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Home My WebLink About0009 BETH LANE J o N _ i y 1 o ,v ry�I � yl I' COMPLETESENDER". COMPLETE THIS SECTION • ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 9 ❑Agent s Print your name and address on the reverse X ressee so that we Can return the card to you. B. Received by(Printed Name) Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. �` 6 D.is delivery address different from item 1? ❑Yes 1. Article Addressed to If YES,enter delivery address below: ❑ No 3. Service Type i ❑Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number,, i= 7.0 0:3•-16 80 = 0 0 0:4 ,5 4:5:'8 s 371,8. (Transfer from srvice label. '-_ ; ' PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid i LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • TOWN OF BARNSTABLE BUILDING DIVISION 200 MAIN ST. HYANNIS,MA 02601 I1l111ffill111M tlift111111111111111111111ifilllaIIliflt1111! a ®(ts_ r^ co u In k aM «s Le Ln Postage ,$ \ p C�rtified Fee O 9postmark Q1 p Return Reciept Fee Q M Here to (Endorsement Required) M Restricted Delivery Fee (Endorsement Required) ` Total Postage&Fees=$ m j0 out G O ��. f`- =---- reef Ap.lilo.; or PO Box No. 9___ - ---'---- . - City,Sfate,ZIP �a Certified Mail Provides: (esreney)ZOOZ eunp'OOgg uuoj Sd o A mailing receipt o A unique identifier for your mailpiece e A record of delivery kept by the Postal Service for two years Important Reminders: e Certified Mail may ONLY be combined with First-Class Mail®or Priority Maile. o Certified Mail is not available for any class of international mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a Return Receipt may be requested t( provide proof of delivery.To obtain Return Receipt service,please complete d attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is required. a For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". n If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. `Internet access to delivery information is not available on mail addressed to APOs and FPOs. p n Ln - m Postage CCertified Fee N ca!) N ' J C3 Return Receipt Fee 2 P (Endorsement Required) 1r O Restricted Delivery Fee rl (Endorsement Required) CO M Total Postage&Fees —13 C3 Sent I`- 3`treet t No; —,-sY� ....... ...... � .. or PO BoxNo. -- � ._ _� �d--------- CPI----O Bo-- - .. J 1,01 ZIP D .Certified Mail Provides: e�e�e 1p A mailing receipt ( a)zooz eunr'ooee—:j Sd o A unique identifier for your mailpiece a A record of delivery kept by the Postal Service for two years important Reminders: o Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. U Certified Mail is not available for any class of international mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified',Mail. For valuables,please consider Insured or Registered Mail. I. o For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpieee"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a LISPS®postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery A If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. ff U.S.13stal ServiceTM CERTIFIED MAILTM RECEIPT Domestic Mai10nly;No Insurance Coverage_P_rovided) IFoidelivery,information,viiit our wek site_at www.-usps.co—r "'�"" .` I / Postage I ru Certified Fee 1 C Return Receipt Fee r-3 (Endorsement Required) M Restricted De"ar Total Postage&Fees 1.1 r-9 (Endorsement Ln ru 1 1: :a c ITS7Eorm'38007Ju ne 2002 See.Reverse fonlnstructions Certified Mail Provides: �e�eblaooaeunr'oost>ulio�sd e A mailing receipt e e A unique identifier for your mailplece o A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First-Class Maile or Priority Mail®. a Certified Mail is not available for any classlof Ihtemational mail.'r o NO INSURANCE COVERAGE'IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. e For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3e11)to the article;and add applicable postage to cover the fee.Endorse mailplece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,,a LISPS®postmark on your Certified Mail receipt is required:":e ,'V ., o For an additional fee, delivery may be restricted to the addressee or addressee's authprized agent.Advise,the clerk or mark the mailplece with the endorsement"Restricted Delivery" e If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on-mail addressed to APOs and F Os. ,, Town of Barnstable Building Dept.yn Sin .. ��P %SHaMa02601 , 7 /® PI7TJEV BOWES _ ,T70O4T 2516 2002 6228 2573r 02 1A $ 04-s40 0004606238 JUN 01 2006 MAILEDFROMZIPCODE 02601 4.0 A.y O F°�F�T •.3 / q �N�Fbj�F Tp�Oe Fqs°RFSS . c\1 �;✓+ Oh°S C/MFO NprkNg9p°°9FSS 9 b ti t /CiFVTM�FH E vas Hyannis, �:�ogFss^ f `n' ST NOTICE nosT��o?r. p�#r/0o'c�y R-- ls'i C= -- _ SENDER: CoMPLETE THis SECTION COMPLETE THIS SEC TION ON DELIVERY: ■ Complete items 1,2,.and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ® Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes I. Article Addressed to: _ If YES,enter delivery address below: ❑No 7, /7� I ^�27 , e— 3. Service Type f ;/ F} Qo7 6 4d-6'rtified Mail O Express Mail r Y -07/7 1 Si ❑Registered JI-Rietum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 2510 0002 6228 2573 (Ransfer from service labeq PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 °Ft Kati Town of Barnstable Regulatory Services BARNST`'. Thomas F.Geiler,Director �ArE1639* ,e Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 April 3, 2006 Dorothy Burgess,TR SAM Realty Trust 9 Beth Lane Hyannis,Ma 02664 Re: Illegal Apartments Property ID: Map 273 Parcel 199 Locus: 9 Beth Lane,Hyannis Dear MS Burgess: I am disturbed to find that you have not communicated with me since my site visit on April 20`h. At that time,I left instructions for you or an authorized agent representing the trust to advise me of your intentions regarding the two illegal apartments.You were to review your paperwork and assess your options accordingly. Please know that I do not want to assume that you have no intentions of cooperating. With this in mind, I advise you that it is absolutely imperative that you inform me of your intended course of action by June 7"'. Be assured that failure to notify me will result in ordinance citations and possibly criminal action. I anticipate your timely response and look forward to working with you to resolve this issue. Sincerely, (:-jl c ` Robin C. Giangregorio Zoning Enforcement Officer JAIllegal Apartments\9 Beth lane Ouber.FOLLOW UP LETTERDOC.DOC Certified Mail 7003 2510 0002 6228 2573 -' ` t/.J . � � .�� i ��' ' �,._ - _ r-�..-�-�'_".- Jam____ c� 1/\^' e^\S V `�+ � `` V � �� ..� I I � R� '� � -�. � � � { �, � � � � o � � � � . �- � 3... g:: 'z.� •"ti..•nrr mnww,n' ,oP« ;{.'. �,l TOWN OF BARNSTABLE, ,MASSACHUSETTSPE iRi, 199.` ` 1 a DATE 1 �... T'�j� — R - 9 ii J P E MIT APPLICANT _2J "1h 'I`.,l1 i r "I I! ( `' ADDRESS ` l (�i9 Cl�� - _ , i3x nri�, #0tanFr IN (STREET) r (CONTR'S:'U CE NSE) �' NUMBER OF PERMIT TO 1rl,j Tl. '*^rT�r„- ,-.,rLL j(•_) STORY 'i" rll' }�', 'r, rtr D'Wf-1 1 l IIC�WEU_ING UNITS, �..v.r.. - (TYPE OF IMPROVEMENT) NO. -T (PROPOSED USE)FA ZONINGATION) c R"i-'•1 r� TI'/' t��"'i r" DISTRICT— (NO.) _ (STREET) BETWEEN AND - - (CROSS STREET) - (CROSS ST.REETI - LOT - 'SUBDIVISION LOT BLOCK SIZE BUILDING IS TO.BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM'IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION i (TYPE) . REMARKS: - J h'V0LUME 2'36 `' •`-• E C PERMIT SO. 00 " ESTIMATED COST yl ) Q�,{�_ +rfi FEE (CUBIC/,SQUARE FEET) OWNER BUILDING DEPT. n BY _ ,A,ry,c.` "Urr'rrl'SrHMr't"LTUES"N'C�'Y"17E'CE-AS�Z'FI"'_"AFR�C NT FROM THE CONiDriT IONS "�. '. OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. - I.NSPEMINIMUM OF THREE CALLRED FOR APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE ALL CONSTRUE 710N WORK: CARD KEPT POSTED UNTIL FIN-AL INSPECTION .HAS BEEN PERMITS ARE REQUI RE O......FOR FOUNDATIONS OR FOOTINGS. MADE. .WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL tNSTAIBIATIONSD .Z,PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH), QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL 3..FINAL INSPECTION BEFORE FINAL INSPECTION HAS BEEN MADE. - OCCUPANCY. ,".. - - , P05T TFIIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICALINSPECTIOIV APPROVALS a s. t 6 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT - OTHER - - -BOARD OF HEALTH ,WOFK SHALL NOT PROCEED UNTIL THE INSPEC. PERMIT W!LL BECOME;NULL AND VOID IF CONSTRUCT 4 THAS APPROVED THE VARIODUS STAGES OF WORK IS NOT STARTED wiTHFN SI MONTHS F U{TION INSPECTIONS INDICATED ON THIS CARD CAN BE *5?CONSTRUCTIOr PERMIT tS ISSUED AS NOTED ABOVE TELEPHONE 2$� _ ARRANGED FOR BY L PHONE OR WRITTEN 0 ;GATE THE NOTIFICATION. , v Assessor's map and lot}number r`"l `'��1 Y, �7� u o r c{ C Sewage Permif- number :......... �F7NFT�® TQWN OFBARNSTABLEY i t• B9SB9TADLiz, i i1 ° e U.ILLD.ING IN R . ,EOMPY a• t! t �- Itur APPLICATION�FOR,PERMIT TO ........ TP�E, ;OF CONSTRUCTION .. . ... Y . ... ......1.9. 77 TO THE INSPECTOR OF BUILDINGS: The undersignedlhereby applies for a permit according to 'the following inf rm�ation: Location ! ..U77.f� .... ..... .. �'�...................... ........ s.✓�r��f.?!l!1............................................. ProposedUse ................ .... ......... . ......................... / 'Fire District '........... Zoning District . ............../.................................................. .... . ........................................................ Name of Owner ....`:` ! !T . ...................................:Address .................. �,.... // - lr Nameof Builder ..;... ... . ....................::::..............:.Address .......... ' .......... ........................(...._......................... Name of Architect Address ... /�.r � ..r'' ............................... ......................... Number of Rooms) ••• ......••••• Exterior .... 'rL:��?� ..:..........Roofing .............0 ...... . .......................................................... 00 FloorsiG��: ..........................................................Interior ............................. ................... 1,22 Heat{ng ``. .�. .. .. 1 :::..Y...... ...................................lr Plumbing ....................:QL �rC- ............................. Fireplace` ..... t<�./ .........,. ........ ...............: .................Approximate Cost ...r. ................................ Definitive Plan Approved by Planning Board --------------__ _________19_______. Area .......e.. .,..................... Diagram,of:Lot.:ancl Building with Dimensions Fee ...........- f ^.............. SUBJECT T6 APPROVAL OF BOARD;OF HEALTH �z 4 \ • .. X2&- L w a I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. r � .,�� . 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" orrsoftoe-(1st floor): J /� �oftNE rod 7 > Q� ssessors�map and lot number . . .. ..... ... ....... ........... . k. k E HOC SYSTEM MU Board of Health (3rd floor): o � `f— �a . s NITH 0 IN COMPLI a Perm:t number .......................................<.. ...... �"8Sd9TeDLLEngineering Department (3rd floor): `TITLE 5 'oo "6}9. House number ................................... . .......I........ .�..��/ �NEMNTAL CO t APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only � ' L TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ..... ......... .... W. :L �. .. TYPE OF CONSTRUCTION f/.VL � 1� .... .... .Z1/...V...�............ . .................. TO THE' INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the folllowing• information: ' Location ........... .... ..... ,. ,, .N./v.L.+.J............................ ............................................. �raqe ...........:. :.................. Proposed Use .... ...................... ......... ........::............ Zoning District ......... ... ...................Fire District ...`.�..1 �S o..................................... .................................................................... j yam/ h - a� � r s Name of Owner �{R�r� .'�f2.��. -S�.�L.'!S .�f.�.Address .....�c. 15e7-....../..... ... Nameof Builder ....................................................................Address .................................................................................... Name of Architect ....Address �J T �-�K3 0�--� Number of Rooms a_ Nc�� (f OA,� .................................... undation ............................................................................... Exterior ..Roofing r............................................................................ Floors ..............Interior ........... ......................Plumbin .................................: —`. Heating g ..................... fS l�� o . O Fireplace ................................................................................:.Approximate Cost .........t.....................��.+.. Definitive Plan Approved by Planning Board ________________________________19-------- . Area Diagram' of Lot and Building with Dimensions ,' Fee' r.` ...... .... SUBJECT TO APPROVAL OF BOARD OF 'HEALTH " OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ......... ............... r Construction Supervisor's License .h.am. i.J f I f f I i i i . i I j - Name: Jerry. Location: 9 Beth Lane Oct 23 1989 Hyannis Date. ►. M, Complainant: Tim. Kelley Telephone # Owner' s 775-2876 Problem; The owner of y proper.t Barbara Ouber turned off ry the utilities_ since -Saturday. _ The; Apt,,. is located around the back. No number on door . t- 3 7 .v . 7�. 19q The Town of Barnstable 'A she& Inspection Department a 11IR�`�4 367 Main Street, Hyannis, MA 02601 �f. 508-790-6227 p Jose h D.DaLuz Building Commissioner September 12, 1991 Mrs. Barbara Ouber c/o Tsoleridis P. 0. Box 444 Hyannis, MA 02601 RE: A=273-199 9 Beth Lane, Hyannis Dear Mrs. Ouber: This office is in receipt of a complaint alleging that you are renting or offering for rent an apartment in your dwelling. As you know, a two family dwelling is a violation of the Town of Barnstable Zoning Ordinance. l Please contact this office immediately re the above matter. Very yyJtruly yours, Ric�l"iar'cd !!1/� e rse Building Inspector I RRB/gr A cc: Town Manager The Town of Barnstable SA■t)T•1LC Inspection Department y r►,,. e t 6 m % 367 Main Street,Hyannis,MA 02601 Joseph D 508-790-6227 DaLuz t Building Commissioner J September 17, 1991 Mrs Barbara Ouber c/o TSOlerldlSa 4 `"'AIZ ° P. 0. Box 444 4�r � �}. ' Hyannis, MA 02601 . X w RE. A=273-199 9. Beth Lane, Hyannis f y �� Dear Mrs. Ouber:- • ` ... - Lhi .tom . ^>YF Thank .you for your prompt response to my request for an inspection x t v of your dwelling. My on site inspection of September 16th revealed one kitchen only in your dwelling. As per our conversation you are allowed to take in three (3) lodgers. Very .truly yours, . Richard R. Be arse . : Building Inspector AEM/gr cc: Town Manager Y �� 5c.tndgy ��5 i„S�- `1 � �20,� G►� Qr-��c�e ►n �h�, peer �o�- �n � Q��rr,e�fi, F -}- To r eyv� �� r so whew she Nie ec� u�;` aid kccf—d kcr ►-✓high sec �e�G�e bov.� t15 molar ap alee►ded `� tvocn�a �4 e��cri and g2+ 441U`C ��ne GpCt�T�►en� �� C P� �-Eh en �rtc�✓2 c��rea�l�j U41� h C�tn ��1�� l k e o, 5 n(3'1" OGr ?i �2 46 � ll ►(1UZ.S Ig�1T¢ once Qgctlyl . I A=273-199 - " H D: DALUZ rELEPHONEt 773.1120 Buil -g Commigionts EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 October 26, 1989 Ms. Barbara T. Ouber c/o Tsoleridis P. 0. Box 444 Hyannis, MA 02601 Re: 9 Beth Lane, Hyannis A=273-199 Dear Ms. Ouber: This office has been informed of a possible zoning violation at 9 Beth Lane, Hyannis. Please contact this office immediately re the above matter. P ce, -;Jose h D. DaLuz ✓ Building Commissioner JDD/gr •Y Name: Jerrv" Location• 9 Beth Lane ._ Date: Oct. 23, 1989 Hyannis = -•-.s Complainant: Tim. Kelley Telephone # Owner's 775-2876 Problem: The owner of property Barbara Ouber turned off the utilities since Saturday. The Apt. is located around the back. No number on door a -73 -�q 9 v The Town of Barnstable MAM• �uvsr�azE. • �0� Department of Health Safety and Environmental Services 3;9. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 3,2000 W.Zavas Zapounidis 9 Beth Lane Hyannis,MA 02601 RE: 9 Beth Lane,Hyannis,MA(Map#273/Parcel#199 Dear Property Owner: A review of our records,including the permitting history of 9 Beth Lane,Hyannis,MA,as well as the Zoning Board of Appeals records indicates that the use of that address as anything other than a single- family home is illegal. You are hereby ordered to discontinue the use.of the above referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within 14 days of your receipt of this letter. A building permit must be applied for to redesign the layout to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose,we will be more than happy to help you. If we do not hear from you within the 14 days,we will be forced to seek criminal action against you. Very truly yours, J Gloria M.Urenas ZONING ENFORCEMENT OFFICER GMU/kl i q-forms-000203a Name: Jerry Location: - .9 Beth Lane Date: Oct. 23, 1989 Hyannis J Complainant: Tim. Kelley Telephone # Owner's` 775-2876 � Problem: The owner of�. property Barbara Ouber turned off the utilities since Saturday. The Apt. is located around the back. No number on door ,� II J 1. �a�3 -lq 9 cti 4 \ � Q O 0 a � � �� a � � � � a �� , R �� N , �� s �� : R� � x � or� _ � � � � � � Vision LO: 21044 Other ID: Bldg#: I Card I of 1 Print Date:02/03/2000 0/.ZAPOUNEDIS,SAVAZ Description Code I Appraised Value Assessed Value BETH LANE RESLAND Ulu 27,7N 27,7( 801 ANNIS,MA 02601 RESIDNTL 1010 137,900 137,900 RESIDNTL 1010 600 600 Barnstable 2000,MA ccoun an e Tax Dist. 400 Land Ct# Per.Prop. #SR Life Estate YDL I LOT 50 Notes: VISION UDL 2 CIS ID: 66,zuu 166,200 "'MIM OWN K, a IVA X%JW%jUA I 11%U01 I A Yr. Code Assessed Value. Yr. Code Assessed value Yr. Code Assessed value OUBER,BARBARA T 3339/ 711 Q 0 1999 lulu 27,700199H IUJU 27,700 1999 1010 137,9001998 1010 137,900 1999 1010 6001998 1010 600 7otal: 100,200,—75-t-aT. 166, —Total:1 ---------T63-,7ff VV, I fus signature aC no--wFe-dg--es a visit by auata Collector or Assessor- Year lypen-yescription Amount Go de escriptlon i umber Amount �ffg Appraised Bldg.Value(Card) 134,100 Appraised XF(B)Value(Bldg) 3,800 ota Appraised OB(L)Value(Bldg) 600 N, Appraised Land Value(Bldg) 27,700 Pa rSpecial Land Value R N IV! W,", V ................ *COMPLETELY Total Appraised Card Value 166,201 REMODELED 1988.. Total Appraised.Parcel Value 166,201 ................ Valuation Method: Cost/Market Valuatioi -P— etTotal-Appraised arcel Value 166,2U( 1T-100-1 & Permit ID Issue ate lype ijescription Amount I Insp.Date 76 Comp. Daze Comp. Gomments Date Lu Ca. PurposelTesult --B3T5r9—---T27rjg7--- 12),um 1715789 ---TUT— HY AJDDIN --TIMHY ME "'I F1 I WO R6,02 ffi7 Use Go de N.. Description one rontage Depth Units unit Price 1.Pactor Y.J. G Pactor Nbhd. A aj. Notes-Adjl3pecial Pricing I Aaj. Unit I-rice`f an Value I 1UTU—Singlie-Fa—m jKUl 4 0.38 A I U 182,OUTU IM) 50AC- U.4fJSFUL(.38,UIU)Not es:IOIBLDE;- --72,1" 27, ToLtal Gard an Unit 0.38 AIUJ Parcel Total tan-W-Jr—ea. ).38 AC Total ..an FaTu—e 27, Vision ID:21044 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 02/03/2000 Me-. - ement Description Commercial vata Plemenis ty e ype o ern on emp ElementDescription odel 1 Residential Heat&AC ade C Frame Type HS FGR Baths/Plumbing 14 tones Stories 14 1 Occupancy 0 eiling/Wall A BS ooms/Prins BM HS US 14 Exterior Wall 1 1 Clapboard %Common Wall 2 Wall Height 32 Roof Structure 3 able/Hip 3 Roof Cover D3 sph/F Gls/Cmp 6 2626 22 2 terior Wall 1 D5 Drywall 2 Element 'ode Description tactor Interior Floor 1 14 Carpet Complex Floor Ad• 18 2 2 Hardwood nit Location 17 23 Heating Fuel 3 as 16 Heating Type 5 Hot Water Number of Units C Type 1 None Number of Levels /o Ownership Bedrooms 4 4 Bedrooms Bathrooms 3 3 Bathrooms 0 3 Full U na j.Base Rate 8.00 Total Rooms 10 10 Rooms Size Adj.Factor .90887 Grade(Q)Index .07 ath Type Adj.Base Rate 6.68 Kitchen Style Bldg.Value New 161,606 Year Built 1980 ff.Year Built 1980 rml Physcl Dep 17 uncnl Obslnc con Obslnc :ter pecl.Cond.Code peel Cond% Code Description ercenta a —Overall%Cond. 83 Single Fam luo eprec.Bldg Value 134,100 yi o e. �eseripteon mts rat rice r. p Ito n pr. a ue irep- y DOR Dormer B 16 80.001980 1 100 1,100 SHED SHED L 144 4.00 1900 0 100 600 �`' " tiro (-ode Description LivingArea ross Area Elf.Area rat' ost Undeprec. Value HAS First Moor ___T12M___r12M FAT Attic,Finished 319 638 319 23.34 14,891 FGR Attached Garage 0 772 270 16.33 12,604 FHS Half Story,Finished 822 1,174 822 32.68 38,371 FUS Upper Story,Finished 396 396 396 46.68 18,485 UBM Basement,Unfinished 0 1,040 208 9.34 9,709 WDK Wood Deck 0 112 11 4.58 513 t. ross LivlLease Area g Val: r�71, 3 �FTHE Tp� Town of Barnstable *Permit# �0 Expires 6 months from issue date Regulatory Services Fee 9 Hass. Thomas F.Geller Director 16 Building Division Tom Perry, Building Commissioner _ 200 Main Street, Hyannis,MA 02601 X-PRESS R�� 5 Office: 508-862-4038 NOV 1 4 2UO3 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESI]D fUU pNLY, _T Not Valid without Red X-Press Imprint Map/parcel Number R 71 Property Address Z f.T 1a /)`t- 1 1!q Ann xS Ma Residential Value of Work Owner's Name&Address r�, A. M e 1 L I se-1-tz 4� Contractor's Name /r . �Tli �r. J ��a�r i�-n Telephone Number Home Improvement Contractor License#(if applicable) � /O ? (,go Construction Supervisor's License#(if applicable) D y7 0 G 9 g Workman's Compensation Insurance Check one: I am a sole proprietor ❑ I am the Homeowner ® I have Worker's Compensation Insurance Insurance Company Name CD n I; i] n-a l 6Q ,,g Lz if 1/)S workman's Comp.Policy# 5 2 U _7 0 X 9 S-S Z/0�3 Permit Request(check box) ❑'Re-roof(stripping old shingles) All construction debris will betaken to ❑Re-roof(not stripping. Going over existing layers of roof) El Re-side ❑ Replacement Windows. 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, Home Improvement Contractors License is required. Signature OR, RK I adQa '��US • Q:Forms:expmtrg Revise053003 r, w to R w N Z RESIDENTIAL PROPERTY MAP NO. LOT NO. STREET FIRE DISTRICT SUMMARY j, 27.3 199 9 Beth Lane Hyannis ?r' LAND 7 S o OWNER H' of BLDGS. - TOTAL y S O LAND �D RECORD OF TRANSFER DATE eK ' PG I.R.S. REMARKS: D.L. #50 a) BLDGS. sU U bmalte7p hamellee & Elemorl— TOTAL 5p C j w}^rlj To T _ • H$C ' LAND `�/ 0) BLDGS. Sp 3 TOTAL LAND Qst-Cap ....7t a -•�.. 6. ..11$�-�$2l'D 8 BLDGS. TOTAL p n,, LAND "hara ..A. ,....4u.,,,... . w BLDGS. Ouber, Barbara T. 8 7 81 3339z 71 50 TOTAL LAND DU D�lT��I — �Ii7um IJ�L QI I (O O BLDGS,. / FOON,Dr9 f/O/J/ #At TOTAL • No CIMAl LAND -- Z'P G O/04p F Zi O) BLDGS. TOTAL LAND INTERIOR INSPECTED: rn BLDGS. r TOTAL DATE: LAND ACREAGE COMPUTATIONS 01 BLDGS. LAND TYPE iK OF ACRES PRICE TOTAL DEPR. VALUE TOTAL OUSE LOT l001 p J D d G O cpv? O O I.+' .�d� LAND . LEARED FRONT j'Z !� - BLDGS. REAR TOTAL /GODS&SPROUT FRONT LAND REAR BLDGS. 'ASTE FRONT TOTAL REAR � LAND OI BLDGS. TOTAL LAND BLDGS: LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH 96 FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER rn BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND cw A u ov �. T"p _ _ g '✓, Fin.Bsmt.Area LAND COST Beth Room a/ Base J Bsmt. Roe. Room St. Shower Bath rG l �' Bsmt. ` `J v BLDG.COST Byrn.Garage St. Shower Est. PURCH. DATE oils PURCH.PRICEr; Attic FI. d Stairs Toilet RoomRoof RENT i Fin.Attic t/ / �/ Two Fist.Bath V Floors !rn INTERIOR FINISH Lavatory Extra mt. 1 2 3 Sink r/s Piaster Water Clo.Extra Attie f— c—) EXTERIOR WALLS Knotty Pine Water Only uble Siding Plywood No Plumbing Bsmt.Fin. igle Siding Plasterboard Int.Fin. Shingles TILING re.Blk. G F P Bath Ff. Heat �� 7, u _ V �L :e Brk.On Int.Layout Bath Fl.rZ Wains. Auto Ht.Unit Veneer Int.Cond. Bath Ff.R Walls f,Fireplace /2 m.Brk.On H EATING Toilet Rm.Fl. lid Com.Brk. Hot Air Toilet Rm.Fl. 6 Wains. Plumbing r �/ Tiling Steam Toilet Rm.Fl.3 Walls onkat Ins. Hot Water St. Shower ' of Ins. Air Cond. Tub Area Total Floor Furn. ROOFING COMPUTATIONS ph.Shingle Pipeless Furn. O O S.F. Q Pod Shingle No Heat ! S.F- II bs.Shingle Oil Burner S.F. ,to Coal Stoker I S.F. r Gas 's.t ROOF YPE Electric S'F' OUTBUILDINGS its. Flat S.F. 1 213 4 5 6 7 8 91101 1 2 1 3 1 4 1 5 1 6 7 8 9 10 MEASURED ra Mansard FIREPLACES S.F. Floor Pier Found. nbrel Fireplace Stack Wall Found. 0.H. Door FLO RS Fireplace LISTED W, C. - LIGHTING - Sgle. Sdg. Roll Rooting th No Elect. Dble.Sdg. Shingle Roofr.'j Shingle Walls Plumbing DA E dwood '/ ROOMS Cement Blk. Electric 3 / f r L`^; h.Tils Bsmt. Ist TOTAL 0 Brick Int.FinisA P ICED gle 2nd 3rd FACTOR crc. F.ro REPLACEMENT OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep• ACTUAL VAL. FLG. To r 1 { TOTAL 0F1HE,o Town of Barnstable *Permit# 6 IRO y�P Expires monthsfrom issue date • Regulatory Services Fee • + HAMSTAHLE, ' 9� nsAss Thomas F. Geiler�Director A'FDA" Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 - Fax: 508-790-6230 - EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY q Not Valid without Red X-Press Imprint Map/parcel Number?_ t I q l '— SO Property Address P_-T 1-1 L n. Residential Value of Work ') ,coo Owner's Name&Address '"'bni-c-a �COL GF,5S Contractor's Name'Mo Telephone Number 5p —2'?2—03 a 3 Home Improvement Contractor License#(if applicable) to Construction Supervisor's License#(if applicable) / o �f ❑Workman's Compensation Insurance Check one: I am a sole proprietor ❑ I am the Homeowner ® 1have Worker's Compensation Insurance Insurance Company Nam -,agA Workman's Comp.Policy _ 9 !W y 7 X 9 Sa C� Permit Request(check box) ❑ Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roofl ❑ Re-side [� Replacement Windows. U-Value e 3 3 (maximum.44) ❑ Other(specify) * required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc.. Signature Q:Forms:expmtrg R Pvi enA1 01 O111 r JcSFPH D. DALUZ TELOPHONEs 775-1120 Building Commissioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 October 26, 1989 Ms. Barbara T. Ouber c/o Tsoleridis P. 0. Box 444 Hyannis, MA 02601 Re: 9 Beth Lane, Hyannis A=273-199 Dear Ms. Ouber: This office has been informed of a possible zoning violation at 9 -Beth Lane, Hyannis. Please contact this office immediately re the above matter. P f ce, Jose h D. DaLuz Building Commissioner JDD/gr - - I r nr%:clve=Uuy Date PyOFTHETp�! TOWN OF BARNSTABLE OFFICE OF DAE39TABLE i NMI. B O A R D OF HEALTH � i639. 367 MAIN STREET 0 MAY HYANNIS, MASS. 02601 October 26, 1989 Barbara Ouber 9 Beth Lane Hyannis MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410. 000, SANITARY CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property owned by you located at the apartment at 9 Beth Lane, Hyannis, MA was inspected by Jerome Dunning, Health Inspector for the Town of Barnstable, on October 25, 1989 because of a complaint. The following violations of 105 CMR 410.000 State Sanitary Code II, Minimum Standards of Fitness for Human Habitation were observed: Regulation 105 CMR 410.190: Insufficient hot water provided, temperature of water only 57 degrees farenheit Regulation 105 CMR 410.200: Insufficient heat provided, temperature of habitable room only 58 degrees farenheit. - - - Regulation 105 CMR 410.482:—Smoke detector-inoperative at time - of inspection ( 10:0 A.M.)- -___� - -- - -- -- . . Regulation .105 CMR 410.450: No second means of egress observed...-.-, ._._. The above listed violations are also listed as violations of 105 CMR 410.750 as conditions deemed to endanger or impair health or safety of the occupants and must be corrected within twenty-four (24) of receipt of this notice. You may request a hearing _ if written petition requesting is received by the Board of Health within seven (7) days after the date order is received. However, these violations must be corrected regardless of any request for a hearing. Non-compliance may result in a fine of up to $500.00. Each day' s failure to comply with an order shall constitute a separate violation. PER .ORDER OF TH BOARD OF HEALTH C�.t ;� �_. Thomas A. McKean Director of Public Health cc: Hyannis Fire Department Building Department TM:cst ~ TOWN OF BARNSTABLE, MASSACHUSETTS WING I'T -••rr.:e DATE 19 APPLICANT_ ii�;,,.(},: 'i`'•�.,i ...� 0-i T, - ADDRESS- ."7,1r-, ;. } .; r - •'. L ' � r�tnr, �rOS�rriPr- (NO.) `• (STREET) (C,ONTR'-S_LICENSEI PERMIT TO 7.rgj1 NUMBER OF (TYPE OF IMPROVEMENTI• .`('�-I STORY 1 f I"t' I �1 I)�7n 'I i YWELL ING UNITS, NO. ' (PROPOSED U'SE) - AT (LOCATION) ko`•'^ 14: r, T.I � tT• ,�'i n ZONING I NO.1 (STREET) DISTRICT_-- RR BETWEEN (CROSS STREET) AND (CROSS STREET) - SUBDIVISION LOT ., LOT BLOCK SIZE BUILDING IS TO BE FT, WIDE BY FT. LONG BY FT,-IN HEIGHT AND SHALL CONFORM IN:CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: ' -,T.>:: ,r '_� •.-- r}rr , AREA OR VOLUME 1.!jV :;l.r , ' .-ESTIMATED COST. $__ �j (�rj(� PERMIT ' �)(f FEE 5O' OO " ICUBICl,50 DARE FEE71 - j OWNER :S 6,T-iJili c'' Y�:+.(rj,.(' v ADDRESS y I'SP1'i ,^n BUILDING DEPT.' BY �-ti�1iri'Ci<.Yrcnt-n J'.'-f'M1"C'P7J xmir `L`:•C-F..f:ms - - OF ANv ZPp(•ICABLE SUBDIVISION RESTRICTIONS. T'�RMI"f-[7L7ES'N(J't"•{7E-L-EA5ET�FiE`gpptlCANTFROM-T E ONDITIONS�- MINIMUM OF THREE CALL A'PPROVEO PLANS MUST BE RETAINED ON JOB AND THIS I ERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FpR -YY .ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION .HAS BEEN RMITS ARE REQUIRED.—FORt. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- CHANICAL INSTALLATIONSr' '�2. PRIOR TO COVERING STRUCTUR qL ECTRICAL, PLUMBING AND MEMBERS(READY rp LATH). QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL 3. FINAL INSPECTION BEFORE FINAL INSPECTION HAS BEEN MADE, OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS I HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT OTHER L arl - BOARD OF HEALTH i WORK SHALL NOT PROCEED UNTIL THE INSPEG PERMIT W! - TOR HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT BECOMEULL MOONTHS OF ID ll� RUCTION TIRE CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD CAN BE PERMIT iS ISSUED AS NOTED ABOVE, ARRANGED FOR BY TELEPHONE OR WRITTEN NOTIFICATION. - - �- S M 9'� 0 Q V). N/3 _ IN C. FRANK ,�,,� TOWN OF BARNSTABLE .ZONING'. WHITING H $ No. 29869 o BY-LAWS DATED SEPT 14. 1987 s �ECISTER�`�p� ZONE: R C-1 SETBACKS FRONT 30 ' SIDE 15' REAR = 15' RTY LINES SHOWN HEREON WERE COMPILED PLANS ff RECORD, AND DO NOT REPRESENT TUAL SURVEY. ON THE .GROUND. PROJECT NO. 3.3160.0 I fi-7f1 "P I ,TOWN OF BARNSTABLE, MASSACHUSETTS �'L®ING ■N,, ER .e•e DATE—__"�..... -'DDT` ...� F;::;'.-.il,:; .. 'I:,1i .. .. Rc:T PERMIT . o APPLICANT 1 _ PER tJ - r r ivFlttT, _ # wn1=r IN0.) (STREET) (CONTR'S LICENSE) PERMIT TO_`�(''rl ii."^ ••r•,- - I_ - NUMBER OF STORY_ -i•": f'"'r, '( .r I"L.Te' 1 l( ` . (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) WELI_ING UNITS AT (LOCATION) Fi.`•" ' - � .�c•Tl ZONING I NO.) i (STREET) DISTRICT— �ZR BETWEEN (CROSS STREET) AND (CROSS STREET) SUBDIVISION LOT LOT BLOCK SIZE �- BUILDING IS TO BE FT. WIDE BY i FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION i TO TYPE USE GROUP _,BASEMENT WALLS OR FOUNDATION I REMARKS: (TYPE) ��.oT�. �•r• c iAREA OR VOLUME G!j i; ESTIMATED COST. T C'I }l(�jn FEE FEET) CJO. 00 (CUBIC%.SO DARE h OWNER :ic.:_'.):'_.1. r i'•. �,� ADDRESS BUILDING DEPT. By OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.I'SaV arv�"� Vh r"rrfS'F•�-RMY'I"UUE S-N'C-I"'R'E LEAS'E`THE-AP P'LIC ANT FROM THE CONDITIONS ___.1_._....___.......:. , MINIMUM OF THREE CALL •� INSPECTIONS REQUIRED FOR APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN REQUIRED FOR LE FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATEOF PERMITS ARE 2. PRIOR TO COVERING STRUCTURAL OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. AND M EMBERS(READY TO LATH). QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL 3, FINAL INSPECTION BEFORE FINAL INSPECTION HA$ BEEN MADE. OCCUPANCY. POST THIS CAR® SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS �.I . 2 -- - ---- i2 -----_-- „rA. 2 / — I HEATING INSPECTION APPROVALS-----------�_ ENGINEERING DEPARTMENT MM OTHER BOARD OF HEALTH --- WORK SHALL NOT PROCEED UNTIL THE INSPfC � PERMIT '+�!L L BECOME NULL AND VOIDPROCEED IF CONSTRUCTION CONSTRUCTIOn WORK IS NOT STARTED WI�ABOVE. ( MONTHS OF DATE THE INSPECTIONS INDICATED ON THIS CARD CAN BE PERMIT i$ ISSUED A$ NOT ARf1ANGcG FOR BY TELEPHONE OR WRITTEN NOTIFICATION. f"}pvSttr P8. z7i � 84 13 . zs 4121 s� SNE.D Aj 0 ti M 9'� �I L0T 50 j� � 8 � _ \ L' ;,gyp• E a . of r,�s FRANK C� ��`� TOWN OF BARNSTABLE .ZONING wiiirINc BY=LAWS DATED SEPT 14 1987 p No. 29869 0, s �Ec►Sr�R`�° ZONE: RC- 1 • _ SETBACKS ; FRONT_ = 30 ' SIDE. = 15' REAR = 15' ERTY LINES SHOWN HEREON WERE COMPILED PLANS OF RECORD AND DO NOT REPRESENT CTUAL SURVEY ON THE GROUND. PROJECT N0. 3.3160.0 TRUCTURE DEPICTED ON THIS PLAN WAS LOCATED„ PLOT PLAN E GROUND BY SURVEY ON FEBRUARY 26 1988 XISTS AS.SHOWN AS OF THE DATE OF LOCATION. in BARNSTABLE MASS . YgRM9 UTH:PQR11. Way BARNSTABLE;:YILLAGE :Rare HYAIVNI3 Commercial build DENNIS SOUTH Kitchen'.` EA 7HAM 1 Br apt;plus 1 206 Ka stl> _ 113 acre,slopin4 builda4(e' Ing S used,car lAt qr other praiileges .calla11t{M!eek� igom,efficlencles $140 Just ed; It)oli tot wtconservation on=2 possibilities CaltT�iecesa ;'c 598 394 9728 w $g185 weekly Includes is. �52 Kit 5;590 ,51des �Daarf:end ;street (508}2923876fi[on smaMngg,no ppets +eRI, n FALMOUTIf E $100hiYk Y{5Q8)Z55 2835 1. 072�Kata a :'� 39;900 Towntwater $3550Q0lQQ i Laundry 'kit electnGlieat Possible water view EA8THAM 2 Br 1de Reno 0216 Kate s Path 5,000 furnished 50�274 9522 > 61211 k Gien , 65 QQQ 508 gT5 914��Fgf gmaU� .17 } ,/ tie r rsDecgdland4sale;� �^ ,,;., ;> HAR1yICH�alt holeg DdV i Mated tY/d FP $1 iO91mo : 6 w �/� V f"13tueberfyy s 95;000 {do dogs 5d9 25r5 9259: o •1A::Jahn HaiL:: 510000m HYANNIS Excel(errt opporta- es.-$15iywk Jnc►udes W ,l / WE KNOW SINGS WAyis t11ty In prime 1pcahan::off has Call 50ttr432 2050} AI mOUFN Downtown U ,Y -Gall Peggy Crampton DENNIS } Matra St 2 parpeisr 4'eing, HYANNIS $12 reek P nl�hi 2 3'br living 6m, U 508 237 7874 506 Z55-5100 `3 �ST1;R ;, slid as package Consisting includes all,.{&cable plus din n roomI eat 1n.Idtchen 0 47Ac with Dlstarlt�ieW0.of 0f 7 retell Stores with 2.stu Securi deposit �alk>#o $ mo+ 15t Ina onN 1 CapaACad Oa >Higl �Ought> ;dl 1apt,anr4 taddN+?lials udownwfl x774 836-p1378rCaLMF B-A60Sr48,S72 /i�v TNE-RFAt ESTATE CO t - afterrea; e to'lseacftas<§ b�rm resiiientra�dweiling: capecodhaercam ll�ff&ce[tter ofTq+Nn $379k $1200000 y HYANNIS =t;anferwlle ;line F)41INOUTH urge illpdetn 1� V Reefiy�50$-3$51:955 ` 1 SOb724 5061 $110/wk ;iocfudas aIi Celt �r.$9951ma includes utiis fi r Prudenfial Premier Prope 72 8823,'. ( ►,�I MARSTONS MILLS �IIATER �� U(�, FRQh[Ck Permitted acre+:lot HYANNIS G HYANNIS Clean large coon. FALMQUTH;aIEW 1$28R dn�Mystfc Cake &Wheeler w/pmate bath:fridge poun w;h $900 PLl(NIOUTN,NH: Rd.=New weU_IO ppace,Sun MedlCal/COftlFrlBrCl11 tef space for micro, ample www.ReniMaxHome com Pleture Postcard VIewsi Seta v(ews sand ,beach, West Main-Str�t�1�AcreE pang pri+rata 9n#rdnca Ray 508 548 6444 _E ,I Farling t+.HI h isibillty Ideal or one. Na~,ets .1st dock Best fa kirld� h Bonus Apaftments� . ma onN for.;move rt, 6b0/ WICK f'bedrogm I D LvQr� MQ�nIrr��CP,a $595 000 " . 7 p` i UMf�AQUtlRnce Reduo- 0vmers-FtnaRcjng miiineludes`heaf/� ut basement Including ell, 1 ACC�i4S ff6orNEM7 Idt subdivision * $559 000 *. e[ectne Galt M F 8 4 utibties sat!tlt�yurrelsss{n x 5istid avallable Acre+ lots, Cral villa Re CQ - (598)548-372� „ temet $775kflox Private i r �� :r 5^all;are_perkeit all unN4es : (9$ 775 314 parkrrtg&flhtretice tstnast e 900 =�r�`- HYANNIS Cle�n,�qulet,r;.fur 3 � D .. �$295 /e�� F , v: mshgd rms,.=cable pdvate 4,50$A30 Q158 S $,James E Murphy Ana= MASHPEE Commercial ba $150lwk:508 if5p2038 y HARWU:N {508}77f 1717 Industrial lots Prime 4oca ideal fort s t�i x s $7 and inclu�ing,�w pets don$425,000 to45Q%Of10 HYANNIS Clean �u(ettumr (508) t32 t067 ` INlterll3allClfl MASHPEE�uNew'lisbngl Commercia(;Real Estaite•Co pprvata entrance lea•fqr�) y 5acres on:Ashumat Bond, 508,362 2123 $140/wk 5087776 3866 NARWICH Nlce=4 br apt prl' Top`.shelf lot' on at retired close to Holly Rese►vatfon vale drive&.:entry separa�a $�afea Premium home site D { Y } HYAN IS Near Mall S Hospl uti[s-I$8Q0;1st last::securi rl_ cea taPo9 Ph Y MOUTH TE28 8. with ryndergrqundu4ltt[es ` g tal 16o/wklnCludmg:Call§y1y Near~~sNtng gtitt and shgp J t$25 00QfTe83Qna}, t rip Piz .,; r 12K sq ft� roAlan (97.4)836 36j3 ty. 508 432 6209 :Leave ing,�rest.mess to I g3 508 477�50b includes 2 6r apt Newry ran Message all'calIs.retumed l Norltlern Acres talE,free r dVeted.retaifspace w/superb HYANNIS QgeAn St private d DRAY 1 ff77 0-5263 SANDWICH Builds tot;°En f niageTexposure Just over vRattr fridgge;.TV micro.-nort HARWICItFOfTT Nice large 1 gineenng &=5epsc design Hpannis line.t 55m - smok' pets.yearly,$i160/ bedroom •.1Nalk to>:every lxdays or N, co ames E Murph Inc. Wdekly {596)280 Oti52k thin t Qnl ,$875 Includas� t';nrtperd6cres,Carp- = b at$219900xs g e 5 8 432R86Qt1 uy :50$fi7f 1717`+e 4 8-3bt7 �,ik Frye R�,508-$881189. HYANNIS prrvata homy vwn www CCARentals aom� x BI X BaWontrance $640/mo;in SANDWICH,E l<51 acrawith dudes b08i3641186 :,tt JGIRWiCN 1iV :2 br 2 full plans & Speds for 4 bed ' baths Laundry Waltdng die FLORiDA HOME, Cd us room home$194 500 i HYANNIS Va larga rm %pr �nee E9 beach $1400/mo ! CduntyzgoK>cgmmunlly'7 - 4 tANI) Foraffgiabiehottstng taentr�8ra$40/uvfcln stncfudas`heat:No pets,non 9I rooms 93 8r 2K Ba 22 car , local 3au exempt organita Cudes unls.508 790 7061 sgloktrig 508 432 636Q i garage Shopp,:.office pool} ton seeks donated 0r par SANDWICH�Prgfassional:F 2 �f I s a;sale/trada $Sf5,000 ,daily donated Ntr4)4Q devei� large rooms,private BA; d .Cncludgs utilhte rbielsf t .21 Gall'3 a2-422-3319 for Info op:afful a_a';housin You ret�g60,talcy�rite off,you vita entrance:Kitchen p. vi lest(508)775 3243`" call detertttIle What Is D41R le®es laundry" 00/ma1 in 1 u c desalt i50 317$1:8ia ANNIS 1':be"apt_ Gr I n, �•�..••�+•�+��: and you cart peip oca� area Includes all even'ca e x �SANOWICH Village Rt 6R� �[orking pedple those wha YARMOUTH Closeo.every 775lrrlo (508)539 003 p BI�RNSTABLE,';W,'2.8 acre ,Q'. here Cleazedr Old f are elderly or pegpl&with thing;,private entry, cable,, l lot,perc enggineered private r Home onsite $450000 ' disabilities resit gt$buuyya.'de kitchen f50/wk 77i 8564 N1fANNiS 2 1Brapts d�os to 5emngg off 6A Reduced W cent place to;Ifve§Housing Main &•:beaches;bard 279 900 owi]erPorokec: CHATHAM 0 Assistance Corp YAfiMOUTH,YU Large:fum (wood firs Startlrrg at Q 508 Q64;8668 Cul-de-sac,0 84 acre de- Call 508 Z7 SgCOx236" rdom bath/kitchen ppnv mo includes all.N --- eded beach dgMs per tavely home:.$800lmo Ref Trig/pets 5Q8,52 Cro milted $575;000 etences requlred No pets F } (fi17)842 6838 ANNIS 2 B♦i,15 I� :. BASS RIVER stew appRpdances, Building lot,40:ac Perked& YARMOUTHPNRT My Nome BOURNE"16r stew." chgn� Title V designed for S.:BR;4 ' MORTGu►GE s:RA1 :Sep lndudes all $175/waek :call rcanal vie th c BA Very.prnrate country:lane I TGE, Economy do$uRQa,,Gape ,uDan,..(569)f36Z 8265;, }$23 807. a 83R ' Cod Times or internal YAI�NiS, Wgn at Bass}River Sherrace 2 room a lei en' r www capacodnntine com Asking,$440M* 1 50837r1�10 I'r V 1tl town�lqua, private, etking t C Cad Owiter 50$7712000 Reality ExecltWes} BOURNE BPautdui s ti"sous not} mob n y¢ww.thecarrollcompanycom L..�.�- _�+�J 1` BR Spt;`include ;:all ( k1 : ni ' r VUA7ER VIEWS $t b�cfra{321}7 3 2 to NiSU1RpQ�11B70C11hcL ':� BREWSTER, Rare f 75 acres i Qilallty 1/2 acrelat wdh_di t1p0Rpl08. 9 + z ra wooded homeslte neaz all sect protected ]news and f BOURNE *Steps to wCanal gl BrewsteramenitleS $250k fi- " deeded access to,CBhter C01omal 2:tamily h q 2 HYANNIS fitra>e=very r -- •BREWSTER Large "& �ville's Lake ,Wequagret 1 BR $1200+ & 3 8 ..