr4] t COMMONWEALTH OF MASSACHUSETTS _ BARNSTABLE, ss: SUPERIOR COURT C.A. No. BACV 2004-00084 --------------------------------------------------------- BRENDA M. TRI, d/b/a ASSENTED-TO MOTION FOR DIAMOND EDGE FARM, ENTRY OF NISI ORDER FOR VICTORJCILLIS�[and] FILING OF AGREEMENT FOR LEIGH-ANNE SOUZA, JUDGMENT IN SETTLEMENT Plaintiffs, V. BOARD OF HEALTH of the TOWN OF ) BARNSTABLE, as constituted by its ) Members, WAYNE MILLER, Chairman, ) SUMNER KAUFMAN, SUSAN G. RASK, ) [and] BUILDING COMMISSION, TOWN ) OF BARNSTABLE, THOMAS PERRY, ) Defendants. ) -------------------------------------------------------- ) BOARD OF HEALTH of the TOWN OF ) BARNSTABLE, as constituted by its ) Members, WAYNE MILLER, Chairman, ) SUMNER KAUFMAN, SUSAN G. RASK, ) and ) John C. Klimm, as he is the Town Manager) of the Town of Barnstable, ) and ) TOWN OF BARNSTABLE, ) Plaintiffs-in-Counterclaim, ) V. ) BRENDA M. TRI, d/b/a DIAMOND EDGE FARM, Defendant-in-Counterclaim. --------------------------------------------------------- Plaintiffs, Defendants and Plaintiffs and Defendants-in-Counterclaim move that the Court enter an order providing that the parties file an agreement for 20030213 mowisi2 judgment in settlement on or before Monday, July 26, 2004, and that failing such filing, the parties' cross-motions for preliminary injunction and summary judgment argued on June 18 be decided on the merits. The grounds for this Motion are that the Board of Health helds its regular meeting on Tuesday, July 13 and Plaintiffs have presented a composting plan filed with the Commonwealth of. Massachusetts Department of Food and Agriculture. Dated: July 14, 2004, Assented To By: BRENDA M. TRI, et all MILLER, et all, etc., BOARD OF HEALTH Plaintiffs and Defendants.-in- THOMAS PERRY, BUILDING Counterclaim COMMISSIONER, TOWN OF BARNSTABLE, By Their Attorney Defendants and Plaintiffs-in-Counterclaim, ;� q/ C,0t/`� By their Attorneys, Anthony Alva ROBERT D. SMITH, Town Attorne [B.B.O. No. 633858] [B.B.O. No. 469980] 3291 Main Street RUTH J. WEIL, Assistant Town Attorney P. O. Box 730 [B.B.O. No. 519285] Barnstable, MA 02630 TOWN OF BARNSTABLE 508-362-8342; 508-362-7770 (Fax)367 Main Street, New Town Hall Hyannis, Ma. 02601-3907 (508) 862-4620; (508) 862-4724 Fax TO: Anthony Alva, Esq. [B.B.O. No 633858] Attorney for Plaintiff 3291 Main Street, P.O. Box 730 Barnstable, MA 02630 (508) 362-8342; (508) 362-7770 FAX 20030213 motnisi2 CERTIFICATE OF SERVICE Barnstable, ss: July 14, 2004. 1 hereby certify under the pains and penalties of perjury, that I served a copy of the above document to the above-named attorney for the above-named parties on the date written above. r T. David Houghton, Assistant To n Attorney Town of Barnstable 367 Main Street, New Town Hall Hyannis, Ma 02601-3907 (508) 862-4620; (508) 862-4724 Fax 20030213 motnisi2 �„��zf- Ciui.r 'Il'I-i� FOLLOWRNG IS/ARE THE BEST IMAGES FROM POOR QUALITY.- ORIGRNAL(S) - Town Of jug:: = ®. • . . . )ABNSTABLE, `6 9 MA88. �� Office of Community and E 230 South Street, Hya� ,- . Postage $ Kevin J. Shea 'Office: 862-4678 o Certified Fee Postmark \ Director Return Receipt Fee / Here (Endorsement Required) °•• d / . r3 Restricted Delivery Fee - { Sent By Registered O (Endorsement Required) l7 Total Postage&Fees $ tl1 Q M Sent To---------�I LL �2L1a�9-- ---- Apt. -Jo---------------------------- -- ----- -------------- c7 J tree[,Apt.No.; ` �� 1� y 0or PO Box No. 2� � Jul 11,2003 _ _ ----------------------------------------------- p City,State,ZIP+4 r """' r �&I A Was I, Y0 Dr. &Mrs. Victor&Brenda Cillis 2051 Main Street West Barnstable, MA 02668 RE: Expired Comprehensive Permit Dear Victor&Brenda Cillis: It has come to my attention that the ZBA approval on your Comprehensive Permit has expired. As already stipulated in your written Decision, "this Comprehensive Permit must be exercised and the unit occupied within twelve months from March 8, 2002 or it shall expire." As a result of the status on your case, you need to re-apply for participation with the Accessory Affordable Housing Program in order to maintain an affordable rental use at your property. Should you decide to re-enter the program,please contact Paulette Theresa- McAuliffe at(508) 862-4683. The Town will continue to work with you to maintain your accessory apartment, however,if we do not hear from you within ten business days of the date of this letter, the Town will proceed with the process of revoking your Accessory Apartment Comprehensive Permit with the Barnstable Zoning Board of Appeals. Should you have any questions, do not hesitate to call. We appreciate your initial interest in the program and willingness on your part to help provide safe, desirable and affordable housing for residents within the Town of Barnstable. Sincerely, Kevin J. Shea,Director Community&Economic Development Q:CommDev/PT/Mon/EXPRD I i OF THE tp do Town of Bad o Office of Community and Eci o CO BAMSTABLE. * 367 Main Street Hyannis,M ru F 4',' 10 1 A L U 11 1 ;' s639. �0 (508)8624683 or(508)862469 QED MA'S A j ru Postage $ 2Er- ail Certified Fee [� Postmark Kevin J.Shea Return Receipt Fee Here Director I m (Endorsement Required) a Seat BvR l7 Restricted Delivery Fee I r3 (Endorsement Required) October 6,2003 O Total Postage&Fees $ N Dr.Victor and Mrs.Brenda CMa S V 4fM IL-RV. 6 i4- f 2051 Main Street --------------------------------------------------------------------------- Street,Apt.No.;or PO Box No. Barnstable,MA 02668 0 �1-----rn��--s�-------- Cigt Dear Victor and Brenda: Thanks for expressing interest in re-applying for a Comprehensive Permit with the Accessory Affordable Housing Program. In spite of the fact that we have played phone tag since mid-July,you need to pursue you application more aggressively. Your unit does again qualify for the program per the last inspection by Bob Shea on September 8ti- The next step is to take the enclosed form to Public Health Director, Thomas McKean, plus,required documents, (e.g.,certified surveyplot plan;house lay-out;unit lay-out,etc.). Then you need to supply this office with written approval from the Department of Public Health that your septic can handle the total number of bedrooms at your property,including the potential unit in order to move forward. As you