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Permit Fee t Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation/ Hyannis Project St eet Address '! ' Village v r7 OwnerU&JXv- Address !;)n� 20 0 - Telephone AP Permit Re uest kn W W-w1uh, vu ; 4 v' &I V WZ� � PA UA AC drip. Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District �) Flood Plain Groundwater Overlay Project Valuation �� v Construction Type ' Q Lot Size Grandfathered: ❑Yes ❑ No If yes, attach s pportinggDcur'ntation. Dwelling Type: Single Family Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King'sHighway ❑YF ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other ITS Basement Finished Area (sq.ft.) Basement Unfinished Area (sq.ft) ` Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing _new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of AppealYN Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes o If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION ( .��BUILDER OR HOMEOWNER) 190b -114 " l z(� Name �1 Telephone Number Address U vbw(Jilde License# �Q D vl Home Improvement Contractor# Worker's Compensation # WCK-06g2 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE [01-74 IV FOR OFFICIAL USE ONLY -APPLICATION# DATE ISSUED MAP/PARCEL NO. ' ADDRESS VILLAGE ,r OWNER i? e L DATE OF INSPECTION: r` w =:FOUNDATION- .: _ - FRAME --"- INSULATION... - , 4 FIREPLACE ELECTRICAL: ROUGH FINAL t PLUMBING: ROUGH FINAL GAS: ROUGH FINAL + FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. r OWNER AUTHORIZATION FORM (Owner's Name) owner of the property located at 193 �a�ornir�o �r'Iv� (Property Address) oZ 6> (Property Address) I hereby authorize a (Subcontra or) an authorized subcontractor for RISE Engineering,to act on my behalf to obtain a building permit and to perform work on my property. 9 Im Own Signfilure Date I 193 Palomino Drive, Barnstable recorded documents. Sent letter re bldg. per. 12/7/04 #81114 issued for Amnesty apt. 3/9/05 Karen Dent killed in auto accident. 11/21/06 Amnesty will rescind in January. 4/17/07,Jack has been contacted by brother to do final, property to be sold. Property is part of estate left to children. Jack doesn't think we can go forward with a final inspection—permit was taken out by owner, now deceased, and Amnesty documents were issued to her. 4/18/07 I called Madeline Taylor. She has been working with the family, has sent packet out to them. I explained we can't go forward with existing documents and suggested she or Ruth might need to talk to Tom Perry. Jack has the file. Memo to Tom. 5/22/07 -laughter (Thompson) called, sister in main house, no one in apt, apt ready but property in probate, house on the market. Agreed best to hold until house sold or probate complete. 11/14/07 LE illegal apt letter. 11/19/07 LE spoke with owner. Probate complete. House on the market, empty. LE will follow. Town of Barnstable Regulatory Services THE Richard V. Scali,Director Building Division CBO Pe rry,erry, BARN. �STAB�, . STABI,E MAC Building Commissioner rasroxs.was•°srayue•wsr anzmnn:� 1639. `0 1639-2014 1°lFonwo�A 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 April 4,2014 Merrill Lynch Home Loans 5201 Gate Parkway Jacksonville,FL 32256 Property: Re: 193 Palomino Dr,Barnstable Loan#710502501 n/o Arabadzhiev, Dimitar S Dear Sir/Madam: Please be advised that we have accepted a building permit application to create a family apartment at the aforementioned location. State law prohibits us from issuing permits to any entity other than the actual record owner. In order to prevent the removal of an unauthorized accessory unit and legitimize it as a valid family apartment,we have allowed the perspective buyer to submit a building permit application. This action serves to demonstrate their understanding and commitment to our process. It also allows us to refrain from directing the current owner to completely dismantle the subject unit as required by our local ordinance. After the closing,the buyer is required to submit a registration and(annual)affidavit declaring the unit to be occupied by a pe-son related to the new owner by blood or marriage. The occupants must be named and the relationship expressly declared. In the event that the family apartment is not approved or the family member is no longer occupying the unit,the ordinance requires the entire kitchen to be removed. All parties have been made aware of this requirement and have knowingly agreed to these terms. There should be no misunderstanding concerning the status of this property. It is a single family dwelling and should not be zonstrued to be or represented to be a duplex. Please let me know if you require additional information. erely, Robin C. Anderson Zoning Enforcement Officer Bk 23671 F's246 1-2439.,3 05-0 5—?E. 09 a 1 1 a t 5ct —15 r�e r' WE RMMSTABLE.p' T� ,6 0 p 63? ♦� lE0 MPY '139 MAR 26 A 9 :14 Town of Barnstable Zoning Board of Appeals Decision=Rescinded Comprehensive Permit Dent—Appeal 2004-57 Comprehensive Permit—MGL Chapter 40B Summary Determination that Comprehensive Permit is Revoked Applicant: Karen K. Dent Property Address: 193 Palomino Drive,Barnstable,MA Assessor's Map/Parcel: Map 297,Parcel 049 Zoning: Residential AP Overlay District Deed Reference: Book 12917 Page 217 Date 3/31/00 Background: Karen K. Dent applied to the Town of Barnstable for a comprehensive permit under the Accessory Affordable Apartment Program pursuant to Article II of Chapter Nine of Part I, General Ordinances of the Code of the Town of Barnstable. The applicant was seeking to convert an existing finished basement area into one bedroom accessory affordable apartment Comprehensive Permit Number 2004-57 was issued to the-applicant on September 3, 2004. A Regulatory Agreement and Declaration of Restrictive Covenants was recorded at the Barnstable Registry of Deeds on November 08, 2004 in Book 19221 and Page 173. The home is no longer owner occupied. Procedural& Hearing Summary: A public hearing was duly advertised in accordance with MGL Chapter 40A in the Barnstable Patriot on January 23, 2009 and January 230, 2009. Letter was sent to abutters to notify them that a hearing would be held to review and act upon the request to rescind the permit. The hearing was opened on February 25, 2009 and the Zoning Board of Appeals Hearing Officer made the following findings and decision: Findings of Fact: At the hearing on February 25, 2009 the Zoning Board of Appeals Hearing Officer made the following findings of fact: In Appeal 2004-57, the applicant, Karen K. Dent, sought to convert an existing finished space within her basement into a one bedroom accessory affordable apartment in accordance with all the conditions of the permit. The property is shown on Assessor's Map 297 Parcel 049 and is commonly addressed as 193 Palomino Drive, Barnstable,MA in Residential RF-1 and Aquifer Protection Overlay Districts. On September 3, 2004 a comprehensive permit was issued for the property. A Regulatory Agreement and Declaration of Restrictive Covenants was recorded at the Barnstable Registry of Deeds November 8, 2004 in Book 19221 and Page 173. Decision: At the hearing on February 25, 2009 the Hearing Officer determined that comprehensive permit 2004-57 issued to Karen K. Dent is no longer valid and is hereby rescinded. 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 transmitted the written decision to the Zoning Board of Appeals on April 1, 2008. 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 2004-57 is null and void. Laura Shufelt,Hearin 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 no appeal of the decision had been filed in the office of the Town Clerk Signed and sealed this E r y da of G _'��;: �: �� �s under the pins and penalties'of perjury. ' , r �' •/ Linda Hutc&nrider,Towr Clete - 2 F Memo: August 5, 2009 RE: 193 Palomino Drive Barnstable MA. This is a former Amnesty apartment. Amnesty was rescinded March 25, 2009. William and Tammy Russell purchased this property May 16, 2009. After several attempts to get in touch with them, I left my card in the door of this property. Tammy Russell called me July 29, 2009, asking the reason for my card. I told her of the situation and the fact the Amnesty had rescinded the Comp permit. She was less than happy to hear that they had to restore the property to a single family by removing the kitchen. She said she would get back to me. She has not. I am referring this to Robin Anderson for enforcement Linda Edson I Bk 22920 Psi64 4r'27130 -� 05--19-2008 a 03 x 1 Sv QUITCLAIM DEED WE, JOHN W. DENT, of Centerville, MA; WARREN C. DENT, of Orangeburg, SC; ELLYN K. DENT aka Ellen K. Dent, of Harwichport, MA; and ALISON THOMPSONfof Plymouth, MA, -k f/1414 *,SaN F DeN3- FOR CONSIDERATION PAID OF THREE HUNDRED FIFTY SIX THOUSAND FIVE HUNDRED and no/100 ($356,500.00) DOLLARS GRANT WITH QUITCLAIM COVENANTS TO: WILLIAM D. RUSSELL and TAMMY J. RUSSELL, Husband and Wife, as Tenants by the Entirety, both of -Gd- V�e.b' `t 1S Monson, MA 01057 The land together with the buildings thereon, situated in Barnstable, Barnstable County, Massachusetts, with a mailing address of 193 Palomino Drive, Barnstable, Massachusetts 02630, more particularly described as follows: LOT 97 as shown on a plan entitled Bacon Farms Estates Section 2, by Eldredge Surveying Co. , dated October 3, 1973, and duly recorded in Barnstable Registry of Deeds Plan Book 280 Page 55, Street Address: 193 Palomino Drive, Barnstable, Massachusetts. The above described premises are conveyed together with a right of way for all purposes for which streets are commonly used in the Town of Barnstable or may hereafter be used which way and streets are shown on a plan entitled "Bacon Farms Estates: dated June 17, 1972, by Charles N. Savery Inc.", recorded with said Deeds in Plan Book 260 Page 42. Excepting from the above described premises a certain partial release of easement and right of way to New England Telephone and Telegraph Co. And New Bedford Gas & Edison Light Co. Given by Wakefield Savings Bank dated May 9, 1975 recorded .in Barnstable County Registry of Deeds on May 16, 1975 as Instrument No. 09247 in Book 2103 Page 330. See also release recorded with Barnstable Deeds in Book 2183 Page 147. Also excepting from the above described premises a certain easement to the Inhabitants of the Barnstable Fire District given by Pearl Freeman, Trustee dated September 29, 1973 in order to lay, maintain, operate and repair and remove water mains, pipes, shutoffs, service boxes and other equipment and connections. Meaning and intending the premises conveyed to Karen K. Dent by deed dated March 31, 2000 and recorded with said Deeds in Book 12917 Page 217 to which deed reference is made for title. Also see the Estate of Karen K. Dent, Barnstable Probate and Family Court Case No. 05P0521EP1. I � Bk 22920 Pg 65 #27130 WITNESS My/Our Hands and Seals this `sb Day of A R 08. WA EN C. DENT STATE OF SOUTH CAROLINA Barnstable , so APRIL tc, 2008 On the date first above written, before me, the undersigned notary public, personally appeared WARREN C.DENT, as aforesaid, proved to me through satisfactory evidence of identification, which were (source of identification) Driver' s license to be the person(s) whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purnose. 11 �Q Not y Public: My Commission Expires: Pit MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 05-19-2008 8 03:18am Ct1T: 1354 Doct: 27130 Fee. S1r219.23 Cons: $356r500.00 BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 05-19-2008 a 03:18am Ct11: 1354 Doi_*: 27130 Fee: $812.82 Cons: $356P500.00 Bk 22920 Pg 66 #27130 WITNESS My/Our Hands and Seals this /Cif' Day of APRIL 2008. ALISON THOMPSON -p I R (isoN l; � COMMONWEALTH OF MASSACHUSETTS as APRIL 2008 On the date first: above written, before me, the undersigned .notary public, personally appeared ALISON THOMPSON, as aforesaid, proved to me through satisfactory evidence of Identification, which were (source of identification) Driver's license to be the person(s) whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. " SARAH A.THOMASJL O�.� y. ,r Notary Public Notary Publics 41 commonwealth of Massachusetts My Commission Expires: kbl, e(e o?00 �3" My commission Expires February 28,2014 r s Bk 22920 Pg 67 #27130 WITNESS My/Our Hands and Seals this t Day of 2008. 0 W. DENT COMMONWEALTH OF MA SACHUSETTS Barnstable ss APR ��. 