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STABLE PAGE 47
ED BY TYPE
issued between 109/25/2002, and 109/25/20031
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VALUATION VILLCOMMENT
RE .00 - CE lrange,l dry,l dv stov
RE .00 CE GAS LOG CK41581
RE .00 CE TWO FIXTURES CK#0976
RE .00 CE REMODEL KTCHN,BATH,<50
RE .00 CE WTR HTR CK 05775
RE .00 CE HOT WTR TANK CK 05775
RE .00 CE HOT WATER TANK CK 107
RE .00 CE NEW SERVICE - 1270778
RE .00 CE 1FR 1TEST. CK#
r
RE .00 CE GAS LAG
RE .00 CE 1 w/h CK 6829
RE .00 CE WATER HEATER
RE .00 CE HOT WATER TANK +
RE .00 CE WATER HEATER CK 002
RE .00 CE HOT WATER TANK CK 002
.00 CE 40' X 8' STORAGE TRAIL
E .00 CE REPLACE SERVICE,ADD SU
E 2,248.00 CE WINDOW REPLACEMENT
.00 CE UPGRADE SERVICE TO 220
.00 CE HOT WATER TANKS CK
.00 CE 2 FIXTURES CK
.00 CE GAS LAG
9,047.00 CE WINDOWS U-VALUE .34
.00 CE 10 X 12 SHED
.00 CE HEATING BOILER CK 3018
.00 CE NEW HOUSE CHK41131
.00 CE WATER HEATER CK 14,1,R
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AIRPORT MCCARTHY RUSSELL 778
AIRPORT MOSBY QUINCY'DOC' 775-
AIRPORT NOFERI-HOFF LISA - 775-'
AIRPORT NORKUS RICK 778-
AIRPORT PERSUITTE ROBERT 778-7
AIRPORT PRATT DAVID 778-i
AIRPORT REID BRIAN 778
AIRPORT RIOS HILDEGARDIF 778-
AIRPORT SANCHEZ FRANK 778-
AIRPORT SOLDATOV LEONID 778
Pag
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arnstable
y Services
eiler,Director
ling Commissioner
yannis,MA 02601
Fax: 508-790-6230
for New Commercial Buildin
r the project,a copy of the decision with proof of recording
application,
egistry of Deeds showing the date the lot was
location and setbacks of existing/proposed structures,
et,approval required prior to construction/demolition for
)f the Mid Cape Highway)
lstrict(See map for boundaries)
sized plans and one complete set reduced to 11"x 17"fully
'lding permit application. Both sets must be stamped by
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PUBLIC HEALTH MIORANDI DONNA 46'
PUBLIC HEALTH ROTHMAN PEGGY 46
PUBLIC HEALTH SAAD DALE 464
PUBLIC HEALTH H . l 464
1
PUBLIC HEALTH STANTON DAVID 464'
PUBLIC HEALTH WHITE SAMUEL 4641
PURCHASING ANTHONY DAVID 465:
PURCHASING 474
PURCHASING TROIANO TONY 478
REC & HUMAN SERVICES 400
CHRIS. 68
t
JU lL6 T Fa 11,AC A 9 JR.
ATTORNEY AT LAW
i
ARDITO,SWEENEY.STUSSE,ROBERTSON&DUPUY,P.C.
TEL.(508)775-3433
25 MID-TECH DRIVE.SUITE C FAX(508)790.4778
WEST YARMOUTH,MA 02673 EMAIL:hlach@assrd.com
4
Iq'13
THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
QUALITY ORIGINAL (S)
... I m �C(��
pATA
4NETo�°� TOWN OF BARNSTA.BLE
22 •
j 31AR33TAELL i
11639-
o MOR a
BUILDING INSPECTOR
APPLICATION FOR PERMIT TO .... ......./�.. . . . ,.•. „•,•••,,,•„••••••••
TYPE OF CONSTRUCTION .........G.L/..G..-L'!.—.L............ .. .........................:................
..................f.. ..u°................19..�w�
_ TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information:
Location ....zet.. ... ..�It�.....................V. !.L�'�' .....�C ............. .... ...................
Proposed Use .... .. . ....... .... . .....................................................
I.............................................
Zoning District .. ................................Fire District ...... .. .. �IrCL .................
Name of Owner ...Address �, ..... ........ 4w, ............. l�f�
Name of Builder Address e.•�. ... ......... ..
LAC ^.�...... ......
Name of Architect.. ...l %.!.. ..............Address . .... ,( ..
Number of Rooms .............�`.................................................Foundation ` .... ... ... ....... .......... .
Exierior ....�. ..... .............................Roofing ....
Floors ...............Interior .... ....... . .........................................
Heating ..................................PIumbink1k... .....
Fireplace ........ .......................................................................Approximate Cost .../..4.J. F/ ................................. ........
Definitive Plan Approved by Planning Board ____________�/ _---
19.73. P 4
Diagram of Lot and Building with Dimensions Aea
SUBJECT TO APPROVAL OF BOARD OF HEALTH
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I hereby agrea the Rules and Regulations of the Town of Barnstable regarding the above
constructic
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LaFleur Development
16169 1 1/2 story
No .................. Permit for ....................................
single family dwelling
...............................................................................
Ono-
Location .9).!Z....JaZdce.-Ia-ne...........................
.............................ItYA ...................................
Owner ...............LaFleur...Development.........
. ............... .......... ....... ....
Type of Construction .................f.rame..............
...............................................................................
Plot .............I............... Lot .................&; ...........
Permit Granted ........April.......
27...............19 73
..........
Date of Inspection ......... .......... ...............19
Date Completed .........19
PERMIT REFUSED
................................................................ 19
...............................................................................
...............................................................................
...............................................................................
...............................................................................
Approved ................................................ 19
...............................................................................
...............................................................................
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12ifti2011 15:25 (508)862-9399 Wasser Firm 11 Page 1/3
BRIAN JAY WASSER
ATTORNEY AT LAW
Y.&`.. =1978 Xfm id,Aa CT 601 (508)862-9999 &wdaime ZM cam
December 2.201.1
Mr.Thomas McKean-Health Director
Town of Barnstable
Public Health Division
200 Main Street
Hyannis,MA 0260I
Dear Mr.McKean:
Enclosed herewith,please find check#599 in the amount of$90. This payment was properly and
timely made no later than early June of 2011. Tardiness due to delaying six months to request a new check
be issued without a resen-ation of rights renders any imposition of a late fee unreasonable. A reservation of
rights is a legally penuisstble,recognized practice udder stale law.
Payr rent is hereby made under protest and homeowner reserves all rights to dispute same.
The dispute includes;but is not limited to,the following:
1. The property in question is a single-family,owner-occupied,primary residence.
2, 3nspections based upon annual,routine scheduling constitutes a warrantless search and seizure in
violation of state and federal constitutional guarantees of an individual's privacy and security-in
their persons and houses. Whereas government officials.are prohibited from entering upon the
lands of the homeowner in question,there remains no justification for imposing the fee.
3. Under the original and common system of enforcement whereby inspections are supported by
probable cause triggered by a complaint under oath or affirmation,the cost of such inspections are
born by the community via the general tax fund. Under the rental registration program_the cost of
community-wide,routine inspections are imposed upon select homeowners. This inequitable
inconsistency implicates both the constitutional right to due process as well as equal protection,
and may further be the result of an invalid and inappropriate use of a municipality's power to tax
and impose fees. Whereas your office and its inspectors are funded by the general tax fund and _
are already legally required to fulfill the role of health&safety inspections,it is unconstitutional
to charge select citizens monies to pay for services your department was already obligated to
perform. (This may be analogous to a police officer s ineligibility to collect a bounty or reward for
apprehending a wanted criminal,but certainly so if-trictims were charged an extra fee for the.
service and protection of the police.)
4. The rental registration program's exemptions of certain property owners who are not otherwise _
subject to annual,routine inspections violates the constitutional right to equal protection. M
Additionally,as non-rental properties,such as primary residences,are exempt from the annual
inspections;there appears to be no rational basis for the law in fulfilling its stated purpose.
Similarly,charging a fee is a deterrent to safety inspections,as contrasted with safety inspections
performed free of charge by other departments.
5. The rental registration program is an ex post facto law because it applies retroactively to acts
which were previously permissible. A registering homeowner agrees to certain conditions and
gives up additional rights to autonomy and otherwise less restrictive controls on the free use and
management of one's lands and realty. Furthermore,non-compliance may result in further costs,
fees,and penalties which could ultimately lead t0 criminal liability to the non-compliant
homeowner. Ex post facto laws are prohibited by Article I,Section 10,Clause 1,of the U.S.
0
12XQ12011 16:25 (508)862-9399 'Nasser Firm Page 2/3
Constitution. The U.S.Supreme Court has struck down some retroactive civil laws intended to
have a punitive intent. Ownership of a rental property'prior to the creation of the registration
program is not listed among the exemptions. Thus,no"grandfather"clause.or other compensatory
provision exists for those who purchased and rent property in reliance upon the laws as they
existed at the time of purchase or rental.
6. Whereas hundreds of properties that would be covered under the terms of your program are
nevertheless over-looked,the failure to implement areasonable identification system to ensure
equal application among such.covered properties further defies equal protection both as written
and as applied,
7. In the event a warrantless search uncovers violations,the non-compliance with which could
ultimately lead to criminal liability,same would violate the constitutional gumuntee against self-
incrimination.
8. Application of the registration program to pre-2006 homeowners may violate due process and for
all homeowners subject to registration,their property values are decreased by at least$90.00 per
year. Such decreases in property value by a government may constitute a"taking"whereby the
Town is required to compensate such homeowners for die value of the taking.
9. Information required by the registration"application"form also carries far-reaching legal
implications for the unwary homeowner. Homeowners who reveal personal and protected
information about tenants expose themselves to liability from third-party claims for breach of
privacy. Information about the horneoumer and occupants appears to have no relation to the
registration laws stated purpose,such as the age of the homeowner,and disclosure of other
information is questionable on grounds against self-incrimination,given the stated purpose of the
inspections and ultimate CCnS�.,trances to rim comp' "t homeowmers.
1-0. Collateral rights and obligations governed by landlord-tenant law and contract law militate against
a landlord permitting routine inspections of leased premises. Landlords are bound to preserve the
quiet enjoyment of their leased premises and the law limits a landlord's right to enter the premises,
either directly or through an agent(i.e.,government officials). The registration program,by
interfering with tenancy contracts and obligations of landlords to their tenants violates the
constitutional right to contract,and contravenes state laws that imply obligations,such as quiet
enjoyment,upon landlords.
For the reasons stated above,among others,the enclosed registration payment and all such
payments made in the future are hereby disputed and all rights are reserved.
NO GOVERNMENT OFFICIAL,EMPLOYEE,AGENT OR REPRESENTATIVE IS PERMITTED
TO ENTER UPON THE ]LANDS OF THE SUBJECT HOMEOWNERS) ABSENT A WARRANT, ANY
SUCH TRESPASS, CTPIL• RIGHTS VIOLATION, AND/OR CRIME SHALL BE PURSUED AND
PROSECUTED,AS THE CASE MAY BE,TO THE FULLEST EXTENT OF THE LAW.
Vela'truly yours
Brian J.Wasser,Esq.
06/08/2011 14:39 FAX R 002
Rol-f
To whom it may concern,
I would like to take this opportunity to explain my last living situation, I lived at 28 Janice lane in
Hyannis,ma.My lease was for March 2010-March 2012 which I was unable to finish out my lease there
and left early because of the problems between the landlord and I.When we first moved in a lot of
things did not work, like the heat,and the landlord had said he was going to fix them.And when winter
came he did not fix them and told me to just buy space heaters this was a big concern for me because of
the fire hazard they propose so I then reported him to the town and he was violated for it along with
many other things in the house(There were fleas from previous tenants,no window in the bathroom,
many electrical outlets shorted,etc.)This list could go on for days but once I reported him in October he
then gave me a notice to quit claiming I stole electricity for using a pool during the summertime.Our
utilities were included in our rent but our electric got shut off twice and our gas got shut off once
because he did not pay them.He also rented my basement illegally to a younger couple who liked to
party knowing I had small children and he then told us we had to share our kitchen with them,then
tried to get me to sign one lease for the whole house because the town came and shut down the
basement apartment which 1 refused because I did not want to held responsible for the violations.So
what I am trying to say is I feel as if he will try to ruin my name and give me a bad reference and would
lake to give my side of the story. If you need more information on this situation please contact the
numbers listed below to verify what I have said above.I also still have all of the emails between us if you
would like to get more information on the situation I feel these emails and people listed below will
definitely give a better judge of character for the both of us.
Thank you,
Carlene.Jones
1) Town of Barnstable zoning department--Robin Anderson S08-862-4038
,,5z)% =]c-(n'6o?36 ---
2) Timothy B O'Connell,R.S
Health Inspector
Town of Barnstable
Health Division
O'Connell,Timothy"Timothy.00onnell@town.bamstable_.ma.us
3) My Lawyer-Robert Zelda 505-548-0237
06/08/2011 14:39 FAX 001
LUXURY HOMES & ESTATES
9 PARKER ROAD
OSTERVILLE MA 02655
PHONE: 508-428-4443
FAX: 508-428-4493
To: CAD\
Fax:
Phone:
From:
Phone: 1
Date:
Re:
Pages (plus cover sheet):
Notes:
J
r4a�
I �-
Message Page 1 of 1
Anderson, Robin
From: Anderson, Robin
Sent: Wednesday, June 08, 2011 3:36 PM
To: 'tanya@margosells.com'
Subject: Carlene Jones
Hi Tanya,
I cannot attest to Carlene's rental history with regards to payments as I was never involved in that
aspect. I am also unable to verify some of the circumstances cited in the letter you faxed over but I can
say that I have a long history with Mr. Wassar. Our file in this office reflects many years of enforcement
efforts and failure to comply complaints predating Carlene's occupancy.
What I can say is that Carlene's representation concerning the basement apartment is true and her lease
did in fact include utilities. You should also know that I had occasion to inspect Carlene's unit
unannounced at least on three separate occasions and found her unit to be immaculate each time. I
found her and her companions or visitors to be helpful, polite and cooperative.
If you wish to discuss my interaction with Mr. Wassar please call me directly.
W96in
Robin C .Anderson
Zoning Enforcement Officer
Town of BarnstabCe
200 Nain Street
Hyannis, NA 026o1
5o8-862-4027
6/8/2011
yoFY►+, r � Town Of Barnstable
Regulatory Services
MRNMBLE. `
MASS. Thomas F. Geiler, Director
rFn,r,A�b 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
PLEASE FORWARD THE ATTACHED PAGE(S) TO:
TO:
ATTN: (,{J
FAX NO:
RE:
(;;FRO �o �� �- �®9-7
DATE:
PAGE(S): ' (INCLUDING COVER SHEET)
` b✓(0�1 -
_
�� is
Revr121901
P, 1
Communication Result Report ( Apr, 7, 2011 3:49PM )
2)
Date/Time : Apr, 7. 2011 3:48PM
File Page
No. Mode Destination Pg (s) Result Not Sent
----------------------------------------------------------------------------------------------------
5364 Memory TX 95088629399 P. , 1 OK
----------------------------------------------------------------------------------------------------
Reason for error
E. 1) Hang uD o r l i ne fa i l E. 2) Busy
E. 3) No a n s w e r E. 4) No f a c s i m i 1 e connect i on
E. 5) Exceeded max. E—ma i 1 size
Town of Barnstable
Regulatory Services
- - � � Thamav F.Ceikr,Dircelvr
Building Division
Tbaroea Furry,CBO,Building Commksivner
200 Main Sven,.Hyannis,MA 02601 -
www.townbarnsfablemaur -
office:508-862-4039 F=509-790-6230
PLEASE FORWARD THE ATTACHED PAGE(S)TO:
ATTN: �y
FAX NO:
RE: .
FROMn
DATE: `�"�\\
PAGE($): I UNCLUDING COVER SHEET)
6/2011 10:52 (508)862-9999 Wasser Firm Page 1/1-
March.24, 201.1.
Town.of Barnstable
Building Division
200 Main Street
Hyannis, MA 02601
Attn.: Robin C. Anderson, Zoning Enforcement Officer
Faxed To: (508) 790-6230 -
i 2
Re: 28 Janice - -
Dear Officer Anderson:
Thank you for your letter of March 17, 2011. y
q
Please understand our invitation.for the Town to inspect the subject property was
specifically for the purpose of clarifying the issues, both factual and Legal.. We view this
as the first logical step to resolving matters to everyone's satisfaction.
Should any doubt or dispute remain following this initial inspection,there are
plenty of avenues we can.avail ourselves of to ensure an amicable resolution. If, for
example, there is a building code issue, the State will send an official down to assist the
parties in settling the matter. Other avenues exist for other types of laws or codes.
As prior correspondences from the Town. (including your recent letter) have made .
no reference to any specific law or code and facts recited have been vague, owners are
without sufficient information to make a meaningful evaluation of any of the concerns
being raised.
One thing we both seem to agree on is that the property is a single-family home.
In addition, Town records support our understanding that it is a four bedroom house.
This seems to be a positive place to start from. .Let us see how far we can.go from here.
-Please contact me for an on-site meeting and inspection that accommodates your
schedule. Thank you.
Respectfully,
Brian Wasser
Tel. (774) 238-0090
Fax. (508) 862-9399
a
s
I.�
oFtHE r Town of Barnstable
ti
0
Regulatory Services
� BARNSCABLE, ►
y MASS. �, Thomas F. Geiler,Director
�p i63q. �0
rFnrA Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
Office: 508-862-4038 Fax: 508-790-6230
March 17, 2011
Brian Wasser
Susan Quealy-Wasser
PO Box 1978
Hyannis, Ma 02601
Re: 28 Janice Lane, Hyannis
Dear Mr. Wassar&Ms Susan Quealy-Wasser:
This letter is in response to your faxes received in this office on 3/16/2011. You requested written
verification supporting your claim of"existing non conforming"status for your property located at 28
Janice Lane. I am compelled to advise you that your apparent assumption of a legal pre-existing non
conforming status is greatly mistaken.
The subject dwelling at 28 Janis Lane was constructed as a single family home per the building permit
issued on April 27, 1973 and as such is limited strictly to a single family use. I found that the lower level
living area does not enjoy the benefit of legal pre-existing non conforming status. Your ability or inability
to prove this area was legally created is paramount in this determination and entails producing building
permits and evidence of zoning relief for the aforementioned non conforming use.
I agree that an inspection would be advisable. Having once again reminded you that you are limited to.
installing a single family in this dwelling, I am also required to reiterate that NO use of the basement for
sleeping purposes,rental, or sub-renting is allowed as a matter of right. In fact,you have previously been
advised and required to obtain a building permit in order to remove the offending food preparation area in
the basement as well as designated sleeping areas lacking proper egress.
At this juncture,I must notify you again that a building permit is required to once again remove the kitchen
in the lower level and eliminate all of the aforementioned illegal bedrooms and restore this property to a
single family.home.
You are now required to submit a new permit application by April 1,2011, complete all of the work
identified above and obtain satisfactory inspections by all agents of Regulatory Services prior to the
intended installation of new tenants on May 1,2011. Failure to do so may result in additional enforcement
action.