�Ia r5_ranslyy retttr t Lovelyy tat =- $tonetrenge Permitted fact=3 bedroom RENTALS t gourmet Jdtchen $T500+ histted =t�rRral,air separate nel hborhood Convenient rivets ard'S parkin atfic launtj rim:Incfudin .W/D g home$359,000 D.. Y g ry location► $254 900 I YARMOtlTH PORT aging,BBB 703 storage trash ppick-up•Very a dishwasher, built in:mlor4, �BREWSTEWBeautiful-;Lot Uniquer*.5.08759-5229 wood fits,calmg fans;hat=� be u-1 ss to onds in Brew *His(onc 4 page4 setdn9� Wanted to Rents 7QS con car port li fenced in` �--_ 9 ust soft "Ate 6a Vintage p CEN ster,HEeWi fits oe 3t9k f, tfOURN AGAMORE B CH r minute Yfaikto down oBR STER Fa HEEP utldinggtlpeabonlCpppar IloliseStnh s �47 yr¢cnatytar91�bed- van R" hftW..',AoDets v 1A �tunity�PrlceF$36990D i0pm apts;$900/mo+`obis non smk references "hit POND EST&TES Level �oommofes 71Q 4 9 Corner Buildin�gg Lot 5h0rf tthachef Share 166;acre Larrgge 2 bedroom ts, $90Q mo +_1 last secu in �"` `walk 2. pprivate beaches yParcel parcel #or buildingg Hoina Shinn F ri.717 $t000 lOENmomh $329,900 d�ue dream home! 9 last security& eartease IiREWSTER-2.3R Llrrcc 1 °�$488.Onn:ahuttinn-Uictnn �. RnM+:+n Qen1 715 eL ,ram na lidnn,- NIrAWNIA•IVAarn s► dannvM'1. `JV1�tePages.com- Online Directory Assistance Page 1 of 2 "' I S<,a�13k�iri E ACCOUNT I SER C ; htWafchers- - People Business Email Reverse Reverse Area & ZIP Tools & Search Search Search Phone Address Codes Resources Reverse Phone I Batch Phone Searches I Automate Phone Lookups I Integrate Contact Data < NEW SEARCH Sign up right now for Vonage and get 1 month FREE. Looking for Dimitrios Ouber? Dogpile.com can find it. Need More Help With Your Search? ` 1 Result matching "(508) 771-0842" �M Ouber, Dimitrios ° 9 Beth Ln, Apt B Hyannis, MA 02601-2225 View More Records Buy one (508) 71-0842 for Dimitrios Ouber, $29.99. 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Remove this listing from WhitePages.com. . hq://www.whitepages.com/10001/search/ReversePhone?phone=508-771-0842 1/16/2007 -tKE rQ,,,o Town of Barnstable ti Regulatory Services r ' BnRvsrnsr>E MASS Thomas F.Geiler,Director 9 g' Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 L 3,2006 Dorothy Burgess,TR SAM Realty,Trust 9 Beth Lane Hyannis,Ma 02664 Re: Illegal Apartments Property ID: Map 273 Parcel 199 Locus: 9 Beth Lane,Hyannis Dear MS Burgess: I am disturbed to find that you have not communicated with me since my site visit on April 20t'. At that time,I left instructions for you or an authorized agent representing the trust to advise me of your intentions regarding the two illegal apartments.You were to review your paperwork and assess your options accordingly. Please know that I do not want to assume that you have no intentions of cooperating. With this in mind,I advise you that it is absolutely imperative that you inform me of your intended course of action by June 7t'. Be assured that failure to notify me will result in ordinance citations and possibly criminal action. I anticipate your timely response and look forward to working with you to resolve this issue. S' cerely, Robin C. Giangregorio Zoning Enforcement Officer JAMegal ApartmentsU Beth lane Ouber.FOLLOW UP LETTERDOC.DOC Certified Mail 7003 2510 0002 6228 2573 r ofTME�, The Town of Barnstable KASS. Department of Health Safety and Environmental Services ' o59. '� Building Division 367 Main Street,Hyannis MA 02601 e: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 3,2000 Mr.Zavas Zapounidis 9 Beth Lane Hyannis,MA 02601 RE: 9 Beth Lane,Hyannis,MA(Map#273/Parcel#199 Dear Property Owner: A review of our records,including the permitting history of 9 Beth Lane,Hyannis,MA,as well as the Zoning Board of Appeals records indicates that the use of that address as anything other than a single- family home is illegal. You are hereby ordered to discontinue the use of the above referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within 14 days of your receipt of this letter. A building permit must be applied for to redesign the layout to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose,we will be more than happy to help you. If we do not hear from you within the 14 days,we will be forced to seek criminal action against you. Very truly yours, Gloria A Urenas ZONING ENFORCEMENT OFFICER GMU/kl q-forms-000203a __N DF OFFEND BAR 76155 TOWN OF ADD ESS FOFFEND BARNSTABLE CITY, T�Z CODE O / ego /T MV/MB REGISTIIRATION NUMBER - s NSE ie ^ Lj � ,,. a O e sin I� )1 Lv1' •�� > {: TI E AND DATE OF VIOLA TIO OF V U.1 NOTICE OF (A.M i P.M.)ON -;Uo ;20 O a�Ar�2 nc a SIN URE OF ENf-0 IN N E RCIN�ip I� / BADGE N0. in �++ VIOLATION t V o I OF TOWN I HEREBY ACKNOWLEDGE R EI F CITATION X a l ORDINANCE finable to obtai si nature of fender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS i - -.1Date mailed 6� w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a UJI DISPOSITION WITH NOAESULTING CRIMINAL RECORD. Cn REGULATION y ' (1)You may elect to pay the above floe,either by appearing in person between 8:30 A.M.and 4:00 P.M..Monday through Friday,legal troRdays excepted, W before:The Barnstable Clerk 200 Main Street,Hyannis,MA 02601,or by mailing a cheek,money.order or postal note to Barnstable Clerk,P.o Bmc O, d Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (()) p ggyyoo yy FIRST � 92ARNSTABLE DIV SION,COURT COMPOUND,(MAIN STREET,'BARNSTABLE,MAm02630,Attn:2 request N ntcriminalRHearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at,the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense_charged,and.enclose payment in the amount of$ t Signature ' • C3C3 0 CERTIFIED MAIL RECEIPT [ti ra r-9 r� Ln ter_ LP'). Ln im m. m Postage $ CC3 C3 C3 3 O C3 Certified Fee C3 C3 O C3 �� C3 C3 Return Receipt Fee Postmark (Endorsement Required) Here O O Restricted Delivery Fee rl. r-4 (Endorsement Required) co C0 43 O C3. Tbtat Postage&Fees C3 O C3 Sent To C O O orpoocuf o. City Slate 21Pta ---- i :r, rr i 2 \�:p r .` }� M BOOK3339 PSGE (71 21544 ID N ' c I, Deborah A. Russell, now Deborah A. Tsoleridis m of Hyannis, Barnstable County, R0bmAZaaxy Massachusetts bxkptjnpwa�Qd,for consideration of$50,000.00 x W coo C grant to Barbara T. Ouber of 100 Oak Neck Rd., Hyannis, MA 02601 ro ai m with warrantg runrnauts, the land,with any buildings thereon,insaid Hyannis, Barnstable, ,d County, Commonwealth of Massachusetts, bounded and described as a follows: s, oBEGINNING at the southeast corner of the land herein described at a i point in the westerly line of Beth Lane, and at the northeast corner i of Lot #49 as shown on plan of land hereinafter mentioned; thence NORTH 76034'02" WEST in line of last-named lot, one hundred twenty (120) feet to land of Arthur W. D. Conway as shown on said i plan; ithence NORTH 13025158" EAST in line of last-named land, one hundred thirty (130) feet to a point for a corner; thence SOUTH 87008'45" EAST eighty-five and 95/100 (85.95) feet to I a point; i thence SOUTHEASTERLY, SOUTHERLY and SOUTHWESTERLY in the arc of a curve having a radius of thirty (30) feet, a distance of fifty-two and 66/100 (52.66) feet to a point in the said line of Beth Lane; and t ;I thence SOUTH 13*25158" WEST in line of said Beth Lane, one hundred sixteen and 29/100 (116.29) feet to the point of beginning. I CONTAINING 16,651 square feet, more or less. 1' BEING shown as Lot #50 on a plan of land entitled "Plan of Land in (Hyannis), Barnstable for Cape Investment Trust", dated January 2, I is 1973 and filed in Barnstable County Registry of Deeds in Plan Book 271 Page 84 (Sheet 2 of 2) . SUBJECT.to an easement to the New England Telephone and Telegraph Company and the New Bedford Gas and Edison Light Company dated July 26, 1973 and recorded in said Registry of Deeds in Book 1912, Page 170. SUBJECT to an easement to the New England Telephone and Telegraph i 'x Company and the New Bedford Gas and Edison Light Company dated o April 28, 1977 and recorded in said Registry of Deeds in Book'2502, Page 177. 1909 SUBJECT to an easement to the New Bedford Gas and Edison Light Company ) q dated April 28, 1977 and recorded in said Registry of Deeds in Book �' • 2503, Page 202. *to,. -FOR MY TITLE, see deed from Twin City Corp., dated December 4, 1980 ill - and recorded in said Registry of Deeds in Book 3204, Page 140. u SUBJECT to the 1982. fiscal year real estate taxes which the grantee � assumes and agrees to pay. I i �y Q H 1 I BOOK3339PAGE 072 'JMMO(NrWE OF pp -6;F.C!IUSf.1TS C//v��IAh10LL1JW Oi itt.S,a//CHUSi'iR'S ISE _ �itea.rq 5 8. 2 8�_ = --_=•aol-,8I P _I' 5 k 7 2i _ — — — Y � e { lod"as mr hand and common seal this 6th day of August, 19 81 I Executed in the presence of (L�D-r ti t (IIammamaraU4 of Massar4ustatts Bristol, ss. New Bedford, August 6., 19 81 Then personally appeared the above named Deborah A. Tsoleridis and acknowledged the foregoing instrument to be her free act and deed, before me.K261— Notary Ilt blic. Aly commission expires 19 d 7 (THE FOLLOWING IS NOT A PART OF THE DEED,AND IS NOT TO BE RECORDED.) , CHAPTER 183,SECTION 10,GENERAL LAws. A deed in substance following the form entitled"Warranty Deed"shall,when duly executed,have the force and effect of a deed in fee simple to the grantee, his heirs and assigns,to his and their own use,with covenants on the part of the grantor,for himself,his heirs,executors,administrators and successors,with the grantee,his heirs,successors and assigns;that,at the time of the delivery of such deed, (1) he was lawfully seized in fee simple of the granted premises, (2) that the granted premises were free from all encum- brances,(3)that he had goal right to sell and convey the same to the grantee and his heirs and assigns,and (4) that he will,and his heirs,executors and administrators shall,warrant and defend the same to the grantee and his heirs and assigns against the lawful claims and demands of all persons. RECORDED auc 781 w �� U -� � �, � � �, . .. =, �� .. Y �_� �� x, � �� .�,-�r- . . � ,, -� _� - -- �� -�;._ Se 5oo,.7767 YALf D5 MAOSACNU@12TTn WARRANTY D6KD INDIVIDUAL (LONG 1PORMI07A 56943 1, BARBARA T. OOBER of 9 Beth Lane, Hof Hyannis, Barnstable County,Massachusetts jW jfflj§�,for consideration paid,and in full consideration of One Dollar ($1.0) -�'-a�-r�Aiueble•cv[e}�rati�,s ' grantsto S A'M REALTY TRUST of Hyannis, Barnstable County, Massachusetts ' of �', n • OX IA/./• 1 o5c �, �5�-yh.,f�v2f/ fCyGJ,U.G/S h1R• 4�60! with wsrruntg townenu the land in said Hyannis, Barnstable County, Commonwealth of Massachusetts, bounded and described es follows: (Description and rncumbronces,if any) i BEGINNING at the southeast corner of the land herein described at a point in the westerly line of Beth Lane, and at the northeast corner of Lot #49 as shown on plan of land hereinafter mentioned; thence NORTH 76034102" WEST in line of last-named lot, one hundred twenty (120) feet to land of Arthur W. D. Conway as shown on said plan; thence NORTH 13025158" EAST in line of last-named land, one hundred thirty (130) feet to a point for a corner; thence SOUTH 87008145" EAST eighty-five and 95/100 (85.95) feet to a point; thence SOUTHEASTERLY, SOUTHERLY and SOUTHWESTERLY in the arc of a curve having a radius of thirty (30) feet, a distance of fifty-two and 66/100 (52.66) feet to a point in the said line of Beth Lane; and thence SOUTH 13*25158" WEST in line of said Beth Lane, one hundred sixteen and 29/100 (116.29) feet to the point of beginning. CONTAINING 16,651 square feet, more or less. BEING shown as Lot #50 on a plan of land entitled "Plan of Land in (Hyannis), Barnstable for Cape Investment Trust", dated January 2, 1973 and filed in Barnstable County Registry of Deeds in Plan Book 271, Page 84 (Sheet 2 of 2). SUBJECT to an easement to the New England Telephone and Telegraph Company and the New Bedford Gas and Edison Light Company dated July 26, 1973 and recorded in said Registry of Deeds in Book 1912, Page 170. SUBJECT to an easement to the New England Telephone and Telegraph Company and the New Bedford Gas and Edison Light Company dated April 28, 1977 and recorded in said Registry of Deeds in Book 2502, Page 177. SUBJECT to an easement to the New Bedford Gas and Edison Light Co my dated April 28, 1977 and recorded in said Registry of Deeds in Book 2503, Page 202. FOR MY TITLE, see deed from Twin City Corp., dated November 4, 1980 and recorded in said Registry of Deeds in Book 3204, Page 140. SUBJECT to the 1982 fiscal year real estate taxes which the grantee assumes and agrees to pay. POR MY TITLE, see deed from DEBORAH A. RUSSELL, now Deborah A. Tsoleridis dated August 7, 1981 and recorded in said Registry of Deeds in said Book 3339, Page 071. i1 �I (*Individual—Joint Tenants—Tenants in Common.) eooK7767 vacs 136 VWwjja ...my....hand and seal this............ ...................day of A7A0*V419 91 ............................................................ &do"'eo.....Tt.....&/ ................ ............................................................... ...... ................................................. .................... ....................................................... ........................................................................... the eammanwealth of Mustiant4ugetu BARNSTABLE 55. '0*V 1991 Then personally appeared the above named BARMAA T. OUBER and acknowledged the foregoing instrument to be her free act and deed, before,mot, 'cp Ile—N Atici qf Q J�Ace . My commission expires., 0"! 1040 of II (THE FOLLOWING 18 NOT PART OF THE D511D, AND 13 NOT To BE ROCORMID.) CHAPTER 183 SEC,6 AS AMENDED BY CHAPTER 497 OF 1969 Every deed presented for record shall contain or have endorsed upon it the full name,residence and post office address of the granted And a recital of the amount of the full consideration thereof In dollars of the nature of the other consideration therefor. It not dallvcmd for A specific monetary sum. The full consideration shalt mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining tht!reon. All such endorsements and recitals shell be recorded as port of the dyed, Fall"M to comply with this section shall not affect the validity of any deed. No register of d LoL ding unless It is it,compliance with the ZIT requirements of this section. Z I IL M ,s ��= V 1 � � \! { �� ' G� N ' � s eou..7767 mE 126 56942 DECLARATION OF TRUST of SAVVAS L. 2APOUNIDIS >� 1, SAVVAS L. 2APOUNIDIS, of Hyannis, Barnstable County, Massachusetts, do hereby declare that 1 and my successors in trust hereunder will hold any and all property of every name, nature and description and any interest in any of the same that may now or hereafter be acquired. by or conveyed or transferred to me or such successors as Trustees hereunder for the sole benefit of the beneficiaries hereunder from time to time upon the terms, conditions and provisions, and subject to the limitations hereof. I 1. Trustee. The term "Trustee" as used herein shall mean the person or persons who from time to time shall be serving as Trustee or Trustees hereunder, and all of the rights, powers, authority, privileges and immunities provided for hereunder for the Trustee or Trustees may be exercised by such person or persons which this Trust instrument shell appear from the Registry of Deeds in which this Trust instrument is recorded to be the Trustee or Trustees at such time. 2. beneficiaries. The Beneficiaries of this Trust are the persons listed as,the benefic- iaries in the Schedule of Beneficiaries this day executed, sealed, acknowledged and filed with the Trustee and his successors and assigns. The beneficial interests of the beneficiaries are as now set forth on said Schedule of Beneficiaries. No assignment or transfer of any beneficial interest may be made with- out the express prior written consent of all of the Trustees and all of the beneficiaries hereunder, except those minor children named as such Beneficiaries. i 3. Name. In order to facilitate title references in recordable form affecting any property which may constitute a part or all of the Trust Corpus, this Trust may be referred to as the SAM REALTY TRUST. 4. Trustee as Beneficiarx. Any Trustee hereunder may without impropriety become a Beneficiary hereunder. Ok -1- ' I .A aou.7767 PAu 129 5. Function of Trust. The entire purpose of the Trust herein established shall always be to protect and conserve the property which constitutes and which may in the future constitute the corpus of this Trust. Except as and only to the extent expressly provided in Sections 6 ("Authority of Trustee") and 8 ("Revocation; Termination"), the Trustee shall have no power to deal in or with the Trust estate except as directed by all of the beneficiaries. The sole function of this Trust shall be to hold record title to the Trust corpus for the benefit of the benefic- iaries hereunder. Notwithstanding anything to the contrary in this Trust instrument, this Trust shall not conduct any business of any nature. 6. Authority of Trustee. Upon the express written direction of all of the beneficiaries hereunder, and not otherwise, the Trustee shall have full power and authority to: (a) execute, seal, acknowledge and deliver leases and subleases notwithstanding that the term of said leases or subleases may extend beyond the date of the possible termination of this Trust and (b) to sell, convey, assign, mortgage, or otherwise dispose of all or any part of the Trust property, notwithstanding that the term of said mortgages may extend beyond the date of possible termination of this Trust, and to execute, seal, acknowledge and deliver any and all deeds, conveyances, assignments, mortgages and other instruments to effectuate any such sales, conveyances, assignments, or mortgages, and (c) to borrow money and to execute and deliver notes or other evi- dence of such borrowing of money for a period extending beyond the date of the possible termination of this Trust, and (d) to sign, seal, acknowledge, deliver and endorse checks, drafts, notes, undertakings and other property or instruments or orders for the payment, transfer or withdrawal of money for whatever purpose and to whomsoever payable (including but not limited to the order of a signer), and (e) to grant or acquire rights or easements, and (f) to enter into agreements, con- tracts or arrangements with respect to the Trust property. Notwith- standing anything to the contrary herein, however, it is expressly understood and agreed that except for the provisions of Section 8 hereof ("Revocation; Termination"), the Trustee shall have no power or authority to do or perform any of the foregoing acts enumerated in this Section 6, nor any other acts in relation to the Trust property of any nature, except and only to the extent that he is so directed in an instrument in writing and executed by all of the beneficiaries hereunder in each and every instance. Except to the extent that the Trustee is so directed by such written instrument so executed by all of the beneficiaries hereunder, and except for the provisions of Section 8 hereof ("Revocation; Termination"), the sole function, power and authority of the Trustee hereunder shall be to hold bare record title to the Trust corpus for the benefit of the beneficiaries hereunder. -2- 0' k - PALE 130 ' eooF."E76'7 ' If any income from the Trust property shall come into the hands of the Trustee, the Trustee shall pay over such income pursuant to the written directions of all of the beneficiaries, and with- out such direction shall pay such income to the beneficiaries in proportion to their respective interests at least annually. No Trustee shall be required to take any action which will, in the opinion of such Trustee, involve him in any personal lia- bility unless he shall first be indemnified to his satisfaction. Whenever there shall be only one Trustee hereunder, any and all deeds, mortgages, leases, subleases, assignments, checks, drafts, notes, or other instruments having to do with the Trust property shall be perfectly valid and binding when duly executed by such sole Trustee. Whenever there shall be more than one Trustee hereunder, any and all deeds, mortgages, leases, subleases, assignments, checks, drafts, notes, or other instruments having to do with the Trust property shall be executed jointly by all of the then Trustees. I 7. Third persons dealing with the Trustee. No person dealing with the Irustee hereunder shall e under any obligation or liab- ility to see to the application of any purchase money or of any other money or property loaned or delivered or transferred to the Trustee or to see that the terms and conditions of this Trust have been com- plied with. Any person dealing with the Trust property or any Trustee may always rely fully and without further inquiry on a Cert- ificate signed by all persons appearing from the records of the Registry of Deeds in which this Trust instrument is recorded to be the Trustees hereunder as to who are the Trustees hereunder, (or who is the Trustee hereunder if only one) or who are the beneficiaries hereunder, or as to the authority of the Trustee to act, or as to the existence or non-existence of any fact or facts which constitute or may constitute conditions precedent to any acts or action by the Trustee hereunder, or which are in any other manner germane to the af- fairs of the Trust, including without limitation the fact of whether or not directions authorizing the Trustee to so act have been given by the beneficiaries as in this Trust instrument provided, and any person may so rely upon any Certificate signed by all of the persons appearing from the records of the Registry of Deeds in which this Trust instrument is recorded to be the Trustees hereunder (or the Trustee hereunder, if only one), and such Certificate need not name the beneficiaries hereof. B. Revocation, Termination. This Trust may be terminated at any time by any one or more of the beneficiaries by delivery to all of the Trustees (or to the Trustee, if at that time there shall be only one Trustee) of an instrument in writing setting forth such termination and signed by any one or more of the beneficiaries and acknowledged in proper form for recording. This Trust may also be revoked and terminated at any time by any one or more of the Trustees by delivery to the beneficiaries (and to the other Trustees, if such revocation and termination is by less than all of the Trustees) of an instrument in writing setting forth such revocation and termination and signed by any one or more of the �� Trustees and acknowledged in proper form for recording. �: ram.... ..,. �a — BOU0.7767 Fp6E 131 Upon delivery of such instrument to the Trustees (or to the Trustee, if at that time there shall be only one Trustee), or to the benefic- iaries, as the case may be, the Trustee or Trustees shall acknowledge receipt of the same and the same shall be recorded in the Registry of Deeds in which this Trust instrument is recorded. Notwithstanding anything herein to the contrary, including but not limited to the foregoing three sentences, this Trust shall termin- ate in any event on the first to occur of the following events: (a) the death of the beneficiary or beneficiaries or (b) the expiration of twenty years from the date hereof. In case of termination either by expiration of time or otherwise, the Trustee shall thereupon transfer and convey by proper instruments in writing the specific assets constituting the Trust corpus subject to any leases, mortgages, contracts or other liens or encumbrances on the Trust corpus to the beneficiaries hereunder as tenants in common in proportion to their respective interests, and all such deeds or other instruments shall refer to this Trust instrument and shall be accom- panied by a Certificate of the Trustee certifying that the grantees or transferees named in such instrument are the beneficiaries and that the interests of the respective beneficiaries are set forth in said instrument. if a Trustee shall resign during such time as he is the sole Trustee hereunder, or should the Trusteeship become otherwise vacant, this Trust shall terminate, and in such an event, all of the beneficiaries may execute, seal, acknowledge and record:a Certificate reciting the resignation of such sole Trustee, or the fact that the Trusteeship has become vacant , and identity and beneficial interest of each benefic- iary, and upon the recording of such Certificate, this Trust shall be deemed terminated, and the recording of such Certificate shall be deemed for all purposes to automatically vest in the beneficiaries (without the necessity of any further written instrument or act) the specific assets constituting the Trust corpus or encumbrances on the Trust corpus, as tenants in common in proportion to their respective interests, and such Certificate shall refer to this Trust instrument and shall certify as to the identity of the beneficiaries and the interests of the respective beneficiaries, and shall be signed by all of the beneficiaries. 9. Resignation of Trustee. Any Trustee hereunder may resign by written instrument signed and acknowledged in proper form for record- ing by such resigning Trustee and delivered to the beneficiaries and the other Trustees, and recorded in the Registry of Deeds in which this Trust instrument is recorded, and such resignation shall be effective upon the recording of the instrument of resignation. 10. Successor Trustees. Successor Trustees, and additional Co-Trustees, may be appointed, an any Trustee may be removed, by an instrument or a� -4- Bou 7767 we 132 instruments in writing signed by all of the then Trustees, provided . in each case that such instrument or instruments, or a Certificate by any Trustee naming the Trustee or the Trustees appointed or removed, and in the case of any appointment, the acceptance in writing by any Trustee or Trustees so appointed, shall be recorded in the Registry of Deeds in which this Trust instrument is recorded. No such appoint- ment or removal shall be effective until the recording of the instru- ment or instruments of appointment, or removal, as the case may be, or a Certificate thereof, and in the case of any appointment, the accept- ance of any Trustee or Trustees so appointed. Upon the appointment of any succeeding or additional Co-Trustee, title to the Trust estate shall thereupon without the necessity of any other instrument, convey- i ance or transfer, be vested in such additional or succeeding Trustee jointly with the remaining or other Trustee or Trustees, if any. Each succeeding Trustee shall have all the rights,powers, authority, priv- ileges and immunities as the original Trustees hereunder. No Trustee shall be required to furnish any bond. 11. Alteration: Amendment. This Trust may be altered and amended from time to time by an instrument in writing signed by the then Trustee (or all of the Trustees if more than one) and all of the then beneficiaries and acknowledged in proper form for recording. The Trustee shall then record said alteration or amendment, or a Certificate of the substance thereof with the Registry of Deeds in which this Trust instrument is recorded, and any person dealing with the Trust property or any Trustee may rely fully and without further inquiry upon such a Certificate so recorded, and such certificate need not name the beneficiaries hereof. No such alteration or amendment shall be effective until such alteration or amendment, or a Certificate of the substance thereof, as provided in the foregoing two sentences, shall be recorded in the Registry of Deeds in which this Trust instruemnt is recorded. 12. Liabilityof Trustee. No Trustee hereunder shall be liable for any error of judgment nor for any loss arising out of any act or omission to act in good faith, or for any act of any Co-Trustee or preceding Trustee, but each Trustee hereunder shall be responsible only for his own unlawful breach of Trust. No license of Court shall be requisite to the validity of any transaction entered into by the Trustee. 13. Agreements; Leases. Every agreement, lease, sublease, deed, mortgage, assignment, check, draft, withdrawal order, note, contract or other instrument executed by all of the persons appearing from the records of the Registry of Deeds in which this Trust instrument is re- corded, to be all of the then Trustees hereunder (or the sole Trustee, if at that time there shall be only one Trustee) shall be conclusive in favor of every person relying thereon or claiming thereunder, that at the time of the delivery of such instrument this Trust was in full force and effect, and that the execution, sealing, acknowledgement and delivery thereof was duly directed by all of the beneficiaries hereunder subject to the provisions of this Trust, and such agreement, lease, sub- i lease, deed, mortgage, assignment, check, draft, withdrawal order, note, contract or other instrument need not name the beneficiaries hereof. o _ left eoc�7767 ►acr 133 Any and all instruments altering, amending, or adding to the Trust • or termination or revoking this Trust, or appointing additional or Co-Trustees, or in which a Trustee resigns, or otherwise affecting this Trust or this Trust instrument, shall be recorded in the Registry of Deeds in which this Trust instrument is recorded and until so recorded, such instruments shall be ineffectual. ERECUTED AS AN 1NSTRUMMT UNDER SEAL at Hyannis, Barnstable County, p Massachusetts this j?tTt day of , 1991. Signed in the presence of: SAVVAS L. 2APOU 1DlS Trustee ae aforesaid COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, as , 1991 Then personally appeared the above named SAWAS L. ZAPOUNIDj,S}y''.�,f,,! Trustee as aforesaid and acknowledged the foregoing instrument':t,E'SS be his free act and deed as Trustee before me. My commission expipee::.Q /�/ t,+j� a �',1• $�t��V' . 0` sou 7767 ME D4 i , • ACCLPTANCL OF OFFICL OF TRUSTLL �h 1, SAVVAS L. 2,APOUNIDIS, do hereby accept the office of Trustee of the SAM RLALTY TRUST. �1�S L.ZAPOUKDIS, Trustee SAM RLALTY TRUST COMMONWLALTH OF MASSACHUSLTTS BARNSTABLL, as /;�-V a/, 199x Then personally appeared the above named, SAVVAS L.LAPOUN* , and acknowledged the foregoing ins!. +>Lnt to be his free gct�ar deed, before me, Y P C Commi sioh expires i, • J�' �q°.' ' `.f.. � ;,��7Y it C•��++ CA I ' Ij i REGQi��EQ NOV zz 91': � � — � ' �� o _ _ _ 1 29 i 3 F3d 19 Ouber v. Guarino I Open Jurist Page 1 of 9 L• � fi r s Home 293 F3d 19 Ouber v. Guarino 293 F.3d 19 Barbara OUBER,Petitioner,Appellee, V. Barbara GUARINO,Respondent,Appellant. No. 01-2390. United States Court of Appeals, First Circuit. Heard April 4,2002. Decided June 17,2002. Linda A.Wagner,Assistant Attorney General,Commonwealth of Massachusetts,with whom Thomas F.Reilly,Attorney General,was on brief,for appellant. John Updegraph,with whom John Andrews, Robert M.Strasnick,and Andrews&Koufman,LLC,were on brief,for appellee. Before SELYA,Circuit Judge,STAHL,Senior Circuit Judge,and LYNCH,Circuit Judge. SELYA,Circuit Judge. After a Massachusetts jury convicted petitioner-appellee Barbara Ouber on a drug-trafficking charge,she exhausted her state-court remedies and then sought habeas corpus relief in the federal district court.That court granted the writ.The Commonwealth's ensuing appeal raises nuanced questions concerning the interplay between the proper resolution of claims asserting ineffective assistance of counsel and the deferential standard of review imposed upon federal habeas courts by the Antiterrorism and Effective Death Penalty Act(AEDPA),Pub.L. No. 104-132,110 Stat. 1214(1996).Although our reasoning differs significantly from the district court's as to the prejudice component of the ineffective assistance test,we agree that habeas relief is appropriate in the unique circumstances of this case. I. BACKGROUND To put matters into perspective,we recount the background facts,the case's procedural history,the genesis of the petitioner's conviction(including a precis of the evidence adduced at trial),and what transpired thereafter. The petitioner and her brother(Nick Tsoleridas)resided at 9 Beth Lane in Hyannis,Massachusetts.On January 25, 1992,Todd Shea,an undercover narcotics agent,accompanied by a confidential informant(CI),went to that address.Tsoleridas greeted them.He and the CI then went into the house. Shea was told to wait in the car. The CI emerged alone. He and Shea waited for Tsoleridas(a suspected drug dealer).After some time had elapsed,the two men grew Impatient and approached the front door.The petitioner was standing just inside the entrance and Tsoleridas was descending from upstairs.Shea said something to the effect that he wanted to look at"the package"before turning over any money.Tsoleridas escorted his visitors outside,saying that he did not want to "deal"in the house.After the three men drove a short distance,Tsoleridas sold Shea an ounce of cocaine for$1,100.He also gave Shea his cell phone number and told him that he could supply much larger quantities. Tsoleridas delivered comparable amounts of cocaine to Shea on February 19 and March 2.At approximately 4:40 p.m.on March 8,Shea called Tsoleridas and indicated that he wished to purchase ten ounces of cocaine.Tsoleridas tried to persuade Shea to come to Boston to consummate the transaction.When Shea demurred,Tsoleridas offered to supply two ounces to tide him over,and told him to come to the parking lot of Bud's Country Lounge in Hyannis where Tsoleridas's sister would exchange the drugs for$2,000. Shea testified that the transaction occurred as follows.He reached the parking lot at the appointed time.He saw the petitioner arrive,driving a Toyota. When he entered the passengers'side of the Toyota,the petitioner identified herself as Tsoleridas's sister and handed him two sealed envelopes.Shea asked if this was the same"coke"as before and if the envelopes aggregated the agreed quantity.After receiving an affirmative response,he gave the petitioner$2,000.She counted the money and dropped the bills on the floor of the Toyota.Meanwhile Shea broke the seals,withdrew a clear plastic bag from inside each envelope,and inspected the contents.He then debarked,entered his own vehicle,and departed with the contraband. At the time of the transaction,the parking lot was deserted except for two law enforcement officers who were observing from a distance.They saw very little.One of them testified,however,that he watched the Toyota enter the parking lot and leave a few minutes after Shea exited the vehicle. On March 13,Tsoleridas sold Shea the ten ounces of cocaine that Shea had"ordered."Shortly thereafter,the authorities searched the house at 9 Beth Lane and found drugs,large sums of cash,and drugrelated paraphernalia.The petitioner was present during the search.When she asked to see the warrant,however,the officers claimed to have lost it. http://openjurist.org/293/fad/19/ouber-v-guarino 5/5/2010 293 F3d 19 Ouber v. Guarino I Open Jurist Page 2 of 9 t A Barnstable County grand jury subsequently indicted both Tsoleridas and the petitioner for trafficking in cocaine.See Mass.Gen.Laws ch.94C,§32E (b).The petitioner was tried on a single charge,based upon her alleged complicity in the March 8 transaction.She stood trial alone(Tsoleridas having fled the country).Shea and the petitioner were the main witnesses,and they gave sharply conflicting accounts as to what had occurred inside the Toyota. Shea's testimony was along the lines described above.The petitioner,however,testified that she knew nothing of the drugs,but had been coerced by her brother into doing what she thought was a non-drug-related errand for him.Her version of what happened in the Toyota differed from Shea's in no fewer than four crucial respects.She denied having handed Shea the envelopes,saying that he removed them from the right front seat.She also denied that she and Shea had the conversation he described(or any conversation relating,directly or indirectly,to cocaine).She denied that she counted the money,instead saying that Shea threw it at her(with the result that the bills fluttered to the floor of the Toyota).And,finally,she denied that Shea opened the envelopes or inspected their contents in her presence. To buttress this account,the defense presented the testimony of the petitioner's friend,Patricia Gisleson.Gisleson testified that she was at the petitioner's home on March 8 and overheard Tsoleridas and the petitioner arguing.Tsoleridas wanted her to deliver two envelopes for him.After the petitioner succumbed to Tsoleridas's bullying,Gisleson helped to move the petitioner's Toyota out of the garage.In the process,she noticed that Tsoleridas had placed two sealed envelopes on the front passenger's seat.The petitioner then drove away.Gisleson was still at 9 Beth Lane when the petitioner returned.The petitioner seemed very upset. Due to the fact that the search party had been unable to display a warrant,a suppression order issued.Thus,the Commonwealth could not introduce the evidence seized in the house search during its case in chief.After the petitioner testified,however,the trial justice allowed the Commonwealth to introduce that evidence for impeachment purposes. Following arguments of counsel and the court's charge,the jurors could not reach agreement and the trial justice declared a mistrial. The Commonwealth elected to retry the petitioner.Much the same proof scenario obtained at the second trial,except that Gisleson's testimony was much more detailed.She stated,inter alia,that Tsoleridas had slapped the petitioner when she Initially refused to do his bidding.She also elaborated on the reason that Tsoleridas gave for wanting the petitioner to run the errand:the man she was to meet owed him money,and she was to give the man some drill bits and collect$2,000.Then,too,Gisleson volunteered that the petitioner had told her that,when she met Shea,he had thrown the money at her.Despite Gisleson's more expansive testimony,the jury deadlocked once again. This brings us to the third trial.Because of their relationship to the issues on appeal,we describe the events that played out during this trial in greater detail. As the third trial began,I the petitioner's counsel—the selfsame lawyer who had represented her at the two earlier trial—selected to deliver his opening statement on the heels of the prosecutor's opening.In the course of this statement,the lawyer promised—not once,but four times—that the petitioner would testify.In the bargain,the lawyer emphasized the importance of this testimony.He pointed out that the case revolved around the petitioner's knowledge(or lack of knowledge)that the envelopes delivered to Shea contained cocaine,and that her version of the relevant events— particularly those that transpired in the car—was very different from Shea's.Counsel's peroration drove home these points. He told the jurors: The case is going to come down to what happened in that car and what your findings are as you listen to the credibility and the testimony of Todd Shea versus what you[r]findings are as you listen to the testimony of Barbara Ouber. ....You're going to hear a difference of opinion as to whether[the envelopes]were handed to Mr.Shea,whether he opened them in front of her;and as to the conversation. And you're going to have to decide the truth and veracity of those two witnesses;and that will be your ultimate decision in this case. As in the earlier trials,the Commonwealth's case in chief hinged on Shea's testimony.His direct examination yielded the version of the transaction described above.On cross-examination defense counsel brought out a few inconsistencies(e.g.,that Shea originally had claimed that the envelopes were unsealed when he received them whereas he now admitted that they were sealed).Defense counsel also attempted to show that Tsoleridas's actions on the occasion of Shea's first visit to 9 Beth Lane indicated that Tsoleridas was trying to conceal his drug trafficking from the petitioner. Up to a point,the defense case seemed similar to that presented in the previous trials.The defense paraded a large number of character witnesses before the jury,including an Eastern Orthodox bishop and several priests from the petitioner's community.These witnesses were unanimous in attesting to the petitioner's good character and reputation for veracity.A number of them did double duty,declaring that Tsoleridas was abusive and domineering insofar as his sister was concerned.Gisleson also testified along the same lines as at the second trial—although she again added new details.These embellishments included testimony that Tsoleridas had threatened to kill the petitioner if she did not go to meet Shea;that the petitioner told Gisleson, after she returned,that the man she met had tried to get her to enter is vehicle; and that the petitioner never touched the envelopes.2 The trial then veered dramatically from the previous Iterations.Although the petitioner had testified in both of the earlier trials,this time around the defense tested without calling her as a witness.Closing arguments followed.In his summation,the petitioner's attorney apologized for not presenting more of a case"as he had promised,but opined that elements of Shea's and Gisleson's testimony supported a claim that the petitioner lacked knowledge of the envelopes'contents.The prosecutor responded that Shea's testimony,taken as a whole,showed that the petitioner was fully aware that the envelopes contained cocaine,and that there was no reason to doubt his credibility.The prosecutor contrasted this testimony with Gisleson's,which,he argued,had been tailored to protect the petitioner. Jury deliberations began that afternoon,but court adjourned without a verdict.Deliberations resumed the next morning.Sounding a familiar refrain,the jurors soon reported that they were deadlocked.The trial justice urged them to deliberate further,giving them a supplemental instruction based on Commonwealth v.Rodriquez, 364 Mass.87,300 N.E.2d 192,202-03(Mass.1973)(suggesting suitable language for a"dynamite"charge).Later that day, the jury found the petitioner guilty as charged. http://openjurist.org/293/fad/19/ouber-v-guarino 5/5/2010 293 F3d 19 Ouber v. Guarino I Open Jurist Page 3 of 9 t The petitioner moved for a new trial based on ineffectiveness of counsel.To understand the etiology of that claim,we must explore the genesis of the petitioner's decision not to testify.We glean the relevant facts,as did the state courts,primarily from affidavits submitted by the petitioner and her trial attorney in support of the ineffectiveness of counsel claim. The third trial lasted only two days.According to the lawyer,he first focused on the possibility of withholding the petitioner's testimony on the evening of the first day(after the Commonwealth had rested).A discussion took place in which several priests and other friends of the petitioner participated.The petitioner apparently wanted to testify,but the lawyer persuaded her that it would be In her best interest not to do So.3 The following day,the lawyer conferred privately with the petitioner,but on the record(i.e.,in the presence of a court reporter),so that the petitioner could confirm that she had decided not to testify.The affidavits and the record of that lobby conference make clear,however,that counsel's earlier promises to the jury were not discussed,and that the petitioner was never advised that her decision to refrain from testifying might be counterproductive in light of those promises.This confluence of factors—the decision to withhold the petitioner's testimony after having emphasized its Importance and having repeatedly promised the jurors that they would hear it—constituted the essence of the petitioner's ineffective assistance claim. The state courts were unreceptive to the petitioner's plea.The trial justice denied the motion for a new trial,and the Massachusetts Appeals Court affirmed the trial justice's order.See Commonwealth v.Ouber,46 Mass.App.Ct.1112,707 N.E.2d 408(Mass.App.Ct.1999)(table).The appellate court concluded that the petitioner's lawyer approached the question of whether she should testify"cautiously"and advised her to remain silent because she likely would suffer grievously in cross-examination.Because the attorney was"working with an intrinsically weak defense,"the court,applying the test articulated in Commonwealth v.Saferian,366 Mass.89,315 N.E.2d 878,882-83(Mass.1974),found his performance constitutionally acceptable.As a fallback,the court observed that the attorney's advice did not prejudice the petitioner because the evidence against her was solid and the jury had been instructed not to draw a negative inference from her silence.The court made only a passing reference to the promises contained in counsel's opening statement,characterizing them as neither"dramatic"nor"memorable."The court added that,when the petitioner decided not to testify,she knew what the consequences would be because she had been through two trials and"[ajn inference about the jury's possible attitude would not be remote or difficult." In due course,the Massachusetts Supreme Judicial Court(SIC)denied further appellate review.Commonwealth v. Ouber,429 Mass. 1104,709 N.E.2d 1120(Mass. 1999)(table).The petitioner then repaired to the federal district court and prosecuted an application for a writ of habeas corpus against the appropriate state correctional official.See 28 U.S.C.