already know,the process of acquiring a Comprehensive Permit takes from four to five months. So, the sooner you complete the next step with Public Health,the sooner we can move things along. Because these dwellings are needed in our community to provide housing for year-round residents,we want to have the assurance that you're seriously pursuing your application. Let me remind you that we provide up to a$2,000.00 grant for any unit rehabilitation. In addition,we will provide a list of certified local contractors through the Homebuilders Association of Cape Cod should you need such assistance. Whatever concerns you may have with your application or unit construction,we are standing by to assist you. I need to hear from you-within the next 10 days that you have satisfied requirements with Public Health. Since you've done this process before,it should not be problematic to repeat. If I don't hear from you within that time period,I have no other option but to refer your case to the Building Commissioner. Please feel free to call me during the day at: (508) 862-4683 or I can be reached by cell at: (508) 280-5540. Again,looking forward to the possibility of working with you in a program designed to provide desirable and safe housing for individuals within the town of Barnstable. Sincerely, Paulette Theresa-McAuliffe Amnesty Program Coordinator cc: Kevin Shea,Director,Community&Economic Development Q:ComntDev/PT/Mon/LTRLRNS.DOC tHE To Town of Barnstable BARNsrABL ; Regulatory Services MASS. 39. iOTFc Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 July 30, 2003 Mr. &Mrs. Victor Cillis 2051 Main Street W. Barnstable,MA 02668 Re: 2051 Main Street, W. Barnstable Dear Mr. &Mrs. Cillis: We have been notified by Paulette Theresa McAuliffe at the accessory affordable housing program that your Amnesty Comprehensive Permit has expired. Therefore, you are hereby ordered to discontinue the use of the above-referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within fourteen (14) days of receipt of this letter. A building permit must be applied for to restore the layout to accommodate the conversion. You must do this before you make any changes. If you have any further questions, please call Lois Barry,Division Assistant, at 508 862-4039. Sincerely, Thomas Perry Building Commissioner TP/lb cc: P. McAuliffe CERTIFIED MAIL 7002 0510 0003 5436 1887 Q030730c Nov 29 04 10: 33p Pediatric Associate (508) 775-8673 p. 1 11/29/04 Town of Barnstable Building Div. T. Perry Building Conunissioner Dear Mr. Perry; We are in receipt of your letter concerning cancellation of Accessory Affordable Housing status. We wish to appeal this decision and request venue to appeal. Please notify us of all applicable information we may need (forms,dates etc.)any date after 12/5. Thankyou for your help in this matter. YCillSincerely is B. Tri V t V Nov 29 04 10: 33p Pediatric Associate `(5081775-8673 11/29/04 Town of Barnstable Building Div. T. Perry Building Commissioner Dear Mr. Perry; We are in receipt of your letter concerning cancellation of Accessory Affordable Housing status. We wish to appeal this decision and request venue to appeal. Please notify us of all applicable information we may need (forms,dates etc.)any date after 12/5. Thankyou for your help in this matter. Sincerely ' Cillis B. Tri o r n Complete items 1,2,and 3.Also complete._.,t . A_Signatu item 4 if Restricted Delivery is desired. c ❑Agent o Print your name and address on the reverse �^ ❑Addressee so that we can return the card to you. B. Received n Attach this card to the back of the mailpiece, Y(Printed Name) C. ate o Deli `ry or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No 3. Service Type -Pr 6Lzl 9 Certified Mail ❑ Express Mail ❑ Registered R Return Receipt for Merchandise 0 ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 0 0 2 10 0 0 0 0 0 5 0 (Transfer from service label) € F !- I E I �7 81 7 8 6 0;€ PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICES• 11 4 First Class SVlail F' I tt. � Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print-yc a gie, address; ancl-ZfP�Win414&-bfrX'ti'""Y TOWN OF BARNSTABLE BUILDING DIVISION 200 MAIN ST. HYANNIS,MA 02601 !�I4fflt�f�11I4f1�!!fl4;!1f�;:�114ll�Iflifl�!�I!!!!l�ft441i�1I QOA ' • - - T' o, ' D � r�- CO OFFICIAL ', - N C3 Postage $ H Y,q� Ln ✓/ C3 Certified Fee l� ostmark t� p Return Receipt Fee I Here D (Endorsement Required) tD O Restricted Delivery Fee C� O (Endorsement Required) C3 `c "ll Total Postage&Fees ru C3 Sent To S --------------- -- -----------_--------- ----------- _ [� Street,Apt.No.; --------------------- -- or PO Box No. /QJ � City-- f--Z +4 ` — ----------------/---------�----------------- �Os7ecC Certified Mail Provides: C A mailing receipt ' n A unique identifier for your mailpiece n A signature upon delivery n A record of delivery kept by the Postal Service for two years Important Reminders. n Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. n Certified Mail i5_not available for any class of international mail. n NO INSURANCE1COVERAGE IS PROVIDED with Certified Mail. For valuables,plea _onstder Insured or Registered Mail. C For an additiona'I fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)tq-the article and add applicable postage to cover the fee.Endorse railpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receli6t;a USPS postmark on your Certified Mail receipt is required. n For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". 