`Sine ely,
Robin C.Anderson
Zoning Enforcement Officer
16/2011 13:02 (508)862-9999 Wasser Firm Page 1/1
March. 16, 201.1.
Town.of Barnstable
Building Division
200 Main Street
Hyannis, MA 02601
Attn.: Jeffrey L. Lauzon, Local Inspector
Faxed To: (508) 790-6230
Re: 28 Janice
Dear Mr, Lauzon:
Existing tenants in.the above-referenced property are required to vacate ti' nt )
to order of fn.e District Court by the end of April. Currently, there are no occupants using
the lower level of this property.
Owners would like to make the property available, in its entirety, for new tenants
as early as May 1,2011. However,the "existing,non-conforming" status of the lower
level remains an outstanding issue.
Therefore, we seek written confirmation of this status from the Building Dept.
such that no changes need be made to the lower level.of this property as well as
certification that one of the lower level rooms qualifies as a legal bedroom.
If a new inspection is desired before making a final written determination,please
do.not hesitate to contact me to arrange for same.
Thank you.
Respectfully,
Brian Wasser
Tel. (774) 238-0090 .
Fax. (508) 862-9399
16/2011 13:01 (508)862-9999 Wasser Firm Page 1/1
March. 16,201.1.
Town.of Barnstable `4
Building Division a `~
200 Main Street
Hyannis,MA 02601.
Attn..: Robin C. Anderson, Zoning Enforcement Officer
Faxed To: (508) 790-6230 -
-Re: 28 Janice
Dear Officer Anderson: -
Existing tenants in.the above-referenced property are required to vacate pursuant
to order of th.e District Court by th.e end of April. Currently,there are no occupants using
the lower level of this property.
As a courtesy to you and your department, owners promised not to permit any
new occupants to sleep in the lower level unless and until you were provided with an
opportunity to inspect same to your satisfaction.
As owners would like to make the property available to new tenants as early as
May 1., 2011,we are pleased to extend.to you this opportunity to so inspect.
Additionally, we are requesting your department's written approval of the property's
condition.
Please feel free to contact me at your earliest convenience to schedule this
inspection. Thank you.
Respectfully,
Brian Wasser
Tel. (774) 238-0090
Fax. (508) 862-9399
P. 1
Communication Result Report ( Mar. 17. 2011 11 : 28AM }
1)
2)
Date/Time : Mar, 17. 2011 11 : 27AM
File Page
No, Mode Destination Pg (s) Result Not Sent
-------------------------------------------------------------------------------------------7--------
4982 Memory TX 95088629399 P, 1 OK
----------------------------------------------------------------------------------------------------
Reason for error
E. 1) Hang up o r 1 i ne fa i 1 E. 2) Busy
E. 3) No answer E. 4) No facsimile connection
E. 5) Exceeded max. E—mail size
Town of Barnstable
t , Regulatory Services
sues Themas F.Geiley Director -
adsa Building Division - -
- Tom Ferry,Building Commissioner
20D Wain Street,14yamis,MA 02601 .
Office:508-8624038 Fax:509-790-6230
March 17,2011 -
- Brian Wasser .
Susan Quealy-Wassmr,
PO Box 1978 ' -
Hyannis,Me 02601 -
Re,28 Janice Lane.Hyannis .
Dear Mr.Wassar&Ms Susan Queerly-Waswr:
Thisl=aisinmspmsemyowft=recetvediatbisoffimm3/1612011.Youregoesiedwrituo
verification supporting your claim of"ezistiog eon wnfnnoine dams for your property located at 28 -
Janice Lane.I eon compelled to advise yen thud your appamm assumption are legal preexisting non -
conforming states is greatly ralvadm. - -
The s bjem dwelling at 28 Janis Lone wms constructed as a single family hone pwdo building pemit -
issued m Apui127,1973 and as such is limited strictly to a single family use.I food tbut done lomr level
living era it—non enjoy the baefd oflegd preaiuingim amdmmng status YomabilityminabiTity
an pove this era was legally created is paramount in this determination and entails producing building -
permits and evidence of zoning relieffordme afommeutimmd non conforming use.
I agree that an inspection would be advisable.Having once again reminded you that you are limited to
installing a single family in this dwelling,I am also required to mimmte dot NO use oftie basement for
sleeping puposos,metal,or sub-reraiig is alhtwedw a matte ofright.Jn fact,yen have previously been _
advised and required to*Win a buildue permit in order to rasneve the offending food lreparation area in
the basement as,w it as designated steeping areas lacking limper egress. -
At this junctum,I must notify you again Omer a balding permit is required to ones again remove the kitchen
in the lower,]aver]and alimbtam all of the aforementioned illegal be howa s and ream-this properly to a
singiefunilyhoma.
You are rmerregidmd to submit a new pemmit appraxtim by April 1,2011,complete all ofthe work
Identified above and obtain satisfactory inspections by all agents of Regulatory Services prior to it. - ,
amended installation ofnew tenants an May 1,2011,Failure to do m may mutt in additional enforcement + .
-aim,
Robin C.And-
- Zoning a lfureement Officer
i i
BIRST INSPECTIONS
DATE: July 22,2010 Thursday,Evening 5:00 PM
PRESENT: Local Inspector Jeffrey Lauzon„ Donald Demarasis, Health Inspector,
Officer Scott Wright, Officer Dave Haggerty, and Robin Anderson, Zoning Officer
316 Sea Street -
217 Sea Street
111 Sea Street
28 Janice Lane
Found a number of people outside on side porch.
First floor unit encompasses traditional dwelling space with two bedrooms on second
floor.
Carlene and Nina Jones and two children reside here.'
The house very neat and clean.
Batteries were missing from smoke detectors upstairs but one unit was operating as we
departed.
Tenants advised that they will obtain another combo unit for upstairs hall as advised.
Admitted to basement apartment via interior stairway.
It should be noted that the upstairs tenants are friends with the tenants in the lower level
unit.
Stairway had items impeding ability to freely traverse.
Advised tenants to refrain from storing products on stairs.
Found basement apartment with complete kitchen.
Basement bedroom had no egress—only a portion of a typical basement window.
Tenant had two dogs.
There was a large room off of the bedroom that was obviously being used for storage but
could easily be used for sleeping.- again lacking proper.egress for that use.
On the other side of the center staircase was a combination living area with a full kitchen.
This area had a stairway directly to the outside on the side of far side of the house:
The tenant was advised to at least sleep in this area as it had a door
An exit order was issued and provided to the tenant.
Stefani Lopez and Michael Lawson, tenants in the lower level unit advised that they wire
evicted from their place and did not have enough money to provide first, last and security
in order to obtain a proper apartment.
a
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I_
A copy of the lease for the upstairs was provided,
It should be noted that this lease includes gas,,electric and water.
The primary unit pays 1525.00 a month.
The lower level unit pays $950.00. Including utilities.
This lease was signed on May 15, 20.10 accordi9ng to tenants and they moved in on May
301" only after they were able to raise the deposit.
Found lower level railing to be too high.
54 Melbourne Road
Must move painting trucks
Owner is now working for another painting contractor in Ost.
This truck can stay because property owner does not own that business.
The other painting trucks must go.
Owner can keep unmarked painting van(it's a passenger van not a panel truck)
Dwelling needs CO & Smoke detectors
Relocate brother from basement apartment bedroom to second floor den
Explore family apartment option
Likely will have to reduce bedroom count to accommodate bedroom in basement
Owner did come in the following week and obtained building permit application to
remove kitchen in basement (residents not there year round) and eliminate one bedroom
on second floor by opening wall with a 5' cased opening.
24 Redwood Lane Ext
J;
2
BIRST INSPECTIONS
DATE: July 22,2010 Thursday Evening 5:00 PM
PRESENT: Local Inspector Jeffrey Lauzon„Donald Demarasis,Health Inspector,
Officer Scott Wright, Officer Dave Haggerty, and Robin Anderson, Zoning Officer
316 Sea Street
217 Sea Street
111 Sea Street
28 Janice Lane
Found a number of people outside on side porch.
First floor unit encompasses traditional dwelling space with two bedrooms on second
floor.
Carlene and Nina Jones and two children reside here.
The house very neat and clean.
Batteries were missing from smoke detectors upstairs but one unit was operating as we
departed.
Tenants advised that they will obtain another combo unit for upstairs hall as advised.
Admitted to basement apartment via interior stairway.
It should be noted that the upstairs tenants are friends with the tenants in the lower level
unit.
Stairway had items impeding ability to freely traverse.
Advised tenants to refrain from storing products on stairs.
Found basement apartment with complete kitchen.
Basement bedroom had no egress—only a portion of a typical basement window.
Tenant had two dogs.
There was a large room off of the bedroom that was obviously being used for storage but
could easily be used for sleeping.- again lacking proper egress for that use.
On the other side of the center staircase was a combination living area with a full kitchen.
This area had a stairway directly to the outside on the side of far side of the house.
The tenant was advised to at least sleep in this area as it had a door
An exit order was issued and provided to the tenant.
Stefani Lopez and Michael Lawson, tenants in the lower level unit advised that they were
evicted from their place and did not have enough money to provide first, last and security
in order to obtain a proper apartment.
1
p�
A copy of the lease for the upstairs was provided,
It should be noted that this lease includes gas, electric and water.
The primary unit pays 1525.00 a month.
The lower level unit pays $950.00. Including utilities.
This lease was signed on May 15, 2010 accordi9ng to tenants and they moved in on May
30th only after they were able to raise the deposit.
Found lower level railing to be too high.
54 Melbourne Road
Must move painting trucks
Owner is now working for another painting contractor in Ost.
This truck can stay because property owner does not own that business.
The other painting trucks must go.
Owner can keep unmarked painting van(it's a passenger van not a panel truck).
Dwelling needs CO & Smoke detectors
Relocate brother from basement apartment bedroom to second floor den
Explore family apartment option
Likely will have to reduce bedroom count to accommodate bedroom in basement
Owner did come in the following week and obtained building permit application to
remove kitchen in basement(residents not there year round) and eliminate one bedroom
on second floor by opening wall with a 5' cased opening.
24 Redwood Lane Ext
2
Tl
F
Barnstable Assessing Search Results Pagel of 2
1 -
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9:
F$ r
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Home: Departments:Assessors Division: Property Assessment Search Results
Er 28 JANICE LANE
Owner:
QUEALY-WASSER,SUSAN Property Sketch Legend
Map/Parcel/Parcel Extension
307 /274/
Mailing Address ' l
QUEALY-WASSER,SUSAN t B
PO BOX 1978
HYANNIS,MA.02601
2005 Assessed Values:
Appraised Value Assessed Value
Building Value: $ 124,000 $ 124,000
Extra Features: $2,400 $2,400
Outbuildings: $0 $0
Land Value: $ 108,300 $ 108,300 Interactive Property Map: Map requires Plug in:
Totals:$234,700 $234,700 1 have visited the maps before
Show Me The
April 2001 photos available
Sales History:
Owner: Sale Date Book/Page: Sale Price:
QUEALY-WASSER,SUSAN 1/29/2003 16316/119 $275,000
RODRIGUES,JOSE LIDIO& 4/12/2001 13723/274 $ 149,000
THORENSEN, KRISTINE J 4/11/1980 3098/125 $0
2005 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation)
Land Bank Tax $42.60 Town Fire District Rates Other I
$6.05 Barnstable-Residential $2.12 Land B.
Barnstable-Commercial $2.80
Hyannis FD Tax(Residential) $356.74 C.O.M.M.-All Classes $1.01
Cotuit FD-All Classes $1.28
Town Tax(Residential) $ 1,419.94 Hyannis-Residential $1.52
Hyannis-Commercial $2.39
W Barnstable-Residential $1.44
W Barnstable-Commercial $2.10
Total: $ 1,819.28 Due to rounding differences these values may vary
http://www.town.bamstable.ma.us/tob02/D epts/AdministrativeS ervices/Finance/Assessing... 1/14/2005
A _ �
Barnstable Assessing Search Results Page 2 of 2
Land and Building Information
Land Building
Lot Size(Acres) 0.22 Year Built 1973
Appraised Value $ 108,300 Living Area 1512
Assessed Value $ 108,300 Replacement Cost$ 153,114
Depreciation 19
Building Value 124,000
Construction Details
Style Cape Cod Interior Floors Carpet
Model Residential Interior Walls Drywall
Grade Average Heat Fuel Gas
Stories 1 1/2 Stories Heat Type Hot Water
Exterior Walls Wood ShingleClapboard AC Type None
Roof Structure Gable/Hip Bedrooms 4 Bedrooms
Roof Cover Asph/F GIs/Cmp Bathrooms 2 Bathrooms
Total Rooms 6 Rooms
Extra Building Features
Code Description Units/SQ ft Appraised Value Assessed Value
FPL2 Fireplace 1 $2,400 $2,400
Property Sketch Legend
BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished)
BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished)
CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished)
FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished)
FCP Carport GRN Greenhouse UUA Unfinished Utility Attic
FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished)
FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck
FOP Open or Screened in Porch TQS Three Quarters Story(Finished)
hq://www.town.barnstable.ma.us/tob02/Depts/AdministrativeS ervices/Finance/Assessing... 1/14/2005
Property Location: 28 JANICE LANE MAP ID: 307/274///
Vision ID: 24811 Other ID: Bldg#: I Card 1 of 1 Print Date:05/13/2003 15:40 %j
........... OAR A J."I"I'Ll F: Iu i
RODRIGUES,JOSE LIDIO& I Level ublic Wate I aved Description Code Appraised Value Assessed Value
RODRIGUES,LUCILIA D R as ES LAND 1010 28,800 28,800 801
28 JANICE LN RESIDNTL 1010 94,800 94,800
HYANNIS,MA 02601 �eptic I Barnstable 2003,MA
K!,
Additional Owners: ccount# 219551 Plan Ref. 267/039
Tax Dist. 400 Land Ct#
Per.Prop. #SR
Life Estate
#DL1 LOT Notes: VISION
9DL2
GISID: 24811 Total l 123,6001 123,600
$44TERAl"r,C,RODRIGUES,JOSE LIDIO& 13723/274 04/12/2001 Q 1 149,000 00 Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value
THORENSEN,KRISTINE J 3098/125 04/11/1980 Q 0 2002 1010 28,800 2001 1010 28,800 2000 1010 24,400
2002 1010 94,400 2001 1010 94,500 2000 1010 69,900
Total. 123,200 Total: 123,3001 300
YE f,
This signature acknowledges a visit by a Data Collector or Assessor
g W
Year TypelDescription Amount Code Description Number Amount Comm.Int.
kA
Appraised Bldg.Value(Card) 92,200
Appraised XF (B)Value(Bldg) 2,600
Total.I Appraised OB (L)Value(Bldg) 0
Appraised Land Value(Bldg) 28,800
Spe L cial Land Value
NOTES
*IN GIVEN AT
I P)
D06IR............
................ Total Appraised Card Value 123,600
Total Appraised Parcel Value 123,600
Valuation Method: Cost/Market Valuation
�et
total Appraised Parcel Value 123,600
"A
M A ilk— (44
Permit ID Issue Date Type Description Amount Insp.Date %Comp. Date Comp. Comments Date ID Cd. Purpose/Result
3/12/2002 PT 00 eas/Listed
6/15/1988 ML
5
4
II,"
60!1 VA
B9 Use Code Description Zone D Frontage Depth Units Unit Price I.Factor S.I. C.Factor Nbhd Adj. Notes-AdjlSpecial Pricing Ad. Unit Price Land Value
1 1010 ingle Fam RB 4 0.22 AC 277,000.00 1.00 5 1.00 61AC 0.45 SPCL(.22,U10)Notes:10 IBLD 289800
Total Card Land Units 0.22 AC Parcel Total Land Area: 0.22 AC Total Land Valu4l 28,800
Property Location: 28 JANICE LANE MAP ID: 307/274///
Vision ID:24811 Other ID: Bldg#: 1 Card I of I Print Date: 05/13/2003 15
WN IN N
C Element o. Ch. Description Commercial Data Elements
Style/Type )4 Cape Cod Element Cd. ICh. Description
Model )i Residential Heat&AC
Grade Average Grade Frame Type 36
tories .5 11/2 Stories Baths/Plumbing
Occupancy 0 Ceiling/Wall
Rooms/Prtns
Exterior Wall 1 14 Wood Shingle %Common Wall
2 11 Clapboard all Height
Roof Structure 03 Gable/Hip WDK
Roof Cover 03 Asph/F GIs/Cmp ........CONDO/tOBC HQMEAA A z
1 C FH
Interior Wall 1 05 Drywall Element Code Description Factor 24 BAS 24
2 10 BMT
interior Floor 1 14 Carpet Complex
2 Floor Adj
Unit Location
eating Fuel 03 as
Heating Type 05 of Water Number of Units
AC Type DI one Number of Levels
%Ownership
Bedrooms 4 Bedrooms 36
Bathrooms 2 Bathrooms Ti
0 2 Full Unadj.Base Rate 60.00
Total Rooms 6 Rooms Size Adj.Factor 1.08293
Bath Type Grade(Q)Index 1.01
Kitchen Style dj.Base Rate 65.63
Bldg.Value New 108,421
Year Built 1973
Eff.Year Built (A)1985
Nrml Physcl Dep 15
Funcnl Obslnc 0
�'M ,'Econ Obslnc 0
(-nrjp Dpsrrintinm Percentapp —Specl.Cond.Code
1010 Single Fam too Specl Cond%
Overall%Cond. 85
Deprec.Bldg Value 01"n
Code Description LIB Units Unit Price Yr. Dp Rt %Cnd Apr. Value
FPL2 Fireplace B 1 3,000.00 1985 1 100 2,600
Code Description Living Area Gross Area Eff,Area Unit Cost Undeprec. Value
BAS First Floor 864 864 864 65.63 56,704
BMT Basement Area 0 864 173 13.14 11,354
FHS Half Story 605 864 605 45.96 39,706
WDK Wood Deck 0 100 10 6.56 656
Ttl. Gross LivlLease Area 1,4691 2,6921 1,6521 b1de Val: 108,4211
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TOWN OF BARNSTABLE
August 10,2010
Town of Barnstable 2010 AUG 13 PM 1 3
Building Division
200 Main Street
Hyannis, MA 02601 .
Attn.: Mr. Lauzon
Re: 28 Janice
Dear Jeffery L. Lauzon, Inspector:
This will confirm our conversation of 8/9/10 wherein owner called for
clarification concerning your findings with respect to the above referenced property.
After much questioning, in addition to your repeated response that owner "needs
to come in and apply for a permit," you finally allowed that you wanted the property
owner to alter the existing structure by removing a wall or portions of a wall to a
basement room where there is a typical size (2 '/2 ft. +) interior doorway.
Owner understood this to mean that by replacing the door with a large, doorless
opening, owner will have satisfied all the building department's concerns about the
property. Please confirm this understanding.
Moreover, you accused owner of having previously conformed to structural -
requests by. cs.the department, and then later undoing said change(s), however,you would
not give specifi If you continue to contend this story, please provide the .
documentation,'including permits, applications,plans and inspections conceming.;the,
conforming work that supports the good-faith basis of your contention. ,
You also accused owner of having done building or structural work without a
permit. Again,you would not specify. Nevertheless, owner placed you on notice that the
Building Department records and computer systems concerning this property had either
been tampered with, or otherwise compromised about five years ago.