§2254.The district court found the Appeals Cout's decision to be an unreasonable application of the standard articulated in Strickland v. Washington,466 U.S.668,687,104 S.Ct.2052,80 L.Ed.2d 674(1984).See Ouber v. Guarino,158 F.Supp.2d 135, 149(D.Mass.2001).In the district court's view,the state court Improperly focused on a peripheral matter—whether the petitioner was(or was not)fully informed about her right to testify when she decided to remain silent-and brushed aside the critical error in professional judgment: making a promise to the jury and then breaking it.Id. at 150.The court found it unreasonable that the Appeals Court did not evaluate the attorney's advice in light of the initial promises that had been communicated to the jury.Id. at 153.On this basis,the court concluded that the lawyer's actions fell below the Strickland benchmark and that the state court's application of Strickland's performance prong was unreasonable.Id.at 154.To cap matters,the court found that the state court had applied the wrong test as to prejudice and concluded that prejudice should be presumed in this case.See id. at 155.The court then went a step further and found,in the alternative,that the lawyer's error was outcome-determinative.Id. at 155-56. Consistent with these findings,the district court ordered the petitioner relieved from her sentence unless the Commonwealth vacated her conviction and afforded her a new trial within a stipulated time frame.See id.at 156.This appeal ensued.The petitioner has remained free on bail pending the outcome of the habeas proceeding. II.THE LEGAL FRAMEWORK As said,this appeal turns on the interplay between the constitutional standard articulated in Strickland and the limited review permitted by the AEDPA in habeas cases.We comment on each of these elements. A.The Strickland Doctrine. The controlling principles for deciding ineffective assistance of counsel claims are limned in Strickland. Under these principles,a defendant alleging ineffective assistance of counsel must establish two elements in order to prevail: First,the defendant must show that counsel's performance was deficient.This requires showing that counsel made errors so serious that counsel was not functioning as the"counsel"guaranteed the defendant by the Sixth Amendment.Second,the defendant must show that the deficient performance prejudiced the defense. Strickland,466 U.S.at 687,104 S.Ct.2052. As to the first element,"[j)udicial scrutiny of counsel's performance must be highly deferential."Id.at 689, 104 S.Ct. 2052.The practice of law is not a mechanical exercise(like,say,kicking a foot press),and an inquiring court must leave ample room for variations in professional judgment.See id. By like token,a reviewing court must not lean too heavily on hindsight:a lawyer's acts and omissions must be judged on the basis of what he knew,or should have known,at the time his tactical choices were made and implemented.Bell v.Cone, 535 U.S._,122 S.Ct. 1843,1854, 152 L.Ed.2d 914(2002); United States v.Natanel,938 F.2d 302,309(1st Cir.1991).Only if,"in light of all the circumstances,the[alleged)acts or omissions of counsel were outside the wide range of professionally competent assistance,"can a finding of deficient performance ensue.Strickland,466 U.S.at 690, 104 S.Ct. 2052. The second Strickland element ensures that,even if a lawyer's performance is constitutionally unacceptable,relief will be withheld unless the quondam client has demonstrated that"there is a reasonable probability that,but for counsel's unprofessional errors,the result of the proceeding would have been different."Id. at 694, 104 S.Ct.2052.While this level of prejudice may be presumed in a few settings,id. at 692,104 S.Ct.2052,that is the exception, not the rule.For the most part,the petitioner must carry the devoir of persuasion and prove that he was prejudiced,i.e.,that his attorney's parlous conduct may have altered the outcome of the case.See Smith v.Robbins, 528 U.S.259,285-86, 120 S.Ct.746, 145 L.Ed.2d 756(2000).In this regard, we caution that,although the possibility of a different out-come must be substantial in order to establish prejudice, it may be less than fifty percent.See Strickland,466 U.S.at 693, 104 S.Ct.2052(explaining that"a defendant need not show that counsel's deficient conduct more likely than not altered the outcome in the case"). http://openjurist.org/293/fad/19/ouber-v-guarino 5/5/2010 293 F3d 19 Ouber v. Guarino I Open Jurist Page 4 of 9 B.The AEDPA Standard. Under the AEDPA,a federal court may grant habeas relief to a state prisoner only if the state court adjudication (1)resulted in a decision that was contrary to,or Involved an unreasonable application of,clearly established Federal law,as determined by the Supreme Court of the United States;or (2)resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. 28 U.S.C.§2254(d). A state-court decision fits within the"contrary to"rubric if the state court either applies a legal rule that contradicts an established Supreme Court precedent or reaches a different result on facts materially indistinguishable from those of a controlling Supreme Court precedent. Williams v. Taylor, 529 U.S.362,405-06, 120 S.Ct. 1495, 146 L.Ed.2d 389(2000).Where a relevant but not factually congruent precedent exists,the state court need only apply a test consistent with the one announced by the Supreme Court in order to avoid the toils of section 2254(d)(1)'s"contrary to"clause. The"unreasonable application"component of section 2254(d)(1)comes into play when the state court identifies the correct legal principle, but unreasonably applies that principle to the facts of the prisoner's case. Williams, 529 U.S.at 407-08, 120 S.Ct. 1495.The"unreasonable application"clause also encompasses situations in which a state court either unreasonably extends a legal principle derived from Supreme Court precedent to an inappropriate context or unreasonably refuses to extend that principle to an appropriate context.Id.In all events,a state-court decision must be unreasonable,as opposed to merely incorrect,before a federal court can grant habeas relief.Id.at 410,120 S.Ct. 1495. The AEDPA also requires that the relevant legal rule be clearly established in a Supreme Court holding,rather than in dictum or in holdings of lower federal courts.Id. at 412, 120 S.Ct. 1495.This does not mean,however,that other federal court decisions are wholly irrelevant to the reasonableness determination."To the extent that inferior federal courts have decided factually similar cases,reference to those decisions is appropriate in assessing the reasonableness vel non of the state court's treatment of the contested issue."O'Brien v. Dubois, 145 F.3d 16,25(1st Cir.1998).Reference to such cases may be especially helpful when the governing Supreme Court precedent articulates a broad principle that applies to a wide variety of factual patterns. So it is here.The Strickland principles for deciding ineffective assistance of counsel claims are"clearly established"for purposes of the AEDPA.See Williams, 529 U.S.at 371-74, 120 S.Ct. 1495.Because the Supreme Court has yet to adopt more particularized guidelines for Ineffectiveness of counsel claims,it is helpful to examine precedents from lower federal courts to determine how the general standard applies to a particular set of facts.Although such decisions are not themselves binding on a state court under the AEDPA framework,see id. at 412, 120 S.Ct. 1495,resort to them is appropriate for the purpose of discerning the requirements of Strickland in factually similar cases.See Mounhby v. Warden,N.H.State Prison,245 F.3d 31,35-36(1st Cir.2001). Another category of state-court errors that may be remedied on federal habeas review involves unreasonable determinations of fact.See 28 U.S.C.§ 2254(d)(2).Under this standard,the state court's factual findings are entitled to a presumption of correctness that can be rebutted only by clear and convincing evidence to the contrary.Mastracchio v. Vose,274 F.3d 590,597-98(1st Cir.2001). But the special prophylaxis of section 2254(d)(2)applies only to determinations of"basic, primary,or historical facts."Sanna v.Dipaolo,265 F.3d 1,7(1st Cir.2001).Inferences,characterizations of the facts, and mixed fact/law conclusions are more appropriately analyzed under the"unreasonable application"prong of section 2254(d)(1).Cf. Townsend v.Sain, 372 U.S. 293,309 n.6,83 S.Ct.745,9 L.Ed.2d 770(1963)(stating that mixed questions of fact and law do not fall within the purview of section 2254(d) (2));Sanna,265 F.3d at 7(suggesting that only witness credibility and recitals of external events qualify as basic or primary facts for purposes of section 2254(d)(2)).Inasmuch as"both the performance and the prejudice components of the ineffectiveness inquiry are mixed questions of law and fact"for the purposes of federal habeas review,Strickland,466 U.S.at 698,104 S.Ct.2052,section 2254(d)(2)is of limited utility in this case. III.ANALYSIS Consistent with the Strickland paradigm,we divide our analysis into two parts: performance and prejudice. A.Performance. At the heart of this appeal lies a broken promise(or,more precisely put,a series of broken promises):defense counsel's repeated vow that the jurors would hear what happened from the petitioner herself.Thus,the error attributed to counsel consists of two inextricably intertwined events:the attorney's initial decision to present the petitioner's testimony as the centerpiece of the defense(and his serial announcement of that fact to the jury in his opening statement)in conjunction with his subsequent decision to advise the petitioner against testifying.Taken alone,each of these decisions may have fallen within the broad universe of acceptable professional judgments.Taken together,however,they are indefensible. Neither the state court nor the Commonwealth has managed to identify any benefit to be derived from such a decisional sequence,and we are unable to see the combination as part and parcel of a reasoned strategy.We therefore conclude that,in the absence of unforeseeable events forcing a change in strategy,the sequence constituted an error in professional judgment.Cf.Anderson v.Butler,858 F.2d 16,19(1st Cir.1988)(finding a mistake,rather than a strategic choice,where nothing could be gained from counsel's approach). This assessment does not end our inquiry.The complex dynamics of trial engender numerous missteps,but only the most inexcusable will support a finding that counsel's performance was so substandard as to compromise a defendant's Sixth Amendment right to proficient legal representation.See, e.g.,Nix v. Whiteside,475 U.S. 157, 164-65, 106 S.Ct.988,89 L.Ed.2d 123(1986)(quoting Strickland,466 U.S.at 687, 104 S.Ct.2052).To separate wheat from chaff—lapses of constitutional dimension from garden-variety bevues—we must assess the gravity of the error and then consider potential justifications for the attorney's actions,given what he knew or should have known at each relevant mo-ment in time.See Natanel, 938 F.2d at 309.And, finally, because this case comes to us on habeas review,we must examine the reasonableness of the state-court conclusion that counsel's performance was not constitutionally deficient.We turn to these Interrelated tasks. It is apodictic that a defendant cannot be compelled to testify in a criminal case,see U.S.Const.amend.V,and criminal juries routinely are admonished —as was the jury here—not to draw an adverse inference from a defendant's failure to testify.But the defendant has the right to testify in her own defense,and,when such testimony is proffered,the impact on the jury can hardly be overestimated.See Green v.United States, 365 U.S.30.1,304,81 S.Ct.653,5 L.Ed.2d 670(1961)("The most persuasive counsel may not be able to speak for a defendant as the defendant might,with halting eloquence, http://openjurist.org/293/f3d/19/ouber-v-guarino 5/5/2010 293 F3d 19 Ouber v. Guarino I Open Jurist Page 5 of 9 speak for himself.").When a jury is promised that it will hear the defendant's story from the defendant's own lips,and the defendant then reneges, common sense suggests that the course of trial may be profoundly altered.A broken promise of this magnitude taints both the lawyer who vouchsafed it and the client on whose behalf it was made. The Commonwealth argues that a defendant's decision about whether to invoke the right to remain silent is a strategic choice,requiring a balancing of risks and benefits.Under ordinary circumstances,that is true.It is easy to imagine that,on the eve of trial,a thoughtful lawyer may remain unsure as to whether to call the defendant as a witness.If such uncertainty exists,however,it is an abecedarian principle that the lawyer must exercise some degree of circumspection.Had the petitioner's counsel temporized—he was under no obligation to make an opening statement at all,much less to open before the prosecution presented its case,and,even if he chose to open,he most assuredly did not have to commit to calling his client as a witness—this would be a different case.See Phoenix v.Matesanz, 233 F.3d 77,85(1st Cir.2000)(finding no ineffectiveness where,in the absence of an express promise, counsel chose not to call a potentially important witness). Here,however,the circumstances were far from ordinary.The petitioner's counsel elected to make his opening statement at the earliest possible time. He did not hedge his bets,but,rather,acted as if he had no doubt about whether his client should testify.In the course of his opening statement,he promised,over and over,that the petitioner would testify and exhorted the jurors to draw their ultimate conclusions based on her credibility.In fine,the lawyer structured the entire defense around the prospect of the petitioner's testimony.4 In the end, however,the petitioner's testimony was not forthcoming.Despite the fact that the lawyer had called the petitioner to the stand in both prior trials,he did a complete about-face.The lawyer states in his affidavit that he only realized that keeping his client off the witness stand was an option after the first day of trial.This realization came much too late.Indeed,the attorney's delayed reaction is sharply reminiscent of the situation in Anderson,in which we observed that even"if it was...wise[not to have the witness testify]because of the damaging collateral evidence,it was inexcusable to have given the matter so little thought at the outset as to have made the opening promise."858 F.2d at 18. The Commonwealth argues that defense counsel's mid-trial decision should be excused as a justified reaction to unfolding events.The theoretical underpinnings for this argument are sound: unexpected developments sometimes may warrant changes in previously announced trial strategies.See, e.g.,Dutton v. Brown,812 F.2d 593, 598(loth Cir.1987).But although we cannot fault counsel for not guarding against the unforeseeable the case at hand does not fit that description.Here,everything went according to schedule;nothing occurred during the third trial that could have blindsided a reasonably competent attorney or justified a retreat from a promise previously made.After all,the petitioner's lawyer had represented her during two previous trials for the same offense;the prosecution's case in chief did not differ significantly at the third trial; and the situation that confronted the attorney when he changed his mind about the desirability of presenting the petitioner's testimony was no different from the situation that existed at a comparable stage of the earlier trials. The Commonwealth suggests that the tenor of Shea's testimony justified counsel's last-minute change of heart.Shea's testimony,it says,was stronger and more consistent this time around.The record belies this claim; it shows beyond hope of contradiction that the new wrinkles in Shea's testimony were of marginal significance.Some uncertainties were clarified on direct examination in preparation for the defense's cross-questioning,but this slight tightening-up of the prosecution's case should readily have been anticipated.What is more,even if Shea's testimony was less vulnerable than originally predicted,it remains a mystery why,in response to adverse evidence that proves stronger than expected,a lawyer should decide to abandon the only available avenue of controverting it. The Commonwealth has another arrow in its quiver: it asserts that,had the petitioner testified,she would have been heavily impeached(and,thus,the decision not to testify was a legitimate one).Because of the damaging evidence that was available for impeachment had the petitioner testified—the drugs and cash found in the search—this argument has a patina of plausibility.The difficulty,however,is that counsel knew of this sword of Damocles— the threat that the impeaching evidence would be introduced—when he made his opening statement.5 Indeed,that evidence was used to cross-examine the petitioner during the two prior trials,and counsel appeared ready,willing,and able to handle that contingency. The Commonwealth next argues that enough of the petitioner's story was presented through Gisleson that counsel reasonably could have advised the petitioner not to testify.This is little more than whistling past the graveyard.Gisleson was not present when Shea and the petitioner met on March 8,and so could only relate what she saw and heard before the petitioner left the house and after the petitioner returned.Thus,Gisleson's testimony,on its own, neither provided an adequate defense for the petitioner nor fulfilled the explicit promises made to the jury in the lawyer's opening statement.6 In all events,Gisleson had testified at each of the earlier trials,and defense counsel knew the substance of her testimony when he promised the jury that the petitioner would testify at the third trial.We add that,to the extent that Gisleson's testimony at the third trial contained variations from her two previous appearances as a witness,those variations do not change the calculus.Some of them—such as the more detailed account of her conversation with the petitioner after she(the petitioner)returned from the parking lot—were probably helpful to the defense,while others—such as her failure to explain that Tsoleridas often made his sister run errands related to his carpentry business—were perhaps detrimental.The inescapable fact,however,is that a witness's testimony is rarely identical two times running.Cf.Beachum v. Tansy,903 F.2d 1321,1326(loth Cir.1990)(noting that"uncertainties and minor variations[are]normal to the recollection of honest witnesses after lapse of time").Thus,the dispositive question must be whether,viewed as a whole,the testimony may be characterized as materially different.We think not: comparing Gisleson's testimony at the second and third trials,the differences are minor and amounted to neither a qualitative change nor an unexpected event justifying an abrupt switch in strategy. If more were needed—and we doubt that it is—the lawyer's about-face regarding the need for his client's testimony took place between the first and second day of trial.In other words,he changed his mind before Gisleson even testified.This,chronology erases any suspicion that differences in Gisleson's testimony may have prompted the reversal of strategy. The short of it is that,without exception,the events that occurred at the third trial should have been easily foreseeable to competent counsel at the time he made his opening statement.There were no surprises—and,thus,the lawyer's tergiversation could not be excused by changed circumstances. Compare,e.g.,Magill v.Dugger,824 F.2d 879,887-88(11th Cir. 1987)(finding ineffective assistance because counsel's strategy failed to account for foreseeable testimony),with Drake v. Clark, 14 F.3d 351,356(7th Cir.1994)(reaching the opposite conclusion when counsel's strategy was frustrated by an unforeseeable development). http://openjurist.org/293/fad/19/ouber-v-guarino 5/5/2010 293 F3d 19 Ouber v. Guarino I Open Jurist Page 6 of 9 Were we sitting in direct review,the foregoing analysis would lead us to find counsel's performance constitutionally unacceptable.In the exercise of habeas jurisdiction,however,we must take another step and evaluate the reasonableness of the Appeals Court's contrary conclusion.See 28 U.S.C.§ 2254(d)(1).Strickland constitutes the established Supreme Court precedent,and the state court purported to apply the functional equivalent of Strickland's performance prong.8 Because it did so—and because the facts of this case differ significantly from those of Strickland—this case does not fit within the confines of section 2254(d)(1)'s"contrary to"clause insofar as counsel's performance is concerned. Rather,the crux of the matter is whether the state court applied Strickland s performance standard in an objectively reasonable manner when it determined that the lawyer's performance did not fall below the constitutional minimum. We start this phase of our analysis with the text of the state-court decision.The state court first absolved the attorney from responsibility for failing to present the petitioner's testimony because the petitioner herself possessed enough sophistication to make such a decision.This determination misses the point of the petitioner's constitutional claim.While a decision about whether to testify ultimately rests with the defendant,see Rock v.Arkansas,483 U.S. 44,49-53,107 S.Ct. 2704,97 L.Ed.2d 37(1987),a defendant's waiver of the right to testify must be knowing,informed,and intelligent.This implies an understanding of the consequences of the decision.See United States v. Manjarrez,258 F.3d 618,623-24(7th Cir.2001).Yet,the affidavits of both the petitioner and her trial counsel make it clear that she was not informed about the potential impact that the broken promises might have on the jury should she decide not to testify. A second problem with the state-court decision lies in its characterization of defense counsel's approach in his opening statement.Despite the unambiguous,emphatic,and oft-repeated comments regarding both the imminence and the salience of the petitioner's testimony,the state court asserted that"counsel approached cautiously the question of[the petitioner]testifying."Here,however,the record makes manifest that trial counsel's approach to the question of calling the petitioner as a witness—making an unconditional promise,repeating it four times over,and then breaking it without justification—was the antithesis of caution.Because the state-court's characterization is not borne out by any plausible reading of the record,we deem it unreasonable.See O'Brien, 145 F.3d at 25(stating that if a state-court determination is devoid of record support,it fits within the"unreasonable application"prong of section 2254(d)(1)). Finally,the state court offered only a single reason why counsel might legitimately have changed his mind about calling the petitioner to the witness stand,namely,that the barbed cross-examination of Gisleson intimated that the petitioner would undergo an even fiercer attack.That hypothesis does not withstand scrutiny.For one thing,counsel reversed course before Gisleson testified.For another thing,the Commonwealth's strongest attack on Gisleson relied on her knowledge of the suppressed evidence.Because Gisleson's cross-examination put some of that same information before the jury,see supra note 2,her testimony actually removed part of the rationale for not putting the petitioner on the witness stand.In other respects,Gisleson's testimony was no more severely impeached than in the previous trials—trials in which both Gisleson and the petitioner had testified and had held their own under withering cross-examination.At the very least,the petitioner's counsel should have anticipated the ferocity of potential cross-examination when he was deciding what to tell the jury in his opening statement.The Appeals Court's attempted justification is,therefore,plainly insupportable. To sum up,counsel committed an obvious error,without any semblance of a colorable excuse.There is simply no record support for the state court's finding that the attorney's conduct constituted a reasonable strategic choice.To the contrary,the only sensible conclusion that can be drawn from this record is that the attorney's performance was constitutionally deficient under Strickland—and severely so.We hold,therefore,that the state-court finding on this point constituted an unreasonable application of the Strickland performance prong. S.Prejudice. The remaining issue involves the state court's determination that counsel's performance,even if constitutionally deficient,did not prejudice the petitioner.The district court found fault with the state court's application of Commonwealth v.Saferian,supra,positing that,insofar as prejudice is concerned,Saferian articulates a standard contrary to Strickland.Ouber, 158 F.Supp.2d at 154(arguing that Saferian concentrates on whether counsel's mistake deprived the accused of a substantial ground of defense rather than whether the mistake altered the outcome of the trial).We disagree with this assessment. Although Strickland and Saferian do not employ identical phraseology,we have described those variations as"minor"and have concluded that,for habeas purposes,Saferian is a functional equivalent of Strickland.Scarpa,38 F.3d at 7-8.That is the law of the circuit.Moreover,that interpretation squares with the relevant Massachusetts case law.While Saferian predated Strickland,the SIC since has concluded that Saferian is at least as solicitous of Sixth Amendment rights as Strickland.See Commonwealth v.Urena,417 Mass.692,632 N.E.2d 1200,1202(Mass.1994); Commonwealth v.Fuller, 394 Mass. 251,475 N.E.2d 381,385 n.3(Mass.1985).In light of these precedents,we are unable to sustain the district court's conclusion that Saferian runs contrary to Strickland(and,thus,that the Appeals Court's decision is contrary to settled Supreme Court case law). The district court committed another error when it ruled that the state court's"no prejudice"decision was unreasonable because prejudice must be presumed when an attorney Inexcusably fails to carry out an announced promise to present an important witness.Ouber, 158 F.Supp.2d at 155.To the extent that the district court meant that the prejudice inquiry demanded by Strickland is superfluous in such a case,that holding is not grounded in any established Supreme Court precedent.To the contrary,the Court repeatedly has emphasized the limited nature of any exceptions to the general rule that a defendant must demonstrate actual prejudice.See Mickens v. Taylor,_U.S._,122 S.Ct. 1237,1246, 152 L.Ed.2d 291 (2002);Smith, 528 U.S.at 287,120 S.Ct. 7,46;Strickland,466 U.S.at 692,104 S.Ct.2052. As recently as May 28,2002,the Court reiterated that prejudice may be presumed only in three narrowly circumscribed situations.Bell, 122 S.Ct.at 1850. First,a trial is presumptively unfair if the accused is completely denied the presence of counsel at a critical stage of the proceedings.Id. (citing, inter alia,Hamilton v.Alabama, 368 U.S.52,54,82 S.Ct. 157,7 L.Ed.2d 114(1961)).Second,such a presumption is warranted if"counsel entirely fails to subject the prosecution's case to meaningful adversarial testing."Id.at 1851(quoting United States v. Cronic,466 U.S.648,659, 104 S.Ct.2039,80 L.Ed.2d 657(1984)).Third,prejudice may be presumed in the presence of circumstances under which a competent lawyer would likely not be able to render effective assistance.Id. (citing Powell v.Alabama, 287 U.S.45,53 S.Ct. 55,77 L.Ed. 158(1932)). In this case,the district court did not assert that any of these exceptions apply,and,in all events,the record would not support such an assertion. Instead,the district court appeared to read Anderson as carving out a new exception.Ouber, 158 F.Supp.2d at 154.Whether or not Anderson intended to do so is beside the point,since the weight of recent Supreme Court precedent is to the contrary,See,e.g.,Bell, 122 S.Ct.at 1850-51;Mickens,_U.S. http://openjurist.org/293/fad/19/ouber-v-guarino 5/5/2010 293 F3d 19 Ouber v. Guarino I Open Jurist Page 7 of 9 at_, 122 S.Ct.at 1246.We have heeded the Court's clear message in the past,e.g.,Scarpa, 38 F.3d at 11,and we are constrained to heed it here. Because the circumstances of this case do not fall within the contours of any of the three recognized exceptions to the Strickland formulation,a presumption of prejudice cannot be condoned. Setting the misplaced presumption to one side,we turn to the task of determining whether,on the facts of this case,the error was prejudicial.For this purpose,an error generally is considered prejudicial if there is a strong possibility that it affected the outcome of the trial.See Strickland,466 U.S.at 693 -94, 104 S.Ct.2052.Consequently,we must consider,on whole-record review,whether the trial might have ended differently absent the lawyer's blunder.This is normally a difficult endeavor,but we are aided here by a unique circumstance:this was the petitioner's third trial,and the only substantial difference among those trials relates to the omission of her testimony at the third trial.Thus,unlike in the vast majority of cases,we have actual rather than hypothetical reference points to guide our inquiry.i'o When the petitioner testified,two different juries found the prosecution's case so evanescent that they were unable to reach a verdict.Even without the petitioner's testimony,the jury in the third trial was deadlocked for a time.Given these facts,we are bound to conclude that the case was exceedingly close. In a borderline case,even a relatively small error is likely to tilt the decisional scales.See,e.g.,Frey v.Fulcomer,974 F.2d 348,369(3d Cir.1992).The error here—failing to present the promised testimony of an important witness—was not small,but monumental.See,e.g.,Anderson,858 F.2d at 18- 19;cf. United States v. Gonzalez-Maldonado, 115 F.3d 9,15(1st Cir.1997)(finding reversible error when the trial judge initially agreed that an important witness could testify,but later barred that witness from testifying).The net result of the failure to call the petitioner to the witness stand was that the jury heard only Shea's version of what transpired in the car.Yet,the petitioner's version would have been materially different with respect to certain critical aspects,such as whether Shea opened the envelopes in front of her and whether any verbal exchange regarding the contents(e.g.,the weight and quality of the cocaine)occurred.Because these contradictions were not introduced into evidence,the jury never had an opportunity to assess the conflicting testimony or to weigh the petitioner's credibility against Shea's.What is worse,counsel's belated decision not to present the petitioner's testimony sabotaged the bulk of his efforts prior to that time(and,in the process,undermined his own standing with the jury,thereby further diminishing the petitioner's chances of success).Because the error was egregious,we are fully persuaded that,but for its commission,a different outcome might well have eventuated.Accordingly,the case satisfies the prejudice prong of the Strickland framework. Under the AEDPA,an erroneous determination is not necessarily an unreasonable determination. Williams, 529 U.S.at 410, 120 S.Ct. 1495.Thus,it remains for us to address whether the state court's finding of no prejudice was not only incorrect but also unreasonable.The test is an objective one.See id.It focuses on the state court's ultimate conclusion rather than on the strength of the court's announced rationale.See Bui v.DiPaolo, 170 F.3d 232, 243-44(1st Cir.1999)(stating that"state courts are not required to supply the specific reasons that a federal court thinks are most persuasive for upholding the judgment"),cert.denied, 529 U.S. 1086, 120 S.Ct. 1717, 146 L.Ed.2d 640(2000);accord Hurtado v. Tucker,245 F.3d 7,19(1st Cir.), cert.denied,_,122 S.Ct.282, 151 L.Ed.2d 208(2001);O'Brien, 145 F.3d at 25.In other words,the hallmark of a reasonable determination is the result reached by the state court,not the ratiocination leading to that result. Here,the Massachusetts Appeals Court's"no prejudice"determination is not a credible outcome.That tribunal dealt with the question of prejudice vel non in a single paragraph,which reads: To omit to call a witness who has been promised can,of course,be a serious mistake,but whether it is such in any given case is dependent on the circumstances,as the law recognizes. [string citations omitted]The promise here was not made dramatically or memorably,as it was in(Anderson]. Counsel's apology in closing was brief and subdued.That the jury were not overcome by the unfulfilled promise is indicated by the fact that it took a [dynamite]charge to inspire the verdict.The verdict itself found solid support in the evidence.The judge charged against any invidious implication from the defendant's silence. As can be seen,this paragraph contains several assertions—but these assertions are either irrelevant or devoid of record support.We explain briefly. The state court opined that defense counsel's opening promises were not"dramatic"or"memorable."We find it hard to imagine,however,how the court could have reached that conclusion.The attorney made the promises explicitly and repeatedly.He also exhorted the jurors to base their ultimate decision on their collective assessment of the contrasting accounts that would be given by Shea and the petitioner,respectively.This call for a credibility judgment was the crowning element of the lawyer's opening statement and could not have failed to make an impression on the jury.The single promise in Anderson,858 F.2d at 17—a case in which counsel did not urge the jurors to rest their decision on the credibility of the witness who was promised but not produced—was certainly far less dramatic and memorable. The state court also implied that the alleged error was inconsequential because the jury initially deadlocked and therefore was not immediately overborne by the detrimental effect of the broken promises.This argument effectively assumes that because a blunder did not lead to a summary conviction,it was of negligible effect.We believe that such an assumption is unreasonable;the fact that the jury convicted the petitioner only after prolonged deliberations and a supplemental"dynamite"charge necessarily underscores the closeness of the case(and,therefore,the gravity of any error). The Appeals Court also posited that the petitioner's case was"intrinsically weak,"and that the jury's verdict rested on solid evidence.The court, however,did not buttress these conclusory statements with any specific findings,and they are belied by the record.Indeed,the very fact that the first two trials ended in hung juries is powerful proof