13 If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,April 2002(Reverse) 102595-02-M-1133 t FIME Town of Barnstable "o BAMMBLE. Regulatory Services Thomas F. Geiler,Director .elFO MA'S A � Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 17, 2004 Dr. and Mrs. Victor J. Cillis 2051 Main Street W. Barnstable, MA 02668 Dear Mr. and Mrs. Cillis: We have been notified by the Zoning Board of Appeals that the Comprehensive Permit for the Accessory Affordable Housing unit at the above-referenced property has been cancelled. You are hereby ordered to restore the property to a single-family home, and you must apply for a building permit to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose, we will be more than happy to help you. If we do not hear from you within fourteen days of the receipt of this letter, we will be forced to seek criminal action against you. Sincerely, Thomas Perry Building Commissioner TP/lb CERTIFIED MAIL 7002 1000 0005 0781 7860 Q2051Main M. Bk 192-21 P0198 OLS68 ARNS ALE � , � TOWN CLERK RARNMOM `,t { •ham ��g,�.,.. . En Mod� Town of Barnstable Zoning Board of Appeals Decision-Expired Comprehensive Permit Victor J. Cillis and Brenda M. Cillis - Appeals,No. 2002-11 Comprehensive Permit- MGL Chapter 40B Summary Determination that Comprehensive Permit Has Expired Applicant(s): Victor I Cillis and Brenda M.Cillis Property Address: 2051 Main Street,West Barnstable,MA Assessor's Map/Parcel: Map 216 Parcels 076 and 075 Zoning: Residence F Zoning Districts Background: On January 02,2002,Victor J. Cillis and Brenda M. Cillis made application to the Town of Barnstable under the Accessory Affordable Housing Program for a comprehensive permit pursuant to the General Ordinances Chapter III Article LXV. The applicants were seeking to convert an existing one-bedroom apartment unit of approximately 730 sq.ft. located above the garage to an accessory affordable rental unit. Use of the apartment unit has been cited by the Building Division as being in violation of the Zoning Ordinance. UA Comprehensive Permit Number 2002-11 was issued to the applicant on March 08,2002 and is recorded at the Barnstable Registry of Deeds in Book 15116,Page 117. The Regulatory Agreement and Declaration of Restricted Covenants was executed.and signed on April 26,2002 and recorded at the Barnstable Registry of Deeds in 15116,Page 11 L. On July 29,2004, a letter,including a signed affidavit from Paulette Theresa-McAuliffe,Special Projects ® Coordinator,and Monitoring Agent for the program,was submitted to Ms. Gail Nightingale,Zoning Board of Appeals Hearing Officer. That letter advised Ms.Nightingale that Comprehensive Permit 2002- 11,issued to Victor J. Cillis and Brenda M. Cillis,was not executed within the twelve months after it was issued as required by the permit, and therefore expired. Procedural&Hearing Summary: A public hearing was duly advertised in accordance with MGL Chapter 40A and notice sent to the applicant that the hearing would be held to review and act upon the report of the Monitoring Agent that the permit had not been exercised within the twelve-month time limitation imposed and therefore,has expired. The hearing was opened September 22,2004 at which time the Zoning Board of Appeals Hearing Officer made.the following finding and decision that Comprehensive Permit 2002-11 has expired and is null and void. Findings of Fact: At the hearing of September 22,2004,the Zoning Board of Appeals Hearing Officer made the following findings of fact: 1. In Appeal 2002-11,the applicants,Victor J. Cillis and Brenda M. Cillis,sought to convert an existing un-permitted apartment dwelling unit,located above the garage,into an affordable rental unit. The property is shown on Assessc•r's Map 216 Parcels 076 and 075,and is commonly addressed as 2051 Main Street,West Barnstable,MA in Residence F Zoning Districts. 2. On March 8,2002,a comprehensive permit was issued for the subject locus and recorded at the Barnstable Registry at Book 15116,Page 117. Additionally,a"Regulatory Agreement and Declaration of Restrictive Covenants"recorded at the Barnstable Registry of Deeds at Book 15116, Page 111. 3. By affidavit dated July 29,2004,Paulette Theresa-McAuliffe,Director,Accessory Affordable Housing Program,provided evidence that the Cillis' have not exercised the comprehensive permit within twelve months of its issuance. Specifically,Ms.McAuliffe stated that Ms. Brenda Cillis, advised her that due to a serious chronic illness, she no longer has the stamina to be a landlord in the Accessory Affordable Housing Program. Decision: .At the hearing on September 22,2004,the Hearing Officer determined that the comprehensive permit issued wthe Cillis' for the property located at 2051 Main Street,West Barnstable,MA is no longer valid. Said property shall revert to the use currently permitted under zoning. Transmission: In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code,the Hearing Officer has transmitted the written decision to the Zoning Board of Appeals on September 22,2004, and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the final decision. Ordered: Comprehensive Permit 2001-97 has expired and is null and void. The property owners shall take all steps necessary to assure that the property reverts to the use currently permitted under zoning.This decision shall be recorded at the Barnstable County Registry of Deeds within sixty(60)days by the property owners. Should the property owner fail to record said decision within said sixty(60)day period, then the town shall cause said decision to be recorded. 4J- i01-7 a G Nighting ,He Officer Date Signed I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby cerdiy. that twenty(20)days have elapsed since the Zguing Board of Appeals filed this decision and that no appeal of the decision had been,fi; d in the"offic of the Town Clerk /.J S� f Signed and sealed this / ay of under the pains and peiialtit;s of pe&ry. Linda Hutchenrider,Town Clerk. 2 OFIHE l Town of Barnstable Regulatory Services 9B"M SSSB1E'g Thomas F. Geiler, Director 039. lFOMP'�A Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Tom Perry FROM: Lois Barry DATE: 11/9/04 RE: 2051 Main Street,WB/Cillis We now have the recorded "Determination that Comprehensive Permit Has Expired." I also have a note that Legal was deciding whether to take them to court. Do we need to take any action? Do you want to sent the attached draft letter? i �FIKE T Town of Barnstable 0 M �AB , Regulatory Services 94� 169• ,m� Thomas F. Geiler, Director ABED��A Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 9, 2004 Mr. and Mrs. Victor J. Cillis 2051 Main Street W. Barnstable, MA 02668 Dear Mr. and Mrs. Cillis: We have been notified by the Zoning Board of Appeals that the Comprehensive Permit for the Accessory Affordable Housing unit at the above-referenced property has been cancelled. You are hereby ordered to restore the property to a single-family home, and you must apply for a building permit to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose, we will be more than happy to help you. If we do not hear from you within fourteen days of the receipt of this letter, we will be forced to seek criminal action against you. Sincerely, Thomas Perry Building Commissioner TP/lb Q2051 Main 1' wl{MliYfwFd4flrt►�eiwYdML�i� 7-77 � ACt�on } , Year Type Bill t Cust # Bill Name Ph History 2 0 0 5 RE-R 2 6986 —250616 :Lj TR I, BRENDA Parcel ID 216-076-B00 12051 MAIN ST Detail .d Alt Parc W BARNSTABLE, MA 02668 ,Eting Bil)jv, Prop Loc 12051 MAIN ST /RTE 6 A(BARN. tie nlSale M Special ConditionsMates Buick Scan, Int Dt Billed Abt/Adj Pmt/Crd Interest Unpaid bal I S�ecfic Bill 1 11/23/04 - 221 . 