After much questioning about guidance from the building code for owner to
evaluate the wall removal project, and with apparent reluctance, you eventually referred
owner to "780 CMR." •
On August 10,2010, owner contacted the Massachusetts Department of Public
Safety, Building Code Division concerning this matter. As it turns out,your reference to
780 CMR" was no more helpful to them than it was to the owner. The person owner
was referred to for this matter is presently out of the office and is not due to return until
August 1*6,2010:_,After-such time; -either_owner or the State will follow up°with you to
deternline how'best,to proceed.. i
v �Q3�y
Owner is contemplating a state inspection of the property so as to assist the local
building department with a more clear and definitive determination. In the meantime, it
would be helpful if you could provide us with a detailed explanation as to why the
property does not qualify as "existing nonconforming."
Owner further requests additional time to have a hostile tenant removed from the
premises in order to conduct any required construction in a safe and controlled
environment. Owner will not permit further occupation of the basement floor unless and
until code matters are resolved to the satisfaction of the Town Building Department.
Th .k you,
ri Wasser
«:
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e �• .. 'r �. ... .:
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ROBERT WILLIAM ZEIDA
Attorney at Law
178 EAST FAUJOUTH.HIGHWAY
POST OFFICE Box 962
EAST FALMOUTH,MASSACHUSETTS 02536
robert.zeida@gmail.com
Telephone: (508)548-0237
March 2, 2011
To: Ms. Robin Anderson, Zoning Administrator
Re: Quealy/Wasser v Jones et al,
First Disrict Court
Docket No. 1025 S1J 2227
Per our recent discussion, my Clients, Carlene and.Nina Jones, very much appreciate your
agreement to testify at the trial of the above eviction trial on Thursday,March 3,2011,at 9:00 a.m.
Please be so kind as to be at the courthouse'at 8:45 a.m.Please bring with your offiice's .file
pertaining to 28 Janice Lane, Hyannis,MA.
Thank you.
cc: Brian Wasser,Esquire `
Carlene &Nina Jones
9
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%11iP/2010 15:52 (508)862-9999 Wasser Firm Page 1/2
tv ,
August 30, 2010
Town.of Barnstable.
Building Division
200 Main Street - -�
Hyannis, MA 02601
Attn..: Robin C. Anderson, Zoning Enforcement Officer
AUG 3 0 REC'D
Faxed To; (508) 790-6230
Re: 28 Janice IBY
Dear Officer Anderson:
I regret your letter of August 18,2010 was addressed incorrectly such.that I have
only received it this day. 1 am partly at fault for some of the delay, as I did not notice the
registered mail slip (retrieved approximately last Thursday)until after leaving the post
office.
Fortunately, we were.able to receive your letter just in time to respond with a
declaration of our intentions before September 30t`. To the extent still.required, please
accept this as our formal declaration of intention to comply with all laws and orders of
your department.
To this end,we have already contacted the State Building Code Division of Public
Safety to enlist their assistance in this matter as well.
We greatly appreciate your courtesy and accommodation as we are dealing with a
troublesome tenant who also refuses to cooperate or communicate with us, and all at a
difficult time when we .lost our vehicle in a recent accident,had a funeral.to attend, were
unavailable due to vacation plans, and the list goes on.
I acknowledge the account given from your records does not paint a rosy picture,
however, I can assure you there are extenuating circumstances and missing information
that would demonstrate our good-faith, both as purchasers and owners.
Of course, if you have identified currently existing violations requiring physical
changes, as a practical matter, our history with.this property may be of no consequence
other than to avoid raising the ire of the Building Dept.
I do look forward to meeting with you after the tenants vacate to dispel.
misunderstandings and ultimately, to set things right with your department.
If it helps to alleviate any doubt,we are willing to place money in escrow for
purposes of code compliance, or even to apply for a permit in advance of the tenant's
departure. Please advise if any of these ideas are plausible or desirable.
For future reference, please feel free to call or fax important communications.
Res2ectful(y,
Brian
. Wasser
I i/IY123pvV V cl. 7
Fax. (508) 862-9399
�-�° R
���'� _
DATE: Sept. 8, 2010
TO: Building File
FROM: R Anderson, ZEO
RE: Wasser, 28 Janice Lane, Hyannis
Responded to complaint of illegal apartment at 28 Janice Lane, Hyannis on 7122, 2010.
Found property once again converted to and used as a two family home in a single family
zone (RB).
The property is owned by Attorney Brian Wasser and his wife, Susan Quealy-Wasser.
See deed BK 17798 Pg 97 dated 10/15/2003. No subsequent deed was found conveying
property to Susan only.
In Feb 2009, Brian Wasser obtained a mortgage on this property in his name only with
Bank of America. f
In his correspondence, Brian Wasser removes himself as a culpable party and fails to
acknowledge his vested interest in the subject property; he also fails to identify he is
married to the record owner as identified by assessing.
Attorney Wasser instead identifies himself as the legal representative for the homeowner.
The two sets of tenants currently residing at 28 Janice Road are admittedly friends.
Both sets of tenants moved in at different times.
The tenant in the lower level informed me they needed a place to live and looked at the
basement area of 28 Janice Lane but refused to rent the space without a complete kitchen
of their own.
There are separate'leases for the upstairs unit and the downstairs unit.
Both leases were written at different times but in accordance with the timeframe outlined
by the tenants.
Landlord did not provide copies of signed leases to tenants of either unit.
It is reported by both tenants that landlord refused to sign lease.
Rent is paid to landlord separately and not collected by one tenant to turn over or submit
to landlord.
Both units have utilities included in rent.
The interior door to the basement locks serves to segregate the basement area from the
first floor occupants and provide privacy.
This provision is contrary to communal living.
The purpose and design of the lower level unit clearly supports the landlord's obvious
intention to rent this space as an independent habitable unit to a second party separate and
aside from the primary dwelling on the first floor.
Currently, the basement tenants are being evicted by LL for failure to pay rent.
The eviction process fails to impact the upstairs tenant thereby supporting the premise
that this is in fact indicative of a separate and independent use whereas there is no
reliance on one another although the parties are friends.
All amenities required to sustain life independently are provided in the lower level
without relying on the use of the primary floor or residents.
The construction of the unit in the lower level occurred without the benefit of permits or
inspections.
This is not a cohesive group. The parties remain unrelated as far as rental agreements,
living arrangements and all other property matters are concerned.
Egress issues have been cited by the local inspector for the basement unit.
The landlord once again created independent living space in the basement and entered
into a rental agreement for said area fully aware of egress issues and zoning violations.
The street file contains well documented history of the same zoning violation, work
without permits and court action.
II7- 10
-act X Afel-
I/ZU10Ib:sJ - - -vva—sse�(rm— Hage 1AU -
917/10
To: Building Dept.
ATTN.: Robin C. Anderson and Jeffrey Lauzon
Fax #: (508) 790-6230
Re: 28 Janice D T C Q
No. of Pages Sent: 22 S E P 0 7 RECT
By
Dear Officer Anderson and Inspector Lauzon,
Please review the application and my earlier letter faxed this same day.
If the application is satisfactory to the Town Building Department, I will forward it,
along with correspondences, to be reviewed by the State.
If there is any additional information you would like the State to consider, you are welcome to
provide it to me, and I will be more than happy to include it as one packet to Public Safety.
After the State confirms the work we are required to do, we will sign the permit application
for it immediately.
Please feel free to make any changes to the application you desire, or note changes
on a separate paper.
In an effort to be helpful, I have taken the liberty of attaching the "Bock" case for you to
look over. Regardless of whether it warrants your reconsideration in this matter, I'hope you
will find it useful in other, future matters you may come across in your line of work.
Thank you for your assistance with this matter.
Sincerely,
Brian Wasser
Tel. (508) 862-9999
Fx.: (508) 862-9399
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To: Building Dept.
ATTN.: Robin C. Anderson and Jeffrey Lauzon
Fax#: (508) 790-6230
Re: 28 Janice
No. of Pages Sent: 22
Dear Officer Anderson and Inspector Lauzon,
Please review the application and my earlier letter faxed this same day.
If the application is satisfactory to the Town Building Department, I will forward it,
along with correspondences, to be reviewed by the State.
If there is any additional information you would like the State to consider, you are welcome to
provide it to me, and I will be more than happy to include it as one packet to Public Safety.
After the State confirms the work we are required to do, we will sign the permit application
for it immediately.
Please feel free to make any changes to the application you desire, or note changes
on a separate paper.
In an effort to be helpful, I have taken the liberty of attaching the "Boch" case for you to
look over. Regardless of whether it warrants your reconsideration in this matter, I hope you
will find it useful in other, future matters you may come across in your line of work.
Thank you for your assistance with this matter.
Sincerely,
Brian Wasser
Tel. (508) 862-9999
Fx.: (508) 862-9399
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asset Firm Page5/22
- Ii
i
RESTORE TO A SINGLE FAMILY
❑ Map/parcel number
❑ Building Permit Application to be.completed.
Approval.Sign-offs from:
❑ Health Department_ (8:00—9:30AM & 3:30-4:30PM)
❑ Tax Collector
❑ Treasurer
FIV4 If Iq 11
❑ : Owners name &address n
E S W�til INVY
❑ Project.valuation must be entered
❑ Builders Information
❑ Signature
❑ Two sets of floor plans showing entire house with rooms identified.
❑ Workman's Compensation Insurance Affidavit State form must be completed and a copy of
Insurance-Compliance Certificate.mustbe submitted., .
❑ Construction Supervisors License&Home.Improvement Contractor's License OR
❑ Homeowner License Exemption Form must be submitted if homeowner is acting as general
contractor or builder for the project.
Property Owner.must'.sign Property Owner Letter of Permission.
❑ A NON-REFUNDABLE Application Fee must be paid upon receipt of application..
All checks should be made.payable to the Town of Barnstable.,
q-forms/bldgpenuits/permitchecklists
rev,061509
asser Firm Page 7/22
The Commonwealth of Massachusetts.
UrDepartment of Industrial Accidents .
Office of Investigations
600 Washington Street
Boston,MA 0211X
www.mass.gou/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information / M1 I Please Print Legibly
Name(Business/Organization/Individual): 5 g� lVlgq Yt%JOW—
Address:
lL 1% f r f /,.a \ 0/
iliy/State%Zlp:1T"Myll J. VE "��" t Phone"#: t v��.�� c -Lys
Are you an employer? Check the appropriate box:
4: I am a enerai contractor and I Type of project(regiured);
1.❑ I am a employer with g 6: ❑New construction
employees:(fill and/or part-time)." have hired the sub=contractors
Z. I am a sole proprietor or partner listed on the attached sheet. 7. :Q Remodeling
ship and have no employees, These sub-contractors have g, [�Demolition
working for me in an ca aci employees and have workers'
g Y P h' 9. E]Building addition
.[No workers' comp.insurance comp. insurance.
t
gutted.) 5. [j We are a corporation and its l0.❑Electrical repairs or additions
3. am a homeowner.doing all work _. officers have exercised their 11:❑Plumbing repairs or additions.
myself. [No workers'comp. right of exemption per MGL 12.[]Roof repairs.
insurance required.]t G. 152, §1(4),and we have no
employees. [No workers' 13.C] Other "
comp.insurance required.]
'Any applicant,that checks box#1 must.also fill out the section below showing their workers'compensation policy information.
t.Homeowners who submit this affidavit indicating they are-doing all work and then hire outside contractors must submit a new affidavit indicating such.
tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have
employecs. If the sub-contractors have employees,they must provide their workers'comp.policy number.lam 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 pave(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 rip 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 maybe forwarded to the Office of.
Inyestitrations of the DIA for insurance coverage verification
Ida hereby certify under pains andpenalties ofperjuty that the information provided above is true and correc4
Signature: Date
Phone#:
Official use only. Do not write in this area,to be completed by,city or town o)TIciaL
'City or Town: Permit/License#
Issuing Authority(circle one):
1.Board otHealth. 2.Building Department 3..City/Town Clerk 4.ElectricaI Inspector 5.Plumbing Inspector
Contact Persons Phone#:
asset irm Page8/22
_ Informatio 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.tinstee 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 dwellinghouse
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"everry 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 alto:any contract for the perforrnaiice of public work until acceptable evideace,of convliarice with the insurance
requirements of this chapter have been presented to the contracting authority."
Applicants
Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and, if
necessary,supply sub-contractor(s)name(s),address(es)and,phone number(s)along with their certificate(s)of
insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the.
members or partners,are not required to carry workers'compensation insurance. If an LLC or UP does have
employees,a policy is.required. Be,advised that this affidavit may be submitted to the Department of Industrial
Accidents for.confirrration ofinsurance 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 ficense is being.requested,not the Departrnent.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 permitllicense 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.subniit 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 fo any business or commercial.wenture .
(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 Comrionweahh of Massachusetts
Depart ment of Industrial Accidents
Office of Investigatianis
600 Washington Sheet
Boston, MA 02.111. .
TO. #617-727-490Q ext 406 or 1-877-MASSAF
Fax#617=727177-49
Revised 11-22-06
i WWW.mass.gov/dia
vyu i�uiu i�:a puts) wasserrirm - Page9122
Town'of Barnstable
♦ s
Reg ulatorY.Services
' � ■ARNSTABLC, .t . . . .
T m ho as F. Geiler,Director
i63g :
tu�rc+a Building Division.
Tom Perry,Building Commissioner
200 Main Street,Hyannis,MA 02601
www.town.b arnstable.ma.us
Office: .508-862-4038 Fax: 508-790-6230
Property Owner Must
Complete and Sign This Section
I€Using A Builder
as Owner of the subject property
hereby authorize to act on my behalf,
in all matters relative to work authorized by this building permit application for...
(Address of Job)
Signature of Owner. Date
Print Name .
. .I f.property. Owner is applying for permit please complete the
Homeowners .License Exemption Fonri on the reverse side.
0YORM S:OWNERPERMIS SION:
' 1
vaivirzu u i�:ai j3-asJ- z=VVVj wasserrirm Hage 10122
Town of Barnstable
Regulatory Services
Thomas F.Geiler,Director
swi:atseau.t,
Ep
s,� Building Division
Tom Perry,Building Commissioner.
200 Main Street,'Hyannis,MA-02601 .
www.town.barnstable.ma us
Officer 508-862-4038 Fax: 508-790-6230
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.
Signatureof Homeowner
Approval of Building Official
Note:. Three-family.dwellings containing 35,000 cubic feet or larger will be required to comply with the.
State Building Code Section 127.0 Construction.Control.
HOMEOWNER'S EXEMPTION.
The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions
of this section(Section 109.1.1-Licensing of.construction Supervisors);provided that if the homeowner engages a person(s)for hire to do.such.
work,that such Homeowner shall act as supervisor."
Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,
Rules&Regulations for Licensing Constiuction Supervisors,Section 2.15) This tack of awareness often results in serious problems,.particularly
when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlrcensed 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 cafe t amend and adopt such a form/certification for use in your community.
Q:\WPFMBS\FOR,\iSlliomeexemptDOC
L
r uaiuiizuiu i5ai (burgbbZ-yyya wassert-irm Fage 11/22
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map Parcel Application#
Health Division Date Issued
conservation Division Application Fee
Planning Dept. Permit Fee
Date Definitive Plan Approved by Planning Board
Historic-OKH Preservation/Hyannis
Project Street Address a -;Yulce LANE
Village
Owner Address of 3 tioe.5F Ufa, Rd;, Yw1 444
Telephone &7 q
Permit O Wyyt 4, 3 ` To tow 1$/V 11G. LAWS'
l� it
6y Qc�forM�c� of iLte f�11��hy work':
Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Total new
Zoning District Flood Plain Groundwater Overlay
Project Valuation Construction Type
Lot Size Grandfathered: ❑Yes U No If yes,attach supporting documentation.
Dwelling Type: Single Family Two Family ❑ Multi-Family(#units)
Age of Existing Structuur `� 7 yfs• Historic House ❑Yes ❑No On Old King's Highway: ❑Yes U No -
Basement Type: a ull ❑Crawl U Walkout ❑Other
Basement Finished Area(sq.ft.) 70 Basement Unfinished Area(sq.ft) %30
Number of Baths: Full:existing_ new Half: existing new $�
Number of Bedrooms: Ll existing_new
Total Room Count(noZas
ing baths):existing 16 new -� First Floor Room Count
Heat Type and Fuel; Ll Oil 13'tiElectric ❑Other
Central Air: 0 Yes &Ko' Fireplaces: Existing J_New Existing wood/coal stove: ❑Yes 1316o
Detached garage:❑existing ❑new size_Pool:❑existing ❑new size _ Barn:❑existing ❑new size_
Attached garage:❑existing. ❑new size_Shed:❑existing ❑new size._Other:'
Zoning Board of Appeals Authorization ❑ Appe"al# Recorded❑
Commercial ❑Yes 0 No If yes,site plan review#
Current Use Si i Proposed Use -�O c -AM idly
APPLICANT INFORMATION
(BUILDER OR HOMEOWNER)
Name Telephone Number
Audi oSS LiC.enSc it
Home Improvement Contractor#
Worker's Compensation#
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE DATE
_ age
COXXOIWF.ALTI7 OF RASSAC 11USET S
DUKES, 89. SUPERIOR COURT
CIVIL ACTION
Mb. 2627
ERNEST a. B0CH,
Plaintiff I
VS.
EDWARD VINCENT, at &I., as nLemharn Of the %aping Raald
Of Appeals of the TAWR of Edgartown, x
Defendants f
i
STATEMERT' OF THE CASE
Plaintiff appeals from a decision of the EdgartoTm Zoning .
Board of Appeals upholding the -.decision of the town building i
inspector, Leonard Jason, Jr. , that Plaintiff 's house is not a
ePsingle family dwelling's as that term is used in the Edgartown
i
Zoning By-Laws. The building inspector has ordered the plaintiff
to remove two of the three kitchens now a part of the newly
constructed house. The plaintiff maintains that despite the three
)titchens, one on each floor, his house is a single family dwelling.
• I1
F INDINOR OF F'ACm
IIli
on all of the evidence before me, including a Statement of
Certain. Agreed Facts {"SCAF"} , a view of the new house from top to
bottom, and limited amount of testixnany from bath sides, I find
the following facts: F
'i
i
rage ID/LL
2
First of all, I adopt by reference all the facts set forth in
S C,AF.
Secondly, my view of the Boch house influenced me greatly in
the conclusion I have reached, na'Mely, that this house is designed
for and used as a single family dwelling.
Thirdly, the testimony of Ernest J. Bock has also convinced
Die that this is a single family dwelling.
In 3.983. Ernest and Barbara Bach uurajhas2d a 15-acre lot of
land in Edgartown extending from Ratama Road to Edgartown harbor.
On this lot was an °old house with seven bedrooms overlooking tie
r
harbor.
The plaintiffs .in 1981 changed their domicile from Norwood to
Edgartown where they are -lour registered. to vote.
The Bochs immediately started to alter and add to the housed
See Exhibit 1 (3anuary 2, 1983 photo) < I
In the middle of these activities it became apparent that the
old fireplace was about to collapse.
The Bochs abandoned their plans to renovate and enlarge and,
instead, built a new house where .the old house stood.