that those statements are insupportable.At each of those trials,the evidence marshaled against the petitioner was so underwhelming that the jurors were unable to reach a decision.The state court failed to consider this fact,or to suggest why doing so might be unhelpful. The remaining factors mentioned by the Appeals Court bear little relevance to the prejudice inquiry.The fact that counsel's apology to the jury was "subdued"neither establishes the insignificance of the original promises nor palliates the effect of the mistake.The fact that the jury was advised not to draw a negative inference from the petitioner's failure to testify is likewise irrelevant;the attorney's mistake was not in invoking the petitioner's right to remain silent,but in"the totality of the opening and the failure to follow through."Anderson,858 F.2d at 17. http://openjurist.org/293/fad/19/ouber-v-guarino 5/5/2010 293 F3d 19 Ouber v. Guarino I Open Jurist Page 8 of 9 To sum up,this was the petitioner's third trial and the only salient difference between it and the two prior trials was the absence of her testimony.This time around,defense counsel made a promise,hammered It home,and then broke it.The first two trials,at which the petitioner testified,offer a prime example of how this trial likely would have ended in the absence of this stunning error.We believe that it was unreasonable for the state court not to have taken such obvious reference points into account.Had it done so,it would have been bound to conclude that the case was a close one in which counsel's egregious error was likely to have made a dispositive difference. That ends the matter.Since neither the state court's opinion nor our own careful perscrutation of the record reveals an objectively reasonable ground for the state court's"no prejudice"determination,we are constrained to set it aside. IV.CONCLUSION We need go ino further.Had the state court applied Strickland in an objectively reasonable manner,it would have been bound to conclude that defense counsel's abandonment of the oft-repeated promise that the petitioner would testify,enunciated in his opening statement,amounted to ineffective assistance of counsel in violation of the Sixth Amendment.The lawyer was intimately familiar with the case before he made this promise(having represented the petitioner In two prior trials on the same charges).Yet,he staked his client's defense on the strength of her testimony and then,with no discernible justification,changed his mind and decided that she should not testify.No significant change in circumstances occurred between the time of the lawyer's opening statement and the time of his about-face.This was a serious error in professional judgment,and the state court's contrary determination represented an unreasonable application of Strickland's performance prong. Here,moreover,the prior trials serve as a meaningful benchmark for determining the likelihood that the outcome of the third trial was affected by the lawyer's mistake.Those trials,neither of which was marred by the same error,produced results materially different from the one reached in the third trial. Yet,the state court inexplicably failed to undertake this comparative analysis.We conclude,therefore,that the state court's harmlessness determination represented an unreasonable application of Strickland's prejudice prong. For these reasons,we affirm the judgment of the district court.The petitioner shall be entitled to a writ of habeas corpus unless the Commonwealth affords her a new trial within the period prescribed. Affirmed. Notes: 1. The ground ales vis-a-vis the illegally seized evidence were essentially the same as for the first two trials,that is,the trial justice ruled that the Commonwealth could introduce evidence from the search only if the petitioner testified(and then,only for impeachment purposes) 2 During the second trial,the defense,apparently anticipating that the previously suppressed evidence garnered during the warrantless search would be used to impeach the petitioner,brought out some information concerning that evidence on Gisleson's direct examination.During the third trial,defense counsel spurned this tactic,but the prosecution was able to bring before the jury,in the course of Gisleson's cross-examination,essentially the same information 3 The priests assisted in this endeavor,but the petitioner claims,without contradiction,that the priests were merely advocating for the position that the lawyer espoused i Counsel's subsequent actions reinforced this perception.He called twenty-four character witnesses who testified as to the petitioner's reputation for veracity.This procession set the stage for her testimony by enhancing her credibility.When she did not testify,this stage-setting quite likely intensified the negative impact on the jury s The fact of the matter is that the lawyer alluded to the evidence that would be adduced for impeachment purposes in his opening statement,cautioning the jury to keep in mind that such evidence would be admitted only for a limited purpose ii To be sure,Gisleson related some of what the petitioner allegedly had told her about the events that occurred in the parking lot.Her testimony,however,failed to contradict Shea's on three crucial issues:whether there was any conversation regarding the contents of the envelopes,whether he opened the envelopes in front of the petitioner,and whether the latter counted the money in his presence.At any rate,Gisleson's testimony about the petitioner's statements was rank hearsay,and did not afford the factfinders an opportunity to see and hear the petitioner's detailed,first-hand account of the transaction 7 This conclusion is also buttressed by defense counsel's summation to the jury in which he made light of the added details in Gisleson's testimony 8 Although the state court did not refer toStrickland by name,it applied a similar standard articulated in Saferian,315 N.E.2d at 882-83.We have indicated that the Saferian stancard is roughly equivalent to the Strickland standard,see Scarpa,38 F.3d at 7-8,and the Massachusetts courts have noted that Saferian is at least as favorable to the defendant as Strickland,see,e.g.,Commonwealth v.Fuller,394 Mass.251,475 N.E.2d 381,385 n.3(Mass.1985).Thus,the state court applied a constitutionally proper performance standard(and,accordingly,the state-court decision is not"contrary to"clearly established Supreme Court precedent). We add,moreover,that if the attorney improperly counseled his client to eschew appearing as a witness after having promised the jury that she would testify,the fact that the client"voluntarily"embraced this erroneous advice seems insufficient to palliate the constitutional effects of the attorney's error.But we need not probe this point too deeply,as the Commonwealth has made no developed argument to the effect that the petitioner's independent choice forecloses the ineffective assistance claimSee United States v.Zannino,895 F.2d 1,17(1st Cir.1990)(noting that"issues...,unaccompanied by some effort at developed argumentation,are deemed waived"). t0 We caution that the likelihood of a different outcome may not always be synonymous with prejudiceSee Strickland,466 U.S.at 695,104 S.Ct.2052(noting that when acquittal would be likely only because of improper collateral considerations a defendant should not reap the benefit of a new trial).That caveat is not applicable in this instance. 293 F.3d http://openjurist.org/293/fad/19/ouber-v-guarino 5/5/2010 t Town of Barnstable *Permit#Q ( I Z � �� - ryeev the jry�t.i�cue date Regulatory Services VF1 • �""� R IT Thomas F.Geiler,Director 2010 Building Division TOWS ®�[�A(��5�-A�L� Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.bamstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint - Map/parcelNumber Property Address 9` 31241 L n, r— ❑Residential Value of Work .Oo Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address ��,o,n; �.S 9PA 6 &Sf Contractor's Name Sid Telephone Number 2Z t- Sat `79P5 Home Improvement Contractor License#(if applicable) c l7(; 9A Construction Supervisor's License#(if applicable) �(a ❑Workman's Compensation Insurance Check one: I am a sole proprietor ❑ I am the Homeowner ❑ I have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy# 0 A Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) ❑ Re-roof(stripping old shingles).All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roof) [� Re-side #of doors ❑ Replacement Windows/doors/sliders.U-Value (maximum.44)#of windows 'Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License_ &Construction Supervisors License is required. SIGNATURE: C:\Users\decollik\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outiook\4STGU5QO\EXPRESS.doc Revised 090809 ,;vex f >.y I lAyr- ..�. J :.X, individul use only License or registration valid for Lic expiration date. If found return to; Office of Consumer Affairs&Business Regulation before the exp ulation 7 CONTRACTOR Office of Consumer Affairs and19j Business Reg l0 ParkPlaza-Suite 5170 HOME IMPROVEMENT A 02116 Registration `14Z624 Try ,289600 Boston,M . 7%2512�019, . XP is dual T r t 1! YPe.i� � iA . SAM NAOOM i ,& J SAMUEL NA00 � /r g -� nature l Not valid without signature x 102 CAPAN CROSBY RD;1f� Undersecretary +F , CENTERVILLE,MA 62632 7-1 '4t a } ✓JZ� vQ'h7/II2077.C(1 G r Board of Building,Regulationss and Standards �! Construction Supervisor License '� Lice se -,CS 96833. i � Y I. � : .. s Expiration 11�'0/2010 Tr#. 96833 i Restnction� 0 t� SAMUEL NAOOM\ '`' / 531 COTUIT ROAD�'� MASHPEE,MA 02649 Commissioner J i The Commonwealth ofNlassachusetts Department of Industrial Accidents. Office oflnvestigations dOO Washington Street Boston, MA 02111 y fv3vw.mass.gov/din Workers' Compensation Insurance Affidavit- Build ers/Contractors/Elect'ricians/Plumbers Applicant Information Please Print Le I� blv Name (Business/organization/lndividual): t AV- Address: City/State/Zip: C.c,97 lilt, All 02-694 Phone #: Z� `� - �lI^ 7RPr Are you an employer? Check the appropriate box: 'Type of project(required): 1.❑ 1 am a employer with .4. ❑ I am a general contractor and I 6. ❑New construction have hired the sub-contractors employees (full and/or part-time).* : listed on the attached sheet. 7, ❑ Remodeling 2.KI am a sole proprietor or partner- ship and have no employees These sub-contractors have g• ❑ Demolition working for mein any capacity. employees and have workers' 9 ❑ Building addition [No workers' comp. insurance comp.insurance.# 5 ❑ We are a corporation and its ]0.❑ Electrical repairs or additic . required.) , 3,El I am a homeowner doing all work officers have exercised their I LE]Plumbing repairs or additic myself. [No workers' comp. right of exemption per MOL 12.❑ Roof repairs insurance required.]t c. 152,§1(4), and we have no employees. [No workers' 13.❑ Other comp.insurance required.] *Any applicant that checks box NI must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must.submit anew affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is thepolicy and job site information. //,,�� Insurance Company Name: Put Policy## or Self-ins.Lic.#: y`r Expiration Date: Job Site Address: �/ /3,tL. L-A City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date) Failure to secure coverage as required under Section 25A ofMOL c. 152.can lead to the imposition of criminal penalties of t fine up to$1,500.00 and/or one-year imprisorunent, as well as civil penalties in the form of a STOP WORK.ORDER and a f of up.to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under th s an p nalties ofperjury that the information provided above is true and correct. { Signature: Date: �L Phone## Z l —�Z 1 7U Official ttse only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License# Issuing Authority (circle one): 1.Board of Health 2.Building Department 3. City/Town Clerk 4. Electrical Inspector S. Plumbing Inspector 1 Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, -express or implied, oral or written." An employer is defined as "an individual,partnership, association, corporation or other legal entity, or any two or more of the.foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership;association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not.because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the conunonwealth nor any of its political subdivisions shall enter into any contract for the performance of public'work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name(s), address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies (LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance: if an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should-you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a.reference number. In addition,an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information(if necessary)and under:`Job Site Address" the applicant should write"all locations in (city or town). A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for fixture permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e: a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do riot hesitate to give us a call. The Department's'address, telephone and fax number: The Commonwealth of Massachusetts P Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE Fax # 617-727-7749 Revised 4-24-07 ` www.mass.gov/dia • ,n[trsr,�,s, , Town of Barnstable Regulatory Services Thomas F.Geiler,Director Building Division Thomas Perry,CBO Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I, S"tva% Zopan S h i S ,as Owner of the subject property hereby authorize 11ILA to act on my behalf, in all matters relative to work authorized by this building permit application for: (S" L nr LOU)15 1 AA (Address of Job) Signature of OwiW Date Print Name If Property Owner is applying for permit,please complete the Homeowners License Exemption Form on the reverse side. C:\Users\decollikWppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\4STGU5QO\EXPRESS.doc Revised 090809 • 1 SUNRAY;4ANUARY 14;2007 CAPE;COE O-N_lT1.N E.,C0I; 0— ns ...r, � �'° ..� -.,. a .-- .Gar „« , ... �.a.�,a . .x-�,�.7rm„fi.�...�. ,mss:,.•s3 .-.�, �;•a-u� , «: s YARMOUTH PORT Kings Way BARNSTABLE VILLAGE-Rare HYANNIS.;Commercial'bmld DENNIS,`SOUTH Ktcheri EASTHAfN:.1 Br apt:plus 1 e 206 Kate's Path ... 1 13 acreslopmg'buildable' ;p &used car lot or other ,rpdvileges,cable $110/week� ;room�efflciencles,<;$140 Just RedUCedf $400k lot w/conservaWon on 2 posslbilities;.Cali Tf�eresa� " 508 394 97728 w +$185 weekly Includes.�tlis. 052 Kate's'Path 305,500 '�sides ,Dead+ends street (508)292 3876 a 3 Non smoking no pets., /�/ -AL MOUTH,'- $160/wk g p Town*water--$355 000/BO : �^$ t(506).255 2835 ;. 072 Kates Path 39,900 Laundry•kit electZeat Po815-9147 6 view. nl�/ 0216 Kale's Path 5 000 furnished 50$274 9522 I w 508 815 9147 or email EASTHAM:2 Br.Newly Reno �12 Oak Glen;. 365,000 capecodland4sale ;-# -.z , _ >"HARWICH all house p�i'vile vated w/d`FP $1zo%b.: I/1� •11 Blueberryry; 95,000 Cceyahoo.com gg no dogs 5da 2$5 9259 - bb *14 John Hall:, ...:. 510,000 HYANNIS Excellent opportu es $150/vuk includes util1 WE KNOW,KINGS WAY!, Wily m rime location off' ties.Call 508 432 2050 DENNISF p, FALMOUTH::Downtowm (/ Call Peggy Grampton JUST L'ISTEDlsold:as pa kagerConsstmg` HYANNIS:i$120Aveek ;bright 2.3:6r living room, 508-237 7874 508 255 5100 g includes all.(&cable:plus diningg room, eat in.kitchen 0:47Ac with Distant Views of of 2 retail stores with 2 Stu ) $925/mo.+..1st mo: on .� Security deposit. Walk to ` --�/'� Cape Cod Bag.HI?%sought ;dio apt;%and an additional 4 ;downtown;774 836 0878 ' ,r Gall Nl F 8 4 508 548 372 iHEREAI=ESTATECO, ., .i ,afterrarea,7close�o=.eaches ' bdrm residential dwelling X: , (/ capecodhomefindeream •,;, golf&centerof,Town $379k p - $1,200000 HYANNIS:: Centerville'. ine FALMOUTH:Large modem tx Foran Realty9508 385-1355 1-800 724 5061 , $110/wk: includes all: Call �Br. $995/mo.includes'utlls ry +f 3 Prudential Premier Properties. `Gary @(508)-648-9942 _ --!-,No pets.508-572 8823 �I MARSTONS;MILLS: WATER HYANNIS:.Clean large,0#�CaPs P �e�63 ,FRONTI,Permitted-acre+lot g ,room, FALMOUTH:NEW-1&2BR '` D HYANNIS t w/ riv g $900&UP; `%on Mystic Lake &`Wheeler p ate bath krid e;coun = PLYMOUTH,-NH Medical/Commercial '- ter s ace,for micro,`am le �www.RentMaxHome:com Rd New well in place:Sun P P West Main Street Yz Acre { Picture Postcard Viewsl set wows sandX beach parking,; private 'entrance Ray W8-548 6444 ,I dock Best'of its kind Parking++;High Visibility Ideal or one No pets. 1st p Leon Mountin Area $595000 .% =' Bonus Apartments r_mo only for move ets- l0/ HARWICH:lrbedroom;,vualki ' CUMMAQUID Price Reduc` OW nerS:finanCing'T mo.includes heat/� out basement Including all 5 2 7 Acres ftionL NEw,7 lot subdivision $559 000 * electric.Call M F 8 4 utilities,sat TV;'wireless In, 5 still available Acre+ lots Craiggwlle f�ea31 Co (5011)548-3722 ' ternet= $975/mo >.Prlvate ' t , all are perked all utilities (508)Z75 3 74 ,� parking&entrance isUlast a HYANNIS ;Clean.quiet; fur , 1 f 508 430 0159 ' o ; ;James E Mu by°Inc MASHPEE CommerciaV= F ,..Wished rms. cable private ., rP ba $150/wk 508 7`/5 2036 HARWICH�i br 7ldeal for 1 + , (508)7.1 1 1Z Industrial Lots Prime Loca ,s `� Q ticn$425,000 to$450;000.. HYANNIS.'Glean �ulet ;furn ,, ,$726/mo including*no pets QWnerG E 'r (508).432%67 ,�InanCing MAsHPEE New lishngl Commercal-Real state Co. *pprivate entrance dealfor1,+ Top shelf location'at refired' S+acres an Ashumet Pond 508-362 2123- $140hvk 508 776 3868 HARWICH'Mce,I'br apt prl-` ski area. Premium-home site close to Holly Reservation HYANNIS:Near Mall&Hospi vale drive&entry separdte a With underground °utilities privacyy, 'ggreat-,topography YARMOUTH:=RTE 2$f,�a � utils,$SOO;ist,last,securi�. • $525,000 Bell Ones' ., .;Strl Plaza:Over 12K s, ft� Xtal $160/yuk.including9.Calf 508 432 6209.f Leave,• 8 Near skiing; golf and shop p q Alan '(774)836 3613 =• 11yy ping Great access.to_I-93.-. 508-477 5500,' includes 2 br apt.Newly ren ,1Nessage;:all calls returned 1# Ca)I Northern Acres:toll free ovated retail'space w/superb HYANNIS._Ocean St private r pTODAY t-877 640 5263 SANDWICH.bBuildina lotr En frontage/exposure )usk over. Bath fridge,TV'micro.;non; HARWICH PORT•Nice large 1 gineering-&;septic-design Hyannis line.:1 55m.. sino)ing/pets.year) ,`$160/ =bedroom.a.Walk to every rr 7 days or p g James E.Mur h ,inc :weeks thin i,.Onl $875 includes€com leted.1'.5 acre A real p y (508)28 -, g northernac(6s Com,+ tiuy at$219,900 y ° Mik Y F 508 771 1717 428-3517>i e @ 508 4328600 rye RE 508 8881189 H BAaNN Ilntr2 rice t$tip/Rio Inn www.CCARentals com B 0�1da[„ Is$ SANDWICH;'E1 51 acre-with �t� 6 777 eludes 508?3.601186 t, HARWICH,W; 2 fir, :2 full -d A, .p�. � ,, baths'to" Laund W ' plans & specs for 4:'bed ry. alkingg dis ro FLORIDA :,HOME Citrus ,room home $194500: HYANNIS Vary large rin pn stance to beach: County golf community, 7, 7 LAND For affordable housing;, vate entry&.ba;$140Nvk in includes heat.No pets;non gl rooms, 3 Br, 2Yz Ba, car local tax exempt organize eludes u'Is:508 790 7061 smoking;508-4. 6360 garage;.shop, office pool ' tion seeks donated or<par SANDWICH:,Professlorial F 2 I spa,sale/tra e @$3�5 000., _tially_donatod land to devel HYANNIS 1 Br-$$$00/mo : C:.a11 352 422 3319 for info op affordable housingg".You T.large rooms,private-BAspri Includes utilities 8 cable 1st# i can get a tax write oif;you vote entrance-Kitchen:'rivi &last (508)775 3243 l ,t L »Q1 can determine what Is:built le es,laundryry $800/mo In I anus , z�f t� .1 and you, can help ;local` i,eludes all!;508 317 9181 YANNIS. 1`fir apti.Gr t ):` „r .� .. area.Includes all everi'cab 8,1 SANDWICH:Villa a Rt::6Ap, worlungg ppeo le thosewho YARMOUTH. Close togevery 775/mo.(508)539-0032 p BARNSTABLE;,W,•2.8:acre f '0 9 acre,.:Cleared; .Old l are elderly, or peopie;-with thing;,,private entry, cable,, lot,perc,,engglneered.private Home on site $450 000 disabilities rent or•buy!a de kitchen 150/wk 771 8564 HYANNIS:218r apts;clos to it setting off 6A,Reduced to; `�' — -cent place to live,HHousing Main st.& beaches `hard ' $279,900 owner/broker 4 1 CHATHAM Assistance Corp YARMOUTH;=W. Large furn t`wood firs;:Starting at- 0 room, bath/kitchen riv N r 7 508-364 8668 Cul de sac,0 84 acre de Call 508 771 5400x236 p MO..includes all., ons f eded beach n hts per Lovely home$800/mo.Ref ;ing/pets:.508-520 0451 { � -_ g erences re uired No ets miffed.$575 000 3 y (617)842 8838 :p { ; ANNIS:E BASS-RIVER �;a ,# �!$. h. . ' >new appliances;$1i50/mo Y Building lot:40 ac Perked& ® / YARMOUTHPORT. My Home BOURNE 18r new.krlchen, r -" Title V designed for 5.BR 4 �' "T MORTtiA6ERATE3 See includes all $175/week; call ct; BA::Ve private country'lane UTTLE` E "E�nomy (n Sunda:Cape .,Dons t 5f)8 367 6265 canal view th, ry. ( ) _ )823-807 eRTv Cod Times or Interne 3;' Walk to oceanl So Shore to °x- A �' wwwcapecodon8ne.com YANNIS2 room a icien sign; at ass.,River,Terrace �f - nB townhouse, private soft in 4i Asking$440 000 508.375-1000 i x „ 4 non smokingg no ppe g Call Owner508 771 2000 Realty Executwes ; BOURNE:,9eautifA,spa ous, , :(508)771 6075 wwvu thecarrollcompany:com L. 1: BR "apt. includ all: nt "WATER VIEWS �' y r '$1100 •avail 2/15-n r to> ANNIS:3BR 28A 1700 incl na Ouali 1/2 acre l01 with dl �' beach 321 723 02 .28R 18A:1200 3BR; 1 BREWSTER Rare 175 acres; �, ) 160b Incl.508 776-� �� wooded homesite near all �,rect protected views and BOURNE `*Steps.to banal, $7 Brewster amenhies'..•$250k deeded accessao'Center Colonial 2 family h" e 2' HYANNIS:�,arge private,very. t Si :sBREWSTER Large & �ville's..Lake -Wequaquet BR $1200+ &.3 B n�ldr,recently-:refur :• ;I F'Lovely:Lot,. Stonehenge Permitted-for 3 bedrooms 1 'RlNTALS� _ ' gourmet°,,•kitchen.:$1500+ Dished ".Cen4ral ,~separatef ` neighborhood Convenient home.$359,000 private yard&parking;attic laundry rm including W/D'� BUl Iocatlonl.:.,.... . $264,900: 1 :YARMOUTH PORT ;� lodgingi B&Riff 703 storage;trash pick-up':Very if dishwasher; builtAn mlcro „,.VS 4BREWSTER Beautiful:;Lot s= Uniquel*50 =759-5`229 wood firs'-'ceilin fans, bal . ha *Historic cVtlia a settin ,Wanted to Rent 705 < ,w/access to ponds in Brew- g g F f f conyy car-port fenced ter.Heigghts soc ::.$319k` ust -.off Rte 6a Vintage i BOURNE/SAGAMORE BEACH ard,2 m(nute walk to. CEN eBREWSTI .SHEEP ��uildinggl Location( 0pppor �+ H_ouseSiitmg v � � 707t•, Noar;canal: lar a 1 bed$ * town. Ready now,.no pets L 1N tun'' I Pndel$369,908 room g POND. ESTATES;- Levey oommates, 710. om apts $900/mo+'ubis non :smoking,. references hd *Thacher Shore 1.86 acre R:. - Lar e`2 xbedroom=.ra is <,in Corner Building Lot;kShort �.- - g p $900.mo°+1s last,securl g "walk 2, priva}e.{beaches parcel perced:for building Home Sharing712 $1000$10b0/month-+ ist ,ty (508)364 599 a; t $f $329,900 our',' .dream ,;homel last Securi &1 eariease. g.cul �f3REWS _ a' , r WhitePages.com- Online Directory Assistance Page 1 of 2 _r ACCOUNT € SEP J AN i 6. 2 53 �u,� �, - � �, .ill � "" ?� • !! IG li People Business Email Reverse Reverse Area & ZIP Tools & Search Search Search Phone Address Codes Resources Reverse Phone Batch Phone Searches Automate Phone Lookups I Integrate Contact Data < NEW SEARCH Sign up right now for Vonage and aet 1 month FREE. Looking for Dimitrios Ouber? Dogpile.com can find it. Need More Help With Your Search? 1 Result matching "(508) 771-0842" Ouber, Dimitrios i, 9 Beth Ln, Apt B Hyannis, MA 02601-2225 View More Records Buy one or (508) 771-0842 for Dimitrios Ouber. Check Background Records Power Web Search Instant Criminal RecordsGet one FREE . Report Find Neighbors Search Public Records Results View additional records for Save to Address Book or Dimitrios Ouber. Outlook Powered by 1.800.US.Search Map and Driving Directions SPONSORED LINKS Printer-Friendly Did you Go to school with Dimitrios Ouber Click to Call Dimitrios Ouber with ti Send Listing to my Email VONAGEI h Create Mailing Lists aN Phone Details Type: Land Line " Provider: Verizon m Due to number portability,some numbers have been transferred to a new m �" UT service provider. i 3ry � a Privacy Concerns? 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Privacy Policy:Legal Notice and Terms under which this service is provided to you. 1"QYYkM'i " �RIeIYAC http://www.whitepages.com/10001/search/ReversePhone?phone=508-771-0842 1/16/2007 y �Y 88 lb o , dw ttrr a� i � �,�� :. ..�. r9• my o w:� „ .,. - � � � S'Y++ , � rz 4 r w , 0 - :s F u z ONO .01 ft w, ^ m T- 3y aA Ira L e :q. i rays .. q m� n. tell: 1 y ? 0 ^ n y a a ON f 71, �m.r,A+,n • � f >A`a&t�.�•F'`Xt'aT 4 ,+ I ^r 2, tr •rt"� + 2 � '� �- �'•'qR'.�.� � .'u-.G� f� �,,.��a vim �hU-p t `{ S e4 —`F ➢f Ti � �{l� ifs !S ry �p► /� i r q •� - �� t y`$a�. qd q`lf`y`""+ E'i° M''„✓'4��'��s '�r �fr ,at`*, • F —a�"fs. q:i�.�—^"'a4r.��'�*-$� C'.""'_,.�,, .�v��rt�f.�0.1�` .'.."3'+t:" *L..rii5��F,"�,t'� .g. �� l9 `r t i Y� t t a i 1f f I 'a."i �� .�Y°p' �' a�'-IiS++. .....,r+�»�*G`.S`,"�,�s'!.S`,J�fa�{s�� +»r..-�^'�'4�✓'�+Lp�,y. 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'. �' ,' �'�� i�Yf�l��E�y�• ¢"`ar — t i i t F , e 1 k r R t N� 1-a am k� r � M •e t �Fil[ �4 r. �oJ r t 'e x' n r � i � - _ - -.. .. ..... ��III{�i''R.9'Mmlh .. ��I ra ,, - ,. � �f• ip,' . !w .�' W .. .. x ,v u [R YY•"Yyr rr i, :"YT .: y gro�ryw�, ) 4 a ' m r x• 4 _ I_ t y� "b.. �•+..�4� � day � � � - ! '�°t - r- �z°. Y°-. 4.�' V _.. � lea .� � � V ,• T t " x Y �+ ' a w r 0 Y r r ti v I ��• a � x av b � x _•. g �e � � as ^`" , � e Sk k ). i •, y, s + �' a i lz v y t e s '' a,$ of .r. J .-m r• k _ ...E r: 6 F,, ,�# :,y' �• .. +�. �. B �'v .._. �� e. a k e z _ Ke f e „ a r, a re M µ r t i arm s r v wll� �4 dwFA W � UP, b. t r l r� y P�N - 2 /V Date: April 5, 2006 To: Building File From: R. Giangregorio Re: 9 Beth Lane, Hyannis Owner: Dorothy Burgess &Barbara Ouber M&P: R273-199 Zoning: RC-1 District Overlay: GP I spoke to Barbara Ouber on at least two occasions yesterday afternoon. She screamed in my ear almost the entire time. She insists that she has permits for two family apartments and she went through the Board of Appeals process. She is unable to produce evidence of valid building permits. The street file contains the original building permit and a subsequent one for a garage & loft area but both clearly identify the property as a single-family. Apparently, Ms Ouber has a copy of that one because she admitted her copy also identified it as a"single- family". Later, she claimed a building inspector told her that without the stove there is no apartment. She insists that she rents rooms—there is no kitchen because there is no stove. By her own admission, these"roommates" do not have access to the primary structure. She does not know if they have microwaves or toaster ovens. She stated that they have independent entrances and all work is up to code and is neat and clean unlike the neighbor's property. Mrs. Ouber then reported 1 Beth Lane for having an illegal apartment and accused the town of turning a deaf ear on her complaints of the last three years. She also accused the town of losing all of her permit records including all minutes and documents that would prove she obtained the necessary permits to not only construct the apartments but to use them as well. (The records loss must include the alleged construction permits, the alleged special permits issued by the Board of Appeals for the two family apartments and those documents recorded at the Registry of Deeds.) Mrs. Ouber maintained a confrontational demeanor during both of our telephone conversations. She was abrasive and did not want to listen. She constantly interrupted me and spoke over me. I cautioned her more than once to stop yelling in my ear. We discussed the Amnesty program but she wants a family apartment and a rental unit. She was agitated and disturbed that the town again has questioned her about the apartments because the town lost all of records (pertaining only to the construction and approval of the apartments). According to Mrs. Ouber, this loss occurred twice—the second time occurred when the town offices moved to 200 Main Street. At the conclusion of our last conversation I told her to prove she had the legal right to the two apartments. Subsequently, she called and spoke to Nancy(Building) to check her file for permits and later called Growth Management for the same purpose without the desired results. I am informed that Mrs. Ouber put the house in a trust in order that she may be eligible to collect public assistant for her adult special needs son. April 6,2006 Mrs. Ouber called the ZBA secretary to check for the relief she claims. When advised by Leandre Nicolo that the database does not show anything, she wanted to speak to Leandre's supervisor. Tom Broadrick was out today but I advised Leandre that I was working with her and she needs to resolve the issue with me. April 20, 2006 Visited site with Ralph Jones. Barbara Ouber(identified as the tenant) left the property as we arrived. Dorothy Burgess, the RE Trustee is reported to be in Fla. Tricia Gisleson, a real estate agent and reported friend brought us around. There are two distinct apartments attached to the primary residence. I was unable to get into the two upstairs bedrooms in the primary residence. There were 2 bedrooms on the first floor of the primary unit(one previously was the dining room according to Ms Gisleson). The two apartment units contained one bedroom each. I expressed concern regarding egress issues for the apartment. In response, I was informed that one tenant relies on a fire ladder, the other has a large enough window on the outside wall. The history according to Ms Gisleson and reported on this date is as follows: • Barbara Ouber purchased and constructed a SF home. • Claims Ms Ouber legally constructed the additions for her family. • Ms. Ouber did all of the cooking and the house had only one kitchen. • Claims a previous BC approved the renting of rooms so long as there was no stove—because it's not a kitchen without a stove and not an apartment without a kitchen. • Subsequently, Ms Ouber"lost the house". • A real estate trust was established as record owner and Dorothy Burgess is identified as trustee. • Barbara Ouber became a tenant of the Trust. • Ms Ouber has a Section 8 voucher for housing and resides in the primary residence with her adult son who has Downs Syndrome. • Dorothy's nephew lives in one unit. • Dorothy usually resides in the end unit but since she is currently recovering from an undeclared medical condition in Fla. she has allowed her nephew's friend to use her apartment. I advised Ms Gisleson that the owner has the following three options: 1. Revert to a SF home. 2. Merge the two apartments and create one family apartment with all necessary approvals. (Must demonstrate eligibility) 3. Merge the two apartments and create Amnesty Unit with all necessary approvals. (Must demonstrate eligibility). The property owner must advise us of her choice ASAP. JAIllegal Apartments\9 Beth Lane Ouber Report.doc �, � .' "=�fib.�.,.�✓�� . x � a • rfe. r a . v RA 3 $ a q 3; S s s i 7 ` g It r +� n s ; �: � r WIP R r f � - K J 3 M r� r .*r ,.r' -;'�• .c � ' �±�` � �..stt.. f-L k�K~k " '� - r.+1, a ,,,,. 'tt ��..r. 4�� 4a': `.�w s Y QQ "s""'a�,, �'.�.F�. �; ,+ �= y'Tc.';:A ,- *,.", ��"�"�`:a'��g,�,y� �$:��',°° «"'� d�A��".pe# �F '".mt, .,t,`""•��t �� e.3'� Aa, . " ,, 69�� ,.� r «'. � r•S'arTr'�.'T .- :�4 #� rg • a y , .a «F- •^ `\'«, ..'°��="� 'v� 'ax*" ,"µ..i{.� »s,. 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AC^w. � ,t "+1.. 1 �.. •.�- � 'k* -`FF.' � _ �. ..^ .�j. .� .i .} "T"�,:•�.,,i-1!r� -V. r., :��''71,�3's�'"'ice''-s .. "`fir ?';•c-x..£.'b�t��i; y'kT,7f .�, �i Y��{�3�..�•` ","p a[ � -i ,.. ^�i} } e� •.rJ' �;7 � i t' i�' ,'4•�' '...��z Y A.�f+lf S., ,x f,.,+ri`:asY .?� ,$ r�,r�*��Y,`z- ,.iA,w ,�,r�; = ;. _,„ ,4r't '"��;,;s �4 i �_ ,,.� °'� � �.'�i r�: ..•�„� "�'T-,.�!r .�+•.�#:s,.�.� � �,r��'?jt�:r`1��sw�" .fir {,.q'�F �-yzys�"-\y� �"„'��,. #, ':k. ter - ..M: :4i= r ,.�A6, j +-r^.,i ^*. ,�j' •t a•,�s�. .. rraA�;.,�*•+`ws�.'�,� �.��i. �y�.-'�"•'ttw<"�'*,.. xe.�e'� '�s- Rt�i'.:�.� � ,.�.,=�.'�'�'��"�,FY�.Y'��.'r�v, a+„e..�.��t',i..,... ;,'W`.T�c~'T4as., .�.,r Tp AM igm e,•a Y iMINI J to �. � .�w��,r..� G, �,;-•r�rP.ran i R 1 i `•ha-'` L,ti, ''y11#�'q � y.6..a�76 k �k `�•ra Y ti �� 4 t1` 'v i'�, � �„`alvf„� 3•��,�},yyr '.!•A'ia yr .�.� :,/fA .. f_k, G VII nlj} j.7, t,�.�,.l c��y�i. kdy,►. IV�`$�`` 1-t"y.+•G'.l lb��.^s" �' r1� ., �� >\y �'t ;kII ma . M °�e�` ram ' b3 '►>fi Ali 4N_r,!m� _ Oft ��''�,`�y�ya-t t f �:•A �•'A,y "�, A" may''=r . tr T7 a �nl^a amain$;p f ' t �q r 7mpjp► ik At sou 7767 fact 132 instruments in writing signed by all of the then Trustees, provided . in each case that such instrument or instruments, or a Certificate by any Trustee naming the Trustee or the Trustees appointed or removed, and in the case of any appointment, the acceptance in writing by any Trustee or Trustees so appointed, shall be recorded in the Registry of Deeds in which this Trust instrument is recorded. No such appoint- ment or removal shall be effective until the recording of the instru- ment or instruments of appointment, or removal, as the case may be, or a Certificate thereof, and in the case of any appointment, the accept- ance of any Trustee or Trustees so appointed. Upon the appointment of any succeeding or additional Co-Trustee, title to the Trust estate shall thereupon without the necessity of any other instrument, convey- i ance or transfer, be vested in such additional or succeeding Trustee jointly with the remaining or other Trustee or Trustees, if any. Each succeeding Trustee shall have all the rights,powers, authority, priv- ileges and immunities as the original Trustees hereunder. No Trustee shall be required to furnish any bond. 11. Alteration; Amendment. This Trust may be altered and amended from time to time by an instrument in writing signed by the then Trustee (or all of the Trustees if more than one) and all of the then beneficiaries and acknowledged in proper form for recording. The Trustee shall then record said alteration or amendment, or a Certificate of the substance thereof with the Registry of Deeds in which this Trust instrument is recorded, and any person dealing with the Trust property or any Trustee may rely fully and without further inquiry upon such a Certificate so recorded, and such certificate need not name the beneficiaries hereof. No such alteration or amendment shall be effective until such alteration or amendment, or a Certificate of the substance thereof, as provided in the foregoing two sentences, shall be recorded in the Registry of Deeds in which this Trust instruemnt is recorded. 12. Liability of Trustee. No Trustee hereunder shall be liable for any error of 3u gment nor for any loss arising out of any act or omission to act in good faith, or for any act of any Co-Trustee or preceding Trustee, but each Trustee hereunder shall be responsible only for his own unlawful breach of Trust. No license of Court shall be requisite to the validity of any transaction entered into by the Trustee. 13. Agreements; Leases. Every agreement, lease, sublease, deed, mortgage, assignment, checks draft, withdrawal order, note, contract or other instrument executed by all of the persons appearing from the records of the Registry of Deeds in which this Trust instrument is re- corded, to be all of the then Trustees hereunder (or the sole Trustee, if at that time there shall be only one Trustee) shall be conclusive in favor of every person relying thereon or claiming thereunder, that at the time of the delivery of such instrument this Trust was in full force and effect, and that the execution, sealing, acknowledgement and delivery thereof was duly directed by all of the beneficiaries hereunder subject to the provisions of this Trust, and such agreement, lease, sub- lease, deed, mortgage, assignment, check, draft, withdrawal order, note, contract or other instrument need not name the beneficiaries hereof. i -5- Ld ' soc�7767 ►per 133 Any and all instruments altering, amending, or adding to the Trust or termination or revoking this Trust, or appointing additional or Co-Trustees, or in which a Trustee resigns, or otherwise affecting this Trust or this Trust instrument, shall be recorded in the Registry of Deeds in which this Trust instrument is recorded and until so recorded, such instruments shall be ineffectual. EXECUTED AS AN 1NSTRUMENT UNDER SEAL at Hyannis, Barnstable County, Massachusetts this at st day of , 1991. Signed in the presence of: SAVVAS L. 2APOU 1D1S Trustee as aforesaid COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, as , 1991 Then personally appeared the above named SAVVAS L. Trustee as aforesaid and acknowledged the foregoing inst be his free act and deed as Trustee, before me. NOTARY ^•p 1, 1. ,(i n . My commission expi;pee:;.Q /�// �'V 0` ' L BOU 7767 Farr 132: instruments in writing signed by all of the then Trustees, provided . in each case that such instrument or instruments, or a Certificate by any Trustee naming the Trustee or the Trustees appointed or removed, and in the case of any appointment, the acceptance in writing by any Trustee or Trustees so appointed, shall be recorded in the Registry of Deeds in which this Trust instrument is recorded. No such appoint- ment or removal shall be effective until the recording of the instru- ment or instruments of-appointment, or removal, as the case may be, or a Certificate thereof, and in the case of any appointment, the accept- ance of any Trustee or Trustees so appointed. Upon the appointment of any succeeding or additional Co-Trustee, title to the Trust estate shall thereupon without the necessity of any other instrument, convey- i ance or transfer, be vested in such additional or succeeding Trustee jointly with the remaining or other Trustee or Trustees, if any. Each succeeding Trustee shall have all the rights,powers, authority, priv- ileges and immunities as the original Trustees hereunder. No Trustee shall be required to furnish any bond. 11. Alteration* Amendment. This Trust may be altered and amended from time to time by an instrument in writing signed by the then Trustee (or all of the Trustees if more than one) and all of the then beneficiaries and acknowledged in proper form for recording. The Trustee shall then record said alteration or amendment, or a Certificate of the substance thereof with the Registry of Deeds in which this Trust instrument is recorded, and any person dealing with the Trust property or any Trustee may rely fully and without further inquiry upon such a Certificate so recorded, and such certificate need not name the beneficiaries hereof. No such alteration or amendment shall be effective until such alteration or amendment, or a Certificate of the substance thereof, as provided in the foregoing two sentences, shall be recorded in the Registry of Deeds in which this Trust instruemnt is recorded. 12. Liability of Trustee. No Trustee hereunder shall be liable for any error of ju gment nor for any loss arising out of any act or omission to act in good faith, or for any act of any Co-Trustee or preceding Trustee, but each Trustee hereunder shall be responsible only for his own unlawful breach of Trust. No license of Court shall be requisite to the validity of any transaction entered into by the Trustee. 