2008 On the date first above written, before me, the undersigned notary public, personally appeared JOHN W. DENT, as aforesaid, proved to me through satisfactory evidence of identification, which were (source of identification) Driver' s license to be the person(s) whc-se name is signed on the preceding or attached document, and acknowledged to me that he/she si it voluntarily for its stated purpose. " p, p SOA/'''����i ,o` otary Public: Rebecca C. Richardson c y° ConmUssion Expires: 12/8/2011 `. •ya M�6P a lei��.,. •CO ,f,����1;lll!1lH�O`,•• I Bk 22920 Pg 68 #27130 WITNESS My/Our Hands and Seals this �b� Day of AFS�Xt 2008. ELLYN K.DENT aka Ellen K.Dent COMMONWEALTH OF MASSACHUSETTS Barnstable ss � l6, 2008 On the date first above written, before me, the undersigned notary public, personally appeared ELLYN K.DENT,aka Ellen K. Dent, as aforesaid, proved to me through satisfactory evidence of identification, which were (source of identification) Driver' s license to be the person(s) whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated u . " t0 =yr;Fr:;..lsory Public: ii i >��f;i ;• `•;Rebacca C. Richardson Goamnission Expires: 12/8/2011 �' G�6g10N E?(PjR s /i �.°2 1 UJ CO-IMON',O�J �J= Vj MASSY•,.• ,,v . BARNSTABLE REGISTRY OF DEEDS l 1 F t�r(y- tip Town of Barnstable sAMMBLE.,* Regulatory Services 16 �•� Thomas F. Geiler, rFo►��a ,Director Building Division Thomas Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 November 14, 2007 Mr. John Dent 28 Alberti Way Centerville MA, 02632 Illegal Apartment: 193 Palomino Drive Barnstable, MA 02630 Map: 297 Parcel: 049 Our records indicate that your house at the above-referenced location is currently being used as a multi-family home, which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty Program • Prove that this is a legal multi-family home. Please contact this office immediately to tell us what direction you wish to take. Sincerel � i a Edson Amnesty Apartment Investigator Building Department gf6rms:zoning3 c r i L °Ft Town of Barnstable °^ Regulatory Services * BAMSfABLE. „ASS. Thomas F. Geiler,Director Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Tom Perry FROM: Lois Barry DATE: 4/18/07 RE: 193 Palomino Drive, Barnstable This property was appoved by Amnesty 7/21/04. Recorded documents received 11/9/04 12/7/04 #81114 issued for Amnesty apartment 3/9/05 Owner Karen Dent killed in auto accident. I was informed by Madeline Taylor 11/21/06 Amnesty will rescind in January. Apparently they decided not to do that. 4/17/07 Jack LeBoeuf has been contacted by brother who wants a final inspection so the apartment will be legal and they can sell the property. I believe the property is part of estate left to children. Jack doesn't think we can go forward with a final inspection— permit was taken out by owner, now deceased, and Amnesty documents were issued to her. 4/18/07 I called Madeline Taylor. She has been working with the family, has sent packet out to them. I explained we can't go forward with existing documents and suggested she or Ruth might need to talk to you about this. Jack has the file. cc: J. LeBoeuf D� 7 � F_ Cape Cod Times Midday News Update Page I of 4 Call toll free Click here to enter to wIn a free 877-Go-Pelia entq door and learn more about.Pella MVIV.glo Pella.co M iL A home CAPE'"TCOD TIMES news I sports I business I weather I arts I classifieds I subscribe I real estate I Search Find a section 1,2!2j! Archives:7 days 6 years search sines;Type C01 Jby Business Nam Stock markets Related To DOW 10846.41 Midday News Update +-66.21 March 9,2005 Last updated: 12:12 p.m. E-mail NASDAQ 2068.93 4.62 Copyright©2005,Cape Cod Times Searct +- S&P 500 1212.85 fffl Daily h +-6.58 • Watch for high wind and, yes, possibly more snow Stock stock quote: • Are you in winter denial? Tell us about it. ct Guess who's go t the heartburn? (Hint: it's not mommy) Advertiserr AP Wire News Barnstable woman dies in two-car accident National news HYANNIS - Barnstable police are continuing to investigate a two- International car accident that killed a Barnstable woman last night. 5 drx Politics Business/Money to Entertainment Karen Dent, 56, of 193 Palomino Drive, died at Cape Cod Hospital Science where she was taken by ambulance after a two car collision at the Sports news intersection of Stevens Street and High School Road around 8:30 Today in history p.m., according to the Barnstable police. AP News video AP Radio news MSNBC local news Weather may have played a role in the accident, said police. "It was In the News near white-out condition and the roads were very slick," said Sgt. World-class photos Sean Sweeney. There were 69,190 entries in this annual press competition. Peter Legacy, 23, of Sandwich, the driver of the other vehicle was -Winning photos not charged, but could face motor vehicle citations at a later date, for 2005 About the contest Sweeney said. "The accident reconstruction team is investigating. d04,• *,V Archive:Past 50 years Details are sketchy at this time." Blizzard of 2005 ...... The Blizzard of F Neither Stevens nor three passengers in his truck were injured, said 2005 blasted police. Cape Cod with record snow. Y Rgadel"h9tos •Times'photos According to the report, Dent was driving her 2000 Toyota Corolla A Acts of kindness north on High School Road, near the Hyannis Fire Department 01 when the accident occurred. Police could not say this morning how PAVE PAWS ' Anew study fast eitl�er vehicle was going at the time of the accident. shows no health risk from Upper Cape radar Legacy, driving a 2001 a Ford extended cab F-250 pickup truck, Public Full report t n.mary was heading east on Stevens Road, according to Sweeney. •History of issues trn'sLegacy told police that he braked for the stop sign on Stevens L'a , rbiting Street, but slid into the intersection, striking Dent's car on the I shows images of driver's side door. N the giant planet's http://www.capecodonline.com/ectimes/update/index.htm 3/9/2005 1 1-9_I8-2o 4 a 1.2 a 1.6;:3, REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATo Y AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this q day of ,2004,by and between Karen K.Dent of 193 Palomino Drive, Barnstable,MA 02630,and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the"Municipality'),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Unit";and WHEREAS,the owner of said lot has agreed to a restriction requested by the Board of Health to limit the maximum number of total bedrooms on the subject locus,including both the owner-occupied dwelling and the accessory apartment,to no more than four bedrooms as a precondition for allowing the owner to utilize the existing septic system for the proposed Designated Affordable Unit; 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 193 Palomino Drive, Barnstable,MA,as further described in Exhibit"A"hereto annexed. B. The Project located at 193 Palomino Drive,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"). G The Owner agrees to construct the Project in accordance with the terms of the comprehensive permit, Appeal No.2004- 57 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 occupy the principal dwelling unit located on the property as their year round residence in accordance with the terms of the comprehensive permit. E. The Owner agrees that the subject locus,including the owner-occupied single-family home and the accessory Designated Affordable Unit,shall contain a maximum of four(4) bedrooms. The Owner further agrees that the existing"den" or"family room" shall not be used for sleeping purposes 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 perpetuityto a household with a maximum income of 80% of Area Median Income or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development(HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In allowance established bythe Barnstable Housin the event that utilities are se ( 3. The Designated g Authontys�be deducted from paratelyrnetered,the utility least one- gnated Affordable Unit will be retained as e HUD's rent level. year leases, permanent,year round rental dwelling 4' The Owner has the full legal ri ht g units with at g g ,power and autho ityto execute and deliver this 5. The execution and erfo Agreement. f not violated a m p rice of this Agreement b I Y P ovision of law,rule or re by der will not violate or,as a body,and will not violate or,as a regulation or any order of any court or other agency orpplicable,has mortgage note,or other ins PPlicable,has not violated an governmental result in the creation or im instrument to which the YProvision of anyindenture,agreement,mortgage, position of an Owner is a Party or by which it or the 6 yprohibited encumbrance of anynature. Owner is bound' will not The Owner,at the time of execution and delivery of� reemen i the premises. t,has good,clear marketable title to � 7• There is no action;suit or proceeding at law or in e ui or rnstrurrentaji ty or other agency now pending, q n' by or before an it,or any of its properties or ri hts or,to the knowledge of the Owner Y governmental business.substantiall g 'which, adverselydeternzined would ,threatened against or affecting adversely affect its financialconducted conditi (and as now contemplated b tenme 1 right to carry on Y this Agreement) or would materially B. GDAVLIANCE MassachusettsOt bee hereby satisfied agrees that an Y and all requirements of the laws of the covenants tannin order for the provisions of this Agreement to constitutne r�nm�Cno °f g the land shall be deemed to be Of uz full and estate are also deemed to be satisfied in full and fat anyrequirements of privileges of O LI1vIITATION ON PROFITS 1' The Owner agrees to household with a g . lnrnt his/her Profit by renting the Designated Affordable Unit in maximum income of 80% or less of the Area Metropolitan Statistical Area Median Income Perpetuityto a Department of Housing �`�) and that rent(including utilities) shall note(eAed the Bnarnstable-Y ts income of B g and Urban Development armouth. . Barns table-Yarmouth Metro ��) for a household whose income is 80/ o the established by the dian the utility allowance established b Pohtan Statistical Area. In the event that utilities are se° median 2 y the Barnstable Housing Authority shall be deducted from pa D s Y metered, The Owner shall annually deliver to the Municipality HUD's rent level. Town Manager,proof that the Designated Affordable Unit is re the lease agreement and the rent charged and to the Monitoring Agent,as designated b Monitorin arged for the"unit or rented,the tenants income verification, a co Y the g Agent within 30 days of the occupation of the dtwelliuch mformatron shall also be fo PY of shall notify the Monitoring rwarded to the tenant has vacated the Deg Agent, ord Affordable Unit.the Town g unit or units by a new tenant. The Manager,within t Owner IV �y(30) days of the date that a ��QI'ALITY COVEN ASS AND RESPONSIBII,I'TTES 1. perform The�N'� TI;through the-monitoring agent designated P the duties of verifying that the Designated Affordable Unit is be with a maximum income of 80% or less of the Area Median I tby the Town Manager agrees to Metropolitan Statistical Area mg rented in perpetuityto a household ( A) and that rent incl Income (AMI) of Barnstable-Y DePanment of Housing and Urban Develo ( u g utilities) shall not exceed the rents blished pment PUP) for a household whose income is 80% of the medianbe III 2 • Area.In the event that utilities are separately metered income of Barnstable Yarmouth Metropolitan Statistical p y , the utility allowance established bythe Barnstable Housing Authorityshall be deducted from HUD's rent level. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments,hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed bythe laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIH. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a parry may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result.in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. X. ENTIRE UNDERSTANDING: A This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be,and bythese presents are,granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in Exhibit"A" hereto annexed and shall be binding uvon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipalityshall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in Exhibit"A". 3 f A XI. TERM OF AGREEMENT:NT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after. 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification bythe Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. XII. SUCCESSORS AND ASSIGNS: A The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants n,nning with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title,(ii) are not merely personal covenants of the Owner,and(1) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XIII. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipalitythat the Owner is i terms n violation of the and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien on the Project by recording a certificate setting.forth the amount of the costs and expense due.and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XIV. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. 4 IN WITNESS WHEREOF,we hereunto set our,hands and seals thistay of ,200Y OWNER BY: Signature Printed: Karen K.Dent COMMONWEALTH OF MASSAC HUSETTS County of Barnstable,ss: C.f- c� ,2004 On this d day of 0 J- 2(Y3before me,the undersigned notary public,personally appeared e-, 4','t ,the Owners) ,proved tome through satisfactory evidence of identification,which were (��., ,to be the person(s) whose name(s) is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. Notary Public Printed: MA 0 t, t rN C P.T A y U 9— My Commission Expires: JZ CFj _ TOWN OF STABLE BY: / jA Signature Printed:John C.Khmni,Town Manager COMMONWEALTH OF MASSAC HUSETTS County of Barnstable WO W /5t ;2004. On this 1 s{day of ffaV, 2001f before me,the undersigned notary public,pens onally appeared To h n, e7-,—k1-j r-r n, ,the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were 'E i&, ,to be the person whose name is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. } NotaryPu e, Printed: "ZY` ��h/r/a /08 0d-k' E My Commission Expires: 3 06sli `1 5 -. r- lei 4 21 7 .1 °-_ r -36 . QUITCLAIM DEED We, JOHN E. GIBSON and HOLLY T. GIBSON, of 193 Palomino Drive, Barnstable, Barnstable County, Massachusetts, for consideration of$249,000.00, grant to: KAREN K. DENT, individually, of P.O. Box 205 Cummaquid, Massachusetts 02.637, with quitclaim covenants . . . the land, together with the buildings thereon, situated in BARNSTABLE, Barnstable County, Massachusetts, with a mailing address of 193 Palomino Drive, Barnstable, Massachusetts 02630, more particularly described as follows: E- m LOT 97 as shown on a plan entitled Bacon Farms Estate, Section 2, by Eldredge Surveying Co., dated October 3, 1973 and duly recorded in Barnstable Registry of Deeds, Plan Book 280, Page 55. Street address 193 Palomino Drive, Barnstable, Massachusetts.. The above described premises are conveyed together with a right of way for all purposes for which streets are commonly used in the Town of Barnstable or may hereafter be used which way and streets are shown on a plan entitled "Bacon Farms Estates: dated June 17, 1972, by Charles N. Savery, Inc.", recorded with said Deeds in Plan Book 260, Page 42. Excepting from-the above described premises a certain partial release of easement and right of way to New England Telephone and Telegraph Co. and New Bedford Gas & Edison Light Co. given by Wakefield Savings Bank dated May 9, 1975 recorded in Barnstable County Registry of Deeds on May 16, 1975, as Instrument No. 09247 in Book 2103, Page 330. See also release recorded with Barnstable Deeds in Book 2183, Page 147. Also excepting from the above described premises a certain easement to the Inhabitants of the Barnstable Fire District give by Pearl Freeman, Trustee dated September 29, 1973 in order to lay, maintain, operate and repair and remove water mains, pipes, .shutoffs, service boxes and other equipment and connections. ,I l For our title, see deed from Cheryl Gibson Noonan et ax to us, dated 1/12/95, and recorded with the Barnstable County Registry of Deeds in Book 9518, Page 315. WITNESS our hands and seals this day of 2000. John E.-Gibson Holly T. Gibson j COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. 3 3 f , 2000 Then personally appeared the above named John E. Gibson and Holly T. Gibson, and acknowledged the foregoing instrument to be their free act and deed, before me, Notary P lic - SE ] my commission expires: 2 •BARMAI= HAM 059. Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2004- 57-Dent Applicant: Karen K.Dent Property Address: 193 Falomino Drive,Barnstable,MA Assessors Map/Parcel: Map 297 Parcel 049 C� Zoning: Residential F-1 _ Groundwater Overlay: AP Aquifer Protection Overlay District W Applicant: The applicant is Karen K. Dent,who resides at 193 Palomino Drive,Barnstable,MA. 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 I-XV,"Pre-existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonly termed the "Accessory Affordable Housing Program." She wants to create an accessory affordable unit at a single-family owner-occupied residential dwelling in accordance with all the conditions of this permit. The issuance of this Comprehensive Permit would allow for an owner-occupied single-family residence with an accessory affordable apartment within the single-family dwelling. Locus and Background: The property is a 1.02-acre lot that is developed with a 4-bedroom;3 112 -bathroom,2,027 square feet single-family,Cape Cod style home. The applicant has owned the property since 2000. A partial unit already existed when the applicant bought the property. They applicant has used the area as a family room. She heard about the program through the media and has stepped forward to create an affordable unit. The proposed accessory unit will be built in the basement of the main house. It will be a one- bedroom at approximately450 square feet. The locus is in a Residential F-1,in the AP-Aquifer Protection Overlay District. Procedural Summary: This application for a ComFrehensive Permit 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 was sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on July 21,2004,at which time the Hearing Officer,Gail Nightingale,granted the Comprehensive Permit. Also present was Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator. Findings as to Standing and The Comprehensive Permit- At the July 21,2004 hearing,the Hearing Officer made the following findings of fact: 1. The applicant is Karen K. Dent with an address of 193 Palomino Drive,Barnstable,MA. Ms.Dent has owned the property since March 31,2000 as documented and recorded at the Registry of Deeds in.Book 12917 page 217. She is requesting a Comprehensive Permit to create an affordable rental apartment to be accessoryto the single-family owner_occupied residential dwelling. The applicant has submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting her ownership of the property. In addition,she has submitted a certified plot plan dated March 13,2000. 2. The applicant was issued a Project Eligibility(site approval) letter dated May 24,2004 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 proposed rental unit will be approximately450 square feet and will have one bedroom It will be located in the basement of the main house. 4. The property is in the AP-Aquifer Protection Overlay District. The Public Health Division has: verified that the proposed property meets-both the conditions of the State's Title V Environmental Code and local Board of Health requirements,plus,approved the septic system at the site for a total of four bedrooms as per a letter from Dr.Wayne Miller,Cha;rman of the Board of Health,dated April 1,2004. 4a. The Board of Health gave the applicant a special ruling during it's public hearing on March 30, 2004. It was determined that the applicant's current septic is equipped to handle a total of four(4) bedrooms. After investigation and deliberation on the matter,the Board approved Ms.Dent's request for program participation through Dr.Miller's letter for the following reasons: "... the fanny niom[or den]is deun'y not bang used for s*vg pwpasa, based upon•a aphs[subrrritte lJ;b testi pmded.. tesanuzy u zs gizen tbat it um&not be feasible to wdm the doo vay to f w fay as m7t=d in other cases due to plumbing pzpes and e aincal wiring present uzVxn the wdl inrm iately a4a-&to the doorway,and MUM n not locaterl zvthm a designatsi nitrogen sensitize am as 4nai with the State E nziromm-ral Gik, Title V. Therefor, there is not any mmctions in negxnls to the max imam mmier of baimom allouzd at this site in the eaY t that the septic s3stem is designed and comtnuted writh sufficient capacity for the mmirr of b&bvom proposed" 4b. The applicant has agreed to sign a written clause that will be placed in the Accessory Affordable Housing Program's standard Deed Restriction limiting the total number of bedrooms to four. The signed Regulatory Agreement will be recorded with the Barnstable County Registry of Deeds upon receiving ZBA approval,plus,completing the 20-day appeal period on the Comprehensive Permit. 5. The town of Barnstable completed an inspection of the property on January 16,2004. It was noted that while structurally feasible to create a full unit in the basement,the following is needed: A stove and oven;and a kitchen sink It was also noted that the main room m the unit needed a smoke detector. The apartment will be built according to the plans submitted by the property owner and initialed bythe ZBA Hearing Officer. The applicant is aware that a final inspection by the Building Division will be required and that the Building Division also has to perform all necessary inspections to assure that the unit meets applicable minimum state and local code requirements before she is issued an Amnesty Certificate of Compliance. 2 6. On April 16,2004,the applicant signed an Accessory Affordable Housing (Amnesty) Program Affidavit agreeing to complywith the program's 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 %20-23. 7. Under Chapter 3,Article LXV(65) of the Town Ordinances;the affordable unit must be rented at an affordable rent to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA). 8. According to the Massachusetts Department of Housing and Community Development,as of September 4,2003, 5.11% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minimum under M.G.L.c.40B 55 20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the.dispersal of these units throughout the town is encouraged. 9. Based upon the findings,the project is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictlyfollowed. Ruling and Conditions: Based upon the findings,the applicant,Karen K.Dent,is granted a Comprehensive Permit to permit the creation of an accessory apartment of 450 square feet within a single-family owner-occupied residential dwelling,subject to the following conditions: �`The_pr p wrier-shall occupythe principal dwelling-as-heryear=rcund reside"n 2. Occupancy of the affordable unit shall not exceed two people. "'�3 —nis__ unit=shall.not--be-occupied=by a=family member ofathe owner.._ 4. To meet the requirements of affordability,the applicant must rent the unit to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA),adjusted by household size. The monthly rent payable by a household inclusive of utilities shall not exceed 30% of the monthly household income of a household earning 80% of the median income,adjusted by household size. In the event that utilities are separately metered,the utility allowance established bythe town of Barnstable shall be deducted from rent level so calculated. 5. All leases shall have a minimum terra of one year. 6. The property owner must obtain a building permit for the accessory affordable unit whether the unit is new or pre-existing. Before the issuance of an occupancy permit and Certificate'-of Compliance for the unit,the Building Commissioner must.determine that the unit confomns with the approved plans as submitted to the file (as initialed by the ZBA Hearing Officer and submitted with the building permit application) and meets state building,fire,and sanitary codes. The unit must also complywith applicable state on-site wastewater discharge requirements. 3 i I i 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 Office of Community&Economic Development of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide inf on-nationnecessary to document that the tenant(s) qualify. To insure that the unit is rented in an open and fair basis to an income eligible individual or family,the unit must be listed with the town whenever a vacancy occurs. Also,the applicant must notify the Office of Community&Economic Development of a vacancy whenever it occurs. 8. Every twelve 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 Office of Community&Economic Development of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant(s) of the unit. The applicant shall provide the town any additional information it deems necessary to verifythe information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 9. The Accessory Affordable Unit shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 10. This Comprehensive Permit shall not be transferablePto any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the town of Barnstable shall be notified within 60 days the name and address of the new owner. 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. 12:—h.1 Comprehensive Permit must I; exerci eed-and u he=nit occup -w iedithin 12 months of its issuance or it shall exprre.