The plans .for the new house were approved by the Edgartown
Building Inspector on May 7, 1986 Exhibit 2. These plans showed
a full, kitchen on the second floor but only a bar and sink area on
the first and third floors.
The Bochs further revised these plans on May 22, 3-986.
Exhibit 3 . These revised plans called for a bar area on the first
floor along one wall, of the Fireside Room which would contain a
UWUrizuIVIo:s assert - Hage14/22
3
refrigerator, sink, ice maker, micro-wave oven and drop-in stove.
The revised plans also call for a bar area off the master
bedroom on the third floor, containing a refrigerator, range, ice
maker, sink and dishwasher. '
These plans, calling for fully equipped kitchen on each floor,
were submitted in 1987 to Leonard Jason, Jr. , the building
inspector for the Town of Edgartown. By letter of July 31, 1987,
he rejected the revised plans. See SCAF, Exhibit B.
Unfortunately, these plans were sulimitted. to Mr. Jason only
after he had, on a" routine inspection in February 1987, observed
that the two extra kitchens had already been installed. On
February 5, 1987, he ordered these kitchens removed. It .was
following this order that Mr. Boch .submitted the revised plans
which Nor. Jason rejected in July.
The matter of the two additional kitchens went before the
Edgartown Zoning Board of Appeals and on October 27, 1987, the
Board's decision and a record of the proceedings before, the Board
were filed with the town clerk. SCAF, Exhibit D.
BochhIs house is located in R-6.0 Residential District in which
I
.a 1oone single family detached building" is permitted and a "multi-
unit dwelling" is not permitted. See Zoning By-Laws, as amended
April , 1986. SCAF, Exhibit E.
.The Board, by a 4 to 1 vote, upheld the building inspector.
Having heard the testimony of Ernest Boch and viewed his new
house, there is no doubt in my mind - and I so find as a conclusion
of fact - that he intends to use his house as a "single family '
i
asser irm — Page 1b/22
4
detached dwelling" and not as a "multi-unit dwellingoe.
In a somewhat elaborate explanation of the two extra kitchens,
Ernest Boch said that when he gets old, he doesn't want to go'
downstairs for breakfast, hence' the kitchen off the bedroom, and,
that when he has parties on the first floor, it would be very
convenient to prepare food for the guests on the :first floor and
not have to carry dishes upstairs to the regular kitchen on the
second floor.
There are three guest bedrooms, plus -the master bedroom, an,
the third floor. The third floor kitchen is off the master bedroom
and accessible only to that bedroom.
There are no sleeping quarters on either the first or second
floor.
The Bochs have not yet furnished their new house. But when
they do, they intend to entertain their children (they have seven) ,
their relatives, friends and, probably, employees of Ernest Boch's
car dealership. But they have no intention of housing more than
one .family unit in this dwelling_
Boch's general contractor, Neil Ferguson, set out to build "a.
high quality single family house1° and this is ghat he has
accomplished. It is not a t4multi-unit dwelling" either, as that
phrase is popularly understood or as defined in Article II of the
Zoning By-Laws of the Town of Edgartown.
' s i
.I
.j 1
uy7U asser Firm Page
. i
DISCUSSION OF TNE. LAW I
The Edgartown Zoning By-Law, Article II, defines a "multi-unit
dwelling" as "any building consisting of attached single-family
units with each unit providing independent living facilities" .
The Board of Appeals argues that the Bach's house., by virtue
of having, a lcitchen on. each .floor, has three "single family units
with each unit providing independent living facilities" and .hence,
.is a "multi-unit dwelling" . The Board, through counsel, further
argues that each floor is capable of being utilized as a separate
living facility" and therefore, by design, is not a "single family1°
house.
It seems to me this argument is too facile. Having three full
bathrooms, one on each floor, using this reasoning, could
constitute three separate living facilities if" one considered the
possibility of electric hot plates and small portable refrigerators
and sleeping on cots in adjoining rooms.
i
;
Mr. Jason testified that it is conceivable that the Bach house
could be used. for more than one family. Counsel for the .town .
argues that the study on the second floor could be used- as a ' j
bedroom.
r.
At the public hearing in the Town Hall on October 14, 1987,
Mr. Jason "showed how the lower level with the Fireside Room could
become a studio apartment, how the sheet [plan for?] with the main
floor sitting room, kitchen, dining, etc. , had all. the conveniences
of a single family residence, and how the upper floor, with master '
�I
i
i
i
z VWVrrZUTvlb:,iT WasserFirm — Page17/22
6
bedroom, entire kitchen, including a trash compactor, all indicated
the potential [underlining mine] for 3 families at a minimum. "
A member of the Board, Martin Tomassian, noted "the potential
for extra dwelling units" as a reason for denying extra kitchens
and said he thought the property "could bell subdivided. (I assume i
he meant the house itself could be divided into three . separate
units) .
A,l.l. this discussion and. these arg-unents are predicated on how
i
the house could be converted into a mu.lti.--fammi.ly dwelling. .And, I
of course, such future changes could take place. And this ;s true
of most single family dwelling houses. But potential use after
alterations is not the test.
t
The test, as the defendant correctly points out in his brief,
is either (1) ac-tual use - .and defendant concedes the house is not
now used by more -":han one .family - or (2) design.
Having looked at the plans and t tired the house from top to Sc
bottom, I see no, absolutely- no, indication that this house is r
designed for more than a single family. It is a spacious, even
i
ostentatious, house of grand proportions. ,As Coleridge wrote in
C:
his famous poem, . "In Xanadu did Kubla Khan a stately treasure-dome E
decree. . . . " And this is such a house built for luxurious living,
entertaining and minimal. effort. Obviously, a dining room on the-
second floor presents advantages and disadvantages. Food for
parties in the Fireside Room would have to be carried downstairs
to the Fireside Room either by using the electric elevator- or
carrying the food down the front stairs. The Bochs prefer to
4
7
prepare the food for such parties on the same floor, i. e. , the
first floor. That's their. luxury, their convenience, their
pleasure. It doesn't mean the first floor is used or designed for
use by a separate and distinct .family. There are no bedrooms on
the first floor. Ernest BocIi points out that it would be difficult
to erect walls sealing off the Fireside Room and bar_ and kitchen
and downstairs bathroom because you can't disturb the sandstone
floor in the Fireplace P.00m radiant heat underlying -this floor.
Much has been said about the nastf er bedroom on the third floor
having a door which, could be locked. And it is true that with a
well stocked refrigerator, Mr. and. Mrs. Boch could live in their
master bedroom, with the convenience of an adjoining kitchen and
f
bathroom, for days. But does that feature convert the entire house
into a multi-family unit?
f
The original house on this location had seven. bedrooms. This
f
house, in contrast, has a master bedroom and three guest rooms, I
each with a bath, on the third floor. Was the original house
designed for use as a boarding house because of many bedrooms. T
doubt it. And. are four bedrooms more r_ ' I'
consistent with a single
family usage than seven? Of course not.
No one complains about a bathroom on each floor. But some
members of the Board, as .well as residents, are convinced that
three kitchens indicate a multi-family use. Why this hang-up about
kitchens? Certainly the Zoning By-Laws do not restrict the number
of kitchens in a -house. Obviou
sly, the number of kitchens are only
one factor in looking at the design of a house.
i
I
g
The stairwell is three stories high with a giant chandelier
hanging from the ceiling. The first two floors are, for the most
part, open areas allowing the free flow of traffic. The house is
designed to be open and one's first impression on entering the
house is of spaciousness. It does not lend itself to being cut up
into three separate apartments. .
The bedrooms on the third floor can each be locked from the '
.inside, a feature characteristic of most houses_
Tf t1xis house were designed as three separate units, each with,
its own ingress and egress, its . own metered water and gas and
electricity, and its own bedrooms, bathrooms and kitchens, I would
easily conclude that it was designed as a multi-family unit.
But on the basis of the present plans and the interior of the
Boch house. as I observed it, I see no indication that it is
composed of multi units or apartment.
It is farfetched to consider this house as designed for
"business use" or as a "water-related commercial enterprise"
(whatever that is) , as some have .suggested.
have read and re-read L nn v. ulanoff, 314 Xass. 249. (.1943)
In that case, a judge ,found that the third floor of a house was
substantially altered to accommodate a third family. Two. dormer
windows were added to increase the height of the rooms and provide
additional light and air. What was shown on the plans as a master,
bedroom was actually a kitchen containing a gas range and oven and
a refrigerator, kitchen cabinets and breakfast set. This third
floor already had a bathroom. lifter alterations there were
9
supposed to be three bedrooms but one of these bedrooms, upon
inspection, proved to be furnished as a living room.
The first two floors were separate apartments with separate
metered utilities. '
The inspectors found the owner's son and wife and baby
actually living on the third floor and using it as a separate unit,
Neighbors testified as to their continual, daily use of the third
f=l.00r.
The judge, on .all the evidence, found the third floor to be
used as a "separate and distinct housekeeping unit" by u third ,
family, contrary to. the two-family limit under the City of Lynn
Zoning. This case - says that actual use, not just the plans on
file, will determine whether or not there is a zoning violation.
The Olanof_ case is a "use" case. The present case is not a "use
case.
In Van Arsdale v. Provincetown, 344 Mass. 146 (1962) , the
court found that a single structure designed for four families in
four separate apartments was. a four-family dwelling despite the
LdUL that a solid .masonry wall from cellar to roof separated two
apartments from the other two apartments. The zoning law all-owed
two-family units but not four-family units and the presence in the
building of a solid masonry wall from bottom to top did not alter
the basic design of the building as a four-family dwelling. "A
building to be occupied by four families would be a four-family
dwelling. ,, Suipra at 147.
PP Y g
.A 1 in the "design" test to the Boch's house, it is
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indisputable that their home is not designed for multi-units.
Separate units could exist only if the present design were
significantly changed.
In Martin V. Rent Control 8gard of Cambridgq, 19 Mass. App,
Cte 745 (1985) , there was no question about the design of the
ap a:tment house in question. It was designed for four families.
The owner_ wanted the building for rent control purposes, classified
as a three--.family house because _
his f_anil3j occupied #_z+ro o.f_ the four_
units. The couz•'c said no. The house is designed and constructed,
1
as four separate units no matter what use the owner puts it to.
Martin, admittedly a. "design, case, has no relevance to the present '
case.
I
Finally, I see no law standing for the position taken by the I'
i
Edgartown Zoning Board of Appeals, i.e. , potential use after
i
substantial interior alteration is a valid basis for disapproval
of plans presently in compliance with local regulations. I;
Fortunately, there was one voice of reason on the Board and
that belonged to Edward Vincent, the chairman. said Mr. Vincent, I'
ecTf meµ:: T^, I-I`S to 11tav Chvee kitchens, one on each floor, he has
the money to do it, doesn't prove to me it 's going to be
apartments. ,,
Mr. Vincent is correct. The Board's decision was arbitrary,
capricious and based on an error of law.
' I
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DECISTOR
I .remand this case to the Zoning Board of .Appeals for the
purpose of overruling the decision of the building inspector and.
approving the Boch plans of May 22, 1987.
.Andrea Gill Meyer
.�ust`I,ce n f the superior Court
DATED: December 1988
F
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September 7, 2010
Town.of Barnstable
Building Division
200 Main Street
Hyannis, MA 02601.
Attn..::Robin C:Anderson, Zoning Enforcement Officer
Faxed To; (508) 790-6230
Re: 28 Janice
Dear Officer Anderson:
To follow up our conversation.this day,I now understand the work the Building
Department seeks to have performed is:
L Tear down.wall in basement with door to small office (room w/full
window and closet). (per Jeffrey Lauzon 8/9/10)
2. Remove sink in master bedroom and cap off plumbing connections.
(9/7/10)
3. Cover electrical outlet. (9/7/10)
Written confirmation of the above work, along with references to the applicable
code provisions will be helpful to assist the State in making its determination, and
because, unless the State disagrees with the Town's interpretations, this is precisely the
work we intend to perform.
Our reasons for questioning the work requested is that 5 or 6 years'ago, after
payment of a$100.00 fine that homeowners felt was unfairly imposed, homeowners were
told that no changes need be made to any part of the single-family house by none other
than the Building Commissioner, Tom .Perry and the Town Attorney, Bob Smith,who
both personally inspected the property.
My only criticism of their inspection was never receiving anything in writing to
memorialize the building department's approval. In.our discussion today, you indicated
there was a document on file stating something to the effect that all required work was
performed. I would very much appreciate your sending me a copy of that document.
I recently reconfirmed with the Department of Public Safety, Building Division
that there is no limit to the number of kitchens allowed,in a single-family home, and that
due to the age of the,property, the wall and door to the office in the basement likely
qualifies as existing nonconforming.
wasserrirm rageLiz
Despite misuse by current occupants,we have always regarded the property,as a
4-bedroom, single-family home with a 4-bedroom septic. Despite septic capacity for an
8-adult household and parking space for 10+cars, current actual use is by a mere 4-adult
household with.only 1. car(possibly 2). Our written lease agreement expressly limits
kitchen usage to the one kitchen on the main floor. Basement sinks are of the
bathroom/vanity style. In addition to.luxury, convenience and usability, the dual
vas troom suinS proviu� avCiy iiiIpoiLain liCanu.anu Sal%,ty AUJA% LIVJI. 1,Ij W.11JU IULIMCr
rests on the counter and its hose drains into the open area sink. This prevents property
damage,toxic mold and other negative air quality factors, and avoids reliance upon P
parties (tenants)to otherwise empty and maintain the dehumidifier in proper working
order.
The point of all this is that we have and will continue to act in good faith. I trust
you will not fault us..for seeking guidance from the State. This is only to ensure accuracy
and.finality of these issues for all involved.
Respectfully,
Brian Wasser -
Tel. (774) 238-0090
Fax. (508) 862-9399
e
U.S. Postal ServiceTM
RIM I F
,41EP
M, I M9. Rj.EC-EIPT
(Domes�tie!Mail only;No Insuranc�Coverage Provided)
' tFordelivery,information vvi9it our wet site aat www.usps.como
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M _
j row CW BAR MAH .
�1He rpm Town of Barnstable
Regulatory.Services
w »
Thomas F. Geiler, Director
BARNSTABLE,
9� 639. � Building Division
�FDN1°�A Tom Perry, Building Commissioner
200 Main Street, Hyannis, MA 02601
Office: 508-862-4038 Fax: 508-790-
6230
August 18, 2010
Susan Quealy-Wasser
Brian Wasser
PO Box 274
Hyannis, Ma 02601
Re: 28 Janice Lane, Hyannis, MA
Dear Ms Quealy-Wasser& Mr. Wasser:
Please be advised that I was present during an inspection of your property located at 28
Janice Lane on July 22, 2010 along with other building, health and safety officials. As a .
result, we confirmed that the lower level of this property has once again been converted
into a separate independent living unit. In fact the basement occupants stated that they
signed a lease with you on May 15, 2010 and moved into the unit on or about May 30,
2010.
You should also be aware that I have researched and reviewed the extensive history of
this property. During this effort I was able to locate the original construction permit
(#16169) issued on April 27, 1973 for a 1 '/2 story single family dwelling. Additionally, I
found evidence of a lengthy and involved enforcement action against you concerning
multiple apartments within this very dwelling. This documentation includes
correspondence to and from you regarding the previous violation. In fact, on Feb 4, 2004
you were ordered to restore the property to a single family home. I must also point out
that you were cited in 2004 for this same ordinance violation and you ultimately paid that
citation (Bar# 66966) on May 6, 2004.
At this juncture, I must notify you that you are once again in violation of the zoning code
under Chapter 240 Section 11 - RB Residential District 1 (A)Single Family Residential
Dwelling(detached). Furthermore, it is my understanding that Jeff Lauzon has spoken to
you about the apartment as well as informing you of the building code violations that
must be corrected. Be assured that in the event that you continue the present illegal use,
we will once again pursue all appropriate avenues of remedy including but not limited to
additional citations until full compliance is achieved. {
1
d
It is my understanding that you are currently evicting the tenants in the lower level. This
area must remain unoccupied once the current tenants vacate the premises. You are also
required to declare your intentions to comply with this order by Sept. 1, 2010. Full
compliance will entail obtaining both a building and a plumbing permit to remove all un-
permitted work in the lower level. This will not only document your compliance but will
serve to stay any pending enforcement action. You may reach me directly at 508-862-
4027 if clarification is necessary.
m ^ Je_ly,
1 �
Robin C. Anderson
Zoning enforcement Officer
JA28 Janice Lane order to restore to s£DOC
2
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•A OFtNE rq� Town of Barnstable
Regulatory Services
* BABNSTABLE.
9 MASS. Thomas F.Geiler,Director
1639.�AlfDMp.�6. Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
MEMORANDUM
DATE: February 24,2004
TO: Tom Perry,Building Commissioner
FROM: David Mattos,Building Inspector
REGARDING: 28 Janice Lane,Hyannis
Section 3-1.1 Residential Districts
RB Zone#lA Single-Family Residential Dwelling
House is split into five occupiable spaces with kitchens
s
THE Tp� Town of Barnstable
Regulatory Services
� r
•QQanxxA E
n Thomas F.Geiler,Director
9Op 1 '
rEo�,w+°i Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
MEMORANDUM
DATE: January 29,2004
TO: Tom Perry,Building Commissioner
FROM: David Mattos,Building Inspector
REGARDING: 28 Janice Lane,Hyannis
A complaint investigation at the above referenced property was made on May 13,2003 regarding illegal
apartments in a single-family home.The tenant on the first floor did not speak English so I left a card so the
owner could contact me because no one else was home.
I revisited the site on May 15,2003 and spoke with tenant Kim Wadley regarding the apartments. She let
me in to view the second floor containing 2 apartments with a shared bathroom in the middle.A full kitchen
was set up in each apartment. She informed me there are also 2 apartments on the first floor and one more in
the basement.
I took pictures of the second floor and the outside of the building showing a bulkhead entrance into the .
basement and an emergency window well being built.No permits were issued for this construction.
The owner came into the office on May 26,2003 and was given written warning#4077 for five apartments
in a single-family home in an RB zoning district.The owner wanted to obtain a permit for the entrance to
the basement and I explained no permits could be issued until the illegal apartments were removed or
somehow made legal.I also explained when he is able to obtain the permit he will be charged a double fee
for the work being done without the proper permit.I gave the owner two months to remove the kitchens and
restore the structure back to a single-family dwelling.
I revisited the site on January 23,2004while investigating other complaints in the vicinity of the property,I
found the entrance to the basement was finished and also found new asphalt roof shingles also done without
the necessary building permit. I returned to the office and contacted the owner and explained his time to
remove the apartments had expired and wanted to see compliance by January 30,2004.1 explained if there
r
i .
is no compliance he will be fined.I asked the owner why he hadn't obtained a permit for the work done to
the roof and the finishing of the basement entrance and did not receive a satisfactory reply.
Pictures of new improvements at the property were again taken on January 26,2004.