73 ---- 00 . 00 . 00 221'. 73 IN=lltiiity'Acct 2 05/ 33/05 I 221. 72 F. 00 �- 00 . 00 �— 221 . 72 ' X=Customer_ 3 I F F - ,Y=Parcel` Fees/Pen: r-- 0.0 00 . 00 .00 �) �Z-Name.: Totals: 443 . 45 F- 00 00 . 00 443 . 45 Exit JAI 1 Owner: TRI, BRENDA Q Due 11/09/2004 221 .73 Per Diem . 00 Preferences Int Paid �� . 00 "' �` 1 of 11 =� Bk 19221 P0198 -OWL;Q6879 11-08-2004 12 ¢E3.Val LEE EAF24S639. IMF Town of Barnstable Zoning Board of Appeals Decision-Expired Comprehensive Permit Victor J. Cillis and Brenda M. Cillis - Appeals,No. 2002-11 Comprehensive Permit-MGL Chapter 40B Summary Determination that Comprehensive Permit Has Expired Applicant(s): Victor J.Cillis and Brenda M.Cillis Property Address: 2051 Main Street,West Barnstable,MA Assessor's Map/Parcel: Map 216 Parcels 076 and 075 Zoning: Residence F Zoning Districts Background: On January 02,2002,Victor J. Cillis and Brenda M. Cillis made application to the Town of Barnstable under the Accessory Affordable Housing Program for a comprehensive permit pursuant to the General Ordinances Chapter III Article LXV. The applicants were seeking to convert an existing one-bedroom apartment unit of approximately 730 sq.ft. located above the garage to an accessory affordable rental unit. Use of the apartment unit has been cited by the Building Division as being in violation of the Zoning Ordinance. a" Comprehensive Permit Number 2002-11 was issued to the applicant on March 08, 2002 and is recorded at the Barnstable Registry of Deeds in Book 15116,Page 117. The Regulatory Agreement and Declaration of Restricted Covenants was executed.and signed on April 26,2002 and recorded at the Barnstable Registry of Deeds in 15116,Page 11 L. _ J On July 29,2004, a letter, including a signed affidavit from Paulette Theresa-McAuliffe, Special Projects ® Coordinator, and Monitoring Agent for the program,was submitted to Ms. Gail Nightingale, Zoning Board of Appeals Hearing Officer. That letter advised Ms.Nightingale that Comprehensive Permit 2002- 11,.issued to Victor J. Cillis and Brenda M. Cillis,was not executed within the twelve months after it was ® issued as required by the permit, and therefore expired. Procedural&Hearing Summary: A public hearing was duly advertised in accordance with MGL Chapter 40A and notice sent to the applicant that the hearing would be held to review and act upon the report of the Monitoring Agent that the permit had not been exercised within the twelve-month time limitation imposed and therefore,has expired. The hearing was opened September 22,2004 at which time the Zoning Board of Appeals Hearing Officer made.the following finding and decision that Comprehensive Permit 2002-11 has expired and is null and void. Findings of Fact: At the hearing of September 22,2004, the Zoning Board of Appeals Hearing Officer made the following findings of fact: 1. In Appeal 2002-11,the applicants,Victor J. Cillis and Brenda M. Cillis, sought to convert an existing un-permitted apartment dwelling unit, located above the garage,into an affordable rental unit. The property is shown on Assessor's Map 216 Parcels 076 and 075,and is commonly addressed as 2051 Main Street,West Barnstable,MA in Residence F Zoning Districts. 2. On March 8,2002, a comprehensive permit was issued for the subject locus and recorded at the Barnstable Registry at Book 15116,Page 117. Additionally,a"Regulatory Agreement and Declaration of Restrictive Covenants"recorded at the Barnstable Registry of Deeds at.Book 15116, Page 111. 3 By affidavit dated July 29,2004,Paulette Theresa-McAuliffe, Director,Accessory Affordable Housing Program,provided evidence that the Cillis' have not exercised the comprehensive permit within twelve months of its issuance. Specifically,Ms.McAuliffe stated that Ms.Brenda Cillis, advised her that due to a serious chronic illness, she no longer has the stamina to be a landlord in the Accessory Affordable Housing Program. Decision: ,At the hearing on September 22,2004,the Hearing Officer determined that the comprehensive permit issued to.the Cillis' for the property located at 2051 Main Street,West Barnstable,MA is no longer valid. Said property shall revert to the use currently permitted under zoning. Transmission: In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code,the Hearing Officer has transmitted the written decision to the Zoning Board of Appeals on September 22,2004,and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the final decision. Ordered: Comprehensive Permit 2001-97 has expired and is null and void. The property owners shall take all steps necessary to assure that the property reverts to the use currently permitted under zoning. This decision shall be recorded at the Barnstable County Registry of Deeds within sixty(60)days by the property owners. Should the property owner fail to record said decision within said sixty(60) day period, then the town shall cause said decision to be recorded. J je 7 of% G Nighting ,Hea Officer Date Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby,certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that.n6' appeal of the decision had been filed in the office of the Town Clerk Signed and sealed this day of under the pains and penalties of perjury. �`e ;' T—Linda Hutchenrider, Town Clerk., 2 - so g- MASSArgeo Paul Cellucci Jane Swift Kevin J. Sullivan Matthew J.Amon H/hHllllAY Governor Lieutenant Governor Secretary Commissioner CERTIFIED MAIL Z 453 878 .938 April 1, 1999 Victor&Brenda.Cillis 2051 Main Street(Route 6A) Barnstable,MA 02630 Dear Mr. &Mrs.Cillis: SUBJECT: Barnstable-Route 6A This letter is to inform