� 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 July 21,2004 and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2004-57 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 decis'on as outlined in MGL Chapter 40B,Section 22. n I G td�a ghtingal+aning ficer Date igned I, Hutchen 'der,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 e office of the T�ym Clerk. Signed and sealed this day of , ; C, `;: '"under e pa ins and,pen hies of perjury. da Hutchenrider,Town Clerk 4 Town of Barnstable do BARNSTABLE, : Regulatory Services • .�� f Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 9, 2004 Karen K. Dent 193 Palomino Drive Barnstable, MA 02630 Re: Proposed Accessory Affordable Apartment Dear Ms. Dent: We have received the recorded Regulatory Agreement and Comprehensive Permit for the Y g p accessory affordable apartment to be created at 193 Palomino Drive, Barnstable. We look forward to receiving your building permit application for the apartment. Please call me if you have any questions regarding the building permit process. Sincerely, Lois Barry Division Assistant J040616a Bk 19221 Pg 180 #86876 0,22 U 17 A VAj, KAM Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Applicant Karen K.Dent Appeal 2004-57-Dent Property Address: 193 Palomino Drive,Barnstable,MA Assessor's Map/Parcek Map 297 Parcel 049 W Zoning: Residential F I Groundwater Overlay: AP Aquifer Protection Overlay District Applicant: The applicant is Karen IL Dent,who resides at 193 Palomino Drive,Barnstable,MA. Relief Requested: The applicant has applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B-5 20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre-existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonlytermed the"Accessory Affordable Housing Program." She wants to create an accessory affordable unit at a single-familyowner-occupied residential dwelling in accordance with all the conditions of this permit. The issuance of this Comprehensive Permit would allow for an owner-occupied single-family residence with an accessory affordable apartment within the single-family dwelling. Locus and Background: The property is a 1.02-acre lot that is developed with a 4-bedroom,3 112 -bathroom,2,027 square feet single-family,Cape Cod style home. The applicant has owned the property since 2000. A partial unit already existed when the applicant bought the property. They applicant has used the area as a family room. She heard about the program through the media and has stepped forward to create an affordable unit. The proposed accessory unit will be built in the basement of the main house. It will be a one- bedroom at approximately 450 square feet. The locus is in a Residential F-1,in the AP-Aquifer Protection Overlay District. Procedural Summary: This application for a Comprehensive Permit was filed at the Town Clerks Office and the Office of the Zoning Board of A ring nirig Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notice was sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on July 21,2004,at which time the Hearing Officer,Gail Nightingale,granted the Comprehensive Permit. Also present was Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator. Bk 19221 Pg 181 #86876 Findings as to Standing and The Comprehensive Permit- At the July21,2004 hearing,the Hearing Officer made the following findings of fact: 1. The applicant is Karen K Dent with an address of 193 Palomino Drive,Barnstable,MA- Ms.Dent has owned the property since March 31,2000 as documented and recorded at the Registry of Deeds in Book 12917 page 217. She is requesting a Comprehensive Permit to create an affordable rental apartment to be accessory to the single-family owner-occupied residential dwelling. The applicant has submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting her ownership of the property. In addition,she has submitted a certified plot plan dated March 13,2000. 2. The applicant was issued a Project Eligibility(site approval) letter dated May 24,2004 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 proposed rental unit will be approximately 450 square feet and will have one bedroom It will be located in the basement of the main house. 4. The property is in the AP-Aquifer Protection Overlay District.The Public Health Division has: verified that the proposed property meets both the conditions of the State's Title V Environmental Code and local Board of Health requirements,plus,approved the septic system at the site for a total of four bedrooms as per a letter from Dr.Wayne Miller,Chairman of the Board of Health,dated April 1,2004. 4a. The Board of Health gave the applicant a special ruling during its public hearing on March 30, 2004. It was determined that the applicant's current septic is equipped to handle a total of four(4) bedrooms. After investigation and deliberation on the matter,the Board approved Ms.Dent's request for program participation through Dr.Miller's letter for the following reasons: ".. the fanaly mom[or 6W is 'not baT used fors*vg purposa, lxzsaal upon•a) [subnur4, h tarn p midad.. t 6nrny=gizen that it would not be feasible to widen dx domvay to f w feet as mqiand in a+her wa due tophorbagpTa and dazical wiring pmea within the wall w rnlrata y a4amr to the dboraa X and c & iperty is not lasted ughn a desUmtal mt=sensitize a as defined with the State E mimnr red Code, Title V. 7berefom there is not any n Ammo s in n s to the n=irnsm mffdw of babuws allomd at this site in the eort dnt the septic s)stem is dzsignpd and mrzstnrctnl with swan aoidV far the punier ofbxlm=prTa ed" 4b. The applicant has agreed to sign a written clause that will be placed in the Accessory Affordable Housing Program's standard Deed Restriction limiting the total number of bedrooms to four. The signed Regulatory Agreement will be recorded with the Barnstable County Registry of Deeds upon receiving ZBA approval,plus,completing the 20-day appeal period on the Comprehensive Permit. 5. Tie town of Barnstable completed an inspection of the property on January 16,2004. It was noted that while structurally feasible to create a full unit in the basement,the following is needed: A stove and oven;and a kitchen sink It was also noted that the main room in the unit needed a smoke detector. The apartment will be built according to the plans submitted by the property owner and initialed by the ZBA Hearing Officer. The applicant is aware that a final inspection by the Building Division will be required and that the Building Division also has to perform all necessary inspections to assure that the unit meets applicable minimum state and local code requirements before she is issued an Amnesty Certificate of Compliance. 2 Bk 19221 Pg 182 #86876 6. On April 16,2004,the applicant signed an Accessory Affordable Housing(Amnesty) Program Affidavit agreeing to comply with the program's 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 tern is used under M.G.L.c.40B %20-23. 7. Under Chapter 3,Article LXV(65)of the Town Ordinances,the affordable unit must be rented at an affordable rent to a person or family whose income is 80%or less of the Area Median Income(AMI) of Bamstable-Yarmouth Metropolitan Statistical Area(MSA). 8. According to the Massachusetts Department of Housing and Community Development,as of September 4,2003,5.11% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minimum under MG.L.c.40B S§20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 9. Based upon the findings,the project is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings,the applicant,Karen K.Dent,is granted a Comprehensive Permit to permit the creation of an accessory apartment of 450 square feet within a single-family owner-occupied residential dwelling,subject to the following conditions: 1. The property owner shall occupy the principal dwelling as her year-round residence. 2. Occupancy of the affordable unit shall not exceed two people. 3. This unit shall not be occupied by a family member of the owner. 4. To meet the requirements of affordability,the applicant must rent the unit to a person or family whose income is 80%or less of the Area Median Income (.AM) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA),adjusted by household size. The monthly rent payable by a household inclusive of utilities shall not exceed 30%of the monthly household income of a household earning 80% of the median income,adjusted by household size. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 5. All leases shall have a minimum term of one year. 6. The property owner must obtain a building permit for the accessory affordable unit whether the unit is new or pre-existing. Before the issuance of an occupancy permit and Certificate of Compliance for the unit,the Building Commissioner must determine that the unit conforms with the approved plans as submitted to the file (as initialed by the ZBA Hearing Officer and submitted with the building permit application)and meets state building,fire,and sanitary codes. The unit must also comply with applicable state on-site wastewater discharge requirements. 3 i --- Bk 19221 Pg 183 #86876 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 bythe Office of Community&Economic Development of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessaryto document that the tenant(s) qualify. To insure that the unit is rented in an open and fair basis to an income eligible individual or family,the unit must be listed with the town whenever a vacancy occurs. Also,the applicant must notify the Office of Community&Economic Development of a vacancy whenever it occurs. 8. Every twelve 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 Office of Conununity&Economic Development of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant(s) of the unit. The applicant shall provide the town any additional information it deems necessaryto verifythe information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 9. The Accessory Affordable Unit shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 10. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the town of Barnstable shall be notified within 60 days the name and address of the new owner. 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. i mit must be exercised and the unit occupied within 12 months of its 12. This Comprehensive Per 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 July 21,2004 and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2004-57 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 ap al this decision as outlined in MGL Chapter 40B,Section 22. G N ight, gal , aring ficer Date I, Hutchenrider,Clerk of the Town of Barnstable,Barnstab chus�tgw, ereby certify that twenty(20) days have elapsed since the Zoning Board'df App9e." thiY� cf n and that no appeal of the decision has been filed in e office of the To r Rn 5T ABL , Signed and sealed this day of o `. ' urc� e p r s'of'pas er)ury. 6.12 Hutchenrider,Town Clerk 4 BARNSTABLE REGISTRY OF DEEDS Barnstable Assessing Search Results Page 1 of 3 �'lt' 3.5 Home: Departments:Assessors Division: Property Assessment Search Results New Search " New Interactive Maps >> Owner: 2009 Assessed Values: RUSSELL,WILLIAM D&TAMMY J 193 PALOMINO DRIVE Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $204,700 $204,700 297 /049/ Extra Features: $27,200 $27,200 Outbuildings: $0 $0 Mailing Address Land Value: $ 194,700 $ 194,700 RUSSELL,WILLIAM D&TAMMY J Totals $426,600 $426,600 82 STEBBINS ROAD MONSON, MA. 01057 2009 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $88.31 Fire District Rates Town Ri Barnstable FD-All Classes $2.37 $6.90 C.O.M.M. -All Classes $1.08 Town Ct Barnstable FD Tax(Residential) $ 1,011.04 Cotuit FD-All Classes $1.43 $6.12 Hyannis-Residential $1.78 Town Tax(Residential) $2,943.54 Hyannis-Commercial $2.77 W Barnstable-All Classes $2.11 Commur Total: $4,042.89 Construction Details Building Property Sketch & ASBUILT Property Sketch legend Building value $204,700 Interior Floors Carpet Style Cape Cod Interior Walls Drywall Model Residential Heat Fuel Gas Grade Average Plus Heat Type Hot Water http://www.town.bamstable.ma.us/assessing/2009/displayparcelO9map.asp?mappar=297049 2/19/2009 ` TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION ��:, c BARN r �; TOWN f B r�Nt;T� � *ap ParcelApplication # d Health Division 1. i4 i"? 17 ;De fued Conservation Division Application Fee . w Planning Dept. Permit Fee ' DI d ..e Date Definitive Plan Approved by Planning Board Historic - OKH _Preservation/ Hyannis Project Street Address 3 zo.