13. Agreements; Leases. Every agreement, lease, sublease, dead, mortgage, assignment,check, draft, withdrawal order, note, contract or other instrument executed by all of the persons appearing from the records of the Registry of Deeds in which this Trust instrument is re- corded, to be all of the then Trustees hereunder (or the sole Trustee, if at that time there shall be only one Trustee) shall be conclusive in favor of every person relying thereon or claiming thereunder, that at the time of the delivery of such instrument this Trust was in full force and effect, and that the execution, sealing, acknowledgement and delivery thereof was duly directed by all of the beneficiaries hereunder subject to the provisions of this Trust, and Such agreement, lease, sub- j lease, deed, mortgage, assignment, check, draft, withdrawal order, note, 1 contract or other instrument need not name the beneficiaries hereof. O, • -5- v Barnstable Assessing Search Results Page 1 of 2 MR Home: Departments:Assessors Division: Property Assessment Search Results New Search wI n INew Interactive Maps >> �z Owner: f 2006 Assessed Values: BURGESS, DOROTHYITR 9 BETH LANE Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $294,800 $294,800 273 /199/ Extra Features: $2,800 $2,800 Outbuildings: $ 1,200 $ 1,200 Mailing Address Land Value: $ 151,800 $ 151,800 BURGESS, DOROTHYITR S A M REALTY TRUST Totals $450,600 $450,600 9 BETH LN HYANNIS, MA.02601 2006 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $66.35 Fire District Rates Town Barnstable-Residential $1.90 $6.31 Barnstable-Commercial $2.51 Commei Hyannis FD Tax(Residential) $725.47 C.O.M.M.-All Classes $1.06 $6.54 Cotuit FD-All Classes $1.33 Persona Town Tax(Residential) $2,211.66 Hyannis-Residential $1.61 $6.49 Hyannis-Commercial $2.50 Other R; W Barnstable-Residential $1.60 Commur W Barnstable-Commercial $2.46 Total: $3,003.48 Construction Details Building Property sketch Legend Building value $294,800 Interior Floors Carpet Style Modern/Contemp Interior Walls Drywall Model Residential Heat Fuel Gas Grade Average Heat Type Hot Water Stories 2 Stories AC Type None Exterior Walls Clapboard Bedrooms 4 Bedrooms Roof Structure Gable/Hip Bathrooms 3 Full http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO6map.asp?mappar=27... 2/28/2007 r Barnstable Assessing Search Results Page 2 of 2 Roof Cover Asph/F GIs/Cmp living area 3032 Replacement Cost $320451 Year Built 1980 Depreciation 8 Total Rooms 10 Rooms Land CODE 1010 �pj� Lot Size(Acres) 0.38 Appraised Value $ 151,800 Assessed Value $ 151,800 View Interactive Maps > Sales History: Owner: Sale Date Book/Page: Sale Price: BURGESS, DOROTHY I TR Nov 24 1998 12:00AM 11864/076 $0 ZAPOUNIDIS, SAVAZ Nov 15 1991 12:OOAM 7767/ 135 $ 1 OUBER, BARBARA T 3339/71 $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL2 Fireplace 1 $2,800 $2,800 SHED Shed 144 $ 1,200 $ 1,200 Property Sketch Legend BAS First Floor, Living Area FST Utility Area (Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area (Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story (Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO6map.asp?mappar=27... 2/28/2007 -- A 44 Bk . 17754 Pa1.70 01.1880-3. ,. IV i ACCEPTANCE OF OFFICE OF TRUSTEE I, GEORGIA THEODORIDOU MARMANIDIS hereby accept the r office of Trustee of the S.A.M. REALTY TRUST. � n GEORGIA HEOD RIDOU MARMANIDIS1�e v 110 COMMONWEALTH OF MASSACHUSETTS Har SS � ?�tse,,• /7 ,2003 Then personally appeared the above named GEORGIA THEODORIDOU MARMANIDIS and acknowledged the foregoing RH, L instrument-'to be her free act and deed, : ,.; �,, •. before me, t Notary Public Vt. V a� My commission expire.s; � yMILW��yI�MAJ • Y Bk 17780 Pg 172 #118803 APPOINTMh*,':NT OF TRUSTEE I, DOROTHY I. BURGESS, Trustee of the S.A.M. REALTY TRUST, do hereby appoint GEORGIA THEODORIDOU MAJtMANIDIS as Trustee of the S.A.M. REALTY TRUST DOROTH 'I. BURGEqfijl TRUSTEE 16AM . •.s': 4 ,:*parr COMMONWEALTH OF MASSACHUSETTS Barnstable, SS 6 02� , 2003 Then personally appeared the above named DOROTHY I. BURGESS, Trustee of the S.A.M. REALTY TRUST and acknowledged the foregoing instrument to be her free act and deed, before me, Uve_tq, A N ary Public commission expires: Jana E.Surfirtgarna, Notary Public Ccmmonvjealth of Massachusetts My Commission Expires 6/4/2004 BARNSTABLE REGISTRY OF DEEDS ' Bk 20290 P'963 -066606 S. A.!7. REAL7Y 7RUS7 " I DOR07HY I. BURgM' do heae&y azz ign 1aom. the Boaad o?P 74uz .ezz o� S. A. R. REAL7y 7RUS7, to take e�l- sect upon the aecoad ing o/ th.ie •inztaument at the Ba,zaztagie County, Rag.i s bsy o;e Deed , Executed undea zeal th.ib Wday o cl"j0/- �� / , DOROMY I. BU ESS, 7R. S. A.R. RUL7f 7RUS7. r CORMONVEAL79 OF flASSACHUSE77S Baanzt alle, SS / 7hen pz4zonally appeaaed the alove-named DOR079y I, MRjrESS, and acknow.Pedged the Rolzego-iag .inzt tumezt 0 to 9e hea 14ee act and deed, &eZoae• me, + C Comm. exg.iaeag a: i k . , r tt�iiHttq .H; lit s..+ ��a �IU i ii m i t iit\t\\ i i BARNSTABLE REGISTRY Of DEERS : Bk 17780 Pg 171 #118803 S.A.M. .REALTY TRUST' I, VERN6I4 L.. BURGESS,'. do hereby. resign fr`ota. the 'Board of Trustees of S.A:M'. .REAI;.TY TRUST, ':to take effect' upon. .the• recordtng of this .:ins. rumen-t''.at. the BarnstableCounty:'Registry•:of Deeds. Executed uhdei 'sea.1 ,thi .: da o;f:: a�J: Af114kGIG Ir, rus:tee' . ' .. i�.`'. 'S -' Rai.{ •'� f'9.�..r SATE Crr.:'NE` E12SEY= r. Then :perSon�l� :appeared above�riamed Verhon' L. u �ent to be-:. - B" 'r e s d ackrivWl.ed ed t .e re oin instr. m u s an his :f.ree 'acts bof ore.:me . c is r ojii' .e pi es: :zt I ARY-PtJ STATE OR N&WA !res`JuAu Bk . 177aF0 Ps 1?0 01.18:80.3. ACCEPTANCE OF OFFICE OF TRUSTEE I, GEORGIA THEODORIDOU MARMANIDIS hereby accept the office of Trustee of the S.A.M. REALTY TRUST. l � � GEORGIA HEOD RIDOU MARMANIDISJ7e v .p COMMONWEALTH OF MASSACHUSETTS �k— Bar SS 2003 Then personally appeared the above named GEORGIA THEODORIDOU MARMANIDIS and acknowledged the foregoing �'+ instrument-'to be her free act and deed, . . >.. '"�'�w, }•�, before me, Notary PublicV. va .r My commission �exY,p�ires: ', MELMILI l eco4i18 F)a 297 23429 REVOCATION OF POWER OF ATTORNEY ' UNITED STATED OF AMERICA STATE OF LOUISIANA BY• PARISH OF JEFFERSON } + . ,�, ��, ' I r BE IT KNOWN, That on this day of g. r � in the year of our Lord one thousand nine hundred and eigh y four. BEFORE ME, JUNE N. WELLS, a Notary Public, duly commissioned and qualified, in and for the Parish of Jefferson, State of Louisiana, therein residing and in the presence of the witnesses hereinafter named and undersigned: PERSONALLY CAME AND APPEARED: who declared to me, Notary, that appeare/r�doXeereby ok a certain procuration granted by him tolX7/rllvl �L-_r by act dated before ,Notary Public, on and revokes all ights representation therein granted to the said ji as appearer's agent and attorney in fact or in any other capacity whatsoever. THUS DONE AND PASSED,in the Parish of Jefferson on the g day, month and year hereinabove first written, in the presence of the undersigned competent witnesses who have signed these presents j together with me, Notary, after reading of the whole. WITNESSES: jj 2 r X 70 6. • NOTARY PUBLIC JUNE N. WELLS i!40 Nursery P1 Metairie, La. 70005 ............... riC UAOLu MAY2384 1 R A'lei: ' r„f e 300K7250r•.cF• 214 ? � Analn SOU 10Pp by XbW j)rtgt lei N•0 15476 That the FIRST FEDERAL SAVINGS BANK OF AMERICA. a banking Corporation duly established under the laws of the United States of America, the holder of a certain mortgage 1 given by Barbara Tsoleridis Ouber a/k/a Barbara T. Ouber i June ib, 19 8& t to said Bank, dated flitX Registry of Deeds, j Barnstable County In Book 6309 Page 089 r and recorded with jdoes hereby acknowledge that it has received full payment and satisfaction of the some. and in con- ! sideration thereof, does hereby cancel and discharge said mortgage. E j Property Address: 9 Beth Lane, Hyannis, MA 02601 l IN WITNESS WHEREOF, the said FIRST FEDERAL SAVINGS BANK OF AMERICA, by i Robert F. Stoico its President 1 1 ' 1 has hereunto set its corporate name and seal this bth day of March 1990 < 1 i. a F' Fade ings America ... by q,1�', p (IInmuwnmralfli of l March 6, Bristol,s.s.Fall River, MA 1490 e d Then personally appeared the above named Rnbprt F Sroicn I I President, and acknowledged the foregoing instrument to be the free act and deed of the FIRST FEDERAL SAVINGS BANK OF AMERICA, before me. ' I Mark A. Moreira Notary Publk i My Commission-Wires August 3. 19 . } I Bristol a. s 19_____ Received and recorded in District i Registry of Deeds.Book Page t RECORDED AUG 6 90Register BOOK6011P1.6t 152 FIRST FEDERAL 51-511816130 SAVINGS BANK OF AMERICA ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE.RIU}'R is made this.Sth(illy of ... Novembe.r . .. . 19 N.,and is incorporated into Lind shall be deemed to amend and supplenwnl tilt•Mortgage.Decd of Trust or,Secority Deed(lilt•"Security Instrument")of the same date given by the undersigned(the"Borrower")to secure Borrower's Adjustuble Rate Nutt(the First Federal Savings Bank of America Note')to ........................I......................... ............................... (the"(.ender"I of the sums date and cuvcring the property described in the Security Instrument and located ill: 9 Beth Lane Hyannis, Massachusetts 02601 ....................................................................................................I.................................................. IProperty Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST HATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANYONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS.In addition a)the covenants and ugreemaus made in the Security Instrument.Borrower laid Lender further covenant laid agree as follows: A.INTEREST RATE AND MONTH1,Y PAYMGN'1'QIWNCIsS The Note provides for an initial interesl ells of....l.'.. I'he Note provides fur cha llcs in the inlerest rate and the monthly Payments.as follows: 4,INTEREST'RATH AND MONTHLY I'AVMISN'1'('IIAN(;FS (A)Change Doles December t 88 'file interest fate I will Puy may change till the first day of.........., er.. and tin that day every 121b nunuh thereafter. Each date on which illy interest rue could Change is culled a"Change])life." (0)The Index Beginning with the first Change Date,my interest rate will be based on a Index.The"Index" used to adjust my interest rate Is; the cost of One Year Fixed Term Advance Rate available at the Federal Home Loan Bank of Boston,P.O.Box 2196,Boston,MA 02106,or Q the.WPM average yield on United States securities adjusted to a constant maturity of one year as made available by the Federal Reserve Board,600 Atlantic Avenue,Boston,MA 02106.The most recent Index figure available as of the date 60 days before each Change Date Is called the"Current Index", If the Index is no longer available,the Note Holder will choose a new index which is bused upon comparable informs: lion.The N,.te Holder will give nhe notice of[his choice. (C)Calcula(lon of Changes rWO.and �0/1000 Before each Change Duty,the Note Bolder will calculate my new imrr•st rate by adding ,•,,,. ..................I.........................percentage points c2.,SApa)the Current Index. 'I'be Note Ifolder will then round till- result of this addition to the nearest onc-eighth of one pxrccmupe point 0).12514).Sul,jcct to[be limits stated ill Section A(I)) below,this rounded amount will be illy new interest rule until the next Chunge Dutc. 'rhe Note Molder will then determine the amlount of the monthly Payment(flat would be sufficient Lit repay the unpaid p principal that I rota expected to owe Lit the.Chunge Date in pull Liu the maturity date al my new interest raft:in substantially equal payments.The result of this calcul:uion will he the new amount of lily monthly payntcm. (D)Limits on Interest Rule Chauaes The interest rate I am required to pay at the first Change Date will not be greater than 9r.Wbr less than...5411.50 Thereafter,my interest rate will never be increased or decreased on any slgnle Change Date by more than two percentage p(dnt( 2%)from the rate of Interest I have been paying for the preceding twelve months.My interest rate will never be greater than lMAO (E)mective Date of Changes My new interest rote will become effective on each Change Date. 1 will pay the:uoumtl of illy new nnonthly payment beginning on the first monthly Payment date after the Change Date until the unoun[ill illy monthly Payment cluutges uguiu. (F)Notice of Changes The Note Bolder will deliver or mail to tee u notice of ally changes in lily interc,t r is auhd file amount of Illy nnnnhly payment before the effective date of uny change.The notice will include infonmtion rc.yuired by paw at le given on:and also the title and telephone number of a person who will answer any question I wary have regarding file ntilice. B.TRANSFER OF THE PROPERTY OR A BENEFICIAL INTE,RR5T IN BORROWER Uniform Covenant 17 of the Security Instrtunenl is:mended to read as follows: Transfer of the Properly or a Beneficial Interest In Borrower.ll all ur tiny part of the Property or ant)'inlerest in if is sold or transferred(or if a bencticiul interest poi Borrower is sold or transferred and Borrower is not at natural PCrsonl without Lender's Prior written consent.Lender may a[its option,require inuncdiate paymncnl in It'll of all saws secured by this Security Insilu. men(. However.this option sha11 not be exercised by lender if exercise is prohibited by federal law as of the date of this A Security Instrument.Lender also shall not exercise this option if:(lip Bommur causes it)be submitted Ito Lender inlimnation t required by Ixnder to evaluate the intended tr nslerce as it's new loon were being made to the transferee:and till Lender reasonably determines,that Lender's security will not he impaired by the loan assumption and[hill the risk of it breach of oily covenant or agreement in this Security Instrument is acceptable to lender. iy To the extent permitted by applicable law.Ie.nder may charge a reasonable ice as it condition w Lender's consent to the cf Inun assumption.Lender rally also require the tranxfcmc to sign Lin asstmnpfien agrrcmcal 111111 is acceptable to Lender and that obligates the tr nsferee to keep till the promises and agreements made in(tic Note and in this Security Instrm•eenl, Boan)wer will continue to he obligated under the Note and this Security lnstrunnent unless Lender rcicuses Burntwee in writing. If Lender exercises the option to require immediate payment in full.Lender shall give Borrower notice Lit acceleration. The notice shall provide a pxeriml ill'not less than i11 days from the date the notice is delivered or mailed within which Hor 1 rower must pay till sums secured by this Security Instrument.If Borrower tinily Io pay these runts prior m)the c xpinaiml ill this € period.Lender may invoke un .:elite ics PCrIllifict I by this Security Instrument wil out further notice or demand Lin Brower. BY INU Blil. orro er accepts and agrees to the terms aid cuvennms cuntaincd in this Adjustable Rate Rider. . .. .. .. .v: sass... ........:: u<a. dr T..SQ L.. !. �5'....�'�.c.fd�e,Sea,, 1 Witness to all signatures Barbara Tooleridis Ouber -Borrower .................................. (sea)) t ••Bornnwer It! t t MULTISTATE ADJUSTABLE RATE RIDER—ARM —Single Family—Fannie Maa,Fraddle Mac Unilorm In lrument Form 3104 RECORDFD NOV s 87 ......_....�..�.,.r.,..,��.....�._..,..,..._....—..a.....,w....Y.a.M._ , DOOK3339 r:GE 071 21544 .t 0 N ' c I, Deborah A. Russell, now Deborah A. Tsoleridis d of Hyannis, Barnstable County, S9h9XAX feySMassachusetts x a l�rDtt+vxuvx�d,for consideration of$50,000.00 r. grantto Barbara T. Ouber of 100 Oak Neck Rd., Hyannis, MA 02601 to ro N (a 0 with marrantg rwrnaute, the land,with any buildings thereon,insaid Hyannis, Barnstable, b County, Commonwealth of Massachusetts, bounded and described as R follows: sa oBEGINNING at the southeast corner of the land herein described at a + point in the westerly line of Beth Lane, and at the northeast corner of Lot #49 as shown on plan of land hereinafter mentioned; thence NORTH 76°34'02" WEST in line of last-named lot, one hundred twenty (120) feet to land of Arthur W. D. Conway as shown on said i plan; thence NORTH 13025'58" EAST in line of last-named land, one hundred thirty (130) feet to a point for a corner; thence SOUTH 87°08'45" EAST eighty-five and 95/100 (85.95) feet to a point; i thence SOUTHEASTERLY, SOUTHERLY and SOUTHWESTERLY in the arc of a curve having a radius of thirty (30) feet, a distance of fifty-two and 66/100 (52.66) feet to a point in the said line of Beth Lane; and i itthence SOUTH 13025'58" WEST in line of said Beth Lane, one hundred sixteen and 29/100 (116.29) feet to the point of beginning. I; `I I CONTAINING 16,651 square feet, more or less. {' BEING shown as Lot #50 on a plan of land entitled "Plan of Land in (Hyannis) , Barnstable for Cape Investment Trust", dated January 21 1973 and filed in Barnstable County Registry of Deeds in Plan Book 271 Page 84 (Sheet 2 of 2). SUBJECT-to an easement to the New England Telephone and Telegraph Company and the New Bedford Gas and Edison Light Company dated i July 26, 1973 and recorded in said Registry of Deeds in Book 1912, Page 170. i I • SUBJECT to an easement to the New England Telephone and Telegraph i Company and the New Bedford Gas and Edison Light Company dated a April 28, 1977 and recorded in said Registry of Deeds in Book'2502, Page 177. e SUBJECT to an easement to the New Bedford Gas and Edison Light Company ) dated April 28, 1977 and recorded in said Registry of Deeds in Book gy' • 2503, Page 202. S o FOR MY TITLE, see deed from Twin City Corp. , dated December 4, 1980 and recorded in said Registry of Deeds in Book 3204, Page 140. e w SUBJECT to the 1982 fiscal year real estate taxes which the grantee j 1•o assumes and agrees to pay. loom O M I I 1 Date: February 27,2007 To: Building File From: R. Giangregorio Re: Multifamily in Single-family Residential Zone Owner: Dorothy Burgess,Trustee, SAM Realty Trust M&P: 273-199 9 Beth Lane,Hyannis Zoning: RC-1 / GP 2006 A complaint was received regarding a multifamily use in a single-family zone. April 3,2006 A review of the street file indicated a length history of similar allegations. A letter was sent to Dorothy Burgess,TR at 9 Beth lane regarding the complaint. April 4,2006 I spoke to Barbara Ouber twice on this date in an apparent response to my letter. I reviewed the property history with her and noted the obvious lack of any documentation supporting her claims. She accused the town of losing all of her pertinent records. I advised her that any documentation she could provide would be fairly considered. April 20,2006 MS. Giselle, a realtor/friend of the owner met me at the site and showed me the entire house. Three units were clearly identified and photographed. Discussion: Ms. Giselle argued that the property has preexisting nonconforming status. She insisted she has permits for 2 family apartments. I advised her that the original 1977 building permit#19560 was issued for a single family dwelling in a single-family zone. June 1,2006 A certified letter was sent to owner of record at subject address asking owner to identify chosen course of action. No direct communication since. Unable to locate information necessary to ticket record owner Jan. 16,2007 Found advertisement in Sunday CC Times (1/14/07) for a two room efficiency apartment. Amnesty Investigator called number provided(568-771-6075)and Barbara Ouber called her back from 508-771-0842. Feb 26,2007 Determined that record owner resides in Yarmouth and obtained necessary information to issue citation. Citation issued on Feb 26, 2007 and sent by certified mail on same date. Dater April 5, 2006 To: Building File From: R. Giangregorio Re:. 9 Beth Lane, Hyannis Owner: Dorothy Burgess &Barbara Ouber M&P: R273-199 Zoning: RC-1 District Overlay: GP I spoke to Barbara Ouber on at least two occasions yesterday afternoon. She screamed in my ear almost the entire time. She insists that she has permits for two family apartments and she went through the Board of Appeals process. She is unable to produce evidence of valid building permits. The street file contains the original building permit and a subsequent one for a garage & loft area but both clearly identify the property as a single-family. Apparently, Ms Ouber has a copy of that one because she admitted her copy also identified it as a"single- family". Later, she claimed a building inspector told her that without the stove there is no apartment. She insists that she rents rooms—there is no kitchen because there is no stove. By her own admission, these"roommates" do not have access to the primary structure. She does not know if they have microwaves or toaster ovens. She stated that they have independent entrances and all work is up to code and is neat and clean unlike the neighbor's property. Mrs. Ouber then reported 1 Beth Lane for having an illegal apartment and accused the town of turning a deaf ear on her complaints of the last three years. She also accused the town of losing all of her permit records including all minutes and documents that would prove she obtained the necessary permits to not only construct the apartments but to use them as well. (The records loss must include the alleged construction permits, the alleged special permits issued by the Board of Appeals for the two family apartments and those documents recorded at the Registry of Deeds.) Mrs. Ouber maintained a confrontational demeanor during both of our telephone conversations. She was abrasive and did not want to listen. She constantly interrupted me and spoke over me. I cautioned her more than once to stop yelling in my ear. We discussed the Amnesty program but she wants a family apartment and a rental unit. She was agitated and disturbed that the town again has questioned her about the apartments because the town lost all of records (pertaining only to the construction and approval of the apartments). According to Mrs. Ouber, this loss occurred twice—the second time occurred when the town offices moved to 200 Main Street. At the conclusion of our last conversation I told her to prove she had the legal right to the two apartments. Subsequently, she called and spoke to Nancy(Building) to check her file for permits and later called Growth Management for the same purpose without the desired results. �J i I am informed that Mrs. Ouber put the house in a trust in order that she may be eligible to collect public assistant for her adult special needs son. April 6;2006 Mrs. Ouber called the ZBA sectary to check for the relief she claims. When.advised by Leandre Nicolo that the database does not show anything, she wanted to speak to Leandre's supervisor. Tom Broadrick was out today but I advised Leandre that I was working with her and she needs to resolve the issue with me. II (JI ..� .i ...t i ..... f r ` Assessor's map and lot number ...,..�...... .... , ._... .._,_.. ! � Sewage Permit number ......................................................... : r , QyoFT"Eto;�y TOWN OF BARNSTABL]E 3 Z $)SB9TALLE, i " ` � BUILDING INSPECTOR C i639 `00� c, APPLICATION FOk PERMIT TO ! .. TYPE OF CONSTRUCTION ........ :r :......Y:;. ,:..... _., .c �.. , ,� _fry • _f.,� :.t ,.;.....::-..f......................19.:.....: TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according._to the following information: �('i / �..} �..�'*SA^.'...� �j ........� .. 1��.. '4.'l } ................... Location ...... .. • Jyt/, ProposedUse .......... '.'f:'... _ .. .. .... ............. : .............{.................................,......................... L .Fire District ., r :� E:r''i'�...'`% ZoningDistrict ....... ... ...................................................... ........ � .............................................. r:;f f z„ t, Address ..lr�'� �' f�r Nameof Owner ........... .... r ......... ..... ................... Nameof Builder .. .........................................Address .......... . ..................................................................... � � • �i y9 f:c.' trr <:: Nameof Architect .j. t: . ....... .......................................... Address ........................ ......... f-- ...................................Foundation ........ ......................................................•y.y � .,.......... Number of Rooms • .....'..G `n..... . ......... ti ' � Roofing %.�:u t d ;, ... ... Exterior ... ... r> Floors .::.....: !;. ........ .....................Interior .............................. .................................................... Heating g ,........ .. . .............. . .... Fireplace ..... ..`.......:'.::.......... ... ...........................Approximate Cost ............... ..... ........................................... Definitive Plan' roved by Planning Board -----------19 Area :............ Diagram of Lot and Building with Dimensions Fee ............... ::::::::::.............. .SUBJECT TO APPROVAL OF BOARD OF HEALTH _ 1 ! i f, e, I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ........1,,.,�Y.:'L . �:I. .. .,s � ...... 19560 Frost Cape Cod ® 273-199 No ..19560.... Permif`for ..... ellin ............. _ Locatio - Beth bane . $�raasis Owner .....Free t„Cape„C®�.... ... Type of Construction 1� ::.... .......... .............. .... ....... ... ...... Plot ....A 27 : 9 .... Lot ... ...................... j - Permit Granted .... .... upt.......1...:.......19 77 Date of Inspection ..... ,. r:........ 19 Date Completed _................... 19 ;PERMIT lkk $,ED .........................................r. ........ ]9 . ........ .... ........ ....... ... .......... ..................... ......... ... .. .. .. ........................ ....... ... ......a......... ..... .... ................................... ..Approve ............. 19 i ................ nn �.( �.. . ............................ s r RESIDENTIAL PROPERTY MAP N.O. LOT NO. FIRE DISTRICT SUMMARY STREET �73 199 9 Beth Lane Hyannis 7rr LAND p OWNER H` BLDGS. TOTAL sy-O RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: LAND D.L. #50 7q BLDGS. s p O fEawrenceor TOTAL 7 2 :'O (vial p�llt@1'j f.: 09 4 Pw� 1'�► .. - - -- - ��8_1 .,. • 8ac LAND '-7 BLDGS. Sp TOTAL I .S p 0 LAND BLDGS. TOTAL f • • LAND R ss _Deborah.�A = _ BLDGS. Ouber, Barbara T. 8 7 81 3339 71 50 TOTAL ' LAND BLDGS. LA / TOTAL FouHpA}/p�y 0 NA � l L$ 3 NO Cff/JM . LAND ro BLDGS. T ^� TOTAL LAND INTERIOR INSPECTED: BLDGS. TOTAL DATE: / LAND ACREAGE COMPUTATIONS I/If c- BLDGS. LAND TYPE It OF ACRESEIC TOTAL DEPR. VALUE TOTAL HOUSE LOT IOoI p IDaZ QO I-I' ids LAND CLEARED FRONT 5'Z S l� - BLDGS. REAR TOTAL WOODS&SPROUT FRONT LAND REAR � BLDGS. WASTE FRONT TOTAL REAR LAND BLDGS. TOTAL LAND BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY NO RD: BLDGS. FOUNDATION BSMT. & ATTIC PLUMBING PRICING LAND COST • Cone.—Wells ✓ Fin. Bsmt.Area Bath Room a/ Base �i ✓v Cone.BIk�Yllalls•^ Bsmt. Rec. Room St. Shower Bath l=tS Bsmt. BLDG. COST / ✓ PURCH. DATE Cone. Slab Bunt.Garage St. Shower Ext. Walls PURCH. PRICE. Brick Walls Attic Fl. &Stairs Toilet Room Roof RENT Stone Wells Fin.Attic Fj ✓ Two Fixt. Bath Floors ^_• Piers INTERIOR FINISH Lavatory Extra Bsmt. 1 2 3 Sink f a/a 1/2 r/a Plaster Water Clo. Extra Attic EXTERIOR WALLS Knotty Pine Water Only Double Siding Plywood No Plumbing Bsmt. Fin. Single Siding Plasterboard Int. Fin. Shingles TILING ' Cone.Blk. G F P Bath Fl. Heat Face Brk.On Int.Layout Bath Fl.&Wains. Auto Ht:Unit Veneer Int.Cond. Bath Fl. &Walls 7711 Fireplace V /2• Com.Brk.On HEATING Toilet Rm.Fl. Plumbing "Solid Com.Brk. Not Air Toilet Rm.Fl.&Wains. Tiling Steam Toilet Rm.Fl.&Walls Blanket Ins. Hot Water St.Shower Roof Ins. Air Cond. Tub Area Total Floor Furn. ROOFING COMPUTATIONS Asph.Shingle Pipeless Furn. Q O S.F. Wood Shingle No Heat S.F. Asbs.Shingle Oil Burner S.F. ' Slate Coal Stoker S.F. Tile Gas S.F. OUTBUILDINGS ROOF YPE Electric Gables Flat S.F. 1 2 3 4 5 6 8 9 10 1 2 3 4 5 6 7 8 9 10 MEASURED Hip Mansard FIREPLACES S.F. Pier Found. Floor Gambrel Fireplace Stack Wall Found. 0.H. Door LISTED FLO RS Fireplace Sgle.Sdg. Roll Roofing Cone. LIGHTING Dble.Sdg. Shingle Roof Earth No Elect. DA E Shingle Walls Plumbing Hardwood '/ ROOMS Cement Blk. Electric Asph.Tile Bsmt. 1st TOTAL O I Brick Int. Finish P ICED Single 2nd 3rd FACTOR a03 REPLACEMENT _5--- /yG -/ OCCUPANCY CONSTRUCTION CONSTRUCTION SIZE AREA - CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. DVVLG. �I�„I S fFI7t' �� ,7 - .97/s,/ 1 2 3 4 5 6 7 6 9 10 .. ' TOTAL Property Location: 9 BETH LANE MAP ID: 273/199/// Vision ID: 21044 Other ID: Bldg#.- 1 Card I of 1 Print Date:02/03/2000 OR A M xLAj�i x i KuN F Description Code Appraisea value ASSeSSea value %ZAPOUNIDIS,SAVAZ RESLAND 1011) 27,7UU 27,7 801 BETH LANE RESIDNTL 1010 137,900 1379900 NIS,MA 02601 RESIDNTL 1010 600 600 Barnstable 2000,MA L ccount an Ref. Tax Dist. 400 Land Ct# er.Prop. #SR Life Estate NDLI LOT 50 Notes: VISION #DL2 GIS ID: Tota 1669200 N A IVI KMAJ,I X I KUb 1 -1/0 JJ3 U I I A Yr. Goae ASSEsseaan OUBER,BARBARA T 3339/ 71 Q 0 TOW 27,70UI998 1010 1999 1010 137,9001998 1010 137,900 1999 1010 6001998 1010 600 TO-1-aT. 166; 166,2001 TO-TaT. 165,70U R AN ls signature acknowledges a visit by a Data Co hector or Assessor Wl�EIPIRWER-I I I - Wi ear ype escription mount --Code Description Number Amount Comm.Int. Y llD A Appraised Bldg.Value(Card) 134,100 Appraised XF(B)Value(Bldg) 3,800 otaT Appraised OB(L)Value(Bldg) 600 Tj Special Land Value Appraised Land Value(Bldg) 27,700 ................ *COMPLETELY Total Appraised Card Value 166,200 Total Appraised Parcel Value 166,200 REMODELED 1988.. Valuation Method: Cost/Market Valuation ................ etTotal Appraised Parcel Value 166,2UU Permit 773 issue Date lype Descripti gn Amount Insp.Date %-Comp. Date Comp. Comments Date ID Cd. Purposelmesult ME --B3T5T9— i5,uuu lr5799-----fUU---Hy ADWN 'A R g'm MOM Bil use Code Description one D 1,rontage Depth units unit Price Pactor 1,54. G.Pactor Nbhd. Adj. 1votes-Adjlopeczal Pricing Adj. Unit rice an vatu;' I 1U1U single Fain -RCF-4 1752,UUU.UU 1.00 5 l.Uo-3UA7C--—9.0 SPUL(.38,U I U)N 10 IBLDU 72,800.00 Total Card an Unitsl AC Parcel Total an A a: 6.38 AC 6tal Property Location: 9 BETH LANE MAP ID: 273/199/ Vision ID:21044 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 02/03/2000 s g y., 3�'.�� "a: -'��'��+.>.`�.�^.- .�,».. -:� �� ..v �,�:= �. z�,>. Element Cd. Ch. Description ommercia ata ements Style/Type o er ment escr on emp eiption Model 1 Residential Heat Grade C C Frame Type HS FGR Baths/Plumbing Stories Stories 14 14 1 Occupancy 0Ceiling/Wall ooms/Prtns BM HS us 14 Exterior Wall 1 1 Clapboard %Common Wall 2 Wall Height 32 Roof Structure 03 able/Hip 3 Roof Cover 03 sph/F GIs/Cmp 6 2E26 22 2 tenor Wall 1 5 Drywall 2 Element Code Description Pactor Interior Floor 1 14 Carpet Complex 2 12 Hardwood Floor Adj 18 Unit Location 17 23 Heating Fuel D3 Gas 16 Heating Type 5 Hot Water Number of Units C Type 1 one Number of Levels %Ownership Bedrooms 4 4 Bedrooms Bathrooms 3 Bathrooms ' q 0 3 Full na Base Rate Total Rooms 0 10 Rooms ize Adj.Factor .90887 de(Q)Index 1.07 Bath Type dj.Base Rate 6.68 Kitchen Style ldg.Value New 161,606 ear Built 980 ff.Year Built 980 rml Physcl Dep 7 uncnl Obslnc on Obslnc pecl.Cond.Code peel Cond% o e Description Percenrage —Overall%Cond. 3 mg a am JLUO eprec.Bldg Value 134,100 ode escription Units unit Price"y r. lip L t -%Cnd Apr. value DOR Dormer B 16 80.00 1980 1 100 1,100 SHED SHED L 144 4.001900 0 100 600 1` Co deescnpkon wingrea Toss rea rea nit ost n eprec. a ue irs oor , ,037 ttic,Finished �319 638 319 23.34 14,891 ttached Garage 0 772 270 16.33 12,604 alf Story,Finished 822 1,174 822 32.68 38,371 Upper Story,Finished 396 396 396 46.68 18,485 UBM Basement,Unfinished 0 1,040 208 9.34 9,709 WDK Wood Deck 0 112 11 4.58 513 'Et- .ra.cc LivII.Pavo Arow t' Val: 1 161,6961 FIMEr Town of Barnstable Regulatory Services . sexty& s g Thomas F.Geiler,Director 1639. Building Division ..__:....... ._ ___..__...- Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508=862-4038 Fax: 508-790-6230 April 3,2006 Dorothy Burgess,Tr SAM Realty Trust 9 Beth Lane Hyannis,Ma 02664 Re: Illegal Apartments Property ID: Map 273 Parcel 199 Locus: 9 Beth Lane,Hyannis Dear Mr.Aubrey: . A recent review of our records, including the permitting history and the Zoning Board of Appeals records,indicates that the present use of your properly located at 9 Beth Lane,is limited to that of a'single-family home. You are hereby notified that you must take.immediate action to restore the property accordingly. A building permit is required in order to reconfigure the subject space and this work shall be completed by May 1,2006. Because our file identifies as many as three units at this location it is necessary for us to inspect the property before the restoration begins. In addition,-you should know there is an appeal process available to you. If you choose to explore this option we will happy to discuss this matter with you but be assured that your failure to comply with this notice or file for appropriate zoning relief with the Board of Appeals will result in a $200.00 fine. Please contact this office by April 10th in order to arrange an inspection date and time convenient to all parties and avoid criminal action. cerely, Ro in C. Giangregono Zoning Enforcement Officer J:\Illegal Apart=tsU Beth lane Ouber.DOC Certified Mail 7003 1680 0004 5458 3718 4 ,8 5 LAna0, �}cn5 LA � Z `ea� Cyr, c� n pGper 'For On Qpa6jrv,e6t, �o reyv� �or 55c� a �c,n�h . t was loa �/r7 �a we's � 'or so 1 Cade . whe.h 2 Ski Nicked Ue ayld IneQ�dl I�er U©gee 4 neA wino t was, cu 13 r6crn �la,x �a� ��ro b�,z tv ki h2t be�P,,oe abov� 4-h15 Pay LAl -��car aP�. c�l�ctded LVovn 6 (�6 4.Y7d Cep S`O:r�e ►�l �oY 'MG1�l�n , S�2 p �� m� 4kC1 f �r1Q C4�Ct� �1 2n� ri�� Cl t v l i 4\(Z\L)e ZI rCaa J oov n Gv-� 0+ the 0,0. nQ+ I�c�a\ �� be a^en$ed nor ho�IG houe 13 - LA c ! l 1/1Vg,STI�Qie� OY��,Q, �9Q1�'1 . T�Q n k Y ow T fill) yrel�� a � k 17 1 o ►, 1� G`� a+1 ". r st":• y x,�,i�y.L a e .}�? 4+ � h, ��„a t$ • ', Appeal or Permit No:%f 200803928Appeal "Status Pending �,.> a�Fa a€ •�' ` ' ' r4� sc* ' M. f App�licjint -:Zapounidis Sawas L. t n—p_ � � l $ ° Ad&2- 9 Beth Lane � `" r r Village Hyannis MA 02601 .,.. 6f ( �#;. 4$gs .. G�'s� � �5� n`�s.. All,Received ap Par # 273199 � � A 1pyDec�sion r .1a '� `-Nois teirted family apt app 7/08,never submitted. See file � 8/08 letter sent to submit bldg per app by 10/24. NoWM ,�„ponse. Memo to TP 10/30 re status&owner in apt--Tom c d he spoke with atty,said they need to submit fam apt �s _ n oseI lication 11/20/08 Tncia Gisleson 508 326 9326,was in,t _ � .M1 a ,�� i e g � � o � o �� s �I � � �� " x � � � x t � � l �� X � � � _ -- rr File 'Edit Tools Help Fin,T� ikk—ca- If F;g� 1. --_-- -- --- A licatilon Ref Pro e Activiocation PP 1 tY 200702847 P 1 ROOF- RESIDENTIAL 9 BETH LANE 200803928 e K Pf 2�5 r-� FAMILY APT WJCON,STRUCTION 9 BETH LANE 200804311 6XPIebb WINDOWJSIDIN,G RESIDENTIAL 9 BETH LANE 2010012.55 6�K PI P-Gt WINDOWJSIDING RESIDENTIAL 9 BETH LANE 66120 w 1 K'N w S CONVERSION HISTORY PENTAMATION 9 BETH LANE 73018 CONVERSION HISTORY • R�SrU� i ' i . f 1 Search JFdter 'Record a File No.: 34864 Client: Attorney Ralph V. Phillps Deed Book: 3339 Page: 71 Owner. Barbara T. Duber Plan Book: 271 _Page: 84 Lot(s): 50 Applicant: Barbara T. Duber Plan No.: of iLot(s): Census Tract No: None Available Assessor's Plan: Lot(s): MORTGUGE INSPEICiT I0N PLOT PLAN B A R N S T A B L E N/F Conway Studio Vder construction) Lot; 50 16,651 S.F. N 00 O �. O 42�_' + 1 Stac� Lot 4 5 �welll 9 No• 9 +, �� f 41 116.29' BETS LANE Date: 1 1/3/8 7 Scale: 1 "=40 ' I CERTIFY TO ATTORNEY RALPH V. PHILLIPS, FIRST FEDERAL SAVINGS BANK OF AMERICA, .AND ITS TITLE INSURANCE COMPANY, THAT THERE ARE NO VISIBLE EASEMENTS OR ENCROACHMENTS EXCEPT AS SHOWN AND THAT THIS PLAN WAS PREPARED UNDER MY IMMEDIATE SUPERVISION . THE LOCATION OF THE DWELLING AS SHOWN HEREON 'IS IN COMPLIANCE WITH THE LOCAL. APPLICABLE ZONING BY-LAWS IN EFFECT 44HEN CONSTRUCTED WITH RESPECT TO HORIZONTAL DIMENSIONAL REQUIREMENT' . THE DWELLING SHOWN HEREON DIES NOT DES LAURlERS&ASSOCIATES, INC. FALL WITHIN A SPECIAL FLOOD HAZARD . 1256 Park Street,Suite 202,Stoughton,MA02072 ZONE AS SHOWN ON A MAP OF COMMUM I TY _ 1-800-553-6555/(617)559-8028 NUMBER 250001C DATED 8/19/85 BY -`THE " , F .E .M.A. er�'�� ur . WIT - NOTE: STUDIO UNDER CONSTRUCTION IS ;e ED` ARD ENCROACHING OVER WESTERLY PROPERTY rno.0 .31 no �a �� o to LINE . ; -1 �o GENERAL NOTES:(1)The declarations made above are on the basis of my knowledge,information,and belief as the result of a mortgage plot plan tape survey inspection made to the normal standard of care of registered land surveyors practicing in Massachusetts.(2)Declarations are made to the above named client only as of this date.(3)This plan was not made for recording purposes,for use in preparing deed descriptions or for constructions.(4)Verifications of property line dimensions, building offsets,fences,or lot configuration may be accomplished only by an accurate Instrument survey. u k , Ew Fuji { \ � \ � c tt r N v�s 'ram � S � r.. } $ �, s w y k \, 1. o f E 3\} \ € �4 IMPORT Ai : s + h. i ' .%�' �•I.';.� "� a 3 �. � $A �� + of , f _-N o�FFEND ens BAR 76155 TOWN OF ADD I F OFFEND BARNSTABLE Mug Z CODE { oc //�"I+ 664/ - ! pR �Y MV1MB REGISTRATION NUMBER • alrA3.413:. U.. Vt'. ' I d I .639• W TIME AND DATE OF VIOLA TIO OF VI Z NOTICE OF (A.M P.M.)ON —� ;20 O d�An2 ni _jQ SI URE Of ENFO IN S N • E flCIN� � , BADGE N0. y ; t VIOLATION ' I ✓ o , I OF TOWN I HEREBY ACKNOWLEDGE R EI F CITATION X a ORDINANCE E?Unabie to obtq!'p Signature of ender. J Date mailed f!ri-'d ! THE NONCRIMINAL FINE FOR THIS OFFENSE IS iLLJ OR- YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD.TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. to REGULATION ((1)You may elect to pay the above fine,either by appearing in person between 8.36 A.M.and 4:00 RM.,Monday through Friday,legal holidays excepted LLJ 6etore:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money.order or stal note to Barnstable perk,P.O.Box 2430, -j i Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. CL ! . tt If you desire to contest this matter in a noncriminal proceeding,yy ro0 maayy do so by making written request to DISTRICT COURT DEPARTMENT FIRST 9RNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE;MA 02630,Attu:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or D you fall to appear for the hearing or to pay any fine determined at,the hearing to be due,criminal complaint may be Issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment In the amount of$ Signature Postal C ? S ■ , � C3 C3 C3 MAILT. RECEIPT CO Provided) r9 a I fv �� fl.i tru ll bS Ln L. Ln rri M. Rl Postage $ 0 C30 O C3 Certified Fee C3 .� p�C3 C3 "'�'� p Return Receipt Fee Postmark (Endorsement Required) Here r0-3 C3 Restricted Delivery Fee (Endorsement Required) D � � C3. 0 Total Postage&Fees $ C3 C3 C3entTo NN ....... ............. orPOBoxNa __....�._...__....._.- ... City Slate ZJP+4 OS For :rr June 2002:. I °FtME>•�,, Town of Barnstable Regulatory Services * BnaivsrABLE ► Thomas F.Geiler,Director �p .q i6 3 ♦0 rE16 9. Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 April 3, 2006 Dorothy Burgess,Tr SAM Realty Trust 9 Beth Lane Hyannis,Ma 02664 Re: Illegal Apartments Property ID: Map 273 Parcel 199 Locus: 9 Beth Lane,Hyannis Dear Mr. Aubrey: A recent review of our records, including the permitting history and the Zoning Board of Appeals records,indicates that the present use of your property located at 9 Beth Lane,is limited to that of a single-family home. You are hereby notified that you must take immediate action to restore the property accordingly. A building permit is required in order to reconfigure the subject space and this work shall be completed by May 1,2006. Because our file identifies as many as three units at this location it is necessary for us to inspect the property before the restoration begins. In addition,you should know there is an appeal process available to you. If you choose to explore this option we will happy to discuss this matter with you but be assured that your failure to comply with this notice or file for appropriate zoning relief with the Board of Appeals will result in a $200.00 fine. Please contact this office by April IO h in order to arrange an inspection date and time convenient to all parties and avoid criminal action. cerely, RoTbin C. Giangregorio Zoning Enforcement Officer JAIllegal AparhnentsU Beth lane Ouber.DOC Certified Mail 7003 1680 0004 5458 3718 . 