your il-iat during a field inspection conducted by this Department in conjunction with a request from the Town of Barnstable to install a water service to a new home at#2005 Route 6A, it was noted that new houses are currently under construction behind the cemetery and will access their property through an existing drive owned by you. It is my understanding that you have granted easements allowing this. I In accordance with Massachusetts General Laws Chapter 81, Section 21 which is the authority by which driveway openings are permitted,the addition of more lots accessing your drive requires you to reapply to this office for a new driveway permit. Enclosed is an Application For Permit To Access State Highway which you should fill out and submit to this Department along with a plan addressing the following issues: I * A plan showing both edges of road,the State Highway Layout and Baseline(drawn at a scale 1"=40'). i * A driveway design consisting of a 20' radius entering your property, a 20' width of drive, and a 20' exiting radius(60'at the edge of road). * Complete drainage details for the site with the drive being constructed on a minus grade from the edge of the highway surface to the State Highway Layout Line. However,the gutter line must be maintained through the driveway apron to direct the roadway runoff along the gutter so as not to impact the applicant's site drainage. * A check made payable to the Commonwealth of Massachusetts in the amount of$25.00. Upon receipt of the requested information, the permit will be processed. If you have any questions, please contact William Whitty,Assistant Permit Engineer,at(508)884-4210. Sincprely, f f' �0 �fI and Mc urt District Highway Director WFW:gls cc: BMcC Barnstable Building Inspector Foreman File cillis.doc Massachusetts Highway Department•District 5. 1000 County Street, Taunton, MA 02780• (508) 824-6633 vvi vei 4vvv vv.vi rnw vvv vvv vava v Lt�l vva r� 1'0'iff 1\0171f r1✓y Kerry Healey Daniel A, Grabauskas John Coglrano i� Gotremor Lt.Govemor Secretary Commissioner ]DISTRICT FTV.E Bernard McCourt, Director FACSIMILE TRANSMITTAL, SHEET TO MOM: � MOP afaq% INC ANY: DATE: m- � _ TOTAL NO.OF OAGRS INCLlfb1NG COVEk: PHONE NUMBER! RE: ❑URGENT ❑FOR REVIEW ❑PLEASE COMMENT PLEASE REPLY ❑PLEASE RECYCLE NOTES/COMMENTS oers o CAato rn STATEMENT OF cohx70E rmury The documents included in this facsimile transmittal sheet contain information from the Massachusetts Highway Department,which are confidential and/or privileged. 7tre information is intended to be for the use of the addressee named on this transmittal sbeec If you are not the addressee,note that any disclosure,phot000pying,distribution or use of the contents of this faxed information is prohibited if you have received this facsimile in error,please notify us by telephone. Thank you, Massachuseffs Highway Department•1000 County Street, Taunton, MA 02780.(W6) 824-6633 '- VV/VL/LVliy VO.YV i'nA VVO QQV V.LVL 3UAV.7i11VRRni VLOA V W_..)VV`! CERTIFIED AZA.JL 7,453 878 039 April 1, 1999 Victor&Breuda Lillis 2051 Mair Street(Route 6A) Barnstable,MA 02630 Dear Mr.&Mrs.Cillis: SUBJECT: Barnstable-Route 6A This letter is to inform you that during a field inspection conducted by this Department in conjunction with a request from the Town of Barnstable to install a water service to a new home at#2005 Route 6A, it was noted that new . houses are currently under construction behind the cemetery and will access their property through an existing drive awned by you. It is my understanding that you have granted easements allowing this. In accordance with Massachusetts General Laws Chapter 81, Section 21 which is the authority by which driveway openings are permitted, the addition of more lots accessing your drive requires you to reapply to this office for a new driveway permit. Enclosed is an Application For Permit To Access State Highway which you should fill out and submit to tlris Department along with a plan addressing the following issues: A plan showing both edges ofroad,the State Highway Layout and Baseline(drawn at a scale 1'' =40). r A driveway design consisting of a 20' radius entering your property, a 20' width of drive, and a 20' exiting radius(60'at the edge of road). * Complete drainage details for the site with the drive being constructed on a minus grade from the edge of the highway surface to the State Highway Layout Line. However,the gutter lime must be maintained through the driveway apron to direct the roadway runoff along the gutter so as not to impact the applicant's site drainage. A check made payable to the Commonwealth of Massachusetts in the amount of$25,00. Upon receipt of the requested information, the permit will be processed_ If you have any questions, please contact William Whitty,Assistant Permit Engineer,at(508)984-4210. Sincerely, Bernard McCourt District Highway Director ltrFW:gls cc: BMOC Barnstable Building Inspector Foreman File c i ilis.doc Volvelz p,* uM:4t t'RA avo oov vivA naaani"n"nX V1.71 .7 Wj VVJ INTEROFFICE MEMORANDUM TO: David Mullen,Chief Counsel THROUGH: Thomas F.Broderick, Ill,P.E.,and Chief Engineer FROM: Bernard McCourt,District Highway Director DATE: May 6, 1999 SUBJECT: Barnstable—Route 6A—Access Issue I am writing to address an issue that has come up as a result of the Town of Barnstable Fire District water Department applying to install a water service to Lots#4&#5 abutting Route 6A in Barnstable_ Apparently Lots#4 and#5 have access through an easement over abutting property owned by Brenda and Victor Cillis. The Cillis'have been notified that they must file an Application For Permit To Access State Highway to modify the existing driveway to accommodate the increase traffic for Lots 44&#5(copy attached.). The permits unit had received an application from the Barnstable Fire District Water Department on December 9, 1998 requesting to install a water service to Lot#5 for Chris Mason who was constructing a house on the lot. This prompted a few phone calls and a site visit to determine where the access was being obtained for the lot. As a result it was determined that Lot#5 and 04 would be accessing via an easement on Dr,Cillis'property which currently only accessed his house. It was determined that a letter would