+A o f>C-1 Vi; Village Owner w'�L' 1 �v3�cyL Address ' Telephone 2-4-3r Z5 9 ��/� r1/���� 'i ,O97" -7757' 3 3- Permit Request -_KLMyv& L,r-Of E-i c D —Y;�5-iye r > s r^p r y�ho�Se�vwe �1�' i Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new -Zoning District Flood Plain Groundwater Overlay Project Valuation 3 Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing _new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION C RLL Ql i " (BUILDER OR HOMEOWNER) !''0 C3 j5^ 33-3 Name iL-i_' Telephone Number Address License # Home Improvement Contractor# Email t-J I���S "� e?MA(L. (Del Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO DATE SIGNATURE ''%// `� 1 �'� I 1 4- FOR OFFICIAL USE ONLY t APPLICATION# DATE ISSUED MAP PARCEL NO. G ' ADDRESS VILLAGE OWNER f� DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT AS ,_SOGION PLAN NO. TOWN"OF BARNSTABLE' • 201lding4239 Bui Issue Date:*�¢ , A 04118J14 Permit Pplimt: RUSSELL,.WII.,LIAMD&TAIvIMy 1 PermitNumber; B -20140863 Proposed Use: SINGLE FAMILY HOME Location 1.93 PALOMINO DRWE - E irati4nDatq; 1O11G/14 Zoning District RF-1 pT*Type: RESTOjtE TO SINGLE FAMILY Map Parcel 297049 Peraut Fee TO or PROPERTY OWNER Village. ARNSTABLE A Fee$ 35.00 Contract PP 50;00 License Num OWNER Est Construction Cost.$ 300 keararks r REMOVE KITCHEN 1N$ASEMENZ` APPROVED PLANS'P UST BE:]kETAMD ON JOB AND TO RESTORE TO SINGLE FAMII, THIS CARD MUST IT POSTED UNTIL:.'FINAL.. INSPECTION HAS BEEN MADE WRERE A Owner on Record: RUS SELL•WI�AM D 3 TAMMY J CERTWWATE.OF OCCUPANCY IS,."QUIREII.SUCH Addrzss: 82STEBBINS ROAD BUILDING SHALL 1.NOT BE OCCUPIED UNTIL A FINAL MONs M MA`01037 INSPECTION HAS HEEN MADE: APPIkBtion Entered by: PF Building Permit Issued$y: FtYuQ CONVEYS NO RF(ifiT-m aCclJPY ANY STEM ALLBY Ot WMWAIX OA ANY PAAF i1tERBOF;Em�ele STFCiFiCA1LY Yp UNDERTl� 7 9A ORARILY OR Y FNCxOACiQ�tV1S ON,PUBLIC PBItTY,NO EDn' M77$DEMgZ1�f70PPUBLICWQRgS.7SIEISSU OVPb,BYi1�7t1F15DtC7tON: BUnUCW(W U STREET OttAIIEYG$ARESASWELLASDEP7E[AND1OG►TIONOPP RB X, MAY0 O ANCE UP THIS PEUM DOB$NOFRELBAU TILE AMWANr PROM THB CONBI�fONS pF ANY APPIICABLB SUB . . RSS'[RICIIONS. IvtIN)MUM OF FIVE CALL INSPECTIONS REQUdREp,FOR'ALL. NSTRUC f70f WORKi I.FOUNDATION OR FOOTINGS. I SHEATHING:1NS.PFZn0N 3.ALL FIREPLACES M.UST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INISTALLEA. 4,WIRINGBc PLUMBING 1NSPEGTIONS TQ BE COMPLETED.PRIOR TO FRAME<[NSPEC ION. S.PRIOR TO COVERING STRUCTURAL MEMBERS(FRAME INSPECTION) &INSULATION. � d 7.FINAL:INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERIvI1T5 ARE REQUIRED FOR ELECTRICAL,PLUMBQ+IG ANI7.MECHANICAL INS FA`.ATIONS.'= WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STACIES O.CONSTRUCTION�I 9 PERMIT , ,, R'II,L BECOME NULL AND VOID IF CONSTRUCTION WORK IS-NOT STARTED:WITgIN Spy AgONTHS OFF DATE THE PERMIT IS ISSUED AS NOTED ABOVE: PERSONS CONTRACTING WITH UNREGISTERED CO97 RACTORS DO NOT HAVE ACCESS TO GUMtANT'Y;PUND(is set fo th in h1GL cni zAj.e BUILDING INSPECTION)APPROVALS' PLUMBING INSFEC'CION APPROVALS. ELECTRICAI,INSPfiCT10I1APPROVAI,S Z 2 2 3 l Resting Inspection ApproyAls En `nee Si rin8 Dept Fire De ..1: BoANI dWiO Town of.Barnstable Regulatory Services g oFIKE Richard V.Scali, Director Building Division * ASS.M Tom Perry,Building Commissioner y Hiasa g qjA 1639• 200 Main Street, Hyannis,MA 02601 rEc �A www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION I .I DATE: Please Print q _ JOB LOCATION: number street village "HOMEOWNER": l_l ,,q,� ZJSS CZL �;W l Z 3 Z 5 name home phone# work phone# IF, MAILING ADDRESS: q/�l le city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellj=of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building ep rmit. (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 requuem,enn Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors); provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require, as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. oFTHE rqy, * snxxsresi.E, +� "� i639. Town of Barnstable 9 10� �prFD MA'S� Regulatory Services Richard Scali,Director Building Division Thomas Perry,CBO BuildingCommissioner r' r 200 Main Street, Hyannis,MA 02601/* www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 roperty Ow r Must COmpl e and Si n This Section if" sing Builder I „ as er of the subject property hereby authorize to act on my behalf, in all matters relative to work authorize by this building permit application for: ( ddress of Job) N. h r ro Signature of Owner Date Print Name If Property Owner is applying for permit,please complete the Homeowners License Exemption Form on the reverse side. QAWPFILESTORWbuilding permit formAsmokecarbondetectors.doc Revised 050412 11-22-oy -- NOW O S s LAV ` B RM 1. / V tam STORA6 E , ol IL-JI u7 /LJT'?' Room mi SCfaC.E�B=�, GR 9 o E L EYE L, -)< ApT. AREA = y5o �Ft l93 PALOM//VO D/2 �A2iVSTABLE, MA OWNER /f:DE�1T 3 SMOKE"DEETECCfTORS REVIEWED IMPORTANT - UPGRADE REQUIRED STATE BUILDING CODE REQUIRES THE UPGRADING OF SMOKE DETECTORS FOR THE ENTIRE DWELLING WHEN T BARNSTABLE BUILDING DEPT. ATE ONE OR MORE SLEEPING AREAS ARE ADDED OR CREATED. NOTE: A SEPARATE PERMIT IS REQUIRED FOR THE FIRE DEPARTMENT DATE INSTALLATION OF SMOKE DETECTORS-THE ELECTRICAL BOTH SIGNATURES ARE REQUIRED FOR PERMITTING O 10EIV POr'L PERMIT DOES NOT SATISFY THIS REQUIREMENT, a SA T 1-1 c L.0 t u 0 : � s S l<I T 22"q D15/V 5 5 28 44 LIv PI 6r 6 - 5 p. I ST FG,OCIM P4' AA/ 193 RLOA4l,VO �R s rA 61-C,A-IA 3 ' F i I� Po R i BA'04 19 Rim STOk'A6E � IJ if 2 ND L0OR PL,q A( 193 P,4L OO11VO 1, BAR1V S 7-A Lt5 M 14 SMOKE DETECTORS REVIEWED IMPORTANT - UPGRADE REQUIRED 7 0 STATE BUILDING SMOKE DETECTORS DE REQ ENTIRE DWELLING WHEN THE UPGRADING OF BARNSTABLE BUILDING DEPT. ATE ONE OR MORE SLEEPING AREAS ARE ADDED OR CREATED. NOTE; A SEPARATE PERMIT IS REQUIRED FOR THE FIRE DEPARTMENT DATE INSTALLATION OF SMOKE DETECTORS-THE ELECTRICAL BOTH SIGNATURES ARE REQUIRED FOR PERMITTING 0 f EN PORCH PERMIT DOES NOT SATISFY THIS REQUIREMENT. IF \ BA Tt-I C l O 1 0 DEN . RA.c !� 5 29'q Llv P, m S 19 3 FA L0 Ml I N S 17,E t oe?fv' 7*Af3Lc,AIA. OWIJE.re K,D CiV r I (3�+rt4 ,E:1S 2 NO FLOOR PcR At 193 P,4G OA4/NO OR BA1?N'77-A9t.4o MA __. I1Z2-oy o S s LAv B Rm L l V Rm' o STORAGE � a o uriL )TY ROOM CAR,90E LEYEL. �• APT. /AREA = y5o �Ft �93 PALOMINO D/2 .C�A2NSTABLE, MA OWNER k.DEMT 3 11-2 2-0 41 T 0 S s LAV F1 O u 7'i L ) rY BOOM CAR 9oE LEYEL - /�3 f ALOM/Nb D/2 B4RNSTABLE, MA OWNER k.DENT 3 4L10"_en)�Lom TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION -Map Parcel OqT Application 0? Health Division Date Issued `Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation/ Hyannis Project Street Address 10 JILA.no Village 13� +OL�j e // Owner ./llc,ri /` rQal2'�yPrAddress Telephone ' S05 ! ?(34 y -73 0 Permit Request �r✓I - La.w aacr4me,6 "' Ye sN Square feet: 1 st floor: existing proposed 2nd floor: existing pro ose Total new C4g4 4E Zoning District -� Flood Plain Groun water Overla Project ValuationI ��U Construction Type Lot Size Grandfathered: ❑Yes ❑ No If ss attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(# unit ) Age of Existing Structure i9��f Historic House: ❑Yes ❑ No n OI King's Highvua ❑o s ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Nhme Basement Finished Area(sq.ft.) nfi ' hed ea(s�gjj.ftNumber of-,Baths: Full: existing 3 newalf: exis ng new Number of Bedrooms: y existing Y new UJ Total Room Count (not including baths): existing new First Floor Room Courier n Heat Type and Fuel: �as ❑ Oil ❑ Electric ❑tther Central Air: ❑Yes Zlo Fireplaces: Existing\ New Existing wood/coal stove: ❑Yes Detached garage: ❑ existing ❑ new size_ ool: ❑ exis g ❑ new size — Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Sh : ❑ existin new size — Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Prop sed Use A PLICANT INFORMATION ! (B ILDER OR HOMEOWNER) II j Name _ �r 1,i -�-r A(a.(�a,A6 z� f e,V Telephone Number 5-69 - '750- 273015-a-S(-7-7Y10 'Address, ' s" �'wood_ License # Mfg' a Z l O f Home Improvement Contractor# Email d wn r �' �w�Gu . L c� Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE ' FOR OFFICIAL USE ONLY 4 ` -APPLICATION# -APPLICATION i DATE ISSUED 9 MAP/PARCEL NO. r s ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION r FRAME i INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL - FINAL BUILDING DATE:CLOSED OUT - r ASSOCIATION PLAN NO. } ����� Vw `� � TOW__44FANSTA'1 Building 2 ' 152 Permit BARNSTABLE, Issue Date: 04/0 y MASS. �prFO A�� Applicant: RUSSELL,W AM D&TAMMY J Permit Number: B 20140711 Proposed Use: SINGLE FAMILY H Expiration Date:• 10/05/14 Location 193 PALOMINO DRIVE g District RF-1 Permit Type: FAMILY APT W/CONSTRUCTION Map Parcel 297049 Permit Fee$ 335.00 Contractor PROPERTY OWNER Village BARNSTABLE App Fee$ .00 License Num OWNER Est Construction Co 100 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND FAMILY APARTMENT IN BASEMENT ADDING BATHROOM VENT, GRtft%'WARD MUST BE KEPT POSTED UNTIL FINAL NDOW,EXIST DOOR FOR PARENTS KAL DRUMEVA&TODO DFR(5f%VTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: RUSSELL,WILLIAM D&TAMMY_J BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 82 STEBBINS ROAD INSPECTION HAS BEEN MADE. MONSON,MA 01057 Application Entered by: PF - f Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALL8TTW-.S9'ffjVALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY.-ENCROACHMENTS KPUBLIC PROPERTY;NO SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED B SDICTIOM STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION O UBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISS W THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS.OF ANY APPLICABLE SUBDIVISION. RESTRICTIONS. MINIMUM OF FIVE CALL INSPECTIONS RE IRED FOR ALL ONSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.SHEATHING INSPECTION 3.ALL FIREPLACES MUST BE INSPECT D AT THE THROAT LE EL BEFORE FIRST FLUE LINING IS INSTALLED. 4.WIRING&PLUMBING INSPECTION TO BE COMPLETED PRI R TO FRAME INSPECTION. 5.PRIOR TO COVERING STRUCTURA MEMBERS(FRAME INS CTION). 6.INSULATION. 7.FINAL INSPECTION BEFORE OCC ANCY. r WHERE APPLICABLE,SEPARAT PERMITS ARE REQ RE FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UN IL THE INSPECTOR HA APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME N L AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUE AS N OVE. PERSONS CONTRACTING WITH UNREGIS RED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). OIL y x BUILDING INSPECTION APP OVALS BING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 ating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health r Dimitar S. Arabadzhiev TQ`PM OF RNSTARBI E- 165 Castlewood Circle Hyannis, MA 02601 201q VlAkY -9 N_ 70 May 8, 2014g DIVISI-017, Town of Barnstable Building Department To Whom It May Concern: RE: Application 20140195 �i This letter is to inform you that the above permit application # 20140195 is to be withdrawn and the fees paid refunded or kept as a future credit. We started this as potential new owners of the property located at 193 Palomino Drive in Barnstable, MA and based on the advice we received from building department staff. Unfortunately, nothing came out of it despite our proactive efforts to work with you and the process to come to a solution that makes sense in this particular.situation. We are extremely disappointed that after all the verbal assurances given to us, bank and realtor by your staff, diligent upfront commitment and time invested on our part to submit all the paperwork, we were told we can but ultimately we were not able to obtain the permit. Subsequently, a permit #22.01402399 (copy is enclosed with this letter) was applied for, issued and approved removing the kitchen in basement. Please update your records accordingly. Sincerely, Dimitar S. Arabadzhiev Town of Barnstable • �1ME lqh, Regulatory Services Richard V. Scali,Director ' •AxtvsrAa�, Building Division BARNSTABLE * ti —T.-MOiF•CI#II.Pl1LLt•COT3i•HikYs'i$ MASS• � 4+¢5'Q MILLa•O5�!!'-•a31 WM51&= i6•f(�. ,� Thomas Perry, CBO L639-2014 ATEDNIA'�a Building Commissioner 200 Main Street, Hyannis, MA 02601 www.to w n.b a r n s t a b l e.m a.u s Office: 508-862-4038 Fax: 508-790-6230 May 13, 2014 Nile Morin Inc. 1660 Falmouth Road Centerville,MA 02632 Dear Mr. Morin, Enclosed please find your check number 446,in the amount of$85.00. The homeowners have withdrawn permit number 201401952. If you have any questions,please feel free to contact me at 508-862-4039. Thank you, Brenda Coyle IKEs v ns a Baa a in ctaa h l Perin i. /g Expires 6 mth ons•from sue d,Qt 861�e'ulatory '' ervices Fee S ((F i ALRNESrA •Il 'Thomas IF. Ce:ler,,Director \\yQw\ Q.�/ �i-Ye0l,ee9l�Y tl 3e �e�tilt sb. X-PRESS PERMIT . ��vpjFF��a�/ .a��,aaaa.aaaa�y a.sa°i aoav as Toni Perry;CITO, Building Commissioner JAN 200 Main Street,Hyannis,MA 0260i 2�08 `n.'