0 The Town of Barnstable MAM• swa�vsrnstE. Department of Health Safety and Environmental Services ''tFo r�r•+' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-8624038 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 3,2000 Mr.Zavas Zapounidis 9 Beth Lane Hyannis,MA 02601 RE: 9 Beth Lane,Hyannis,MA(Map#273/Parcel#199 Dear Property Owner: A review of our records,including the permitting history of 9 Beth Lane,Hyannis,MA,as well as the Zoning Board of Appeals records indicates that the use of that address as anything other than a single- _ family home is illegal. You are hereby ordered to discontinue the use of the above referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within 14 days of your receipt of this letter. A building permit must be applied for to redesign the layout to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose,we will be more than happy to help you. If we do not hear from you within the 14 days,we will be forced to seek criminal action against you. Very truly yours, Gloria M.Urenas ZONING ENFORCEMENT OFFICER GMU/kl q-forms-000203a Town of Barnstable P Regulatory Services 9S hUss. Thomas F.Geiler,Director �p i63y. QED 39. 6. Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 ?Ar�P113, 2' 006 Dorothy Burgess,TR SAM Realty Trust 9 Beth Lane Hyannis,Ma 02664 Re: Illegal Apartments Property ID: Map 273 Parcel 199 Locus: 9 Beth Lane,Hyannis Dear MS Burgess: I am disturbed to find that you have not communicated with me since my site visit on April 20th At that time,I left instructions for you or an authorized agent representing the trust to advise me of your intentions regarding the two illegal apartments. You were to review your paperwork and assess your options accordingly. Please know that I do not want to assume that you have no intentions of cooperating. With this in mind,I advise you that it is absolutely imperative that you inform me of your intended course of action by June 7a'. Be assured that failure to notify me will result in ordinance citations and possibly criminal action. I anticipate your timely response and look forward to working with you to resolve this issue. Sincerely, Robin C. Gia i egorio Zoning Enforcement Officer JAIllegal ApartmentsV Beth lane Ouber.FOLLOW UP LETTERDOC.DOC Certified Mail 7003 2510 0002 6228 2573 EVE t� Town of Barnstable Regulatory Services BAMSTABLE' Thomas F.Geiler,Director 9�''OrE1639n. ,O� Building Division Tom Perry Building Commissioner— 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 April 3, 2006 Dorothy Burgess,Tr SAM Realty Trust 9 Beth Lane Hyannis,Ma 02664 _ Re: Illegal Apartments Property ID: Map 273 Parcel 199 Locus: 9 Beth_"L—aneHyann s Dear Mr.Aubrey: A recent review of our records,including the permitting history and the Zoning Board of Appeals records, indicates that the present use of your property located at 9 Beth Lane,is limited to that of a single-family home. You are hereby notified that you must take immediate action to restore the property accordingly. A building permit is required in order to reconfigure the subject space and this work shall be completed by May 1,2006. Because our file identifies as many as three units at this location it is necessary for us to inspect the property before the restoration begins. In addition,you should know there is an appeal process available to you. If you choose to explore this option we will happy to discuss this matter with you but be assured that your failure i to comply with this notice or file for appropriate zoning relief with the Board of Appeals will result in a $200.00 fine. Please contact this office by April 10" in order to arrange an inspection date and time convenient to all parties and avoid criminal action. cerely, Ro in C. Giangregorio - Zoning Enforcement Officer JAIllegal Apartments\9 Beth lane Ouber.DOC Certified Mail 7003 1680 0004 5458 3718 4 RESIDENTIAL PROPERTY MAP N.O. LOT NO. FIRE DISTRICT SUMMARY STREET 27.3 199 9 Beth Lane Hyannis ' LAND S p OWNER H, BLDGS. TOTAL Q RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: �J D.L. #50 LAND D �y BLDGS.haslte7 • TOTAL O LAND —C82'pint$�',�.•.4o&sph W.Pw-f-T L*...�wo. -- -- �;,�yr� - -03 • 8$C BLDGS. `�J rn , So TOTAL p p LAND BLDGS. • • . TOTAL ILL LAND " BLDGS. . 01 TOTAL `Oube'r,/Barbara_ T. _ 8 7 81 3339 71 A150,000) LAND BLDGS. / FouNpAf/o y NA / J L$ .ter TOTAL ' LAND No cIIJaN -- Z o G O/il i ! fl L S�o F �� alBLDGS. TOTAL LAND INTERIOR INSPECTED: BLDGS. /�Yb,' Cays7' TOTAL DATE: 3 / LAND ACREAGE COMPUTATIONS Ile4 Of BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE — TOTAL OUSE LOT (Ool Q J O O G O 6,2 O O LAND LEARED FRONT fix'Z, j' - O BLDGS. REAR TOTAL /GODS&SPROUT FRONT LAND REAR BLDGS. PASTE FRONT ol TOTAL REAR LAND BLDGS. O1 TOTAL LAND BLDGS. OI LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH 96 FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY NO RD. I ,,, BLDGS. bne—Walla r,/ Fin. Area Both Roomv a/ Base LAND COST " Bsmt �/' ✓v ;one.Blk.Walls 8smt.Rec.Room St.Shower Bath BLDG.COST /=G/ ✓ . PORCH. DATE one.Slab Bynt.Garage St.Shower Ext. Walls PURCH.PRICE. trick Walls Attic Ff.3 Stairs. Toilet Room Roof RENT tone Walls Fin.Attie FVJ1 a/ Two Fixt.Bath �.► Floors iert INTERIOR FINISH Lavatory Extra ;smt. 1 2 3 Sink 1 4 r/r ya Plaster Water Cie.Extra Attie 1-- EXTERIOR WALLS Knotty Pine Water Only rouble Siding Plywood No Plumbing Bsmt.Fin. ingle Siding Plasterboard Int.Fin. Shingles TILING one.Blk. G F P Bath Ff. Heat ace Brk.On Int.Layout Bath Fl.&Wains. Auto Ht.Unit f i Veneer int.Cond. #01Bath Ff.&Walls Fireplace om.Brk.On HEATING Toilet Rm.Ff. slid Com.Brk. Hot Air Toilet Rm.FI. IL Warns. Plumbing ' Steam Toilet Rm.FI.3 Walls Tiling _ Ilanket Ins. Hot Water St.Shower *of Ins. Air Cond. Tub Area Total Floor Furn. ROOFING COMPUTATIONS ' oph.Shingle Pipeless Furn. Q O S.F. Wood Shingle No Heat S.F. tebs.Shingle Oil Burner S.F. late Coal Stoker S.F. Its Gas . S.F. OUTBUILDINGS ROOF YPE Electric sbls+ Flat S.F. 1 2 3 4 5 6 7 8 91101 1 213 4 5 6 7 819 10 MEASURED lip Mansard FIREPLACES S.F. Pier Found. Floor 71 ;ambrel Fireplace Stack Wall Found. 0.H.Door LISTED FLOORS Fireplace / Slits.Sdg. Roll Roofing one. LIGHTING Dble.Sdg. Shingle Roof arth No Elect. DA E us V W / Shingle Walls Plumbing �r lardwood '/ ROOMS Cement Blk. Electric 3 it .sph.Tile Bsmt. 1st TOTAL Q/ Brick Int.Finish P ICED tingle 2nd 3rd FACTOR REPLACEMENT OCCUPANCYM CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL.�VfA^�L. Phy.Dep• PHYS. VALUE Funct.Dep• ACTUAL VAL. )VVLG. 2 3 • 4 5 6 7 8 9 10 r TOTAL Property Location: 9 BETH LANE MAP ID: 273/199/// Vision ID: 21044 Other ID: Bldg#: 1 Card 1 of 1 Print Date:02/03/2000 ' � �r� .* w iptron (-ode Appraised Value Assessed a %ZAPOUNIDIS,SAVAZ BETH LANE ESIDNTL 1010 137,900 137,900 801 ANNIS,MA 02601 RESIDNTL 1010 600 600 Barnstable 2000,MA Accountlt 184419 Plan Ket. Tax Dist. 400 Land Ct# er.Prop. #SR I S I O N Life Estate DL 1 LOT 50 Notes: DL 2 GIS ID: ota .'> - a .,� r.� •.. '; :. 'ate•.' n ` ., <�,; �a. ��" %,z�'� .. .. �•- �' R r. Codel AssessedValue Yr. (,ode Assesse a ue Yr. Code value UBER,BARBARA T 3339/ 71 Q 0 1999 1U101999 1010 137,9001998 1010 137,900 1999 1010 6001998 1010 600 Total: ota 166,2uo 165, is signature ac now a ges a visit y a Data o ector or Assessor Year yp escnption mount -o a Description Number Amount Comm.Int. 1 :e Appraised Bldg.Value(Card) 134,100 Appraised XF(B)Value(Bldg) 39800 Appraised OB(L)Value(Bldg) 600 ota Appraised Land Value(Bldg) 27,700 Special Land Value ............... *COMPLETELY Total Appraised Card Value 166,200 REMODELED 1988.. Total Appraised Parcel Value 166,200 Valuation Method: Cost/Market Valuation ................ NetTotal AppraisedParcel a u 166,200 e ; ermit ID Issue Date type Description Amount Insp.Date Yo Comp. Date Gomp. Comments Date ID urposelRestur Yv ft a. Use Gode Description Zone D Prontage Depth units unit Price J.raclor actor Nbha. A d/. otes-AdjISpeciat `acing jaj. nit rice Land value mg a am _KCI U.38 AU AC` o es:10 IBLOU 711TW-W Total ard Land Units UJ81AUarce ota an rea: ota an a ue 7771111, Property Location: 9 BETH LANE MAP ID: 273/199/// Vision ID:21044 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 02/03/2000 Element cla. ch. Description ommercia ata Elements Style/Type o ern ontemp Element Ca. Ch. Description Model 1 Residential Heat Grade C C Frame Type FHS FGR Baths/Plumbing $ Stories 1 2 Stories 14 14 1 Occupancy 0Ceiling/Wall A UBM ooms/Prms FAT BM FHS US 14 Exterior Wall 1 11 Clapboard %Common Wall 2 Wall Height 32 Roof Structure 03 able/Hip 3 Roof Cover 03 sph/F GIs/Cmp 6 2E26 � 2 2 Interior Wall 1 05 Drywall a, MP,u -� ; .. 2 Element Code Description Pactor Interior Floor 1 14 arpet Complex 2 12 Hardwood Floor Adj 18 Unit Location 17 23 eating Fuel 3 Gas 16 Heating Type 5 Hot Water Number of Units C Type 1 None umber of Levels /o Ownership Bedrooms 4 Bedrooms Bathrooms 3 3 Bathrooms '' P 0 Full <.,� .. k,;N �- ,. na 1.Base to 48.00 Total Rooms 10 10 Rooms ize Adj.Factor 0.90887 Grade(Q)Index 1.07 ath Type Adj.Base Rate 46.68 Kitchen Style Bldg.Value New 161,606 Year Built 1980 ff.Year Built 1980 rml Physcl Dep 17 uncnl Obslnc con Obslnc pecl.Cond.Code IIN 0" Spe,l Cond% Code Description Percentage Overall%Cond. 83 ing a Farn IOU eprec.Bldg Value 134,100 i, .s `. EX o e Description LAH Units Unit Price _ r. Dp Rt YoCnd Apr. Value irep- y > DOR Dormer B 16 80.00 1980 1 100 1,100 SHED SHED L 144 4.00 1900 0 100 600 t. r ? Code TtcrOlon LivingArea GrossArea Ejj.Area Unit Cost Undeprec. Value BAS Firs oor , 67,032 FAT Attic, Finished 319 638 319 23.34 14,891 FGR Attached Garage 0 772 270 16.33 12,604 FHS Half Story,Finished 822 1,174 822 32.68 38,371 FUS Upper Story,Finished 396 396 396 46.68 18,485 UBM Basement,Unfinished 0 1,040 208 9.34 9,709 WDK Wood Deck 0 112 11 4.58 513 TtT-G-ros-s-Ftv1Lease Area 2,973 5,5681 3,462 Val: 1619606 oe o F o e , � � � � � � a � � � . � � � � R �� n V � m � �� x , � �� r—�sor� � �. �, _ s" �. Q � F I r. F C 'rr �4 G �c ♦ t G �OEVE r � Town of Barnstable *Permit# 6 / a 0 �P G Expires monthrfrom issue date + HARMSTABLE, Regulatory Services Fee HAM. Thomas F. Geiler,Director ""A�a Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 - Fax: 508-790-6230 - EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number.� �7 :� kq ( —Property Address q P-T la L n. IEJ�Residential Value of Work ') ,coo Owner's Name&Address L oT H q 1 L)c 2 GS S S Contractor's Name I �—r°to—r N`l C3 A�Z"��YI Telephone Number p — �?2—03 al Home Improvement Contractor License#(if applicable) / O Construction Supervisor's License#(if applicable) 20 G ❑Workman's Compensation Insurance Check one: g I am a sole proprietor ❑ I am the Homeowner ® I have Worker's Compensation Insurance Insurance Company Name C-OD_ Workman's Comp.Policy (—e, — 5 9 13 Ise 7 x 9 5's !�i 0 Z Permit Request(check box) ❑ Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roofl ❑ Re-side [.� Replacement Windows. U-Value .33 (ma imam.44) ❑ Other(specify) • required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. Signature 0- Q:Forms:expmtrg Revised121901 r �7s��7� z2 � ��/�7e=� 5�15� �� f ��-� �a�{ � for such Permit shall be made in writing to the Inspector bef n for the Permit shall include: of the work to be performed; of the building; and f the persons for and by whom the work is to be done. at is issued by the inspector, shall be subject to the express c to compliance with all provisions of the statutes, rules, and rc ing or gas fitting, ay require the applicant to submit a set of construction p, t is required for each building. rm plumbing work shall be issued in compliance with the 1 11 be issued to licensed plumbers only. person seeks a Permit on behalf of a corporation, only t as been granted the certificate to conduct the plumbing bu d who is an officer of the corporation under M.G.L. c. 142, ermit. person seeks a Permit on behalf of a partnership, only I are partners in the partnership under M.G.L. c. 142, § 3 t ,orm gas fitting work shall be issued in compliance with the all be issued to licensed plumbers or licensed gas fitters o: plumber who is ` Town of Barnstable *Permit# a o f THE Tpk Expires monthsfrom issue date H s 110 BARNStABLE, : Regulatory Services Fee 9� MUSS. Thomas F. Geiler,Director sb39•. �m pIFDMA'�°' BuRding D1visloll Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number Property Address . C1 Ea {-4 41�Residential Value of Work S c o 0 Owner's Name&Address Contractor's Na T me t`°1oT N c�£T7A1�-ZYl Telephone NumberQ -ZrT 2'03 O 3 Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one: Zj I am a sole proprietor ❑ I am the Homeowner ® I have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy# �ii� �_ 'y 7 X 9 d Permit Request(check box) ❑ Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roofl ❑ Re-side ® Replacement Windows. U-Value e 3 3 (maximum.44) ❑ Other(specify) • required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. Signature Q:Forms:expmtrg Revised121901 Board of Building Regulations and Standards HOME IOVEMENT CONTRACTOR Registrro + 2640 -F- i;l�` 004 TIMOTHY GENE+ ' timothy deMartin t. 247 N.WORCESTEE Norton,MA 02766 s/ ZZ 1 Administrator License before the eegistration valid for' Board xpin tion date, tndividul use One of Build' g Re if found return to only nsaurton Plac gulatio�s and osto 021 a Rm 13 1 Standards 08 r` No alid Without signature l � e C R vk k Z o �u h z i R .7 1 :-:44 19 y 61; T�! J 0 KEY J i ' l .'n, Pf" O' 'f'C)J� 3. YR F'A El F_ I Ti"311 T i) A C) C) E R I E I f)R i R A III U B E.: S P I .:! ........... L.A N1 E. k-';CIX 1 y�q 1 (-j __lY N! C IA (21 y B') 1 :H:; CC 7C'RC)(" CYTHER L 6CA-) L_(.l N D 4i':40C) FIF I E Ci A L .1 U .11.-, 1 t L I 4 ., 401) L ND, t- SOO o o 1.11: 1"I 'T(-4 X Y R' C'J.1 R R E 1\1'T 1 EE X E M F I 'TA X A19 L.E If C) X EXE1111- . PI.- BETH L(.4 N �ESL' EN L 4 0 0 Ii!U,1 pf L T, C 5 C C 1' 1 1\1 Y.,I L' R- 1 rZ O'l. J.': C)"I"' z! .. .......... .71 r0. j If, FD' -'D AL im.') PC, If .2------------ OFfF1E The Town of Barnstable s�srrsrea�, Department of Health Safety and Environmental Services '�Ec ter" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 3,2000 Mr.Zayas Zapounidis 9 Beth Lane Hyannis,MA 02601 RE: 9 Beth Lane,Hyannis,MA(Map#273/Parcel#199 Dear Property Owner: A review of our records,including the permitting history of 9 Beth Lane,Hyannis,MA,as well as the Zoning Board of Appeals records indicates that the use of that address as anything other than a single- family home is illegal. You are hereby ordered to discontinue the use of the above referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within 14 days of your receipt of this letter. A building permit must be applied for to redesign the layout to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose,we will be more than happy to help you. If we do not hear from you within the 14 days,we will be forced to seek criminal action against you. Very truly yours, Gloria M.Urenas ZONING ENFORCEMENT OFFICER GMU/kl q-forms-000203a HA OF OFFEND R _ _ DAD.76155 4'r � ��' J�.�.� Dnn TOWN OF ADDRESS OF OFFEND ,,A ( —e f i lL BARNSTABLE CITY�J+'"11AT:Z P CODE or[ $ Dfr INE 1D� MV/MB REGISTRATION NUMBER TENSE IIAN\:TAa1X.. 1 \ rt B�eyy. {f{ Ld JABS. 8 ('f)o, ( h * - t nr i - 'f iJ t� f_!) .t LLI �S rfD IAKt J TIME AND DATE OF VIOLATION ,jj 0 TIO OF VIOLA I W NOTICE OF —- rA W/ P.M.)ON. :'D., 20 ((�")r � VIOLATION t SIGN TURE OF ENF`OjiCIgG PERSON E flCING DEPT. BADGE N0. N fly ( c.s f / �G t v o OF TOWN I HEREBY ACKNOWLEDGE RIIEIPT�F CITATION X a ORDINANCE El" Unable to obtain signature of fender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS S Date mailed 02. AL- 07 w W OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. W REGULATION , You ma elect to a the above fine,either b appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holida excepted, Q ( ) Y pay Y PP 9 Pe Y 9 Y• 9 ys P w before:The Barnstable Clerk,2DO Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. s>' (21 If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. - (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature N OF OFFENDLA RpR'76155 less TOWN OF ADD ESS f OFFEND �3' - af1 iq, MVIMB REGISTRATION NUMBER USE (i&fjC ' v1 t' C LU a TI E AND DATE OF VIOLA TIO OF VI Uj Z NOTICE OF (A1 1 P.M.)ON -,'t 20() a�F-1Y�2 �t a SI URE OF ENFO IN N E RCIN�ip j , BADGE N0. N �II VIOLATION l �t ✓ o 1 OF TOWN a I HEREBY ACKNOWLEDGE R EI F CITATION X a ORDINANCE 2"u-nable to obtai signature ofro ender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS S - Date mailed lv�d l a OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD.TO DISPOSITION of THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL w DISPOSITION WITH NO RESULTING CRIMINAL RECORD. to REGULATION a (1)You may elect to pay the above fine,either by appearing in Person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays exce y t before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk RO.Box 2430, a (Hy))annis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DyATE OF THIS NOTICE. 132ARNSTABLE DIVISION,COURT to contest this eCOMPOUND,r Ina noncri InalMAINrS REE BARNournSTABLE,bMA DISTRICT0269g0 AtOnen21 D Noncnmiall Hearings and enclo DEPARTMENT,py of the citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or ff you fail to appear for the hearing or to pay any fine determined a;the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of$ I --Signature ' • CERTIFIED MAILT. RECEIPT C:I r�� t7 a For delivery information visii.our website at wwvv.usl1----�0M. ' rq r-9 rq ru Ln rU ru u7 Ln Ln fT 1 m. m Postage $ C3 .�� C3 C3 C3O Certified Fee C3 C3 C3 C3 ^ Return Receipt Fee Postmark p C3 _ (Endorsement Required) Here C] C3 0 Restricted Delivery Fee r=I rR r-1 (Endorsement Required) co - co cc C3 , _�_ C3 C3 Total Postage&Fees $ O �� C3 C3 Sent TO C3 o 0 �` N N 3`tieez%7pCNo.;" .- ------- ------------------------------- orPO Boxft. - -C ......_�._._.._...._....._.._.ily SYate,Z/P+4 ....................... OS Fo'im :rr ri �r r yq WWII 10/ L ':: ram, £ ,$ A r'>^ "fir ARM fly"j �r Koi l 'pax �"'m.'- 14 gym, F11 I TT MIN 1 an a £ AT loll SIR ANY qmdgm E � v v 1 ,F.Mfp sa , sl �v v u r 3 t , E ;4 ?E L� r 3 f is { ea _ �3 ^ u P E 'Y s P , . a y : N Me 3 � y 4 f a. Y G` »xw 4 S 3 r a: s nyP�• t 4 E r 3 3 s d �• ?� a",; !''�.� is x g a Wa. v 8� anow s .. x �J§F? FIT Aq w r 3 ® , ! ,3 r; ,,. as€ ,a 3X�' Ki s II v � a a ! r j y¢ s Nall: 11 � " 1 ue > un °x 1 Ssfsc fSk ,may�� ; 5 r� e� � � ;' ➢ $d-` T � � 1's " F ow 9f E �O Of S "- I 3 ...x sm �§>< '�•a u -10 � "irr ,E� � � Yam• � RE�# ,x ax Ear l mom 5a• g eS G K1� G p � t �a f � r :3��...: `� � ,3 � `,°�,�.—..""""Ww�,�� ¢�•�� -- �', � � .'sx alb v -ti t• � ��r`"'" �,. � -ter' ,. - „. >��,rUz ��.� r gg R 3 y. a 3 a' 10/30/07 v �_ � w• cog - �yy r. i 3" a ° �n 10/30: 0 aAll�. 1 i� � al Y Y`. � 3 f S ,y I � c 1 ,AA 3 f� i e ; Receivedby Date THE,To�♦o TOWN OF BARNSTABLE OFFICE OF !1!�N i BARNS TA P BOARD OF HEALTH i639' 367 MAIN STREET 0110 HYANNIS. MASS. 02601 October 26, 1989 Barbara Ouber 9 Beth Lane Hyannis MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, . SANITARY CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property owned by you located at the apartment at 9 Beth Lane, Hyannis, MA was inspected by Jerome Dunning, Health Inspector for the Town of Barnstable, on October 25, 1989 because of a complaint. The following violations of 105 CMR 410. 000 State Sanitary Code II, Minimum Standards of Fitness for Human Habitation were observed: Regulation 105 CMR 410.190: Insufficient hot water provided, temperature of water only 57 degrees farenheit Regulation 105 CMR 410.200: Insufficient heat provided, temperature of habitable room only 58 degrees farenheit. Regulation 105 CMR 410.482: Smoke detector inoperative at time of inspection ( 10:00 A.M. ) Regulation 105 CMR 410.450: No second means of egress observed. The above listed violations are also listed as violations of 105 CMR 410.750 as conditions deemed to endanger or impair health or safety of the occupants and must be corrected within twenty-four. (24) of receipt of this notice. You may request a hearing if written petition requesting is received by the Board of Health within seven (7) days after the date order is received. However, these violations must be corrected regardless of any request for a hearing. Non-compliance may result in a fine of up to $500.00. Each day' s failure to comply with an order shall constitute a separate violation. PER .ORDER OF TH BOARD OF HEALTH Thomas A. McKean Director of Public Health cc: Hyannis Fire Department Building Department TM:cst Property Location: 9 BETH LANE MAP ID: 273/199/ Vision ID:21044 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 02/03/2000 011 7, aMq X'p Element Description Commercial Data Elements Style/ rype o ern on emp ement Ud. Ch. Description Model DK I-UK 1b I�Al 14 Residential Heat& FHS FGR Grade )C C Frame Type 8 Stories 2 Stories Baths/Plumbing BAS 1 t 'AS 14 23 14 14 Occupancy 0 Ceiling/Wall FAT JBM 2BAS 16 Rooms/Prtns UBM FHS FUS — 14 Exterior Wall 1 11 Clapboard %Common Wall 2 all Height 32 Roof Structure 03 Gable/Hip 36 Roof Cover 03 Asph/F GIs/Cmp 26 2E26 2 22 Interior Wall 1 05 Drywall Element t10.a 1,e Description Pactor 2 Interior Floor 1 14 arpet Complex 2 12 Hardwood Floor Adj 18 Heating Fuel 03 Gas Unit Location 17 23 16 Heating Type 05 of Water Number of Units AC Type 01 one Number of Levels %Ownership Bedrooms 04 4 Bedrooms Bathrooms 3 3 Bathrooms 'A w 30 3 Full Unadj.base Rate ".Uu Total Rooms 10 10 Rooms ize Adj.Factor 0.90887 rade(Q)Index 1.07 ath Type dj.Base Rate 46.68 Kitchen Style Idg.Value New 161,606 ear Built 1980 Iff.Year Built 1980 Nrml Physcl Dep 7 FuncnI ObsInc 0 Econ ObsInc 0 �OSpeel.Cond.Code R "'%Pecl Cond% Go de Description Percentage Cond. 83 S— _75m JLUU ing1e eprec.Bldg Value 134,100 Zffl wz o e Description LAU Units Unit Price Yr. DpRr xouna Apr. value Firepl-1/2 Sty B -- T 3,2OU-UU 19NU I IOU zq-/UU DOR Dormer B 16 80.00 1980 1 100 1,100 SHED SHED L 144 4.00 1900 0 100 600 Go de Description Living Area UrossArea Eff Area nzt,c;ost undeprec. Value BAN First F I or ----r,43-6----T,43-6 9 67,032 FAT Attic,Finished 319 638 319 23.34 14,891 FGR Attached Garage 0 772 270 16.33 12,604 FHS Half Story,Finished 822 1,174 822 32.68 38,371 FUS Upper Story,Finished 396 396 396 46.68 18,485 UBM Basement,Unfinished 0 1,040 208 9.34 9,709 WDK Wood Deck 0 112 11 4.58 513 Itt. Gross LivlLease Area 5,56H 3,4621 Bldg Val: 1, Property Location: 9 BETH LANE MAP ID. 273/199/ Vision ID: 21044 Other ID: Bldg#: 1 Card 1 of 1 Print Date:02/03/2000 v %ZAPOUNIDIS,SAVAZ Description Code ppraised Value Assessed value -KES LAAD I0TU_ 27,71 9 BETH LANE RESIDNTL 1010 137,900 137,900 801 HYANNIS,MA 02601 RESIDNTL 1010 600 600 Barnstable 2000,MA Account IF 15441N Plan Ref. Tax Dist. 400 Land Ct# Per.Prop. #SR Life Estate ffDL I LOT 50 Notes: VISION #DL 2 GIS ID: Totall 66,20 j RM 2, ..........SV N ed M r A NIVIKLAM11 Y I JRU b 1 7707/IJ5 U I A Yr. Code Assess Value. -Yr. Code Assessed Value Yr. Code Assessed Value OUBER,BARBARA T 3339/ 711 Q 0 T999TUTU_ 1010 27,7N 1999 1010 137,9001998 1010 137,900 1999 1010 6001998 1010 600 70 ota 166, ota:, 165,70 Year lypelvescription Amount o e escription Number 5 mount Comm. nt. I Appraised Bldg.Value(Card) 134,100 Appraised XF(B)Value(Bldg) 3,800 Totall Appraised OB(L)Value(Bldg) 600 Appraised Land Value(Bldg) 27,700 01 Special Land Value "UJK IN/b 11515... ................ *COMPLETELY Total Appraised Card Value 166,200 REMODELED 1988.. Total Appraised,Parcel Value 166,200 Valuation Method: Cost/Market Valuation ................ etTotal,Appraised Parcel Value ---166-,2W 4A Permit 11.) issue Date lype Description mount Insp.'Date %Como. 'Date �owp. Comments ate ID Cd. PurposelResult B3M8 12/1/87 AD 15,000 _TTI3799�____TUU HYAUD'N 1/15/89 ME_ ,U# Use Go de Description I zone ID JProntage Depth units unit rice 1.Pactor Y.1. U Pactor b d. Adj. I IVOWS-Adjl3peczal Pricing A I nit Price an Value I l0liff—S-in—glTeFarn RUI 4 U.38 AU 19INTU-----FU 5 1.00 5UA-C- 0.40SPUL(.38,UIU)Notes:IUIBLDG----rZg" 27, Total Card and Unit AU Parcel Total an Area: Wfal ,an Valu 279700 a1A �/ 2 �pF1HE, Town of Barnstable *Permit# (0 6 a o y�P Expiresil monthrfrom issue date Regulatory Services Fee 9 uAss Thomas F.Geiler,Director �A s639•• �� . 'EDMA�`p Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 - Fax: 508-790-6230 - EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Q Not Valid without Red X-Press Imprint Map/parcel Number r? � q f _ `70 Property Address q f!_T W L ri. Residential Value of Work 5 jago Owner's Name&Address c-T yi`? 1 L�c G f S S 0 Contractor's Name' Telephone Number Sp .-2?2-03 al Home Improvement Contractor License#(if applicable) o Construction Supervisor''s License#(if applicable) d !!X 7d G ❑Workman's Compensation Insurance _ Check one: I am a sole proprietor ❑ I am the Homeowner ® Ihave Worker's Compensation Insurance .Insurance Company Name Workman's Comp.Policy ��q_� rf S� Permit Request(check box) ❑ Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roo fl ❑ Re-side [� Replacement Windows. U-Value e 3 (maximum.44) ❑ Other(specify) + required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc.. Signature Q:Forms:expmtrg kevised121901 \ �• o 31. �► s Q 1 0 \�I l\ c?�cs 'LN Sk . 177aO Ps 1.70 01.18.803. Lc)--:._0,-�-2U,0 s ACCEPTANCE OF OFFICE OF TRUSTEE I, GEORGIA THEODORIDOU MARMANIDIS hereby accept the r office of Trustee of the S.A.M. REALTY TRUST. � n GEORGIA4THEODORIDOU MARMANIDIS` v 4 COMMONWEALTH OF MASSACHUSETTS (dc_ : .. Hart .tavle, SS �f' f,� �-t ,2003 Then personally appeared the above named GEORGIA THEODORIDOU MARMANIDIS and acknowledged the foregoing instrument 'to be her free act and deed, "�" 141011„%�, before me, ,.�► •� Notary Public Vd , a� My commission expires: MEUWw'F JUXR ..� �vorurc wooweaoMo�n�sa�so MASSACHUSETTS 861,T G11 r i BBI09 DEED HU r yUSJ C0146459 HARRY V. BURGESS and DOROTHY I. BURGESS 8ARN5T �LE LHIJU L'UUkT ktGl5lk''f of Yarmouth Caril;La a County,Massachusetts, being&W-warried,for consideration paid,and in full consideration of $1.00 grant to HARRY V. BURGESS and DOROTHY I. BURGESS as Trustees of H.V.B. and D.I.B. REVOCABLE LIVING TRUST, dated November 4, 1997 Of Yarmouth, Barnstable County, Massachusetts with qultriatm rourtlailte at 54 W. Great Western Road the land in Yarmouth, in the County of Barnstable and Coim. onwealth of Massachusetts, bounded and described as follows: (Description and encumbrances,if any) SOUTHEASTERLY by Great Western Road, four hundred sixty and 10/100 (460.10) feet; SOUTHWESTERLY by land now or formerly of Crowell Construction Inc., three hundred fifty and 07/100 (350.07) feet; A NORTHWESTERLY by land now or formerly of John G. Sears III et al, four hundred sixty and 16/100 (460.16�feet; NORTHEASTERLY by said land now or formerly of Gil rt H. Dauphinais et al, three hundred fifty and 42/100 (350.42) feet. All of said boundaries are determined by the Court to be 5 located as shown on a plan drawn by Edward E. Kelley, Surveyor, dated September 1, 1978, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which will be filed with the original certificate on this decree, on Land Court Plan 40086-A. The Court doth adjudge and decree that said land be brought under the operation and provisions of Chapter 185 of the General Laws, and that the title of said HARRY V. BURGESS and DOROTHY I. BURGESS to said land be confirmed and registered, subject, however, to any of the encumbrances q- mentioned in Section forty-six of said Chapter which may be subsisting. For Title see Certificate number 105060 dated January 3, 1986. Etturao .our.......hand s and seats this...41th................... day of,.,..NRV. .................)19 97,, ?� rBadss t ur e'"' ............................................I............................. ........................................................................... (Dhr (Avulmanwralth at filaw"lluartto Barnstable SS. November.4, ig 97 Then personally appeared the above named HARRY V. BURGESS and DOROTHY I. BURGESS, as Trustees of H.V.B. AND D.I.B. REVOCABLE LIVING TRUST. and acknowledged the foregoing instrument to be their free aCt-gnd deed before me ............" . ... ... .. P,� J• , Not Public— 0 My commission expires loeex (*Individual--joint Tenants—Tenants in Common.)C WITER 183 SEC.6 AS AMENDED BY CIIAPTER.I97 OF 1969 R lY 1 Every deed 1,tescitted for record shall contain or have endorsed upon it the full name,residence and post office address of the Ip.uuec- and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not delivered fat a specific mon lacy sum.The fill consideration shall mean the'total Full fill the conveyance without deduction Im any liras or ell ihrmres assonic l by file grantee or remaining Ihcreso. All such cs orsen+cs<ts nod recitals shall he ruoAII'd M purl of the FAII!re to comply with this section shall not affect the validity of any deed. No fel;ister ul dmis shall accept a dcrd for l,vnling unless it is in compliance with the recprirenicnis of this section. 611 nt `F Cc.:�,� q 0 0 a--f4 BARNSTABLE REGISTRY OF DEEDS Name: Jerry Location: 9 Beth Lane ' Date: Oct. 23, 1989 Hyannis ; Complainant: Tim. Kelley Telephone Owner's* 775-2876 Y�. Problem: The owner of { •. property Barbara Ouber turned off the utilities . since Saturday. ,- The Apt is located-around the back. No number on,,' door a •fit G ' i^ J X-PR Town of Barnstable *)Permit# 0�3,1j Aires 6 months from issue date IT Regulatory Services Thomas F. Geiler, Director PA TOWN b Building division sLE Tom Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www,town.b arnstab l e.ma.us Office: 508-862-4038 Fax: 508-79.0-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Nol Valid without Red X-Press Imprint Map/parcel Number Property Address � �c�� r`� l`t�/li67n0 -- — Residential Value of Work 1710 Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address Z��.,►:c2 5 �J� 7rwg Contractor's Name_ �Qk66A� Telephone Number 774` �nq,. / — Home Improvement Contractor License# (if applicable) 1 L� 7(2 L( ❑Workman's Compensation Insurance Check one: [ I am a sole proprietor I am the Homeowner I have Worker's Compensation Insurance Insurance Company Name Workman's Comp. Policy# �� Copy of Insurance Compliance Certificate must be on file. Permit Request(check box) �&Re-roof(stripping old shingles) All construction debris will be taken to C t55d ❑ Re-roof(not stripping. Going over existing layers of roof) Re-side of ® Replacement Windows/doors/sliders. U-Value �! (maximum..44) *Where required: [ssuance of this permit does not exempt compliance with other town department regulations,i.e. Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License is required. SIGNATURE: y � aninao�zurra� a��/�aclivael� - - t Board of Building Regulations and`itA-i ras HOME IMPROVEMENT CONTRP.0 i:�R License or registration valid for individitl�i�c'only before the expiration date. If found retui n(b: Registration 147624 Board of Building Regulations and Sta"'d- i)._xpiratwn 7/25/2009 Tr# 132193 : 'Onc Ashburton'Place Rm 1301 t Type Individual 'I BOStOn,,Ma.02108 .y SAM NA00M I SAMUEL NAOOM. r r 561 COTUIT RD. . MASHPEE MA 02649 Adinnnstrator Not valid without signature f, L The Comm nonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street RostoM, MA 02111 www_mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers A Brant Tnformation Please Print Le6bIY Name (Business/Orkauizaiionflndividaal): YAM ►y/�w� Address: 101 CG„�w�- City/State/Zip: - /�c, D 26 7935 Are you an employer? Check the appropriate bma Type of project(required): 1.❑ I am a employer with 4. [] I am a general contractor and 1 6. ❑New construction empama sole proprietor or partner- (full and/or part-time).* have lured the c shlr )ntractors [ Listed.on the at inched sheet 7. g Remodeling 2. lc These sub—contractors have g, ❑Demolition ship and have no employees employees and have workers' wotlang for me in any capacity. $ 9. ❑Building addition [No workers' comp.-maraance comp.rnc'�'1�' 10. Electrical airs or additior rhz tired.] 5. [] We arc a corporation and its ❑ ectr repairs 3.❑ I am a homeowner doing all work officers have exercised their 1l.[]Plumbing repairs or addttom rayself [No workers' comp_ right 6f exemption per MCzL 12-[]goof repairs insurance z t c. 152, §1(4), and we have no �] employees. [No workers' 13.❑ Other comp,insuranc0 required] *Any applicant that r-l=kx box#1 must also fill out the section blow sbowing tbcir workers'corWCaS 4on Policy infom7a.tiorL t Hoimownat who submit this affidavit indicating lbry arc doing all work and thin hire outside contractors must submit anew affidavit indicating sorb tGontraetmrs that chmv-this box moist attached an additional sheet showing the name of the sub-contractors and siah--whciha or not those cr+titics have employers. If the sub{nntraetms have employees,they curt pravi&their workcls'camp-Policy numbcs- I am an employer that is providing workers'compensation_insurance far my employees. Relow is the policy and job vile information. Insuia_nce Company Name: Policy#or Self-ins.Lic.#: tU(A- Expiration Date: k1A fob Site Address: City/Stafdzip:_ Imo{,�l :IUA( Attach a copy of the workers' compensation policy declaration page(showing the policy nnmber and expiration date, Failure to secure covcragc as rcTlimd uradcr Section 25A of MGL c. 152 can lead to the—imposition of criminal penalties of: fine Lip to S 1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a f of up to$250.00 a day against the violator. Be advised that a.copy of this statcmerit may be forwarded to the Office of investigations of the 1DIA for insurance cover& e verification. I do hereby cert&under the pains•andpenaltics ofperjwy that the information provided above is true and correcL Si c Date Phone f- ?7ct QU Q fuel&!use only. Do not write in this area, tb be completed by city or town official City or Town: Permit/Licewe# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3. City/Town Clerk 4.Electric-al Inspector S.Plumbing Inspector ` 6. Other �oFmE'O'�ti Town of Barnstable t :Regulatory Services ELARx MASS. Thomas F. Geiler,Director 'OTE16);9.�a Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder Se—o-4--fl% -rp U S jr , as Owner of the subject property hereby authorize P„iY{ ( b� to act on my behalf, in all.matters relative to work authorized by this building permit application for: (Address off ob Signature of Owner Date Print Name If Property Owner is applying for permit please complete the Homeoamers license Exemption Form on-th:e reverse side. the Town of Barnstable_ ��of t�� .1 Regulatory Services } Tbomas F.Geiler,Director BARNSrABLE, .` MASS, Building Division Tom Perry,Building Commissioner . 200 Main Street, Hyannis, MA 02601 vc'ww.tovt'n.b arnstabl e.ma:us Office: S08-862-4038 Fax: 5.08-790-6230 _ -- HOMEOWNER 'LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number street village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current.exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,-provided that the owner acts as supervisor. 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 perfomring work for which a building permit is required shall be exempt from the provisions of this section(Section 1 om.I-Licensing of constimction Supervisors);provided that if the homeowner engages a persons)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption aie unaware that they are assuming the responsibilities of a supervisor(sec 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, nbilitics of a Supervisor. On the last page of this issue is a form currently used by that the homeowner certify that he/she understands the respon iseveral towns. You may cart t amend and adopt such a fonn/certification for use in your community. A Bk . 177SiO Ps 1_70 01-1880.3. 10-1:0 '-2093. S , 11.:.•�l to bo _ ... ACCEPTANCE OF OFFICE OF TRUSTEE I, GEORGIA THEODORIDOU MARMANIDIS hereby accept the r office of Trustee of the S.A.M. REALTY TRUST. GEORGIA HEOD RIDOU MARMANIDIS` v 4 COMMONWEALTH OF MASSACHUSETTS O [i�Har , SS ��.fie�.L . . /7 � ,2003 Then personally appeared the above named GEORGIA THEODORIDOU MARMANIDIS and acknowledged the foregoing instrument to be her free act and deed, before me, « Notary Public d , My commission expires: A �� T1 .M '►N11 wwrNDUC w Ma2010 e "Bk 17780 Pg 171 #118803 S.A:M. .REALTY T'ROST I; VERNON:- L. BURGESS, do hereby. resign from. the Board of Trustees of .S.A.M. REALTY TRUST, 'to take effect upon. .the recording of this ...in;stru'men-t-. at the. Barnstable- County: Reg st-ty.:'of Deeds. Executed under ,seal .this.. - daY o:#_•:. I1 "' - _ _ - V RNON::' B: •=G.. S,,, Trust;e v: I. _TATt" U`F' 'NEB _jERSEYf.. 'SS. .�;:.. .t ' ;' �..S Then personaljs'Y:. ppeared`tYe'`abgv.e:-named ` Vernon' L. Burgess..and acknowledged .tYj$.�.foregoing instrument to be .his ,free acts' and de before- me -,.; .. ` :N Publi'c' . . c mmissior :.expires: P1d'PARY i?Llel3C STATE OR NWJII MYn ExPires`July , _ W IIV 41574 Bk 17780 Fig 172 #118803 APPOINTMENT OF TRUSTEE I, DOROTHY 1. BURGESS, Trustee of the S.A.M. REALTY TRUST, do hereby appoint GEORGIA THEODORIDOU MARMANIDIS as Trustee of the S.A.M. REALTY TRUST DOROTH I. BURGS , ••<<��+�au '�. TRUSTEE •,�• �GI►M ' , •, .�11 ..Co COMMONWEALTH OF MASSACHUSETTS Barnstable, SS 2003 Then personally appeared the above named DOROTHY I. BURGESs, Trustee of the S.A.M. REALTY TRUST and acknowledged the foregoing instrument to be her free act and deed, before me, Q'6V'0—tq A N ary Public commission expires: J"-r.c E.:'urli Barrie, Notary Public Commonktre,ulth of Massachuse4ts My Cc�n;i:ion Expires 6/4/2004 BARNSTABLE REGISTRY OF DEEDS Bk 20290 P963 i S. A.8. RUL7y 712US7 I DOR07HY I. DURg SS, do hezel.y aez ign kzom. the Boazd o�e 74urteea o/ S. A. R. i2CAL7f 7RUS7, to take eye- ,*ec.t upon .the aecozding o/ t-Aiz .inztaument at the 3 Da4nziag.2e County Regis.�ay o;e Dazdh. lY � 1 � Executed undea zeai th.iz �D ' day o,-, DOROMY I. BU CSS, 7R. S.A.M. R6AL7y 7RUS7. r CONRONWCALM OF MASSACHUS67 7S r Ba.znztagie, SS evy. / Then pzzzonaily appzaaed .the ag.ove-named DOROMY 0 I. [?llRgESS, and acknow.2edged .the loAego.iag iazt4ument to 9.e hez /aee act and deed, 9eZoze. me, I S Comm. eXp,6,Ze,3: 1 two': ..I% i f,��i4tlll�tl�{O% I i I BARNSTABLE REGISTRY OF DEEDS Official Website of The Town of Barnstable -Property Lookup Page 3 of 3 8:30a.m.to 4:30p.m. Related Boards Board of Assessors Owned and Operated by The Town of Barnstable-Information Technology Home Departments&Services I Boards&Committees I Residents&Visitors I Doing Business I Town Calendar I Phone Directory Employment I Email Town Hall I http://www.town.bamstable.ma.us/Assessing/propertydisplayscreen 12.asp?searchparcel=27... 8/6/2012 Official Website of The Town of Barnstable - Property Lookup Page 2 of 3 Model Residential Total Rooms 10 Rooms Appraised Value $106,400 Style Modern/Contemp Heat Fuel Gas Assessed Value $106,400 Grade Average Heat Type Hot Water Year Built 1980 AC Type None Effective depreciation 8 Interior Floors CarpetHardwood Stories 2 Stories Interior Walls Drywall Living Area sq/ft 2,515 Exterior Walls Clapboard Gross Area sq/ft 5,911 Roof Structure Gable/Hip Roof Cover Asph/F GIs/Cmp I Outbuildings&Extra Features-Map/Block/Lot:273/199/-Use Code:1010 Code Description Units/SQ ft Appraised Value Assessed Value GAR Attached Garage 772 $16,800 $16,800 BMT Basement-Unfinished 1040 $22,200 $22,200 FPL2 Fireplace 1.5 stories 1 $4,000 $4,000 SHED Shed 144 $1,600 $1,600 PAT1 Patio-Average 420 $2,100 $2,100 I FOP Open Porch-roof-ceiling 35 $1,800 $1,800 Sketch Legend +Property Sketch Legend 1 B2N Barn-any 2nd story area FPC Open Porch Concrete Floor REF Reference Only BAS First Floor,Living Area FTS Third Story Living Area(Finished) SOL Solarium BMT Basement Area(Unfinished)FUS Second Story Living Area TQS Three Quarters Story(Finished) (Finished) BRN Barn GAR Garage UAT Attic Area(Unfinished) CAN Canopy GAZ Gazebo UHS Half Story(Unfinished) CLIP Loading Platform GRN Greenhouse UST Utility Area(Unfinished) FAT Attic Area(Finished) GXT Garage Extension Front UTQ Three Quarters Story (Unfinished) FCP Carport KEN Kennel UUA Unfinished Utility Attic FEP Enclosed Porch MZ1 Mezzanine,Unfinished UUS Full Upper 2nd Story (Unfinished) FHS Half Story(Finished) PRG Pergola WDK Wood Deck FOP Open or Screened in Porch PTO Patio Q�Print Friendly Contact Director of Assessing Jeffrey Rudziak P 508-8624022 F 508-8624722 8:30a.m.to 4:30p.m. Helpful Links to Downloads Abatements Department of Revenue Exemptions Parcel Consolidation Questions about values Town Tax Rates-FY12 Town Land Use Codes Helpful Maps All Town Maps Flood Insurance Maps Property Maps Contact Director of Assessing Jeffrey Rudziak P 508-862-4022 F 508-8624722 http://www.town.bamstable.ma.us/Assessing/propertydisplayscreen l 2.asp?searchparcel=27... 