NAME OF OFFENDER DAD 6 6966
TOWN OF ADDRESSOFOFFENDER
L/,3 For�rs 7 � �✓ �,d
BARNSTABLE CITY,STATE,ZIP CODE
pf iKE Ip� MVIMB REGISTRATION NUMBER
P� G
OFF SE
• IIANV.'TAPI.E. I
+1679• ,.$ '"/.1 `slt3E>v'T�nL DtsTil.c�s S<.J c� eL o
olFO MPta ,�1 +:2Z, LU
...1
TIME AND DATE OF VIOLATION LOCATION F VIOLATION Z
NOTICE OF (M.I P.M.)ON 2 � 20� �,� J ,4.v/'.c L� a
VIOLATION SIGNATU E IFENFOR PERSPI ENFORCINGOEPT. BADGE NO. ti
CD
OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION XLU
ORDINANCE ❑ Unable to obtain signature of offender. ~
THE NONCRIMINAL FINE FOR THIS OFFENSE IS
Date mailed 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 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 excepted, w
before:The Barnstable Clerk,230 South 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.
(2)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,Ann:21D Noncriminal Hearings and enclose a copy of this
citation for a hearing.
(3)If you(ail 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
;r„
02/25/04 10:14 FAX 508 362 0213 BARN CLERK'S OFFICE 1a 002
NQTICE TO COMPLAINANTAPPLICATION NO.
OF CLERK'S HEARING 0425 AC 000893 Trial Court of District Court Department
Massachusetts �\� J
t
DATE OF APPLICATION DATE OF OFFENSE CITATION NO. N0,OF COUNTS COURT NAME 8 ADDRESS
2/24/04 2/02/04 BAR66966 IBARNSTABLE DISTRICT COURT
LOCATION OF OFFENSI jPOuC8 DEPARTMENT ROUTE 6A, P.O. BOX 427
BARNSTABLE 1BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427
NAME AND ADDRESS OF DEFENDANT (508) 375-6600
SUSAN QUEALY WASSER DATEOFIIEARING
43 FOREST GLEN ROAD 4 Q /O 4 CLAINANY
HYANNIS MA 02601 MUST APPEAR AT
TIME OF HEARING ABOVE COURT ON
2 : 0 PM THIS DATE AND
SCHEDULED EVENT
NAME AND ADDRESS OF COMPLAINANT CLERKS HEARING (G.L. c.21.8, § 35A)
MORSE, DETECTIVE RICHARD S.
FIRST SIX COUNTS
1 666666 MISCELLANEOUS MU'NIC ORDINANCE/BYLAW 'VIOL
TO THE ABOVE-NAMED COMPLAINANT:
You are hereby notified that a hearing on your application for a criminal complaint against the
above named defendant will be held at this court by a magistrate on the date and time indicated. If
you have any witnesses you want to testify at the hearing, you must bring them to the hearing.
Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the court.
If you fail without good cause to appear at the hearing, the application will be dismissed.
DATE ISSUED CLERK MA ISTftATE
2/24/04 v/1�")
ATENC16N: ESTE ES UN AVISO OFICIAL DE LA COATE.St USTED NO SAGE LEER INGLft,OBTENGA UNA YRADUCCION.
ATTENTION:CE91 EST UNE ANNONCE OFFICIALS OU PALAIS DE JUSTICE.SI VOUS 9STES INCAPABLE DE LIRE ANGLAISE,OBTENEZ UNE TRADUCTION,•
ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALS.$E NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZIONE,
ATENgAO:ESTE E UM AVISO OFICIAL DO TRIBUNAL$E NAO SABE LER INGLE9,OBTENHA UMA TRADUQAO.
LUU-Y:DAY LA TH8NG BAO CHINH THOC CUA TDA•AN,NEU HAN KHONG DOC DUOC TIENG ANH,HAY TIM NGLi61 OICH 110,
CI-12 2/24/04 11:34 AM
a PmcP�da
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. .
NAME OF OFFENDER D
AR
TOWN OF ADDRESS OF OFFENDER o f T 4 t V /A
BARNSTABLE CITY,STATE,ZIP CODE r
pF iKE�p� MVIMB REGISTRATION NUMBER
OFF
HAR ABLE. sSE
TIME AND DATE OF VIOLATION LOCATION IF VIOLATION
NOTICE OF _Ce C ( / P.M.)ON ;+• 20�;� , r
SIGNATUA OF ENFORCAG PERSOP ENFORCING DEPT. BADGE NO.
VIOLATION
OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X
ORDINANCE Unable to obtain signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS $av''.oc"
Date mailed
OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL
DISPOSITION WITH NO RESULTING CRIMINAL RECORD.
i REGULATION
(t)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted,
before:The Barnstable Clerk,230 South Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430,
l. Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE.
(2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST
BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this
citation for a hearing.
(3)If you fail.to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing
to be due criminal complaint may be issued against you.
I ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$
I' Signature
791
I '
�����
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Brian Wasser
43 Forest Glen Road
Hyannis, MA 02601
February 5, 2004
Town of Barnstable
Building Division
200 Main Street
Hyannis, MA 02601
ATTN.: David Mattos, Building Inspector
Re: 28 Janice Lane, Hyannis
Dear Mr. Mattos:
Thank you for your letter dated February 4, 2004 in response to my request for written
instructions on what actions you require for compliance with the law.
Since I have owned the referenced property it has never been used as anything other than
a.single-family.home. Please recall several months ago wherein we had a meeting about this
issue.at your office. •I provided you with a copy of the current lease agreement to a single tenant
and showed yod the provision of the lease-entitl'ed, "Compliance.with Laws'.'.which was
separately signe&by the tenant and specifically prohibited the use of more than one area as a.
kitchen.
After a brief discussion over what constitutes a kitchen, you concluded the meeting by
stating to me, "I can't tell you, you can't have a sink in a bedroom."
Following your inspection of the property on February 3, 2004 at 3:00 p.m.,you appear to
have changed your position somewhat, and thus, some clarification is requested.
The instructions of your letter direct that "[t]he four kitchens must be removed...."
I cannot instruct a contractor to remove "four kitchens" without some guidelines as to
what exactly that entails. As I am sure you would agree, it would be unfair for me to
second-guess what is required in order to be outside your definition of a kitchen without knowing
what that definition is, and especially unfair if uncertainly leads me to take on a greater burden
and expense than what the law requires.
I respectfully request written notification of how you define the term "kitchen." Please
identify;along with your definition, the source(s)upon which you rely for your definition and
.,any applicable citations referencing a given source: I require this information to ensure my
compliance with the law. -
V
Finally, at the inspection site on February 3, 2004 you stated that you would not issue any
fines and that I would have a few weeks following your written instructions to comply with the
law, prior to your assessing any fines. However,just yesterday a fine was assessed in the amount
of$100.00 by citation: BAR 66966. Please let me know by written confirmation whether this
was done in error, and if so, what corrective measures have been taken.
Thank you.
Very truly yours,
Brian sser
Ctf 5
i
Paul D. Lennox
P.O. Box 1258
Centerville MA 02632
508-778-7122 Office
September 19, 2005
Town of Barnstable
Regulatory Services
Tom Perry, Building Commissioner
200 Main Street
Hyannis MA 02601
Re: Susan & Brian Jay Wasser
43 Forest Glen Road, Hyannis MA 02601
28 Janice Lane, Hyannis MA 02601
92 Sudbury Lane
Mr. Perry:
This letter is to inform you of my concerns over existing zoning violations, State
Building Code violations and safety issues on two of the above named properties owned by
Brian Wasser and Susan-Quealy Wasser of 43 Forest Glen Road, Hyannis MA 02601.
Backgrround
During the period from June 1, 2002 thru January 23, 2004 I worked with Wasser
on the above named properties doing carpentry work. I was formerly a licensed
Construction Supervisor, and a licensed Home Improvement Contractor.
Description of work and properties involved:
1. 43 Forest Glen Rd, Hyannis, Deck Addition— Wasser said he had pulled a
permit for the deck addition and with the help of some friends installed(3) 6x6
posts for deck supports. Wasser said he dug down approximately 36", installed
sonic tubes and placed the 6x6 posts into these and poured in premixed concrete.
I explained to Wasser that in my opinion because the 6x6 posts were installed,in
direct contact with the ground and they would rot over a very short period of time.
The deck would then start to sag and pull away from the building.
I also explained to Wasser upon final inspection of the deck, the inspector would
not pass this type of installation and he would have to remove the posts, concrete
footings, etc. and do the job to code. Wasser refused to do the work over.
1
l 1
2. 92 Sudbury Lane, Hyannis—Remove (2) existing metal windows, (1) on the rear
and(1) on the right side gable. The new windows were vinyl, double insulated and
no structural work was involved. I also removed existing 2A boards from the
deck, leveled the deck, added a step around the entire deck and replaced decking
with lx6 pressure treated lumber. No permit was pulled by the owner for this work.
3. 28 Janice Lane, Hyannis, Basement Entrance — In mid summer of 2003 we did a
wide variety of work on this property. Wasser wanted to remove the access doors
from the existing Bilco and build walls and a roof over the Bilco foundation and
install a 3'-0" x 6-8" door so he would have an egress door to the basement.
Wasser was told he would be required to pull a permit for this work. Wasser told
me he did not want to pull a permit because he was in violation of the existing
zoning regulations and he did not want a town building inspector roaming around
inside the apartments.
The current tenant had to leave out of another door shared with other tenants. At the
time I worked with Wasser on these properties the residence had a total of 5
apartment units that Wasser claimed he was renting out to Brazilian families.
The residence was zoned as a 1 family unit and consisted of the following:
2nd Floor- Two apartments consisting of two kitchens, 2 living rooms and bedroom
combinations, and one bath off the hall for both apartments.
I't Floor- Two apartments, 2 kitchens, 1 with a living room, bedroom and bath, 1
with living room and kitchen combination with a separate bedroom and bath.
Basement - Lower level apartment has a living room, combination bedroom,
kitchen and bath and family room for tenants on 2nd floor.
During the work involving framing for the entrance door I explained to Wasser that
additional work would need to be completed including the following:
a. Exterior: Wasser would need to lower the outside grade around the bulkhead
foundation, install gutters and downspouts, and install a storm door.
b. Interior: Install handrails on both sides of the stairs to the lower level apartment,
and install an exterior and interior light with a switch at the top and bottom of the
stairs to the lower level apartment.
None of the above has been completed even though the work Wasser and I did on the
basement entrance door have been completed over 1 year ago.
On July 1, 2005 I visited the above named properties and took photographs of the work I
had done with Wasser on all of the above properties. The photographs are enclosed.
2
S
Lennox v Wasser
Over a year ago I filed a law suite against Susan—Quealy Wasser and Brian Wasser for
payment for the work I had done with Wasser on all of the above named properties.
On August 31, 2005 the records for the above named properties were subpoenaed from the
Barnstable Building Department 200 Main Street, Hyannis MA 02601. The records
showed that Wasser and/or his wife Susan-Quealy Wasser were in violation of several
sections of the Town of Barnstable Zoning By-Laws.
After these records were submitted to the court the Defendant, Wasser(a Massachusetts
licensed Attorney) stood up and in open court stated that an Attorney who apparently was
involved or connected to the Barnstable Building Commissioner was aware of the existing
conditions and with no further comment sat down.
Wasser has attempted on two occasions that I am aware of to have me charged with a
criminal act under Chapter 142A, Regulation of Home Improvement Contractors, Section
19, Fines and imprisonment.
Zoning Violations
• May 13, 2003 Complaint investigation inspection, 28 Janice Lane by David
Mattos, building inspector regarding illegal apartments (Memorandum to Tom
Perry, Building Commissioner) dated January 29, 2004, (memo attached).
• May 15, 2003 David Mattos,building inspector revisited 28 Janice Lane spoke
with tenant Kim Wadley regarding the 5 illegal apartments. Ms. Wadley allowed
David Mattos to view the apartments. See: Memorandum to Tom Perry, Building
Commissioner dated January 29, 2004 attached.
• May 26, 2003 Wasser visited the office of Barnstable Building Department and was
given a written warning for 5 apartments in a single family home. Wasser wanted
to obtain a permit for the entrance to the basement. Wasser was told no permits
would be issued until the 5 illegal apartments were removed. See: Memorandum
to Tom Perry, Building Commissioner dated January 29, 2004 attached.
• May 26, 2003 Town of Barnstable Ordinance or Regulation Warning Notice
was issued by David Mattos, Building Inspector to Susan Quealy-Wasser
regarding 28 Janice Lane and the 5 illegal apartments in a single family home.
See: Warning Notice attached.
• January 23, 2004 David Mattos, Building Inspector revisited 28 Janice Lane and
found entrance to the basement was finished, a new asphalt roof was completed
without a permit. See: Memorandum to Tom Perry, Building Commissioner dated
January 29, 2004 attached.
3
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• January 26, 2004 pictures were taken of the new improvements to 28 Janice
Lane by town inspector.
• January 29, 2004 Memorandum from David Mattos, Building Inspector to Tom
Perry, Building Commissioner regarding 28 Janice Lane, and the 5 illegal
apartments and actions taken by him to date.
• January 30, 2004 David Mattos, Building Inspector contacted Wasser and
explained his time to remove the apartments at 28 Janice Lane had expired
and wanted to see compliance by January 30, 2004.
• Inspection of 28 Janice Lane on February 3, 2004
• February 4, 2004 letter from David Mattos, Building Inspector to Susan&Brian
Wasser regarding 28 Janice Lane, ordering owners to restore the property from its
illegal use to a single family residence.
Owners ordered to accomplish this work and notify Building Department for an
inspection prior to February 17, 2004 or face criminal action and fines. See: Letter
to Susan& Brian Wasser attached.
• February 5, 2004 letter from Wasser claiming the property has never been used for
anything other than a single-family home. Wasser asking for clarification as to
what constitutes a"kitchen" and what is the Building Department's definition of a
kitchen.
Safety Issues & Code Violations
28 Janice Lane
On July 1, 2005 when I took the photographs I observed evidence of pre-school children,
as well as other children and adults that are in danger of being injured while exiting or
entering the entrance to the basement apartment.
Code violations include the following:
1. No handrails on either side of the stairs as required.
2. No exterior light or switch on entrance door as required.
3. No interior light or switch on stair area as required.
The photograph of the stairs (attached) to the basement apartment clearly shows evidence
of children playing in this area.
If any child or adult is injured due to these unsafe conditions I believe Wasser and/or his
wife will attempt to assign the blame to me or to the town building department for failing
to notify him and his wife of the existing violations.
4
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The zoning violations cited by the town inspector have existed for over 19 months and will
probably continue unabated since I find no evidence of any reported action that has been
taken for over the last 8 months regarding the 5 illegal apartments, even though threats to
do so were made by David Mattos, Building Inspector.
Wasser applied for a permit to change the entrance (Bilco) door to the basement on 28
Janice Lane and create an egress to the apartment in the basement. The permit was refused
and Wasser was ordered to restore the property to a single family residence by David
Mattos, Building Inspector.
Wasser ignored the order and removed the existing Bilco doors, framed the walls and roof
and installed the entrance door to the basement stairs without a permit and in defiance of
the town and the State Building Code.
Wasser and his wife continue to ignore the orders of the town building inspector. They do
so without fear of fines or legal action from the town to enforce its own regulations
regarding the 5 illegal apartments cited in the Warning Notice and numerous letters to
Wasser and his wife.
I believe the inaction of your department puts the town at financial risk if any child or
tenant is injured due to the unsafe conditions that exist at 28 Janice Lane, not to mention
the apparent failure of the Building Department to enforce the town's regulations and
bylaws.
Safety Issues & Code Violations
43 Forest Glen Rd
Wasser on March 31, 2002 signed an application for a Homeowner License Exemption for
a deck addition to 43 Forest Glen Road, Hyannis MA.
His signature certifies that he understands the Town of Barnstable Building Department
minimum inspection procedures and requirements and that he will comply with said
procedures and requirements.
It also states the undersigned "homeowner' assumes responsibility for compliance with the
State Building Code and other applicable codes, by laws, rules and regulations.
No final inspection was ever made on the deck addition at 43 Forest Glen Rd as required
by the Massachusetts State Building Code.
The 6x6 posts were installed in direct contact with the ground and will rot over a very short
period of time. The deck will then start to sag and pull away from the building.
What department of the town will accept responsibility if someone is injured do to the
improper building techniques used by Wasser in the construction of the deck addition?
5
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J0 e
A copy of this letter and photographs has been sent to:
Commonwealth of Massachusetts
Board of Building Regulations and Standards
Boston MA
Commonwealth of Massachusetts
Department of Public Safety
Boston MA
Sincerely,
Paul D. Lennox
P.O. Box 1258
Centerville MA 02632
508-778-7122 Office
6
oFTHE� Town of Barnstable
Regulatory Services
9MARNSTABM�` Thom as F. Geiler,Director
�,• sG39' �0
rF039. 0. Building Division
Thomas Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ina.us
Office: 508-862-4038 Fax: 508-790-6230
August 2,2006
Susan Wasser-Quealy
PO Box 1978
43 Forest Glen Road
Hyannis,MA 02601
RE:28 Janice Lane,Hyannis
Dear Ms.Wasser-Quealy:
The present tenant of the above referenced property requested a site visit by inspectors from the Electrical,Building,and Heal
Departments of the town.This visit took place on July 26,2006 and several violations were noted which must be addressed.
Electrical:
• receptacles are uncovered and falling into the wall
• panel is not labeled
• fluorescent fixtures are not to code
• service upgrade done without a permit
An electrical permit must be obtained and the wiring code violations rectified.
Building:
• the roof,siding,and windows were changed without a permit and the siding is not finished
• the basement enclosure was built without a permit
• the kitchen in the basement cannot be there
Building permits must be obtained for the roofing,siding,windows,and enclosure by August 15,2006;a building permit to
remove the kitchen in the basement must be obtained immediately.
Building/Life/Safety:
• the rooms in the basement used for sleeping must be vacated immediately
• carbon monoxide detectors must be installed immediately
• the broken glass in the basement egress window must be repaired immediately
• the escape well in the basement foundation must be brought up to code immediately
• the tripping hazards at the front stairs must be removed immediately
The Health Department will address its concerns separately
If you have any questions about any of these items please contact this office. i
Sincerely,
.D���s--/�,�i� �f/
��tla���l�V�
d
oFTHETpk, Town of Barnstable
Regulatory Services
snaxsrnaLE.
9 Mass. g Thomas F. Geiler,Director
s6;q. ��
AlE039 Building Division
Thomas Perry,Building Commissioner
200 Main Street, Hyannis, MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
August 2,2006
Susan Wasser-Quealy
PO Box 1978
43 Forest Glen Road
Hyannis,MA 02601
RE: 28 Janice Lane,Hyannis
Dear Ms.Wasser-Quealy:
The present tenant of the above referenced property requested a site visit by inspectors from the Electrical,Building,and Heal
Departments of the town.This visit took place on July 26,2006 and several violations were noted which must be addressed.
Electrical:
• receptacles are uncovered and falling into the wall
• panel is not labeled
• fluorescent fixtures are not to code
• service upgrade done without a permit
An electrical permit must be obtained and the wiring code violations rectified.
Building:
• the roof,siding,and windows were changed without a permit and the siding is not finished
• the basement enclosure was built without a permit
• the kitchen in the basement cannot be there
Building permits must be obtained for the roofing,siding,windows, and enclosure by August 15,2006;a building permit to
remove the kitchen in the basement must be obtained immediately.