�v,to.:.bamstabl c.ma.us TOW s N OF Office: 508-862-4038 RQ� a7A0 1EXP LSS PEERNUT rPLrtdsm 0N - RTSaDEwmI)AL ONLY Not Valid without Red.V Press Imprint Nap/parcel Number 7 O Y19.' Property.Address�_C� I?C;i r_� y�ry _ )SCA V W S a b 1 T. (1�1 C'k WZesidential Value(if Work �4 �2.t7 O 06 Minimum fee of$25.00 tier work under$6000.00 Owner's Name&Address��q 3 P a q^1� YYV 11 1 8 a�_y�J.i'f Contractor's Namc ( >a nr- bLe rN e, Telephone Number 7 IIome Improvement Contractor License#(if applicable) orkman's Compensation Insurance Check one: ❑ l ain a sole proprietor ❑ 1 am the Homeowner 9-11`kave worker's Compensa ton insurance Insurance Companv Name A. Workman's Comp.Policy# A W G —7 (Z:I L a Q Copy of Tnsurance Compliance Certificate must be on tile. j Permit Request(check box) 1 Ze-roor(stripping old shingles) All construction debris will be takeu to—Crt S G ❑Re-roor(not stripping. Going over existing lavers orroofl ❑ Re-side ❑ Replacement Windows/doors/sliders.U-Value (maximum .44) *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{if t"IC Rome'4nig ri)T-Ment Contractors License is required. Q:Forms:bui l din eperm its/express Revised 123107V y, Ft �� Town of Barnstable Regulatory Services Thomas F.Geiler,Director Building Division Tom Perry,CBO Building Commissioner 200 Main Street, Hyannis,MA 02601 www town.barustable ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I )4L. /,56 dA 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) 212,e)l Signature of Owner Date Print Name QTonwopift Revise071405 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 0-1 Map, off:. ' Parcel O SCq ` > E,.1 Permit# Health Division 9q-893 �90 1J ),-*3Jb1q � � �' f'�' '' ,`Date Issued a 7 a Conservation Division v' ; ' ;, .Application Fee o v Tax Collector /���D�/� Permit Fee Treasurer Planning Dept. 80SMOUSYMN Date Definitive Plan Approved by Planning Board � to.. .JOF BEDRIMS Historic-OKH Preservation/Hyannis Project Street Address Village 6Ak/IJS7—/46LE ,,_�/9 Owner �i4 o EAj AC -6 c 5-A 7 Address 9.3 /��LO/�IINO j,k/y!' Telephone S G ? 36 � — 9?3 I $91ewSTi4IsLc MA Permit Request T CoN11Ek7— t/s7-/111C 8eSp—oO/`lT Q - 2ooM ANC LA- S�/(�&CE_ �L/0c_,�1- -C_,*6j��!LA , 10ALK-0u7��-(\�}3�AS�.�1�/.�vT �•�°�AN Access Square feet: 1st floor: existing SSd �©S q g proposed 2nd floor: existing proposed Total new�lAA)C—E_ Zoning District — Flood Plain 01 Groundwater Overlay Project Valuation Construction Type Lot Size L,0 a 14<' Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure ;?O Historic House: ❑Yes 4 No On Old King's Highway: ❑Yes XNo Basement Type: >0 Full ❑Crawl {Walkout ❑Other Basement Finished Area(sq.ft.) 91SO Basement Unfinished Area(sq.ft) 3S_0 Number of Baths: Full: existing new 0 Half:existing new O i Number of Bedrooms: existing new 0 Total Room Count(not including baths): existing new O First Floor Room Count Heat Type and Fuel: XGas ❑Oil 0 Electric ❑Other Central Air: ❑Yes XNo Fireplaces: Existing _ New Existing wood/coal stove: 0 Yes XNo Detached garage:0 existing O new size Pool:O existing 0 new size Barn:0 existing 0 new size Attached garage:'existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization )Q Appeal# .2on(/ —S-2 Recorded 19 Commercial ❑Yes XNo If yes, site plan review# Current Use Proposed Use CC F Ole 40uS f AJ — 14,644T�Y I� BUILDER INFORMATION Name Telephone Number S-6 9 a 6.1— 2 23 l Address 04L0AI1A)0 41 VF_ License# 64/ A STAB L F , 1414 (3 a G 3 0 Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO S eAJ2EAA6_E Li¢A)-b �c L L SIGNATURE L DATE FOR OFFICIAL USE ONLY PERMIT NO. D&Y ISSUED MAP/PARCEL NO. : r ADDRESS` VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL - GAS: ROUGH FINAL FINAL BUILDING R y DATE CLOSED OUT ty cm ASSOCIATION PLAN NO. LV M *_ RESIDENTIAL BUILDING PERMIT FEES b APP'LICATION FEE ; New Building: $100.00 Residential Addition $ 50.00 Alterations/Renovations $50.00 Building Permit Amendment $25.00 FEE VALUE WORKSHEET NEW LIVING SPACE yS0 •2 0 6 7 square feet x$96/sq.foot=�_x.0041= 7' plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot= x.0041= plus from below(if applicable) GARAGES(attached'3c detached) square feet x$32/sq.ft.= x.0041= ACCESSORY STRUCTURE>120.sq.ft. >120 sf-500 sf $35.00 >500 sf-750i sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf-1500 sf 100.00 >1500 sf-Same as new building permit: square feet x$96/sq.foot= x.0041=' STAND ALONE PERMITS Open Porch x$30.00= (number) Deck x$30.00= (number) Fireplace/Chimney x$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) > Permit Fee Projcost Rev:063004 i I , , i AV- r LOT LOT 98 99 359. 78' o I MAP— o N83 47'25 E oN A ` zx `5 -- 20' EA MF! H N` h ===-B0 cci -� _ N o LOT 97 , ozm ova C'J 328.16 ,T S80�8'30 N LOT 96 a RES. ZONE.' 'WFI" This MORTGAGE INSPECTION Plan is For FLOOD ZONE.- 'C" Bank Use Only TOWN: _BABSTdHL, _ _ _ REGISTRY OWNER: JOHNS DOLLY 1__a15iSpN+ _ DEED REF: _951W15 — - -BUYER: 1fARM X--DF T .— DATE: _W1,2L20_QQ PLAN REF: 280 _SCALE:1"= 50 _FT. I HEREBY CERTIFY TO 1IQsS91�FS�lf& __ ft� Of 4f�ss:� yANKEE SURVEY ___ ___ _ ___ __ ___T`iAT THE BUILDING = y�`�' `� ace _ r sG� CONSULTANTS SHOWN ON THIS PLAN IS LOCATED. ON THE GROUND AS o ,� PA SHOWN AND THAT ITS POSITION DOES CONFORM o MERMiEW y 40B (SUITE 1) TO .THE ZONING LAW SETBACK REQUIR4MENTS OF THE Na.320gg INDUSTRY ROAD TOWN OF ___8AR&t9_ ARa_____________AND THAT IT DOES_ NOT_ LIE. WITHIN THE SPECIAL FLOOD HAZARD � '°9p�S.sO�P MARSTONS MILLS, MA. 026a8 AREA AS SHOWN ON THE H.U.D. MAP DATED d1_L 1_df _ �.�'�H y0� TEL 428-0055 Co unit -Pan 250001 0005 c Q SUR�ti FAX: 420-5553 __r____ THIS PLAN NOT MADE FROM AW1147STRUMENT 28486 JF SURVEY NOT TO BE USED FOR FENCES ETC. Bk 19221 Ps 173 -lor-36376 11 0,1 REGULATORY AGREEMENT AND DECLARATION OF RE STRICTIVE COVENANTS THIS REGULATO Y AGREEMENT and DECLARATION OF RESTRIC= COVENANTS,is made this day of� ,2004,by and between Karen K.Dent of 193 Palomino Drive, Barnstable,MA 02630,and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE(the"Municipality"),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts.General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Unit";and WHEREAS,the owner of said lot has agreed to a restriction requested by the Board of Health to limit the maximum number of total bedrooms on the subject locus,including both the owner-occupied dwelling and the accessory apartment,to no more than four bedrooms as a precondition for allowing the owner to utilize the existing septic system for the proposed Designated Affordable Unit; e NOW THEREFORE,inmutual 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- JAL The terms of this Agreement and Covenant regulate the property located at 193 Palomino Drive, Barnstable,MA,as further described in Exhibit"A" hereto annexed. B. The Project located at 193 Palomino Drive,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.2004- 57 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 occupy the principal dwelling unit located on the property as their year round residence in accordance with the terms of the comprehensive permit. E. The Owner agrees that the subject locus,including the owner-occupied single-family home and the accessory Designated Affordable Unit,shall contain a maximum of four(4) bedrooms. The Owner further agrees that the existing"den" or"family room" shall not be used for sleeping purposes H. 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 perpetuityto a household with a maximum income of 80% of Area Median Income or less of the Area Median Income(AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent(including utilities)shall not exceed the rents established by the Department of Housing and Urban Development(HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area..In allowance established,bytae Barnstable Housing the event that utilities are se 3 The Designated Affordable Unit will n rmed Authority shall be deducted from UD'sY metered,the utility HUD's rent revel. least one-year leases as permanent Year round rental dwelling units with at 4.. The Owner has the f g g Powerlegalright, and authority to execute and deliver this Agreement. 5• The execution and performance � nt. not violated anyprovision of law,rule ore�Agreement b the nod and 3' Owner will not violate or,as applicable,y� will not violate or,as at1Ori�or any order of any court or other a enc or ove has mortgage note,or other applicable,has not violated an r Y g rnmental result in the creation or imposition ont f an ich thie O y Party or byn of an t or the ire,agreement,mortgage, Owner is a party or by which it or the encumbrance of any nature. Owner is bound, will not 6. The Owner,at the tine of execution and delivery of Agreement,the premises. Ag ,has good,clear y There is no action,s-]it or proceeding at law or in e g marketable title to uistnrmentality or other agency now pending, equity or by or before an it,or any of its Properties or rights, or,to the knowled e of the Y governmental business.substantiall g 'which,�f adverselydetermined, Owner,threatened against or affecting y as now conducted(and as now ontemp ted n odd in riall unpair 1 nght to carryon adversely of{ect its financial condition. by Agreement) or would materially B. COMPLIA.NC;E Ile Massachusetts to ��b��^ees that any and all requirements of the la covenants -order for the provisions OfAgreement� of the Commonwealth of g with the lan3 shall be deemed to be satisfied fulla to constitute restrictions and estate are also deemed to be satisfied in full and that an re ' y requirements of privileges of O LMTATION ON pP OFITS 1 The Owner agrees to household with a limit his/her Profit by renting the Designated Affordable Unit in e rr r income of 80% or less of the Area Median Income Metropolitan Statistical Area perpetuity to a Department of Housing) and that rent(including utilities) shall note(ed the) ofBarnstable-s ble:Yarmouth income of B g and Urban Development(HUD) for a household whose income is g0%established by the Barnstable- Metropolitan Statistical Area In the event that utilities the utility allowance established b the B of the median y Barnstable Housing Authority shall be deducted from eparately metered, 2' The Owner shall annually deliver to the MunicipalityHUD's rent level Town Manager,proof that the Designated Affordable Unit i rented the n the lease agreement and the rent charged for the unit or units. Such ' Monitoring Agent,as designated by the Monitorin i the tenant's income verification,a co g Agent within 30 days of the occupation of the dweOatron shall also be forwarded PY of shall notify the Monitoring Agent,as designated by the Town Manager, or units by a new tenant?�rded to the tenant has vacated the Designated Affordable"Unit. The Owner gem,within thirty(30) days of the date that a IV. MUNICIPALITY COVEN ANTS AND RESPOIVSIBILIRES Perform'Ihe through me monitoring agent des' nfying that the Designated Affordable Unit is being ted rthe ted�meager agrees to with a maximum income of 80% or less of the Area Median Income Metropolitan Statistical Area P rP tzutyto a household A) and that rent(including utilities) (h of exceed deer n�outh Department of Housing and Urban Development (HUD) for a househ old whose income is 80%o the mets established diane 2 income of Barnstable-Yarmouth Metropolitan Statistical Area.In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from='s rent level. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments.hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or. registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed bythe laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a parry may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions bythe Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. X. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be,and bythese presents are,granted bythe Owner to run in perpetuity in favor of and be held bythe Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in Exhibit"A"hereto annexed and shall be binding upon the Owner and all successors in title. This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipalityshall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in Exhibit"A". 3 XI. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall onlytake effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification bythe Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable.County. Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. XII. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement.intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title,(ii) are not merely personal covenants-of the Owner,and (iii) shall bind the Owner,its successors and assigns and inure:to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XIII. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction.of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses;including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting.forth the amount of the costs and expense due.and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. )(IV. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to ' the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. 4 IN WITNESS WHEREOF,we hereunto set our hands and seals this day of al&'L ,200Y OWNER BY. Signature Printed: Karen K.Dent i COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: (,_J-- 2. `� ,2004 On this day of 0 J- 2004bef6re me,the undersigned notary public,personally appeared ,the Owner(s) ,proved tome through satisfactory evidence of identification,which were -�.pivVLQ: ,to be the person(s) whose name(s) is signed on the preceding or attached cYoc=ent and acknowledged to be that he/she signed it voluntarily for the stated purposes. NotaryPublic Printed: MA n 6 c. w E P.T A ti U R_ My Commission Expires: 1ZJ.v. jol . TOWN OF STABLE BY: Signature Printed:John C.Klimm,Town Manager COMMONWEALTH OF MASSACHUSETTS County of Barnstable ss: iSt ,2004. On this /'�_day of MV11, 200� before me,the undersigned notary public,personally appeared Toh n, Nkj rr,,r-l. ,the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were �.rn O IU t�fiv ,to be the person whose name is signed on the preceding or attached document and a knc owle ged to be that he/she signed it voluntarily for the stated purposes. . Notary Pit �"Printed• Q sWIQY' .5h/�'l � My Commission Expires: 5 19296. QUITCLAIM DEED We, JOHN E. GIBSON and HOLLY T. GIBSON, of 193 Palomino Drive, Barnstable, Barnstable County, Massachusetts, for consideration of$249,000.00, grant to: KAREN K. DENT, individually, of P.O. Box 205 Cummaquid, Massachusetts 02637, with quitclaim covenants . . . the land, together with the buildings thereon, situated in BARNSTABLE, Barnstable County, Massachusetts, with a mailing address of 193 Palomino Drive, Barnstable, Massachusetts 02630, more particularly described as follows: m 2 LOT 97 as shown on a plan entitled Bacon Farms Estate, Section 2, by Eldredge Surveying Co., dated October 3, 1973 and duly recorded in Barnstable Registry of Deeds, Plan Book 280, Page 55. Street address 193 Palomino Drive, Barnstable, Massachusetts.. The above described.premises are conveyed together with a right of way for all purposes for which streets are commonly used in the Town of Barnstable or may hereafter be used which way and streets are shown on a plan entitled "Bacon Farms Estates: dated June 17, 1972, by Charles N. Savery, Inc.", recorded with said Deeds in Plan Book 260, Page 42. Excepting from the above described premises a certain partial release of easement and right of way to New England Telephone and Telegraph Co. and New Bedford Gas & Edison Light Co. given by Wakefield Savings Bank dated May 9, 1975 recorded in Barnstable County Registry of Deeds on .May 16, 1975, as Instrument No. 09247 in Book 2103, Page 330. See also release recorded with Barnstable Deeds in Book 2183, Page 147.. Also excepting from the above described premises a certain easement to the Inhabitants of the Barnstable Fire District give by Pearl Freeman, Trustee dated September 29, 1973 in order to lay, maintain, operate and repair and remove water mains, pipes, .shutoffs, service boxes and other equipment and connections. 1 r For our title, see deed from Cheryl Gibson Noonan et ax to us, dated 1/12/95, and recorded with the Barnstable County Registry of Deeds in Book 9518, Page 315. WITNESS our hands and seals this day of I'*-VAeP-11- tf--, 2000. Sohn' E. Gibson r �r- .Holly T. Gibson ' COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. 3 3 t , 2000 Then personally appeared the above named John E. Gibson and Holly T. Gibson, and acknowledged the foregoing instrument to be their free act and .deed, before me, Notary P 6lic - aSEj my commission expires: 2 t) i !e ILI- 2 2 y OF IKE BARN3fABi$-• • � t6,q. `0g ffO IMF� Town of Barnstable Zoning Board of Appeals Comprehensive Permit.Decision and Notice Appeal 2004- 57-Dent Applicant: Karen K.Dent Property Address: 193 Palomino Drive,Barnstable,MA Assessor's Map/Parcel• Map 297 Parcel 049 Zoning: Residential F-1 T Groundwater Overlay: AP Aquifer Protection Overlay District W Applicant- The applicant is Karen K. Dent,who resides at 193 Palomino Drive,Barnstable,MA. Relief Requested: The applicant has applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B -5 20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre-existing and Unpermitted Dwelling Units.and for New Dwelling Units in Existing Structures," more commonly termed the "Accessory Affordable Housing Program" She wants to create an accessory affordable unit at a single-family owner-occupied residential dwelling in accordance with all the conditions of this permit. The issuance of this Comprehensive.Permit would allow for an owner-occupied single-family residence with an accessory affordable apartment within the single-family dwelling. Locus and Background: The property is a 1.02-acre lot that is developed with a 4-bedroom,31/ -bathroom,2,027 square feet single-family,Cape Cod style home. The applicant has owned the property since 2000. A partial unit already existed when the applicant bought the property. They applicant has used the area as a family room. She heard about the program through the media and has stepped forward to create an affordable unit. The proposed accessory unit will be built in the-basement of the main house. It will be a one- bedroom at approximately 450 square feet. The locus is in a Residential F-1,in the AP-Aquifer Protection Overlay District. Procedural Summary: This application for a Comprehensive Permit 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 was sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on July 21,2004,at which time the Hearing Officer,Gail Nightingale, granted the Comprehensive Permit. Also present was Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator. Findings as to Standing and The Comprehensive Permit.- At the July21,2004 hearing,the Hearing Officer made the following findings of fact: 1. The applicant is Karen K. Dent with an address of 193 Palomino Drive,Barnstable,MA. Ms.Dent has owned the property since March 31,2000 as documented and recorded at the Registry of Deeds in.Book 12917 page 217. She is requesting a Comprehensive Permit to create an affordable rental apartment to be accessory to the single-family owner-occupied residential dwelling. The applicant has submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting her ownership of the property: In addition,she has submitted a certified plot plan dated March 13,2000. 2. The applicant was issued a Project Eligibility(site approval) letter dated May24,2004 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 proposed rental unit will be approximately450 square feet and will have one bedroom. It will be located in the basement of the main house. 4. The property is in the AP-Aquifer Protection Overlay District. The Public Health Division has: verified that the proposed property meets both the conditions of the State's Title V Environmental Code and local Board of Health requirements,plus,approved the septic system at the site for a total of four bedrooms as per a letter from Dr.Wayne Miller,Chairman of the Board of Health,dated April 1,2004. . 4a. The Board of Health gave the applicant a special ruling during it's public hearing on March 30, 2004. It was determined that the applicant's current septic is equipped to handle a total of four(4) bedrooms. After investigation and deliberation on the matter,the Board approved Ms.Dent's request for program participation through Dr.Miller's letter for the following reasons: "... the fan-ly man;for dW is dearly not Ding used for slaking purposes, based upon a hoto hs IsubrrnW;b testier pnxided.. testi mny vm grim that it wxdd n.ot be feasible to widen the doamay to fine feet as requircel in other fuses due to p1wrhgpipes and ek�md w nngpn sent within the will inymbately adjacent to the doo wzy;and cc pmdM is not lcrated within a designatai nitrngcen sensitize a?w as defines with the State Enurrmm?ird Cad Title V. 7 fore, dxm is not an restrzdiores in nerds to the rmx inwn numirr of b=bwm afiaw l at this site in the eu&that the septic system is designed and oms with st&&-t rapacity for the monlzr of bairo=proposed" 4b. The applicant has agreed to sign a written clause that will be placed in the Accessory Affordable Housing Program's standard Deed Restriction limiting the total number of bedrooms to four. The signed Regulatory Agreement will be recorded with the Barnstable County Registry of Deeds upon receiving ZBA approval,plus,completing the 20-day appeal period on the Comprehensive Permit. 5. The town of Barnstable completed an inspection.of the property on January 16,2004. It was noted that while structurally feasible to create a full unit in the basement,the following is needed: A stove and oven;and a kitchen sink It was also noted that the main room in the unit needed a smoke detector. The apartment will be built according to the plans submitted bythe property owner and initialed bythe ZBA Hearing Officer. The applicant is aware that a final inspection bythe Building Division will be.required and that the Building Division also has to perform all necessary inspections to assure that the unit meets applicable minimum state and local code requirements before she is issued an Amnesty Certificate of Compliance. 2 6. On April 16,2004,the applicant signed an Accessory Affordable Housing (Amnest� Program Affidavit agreeing to comply with the program's 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 20-23. 7. .Under Chapter 3,Article LXV(65) of the Town Ordinances,the affordable unit must be rented at an affordable rent to a person or family whose income is 80% or less of the Area Median Income (AM) of Barnstable-Yarmouth Metropolitan Statistical Area(NEA).. 8. According to the Massachusetts Department of Housing and Community Development,as of September 4,2003,5.11% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minimum under M.G.L.c.40B 55 20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the,dispersal of these units throughout the town is encouraged. 9. Based upon the findings,the project is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings,the applicant,Karen K.Dent,is granted a Comprehensive Permit to permit the creation of an accessory apartment of 450 square feet within a single-family owner-occupied residential dwelling,subject to the following conditions: ) 1. The property owner shall occupythe principal dwelling as her year-round residence. 2. Occupancy of the affordable unit shall not exceed two people. 3. This unit shall not be occupied by a family member of the owner. 4. To meet the requirements of affordability,the applicant must rent the unit to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(VISA),adjusted by household size. The monthly rent payable by a household inclusive of utilities shall not exceed 30% of the monthly household income of a household earning 80%.of the median income,adjusted by household size. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 5. All leases shall have a minimum term of one year. 6. The property owner must obtain a building permit for the accessory affordable unit whether the unit is new or pre-existing. Before the issuance of an occupancy permit and Certificate of Compliance for the unit,the Building Commissioner must determine that the unit conforms with the approved plans as submitted to the file (as initialed by the ZBA Hearing Officer and submitted with the building permit application) and meets state building,fire,and sanitary codes. The unit must also comply with applicable state on-site wastewater discharge requirements. 3 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 Office of Community&Economic Development of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessary to document that the tenant(s) qualify. To insure that the unit is rented in an open and fair basis to an income eligible individual or family,the unit must be listed with the town whenever a vacancy occurs. Also,the applicant must notify the.Office of Community&Economic'Development 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 Office of Community&Economic Development of the town of Barnstable an annual affidavit listirig the rent charged and income level of the occupant(s) of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the abilityto hold a hearing to show cause as.to whythis permit should not be revoked. 9. Tlie Accessory Affordable Unit shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 10. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the propertyis transferred,the town of Barnstable shall be.notified within 60 days the name and address of the new owner. 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. 