be sent to the doctor advising Trim to-apply to this office to-upgrade the existing driveway. Permit#0-0052-6975 was issued to the water department as a result of tfus letter going out to make the necessary changes to the driveway. A letter was sent to the Cillis'on February 24, 1999. However,the address was incorrect and the letter was returned. In the meantime another application was submitted by the water department requesting a water service to Lot #4. The water superintendent was advised to have the property owner of the lot(Mr.Troutman)contact the District Permits Engineer. Mr.Troubr.an was advised that the driveway was a major safety concern and at that time the Cillis' hadn't accepted the letter. A second letter was then sent dated April 1, 1999 to the correct address of the Cillis'. To date I have been contacted by all parties'legal representatives and have advised that the water service to Lot#4 will be withheld until the application to make the necessary improvements has been submitted by Dr.Cillis Since this issue has become a legal issue,I am looking for your input as to how best address this issue since apparently Mr.Mason and Mr.Troutman(owners of Lots#4&05)do not appear to have the rights to make improvements to the easement area. I have enclosed all the documentation including the water'service applications, permit#0-0052-6975,and correspondence from Julie C.Molloy of Pepe&Hazard LLP,and Bruce P.Gilmore,who are representing Mr.Mason and Mr.Troutman. A"Freedom of Information"request for all relevant documentation has been received. If you need any additional information or history regarding this issue please contact the District Permit Engineer,Matthew Broderick,at(508)884-421 L MEB:gls c:c: BMcC H cillis2nd.doc vvr vrr rvvi vv.'aa •arts vvY ivv v�vr wa�wr.iva vutn aaa YaYa V .(;/vvr CERTIFIED MAIL L 453 879 025 June 22, 1999 Mr.Bruce P.Gilmore,Esq. 1170 Route 6A P.O.Box 734 West Barnstable,NCk 02668 Dear Sir: SUBJECT: Barnstable—Route 6A—Access to Lots#4&45 I am writing to advise you of the status of your client's request for a water service and the decision of the Department's Chief Counsel regarding the ongoing driveway access issue. Permit#5-1999-0496 was issued to the Barnstable Fire District Water Department allowing the installation of the water service to the Troutman property on Lot#4(copy enclosed). Following additional review it is the MassHighway's opinion that the owners of Lots 94&#5 are the owners of land who should submit the Application For Permit To Access State IIighway at the point where their easement meets Route 6A. The owner of Lot#3 can continue to use the present opening to serve his residence but The owners of Lots 44&45 should not be able to use the opening,for access to their residences until the new driveway opening is constructed according to an approved plan. This letter is being forwarded to the building inspector advising that this Departraent has not yet received applications for access to Route 6A from the owners of Lots#4&#5 and that the Department will not consider that there is legal access from Route 6A untii an application has been approved and the construction completed as per the approved plan. I have enclosed a copy of an Application For Permit To Access State Highway form and a form outlining ifie information required for your clients to submit. If you have any questions regarding these issues please contact the District Permits Engineer,Matthew Broderick at(508)884-4211 or the Assistant Chief Counsel,John F.Leary Lit(617)973-7815. Sincerely, Bernard McCoure District Highway Director MEB:gls Enclosure cc: BMcC HW RLG Legal Counsel Julie C.Molloy,Pepe.&Hazard, 150 Federal Street,Boston,NU 02110 cillis3rd.doc CERTTHED MAIL Z 453 878 962 May 6, 1999 Mr. Bruce P.Gilmore 1170 Route 6A West Barnstable,MA 022668 Dear Sir: SUBJECT: Bamstable—Route 6A—Access to Lots 94 &*5 T am in receipt of your letter dated April 27, 1999 of which you have submitted the subdivision plan dated March 10, 1994 and a copy of the quitclaim deed.This matter has been forwarded to the Department's'Legal Counsel in the Boston Headquarters for their review and assistance. If additional information is needed they will either contact you directly or ask me to contact you accordingly. Hopefully the access issue can be resolved amongst your clients and Dr_Cillis. Please be advised that Dr.Cillis has received his letter dated April 1, 1999,which was accepted on April 19, 1999. As a result Dr. Cillis has had his legal representative Julie Molloy of Pepe&.Hazard contact this office to advise that her client is willing to submit the necessary Application For Permit To Access State Highway as the property owne,:having the right to make said application once various issues have been resolved between your clients'the Troutmans and the Masons. If anything changes or agreements are accepted between all parties to make the necessary design and construction improvements needed at the driveway apron please contact the District Permits Engineer,Matthew Broderick in writing. Sincerely, Bernard McCourt District ITiglnway Director MEB:gls cc: BMcC HW Legal Counsel Barnstable Fire District Water Depafiment, P.O.Box 546, Barnstable, NIA 02630-0546 Julie Molloy,Pepe&Ha7nard LLC, 150 Federal Street,Boston,MA 02110 Troutman.doc ZUUiZ00l�] a JSI4 < VAfflaIHSSVK ZOT9 099 SOS Rid Le:60 tOUZ!ZG/90 1 Town of Barnstable Building Division .� 200 Main Street Hyannis, MA02601 Ik 7002 0510 0003 5436 1887 �� A H?, ETER 7 G 4 r E r C p "umber Mr. Victor Cillis e �W` pg Addressed Main Street _ Unaba To Fwmld_�S p e F� f +td k{ Moved,ldt0.b Ad= p ndL'WdOP0=d ,. M — ai limirur rL,.mp:l11FiL.J. hl!/iE�t•:72tY��`v..` - ® Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent X ; c Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ® Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes � 1. Article Addressed to: If YES,enter delivery address below: ❑ No 3. Service Type Y"✓ �r�'-"lertified Mail ❑ E ress Mail ❑ Registered Weturn Receipt for Merchandise i C� ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes - 2. Article Number ; 7002 0510 0003 5436 1887 1 ran 102595-02-M-1540 �1NE r°�ti Town of Barnstable , ,„STAB,Z ; Regulatory Services v� IA 1�$ ArEo 39. A Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 July 30, 2003 Mr. &Mrs. Victor Cillis 2051 Main Street W. Barnstable, MA 02668 Re: 2051 Main Street, W. Barnstable Dear Mr. &Mrs. Cillis: We have been notified by Paulette Theresa McAuliffe at the accessory affordable housing program that your Amnesty Comprehensive Permit has expired. Therefore, you are hereby ordered to discontinue the use of the above-referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within fourteen (14) days of receipt of this letter. A building permit must be applied for to restore the layout to accommodate the conversion. You must do this before you make any changes. If you have any further questions, please call Lois Barry,Division Assistant, at 508 862-4039. Sincerely, Thomas Perry Building Commissioner 12, cc:" P.-McAuliffe CERTIFIED MAIL 7002 0510 0003 5436 1.887 Q030730c Town of Barnstable MMSr,ZU, ; Regulatory Services KASM 3 ,��, iOrFp 9- Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 July 30, 2003 Mr. &Mrs. Victor Cillis 2051 Main Street W.Barnstable, MA 02668 Re: 2051 Main Street,W. Barnstable Dear Mr. &Mrs. Cillis: We have been notified by Paulette Theresa McAuliffe at the accessory affordable housing program that your Amnesty Comprehensive Permit has expired. Therefore,;you are hereby ordered to discontinue the use of the above-referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within fourteen (14) days of receipt of this letter. A building permit must be applied for to restore the layout to accommodate the conversion. You must do this before you make any changes. If you have any further questions, please call Lois Barry,Division Assistant, at 508 862-4039. Sincerely, ` Thomas Per ry Building-Commissioner TP/lb cc: P. McAuliffe CERTIFIED MAIL 7002 0510 0003 5436 1887 Q030730c Bk 15116 PS111 05-0— -,2002 & 03 0 49F3- REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this — � day of �t ,2002,by and between_Vic tor). and Brenda M. Cillis of 2051 Main Street, West_B M Barnstable, A 2668,and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the "Municipality"),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations 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 property located at 2051 Main Street,West Barnstable,MA, as further described in Exhibit"A"hereto annexed. B. The Project located at 2051 Main Street,West Barnstable,MA will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the"Designated Affordable Unit" or the"Unit"). C. The Owner agrees to construct the Project in accordance with the terms of the comprehensive permit, Appeal No. 2002-11 and anyplans submitted therewith and all applicable state,federal and municipal laws and regulations (A copy of the comprehensive permit is annexed hereto as Exhibit.`B"). D. The Owner agrees to occupy the principal dwelling unit located on the property as their year round residence in accordance with the terms of the comprehensive 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(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of Area Median Income or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development(HUD) for a household whose income is 80% of the median income of Bamstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established bythe Barnstable Housing Authorityshall be deducted from HUD's rent level. 3. The Designated Affordable Unit will be retained as permanent,year round rental dwelling units with at least one-year leases. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. EXHIBIT Bk 1-1 16 P:o 117 0-39221 IHE HhRNMBLF, AtA95. Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2002-11 - Cillis Applicant: c­Victor:J _&Brenda-M-Cillis - Property Address: ` --2051 Maui Street,-West Barnstable,MA Assessor's Map/Parcel: Map 216 Parcel 076 Zoning: Residential RF-2 Zoning District Applicant: The applicants are Victor and Brenda Cillis,who reside at 2051 Main Street,West Barnstable, MA. They are the individuals to whom this Comprehensive Permit is issued for the conversion of an existing un-permitted one-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 applicants have applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts, Chapter 40B - S 20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,Pre-existing&Unpermitted 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. Locus and Background: The property is at least 3.4 acres and is developed with a 5 bedroom,21/2 bathroom, 7,376 square foot colonial single-family house,including an accessory apartment located adjacent to the parent house above the garage. When the applicants bought the house in 1994 through an auction,the apartment already existed. Since that time,the apartment has been occupied off and on by individuals who worked on the applicants' ranch. The applicants became aware of their illegal use of the unit when they were contacted by the Building Department after placing a rental ad in the newspaper. The apartrnent is currently unoccupied and applicants have come forward to participate in the program. The accessory apartment is a one-bedroom unit,which is located above the garage of the single-family home. The area is approximately 730 square feet. The locus is in an RF-2 District. The Town's Public Health Department has on record a Certificate of Compliance that the applicants' sewage disposal system is certified to handle a total of 5 bedrooms. The unit has been documented to pre-exist January 01, 2000, and qualifies for the Accessory Affordable Housing Program as an Amnesty unit. 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 January 23,2002. 