Building/Life/Safety:
• the rooms in the basement used for sleeping must be vacated immediately
• carbon monoxide detectors must be installed immediately
• the broken glass in the basement egress window must be repaired immediately
• the escape well in the basement foundation must be brought up to code immediately
• the tripping hazards at the front stairs must be removed immediately
The Health Department will address its concerns separately
If you have any questions about any of these items please contact this office.
Sincerely,
/VO-f
<z, Brian Wasser
43 Forest Glen Road
Hyannis, MA 02601
February 5, 2004
Town of Barnstable
Building Division
200 Main Street
f
Hyannis, MA 02601
1 T
ATTN.: David Mattos, Building Inspector mi
Re: �8 Janice Lane, Hyannis !
-ter t
Dear Mr. Mattos: F-1 =�
Thank you for your letter dated February 4, 2004 in response to my request for written
instructions on what actions you require for compliance with the law.
Since I have owned the referenced property it has never been used as anything other than
a single-family home. Please recall several months ago wherein we had a meeting about this
issue at your office. I provided you with a copy of the current lease agreement to a single tenant
and showed you the provision of the lease entitled, "Compliance with Laws" which was
separately signed by the tenant and specifically prohibited the use of more than one area as a
kitchen.
After a brief discussion over what constitutes a kitchen, you concluded the meeting by
stating to me, "I can't tell you, you can't have a sink in a bedroom."
Following your inspection of the property on February 3, 2004 at 3:00 p.m., you appear to
have changed your position somewhat, and thus, some clarification is requested.
The instructions of your letter direct that "[t]he four kitchens must be removed..."
I cannot instruct a contractor to remove "four kitchens" without some guidelines as to
what exactly that entails. As I am sure you would agree, it would be unfair for me to
second-guess what is required in order to be outside your definition of a kitchen without knowing
what that definition is, and especially unfair if uncertainly leads me to take on a greater burden
and expense than what the law requires.
I respectfully request written notification of how you define the term "kitchen." Please
identify, along with your definition, the source(s) upon which you rely for your definition and
any applicable citations referencing a given source. I require this information to ensure my
compliance with the law.
Finally, at the inspection site on February 3, 2004 you stated that you would not issue any
fines and that I would have a few weeks following your written instructions to comply with the
law, prior to your assessing any fines. However,just yesterday a fine was assessed in the amount
of$100.00 by citation: BAR 66966. Please let me know by written confirmation whether this
was done in error, and if so, what corrective measures have been taken.
Thank you.
Very truly yours,
Brian Wa '
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Date: 21271 0
l_ PARTIES
bi consideration of the mutual promises,obligations and agreements herein set forth,the parties hereto agree as
follows: I _
Brian Wasser susan( uealy-Wasser their Successors and/or Assigns
Brian Wasser P.O.Box 1978,Hyannis,MA 02601 Rork:(508)862-9999; Cell:,.i 774)238-0090 i
(Name) (Address) (Telepbone N..)
i
harein�celled`Landlord",hereby leases to
(Tennant) Home.((774):678-a135
Carlene lanes and Nina Jones Cell:(774)20�-1007
Prior permanent Address:
ons and liabiliti �arising out of this
and further binds as obligors for payment of rent and all other tenant obligations
agreement,
tca•,�ere)
(Address) (r j pb w No_) i
[FenanPs length of time residing at last address:�� a a--
Years]
hereinafter called"Tenon!";and Tenant hereby hires frown Landlord,the Leased Premises des i uW in Paragraph 2,
2. LEASED PREMISES
rights and responsibilitiies contained in
1. TENANT IS HEREBY NOTIFIED of important
Chapter 170 of the Code of the Town of Barnstable, and in particular, §.I70-4.
Responsibility of notification. No person shall aUow occupancy of any dwelling without .
first notifying the occupant(s) at the time of such occupancy of tlris chapter and of Chapter
133, Noise, bf the Code of the Town of Barnstable,
✓ thereon now known as and numbered
The Leased premises consist of the land and the bur]dings. ,
28 Janice Lane,Hyannis,Massachusetts 02601 i
. i
3. 'PERM
on March 1, 2010, and endi pg on February 29,
This Lease shall be for a term of 2 Years, beginning 29, 2012, this Lease shall continue
2012.Unless otherwise agreed in writing,following February ,
Will upon such terms as outlined in this Lease. In the
as a month-to-month tenancy(tenant-at
and the
event of a discrepancy between the calculation of time(in years, mo th�sand/se cotmol.
beginning and ending dates of the Lease term,the specific dates expressed
Notw at thg
ithstandingthe above Landlord reserves the right to terminate this lease aeen►g
w�iU of Landlo witbin the first four mths on of the lease term- Unless otherwise a b are paid in
writing,no tenancy'shall be created unless and until all initial its(e* ped
g. ,last and;secnrrty)
be agreed and
t1W n
In the event oompancy occurs without said initial payments,it shah
advance of janau but rather,a short-term as tempwary use&
understood hat o dlard-tenant relaRianshiP 30 d ,beyond which c onslit a trespass. Time
icy arrangement,said use&occupancy days,
written agrem-ntr-
periods shall automatically extend to accommodate any conrracy signed
Five Donors
Tenant agrees to pay rent to Landlord at the rate of One Thousand Five Hundred�long as this Lease is in.
($1,525.00)per month on or before the FIRST day of earl►and every
force and effect.
1/7
IJul 23 10 12:31p Patriots Square 5083949556 p.3
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All rent shall be paid to Landlord by cluck or money order mailed to the address of Landlord set forth above, or as
otherwise directed in writing by landlord
Any Pro-ration of tent for a partial month shall be calculated on a 30-day month basics(e g m Y rem,divided
by thiM and multiplied by the minter of days possessed or occupied by Tenant)
Tenant agrees to pay last month's rent to Landlord in advance of the beginning of the tenancy. :
to the amount of one month's Int at the beginning
Tenant agrees to Pay a security deposit to Landlord a q�
of the tenancy,unless previously paid or otherwise provided. Tenant further agrees and.directs that in the event of
non-payment of rent,Landlord may,at Landlord's option,convert said security deposit into retlt money. Neither
this option nor its exercise by Landlord shall in any way release Tenant from his usual obligations under this Lease
and all rights of Landlord under this Lease shall be reserved by Landlord If Landlord exercises the option to
convert security deposit into rent as herein provided,Tenant,upon notification by Landlord,stall be obligated to
repay the converted funds and replenish the security deposit to its original required balance,s i d repayment to be
due and payable immediately upon said notice.
Tenant shall pay an additional charge of$25.00 for each returned check unpaid,as a handling charge. In the
event that more than one check is retumed,Tenant agrees to pay in future rents and charges ill the form of a
or money order. Tenant shall be in default under this agreemen� t if the rent is not
cashier's check,certified check
paid by the rent due date.If the rent is not paid until 30 days after the d efatilt,the Tenant sba}1 pay an add
the rent shall remain unpaid for each breach of this condition_In the event
$5.04 per day as Late charge for each day i
that the collection of rend must be made by the Landlord at the Tenant's residence 30 days after the default,then
Tenant shall pay a twenty five dollar($25.00)collection foe for each such attempted collecdio9��,- Any chaTges for
rest,cleaning,repairs,or any other damages sustained by the Landlord under the terns of this Agreement,that are
l earn
not covered by the Security Deposit and that are not paid within 14 daps after vacating the temise�)shall apply
thereafter at the rate of 18 percent per annum. The same rate of interest(18 percentper pges
to overdue and unpaid rent in the event a court of competent jurisdiction determines late char set forth herein
are unenforCeable.
IT IS FURTHER AGREED AND UNDERSTOOD BY TENANT O� S PAID SENTED A THE�T1ME OF LANDLORD,
REGARDLESS OF HOW THEY MAY BE CHARACTE�D
PAYMENT,SHALL BE APPLIED FIRST TO NON-RENT CHARGES,
INCLUDING,BUT NOT LIMITED TO,
LAST MONTH'S RENT WHICH,FOR PURPOSES OF THIS PARAGRAPH SHALL BE CONSIDERED AND
EM DE &-D AN INI L&.L DEPOSIT,T`BE SECURITY DEPOSIT,LATE PAYMENT CHARGES,WrE EST
CHARGES,LEGAL FEES,LEGAL COSTS,ETC.,AND LAST TO RENT CHARGES.
INITIAL.SECURITY DEPOSIT SHALL NOT BE CONSIDERED AYMTSDENANT
A SECURITY DEPOSIT
.A
UNLESS AND UNTIL [�IOUNTS DUE ARE PAID IN FULL IT_ .1 ADVANCE
WITH INTENC THAT IT D TED AS s SECURITY DRREENTAAL CREDITS ON ABE DMOUNT MEET THE
RENTAL PAS •
AW UNTIL
FULL,BALANCE OF SECURfTY,DEPOSTP DUE_
,if any,giving up Possession of the Leased Premises
This entire agreement is coatditioned upon t e proper occupants Agreements or rights by
prior to the first day of this lease term,and the Proper termination of all or any out i a to tb
p the Leased Premises. Tenant may terminate the lease if Landlord is
other parties to posses or Otterwm oomU within thirty days of th�,Ong of the lease
unable to provide the leased premises free of predecessor.oocnpaius
term(date listed above)•
This shall be Tenants sole remedy at law or equity.
do so with knowledge and intent that Landlord�rely upon their
Obligors who co-sign this agree out of this egreemetrt in order to inducelxodlord to rent the
promise to pay all rmt sad liabilities arising
premises to the named Tenant.
SS sible the prapen
4. CLEANLINESS
in a clean condition.Teflant Shall respon '� storage an
Tenant stall keep of all and rubbish,all in accordance with Ole mguaz m"aicipal or
the final collection or ultimate disposal age .
2/7
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Jul 23 10 12:31p Patriots Square 5083949556 p.4
private collection system. Tenant shall furnish proof of trash collection service to Landlord n demand,the
an
failure of which shall entitle Ldlord to provide and/or arrange for said service for the prenu and charge
therefor,a jm'niaram of twentq($20.00)dollars per adult occupant per month. Tenant shall not permit the
Leased Premises to be overloaded,damaged,stripped or defaced,nor steer any waste,and shall obtain the written
consent of Landlord before erecting any sign on the Leased Pmrnisess.The toilets and,pipes shall not be used for
any purpose other than those for which they were constricted. Tenant shall not dump greasj food or other
waste material down the sink drain,toilet,shower,tub or drainage pipes that could hin clog,or damage
the Septic'Tank.
Tenant is hereby notified and agrees that any repairs,maintenance or other work performed up the premises by
Landlord that is the fault of Tenant or that Tenant requests but is not the obligation of Landl(t-d to perform under
this agreement shall be billed to Tenant at the rate of$75.00 per hour with a minimum sei vice charge of
$75.00,unless otherwise provided for under this agreement
i
lY signed ands bye'T (s)
5. PETS and SMOKING
No dogs,birds or other armor or pets shall be kept in or upon the Leased Premises without Landlords prior
written consent obtained in each Instance. No smoking of cigarettes or any other tobacco or cloves related products
will be used or consumed on the Leased Premises.
6. GROUNDS
maintenance during the Term of this lease.VYithout 1►miting the
Tenant shall be responmble for normal grounds
generality of the foregoing language,Tenant shall promptly remove snow and ice from the diyiveway,walks and
steps of the Leased Premises,and shall keep the lawn and all shrubbery neatly trimmed,healthy and of good
appearance-
7. INSURANCE
Tenant undefstands and agrees that it shall be his own obligation to insure his personal property. Tenant
ids and agrees that obtaining Renter's Iusuanoe is a requirement and obligation of this lease agreement
Tenant shall obtain Renter's Insurance for no less than$10,000.00 in coverage for persprna'property and
SW provide written proof of same to Landlord. Failure of Tenant to so obtain Renter'sn'I sorance or to provide
written proof of same shall be a breach of the entire lease agreement.
E
8. COMPLIANCE WITH LAWS
Tenant shall not make or permit ate•use of the Leased Premises which will be unlawful,improper,or contrary to
any applicable law or municipal ordinance(Including without limitation all zoning,building or sanitary statutes;
codes,rotes,.regulations,or ordinances),or which will make voidable or increase the cost of any insurance
maintained on the Leased Premises by Landlord. In no event shall Tenant create,use or emit the creation or
use of more than one area for purposes of food prep oration Tenant acknowledges and rurderstands that the
premises is a single-famdf,four bedroom residence and shall in Aso event have more than one kitchen and
of foo&
that the kitchen shall be the only area designated or intended for the preparation
Y signed and aLmowledgod by Tenat[t(s) .
In do evWt eball Tenant use any rooms for sleeper Quarters other than those that arc legal bedroo
Separate�andowlcWdpd by T=81 As)
3n T 1
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Jul 23 10 12:31,p Patriots Square 5083949556 p.5
9_ ADDITIONS OR ALTERATIONS
Tenant shall not make any additions or alterations to the Leased Premises without LaudlOas prior written consent
obtained in each instance.Any alterations or additions made by Tenant at his expense may bG removed by Tenant at
or prior to the termination of this Lease,provided that Tenant is not in default under this Leak and that written
consent by Landlord was obtained,and prodded further that Tenant repair any resulting iz jt to the Leased
Premises and restore the Leased Premises to their former condition_
10. SUBLETTING,NUMBER OF OCCUPANTS
Tenant shall not assign or sublet any part or the whole of the Leased Premises,nor shall he prrnit the Leased
premises to be occupied for a period longer than a temporary visit by any one except the indiprdual(s)specifically
named in the firstparagraph of this Lease, and their immediate family members,(e•g.,then t;mse,children,and
any children bores to them during the Term of this Lease,or any extension or renewal thereo ,without first
obtaining on each occasion the consent in writing of Landlord. Notwit standi*lg any such consent,Tenant shall
remain unconditionally and principally liable to Landlord for the payment of all rent and for.&hill performance of
the cavenants and conditions of this Lease. A temporary visit shall mean no longer than a sipgle, overnight staY
from and mduding Sundays through Thursdays or two consecutive overnight stays on Fridays and Sadudays for
any-given we*but in no event for more than four consecutive fiscal weeks. For purposes o this paragraph, a
given week runs Sunday to Saturday. (For example, an overnight visitor,Sundays through'l;hutsdays,'Would
prohibit any further overnight visitors for that week. After four consecutive weeks of such vjsrtations,Tenaa is
tegnired to wait one full week before permitting additional overnight visitors). As stated pre iously,any variations
in this restriction may be accommodated by&Aaming prior when consent of Landlord for each occasion. Any
breach of this paragraph by Tenant shall make Tenant liable to Landlord for the additional s6m of$25.00 per
unauthorized,visitor per day for each unauthorized night's stay-
period more than 6(sues)'tndividurals,regardless
In no event shall the premises be occupied for a non temporary pert b3' by ovealoading of the
of age and family relationship. This provision is intended to ptevent damage i
premises,including bid not limited to,its septic systen-
11. UTILITIES
Gas,electricity and water shall be paid by Landlord.
awe id sbaA keep
12. ENTRY
t Landlord to enter the Leased Premises prior to the termination of this Lease to inspect same,to
Tenant shad permi h shall be construed to roquire.Landlord to make
make repairs thereto(although nothing contained in this Paragraph purchasers,or mortgagees.Landlord shall also be
any such repairs), or to short the same to prospective tenants,
Leased premises if they appear to have been abandoned by Tenant or otherwise,as permitted by
entitled to ether the
Law. Any person entitled Lease to ender the Leased premises in acoordanee with this Paragraph may do so through his
duly-authorized representative.Wherever possible,Tenant shall be informed in advanuce of any Prof entry
hereunder.At auy tunic within three(3)months before the expiration of the Term of this Lease,La'Word may al ix
premises mises a notice far letting or selling the Samand keep)such notice so affixed
to aug suitable gars of the Leased
without hindrance or molestation
13. LOCKS AND KEYS
Locks shall not be changed,altered,or replacW nor shall new locks be added by Tenant vAthout the written 1
permission of Landlord. Any locks so permitted to be installed shall be=nc the property r f Laridl[0rd and shall not
417
Jul 23 10 12:32p Patriots Square 5083949556 p.6
be removed by Tenant. Tenant shall promptly give a duplicate key to any such changed.,l replaced or new
lock to Landlord,and upon termination of this Lease,Tenant shall deliver all keys to the Lem ed Premises to
Landlord.
14. REPAIRS
S*Cd to applicable law,Tenant shell keep and maintain the Leased Premises and all eqw' ent,final
�r me and fixtures thereon or used therewith repaired,whole and of the same kind,qualm and description and
in such good repair,order and condition as the same are at the beginning of the Term of this Izase or may be put in
thereafter,reasonable and ordinary wear and tear and damage by fire and other unavoidable casualty only excepted_
If Tenant fails within a reasonable time to make such repairs or replacement,or makes them'improperly,then and
in any such event or events,Landlord may(bit shall not be obligated to)make such repairs of replacements and
Tenant shall reimburse Landlord for the reasonable cost of such repairs,replacements,or replacement value,in full,
as additional rent,upon demand
Without limiting the generality of the fateeoina language.Tenant will not be resao s .le for the failure of
app ianoes such as any Stove Dishwasher or R+efrieerator unless by Tenant's own negligence or the negligence of
any guests of Tenant
*Notwithstanding the preceding portions of paragraph 16,the Leased Premises are being leaped to Tenant without
the promise or consideration of personal property,including but not limited to,major appliances. Any personalty,
belonging to Landlord that remains on the Leased Premises may be used by Tenant but is in no way a surrender of
ownership by Landlord- Furdler,Tenant shall not rely on the use and enjoyment of any pem6, a property
belonging to Landlord as part of Tenant's tenancy nor shall Tenant make his use or enjoyment of any of said
personalty a condition of the payment of any rent due Landlord Tenant shall be liable to Landlord for damage
caused to any of Landlord's personal property that is kept,used or comolled by Tenant,including fire or any other
Cdsnalty resulting from Tenant's negligence or the negligence of any of Tenant's guests. Te>#ant shall not remove
any of Landlord's personal property from the Leased Premises without the Landlord's prior .written consent Tenant
shall notify Landlord, m writing,of any personal property belonging to Landlord that Tenant does not wish to use,
keep,Control or be responsible for. Following said notice,the unwanted personal property may be removed by the
Landlord,or,in the alternative,Tenant may place any such item or items in a storage area designated by Landlord.
I
15. LOSS OR DAMAGE
Tenant sliall indemnify Landlord against all liabilities,damages and other expenses,including reasonable
attorneys'fees,which may be imposed upon,incurred by,or asserted against Landlord by reason of(a)any failure
on the part of Tenant to perform or comply with any covenant required to be performed or complied with by Tenant
under this Lease,or(b)any mjmy 10 person or loss of or damage to property sustained or oc~nining,on the[eased
premises on account of or based upon the act,omission,fault,negligence or misconduct of i ny person whomsoever . .
other than Landlord. I
16. ENMiENT DOMAIN
If the Leased Premises or any part thereof:shall be taken for any purpose by exercise of the IpOwer of eminent
domain or condemnation or shall receive any direct or consequential damage for which Landlord or Tenant shall be
entitled to compensation by reason of anything lawfully done in pursuance of any public authority,then this Lease
_ shall terminate at the option of Landlord or Tenant and such option maybe exercised in case of any such tang,
notwithstanding that the entire interest of landlord may have been divested by such t dang l If this Lease is not soterminated,then in case of any such taking of the Leased Premises rendering the same or my part thereof unfit for
use and occupancy,a just and proportionate abatement of rent shall be made. Any termination of this Lease
pursuant to this Paragraph shall be effective as of the date on which Tenant is required by the taking authority to
vacate the Leased Premises or any part thereof,FmdEd boweyer that Landlord shall have;ithe option to male such
tcrmi &m effective upon,or at any time following,the chic on which said taking becon s legally effective.