8/6/2012 Official Website of The Town of Barnstable - Property Lookup Page 1 of 3 Select Language I Assessing Division Property Lookup Results - 2012 367 Main Street,Hyannis,MA.02601 «BACK To SEARCH« f�Print Friendly t I Owner Information-Map/Block/Lot:273/199/-Use Code: 1010 � Owner Owner Name as of THEODORIDOU-MARMANIDIS,GEORGIA Map/Block/Lot G/S MAPS 1/1/12 TRS 273/199/ 9 BETH LANE HYANNIS,MA.02601 Property Address I Co-owner Name S A M REALTY TRUST 9 BETH LANE Village:Hyannis Town Sewer At Address:No Assessed Values 2012-Map/Block/Lot:273/199/-Use Code: 1010 2012 Appraised Value 2012 Assessed Value Past Comparisons Building Value: $214,400 $214,400 Year Total Assessed Value `Extra Features: $44,800 $44,800 2011-$349,300 Outbuildings: $3,700 $3,700 2010-$347,400 !-Land Value: $106,400 $106,400 2009-$374,700 6 2008-$424,500 2007-$465,300 2012 Totals $369,300 $369,300 2006-$450,600 Residential Exemption Received=$88,785 i Tax Information 2012-Map/Block/Lot:273/199/-Use Code:1010 Taxes - --- Hyannis FD Tax(Residential) $827.23 Fiscal Year 2012 TAX RATES HERE Community Preservation Act Tax $70.86 Town Tax(Residential) $2.361.94 I $3,260.03 Salem s History Map/Block/Lot:273/199/-Use Code: 1010 (History: "---- -- - ------- ---.__..._.��._ Owner: Sale Date Book/Page: Sale Price: I THEODORIDOU-MARMANIDIS,GEORGIA TRS10/10/2003 17780/170 $0 t BURGESS,DOROTHY I TR 11/24/1998 11864/076 $0 ZAPOUNIDIS,SAVAZ 11/15/1991 7767/135 $1 OUBER,BARBARA T 8/7/1981 3339/71 $50000 Sketches-Map/Block/Lot:273 1 199/-Use Code: 1010 r oil . W i ! I AS Built Cards:Click card#to view:Card#1 1 Constructions Details-Map/Block/Lot:273/199/-Use Code:1010 Building Details Land I Building value $214,400 Bedrooms 4 Bedrooms USE CODE 1010 Total Improvements Value $233,090 Bathrooms 3 Full Lot Size(Acres) 0.38 http://www.town.bamstable.ma.us/Assessing/propertydisplayscreen 12.asp?searchparcel=27... 8/6/2012 Assessor's map and lot number 1 :.-.. -L ... -:l q q _ _ SEPTIC SYSTEM U Sewage Permix number ......, ,,,,_ �;_ INSTALLS ST �E :j o , WITH ARID LN COMPLIgNCE THE t E It STATE T O W N O F B A R N SI A AN® TOWS 1t Z ,BABBSTADL-E, BUILDINGINSPE i639. INSPECTOR 'eE MA,(a` R' �• f rG APPLICATION FOR.PERMIT TO .. G ....... f c: ��- ✓ ........ TYPE OF CONSTRUCTION ...L . . . ......A. . ............................................... ...................19.1.. " v rt ti .7.,r 1.JC,7, The rsigned hereby applies fora permit according to the following inf rmation, C ,. ....... .... ............................................. yProposel Use . ... .. ... . ..................... .......... s , I , Zoning`.District . ... .F�istrict .. Name`of Owner .......;., ,..�. ............I............ ......Address <... <. '................ Name of Builder ....Address -6/1 ................................................ Name of Architect ... ...... Address ... ...... ,,... .................................... ...............` .......... ....... , .. Number of Rooms ..........� '''' �Q ...•................................... Foundation ............. ........ .......`... ...:...... Exterior ...lam ll � ... ..... ..:..........Roofing ...................................................... Floors ..................Interior I.... ` Heating/ .:. ... a. .................. ;.. FirE?dlr a ,V...... ....... ........ ................ ................................Approximate Cost .............. ......................... :..:. .:..::... . Definitive Plan Approved by Planning Board ________________________________19________, Area ......./ � . .... ...................... Diagram of Lot and Building with Dimensions Fee '.......... �. .....: .............. SUBJECT TO APPROVAL OF BOARD OF HEALTH I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable re arding the above construction. Name ........ .� .. ....... '7 a)STAB IS, ,✓ No 39., kQ...... Permit for ...Welling. ... .. . ............... ........ r Lot k5U.B2th Lane Epans Location .......................................... } ...........................�.......... , yOwner F;iost Cape Cod....:..................... i Frame Type;of Construction .......................................... rPlot . 'A�2 1... , Lot ................................ Sept 1 19» ` Permit Granted ..................... .- .Date-of Inspection ........ .... ' - -'-Date Completed 'a .............. ...19 � -PERMIT REFUSED ................ ...................................... ..... .......................................... ................... .l ^ _ / n ` • •1 T . ....................................................... rApproved ................................................. 19 k L ............................................................................... i .......................................................... .......... ,k5, -y' ,,yam:.:,,�,v ... . 'x„s ;..�.i..Lw:;�:.'.� s�'+�s.o.-.r:•.,..-�� `a Assessor's map and lot number .. .......f .t "1� "� d�~ �C t r�� Sewage Permit number .......................................................... G t> y�FTNET�� TOWN OF BARNSTABLE ^` Z 33MMSMULE, • p NAM 9 BUILDING INSPECTOR 'EOMPYa' :., 14 (42 APPLICATIONFOR PERMIT TO ....... ........................................................ ...... ................................ TYPE OF CONSTRUCTION .°:.?..... -....'.! . a. ...........................19........ r ' TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: �97..... �l"6 e ..la............ �............................................. Location ........ ......... ProposedUse ......... G1!� i%C .. ... / �- ,.. ..... ........................................................ ,� / Zoning District ........................................................................Fire District ................. ...�' !''�.......... Name of Owner �d�� ("..................Address ` +� /C '� ....zl...... ................ Nameof Builder ....................................................................Address .................................................................................... Name of Architect ...................................Address k' ............................................. Numberof Roomsr .......... .............................................Foundation ............. ..ct........ .... - :, ......... ...................................J. ....Exlerior :..........Roofing Floors ..... ... ..........................................................Interior ...............................,... Heating ? ... � —.. . ...........:.........,.......Plumbing ................� /%! --'' ......................... Fireplace ........ ...................................................................Approximate Cost .............. ... LcD.......................... Definitive Plan Approved by Planning Board ________________________________19--------.' Area ....... . ................... Diagram of Lot and Building with Dimensions Fee t' SUBJECT TO APPROVAL OF BOARD OF HEALTH 4"b C. i /t f K 0 I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ........ r/ �r I� �t„ ,�� ...... 19560 Frost Cape Cod A�273-199 No .... Permit for .....D.we 1 1��Fa.............. ........ ............... ...... ............................................. Location .................. Beth....Lane....Hyannis .......... ........ ............................................................................... Owner ...:.....Frost ...Cod.............I............. .... ...... .. ...... Type of Construction .......... .rame....................... .......................................... ...... ............. Plot ....A 2,7.3n;L.9.9.... Lot ...../...................... 17 Permit Granted .......I...........19 77 Date. of Inspect.ion Kzi..........-.719 Date Completed .......................................19 PERMIT REFUSED . . .......................................................... 19 ............................... .............................................. ...................... ..... ..... .. ....... ........... .. ...... ....... ... .................. ..... .... .................................... 0 Approve ....:��........ ....... 19 ................. jo.(A f........ . ............................... ................I...........I.................................................. w r _ ( r ih Q C qj � �y 45 to 0 U Moslem too o Z �..o i Oocri '� n o.o0 b F o rb00 0 to . . CA 01 th zoc, 3 Q \4 tj rym� OD NI �yv 0 1 rn 00 led .o „ q "Y „}•r x'Pup- MORE2 FrE3 .5.. fh*; �Iis- p5`s,,F .cat fig. . '4= „-'.��'.*�,e,es; >r�,r3�,a,, a : i"..�i�yr" ray, +”. r,, .^n:3ih S.f der¢• < 1r K.s.�s: ig + ..� W .a°Y' ,<�...,( ,St. .. s <# x xr -3 .�3-9�� c .. �.Sy �,.=�., \.. k. Krt*£t+„p r..T,{'`�yy S`..r,..r F ,.. 3$ -3. x itr' + s.-'r�.')« -::Y)R t •g'-�.h":'�^a:'>'`r t`i -.:.,,x ;,. t:% c c ,s•C -+ + "S'� # S �5:;. kf'7s �.,i'`, rs`e.,'v:4 � .a .,'; a3 �s'+�b..:, n 'x 'Yt ,,'Sa h.,�;.r a;"'s! zy`?.,�k2 �jvz"y�.��F �.�.r. �y�G".s ti?.+.� < ?--:, ;Sj,"sk...'•lrv-. E4i y F,.-. 'y`4 `43k3yt +�p»..s x.F M, 'k-, -aW.p �.FEE v 1 5r✓� r k„ �.� mr, .,#•_r-n. F � ��-•is s�',�. °y xr�"�''��..*�'v 'a{�^ k w } TOWN OF ,BARNSTABLE,�I.MASS TSHAT A•�.PERMITa'IS,,,H EREBY„G:RANTE.D'fiyTtO �. �., 4"j^'t ip i-¢.',iC t YT,� lr st - '+� +}fir Y ,r y ly i^ ,+sv�r r?:.Pnt ly+�+' i Z r"t'�•r �'y .{{.f�3 yr�y',3}kw't,[�y-tt''�}';.v, �(` ,.�.:<'� �a k�-2 ll 4�,ylr°''F� �°j '+C."~ t �'• °r#r»7t�d fmdst Cage 1Y 1 tCO+ -v:.,•..frx. 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' �n°r )+ S 4 4 v . _ fi` ism Q to APPROXI TE COS A Tis fJFp C ; M,.y t ".£ zxcF+#r r�r.€.,. � F'"og?s4"..s. ,a y da',K ,.r tRtt ^ %�, �.t. ),t'•� .-Y',+• •tr -- { �'. ' �yy� �UY> J I#H:EREBY AGREE,TO CONFOR,M,TO:ALL3THE'RULES'A DEREGULATIONS OF TH4E TOWN �� ;E'• �+~�E C h �:r + .. ..;.+ks _ r>+.. .,... .:.:-a .+ ts�{._:y r t g.r y y.�.t r. �. ;.s �r.* :' 1v. - �•'Y,-� `'q".:.'. >u ,+.o'tp ��yi OAF FBA RN STABLE,'-REGARDING THE ;§ABOVE CONSTRUCTIONry. y fi y k rt 3 fx +r- �.x s k 9 R.--7 + ''-w% : t 5F r r$ 3 .x' Co' M,`'fi J +s, .lay a iw". r y z..J -C...a�G- #�' ,'s'L ` .X }*9{Sr F.:�'"7 5.a*`M�j �`�' ; Y .e• nt''.tP. .3'/l.+i l A A� 4 3 r3 4�r `[" -.. 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V s _ "`-' -_•5z ; .,:,..-: ��*yir „�m`x�+�ltr'�;•�^h �,.�'+�';��'� �y,� ,�e�,,.. +��`,A,.�slr � i�,..c3 r<.t as-�,q. e ,4;:s'sf<'� °f{kt„"k x 1"..'�.`a Y�'�"'� '�.t' t �,--'r� x�a�' t..s.+'- �:,._ j� s_� - +i_��+r:.:.^I `.r13r^Pr''",`i..,a 6,.:�-.+��..I'Fy�*i k'^�',�.�.� 'fits '^gin � a'`'Y-.2;a .' .tr.€ .a�;..�h��'n;�"-1: _.I ,.�r � ,'X�kA��ti;feWr.'!..�:tq�y r.3-�;a 3s• `�.'"� r r 0.00 * 292.00 + 390.00 + 182.00 + 864.00 * Parcel Detail Page 1 of 3 �r Logged In As: Parcel Detail Tuesday, )u Parcel Lookup Parcellnfo Parcel ID 2.73-199 Developeer;LOT 50 Location�9 BETH LANE Pri Frontage 254 Sec Road f Sec 1 Frontage Village HYANNIS Fire District HYANNIS Sewer Acct Road Index 0119 Asbuilt Septic Scan: Interactive 273199 1 Map 3, vs Owner Info owner THEODORIDOU-MARMANIDIS, GEORGIA TRS Co-owner S A M REALTY TRUST Streets 9 BETH LANE Street2 City HYANNIS State 'MA zip 02601 Country Land Info Acres 0.38 use Single Fam MDL-01 Zoning RC-1 Nghbd 0105 Topography Road Utilities Location Construction Info Building 1 of 1 Year 1980 1 Roof Gable/Hip Ext Clapboard Built - Struct Wall Effect A Area 3084_ 1 Roof Cover Asph/F GIs/Cmp T Pe None Style Modern/Contemp] wall Drywall Rooms 4 Bedrooms Model Residential Int Hardwood Bath 3 Full ---._--- _. Floor Rooms Grade Average Heat Hot Water Total 10 Rooms Type Rooms ram, http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=21044 7/15/2008 Parcel Detail Page 2 of 3 x , ° s. tiI EN'T Found- Stories 2 Stories FUei Gas 1 anon Poured Conc. -<.M . Permit History Issue Date Purpose Permit# Amount Insp Date Comn- 11/17/2003 Re-siding 73018 $5,000 6/7/2004 12:00:00 AM 12/1/1987 B31518 $15,000 1/15/1989 12:00:00 AM HY AC Visit History Date Who Purpose 6/7/2004 12:00:00 AM Martin Flynn Drive by inspection only 2/6/2002 12:00:00 AM Paul Talbot Meas/Listed 1/15/1989 12:00:00 AM ME Sales History Line Sale Date Owner Book/Page Sale P 1 10/10/2003 THEODORIDOU-MARMANIDIS, GEORGIA TRS 17780/170 2 11/24/1998 BURGESS, DOROTHY I TR 11864/076 3 11/15/1991 ZAPOUNIDIS, SAVAZ 7767/135 4 8/7/1981 OUBER, BARBARA T 3339/71 - Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parce 1 2008 $271,300 $2,800 $1,200 $149,200 3 2007 $312,100 $2,800 $1,200 $149,200 4 2006 $294,800 $2,800 $1,200 $151,800 5 2005 $260,100 $2,700 $1,200 $137,700 6 2004 $216,800 $2,700 $1,200 $137,700 7 2003 $177,800 $4,900 $1,200 $42,100 8 2002 $177,800 $4,900 $1,200 $42,100 9 2001 $177,800 $5,100 $1,200 $42,100 10 2000 $134,100 $3,800 $600 $27,700 11 1999 $134,100 $3,800 $600 $27,700 12 1998 $134,100 $3,800 $600 $27,700 ; http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=21044 7/15/2008 Parcel Detail Page 3 of 3 13 1997 $136,600 $0 $0 $27,700 14 1996 $136,600 $0 $0 $27,700 15 1995 $136,600 $0 $0 $27,700 16 1994 $124,000 $0 $0 $31,100 17 1993 $124,000 $0 $0 $31,100 18 1992 $141,300 $0 $0 $34,600 19 1991 $170,900 $0 $0 $48,400 20 1990 $170,900 $0 $0 $48,400 21 1989 $84,000 $0 $0 $48,400 22 1988 $59,700 $0 $0 $21,700 23 1987 $59,700 $0 $0 $21,700 24 1986 $59,700 $0 $0 $21,700 Photos http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=21044 7/15/2008 Bw.7767 fAE 128 56942 DECLARATION OF TRUST of SAVVAS L. ZAPWNIDIS '? 1, SAVVAS L. 1.APOUNIDIS, of Hyannis, Barnstable County, Massachusetts, do hereby declare that 1 and my successors in trust hereunder will hold any and all property of every name, nature and description and any interest in any of the same that may now or hereafter be acquired by or conveyed or transferred to me or such successors as Trustees hereunder for the sole benefit of the beneficiaries hereunder from time to time upon the terms, conditions and provisions, and subject to the limitations hereof. 1. Trustee. The term "Trustee" as used herein shall mean the person or persons who from time to time shall be serving as Trustee or Trustees hereunder, and all of the rights, powers, authority, privileges and immunities provided for hereunder for the Trustee or Trustees may be exercised by such person or persons which this Trust instrument shall appear from the Registry of Deeds in which this Trust instrument is recorded to be the Trustee or Trustees at such time. 2. Beneficiaries. The Beneficiaries of this Trust are the persons listed as the benefic- iaries in the Schedule of Beneficiaries this day executed, sealed, acknowledged and filed with the Trustee and his successors and assigns. The beneficial interests of the beneficiaries are as now set forth on said Schedule of Beneficiaries. No assignment or transfer of any beneficial interest may be made with- out the express prior written consent of all of the Trustees and all of the beneficiaries hereunder, except those minor children named as such Beneficiaries. 3. Name. In order to facilitate title references in recordable form affecting any property which may constitute a part or all of the Trust Corpus, this Trust may be referred to as the SAM REALTY TRUST. 4. Trustee as Beneficiary. Any Trustee hereunder may without impropriety become a Beneficiary hereunder. 'e- ; f Town of Barnstable *Pernut# o -7o '`�� Expires 6 months front issue date Regulatory Services Fee ' Thomas F.Geiler,Director �' Building Division - �,. Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 � — www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number Property.Address Ct, �� 6e, P--'4&'snV-k Residential Value of Work f(3 6O D ' Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address �.A y-fl RewAi ScA t ,9 Contractor's Name_�1� � Telephone Number 5 6YP ' /�/''C Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance . Check one: X-PRESSPERMIT ❑ I am a sole proprietor I am the Homeowner MAY — 8 2007 I have Worker's Compensation Insurance TOWN OF BARNSTABLE Insurance Company Name Workman's Comp.Policy# Copy of Insurance Compliance Certificate must be on file. Permit Request(check box) Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roof) Re-side Replacement Windows/doors/sliders. U-Value (maximum.44) *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e. iTit±� servation,etc. ***Note: Property Owner must sign Property Owner Letter of rnjs . �� the ore Im ve ent Contractors License is requ A vk 1ouZ k , opy 0,SIGNATURE: i- C rQ:Forms:expmtrg Revise061306 r , The Commonwealth of Massachusetts Department of Industrial Accidents Office 9f Investigations 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Co�ripensation g�searance Affidavit: builders/Contractors�l glease aPrint i_,e bl A licant information f f Name(Business/Organization/Individual): . J Address: i City/State/Zip: L/ j P Phone.#: riate box: 'Type of project(required):. Are you an employer. Check the appro P 4 I am a general contractor and 1 6. []New construction . 1• I am a employer with. have hired the sub-contractors employees(full and/or part-:.time).* listed on the attached sheet. 7, []Remodeling 2• 1 am a sole proprietor or partner- These sub-contractors have 8• [j Demolition ship and have no employees employees and have workers' 9 []Building addition working for me m any capacity, comp.insurance 1' [No workers' comp.insurance 5 E] We are a corporation and its 10.❑Electrical repairs or additions required.] officers have exercised their 11:❑Plumbing repairs or additions 3. I am a homeowner doing all work right of exemption per MGL 12•[]Roof repairs myself. [No workers' comp. c. 152, §1(4), and we have no 13 Other insurance required.]t employees. [No workers' comp,insurance required.] policy information. pny applicant that checks box#1 must also fill out the section below showing their workers'compensation p Y t Homeowners who submit this affidavit indicatingad additional sheegshowing all work the tam od then tre outside co tor f the suo-contractors and state whether or no hosntrac s must submit anew affidavite entities havech. +Contractors that check this box must attache employees,they must provide their workers'comp.policy number. employees. If the sub-contractors have I am an employer that is providing workers'compensation insurance for my employees. Below is.the policy and job site information, Insurance Company Name: Expiration Date: Policy#or Self-ins.Lic.#: City/State/Zip: Job Site Address: policy number and expiration date). Attach a copy of the workers, compensation policy declaration page(showing the P imposition of criminal penalties of a Failure.to secure coverage as required under nSeec ion 225'A oell as civil penalties in the formad to e o a STOP WORK ORDER and a fine fine up to$1,500.00 and/or one-year imprisonment, as of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office o Investigations of the DIA for insurance covers e verification. I do hereby certify under the pains andpenalties ofperjury that the information provided above is true and correct. Date: Signature: rzo Phone#: official use only. Do not write in tf:is area, tb be completed by city or town official PermitlLicense# City or Town: Issuing Authority(circle one): ent 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 1.Board of Health 2.Building Iepartm 6.Other Phone#i Contact Person: 1. Town of Barnstable / �pFTHE Tp�� y� 0 Regulatory Services Thomas F.Geiler,Director • BARNSCABLE, 1659, Building Division 0 AT fps a Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax_508_790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: J JOB LOCATION: number r� street village "HOMEOWNER, name home phone work phone CURRENT MAILING ADDRESS: F— tol V c /town st to 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. f Signature of Homeo er 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 permit is required shall be exempt from the provisions The Code states that: "Any homeowner performing work for which a building s);provided that if the homeowner engages a person(s)for hire to do such of this section(Section 109.1.1-Licensing of construction Supervisor 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 licensee 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 . Ll S. A. 8. /2EAL7/f 7/2US7 I BO/ OMY I. BURgESS, do heaegy aee-ign 14om. the Boaad o� S. A.t7. /2EAL7Y MUS7, to take ele- 7Pect upon the aecoad ing o/ t-A iz .inztaument at the Baanztagiz County /leg-iztay oe [7eedz. Executed undea Zeai th.i-6 1� clay o�e DOROMY I. Bll ESS, 7R. �f S. A.M. /2EAL7y 7RUS7. r COMONUEALM OF 8ASSACHUSE77S : r �`- Ba.anata4.2e, SS ��"?l�•o-- � � ,2��. / Then peazonaily appeaaed the agove-named DO/ OMY I. /all/2yESS, and aeknowQedged .the loAego-Zng inztAumeni to 9e hea 14ee aci and deed, Aeloae. me, i i S Comm. exp iaeZ: C �- /3, 2-b -M. S a z s +iw I i BARNSTABLE REGISTRY OF DEEDS Barnstable Assessing Search Results Page 1 of 2 Home: Departments:Assessors Division: Property Assessment Search Results New Search "�� SNew Interactive Maps » ®caner: 2007 Assessed Values: GISLESON, PATRICIA M 82 YACHT CLUB ROAD Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $78,100 $78,100 210 /037/ Extra Features: $2,500 $2,500 Outbuildings: $ 1,600 $ 1,600 Mailing Address Land Value: $ 184,100 $ 184,100 GISLESON, PATRICIA M Totals $266,300 $266,300 P0 BOX 172 CENTERVILLE, MA.02632 2007 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $30.50 Fire District Rates Town Barnstable-All Classes $2.10 $6.32 C.O.M.M. -All Classes $1.03 Commei C.O.M.M. FD Tax(Residential) $274.29 Cotuit FD-All Classes $1.34 $5.57 Hyannis-Residential $1.54 Persona Town Tax(Residential) $ 1,016.71 Hyannis-Commercial $2.37 $5.57 Hyannis-Personal $2.37 Other R; W Barnstable-Residential $2.02 Commur W Barnstable-Commercial $1.69 W Barnstable- Personal $1.69 Total: $ 1,321.50 Construction Details Building Property sk Pro e�rty Sketch SI eg I Building value $78,100 Interior Floors Carpet Style Cottage Interior Walls Drywall Model Residential Heat Fuel Gas Grade Average Minus Heat Type Hot Air Stories 1 Story AC Type None http://www.town.bamstable.ma.us/assessing/assessO6/displayparce107map.asp?mappar=21... 6/14/2007 Barnstable Assessing Search Results Page 2 of 2 Exterior Walls Wood Shingle Bedrooms 2 Bedrooms Roof Structure Gable/Hip Bathrooms 1 Full Roof Cover Asph/F GIs/Cmp living area 720 ' Replacement Cost $95206 Year Built 1959 y H Depreciation 18 Total Rooms 4 Rooms `. F Land l3,33' j x',3 , 3 CODE 1010 � Lot Size(Acres) 0.35 Appraised Value $ 184,100 AsBuilt Card N/A Assessed Value $ 184,100 ,�� w"y�View Interactive Maps > Sales History: Owner: Sale Date Book/Page: Sale Price: GISLESON, PATRICIA M Nov 15 1982 12:OOAM 3612/195 $41,500 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL1 Fireplace 1 $2,500 $2,500 SHED Shed 144 $ 1,000 $ 1,000 SHED Shed 96 $600 $600 Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper2nd Story (Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/assessing/assessO6/displayparcelO7map.asp?mappar=21... 6/14/2007 Town of Barnstable *Permit 7�pFttte� r�ti p� Expires 6 months from issue date ,,,M , : Regulatory Services Fee 47O51MAW .039 Thomas F.Geiler Director i639 ,0 A'ED N10` Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 X-P Office: 508-862-4038 Fax: 508-790-6230 V 1 d ZU03 EXPRESS PERMIT APPLICATION - RESID AT JA14PN YI �.. Not Valid without Red X-Press Imprint Map/parcel Number R 73'/ Property Address 9 Z f—T N Lq n`z- P q Ann rS mg Residential Value of Work Owner's Name&Address Contractor's Name Tl/el s-7 / �Aot i r� Telephone Number Home Improvement Contractor License#(if applicable) O _ go Construction Supervisor's License#(if applicable) D 412 d G 7 MWorkman's Compensation Insurance Check one: Eg I am a sole proprietor ❑ I am the Homeowner I have Worker's Compensation Insurance Insurance Company Name Co n I _/) 9,1 j Workman's Comp.Policy# L S '/O X 9 S v 4/O 3 Permit Request(check box) ❑"Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roof) Re-side, ❑ Replacement Windows. U-Value (mum.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. Home Improvement Contractors License is required. Signature ® K I aupffs rkUS?�Gz. Q:Forms:expmtrg Revise053003 I Y � � �6ie �anynzovuaea lugBoard of Building Regulations and Standards HOME IMPROVEMENT CONTRACTOR Registr." {1Dn\-.1.d2640 L.. y W►430.,` ?*004 r� - TIMOTHY GENE {M r"hothy deMartin 247 N.WORCESTE—�Sv a _ Norton,MA 02766 r �- Administrator I s I 4 �F, r Town of Barnstable ti � o Regulatory Services vBAMSWLA$ Thomas F.Geiler,Director XAM `bp, M;�•`` Building Division _ Tom Perry, Building Commissioner. 200 Main Street, Hyannis,MA 02601 Office: 508-8624038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder t �� I, ,— d o 6U :::....._.._..,.as.0ainer.,of the.subject ptopetty ._......_._... .: hereby authorize T manz . bg .. . .to'act on my.behalf,. in all matters relative to wotk authotized,bp.this building permit-application for: (Address of Job) Signature o Owner Date �V J-- 6V OCSS � VST-e�; s� a r�I� T�vs Print Name --- ---- ------- ✓� a MLS Page 1 of 1 TRISHA Gisleson Capewide Realty PO Box 247 Centerville, MA 02632 Contact: Primary Phone: 508-326-9326 Secondary: 508-775-8070 Office: 508-775-8070 Fax: 508-778-0342 E-mail: trishagisleson .yahoo.com Agent ID: UOOP Office ID: CAPW Information has not been verified,is not guaranteed,and is subject to change.Copyright 2006 Cape Cod&Islands Multiple Listing Service, Inc.All rights reserved Copyright©2007 Rapattoni Corporation.All rights reserved. http://ccimis.rapmis.com/scripts/mgrqispi.dll?APPNAME=Capecod&PRGNAME=MLSLi... 5/30/2007 11arcel Detail Page 1 of 3 MIMI 211110 Logged In As: t �C. Wednesday, P 1 il Marcel Lookup Parcel Info ......... ........... ..... ........ _ Developer. Parcel ID"273-199 Lot;LOT 50 Location 19 BETH LANE Pri Frontage,254 Sec Road Sec Frontage - _..._..._ ...... ............_ ......... ................... ......... village,HYANNIS Fire District HYANNIS __..... ............................... ......... ......... ......... ......... ..... Sewer Acct Road Index 01 19 Interactive Map I ?� Owner Info .... . ...... .... ....... ........... Owner BURGESS, DOROTHY I Co-Owner S AM REALTY TRUST Streetl i9 BETH LN Street2 City HYANNIS State MA zip=02601 Country Land Info —9 ..... __............................................ ....._..... ....._ m.... ... _. _. ,.,.. . ...._ ._... .._... .. ..._... ..._... _ . ......,, le Fare MDL-01 Acres'0.38 Use Sin zoning RC1 Nghbd 0105 Topography' Road µ . _............. „_ ............... ..._ Utilities! Location E Construction Info Building of I Year' _........_ Roof I p Ext 1980 °Gable/Hi Clapboard Built Struct i .. Wall ` Effect=3567 Roof AC Asph/F GIs/Cmp None Area = Cover Type ............................ ......... style;Modern/Contempi Wall Drywall Rooms 4 Bedrooms Model ,Residential Int Hardwood Bath 3 Full Floor Rooms. Heat _., . .. .,_. _. Total Grade'Average Type Hot Water Rooms,10 Rooms http://issgl/intranet/propdata/ParcelDetail.aspx?ID=21044 5/9/2007 Parcel Detail Page 2 of 3 =s Heat! Found Fuel - stories 2 Stories iGas ation Poured Conc. " = _Permit History Issue DatePurpose Permit# Amount Insp Date Comrr 11/17/2003 Re-siding 73018 $5,000 6/7/2004 12:00:00 AM 12/1/1987 B31518 $15,000 1/15/1989 12:00:00 AM HY AC - Visit History Date Who Purpose 6/7/2004 12:00:00 AM Martin Flynn Drive by inspection only 2/6/2002 12:00:00 AM Paul Talbot Meas/Listed 1/15/1989 12:00:00 AM ME Sales History. Line Sale Date Owner Book/Page Sale P 1 11/24/1998 BURGESS, DOROTHY I TR 11864/076 2 11/15/1991 ZAPOUNIDIS, SAVAZ 7767/135 3 OUBER, BARBARA T 3339/71 Assessment History __... .. .. ... �..._ _.._. _. - Save# Year Building Value XF Value OB Value Land Value Total Pare( 1 2007 $312,100 $2,800 $1,200 $149,200 2 2006 $294,800 $2,800 $1,200 $151,800 3 2005 $260,100 $2,700 $1,200 $137,700 4 2004 $216,800 $2,700 $1,200 $137,700 5 2003 $177,800 $4,900 $1,200 $42,100 6 2002 $177,800 $4,900 $1,200 $42,100 7 2001 $177,800 $5,100 $1,200 $42,100 8 2000 $134,100 $3,800 $600 $27,700 9 1999 $134,100 $3,800 $600 $27,700 10 1998 $134,100 $3,800 $600 $27,700 11 1997 $136,600 $0 $0 $27,700 12 1996 $136,600 $0 $0 $27,700 http://issql/intranet/propdata/ParcelDetail.aspx?ID=21044 5/9/2007 Tarcel Detail Page 3 of 3 13 1995 $136,600 $0 $0 $27,700 14 1994 $124,000 $0 $0 $31,100 15 1993 $124,000 $0 $0 $31,100 16 1992 $141,300 $0 $0 $34,600 17 1991 $170,900 $0 $0 $48,400 18 1990 $170,900 $0 $0 $48,400 19 1989 $84,000 $0 $0 $48,400 20 1988 $59,700 $0 $0 $21,700 21 1987 $59,700 $0 $0 $21,700 22 1986 $59,700 $0 $0 $21,700 Photos _,...,. _.... . _..._._.. . ... http://lssgl/intranet/propdata/ParcelDetail.aspx?ID=21044 5/9/2007 I Town of Barnstable *Permit# - w-7° ),O LI� DExpires 6 months from issue date o Regulatory Services Fee 16 Thomas F.Geiler,Director Building Division _ V I Tom Perry,CBO, Building Commissioner �- 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL, ONLY �7 S Not Valid without Red X-Press Imprint Map/parcel Number Property Address !/ 1(lv-� Residential Value of Work !J 00 c ' Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address Rebj�w pica Contractor's Name r(� Telephone Number �� Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one: -PRESS PERMIT ❑ I am a sole proprietor I am the Homeowner MAY - 8 2007 ❑ I have Worker's Compensation Insurance TOWN OF BARNSTABLE Insurance Company Name Workman's Comp.Policy# Copy of Insurance Compliance Certificate must be on file. Permit Request(check box) Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roof) Re-side Replacement Windows/doors/sliders. U-Value (maximum.44) *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e. Tm e,. servation,etc. ***Note: Property Owner must sign Property Owner Letter o"r, s opy of the ome Im ve ent Contractors License is reeqqu� �— ,�V4 Joel SIGNATURE: Q;Forms:expmtrg Revise061306 PIT- The Commonwealth of Massachusetts Department of Industrial Accidents _ Office of Investigations a 600 Washington Street v Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information '``` �� Please Print Lezibly Name(Business/Organization/Individual): ,b o �zz Y Address: 1/ City/State/Zip: Are you an employer? Check the appropriate box: Type of project(required):. . am g 1.❑ I am a employer with 4 � I aeneral contractor and I 6. El New construction . employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. El Remodeling ship and have no employees These sub-contractors have g, Demolition 'k d h employees and workers'working for me in any capacity. 9. ❑Building addition [No workers' comp.insurance comp.insurance.t 5. We are a corporation and its 10.❑Electrical repairs or additions required.] 3. I am a homeowner doing all work officers have exercised their M❑Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.[]Roof repairs insurance required.]t c. 152,§1(4),and we have no 13.❑ Other employees. [No workers comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is.the policy and job site information. Insurance Company Name: Policy#or Self-ins. Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. n ,� Signature lS Date: _ Phone#: Of use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Aqr Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the rPceLVPr nr trustee of an individual partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to'operate a business or to construct buildings in the commonwealth for any applicant who has not produced:acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states'Neither the commonwealth nor any of its political subdivisions shall enter into any contract for,the performance of public work until-acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-contiactor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is'being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers.' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all-locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions. - please do not hesitate to give us a call. The Department's address,telephone-and fax number: The.Commonwealth of Massarhusotts Dopaztmemt of Industrial A.Moidonts Office of Investigations 600 Washington-Street BostGn,MA 02H 1 Tel.#617-727-4900 ext 406 or 1-977-MASSAFE Fax##617-727-7749 Revised 11-22.06 wwwmass.gQv/dia wP ' �oF� Teti Town of Barnstable Regulatory Services * BARNSPABLE, Thomas F.Geiler,Director y MASS. ib39. .0� Building Division TFD MA't 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 DATE: JOB LOCATION: �/ It J L'�(/( /T �-- l✓/ /V rs' number street village "HOMEOWNER": 1) Off 0 � r- �!g-5- /C (/ s/il name home phone#,( work phone# CURRENT MAILING ADDRESS: �"614_1_2rly ��!/�� L st to 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 su ep rvisor. 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. 0?1--4 j Signature of Homeo er 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 pemvt 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 . vrhen 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 �F_,�; i I June 2, 2006 2036 Town of Barnstable Regulatory Service � J '`R; #jp� --- 200 Main Street Hyannis, MA 02601 i ATT: Robin Giangregorio RE: 9 Beth Lane, Hyannis Dear Ms. Giangregorio: After the inspection you said you would notify the landlord of what they had to do. I did notify the landlord that there can be no microwaves, toaster over, or any thing that can be used for cooking. Since then, all microwaves, etc have been removed. All cooking is to be done on the outside grill or in Barbara's kitchen. As you explained the regulations to me this makes it legal. The carpenter has been hired to reopen the door between the rooms. I have contacted the amnesty program but at present they have not gotten back to me. Dorothy is not well and is very discouraged by your letter. If this can not be settled without any further aggravation then the property will be sold. If this should happen, it will take another housing rental off the market and another family will be displaced. The landlord is planning on either getting a special permi t for in-law or amnesty program. But until them, according to what you said at the inspection,they have complied with the law. I did also try to call you a few times, but was informed that you were on vacation and would call when you returned. If you have any further question, please notify me. ou trul t •a o 508-775-8070 f , r Date: April 5, 2006 To: Building File From: R. Giangregorio Re: 9 Beth Lane, Hyannis Owner: Dorothy Burgess &Barbara Ouber M&P: R273-199 Zoning: RC-1 District Overlay: GP I spoke to Barbara Ouber on at least two occasions yesterday afternoon. She screamed in my ear almost the entire time. She insists that she has permits for two family apartments and she went through the Board of Appeals process. She is unable to produce evidence of valid building permits. The street file contains the original building permit and a subsequent one for a garage & loft area but both clearly identify the property as a single-family. Apparently, Ms Ouber has a copy of that one because she admitted her copy also identified it as a"single- family". Later, she claimed a building inspector told her that without the stove there is no apartment. She insists that she rents rooms—there is no kitchen because there is no stove. By her own admission, these roommates do not have access to the primary structure. She does not know if they have microwaves or toaster ovens. She stated that they have independent entrances and all work is up to code and is neat and clean unlike the neighbor's property. Mrs. Ouber then reported 1 Beth Lane for having an illegal apartment and accused the town of turning a deaf ear on her complaints of the last three years. She also accused the town of losing all of her permit records including all minutes and documents that would prove she obtained the necessary permits to not only construct the apartments but to use them as well. The records loss must include the alleged P ( g construction permits, the alleged special permits issued by the Board of Appeals for the two family apartments and those documents recorded at the Registry of Deeds.) Mrs. Ouber maintained a confrontational demeanor during both of our telephone conversations. She was abrasive and did not want to listen. She constantly interrupted me and spoke over me. I cautioned her more than once to stop yelling in my ear. We discussed the Amnesty program but she wants a family apartment and a rental unit. She was agitated and disturbed that the town again has questioned her about the apartments because the town lost all of records (pertaining only to the construction and approval of the apartments). According to Mrs. Ouber, this loss occurred twice—the second time occurred when the town offices moved to 200 Main Street. At the conclusion of our last conversation I told her to prove she had the legal right to the two apartments. Subsequently, she called and spoke to Nancy(Building) to check her file for permits and later called Growth Management for the same purpose without the desired results. r I am informed that Mrs. Ouber put the house in a trust in order that she may be eligible to collect public assistant for her adult special needs son. April 6, 2006 Mrs. Ouber called the ZBA sectary to check for the relief she claims. When advised by Leandre Nicolo that the database does not show anything, she wanted to speak to Leandre's supervisor. Tom Broadrick was out today but I advised Leandre that I was working with her and she needs to resolve the issue with me. .m Date: April 5, 2006 j To: Building File From: R. Giangregorio Re: 9 Beth Lane, Hyannis Owner: Dorothy Burgess &Barbara Ouber M&P: R273-199 Zoning: RC-1 District Overlay: GP I spoke to Barbara Ouber on at least two occasions yesterday afternoon. She screamed in my ear almost the entire time. She insists that she has permits for two family apartments and she went through the Board of Appeals process. She is unable to produce evidence of valid building permits. The street file contains the original building permit and a subsequent one for a garage & loft area but both clearly identify the property as a single-family. Apparently, Ms Ouber has a copy of that one because she admitted her copy also identified it as a"single- family". Later, she claimed a building inspector told her that without the stove there is no apartment. She insists that she rents rooms—there is no kitchen because there is no stove. By her own admission, these "roommates" do not have access to the primary structure. She does not know if they have microwaves or toaster ovens. She stated that they have independent entrances and all work is up to code and is neat and clean unlike the neighbor's property. Mrs. Ouber then reported 1 Beth Lane for having an illegal apartment and accused the town of turning a deaf ear on her complaints of the last three years. She also accused the town of losing all of her permit records including all minutes and documents that would prove she obtained the necessary permits to not only construct the apartments but to use them as well. (The records loss must include the alleged construction permits, the alleged special permits issued by the Board of Appeals for the two family apartments and those documents recorded at the Registry of Deeds.) Mrs. Ouber maintained a confrontational demeanor during both of our telephone conversations. She was abrasive and did not want to listen. She constantly interrupted me and spoke over me. I cautioned her more than once to stop yelling in my ear. We discussed the Amnesty program but she wants a family apartment and a rental unit. She was agitated and disturbed that the town again has questioned her about the apartments because the town lost all of records (pertaining only to the construction and approval of the apartments). According to Mrs. Ouber, this loss occurred twice—the second time occurred when the town offices moved to 200 Main Street. At the conclusion of our last conversation I told her to prove she had the legal right to the two apartments. Subsequently, she called and spoke to Nancy(Building) to check her file for permits and later called Growth Management for the same purpose without the desired results. I I am informed that Mrs. Ouber put the house in a trust in order that she may be eligible to collect public assistant for her adult special needs son. April 6, 2006 Mrs. Ouber called the ZBA secretary to check for the relief she claims. When advised by Leandre Nicolo that the database does not show anything, she wanted to speak to Leandre's supervisor. Tom Broadrick was out today but I advised Leandre that I was working with her and she needs to resolve the issue with me. April 20,2006 Visited site with Ralph Jones. (See pictures on file) Barbara Ouber(identified as the tenant) left the property as we arrived. Dorothy Burgess, the RE Trustee is reported to be in Fla. Tricia Gisleson, a real estate agent and reported friend brought us around. There are two distinct apartments attached to the primary residence. I was unable to get into the two upstairs bedrooms in the primary residence. There were 2 bedrooms on the first floor of the primary unit(one previously was the dining room according to Ms Gisleson). The two apartment units contained one bedroom each. I expressed concern regarding egress issues for the apartment. In response, I was informed that one tenant relies on a fire ladder, the other has a large enough window on the outside wall. The history according to Ms Gisleson and reported on this date is as follows: 0 Barbara Ouber purchased and constructed a SF home. • Claims Ms Ouber legally constructed the additions for her family. • Ms. Ouber did all of the cooking and the house had only one kitchen. • Claims a previous BC approved the renting of"rooms" so long as there was no stove—because it's not a kitchen without a stove and not an apartment without a kitchen. Subsequently, Ms Ouber"lost the house". • A real estate trust was established as record owner and Dorothy Burgess is identified as trustee. • Barbara Ouber became a tenant of the Trust. • Ms Ouber has a Section 8 voucher for housing and resides in the primary residence with her adult son who has Downs Syndrome. • Dorothy's nephew lives in one unit. • Dorothy usually resides in the end unit but since she is currently recovering from an undeclared medical condition in Fla. she has allowed her nephew's friend to use her apartment. I advised Ms Gisleson that the owner has the following three options: 1. Revert to a SF home. 2. Merge the two apartments and create one family apartment with all necessary approvals. (Must demonstrate eligibility) 3. Merge the two apartments and create Amnesty Unit with all necessary approvals. (Must demonstrate eligibility). The property owner must advise us of her choice ASAP. 1 May 30,2006 Sent a follow up letter by certified mail to Dorothy Burgess advising that a response (indicating intended action)must be received by June 7th JAIllegal Apartments\9 Beth Lane Ouber Report.doc } NAM OF OFFENDER; /'l '� '� ,I I Q w C �" rL� : " .r<� BARS, � _ � TOWN OF AD RESS OF OFFFE#NDE� jj i I CO 1 m BARNSTABLE q�` AT fi e){�(/L � +t `� ! REGISTRATION NUMBER 'I In O rn rY�4 I 77 2l O n1 11 i I QF ENSE ( t {NAN\N7Ael.k:. Fy ' (,�{ CS, I r- Ill �I +Ib39 . ' �")�((f {� A` $ 6*)i t . >i ° r!