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 H,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 July 21,2004. and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2004-57 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 ap eal this decision as outlined in MGL Chapter 40B,Section 22. i G tda ightingal , aring ficer Date ned I, Hutchennder,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 t. s e office of the To Clerk Signed and sealed thi day of o ''undez e pains and penalties of perjury r da Hutchenrider,Town Clerk 4 i o�tHE ra,, Town of Barnstable Regulatory Services B' MASS. Thomas F.Geiler,Director MASS. 9.�p``� Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-403 8 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions, along with other requirements. /� Type of Work: /4A) % 67•U Estimated Codt n Q Address of Work: 193 10X(_og l,u0 �� ������� A/¢ Q.'_k � .o Owner's Name: ")ei5:_ ) �1)6,kl I Date of Application: I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied NOwner pulling own permit .Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. OR l/a3� 4naeL�. Date Owner's Name Q:for ms:homeaffidav Town of Barnstable "o Regulatory Services BAMSUBM Thomas F.Geiler,Director y Mass. 039• .0 Building Division Argo A Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print 11 r,ff DATE: 3 A `f JOB LOCATION: /0/3 &40_1�-1 A6 number VA street village "HOMEOWNER":_ h— �U A- ICE name home phone# work phone# CURRENT MAILING ADDRESS: p city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and re ui ments. A Q-� Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. . HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 2 9 7 Parcel 0419 Permit# 5 2_- 7 , Health Division � ��' �� �_ ,r 5- - Date Issued ' 29 Conservation Division Si f >Z v) Fee D Tax Collector a �- �-�r �1���hi�II�"v ! / SEPTIC SYSTEM MUST r-(E-53 Treasurer �` � J INSTALLED IN COMPLIAN Planning Dept. WITH TITLE 5 ENVIRONMENTAL CCDE AND Date Definitive PI n op ved by Planning Board TOWN REGULATIO+�S Historic-OKH Preservation/Hyannis Project Street Address l 93 pALONJ/n 0? Ri✓E Village 134,TV67 s Owner KAReAl DE-A/T Address /9.3 P194044i^/0 pe1yE Telephone 508 - 36 2 —9 79/ Permit Request CON✓E"RT CX/ST//VG /CAR 64R46,5 TQ A FAMILY ROOM. .ni OD Six/O ' DECK ANO .5)WIR.5 TO !jR•QOF .97 REAR Square feet: 1st floor: existing 9 1/ proposed 1 20 Z 2nd floor: existing 8yo proposed Nc Total new 20z12 Valuation Zoning District R F I Flood Plain C Groundwater Overlay Construction Type FR,4ME Lot Size /• 0J AC'eE Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family W Two Family ❑ Multi-Family(#units) Age of Existing Structure /6 Y/RS Historic House: ❑Yes ®No On Old King's Highway: 0 Yes ❑ No Basement Type: ❑Full ❑Crawl W Walkout ❑Other rBasement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Mo Number of Baths: Full: existing new Half:existing new lNAN4C L Number of Bedrooms: existing_ new Total Room Count(not including baths): existing 8 new 9 First Floor Room Count S Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other 140 . . Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No CNR�G6 L Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:W existing ❑new size Hc Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ® No If yes, site plan review# Current Use JyoME Proposed Use SAME BUILDER INFORMATION Name: o W /U: C, Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO OARNSTABLE SIGNATURE ���` DATE lVo✓ 221 7-00a 1 i• FOR OFFICIAL USE ONLY pr - PERMIT NO. r DATE ISSUED : MAP/PARCEL NO. ADDRESS -'_ VILLAGE OWNER - . DATE OF INSPECTION: ' FOUNDATION FRAME INSULATION - , FIREPLACE ELECTRICAL: ROUGH - FINAL ` PLUMBING: ROUGH FINAL GAS: ROUGH.) R= FINAL FINAL BUILDING DATE CCOSED OUT 1 ' a ASSOCIATION PLAN NO. ! JF*%E tp�� The Town of Barnstable r BARNSrABIZ, MASS. � Regulatory Services 039.�Fc 3+1% Building Division 367 Main Street,Hyannis MA 02601 Office: 508-8624038 Fax: 508-790-6230 tHOMEOW-NER LICENSETEX-EMPT-ION ,�/ Please Print DATE: JOB LOCATION: 193 P�91_aM1A/o DRIVE- number street village "HOMEOWNER": KAREi✓ K DC-AI7 Sob• .362.-g7.3/ Sa8-362 - 93�/ name home phone# work phone# P CURRENT MAILING ADDRESS: o 5 o X 205 CvMMAQU/4, MA O2(a37. 020S city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. `Signature-of-Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:FORMS:EXEMPTN ..,... ..Y,...r .........N.. ,.� ..,��. -- . [ ..-w+ L_}.i . �..Y+h�4yZ� .,..... i.'•,..ti..-.`+"^. .tom. - _ti .,,ni%r .�f. The Town of Barnstable BAMMMSTABM iM 39; Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 ; . Ralph Crossen Fax: 508-790-6230 f l 1 Building Commissioner PLAN REVIEW Owner: Map/Parcel: / +9 Project Address: 3 {.01\4UJ6 Builder: �{ /C,,U-J kit-A,, The following items were noted on reviewing: OF L Re C2-4 - - J Please call 508 862-4038 for re-inspection. Teti pia S�Inspected by: Date: t I q:building:fonns:review w I SSUE:l 9-Z I-00 2 /I-22-00 KEY ITEM MF6. DESCRIPTION j BAY WIN.AND. PS NLINEBAY 30-3yy2-I8W I D W/N.ANLt NL/NE- DH 2Oy2 W S DOOR AND FRENCHWOOD 6L,Di144 FWG.6068L W BF Doo - Bi-Fo[D DooR y'-ox 6'-6 CF — Nuwn CEILING FAN SB SMOKE DETECTOR INSULATION OvT IDE WALLS R-l/CE/L/NG EFIOOR RI? q 5 5'0 i DECK y-0 L �---- 6-o x 6=8 KO DRYER VENT 2 x 10 JOISTS /6"ADC t� 3111 -r 'G bWD6R1-AY14ENT i LAUNDRY# 9=Io CLOSET 8F 4- 2-,6 x2=6 BATCH 22'-O* y,6xy,5Ro VENT Q 2-/0 \ SB \ \ 403� / ENTRY i //-0# i HW 8ASEBOARO/ �/ NEAT i t PORCH 2 3 3F 9'-l C,,4R,9 0E OPENING 9F- 7=3 I 6ARA6EToFAAMY Room CO1Vj1., SIGN FoR KNREN DENT ' 3 PA L014 1 NO DR, EXISTING ��lkr✓.s,-�r /.,� MA Y J../.K. S CA L f -9 8"al'-o l oF2 I ISSUE;19-21.0o NT74 Z�0 APPROX. - — --- 6ARAGE F,OOQ — - I1NE-X k !o" /GROUND L1/JE 'f. y_8-- i — — I - - /01•0 c:;2OU1,10 _5C0PE5 To RCA REAR EL E VAT IOhl A � COPPER L/=6 _.. /q LA .SECT. AA FRONT ELEVATION GARAGE TO FAMILY ROOM COIVVERS/ON FOR AAREN DENT /9.3 PA[.OM/NO DR, 5xl57/Ny 3,9RN.57-,,9BL E IW VRAWA18Y J.JK 5cA4.ir�1,9"-I'o 20F2 LOT LOT 98 99 — _ — 359. 78 o 1V83.4 7'25 iiE, ASSESSORS MAP_ �+SH N ON 20�AS MEN= =zz s'_: O ti __--_ Q h !� p w_- o LOT 97 '3 22_ � � 3 22 �. o 400rlpt4 o p•� O ip� O 328.16 s801030 �y t LOT 96 p 2 (5 20M �! t0���I�O P S,A ,T�?l' RES. ZONE- "RFI" This MORTGAGE INSPECTION Plan is For FLOOD ZONE.' "C" Bank Use Only TOWN: _BAfE5ZAE4Z__ — — _ REGISTRY OWNER: _09NLE HOLLY ZGI$5_QN _ DEED REF: _S51"Li_ — _ -BUYER: JARFYKIJEYT DATE: _31QL20_M — — PLAN REF: 0 5 _SCALE:1"= 50___FT. I HEREBY CERTIFY TO L' �lQ �9T TU�IDING ��� of �q's�' YANKEE SURVEY ___ _ ___ _ T° SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS o� �� , CONSULTANTS PA SHOWN AND THAT ITS POSITION DOES CONFORM o MERiT}iEW N 40B (SUITE 1) TO THE ZONING LAWI�"SETBACK REQUIREMENTS OF THE � too 32098 INDUSTRY ROAD TOWN OF ___RAAmvtsz� ---------- ----AND THAT IT DOES_ NOT_ LIE=WITHIN THE SPECIAL FLOOD HAZARD �FESS%O�P� MARSTONS MILLS, MA. 02648 AREA AS SHOWN ON THE H.U.D. MAP ?)ATED d1a91_ess_ �..�qHp SUM FAX:TEL 428-0055 Community-Pan 1 250001 0005 C FAX: 420-5553 THIS PLAN NOT MADE FROM AWIMTRUMENT 28486 ✓F PA L AI ' SURVEY, NOT TO BE USED FOR FENCES ETC. e TOWN OF BARNSTABLE Permit No. NA"n.X Building Inspector cash �Yl ---_--- .__.. 1611. °" OCCUPANCY PERMIT Bond __----- __._____43, Issued to '' 'fully' Address Lot W 193 Paloi:Zno Orive, Barn.sthble Wiring Inspector Inspection date Plumbing Inspector =�'� � � J '� Inspection date Gas Inspector Inspection date Engineering Department Inspection date Board of Health Inspection date THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. ........................................I.............. 19............ ...................................................................................... ......................... Building Inspector o D�0 1_oT 9-7 X 44 4s7 ± s.:f 3S9 8 . - 8 c�R, N)Y u 0 ,Goc�9r'io�v: F3A� NS�"HE3l..E A S. t2.USSEL.L GI5S.OP•,l. SC�4LE: i„= 50� aATL�: .eEFE,ecvCE: $EIOG L.CT 9-7 ^- PL.BK. Z80 , PG;SS _ /-/Es,CEBY GECT/FY 7'AVOQ7' T!-/E 8C//d.D/AC/C. 5A,+4:>AoVAJ OA,/ Tip-//.S .oG AN /S 40C19_7-&0 OA./ 7W& CV"C>U VD AS s'NO WA.1 W,-A 0A.1 i ECG' AR NE wn cape en9inCeri7g oJAl I 4 'M r Assessor's map and lot number'........ s� Y/. .. FYNE SYSTEM 35e4L� 'UST °"oTo� DI© (� ���h''I�.I�.>. Sewage Permit number ...a...:... ��.C�................ WITPi TITLE '3 E1yV1R0NME r� f f4�` Z SARNSTADLE, i House number .............................1.C� 3....7e4 raea e 9 TOWN REG,it t63, 9. TOWN OF '^ BARNSTABLE BUILDING - INSPECTOR APPLICATION FOR PERMIT TO ................................:.................................................................................:.......... TYPE OF CONSTRUCTION.......rs! .��,f . . ` �`!.'!.. ...............�� ....�llO........................................ .................. .f, ......` ....19.�,LQ .� TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according.to the following information: Location ....! �. ...���...... " ..Q. 2!' ...........��:�`GLS.��.:.:.��........................ ................................... ProposedUse .`S b`. / ... :4 w,..:!... .............................. ............................ ............................_................................. / / Zoning District ......J. ��.../.............................................Fire District ........... .................�................ L Name of Owner .(jj£.! / `1 ��'.4:.....V. ..�... ............................... Address ...................... .......... ..................... . Name of Builder .................................................. .............Address ........... .................. .............................:�....................... Nameof Architect ..............rr..�....................................................Address .................................................................................... Number of Rooms ............................................:.... ................Foundation ..............�.�.............. Exterior .......... 5.�. / ....�........l� ..��5....... ...Roofing ...............�....�.....:.........................I........................... (+� ✓ €� i . ............. . /...em.s...s............. ......e Floors .....................�.......................................................... Interior ......... . .. a Heating ................ .................................................................Plumbing .........�............ ........................`.......... Fireplace 6 ...........Approximate. Cost � C ....................................................................... .................... .......................... .................. e Definitive Plan Approved by Planning Board ________________________________19________ . Area .� �........................ Diagram of Lot and Building with Dimensions Fee ... t ............. SUBJECT TO APPROVAL OF BOARD OF HEALTH 0 0/?1/ �Z-0 I aj OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the To of Barnstable regarding the above construction. r J Name Construction Supervisor's License .................................... LBSON, CHERYL No 26498 Permit for .....2..Stoa................. ................. ..... Single Dwelling Dwel ......................... . ............................................. Lot 97, 193 Palomino Drive Location ................................................................ Barnstable ................................................................................. Owner q!ery. l-..,GibsOn........................ ........... Type'of Construct'on ...;�XPW.................. J ................................................................................ -Plot ....................... Lot ................................ Permit Granted ........................1984 ate of Inspection 77f-FA.....................19 Date Comple ed -19 i�o.............. ... Y , cY(j ONi007Vey ,y ' MO19W311N0 Woo jy ,(71WbY of 39dYb5> 9- f7/ I � S; L -r)N1N3do 71(7 i eS _IOY9,hxD,L �- 1 d.?H / -",davog3gvo Mll INI IN 9s *� \ INI 1N3n ors-hx9-� *0-,7F H,71VH _ 9,-Z X 7;Z t - 1�507� of-6 � A a'c7Nn d7 �,?o„9l s'1slorolxa i 1/v-9A 0Y 8;9 x0-,9 H . $ I O r' S;fi o;ol o;z 61�1 woUP 9N17137 //,Y s77bj41 30/71n0 No lld7ns/v_r Ndd 9NI713� [,71xo-,h �ooa o7od-r9 _ OOGzi8M 78909 JM� 4Nrar�9 OoohtN�Nad'� Nb' WOO s � ib( zhoz HQ 3Ni7/V 17Nd W/M a M 81-ZbhF-OC Avg -RNr7N Ed ONb N/M Ad8 No/td1��s3a •o�w W311 3� lvo-zz-�l z oo-IZ-6 1:3099/ i i f. . �I ISSUE;f 9-21-00 i V I f 2-1 r -- ---- - NEW FL 00k LINE 2'0 APPROX. -- -- /5 2 GARAGE FcooR ------------- � LINE � —_ �!O„ f1PPKOX. / LINE Ll/VE )p�0 6?1P0 uA/0 51.o PG 5 To REA REN R EC.E V14 T/ON 4'-5 F—A COPPER ZL ----- ... y -6 . . _._ .SECT.-- AA FRO/V T f- C-E VAT/OAI GARAGE TO FAMILY. Room CoNYERS/ON Foq AARC/V-Dc1vr /9.3 PAL OM/ND DR, - EX157/Ny 59RN.ST/ABL E MA DRAWN 8 Y J.J K 5 c A4.E "_/'.o 2 of 2