17. TERIA NATION
5/7 .:
Jul 23 10 12:32p Patriots Square 5083949556 p.7
i. Tenant t+epresents and agrees that if this Lease or any resulting tenancy,is terminates or not renewed for
any reasaq and there exists at the time of termination or,non
a rental marimt where the demand for leased
premises exceeds the supply,that Tenant will be able to set up resideace at Tenant's prior addjs,a friend's or
relative's residence. Tenant further represents that by moving to the prior address, or a friend or relative's
residence,neither he nor any member of his family will be significantly burdened or prejudiced by said move.
Tenant further agrees to update the mformatwn and representations made in this Pa#graph 17,in the
evem of a change,and notify Landlord promptly is writing if the conditions and affect on Teri&cease to be as
descr*a
The number of times a tenant may cure non-payment under M.G.L. c. 186§ 11 is he!eby limited to one(1)
time.
All Notices to Ouit that are 'for cause' shall be deemed to terminate!the tenancy at
the commencement of the neat rental period after thirty day, regardless of what is actually
stated within said notice.
I
TENANT ACKNOWLEDGES AND AGREES THAT THE NOTICE TO QUIT FOR NON PAYMENT
AND NOTICE TO QUIT FOR CAUSE ATTACHED HERETO AS EKEHBTTS A AND B,RESPECTIVELY,ARE
IN AN ACCEPTABLE FORM AND SATISFACTORILY MEET LEGAL NOTICE REQWkEMEMS. THIS IS
TENANTS FULL AND FAIR OPPORTUNITY TO REQUIRE CHANGES OR ALTERNAMES TO THE
ATTACHED NOTICES TO QUIT AND AS SUCH,'TENANT HEREBY WAIVES ANY RI1t MT TO OBJECT TO
THE ADEQUACY OF THE NOTICES TO QUIT CONTAINED IN EXHIBITS A AND B.
i
TENANT FURTHER AGREES TO COOPERATE WHEN AND IF PRESENTED WITH A NOTICE TO
QUIT BY SIGNING A COPY PROVING RECEIPT BY TENANT.
Attorneys Fees
ii. For any and all disputes arising out of this Lease or the use or occupancy of the Zeased Premises,
including but not limited to,summary process,Tenant shall be liable to pay the Landlo>,d's total costs and
reasonable attorneys fees a&wdated therewith,if Landbrd pr evaula on su3 i ue of a dispute.
i
Separately signed and acicn ed by Tenant(s)
is. CONSTRUCTION applicable
If any paragraph,part,term,provision or portion of this Lease is determined to be unenforceable under
law,it shall not effect the remaining terms of the Lease and said remaining terms of the Lease shall be enforced to
the fullest extent possible. If two or more persons are named herein as Tenant,their obligelions hereunder shall be
notes are used only as a matter of couvenieenoe and are not to be
joint and several. The captions and marginal to� ,�the context
considered a part of this agreeme t or to be used in deWr ini ng the intent of the Parties
so requires,the singular shall include the plural,and vice-versa,and the feminine shall inchider shmasculine in.no waybed
neuter,and vice-versa. The failure of Landlord to enforce any rights or obligati
construed as a waiver or release of any rights or obligations created or arising out of this Lease- Any modifications or alterations of this Lease are required to be in waiting and signed by all parties. Terms of addendums sball
supersede non-addendum terms.
WARRANTIES AND REPRESENTATION ACKNOWLEDGMENT udividual or entity,and
Tenant acknowledges and accepts that Landlord may transfer title to premisest
to another� in will become
said entity may be of the limited Habr'li'ty nature(e,g,LLC or Corp.),a d changes in the an��said m ri p
Tenant's new Landlord,and that a ant shall be subject add understood that Landlord may act via an agent(s) .f Landlord's,
by said.trap.der. 1t is ir cmised
ather agreed between the parties.
es.
lease agreement and any attached addendum thereto agreement rated in the I.eass,
Tensit acknowledges that he has not relied upon any warranties or representations ��t
except for the following additional warranties and representati ns, any,
Or
Landlord's agent or representative: NONE
(ifnone,state none :ifany sate w om the warranty or representation was i de.)
i 1 L__3
Jul 23 10 .12:32p Patriots Square 5083949556 p.8
19. AUTOMOBILES
No Tenant shall have or keep more than one motorvehicle per licensed driver on the premises, ess authorbzd to
do so,in writing,by Landlord_ Nor shall any Tenant attempt to store unused,malfunctioningi otherwise
damaged beyond use for transportation,or junk motorvehicles or any motorvehicle parts on the Leased Premises.
Nor shall any Tenant attempt.to make major repairs to motorvehicles or use,mix,fill,or S(ONIany motnrvehide
fluids or parts, including but not limited to,motor oil,oil changes,Msmissi M fluids,and' ze,brake fluid,
tires,rives,covers,hubcaps,trailers,campers,etc.
Notwithsrandmg the foregoing,no more than 4(four)motorvehicles shall be permitted to be on the premises,
excluding those belonging to visitors during a temporary visit.
In addition to termination of the lease agreement at option of Landlord,Landlord shall be at�orized to opt to have
said fluids,parts,or excess motorvehicles removed,cleaned or towed away at the expense of tie Tenant Any other
related expenses,including storage fees if deemed appropriate by Landlord,shall also be at thje expense of Tenant
20. ELECTRICAL SAFETY
Tenant shall not use extension chords or adapters that multiply the number of outlets other than power strips
equipped with their own circuit breakers and Properly rated for the amount of power usage to!! demanded by
Tenant and Tenant's electrical devices.
DISCLOSURES
21. Tenant understands and acknowledges that Landlord is a real estate broker and attoryiuey.
2L NOTICE
NOTICE TO LANDLORD SHALL BE BY WRITTEN NOTICE ONLY AND 4NT TO ADDRESS
LISTED IN PARAGRAPH 1,above. Verbal or other non-conforming notice about any Jutted shall not he
deemed notice to Landlord even if Landlord reWouds or otberwise acts on such non-conforming orming notice.
THIS L5 A LEGALLY BINDING CONTRACT, IF NOT UNDERSTOOD,SEEK COMPETENT ADVIC>+v
BY SIGNING BELOW,ALL PARTIES CERTIFY THAT TBE'Y HAVE READ THE ABOI TB AND AGREE TO
BE BOUND BY ITS TERMS AND CONDITIONS
TENANT(s):
N� cue icon Dm sow syNa.
iVemC r4ho J� Date Solid Semay No.
CO-SIGNOR(s)
Nemec afCvsjBmg D�Bm C}de - Soda!Seam v Nofrax S.D.N
Nana of Co-6pn Obba- hate Saul SeccmY 2FeJreoc 1 D.B
Nine of Cat6 - Dab Sold SecosOY Na/Ibx S.D.
7/7
I
I
�o I o
Town of Barnstable
�p tNE 1p�
Regulatory Services
Thomas F. Geiler, Director
■ s
• BARNSTABLE, `
y MASS. g Building Division
i639' ♦0
'OrFnuea'�" 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 EXIT ORDER
DATE: �Il�.,.110
LOCATION: Z-CLV % C.Q., H S
UNDER THE PROVISIONS OF 780 CMR, THE STATE BUILDING CODE,
SECTION 3400.5.1, YOU ARE HEREBY ORDERED TO IMMEDIATELY
DISCONTINUE THE USE OF THE CELLAR/BASEMENT AREA FOR SLEEPING
PURPOSES.
Lilt'. j
I PECTOR
SIGNA RE OF RECI EN
ODEM DE SAIDA
DATA:
LOCALIDADE:
DE ACORDO COM 0 PROVISORIO 780 CMR, CODIGO DE CONSTRUCAO DO
ESTADO, PARAGRAFO 3400.5.1, VOCE ESTA ORDENADO DE DEIXAR DE
USAR, IMEDIATAMENTE, A AREA DO PORAOBASEMENT PARA 0
PROPOSITO DE DORMIR.
INSPETOR LOCAL
ASSINATURA DO RECIPIENTE
act aol0
��-u r�� '
���.� '
oFt Ta Town of Barnstable
Regulatory Services
r r
r r
* BARNSTABLE,
y MASS. $ 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
July 30, 2010
Brian J. Wasser
Susan Quealy-Wasser
P.O. BOX 1978
Hyannis, MA 02601
RE: EXIT ORDER 28 Janice Lane, Hyannis Map: 307 Parcel: 274
Dear Property Owner/Occupant:
This letter shall serve as notice that the building department has identified several
violations at the above address. An apartment containing a bedroom with insufficient
emergency escape as required by 780 CMR 5310.1 has been constructed without the
benefit of permits at the above referenced address and
You are hereby notified that the basement bedroom is dangerous and unsafe and its
use must be immediately discontinued. The property must be brought into
compliance or be subject to criminal prosecution.
A building permit issued by this office and satisfactory completion of the inspection
process is needed for compliance. Please call this office at (508) 862-4034 with any
questions..Thank you for immediate attention in this matter.
By Order,
WLauzon
Local Inspector
Q:zoning5
fit.Ai-r-i-U
BRIAN JAY WASSER
ATTORNEY AT LAW
J.U`.`'3a..c 1978 N#aruue,,MCZ 02601 (508)862-9999 &uwfainwgimn cam
July 23,2010
Mr.Timothy B.O'Connell,R.S.,Health Inspector
Town of Barnstable
Public Health Division „ )
200 Main Street ail(
Hyannis,MA 02601
Dear Inspector O'Connell:
This office has been retained to represent Susan Quealy-Wasser concerning your letter dated June
23,2010 and received July 14,2010.
Please be advised our client is fully committed to cooperation and Compliance with the law,
however,laws conflicting with State or Federal constitutions are,and should be,invalidated.
Despite good intentions the rental registration program you reference appears to be in conflict with
values and principals of an even greater importance to our community. These include constitutionally
protected rights of privacy,equality and property.
It is axiomatic that protection of our constitutional civil rights is paramount to a healthy and free
society and serves the best interests of our community.
The registration program,in summary,requires homeowners operating a rental property within the
Town of Barnstable to pay$90 per year to cover the cost of the program's annual inspections. The
registration program does not apply equally to.all property owners,as many are exempted. Ownership of a
rental property prior to the creation of the registration program is not listed among the exemptions. Thus,
no"grandfather"clause or other consideration is provided for those who purchased rental property in
reliance upon the laws as they existed at the time of purchase. Non-compliance with the program can result
in further costs and penalties ultimately leading to criminal liability to the non-compliant homeowner.
Examples of where the rental registration program appears to exceed its authority are as follows:
1. Inspections based upon annual,routine scheduling constitutes a warrantless search and SeiZUre in
violation of state and federal constitutional guarantees of an individual's privacy and security in
their persons and houses.
2. In the event a warrantless search uncovers violations,the non-compliance with which could
ultimately lead to crim-final liability,same would violate the constitutional guarantee against self-
incrimination.
3. The rental registration program's exemptions of certain property owners who are not otherwise
subject to annual,routine inspections violates the constitutional right to equal protection.
Additionally,as non-rental properties,such as primary residences,are exempt from the annual
inspections,there appears to be no rational basis for the law in fulfilling its stated purpose. •�
Similarly,charging a fee is a deterrent to safety inspections,as contrasted with safety inspections
performed free of charge by other departments.
4. Under the original and common system of enforcement whereby inspections are supported by
probable cause triggered by a complaint under oath or affirmation,the cost of such inspections are
born by the community via the general tax fund. Under the rental registration program,the cost of
community-wide,routine inspections are imposed upon select homeowners.. This inequitable
i
inconsistency implicates both the constitutional right to due process as well as equal protection,
and may further be the result of an invalid and inappropriate use of a municipality's power to tax
and impose fees.
5: Application of the registration program to pre-2006 homeowners may violate due process and for
all homeowners subject to registration,their property values are decreased by at least$90.00 per
year. Such decreases in property value by a government may constitute a"taking"whereby the
Town is required to compensate such homeowners for the value of the taking.
6. Information required by the registration"application"raises additional concerns. Homeowner's
who reveal personal and protected infonnation about tenants expose themselves to liability from
third-party claims for breach of privacy;certain infonnation about the homeowner appears to have
no relation to the registration law's stated purpose,such as the age of the homeowner;and
` disclosure of other infonnation is questionable on grounds against self-incrimination,given the
stated purpose of the inspections and ultimate consequences to rron-compliant homeowners.
7. Collateral rights and obligations governed by landlord-tenant law and coniract law militate against
a landlord permitting routine inspections of leased premises. Landlords are bound to preserve the
quiet enjoyment of their leased premises and the law limits a landlord's right to enter the premises,
either directly or through an agent(i.e.,government officials).
The above is not an exhaustive list,yet is intended to provide a sense of the broader issues at
stake.
For her own sake and the sake of the community at large,our client cannot,in good conscience,
pen-nit warrantless inspections by government officials that unreasonably interfere or encroach upon the
rights and liberties guaranteed by our State and Federal constitutions,or subject her to third-party liability.
To do so would be grossly irresponsible and unpatriotic.
This is not to suggest,however,that the health and safety of an individual residence is not
important. Our client does much to ensure the health and safety of her property and,interestingly enough,
our client is the only homeowner in the Town of Barnstable who for years has requested routine fire safety
inspections of her property.
In light of the above,our client is faced with a bit of a dilemma with respect to complying with the
rental registration program and requests further guidance from the Town so as to ensure a harmonious
resolution.
If the rental registration program is not unconstitutional as written,or as applied,please advise as
to how a homeowner such as our client should proceed so as not to offend constitutional protections,
landlord-tenant law and contractual obligations on the one hand,and the rental registration program on the
other.
For the good of the community as a whole,we greatly appreciate your consideration,patience and
cooperation in working out these important issues.
Thank you.
Very;vuly yours,
Brian J. Wasser,Esq.
(e�e�
tit
�, n t► Tq,,,o 16
Town of Barnstable
Regulatory Services
` sn MASS.i a Thomas F.Geiler,Director
9�A 1639.� `��'
lE _ Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
MEMORANDUM
DATE: January 29,2004
TO: Tom Perry,Building Commissioner
FROM: David Mattos,Building Inspector
REGARDING: 28 Janice Lane,Hyannis
A complaint investigation at the above referenced property was made on May 13,2003 regarding illegal
apartments in a single-family home.The tenant on the first floor did not speak English so I left a card so the
owner could contact me because no one else was home.
I revisited the site on May 15,2003 and spoke with tenant Kim Wadley regarding the apartments. She let
me in to view the second floor containing 2 apartments with a shared bathroom in the middle.A full kitchen
was set up in each apartment. She informed me there are also 2 apartments on the first floor and one more in
the basement.
I took pictures of the second floor and the outside of the building showing a bulkhead entrance into the
basement and an emergency window well being built.No permits were issued for this construction.
The owner came into the office on May 26, 2003 and was given written warning#4077 for five apartments
in a single-family home in an RB zoning district.The owner wanted to obtain a permit for the entrance to
the basement and I explained no permits could be issued until the ilfegaf apartments were removed or
somehow made legal.I also explained when he is able to obtain the permit he will be charged a double fee
for the work being done without the proper permit.I gave the owner two months to remove the kitchens and
restore the structure back to a single-family dwelling.
I revisited the site on January 23,2004while investigating other complaints in the vicinity of the property. I
found the entrance to the basement was finished and also found new asphalt roof shingles also done without
the necessary building permit. I returned to the office and contacted the owner and explained his time to
remove the apartments had expired and wanted to see compliance by January 30,2004. I explained if there
d
h� !T
S�
is no compliance he will be fined.I asked the owner why he hadn't obtained a permit for the work done to
the roof and the finishing of the basement entrance and did not receive a satisfactory reply.
i
Pictures of new improvements at the property were again taken on January 26,2004.
�FTHE TQ Town of Barnstable
Y Regulatory Services
• snxxsrnsLe.
9 Mass. Thomas F.Geiler,Director
fo v. Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
MEMORANDUM
DATE: January 29,2004
TO: Tom Perry,Building Commissioner
FROM: David Mattos, Building Inspector
REGARDING: 28 Janice Lane,Hyannis
A complaint investigation at the above referenced property was made on May 13,2003 regarding illegal
apartments in a single-family home.The tenant on the first floor did not speak English so I left a card so the
owner could contact me because no one else was home.
I revisited the site on May 15,2003 and spoke with tenant Kim Wadley regarding the apartments. She let
me in to view the second floor containing 2 apartments with a shared bathroom in the middle. A full kitchen
was set up in each apartment. She informed me there are also 2 apartments on the first floor and one more in
the basement.
I took pictures of the second floor and the outside of the building showing a bulkhead entrance into the
basement and an emergency window well being built.No permits were issued for this construction.
The owner came into the office on May 26,2003 and was given written warning#4077 for five apartments
in a single-family home in an RB zoning district.The owner wanted to obtain a permit for the entrance to
the basement and I explained no permits could be issued until the illegal apartments were removed or
somehow made legal.I also explained when he is able to obtain the permit he will be charged a double fee
for the work being done without the proper permit. I gave the owner two months to remove the kitchens and
restore the structure back to a single-family dwelling.
I revisited the site on January 23,2004while investigating other complaints in the vicinity of the property. I
found the entrance to the basement was finished and also found new asphalt roof shingles also done without
the necessary building permit. I returned to the office and contacted the owner and explained his time to
remove the apartments had expired and wanted to see compliance by January 30,2004. I explained if there
s
is no compliance he will be fined.I asked the owner why he hadn't obtained a permit for the work done to
the roof and the finishing of the basement entrance and did not receive a satisfactory reply.
Pictures of new improvements at the property were again taken on January 26,2004.
G
e
L
D4 .r-b
�s�o fel--Iv
s;F'
� R
Er° Town of Barnstable
Regulatory Services
BAM NSTnBLFE ' Thomas F.Geiler,Director
16.39. 1. Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Susan&Brian Wasser
43 Forest Glen Road
Hyannis, MA 02601
February 4, 2004
RE -28 Janice Lane, Hyannis
Map 307 Parcel 274
Dear Madam or Sir:
A review of our records including the permitting history of the above referenced property
as well as Zoning Board of Appeals records indicates that the use of that address as
anything other than that of 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. The four kitchens must be
removed and the plumbing must also be capped into the wall cavity. This will bring your
dwelling into compliance with Town Zoning Ordinance 3-1.1 —Residential Districts -
§lA. You are to accomplish this work and notify this office to inspect by February 17,
2004. If this work is not accomplished we will be forced to seek criminal action against
you and fines will be assessed until the dwelling is brought into compliance.
Should you have any questions please feel free to call me at 508-862-4033.