*PY11 trt !.,1l�) S a m �yl'�/ * ,p• �( J/�,N'{ W 1 I I Y rTt 2 i �! kw4 t S` f{r11.. fy�`' ,w�`.+3i.,1Y. �= 0Yr+.!`•f F G+l 70{ I m u hi va D TIME AND DATE,OF VIOLATION 1 ..,,,,,;.J- w.ea ATI01�OF VIOLATION+ P -W; I m NOTICE OF . -- I C(A.M'/ P.M.)ON 20a�(;p f!-4) ��a r��c��'1a.-S J, I m SIGNATURE OF ENFOTICING PEH$ON, r r `n ENFORCING DEPT. . 1 + BADGE N0. N i i, y tu VIOLATION 411/4 "�{rtd !l d 11 OF TOWN W u, I HEREBY ACKNOWLEDGE RECEIPW OF CITATION X a o M O in ORDINANCE ' unable to obtain signature of,• fender. ' THE NONCRIMINAL FINE FOR THIS OFFENSE IS S (* J Date mailed o6 11 LUI gLd OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL - I I 41 r DISPOSITION WITH NO RESULTING CRIMINAL RECORD. I y m YUU REGULATION 1 you ma elect to a the above fine,either b appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Frida legal holida excepted, Q I 9 ( ) Y pay Y PP 9 P Y 9 Y 9 P -1 before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money.order or postal note to Barnstable Clerk,P. Box 2430, J . I 'W tu' Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. d I W W ` ? m If you desire to contest this matter in a noncriminal proceeding,you ay do so by making written request to DISTRICT COURT DEPARTMENT,FIRST I � J �`II A)RNSTABLE DIVISION,COURT COMPOUND,MAIN STREET BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this W citation for a hearing. i 0 O O (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ �I _ ,� Signature I.i } o in I I TO OFFENDER: I Failure to obey this notice within 21 days Place after the date of violation may result in a Stamp criminal complaint being issued. DO NOT Here i MAIL CASH. Post office I q will not deliver I without stamp I I i i I 0 i I MAIL TO: I C=1 BARNSTABLE CLERK P.O. BOX 2430 o HYANNIS, MA 02601-2430 i I I I Town of Barnstable P Building Dept. SAP �rIQ. 200 Main Street Hyannis, Ma 02601ROWE 7006 0810 .0000 3521 7604 $ �4�6�$� - - ~~ 02 1H 0004606238 FEB26 2007 ' MAILED FROM ZIP CODE 02601 Yi t6 Fl Wlm�� W�4V�udM"� Ms Dorothy I Burgess �� 6 54 W Great Western Road a S Ya rmoutka,�-- _ RETURN TO 'MENDER UNCLAIMED UNABLE TO FORWARD IUD: 02601400200 0 *0969-00189-26-39 sL; s45A ' �0 12 i.. . R •COMPLETE • ON DELIVERY SENDER �\ : COIAPLETE THIS SECTIONi ' ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent to Print your name and address on the reverse X ❑Addressee I so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery d ■ Attach this card to the back of the mailpiece, I or on the front if space permits. i D. Is delivery address different from item 1? ❑Yes 1- Article Addressed to: If YES,enter delivery address below: ;WNo I I 3. Service Type Certified Mail [3Express Mail ��/ CO 11 ❑Registered Iff'Retum Receipt for Merchandise ❑Insurcd Mail ❑G.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes �� II 2. Article Number 7006 0810 DDDD 3521 7604 (rransfer from service labeQ I I, -- PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 t °FIME T Town of Barnstable Regulatory Services . + BARNSTABLE, • y ,MAs& g Thomas F.Geller,Director E1 u. & Building Division _..__._._.._._.._.__. . . _.. -_...___�___._.....__. ..._..___ TomPer6,' Building Commissioner_,._... . 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 April 3,2006 Dorothy Burgess,Tr SAM Realty Trust 9 Beth Lane Hyannis,Ma 02664 Re: Illegal Apartments Property ID: Map 273 Parcel 199 Locus: 9 Beth Lane,Hyannis Dear Mr.Aubrey: A recent review of our records, including the permitting history and the Zoning Board of Appeals records, indicates that the present use of your property located at 9 Beth Lane,is limited to that of a single-family home. You are hereby notified that you must take immediate action to restore the property accordingly. A building permit is required in order to reconfigure the subject space and this work shall be completed by May 1,2006. Because our file identifies as many as three units at this location it is necessary for us to inspect the property before the restoration begins. In addition,you should know there is an appeal process available to you. If you choose to explore this option we will happy to discuss this matter with you but be assured that your failure to comply with this notice or file for appropriate zoning relief with the Board of Appeals will result in a $200.00 fine. Please contact this office by April 10'` in order to arrange an inspection date and time convenient to all parties and avoid criminal action. cerely, Ro in C. Giangregorio Zoning Enforcement Officer JAIllegal ApartmentsU Beth lane Ouber.DOC Certified Mail 7003 1680 0004 5458 3718 i v ' _ hie- l04 K/f7 - -�' r._-so_ c p.t.cked_-,u.v- anal__ _Iner._ _ _ __W_Ino_ 1 - .Was, Boc.6,crc\.- O.��e�, - wk4) hey b,,, r�cLAla( OPA.. _ _ _JlCQAed _K-�eh en - _ .- _ r-once._ -o9a� .-- - - - -- _ — - - - - -__ — __ _ _ ►.Gn— - y� , • r , v , y �. ; j n 1 i �• ' E i 1 L t ` . 4 ! i � r J6SF,PH D. DALUZ TELHPHONEs 775.1120 Building Comminiontr EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 October 26, 1989 Ms. Barbara T. Ouber c/o Tsoleridis P. 0. Box 444 Hyannis, MA 02601 Re: 9 Beth Lane, Hyannis A=273-199 Dear Ms. Ouber: This office has been informed of a possible zoning violation at 9 Beth Lane, Hyannis. Please contact this office immediately re the above matter. P ce, Jose h D. DaLuz Building Commissioner JDD/gr Il A=273-199 �,JOSF,PH D. DALU2 Build ng Comminionrr \.— - TELOPH XT. 1007'3-1120 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 October 26, 1989 Ms. Barbara T. Ouber C/o Tsoleridis P. 0. Box 444 Hyannis, MA 02601 Re: 9 Beth Lane, Hyannis A=273-199 Dear Ms. Ouber: This office has been informed of a possible zoning violation at 9 Beth Lane, Hyannis. Please contact this office immediately re the above matter. P ce, Jose h D. DaLuz / Building Commissioner JDD/gr of lac roe. A, K The Town of Barnstable Inspection Department awill�,'�a 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D.DaLuz Building Commissioner September 12, 1991 Mrs. Barbara Ouber c/o Tsoleridis P. 0. Box 444 Hyannis, MA 02601 RE: A=273-199 9 Beth Lane, Hyannis Dear Mrs. Ouber: This office is in receipt of a complaint alleging that you are renting or offering for rent an apartment in your dwelling. As you know, a two family dwelling is a violation of the Town of Barnstable Zoning Ordinance. Please contact this office immediately re the above matter. Very truly yours, RiAard 1� Be.�rse Building Inspector RRB/gr cc: Town Manager 1 1 i Tt X2f3 99. _ L,OC10009 BETH LANE CSY107 rOSI 400 BY KEY] S4419 ----MAILING ADDRESS n ?sESS------- rt r 1?:Z ! P Sa�� Y h ?i> kAHEWr : C? OUS£R e BARBARA T MAP] AREA150AC aV Y E ro10000 %TSOLE,fiiID S, BARBARA OU SEF SPI•J SP*. 'T, SF:ij BOX 4`f 9 SETH LANE u l l U12 j e?G SO F i 1 2SO6 t nr r ry i"C+ '? 9C> r BS ST � �ANNIS IAA C::,vt71 AY,,�z f,�,(i E:�u�z ,�.,(': ,�?tr., 7 Cf.�N��a .J -----LEGAL DESCRIPTION---- TRUE MET 220900 REA CLASSIFIED QANS 1 4S,400 ASO UP 48400 ASS IMP 170900 ASO OTH 1600 #eLt`G S;—CART 1 1 170,900 DESCRIPTION TAB YR CURRENT EXEMPT TAXABLE #OTHER FEATURE 1: 1 ,600 TAX EXEMPT QL 9 BE,TH LANE RE'SI PENT'L 220900 22090-i 22090(.) W LOT 50 OPEN SPACE Mom: '1SO i COMMERCIAL R:-°r 1.:,�v_ 000013300 S �'t t .: 1,.i !» #S2 WIS1 24 000(15{3000 I INDUSTRIAL EXEMPTIONS - AAr Q0S)/0:I PP.1.R:Ej Oi,EJ F3•:3 J1I S FF LI,+ LAST T V ar•r a rt f 7 p err The Town of Barnstable 7A■mass. : Inspection Department 367 Main Street,Hyannis, MA 02601 508-790-6227 r €.: Joseph D.DaLui`* { Building Co nmisszoner i September 17, 1991 E Mrs.. Barbara Ouber ` t ' s x c/o Tsoleridis � P. O.- Box 444 Ar �`` Hyannis, MA 02601 r � ..� � r ty ri RE: A=273-199 9 Beth Lane, Hyannis � � , Dear Mrs. Ouber: Thank you for your prompt response to my request for an inspection Z of your dwelling. My on site inspection of September 16th revealed one (1) kitchen only in your dwelling. As per our conversation you are allowed X ° a .,' y R to .take in three (3) lodgers. K aY Very .truly yours, , w, 000,01, r Richard R. Bearse - z Building Inspector < ?A AEM/gr ' cc: Town Manager Y= h. F .FML 1" � - ' hr P � h r .. -� S ' .•T .e.k , .dam `ice r. �. �' wK t •- a P w P F � ,+ � � ter»,�tra:� s�! .'.P <s .. �hhfii h"y ' 1' � t! v�i "•� y . S • Lane, _ w � Yannr s o �r1 r • k ,. ,._ � ,, ��•�—. .,�.. ram rr „ _ r 1 y r a „ +a� t 1 £ F a — `,F r srr , a, F p: w 4, g i r« m 9 Beth Laney, . H ' i. Y s 86%12 y L, • e. 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"S.Z� iL VA IL gl,� jr-,V- 4�s ru IWA ....... zl 'At, t4l IN Ai otiit—n 7 9C. ji , • y, 11 t � ✓ eI� : y 4 'Yy .� � :'�,�Y�" � ,�I� `• may, t ;; �" r , E All k A i T low x 4.0 �51 I� •._ _ � � .. • ,fit. .•, JD err r ` � ,. �. ,'"^+@kOolr- ON Ar Adli w .. i j 3 _ PQyy n +r a ..�......� ✓ �' i it � A'`�^.-. p� , i a Y 7 n rY, - rt r d �t U j t. r� Map Page 1 of 1 Town of Barnstable Geographic Information System New Search I Home I Help Parcel Viewer Custom Map Abutters Map Size ■■ Zoom Out In JPG Map: 273 Parcel: 199 Full Property - Location: 9 BETH LANE Info 27320a0D6 �� £' „� 273200 273201 1087 Owner: THEODORIDOU-MARMANIDIS,GEORGIA TRS N 59 273204013 �` N 1 a .yy, N n Location Information } � Map&Parcel 273199 Location 9 BETH LANE •; z.µ 1 i +r„� �'- �` Acreage 0.38 acres a w • . 273N2DODt2 +� ��'' Current Owner Mailing Address THEODORIDOU-MARMANIDIS, 0 "�Fra► M'` .$ g"!x I '• a I GEORGIATRS ! 2731ea ' S A M REALTY TRUST 9 BETH LANE HYANNIS,MA 02601 271067 t Appraised Value FY 2010 , 1067. •- "` ,y{ -.;. „� � a�w�.��`� (� �� t� + Extra Features $3,800 . 273204011 *• Out Buildings $2,000 1 -yLand $106,400 k aMIef�" Buildings $235,200 . ., y Total Appraised $347,400 ne Assessed Value(FY 2010) -� 273204010 w fi t`, , , 272150 Extra Features $3,800 ?_ `•..,. + ' { f ,;., Out Buildings $2,000 Land $106,400 Set Scale 1" = 70 I April 1989 ham' I MAP DISCLAIMER Buildings $235,200 Copyright 2005-2010 Town of Barnstable,MA All rights reserved.Send questions or comments to GIS BarnstableMA v1.2.3685[Production] http://66.203.95.236/arcims/appgeoapp/map.aspx?propertyID=273199 7/26/2010 °FTHEr Town of Barnstable ti Regulatory Services g Y • BARNSTABLE, ►, Thomas F.Geiler,Director �'AIEorA�O Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 27, 2007 Michael Stusse, Esq 25 MidTech Drive, Suite C- West Yarmouth,Ma 02673 Re: 9 Beth Lane Hyannis Dear Attorney Stusse: Thank you for meeting us at the Ouber residence on the 26th. As discussed at the site earlier.yesterday, our assessment that there are currently three distinct and viable dwelling units contained in this single-family home remains unchanged. It is clearly the opinion of the Zoning Officer that this property is not set up for nor being used as a single family home. In order to resolve this matter and obtain the necessary building permits the following items must be addressed: • Abuilding permit application must be submitted to restore the home to a single- family residence. This will allow for the opening of a common wall in order to create flow. Also, this permit will address the intended removal of two kitchen/food preparation areas. All standard requirements of this process must be satisfied. • A plumbing permit must be obtained to remove the kitchen plumbing. i • All utilities provided for the subject kitchen/food prep areas must be capped inside a finished wall. i • You will clearly identify in writing the intended use of said property and all occupants including familial relationships or otherwise. S �{ M Y As you are aware, your client retains the right to appeal this decision. Please know this office is happy to assist you with that process if you so desire. ;Sincerel Thomas Perry Building Commissioner w �FfHE 1pw Town of Barnstable Regulatory Services * sa �'MASS: ` Thomas F.Geiler,Director y nss.- �, �A .s63q ♦0 rE1639 a Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 26, 2007 Michael Stusse, Esq. 25 Mid Tech Drive, Suite C West Yarmouth, Ma 02673 Re: Zoning Violations—Multi-family home Property ID: Map 273 Parcel 199 Locus: 9 Beth Lane, Hyannis Dear Attorney Stusse: Thank you for meeting us at the Ouber residence this morning. As we discussed at the site earlier today, our assessment that there are currently three distinct and viable dwelling units contained in this single-family home remains unchanged. In order to resolve this matter and obtain the building permit sought the following items must be addressed: • A building permit application must be submitted and approved to restore the home to a single-family residence. This will allow for the opening of a common wall in order to create flow. Also, this permit will address the intended removal of two accessory kitchen/food preparation areas. All standard requirements of this process must be satisfied. • A plumbing permit must be obtained to remove and cap the kitchen plumbing and/or install a bar sink if desired. • All utilities (in said kitchens/food prep areas)must be capped behind a finished wall. 1 • A determination must be rendered by the Building Commissioner regarding the eligibility of the property owner with regards to the owner-occupancy requirement dictated by the ordinance. • You will clearly identify the intended use of said property and all occupants including familial relationships or otherwise. • An appeal must be filed with the ZBA once the proper form of relief is identified unless immediate and total compliance is achieved. Please let me know if your require clarification. You may reach me directly at 508-862- 4027. Sincerely, Robin C. Giangregorio Zoning Enforcement Officer ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW 25 MID-TECH DRIVE, SUITE C WEST YARMOUTH, MA 02673 (508) 775-3433 Telephone (508) 790-4778 Facsimile Edward J.Sweeney,Jr. Thomas P.Carpenter Michael B.Stusse Kelly S.Jason Donna M.Robertson Tracey L.Taylor Matthew J.Dupuy Charles M.Sabatt Charles J.Ardito P.C. PLEASE REFER TO FILE No. G6555Z October 4, 2007 Thomas F. Geiler, Director Regulatory Services 200 Main Street Hyannis, MA 02601 Re: 9 Beth Lane Hyannis, MA Dear Tom: This morning I was visited by a Mrs. Barbara Ouber, her son Demetrius and a Ms. Patricia Gisleson. They told me a rather remarkable story of how they set out to replace rotted windows in the property occupied by Mrs. Ouber and Demetrius when they received a Stop Order and a letter from Building Commissioner, Thomas Perry. Mrs. Ouber alleges that she had a permit and does have a canceled check to Barnstable as evidence of such. The reason for this letter is to seek permission to close up the house against the weather as cold temperatures approach. If there are other issues involved as suggested by Mr. Perry's letter, they can be resolved without the threat of freezing Mrs. Ouber and Demetrius in the interim. I assume it will be alright to close the remaining window frames and have asked Mrs. Ouber's contractor to do so next week. In the meantime, if there are issues to be addressed under the zoning by law or building code I will have them attended to once I have been advised to what they might be. As of this writing, there appear to be 3 people living in the house and no evidence of a present use violation. In anticipation.of hearing from you, I am, Very truly yours, MICHAEL B. STUSSE, ESQ. MBS/aeb cc: Mrs. Barbara Ouber rY Date: February 27,2007 To: Building File From: R. Giangregorio Re: Multifamily in Single-family Residential Zone Owner: Dorothy Burgess,Trustee, SAM Realty Trust M&P: 273-199 9 Beth Lane,Hyannis Zoning: RC-1 / GP 2006 A complaint was received regarding a multifamily use in a single-family zone. April 3, 2006 A review of the street file indicated a length history of similar allegations. A letter was sent to Dorothy Burgess,TR at 9 Beth lane regarding the complaint. April 4,2006 I spoke to Barbara Ouber twice on this date in an apparent response to my letter. I reviewed the property history with her and noted the obvious lack of any documentation supporting her claims. She accused the town of losing all of her pertinent records. I advised her that any documentation she could provide would be fairly considered. April 20, 2006 MS. Giselle, a realtor/friend of the owner met me at the site and showed me the entire house. Three units were clearly identified and photographed. Discussion: Ms. Giselle argued that the property has preexisting nonconforming status. She insisted she has permits for 2 family apartments. I advised her that the original 1977 building permit#19560 was issued for a single family dwelling in a single-family zone. June 1,2006 A certified letter was sent to owner of record at subject address asking owner to identify chosen course of action. No direct communication since. Unable to locate information necessary to ticket record owner Jan. 16,2007 Found advertisement in Sunday CC Times (1/14/07) for a two room efficiency apartment. Amnesty Investigator called number provided(508-771-6075)and Barbara Ouber called her back from 508-771-0842. Feb 26,2007 Determined that record owner resides in Yarmouth and obtained necessary information to issue citation. Citation issued on Feb 26,2007 and sent by certified mail on same date. r-- Town of Barnstable Regulatory Services * &M WSTABM v MASS. Thomas F. Geiler,Director 16 19. 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 i June 1, 2007 Ms. Dorothy Burgess 9 Beth Lane Hyannis, MA 02601 Dear Ms. Burgess: This letter is in response to the inquiries of the trustees of the SAM Realty Trust regarding 9 Beth Lane. This property is located in an area of Town that is presently zoned RC-I. This area of Town has been zoned RC-1 ever since this home has been constructed back in August of 1977. The zoning in this area has never allowed by right the ability to have more than a single family home. You have been directed through numerous correspondences since at least 2000 to correct this situation. Obviously since we are still writing to seek cooperation nothing has been done to settle the issues. Under 780 CMR (the State Building Code) section 111.2, "no permit ...shall be issued if such use or building would be in violation of any zoning ordinance or by law". Your house is currently in violation, and has been for a number of years, of the zoning ordinance as to allowed uses. This house is not being used as a single family home; it is being used as a multi family where single family homes only are allowed. This aspect needs to be resolved before this department will issue a permit for the work that was started without permits Ieven applied for or obtained. Very trul urs, Thomas Perry, CBO Building Commissioner . r Started family apt. app 7/08, never submitted. See file. 10/8/08 letter sent to submit bldg per app by 10/24. No response. Memo to TP 10/30 re status & owner in apt--Tom said he spoke with atty, said they need to submit faro apt application.11/20/08 Tricia Gisleson, 508 326 9326, was in, said they are will restore to SF, but not yet, haven't found contractor, said no kitchen, only sink. We need permit now, LE said there is a kitchen, Tom will call atty (Stoucy). "Tricia" said Savvas owner, English poor. Barbara Ouber lives in Main House. M .. 7. fir `»rq�� a y d Appeal or Permit No: 200803928 Appeal.a°. .°Status:` Pending Last First Applicant: Zapoonidis ISavvas L. Addr: Addr2 9 Beth Lane Village ° Hyannis MA 02601 '� !fat~ Aff.Received Map Par 273199 Wing a ,FfrZ o Decision: .:: Notes: Started family � �apt. 7/08, never submitted. See file. 10/8/08 letter sent to submit bldg per app by 10/24. No �� response. Memo to TP 10/30 re status&owner in apt--Tom z said he spoke with atty,said they need to submit fam apt a , Close a lication 11/20/08 Tncia Gisleson,508 326 9326 was in, "a a` pP .. _ ,gin, Appeal,or Permit No 200803928 Appeal �k, "_Status Pending Last First s Applicant, Zapoonidis Isavvas L. Addr. '" c , Addr2 :9 Beth Lane „a s Village, 'Hyannis MA 02601 Map Par oning:ReceveAff srs�,b✓ °^ ;x°'r °?"'�`, ,r u,� q _ .r ;4a {Nt3' `"�� ,?'k,a'`'rv"'° Notes: Barbara Ouber started family apt.app 7/08, never submitted. * See file. 10/8/08 letter sent to submit bldg per app by 10/24. "Y No response. Memo to TP 10/30 re status&owner in apt-- Tom said he spoke with her atty,said she needs to submit fam apt application Close ?. ..av�i.;, �6dry �oFt r Town of Barnstable x Regulatory Services 9$"M'ASSB`E' Thomas F. Geiler, Director F1639. Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barmtable.ma.us Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO:. Tom FROM: Lois DATE: 10/30/08 RE: 9 Beth Lane, Hyannis Last July, Barbara Ouber began the process of applying for a family apartment but never submitted the application. She and her son were to be the occupants of the main house and the owner, Savvas Zapoonidis was to be in the apartment. We wrote to her on 10/8 to file for a building permit for a family apartment or to remove the kitchen. She has not responded. At this point if she did submit the application saying the owner would live in the apartment, would they be required to go to ZBA? As I'm sure you know, there's a long history on this property. What enforcement action should be taken? c f f ISL I 4R 9 7/16/08 Trish, Here is a draft of the permit request for the building permit application. We will also need: Workers Comp form completed and signed by owner Homeowner License Exemption form signed by owner Project Valuation. (total dollar amount of the work) The total square footage of the main house and the total square footage of the apartment. This should give us enough information to begin the permit process with our department. You will then need the Board of Health sign-off. After that, submit the application to the Building Department with a check for$75 (application fee of$50 and Certificate of Occupancy fee of$25). The application will be processed by the Building Inspector, who will contact you if he has additional questions. After the initial review, an Agreement for Family Apartment will be prepared and signed by the Building Commissioner to be notarized and recorded at the Registry of Deeds by the property owner. Please see ss240-47.1 Family Apartments (attached to permit application). If the permit is approved, you will be called and told the amount of the permit fee. If you have any questions, please call me at,508 862 4039. _ r PERMIT REQUEST: Restore to single family residence with I family apartment. Create interior doorway between dining and family rooms. Remove cabinetry and sink, and cut and cap plumbing/in the family room. Reroof, reside, replace windows, repair chimney. Family apartment to be occupied by owner, Savvas L. Zapoonidis. Main house to be occupied by cousin, Barbara Ouber, and son, D�mptris Ouber. l �t Town of Barnstable Regulatory Services * BAMSfABLE MASS Thomas F. Geiler, Director i639 ,0� rED 39n. Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 October 8, 2008 Mrs. Barbara Ouber 9 Beth Lane Hyannis, MA 02601 Re: Family Apartment Application Removal of 2nd Illegal Kitchen 9 Beth Lane, Hyannis Dear Mrs. Ouber: In July 2008, you began the building permit application process to restore 9 Beth Lane to a single family residence with one family apartment. At that time, you received detailed information on our requirements for the permit application; however, as of this date,the building permit application has not been received. In order to avoid enforcement action, a building permit application should be submitted by October 24, 2008. If the owner has decided not to apply for a family apartment, the owner should submit a building permit application to remove both illegal apartments to restore the residence to a single family. If you have any questions, please call Lois Barry, 508-862-4039. Sincerely, Thomas Perry Building Commissioner TP/lb BethLn9 My File 'Edit Tools Help € r a T Detail plicai#ion 2B4}813928 + .. Applicant . t;+l+' tl l�Rf3131=RTY Oil 'sb y rn ° ° Collect us ACTIVE < rner -17 A ¥ t part ent BUILDI:IG DEP 2T 4 1T 3URGEBS t OF TH" € Clos6/Deny -- 1 -e�lAdivity 5#}4 IAAAILYAPT STRUCTIf�N Cai ractar It. 17 )N'arkflaw scriptan 1 FAt�IILYAP fQt�Vio' 5 7PUT�DS IAl�3 iCUS BARBARe4i�siness scription2 0UBl RBS Ei14 E NaE1Ll_l<tiAaLl�1TaGH I,REP tI WS FiC?t7F FeeseffAec#vek'9}7 J2d}l}8 ?{? Parlengfisc" F. Assi ned t' P�rperty ,. ° 77 peity/Use Nonconforming � atesfl�lisc S Pemii�s ! g ;' Busyness,Mast $ catroia Llnrt n sting ute 9 1 SIt GL fieacttvate zoning RC 1 RESItit- ...... 1 6} rw�ra�wn-..m•.wwd... ""^^"_' AdiustFees rema � icipality HYAhI-"NANNI `"x1 aG flaad�zone,:,-,a a t,+"SeetianPllase %poseduse 1Q1 SiGl=l= k a ; i Pa}tiTrt' listory' een 1 — ziXningx R��R �•G1 ,«1 e ��a•'' �r d Judd�F{&oiyr T ' catran.desc m k m ,Summ Permit ob'd Zon�'v j 1 -w �. •d Peim Alerts i Prerequisites 0 HazrdlF�estr' i t+larses_ (�Bands iFI Sub fdrs (a TPad Plan Revieut , Pnar listary I ( InspectEvns �folatians �fiwiev s [ Qpen`ltei�as Vaii�ings l rndy Related rnsps i l gc�rl '� P ��h �"m �` �:• �iq a � � i .> a � IT3�ln praJeCt�aC�Vl y detaI r{i to current appilca an r � >''S;my, .File..Edit Tools Help' -�1 rtNA�G'� ' 1 pliratiore 4� OPERT- O F-3R, r paitment 639U=BUILLiNG DEPART ENT -u .; N mn i : : BURGESS DOROT—Ht, 4. ,.aw..y %Actjv"150-FAMILY APTW/CONSTRUCTION {�- Contractor : i scription 1 `` FAMILY'APTFOROUu' ER S:�ZAPOUh IDIS MAIN H0U5E�' RBA"A .gusness w =" - � scaiptionZ CIUBRSSO1dulO?cfNflLEGetIITCt3PEk? PtSfi Fes�ffiv� F p ? n6d to t i3ertyt Ise .,� n4n, arit1711n� D3teSa� I1SC� I elTfiftS , e r1.. �•` ,„...�._._.„:�.: ..g "' w C+t3tus `x> SS,led �.. ?- !ES ARP FE ISSUED 0 0�1 ESADD/ALT REVIEWING 00 RESDNT REVIEWING al fees 1 } - Total unpaid 16 �3 „ .." Prqu€s�fes �[ HetR �tr [ Nar �� + .Bcc �.`,r!s �rbdrs ! et �FIe ei.; 1rop Ai Ps items r d a�rrs ISri Ej r s , s `'"' er�;aa,ero �^ _ , a Assessor's offioe Ost floor): 6�7/_7 F THE t Assessor's map and lot number .�... 7.�..:..... .................. �o off` Board of Health (3rd floor): Sewage Permit number .......:......................... : BAUSTADU Engineering Department (3rd floor): -,,t moo NA 0� House number ...................................-'�•••....��. ....... ., �.,:/l/' �EOYPR d' APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. 'only TOWN OF BA'RNSTABLE BUILDING INSPECTOR r� .7� ' APPLICATION FOR PERMIT TO - TYPE OF CONSTRUCTION ............... ................ 1/V,.............. U .......... .. .................. TO THE INSPECTOR OF BUILDINGS:_--' The undersigned hereby applies for a permit according to the following information: Locationa/...... 4. ......1 ��........ ...,..� /V„ a. ........................................................................... Proposed Use ` cc- r �`. . 2 Zoning District .............. ....�...................................................Fire District ... ..... !........ .....s.:........................................ Name of Owner (�/t /J 7SQ rr��/�� /?�l f�"er12 .�.r :!.�'.......1 (/, �?fz..�.... '..�_� •,_:..............................................................,.. Address ......,.......... ........ ... .... . ..., .... Nameof Builder ....................................................................Address .................................................................................... Nameof Architect ...':............................................................Address .................................................................................... Number of Rooms �% �'. r �7 �..�rC.. �` f ' � t! ................................ ................ i...Foundation ... ........................ Exterior .........................~.................................`........:................Roofing ..:.. J .� .................... ..................................................:... Floors ...... ..... .......................... ..:�..1..... �.. .h....r� Interior ....?....... rieatingPlumbing .................................................................................. i,�A.....i k Fireplace ..................................................................................Approximate Cost �S Definitive Plan Approved by Planning Board ________________________________19________ . Area �1 Diagram of Lot and Building with Dimensions ' ' FeeC/ SUBJECT TO APPROVAL OF BOARD OF HEALTH ' i F • j t Y } F �Y { `s _ l \4 OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS ` r" I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. _ j Name J1�r ? a!?n I. ... . :>�f f.�p�.......... . t Construction Supervisor's License ... r.. !!....; .. . �'. J OUBERG, BARBARA TSOLERIDIS A=273-199 31518 Dormer & Garag No ................. Permit for .................................... Single Family Dwelling ......................................................................... Location ..9...B ... eth Lane... ....... ................................... .................HXanni s..................................I......... Owner Barbara Tsoleridis Ouberg- ........................................I......................... Type of Construction ..........Frame........ ........................ .........................................:..................................... Plot ............................ Lot ................................ December 18, 87 ' Permit Granted ....................................... 19 Date of Inspection ....................................19 Date Completed ......................................19 r Assessor's oifioe (1st floor): j /91W. Assessor's map and lot number . .... .. ..... ... °T THE t°` Board of H:alth Ord floor): -,' � � . GV-�71C SYSTEM MU S� Sewage Fermit number ........... "" �g �a g ® �' g .................................... o f ® IN COMPL �`'B9Sd9TSDLE. i EnBineerinf Department (3rd floor): Blm TITLE , moo ,"6 9, House number ................................... TAL COO APPLICATONS PROCESSED 8:30-9:30.A.M, and 1:00-2:00 P.M. only h`,.,, ;3fl: RECaULAT90�') S TOWN OF BARNSTABLE BUILDING , INSPECTOR APPLICATION FOR PERMIT TO ..... ... ..... //....... /./. ... .... .................�� .. . - ...... .....TYPE OF CONSTRUCTION ............... ..... .........�C�,�l/...V...�.....,,.,,,., . �.......... 19 / TO THE INSPECTOR OF BUILDINGS: 1 The undersigned hereby applies for a permit according to the following information: Location ............ .......� ..... /, ........wy,�.,�Cj J............................................................................. ProposedUse .... ..q.: �- q .......................................................................................................................... Zoning District Fire District ... . �S....?..................... ................................................... . Name of Owner .��{R�r/ .....�.Ll'�—...�-5...0..-Lit...jP/S.Add ess��. /�-eT/"1 �.� ..................................... ... ..... . Nameof Builder ....................................................................Address .................................................................................... Nameof Architect ...`........................ ................................Address .................................................................................... Number of Rooms �^Ee �� ..................�J ............. .. .... undation ...................... ....................................................... Exterior ....................................................................................Roofing .................................................................................... Floors r'"� y� l..� ......................Interior ............ �/l S .............................�........... �................................................................. Heating ....................................................................:.............Plumbing .............................................................. Fireplace ............ ....................................................................Approximate Cost .../ .0;(.0..`..d Definitive Plan Approved by Planning Board ---__-_------_ - ----------------19-------- . Area ..... .. ...... Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name . Q.,� ......... -&L............... Construction Supervisor's License OUBERG, BARBARA TSOLERIDIS No 31518 !q ... Permit for .�A ��..pqrmer & Garage .................... S ............. .......1��...... ........... incrl Dw 11 Location . 9 Beth Lane .............................................................. . ..............I........iyAan-i-s...............................I.......... Owner ..Bar.bar.a...Tsoleri dis Oub e.r..g, ................I................... Type of'Construction, Frame ............................. .... .... ........................... ................... ............... ............... Plot ............................ Lot ................................ Grant d Decembee 87 G Permit e ................................ 19 Date of Inspection ............. .........�7.:.... 19 Date Completed ............. 1 9pf r F i f f _ / TOWN OF BARNSTABL'E . , BUILDING DEPARTMENT f' -.m ! . HOMEOWNER.,LICENSE EXEMPTION r ry r 1 1 ! Please print t Ffx' q` ' "red.- r k"' f• r '.,i r r F : r afire DATE 21L _'fs's. t 1 r .• r �. JOB LOCATION O 19 4 c0q� , :um�er. Street a ress r l d -r�1to = Y , r- n ow "HOMEOWNER" n ...///BBB...��i f t ii � • s ,, 93 »1 ame, 1 : ome p one or --phone PRESENT MAIL NG /G � r 1 <. Res 1 I ADDRES : a u �� F�) ' p j�d r1 r1ty tow toe p 4co e The current exemption for ".homeowners"' was extended to include Qwner,`occupied .. dwellings.`of "six units or,' ess.•an o allow such homeowners to engagean ;rn for hire who does: not possess "a license; ,prdV'fi edf that`the owner pacts_ as su ervisor P (State Building.Code Section 4,DEFINITION OF HOMEOWNER.' Person(s).who owns'a parcel: of land on.which he resides or intends to re- side; on :whit there is, or is intended to be., a o:ne to: six':family dwelling, Yattached or detached-structures .accessory to such use a.nd/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 Bui'Idin Official j Mona form._acceptabl6 to the•Building Official,' that he%she' shall:xbe'`responsibia:�. . :1for aI1 such work performed:'under the bui-iding permi ection f x zThe :undersigned "homeowner" assumes responsibility ,for compliance,with the Stage ��Building Code and other .applicable. codes, by-laws,. rules :and'reguIations , f '�,lThe"underssigned "homeowner" ' rtifies that -he/she: understands the Town f r Banstableguilding, Department,.Kinimum inspection procedures and requirements. r d y Sand that'he/she will comply with, said procedures and requirements .,HOMEOWNER'S SIGNATURE 0�� /+p s APPROVAL OF BUILDING OFFICIAL r Note:. :Three family dwellings 35,000 cubic feet or will be required to comply 'with State Building Code Section 127.0, Construction Control. -- - - -- 1 + , HOME OWNER'S :EX'EMPTION Nt ' , The Code' state that: "Any Home Owner performing work: for which , a ` bufldih r g f permit Is required shall be exempt from the (Section 109.1 .1 Licensing of Construction Supervlso�s)S��prohs �idedithatci,f�a r Home `Owner engages a persons) for hire to do such wo,r,k, .;that such Home. Owner shall act as supe.rvlsor. Many_Home Owners who use- this exemption are unaware that -`they are the respons'ib( I'ttles 'of a' supervisor assuming, , for Licensing Constr,uction�Supervisors, (�Se`ctlon82tl15)Q� This Aule,tacktl of.eawareness often r... ul.ts. ln serlous.-p obiems` particularl s unllcensed persons. ' In, this case our t3oardhecannotHome Owner . hires unlicensed person as It would with licensed Supervisor TherHome Ownernacting . xas;supervisor is ultimately responsible. To ensure thaf the;Home. Owner is fullY, aware.' communitl"es` requlre, as part of the p.ermit.' aof h(s/her: responslb'iilt'ies, many certify that he/she understands the respon§Ibppitiesiof�a supervh'soHome Owner ; last page of this Issue Is .a form currently used `by; several` towns: ,. care to amend and adopt_ .such'a •form/certlf(cation f On th� r Y community. You ma or 'use 'i n our . ---- v �� a ` �} � � u y '( �� T ,, ' �. �•coo •. RI dr y � ptnm ^ � — � y \ 1 cr, 0 0;, ti - 100. A,\- Oil" I .e -f a