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 January 23,2002 hearing, the Hearing Officer made the following findings of fact: 1. The applicants are Victor J. & Brenda M. Cillis with an address of 2051 Main Street,West Barnstable, MA. They have owned the property since December 15, 1994 as documented and recorded at the Registry of Deeds in Book 9499,page 308. They are requesting the Comprehensive Permit to convert an existing apartment into an accessory affordable rental unit. Although family members have occupied the unit in the past, it was never authorized as a family apartment in accordance with zoning. The unit does qualify for the "Accessory Affordable Housing Program" as an Amnesty unit that existed prior to January 01,2000. Two of the applicants'neighbors expressed opposition stating concern about tenants living in a farm environment that has a lot of horse manure. The applicants explained there is no cause for health and safety concerns because the affordable unit is attached to the main house where they Eve and that their home is physically located in a different section of the farm from where the horse manure is handled. The Hearing Officer ruled that no legitimate health and safety concerns were demonstrated with respect to the horse farm activities. 2. The applicants were issued a site approval letter dated January 18,2002 from Kevin Shea, Director, Office of Community&Economic Development,qualifying the application for the Accessory Affordable Housing Program. The source of the subsidy is the federal Community Development Block Grant(CDBG) program. 3. The rental unit is approximately730 square feet,and has one bedroom It is located above the garage of the main house. 4. According to the Assessor's record the structure has a total of 5 bedrooms. The site is within the Aquifer Protection District and is not restricted by the 330 Rule. The Town's Department of Public Health has placed a Certificate of Compliance on record approving the sewage disposal system for 5 bedrooms. The applicants are aware that the total number of bedrooms cannot exceed five. 5. The Barnstable Housing Authority completed an inspection of the unit on December 14,2001. The unit was found to need: screens on windows in both the living room and kitchen areas;handrail on the stairwell leading to and from the unit;upgraded heating equipment;.minor repair of electrical fixtures in the unit. It was also noted that the Town's Building Department would need to snake the final determination regarding a second adequate egress. The applicants are aware that a final inspection by the Building Division will be required and that all improvements necessary to assure that the unit meets applicable minimum state and local code requirements must be completed. 6. On January 2, 2002,the applicants 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 applicants as a"limited dividend organization" as that term is used under M.G.L.c.40B §§20-23. 2 7. The applicants understand that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and further agrees that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD). 8. The Barnstable Housing Authority has committed to the monitoring of this affordable rental unit. The maximum allowable rent for two people for this one-bedroom unit in today's dollar is $774.00 (which includes utilities). The tenant's annual income for one person cannot exceed $29,250.00 and for two people cannot exceed $33,400.00. 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 9§ 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 o providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed.. Ruling and Conditions: Based upon the findings,the Hearing Officer ruled that the applicants have standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's program for Pre-existing Dwelling 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 applicants,Victor and Brenda Cillis. It is issued to allow for an existing apartment unit of 730 square feet,subject to the following conditions: 1. The property owners shall occupythe principal dwelling unit as their year-round residence. 2. Occupancy of the affordable unit shall not exceed two people. 3. The Town's Department of Public Health has placed a Certificate of Compliance on record approving the sewage disposal system for 5 bedrooms. The applicants are aware that the total number of bedrooms cannot exceed five. 4. This unit shall not be occupied by a family member unless permitted under the Town Manager's criteria for the Local 40B Program. 5. 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 shall have an income at or below 80% of the Area Median Income,adjusted by household 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 6. All leases shall have a minimum term of one year. 3 Bk 15116 ma`s 120 139221 7. The applicants shall have the unit re-inspected by the Building Division to assure that all necessary improvements are made to meet 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. 8. The applicants may select their own tenant(s) provided the tenant(s) meet all requirements of the program and provided that person(s) income is reviewed and approved by the Barnstable Housing Authority as a qualified individual. The applicants 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 available with the Barnstable Housing Authority and Housing Assistance Corp. The applicants must notify the monitoring agent of a vacancy whenever it occurs. 9. Every twelve months the applicants 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 applicants 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 applicants shall provide the Barnstable Housing Authority any additional information it deems necessary to verify the information provided in the affidavit. Upon anyreport from the Barnstable Housing Authoritythat 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. 10. The Accessory Affordable Unit shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 11. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the . Barnstable Housing Authority shall be notified within 60 days the name and address of the new owner. . 12. 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. 13. This Comprehensive Pernut must be exercised and the unit occupied within 12 months of its issuance or it shall expire. 4 Bk 1 116 P01:2:1 Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part 11, Section 4.02 and Part 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 2002-11 has been granted with conditions. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B,Section 22. 2, Nghtingal ,Hearing ficer Date Signed I,` inda Hutchemider, Clerk of the Town of Barns able,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 ` Iy. ��� _under the pains and penalties of perjury. Linda Hutcheruider, Town Clerk 61 • "F575V��\�_ Gn i U.I Z s'd ` f 4 ,C i��f ;;=,1 ? r .