Sincerely,
David Mattos
Building Inspector
t4
a
t, -
°FW� Town of Barnstable
Regulatory Services
vanxxai a Thomas F.Geiler,Director
�A 039.TFOMn�16 Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
www:town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Susan&Brian Wasser
43 Forest Glen Road
Hyannis, MA 02601
February 4, 2004
RE: 28 Janice Lane, Hyannis
Map 307 Parcel 274
Dear Madam or Sir:
A review of our records including the permitting history of the above referenced property
as well as Zoning Board of Appeals records indicates that the use of that address as
anything other than that of 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. The four kitchens must be
removed and the plumbing must also be capped into the wall cavity. This will bring your
dwelling into compliance with Town Zoning Ordinance 3-1.1 —Residential Districts -
§IA. You are to accomplish this work and notify this office to inspect by February 17,
2004. If this work is not accomplished we will be forced to seek criminal action against
you and fines will be assessed until the dwelling is brought into compliance.
Should you have any questions please feel free to call me at 508-862-4033.
Sincerely,
o�
David Mattos
Building Inspector
Bk -16316 P:9119 :10137
01-29-200 3 &
MASSACHUSETTS QUITCLAIM DEED
I/We,Jose Lidio Rodrigues and LucilliaD.R.Rodrigues of 28 Janice Lane, Hyannis, Massachusetts
02601,for consideration paid, and in full consideration of TWO HUNDRED SEVENTY-FIVE
THOUSAND AND 00/100 Dollars(U.S. $275,000.00)grant.to Susan Quealy-Wasser, Individually, of43
Forest Glen Road,Hyannis,Massachusetts 02601 with quitclaim covenants the following property in
Barnstable,Massachusetts.
The land in Barnstable(Hyannis),Barnstable County,Massachusetts,bounded and described as follows:
BEGINNING at the southwesterly comer of the premises herein conveyed a point in the tum-around in Janice
Lane and at the southeasterly corner of Lot#5 as shown on a plan of land hereinafter mentioned;
THENCE NORTH 3 degrees 03' 10" EAST in line of last-named, one hundred twenty-two and 32/100 .
(122.32)feet to I and now or formerly of Collin F.Woodbury;
THENCE SOUTH 77 degrees 44'EAST in line of last -named land, one hundred twenty-five(125) feet to a
point;
THENCE SOUTH 75 degrees 52'30"EAST still in line of last-named land, fourteen and 39/100 (14.39)feet
to land now or formerly of William H.Nelson,et al,Trustees;
THENCE SOUTH 12 degrees I I' WEST in line of last-named land,fifty-eight and 74/100(58.74)feet to Lot
#3 on said plan;
THENCE NORTH 76 degrees 21'30"WEST in line of last-named lot, one hundred and 48/100(100.48)feet
to a corner and the northwesterly corner of said Lot#3;
THENCE SOUTH 12 degrees I P WEST still in he of last-named lot, sixty-seven and 67/100 (67.67)feet to
the said Janice Lane;and
THENCE NORTHWESTERLY in said Janice Lane in the arc of a circle having a radius of fifty-two and
50/100(52.50)feet,a distance of twenty(20)feet to said Lot#5 and the point of beginning.
CONTAINING 9,375 square feet,more or less.
BEING SHOWN AS'LOT #4 on Subdivision Plan of Land in (Hyannis), Barnstable, Massachusetts for
LaFleur Development Corp., dated October 1971,=and filed with Barnstable County Registry of Deeds in Plan
Book 267,Page 39.
Being the same premises conveyed to the herein named grantor(s) by deed recorded with Barnstable County
Registry of Deeds in Book 13723,Page 274.
. t
Witness my/our hand(s)and seal(s)this 29th day of January, 2003.
Joe Lidio Rodrigues Lucillia D.R. Rodrigue
•- fir.
1 r -
t
P. k 16316 P 120 010137
r
Commonwealth of Massachusetts
Barnstable,ss: January Z9,2003
Then personally appeared the above-named Jose Lidio 4ac4
R. Rodrigues and
acknowledged the foregoing instrument to be his/her/their freore me.
No Public: Rehe&d-9.-B4tbin,Esquire
My Commission Expires: 9ft 6'
PROPERTY ADDRESS: 28 Janice Lane Hyannis,Massachusetts 02601
N , RK S-rEpN
Notary public ENSON
alth of Massachusetts
commission Spires
"ovember 29,2007
sue,
ox ------------------- -
BAP TABLE - -
COUNTY EXCISE TAX
01/29/03 3:')(P I 01 -----------------�----
000000 #0479
FEE $940.50
DATE 01.29.'03 WED
CASH S-9'40.!S4. .
TAX $627.00
TOTAL $627.00
CASH $627.00
CLERK 1 NO,036483
TIME 14:5.6 1111
BARNSTABLE REGISTRY OF DEEDS
Bk 17798 PS97 "0120489
10--15-2003 8i 03 n 58P
QUITCLAIM DEED
I,SUSAN QUEALY-WASSER
Of 43 Forest Glen Road,Hyannis,Barnstable County,Massachusetts
inconsideration of less than One Hundred($100.00)Dollars paid
grant to BRIAN J.WASSER and SUSAN QUEALY-WASSER,husband and wife as tenants
by the entirety,both of 43 Forest Glen Road,Hyannis,Barnstable County,Massachusetts
with quitclaim covenants
The land with the buildings thereon situated in that part of Barnstable known as Hyannis,
Barnstable County,Massachusetts described as follows:
LOT 4 on Subdivision Plan of Land in (Hyannis), Barnstable, Massachusetts for LaFleur
Development Corp., dated October 1971, and filed with Barnstable County Registry of Deeds in
Plan Book 267,Page 39.
For my title see Deed recorded in Book 16316,Page 119.
Property Address: 28 Janice Lane,Hyannis,Massachusetts.
Executed as a sealed instrument this 8"h day of October, 2003.
SUSAN QUEA -WASSER
COMMONWEALTH OF MASSACHUSETTS
Barnstable,ss, b October 8,2003
Then personally appeared the above-na Susan u y- sseredowledged the
foregoing instrument to be her free act a deed
Before me
Danie M. Creedon,III Notary Public
My commission expires:4/2/04
BARNSTABLE REGISTRY OF DEEDS
{
Bk 22538 Pg 27 #71056
MORTGAGEE REQUESTS NOTICE OF ANY ADVERSE ACTION
THAT A PRIORITY LIEN HOLDER TAKES WITH REGARD TO
THE PROPERTY,INCLUDING DEFAULT AND FORECLOSURE
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.
/7/a7
(Seal) (Seal)
BRIAN WASSER -Borrower Borrower
Seal
-Borrower -BorrowerBorrower
(Seal) Borrower
-Borrower
Witness: / Witness:
BRIAN WASSER/ 995070111529050
MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE DocMSWC eRWOM M"4941362
MAHESI.HLC 10/06106 Page 12 of 13 www.doomagir.com
I,
Bk 22538 Pg 28 #71056
(Space Below This Lure For Acknowledgment]
Commonwealt assachusetts
County
Coun of �e /��- 5 /'�"
otcrrQ �6
On this day of --before me,the undersigned notary public,
personally appeared 13RIAN WASSER
proved to me through satisfactory evidence of identification,which were
to be the person whose name is signed on the preceding or attached document,and acknowledged to me that(he).(she)
signed it voluntarily for its stated purpose.
❑ (as partner for
a corporation)
❑ (as_ - for
a corporation)
❑ (as attorney in fact for ,
the principal)
❑ (as for
(a)(the)
AotAry Public
oo •:T'�y -- Sig-r. / 7�� 2�7
Notary Public(Printed Name)
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Gil•'��i � �+ly:�'Oa�� . . �(�� /r - 2� 1
��►•.. �`a!z My commission expires:
(sue) /
BRIAN WASSER/ 99507011.1529050
MASSACHUSETTS HOME EQUITY LINE OF CREDIT MORTGAGE Docuagic epumm eao-6aa1362
MAHESI.HLC 10JOSM Page 13 of 13 WWW.docmagiC.com
BARNSTABLE REGISTRY OF DEEDS
I
t Bk 23466 Ps 228 =$716
02 -23--2009 a 1 O z 56u
(Space Above This Line for Recording Data)
Record&Return To: Loan number: 60871801310199
Bank of eri
Attn: . Cra' Ely
NC4-1 5-0 8
4161 ied ont Pkwy
Greensbor ,NC 27410-8110
LOAN MODIFICATION AGREEMENT
This Loan Modification Agreement("Agreement"), made as of the 1'`day of February 2009,
between Brian J. Wasser(`Borrower")and Bank of America,N.A. ("Lender"), amends and
supplements(a)the Mortgage(the"Security Instrument"), dated January 17, 2007, and recorded
in Book 22538 at Page 16 in the Barnstable County Registry of Deeds on December 14, 2007,
and(b)the Equity Maximizer Agreement and Disclosure Statement bearing the same date as,
and secured by, the Security Instrument,which covers the real and personal property described in
the Security Instrument and defined therein as the"Property", located at
28 Janice Lane,Hyannis,Barnstable County,Massachusetts
SEE EXHIBIT A ATTACHED
In consideration of the mutual promises and agreements exchanged, the parties hereto agree as
follows(anything to the contrary contained in the original Note and Security Instrument
notwithstanding):
1. As of February 1, 9009,the amount payable under the Note and the Security Instrument(the
"Unpaid Principal Balance")is U.S. $45,000.
2. The Borrower promises to pay the Unpaid Principal Balance, plus interest,to the order of the
Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of zero
percent (0.00%). The Borrower promises to make monthly payment of principal and
interest in the amount of U.S. $375.00 beginning March 1,2009, and continuing thereafter on
the same day of each succeeding month until principal and interest are paid in full. If, on
February 1,2019(the"Maturity Date"),the Borrower still owes amounts under the Note and
the Security Instrument, as amended by this Agreement,the Borrower will pay these amounts
in full on the Maturity Date.
Bk 23466 Pg 229 #8716
r
The Borrower will make such payments at Bank of America,Attn: Payment Processing,
4161 Piedmont Pkwy,Greensboro,NC 27410-8110,or as such other places as the Lender
may require.
3. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial
interest in the Borrower is sold or transferred and the Borrower is not a natural person)
without the Lender's prior written consent,the Lender may, at its option, require immediate
payment in full of all sums secured by this Security Instrument.
If the Lender exercises this option,the Lender shall give the Borrower notice of acceleration.
The notice shall provide a period of not less than 30 days from the date the notice is delivered
or mailed with in which the Borrower must pay all sums secured by this Security Instrument.
If the Borrower fails to pay these sums prior to the expiration of this period,the Lender may
invoke any remedies as permitted by terms of the original Security Instrument without,
further notice or demand on the Borrower.
4. The Borrower also will comply with all other covenants, agreements, and conditions of the
original Security Instrument, including without limitation, the Borrower's covenants and
agreements to make all payments of taxes, insurance premiums, assessments, escrow items,
impounds, and all other payments that Borrower is obligated to make under the original
Security Instrument;however,the following terms and provision are forever cancelled, null
and void, as of the date specified in paragraph No. I above:
(a) all term and provisions of the Note and Security Instrument(if any)providing for,
implementing, or relating to, any change or adjustment in the rate of interest payable
under the Note; and
(b) all terms and provisions of any adjustable rate rider or other instrument or document
that is affixed to,wholly or partially incorporated into, or is part of,the Note or
Security Instrument and that contains any such terms and provisions as those referred
to in(a)above.
5. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in
whole or in part of the Note or Security Instrument. Except as otherwise specifically
provided in this Agreement,the Note and Security Instrument will remain unchanged, and
the Borrower and Lender will be bound by, and comply with, all of the terms of and
provisions thereof, as amended,by this Agreement.
M
"'"SIGNATURE PAGE FOLLOWS**********
Bk 23466 Pg 230 #8716
Brian 7. Wasser Bank of America,N.A.
By: r _ C" C��r
Title:
BORROWER'S ACKNOWLEDGMENT
COMMONWEALTH OF MASSACHUSETTS
Barnstable County,ss.
On this T day of February 2009,before me,the undersigned notary public,personally
appeared Brian J.Wasser,proved to me through satisfactory evidence of identification,which was
)99 dn„-e,s* 1 rQn g _ ,to be the person whose name is signed on the preceding or attached
document,and acknowledged to me that he signed it voluntarily for its tated purpose.
HELENA M. HALL ,
o Public
NOTARY PUBLIC
Commonwealth of Massachusetts
My Commission Expires
January 29,2910
LENDER'S CORPORATE ACKNOWLEDGMENT "` j-
z . J
STATE OF Yy `"ti;``••�`
County,ss.
Oi%this da of February 2009,before me,the undersigned notary public,personally
appeared proved to me through satisfactory evidence of
identification,whi h was to be the person whose name is signed on the
preceding or attached document,'And acknowledged to me t s/he signed it vol nta ' for stated
purpose on behalf of Bank of America,N.A.
i
No he
OFFICIAL SEAL
t c Notary Public,North Carolina
COUNTY OF GUILFORD
GEORGIANA L.OLDS
My Comm.Exp.April S.2009
•. ; Bk 23466 Pg 231 #8716
EXHIBIT A
Property Description
28 Janice Lane,Hyannis,Barnstable County, Massachusetts
The land with the buildings thereon situated in that part of Barnstable known as Hyannis,
Barnstable County,Massachusetts, described as follows:
Lot 4 on Subdivision Plan of Land in(Hyannis),Barnstable,Massachusetts for LaFleur
Development Corp.,dated October 1971, and filed with Barnstable County Registry of Deeds in
Plan Book 267,Page 39y
For title, see Deed from Susan Quealy-Wasser to Brain J. Wasser and Susan Quealy-Wasser,
dated October 8,2002,recorded with the Barnstable County Registry of Deeds in Book 17798,
Page 97.
r
BARNSTABLE REGISTRY OF DEEDS
De
De
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Bk 17798 P:997, 0120489
10-15-2003 8 03 5Lo
QUITCLAIM DEED
I,SUSAN QUEALY-WASSER
Of 43 Forest Glen Road,Hyannis,Barnstable County,Massachusetts
in consideration of less than One Hundred($100.00)Dollars paid
grant to BRIAN J.WASSER and SUSAN QUEALY-WASSER,husband and wife as tenants
by the entirety,both of 43 Forest Glen Road,Hyannis,Barnstable County,Massachusetts
with quitclaim covenants
The land with the buildings thereon situated in that part of Barnstable known as Hyannis,
Barnstable County,Massachusetts described as follows:
LOT 4 on-Subdivision Plan of Land in (Hyannis), Barnstable, Massachusetts for. LaFleur
Development Corp., dated October 1971, and filed with Barnstable County Registry of Deeds in
Plan Book 267,Page 39.
For my title see Deed recorded in Book 16316,Page 119.
Property Address:28 Janice Lane,Hyannis,Massachusetts.
Executed as a sealed instrument this 8"' day of October, 2003.
SUSAN QUE -WASSER
COMMONWEALTH OF MASSACHUSETTS
Barnstable,ss. October 8,2003
Then personally appeared the above-naVSusan y- sser dowledged the
foregoing instrument to be her free act a
Before me
Danie M.Creedon,III Notary Public
My commission expires:4/2/04
BARNSTABLE REGISTRY OF wnq
_
BooKMI'GE' 154
THE COVE AT YARMOUTH
RESORT HOTEL CONDOMINIUM 77871
INTERVAL OWNERSHIP DEED
THE COVE AT YARMOUTH ASSOCIATES LIMITED PARTNERSHIP,a Massachusetts limited partnership
with a mailing address of P.O.Box 2490,Hyannis,Massachusetts 02601(hereinafter called the"GRANTOR")for
consideration paid,and In full consideration
I of EIGHT THOUSAND ONE HUNDRED AND 00/100 DOLLARS ($ 8,100.001,
grants to BRUCE A. WASSER and PAULA Q. WASSER,
Husband and Wife as Tenants byy the Entirety
of 121 NANCI KAREN DRIVE �IARWICK, RI 02886
(hereinafter Called the"GRANTEE"),with QUITCLAIM COVEq� YJS,Interval(s)consisting of U3s$4Period No.(s)
and comprising an undivided..... interest in Unit.No......_.____......_......of
THE COVE AT YARMOUTH RESORT HOTEL CONDOMINIUM located at Route 28,West Yarmouth,Barnstable
County,Massachusetts 02673,created by Master Deed and Interval Ownership Supplement to Master Deed,
dated January 20,1986 and recorded at the Barnstable County Registry of Deeds in Book 4971 ,Page 302
Said Unit contains___.36.0.........__square feel,more or less,and has an undivided _..•4367_._%
Interest in the Common Areas of THE COVE AT YARMOUTH RESORT HOTEL CONDOMINIUM.
The Interval(s)hereby conveyed Is subject to and has the benefit of all applicable provisions of the Master
Deed and Interval Ownership Supplement referred to herein.
jAlso conveying as between owners of interest in the Condominium Unit the exclusive right to use and
' occupy the Condominium Unit,and to use and enjoy the Common Areas and any other rights and easements as
i may from time to time be appurtenant to the Condominium Unit,during Use Period No.(s) ..39. .. . . .........._
as said Use Periods are defined in said Interval Ownership Supplement and upon and subject to all the terms,
covenants,conditions and provisions set forth in said Master Deed and Interval Ownership thereto,the Declara•
lion of Trust and Interval Ownership Supplement thereto,dated January 20, 1986 and recorded with said Barn.
stable Deeds in Book 4972,Page 1
I
i Said Unit is intended to be used only for hotel purposes as set forth in Section 9 of the Master Deod,The
Unit Is funlier subject to the restrictions set forth in Section 10 of the Master Deed,and subject to the provisions
of the Interval Ownership Supplement to the Master Deed. Specifically,unless permitted in writing duly ex•
ecuted by the Trustees of THE COVE AT YARMOUTH RESORT HOTEL CONDOMINIUM TRUST(the"Trust")
pursuant to the provisions of the Bylaws thereof:(a)No Unit shall be used for any purpose other than a purpose
permitted under Section 9 of the Master Deed;(b)the architectural integrity of the buildings and the Units shall
i be preserved without modification,and to that end,without limiting the generality of ilia foregoing,no balcony,
enclosure,awning,screen,antenna,sign,banner or other device,and no exterior change,addition,structure,
projection,decoration or other feature shall be erected or placed upon or attached to any such Unit or any part
i thereof,no addition to or change or replacement of any exterior light,door knocker or other exterior hardware
shall be made,and no painting,signs,posters,advertisement,attaching of decalcomania or other decoration
shall be done on any exterior part or surface of any Unit nor on the interior surface of any window,without the
written consent of a majority of the Trustees of the Trust;(c)no Unit Owner shall maintain or occupy the Unit in a
t manner contrary to or Inconsistent with the rules and regulations adopted by the Trust from lime to time;and(d)
no Unit Owner,tenant,guest or invitee shall commit waste on the premises or permit any nuisance to be main-
tained thereon.
i The GRANTEE acquires said Unit with the benefit of and subject to the provisions of Chapter 183A of the
Massachusetts General Laws in force as of the dale hereof and as amended from time to time.
Being a portion of the premises conveyed to GRANTOR by deed of Louis landoli at at dated June 15,1984.
j and recorded with said Barnstable Deeds in Book 4151,Page 41.
26th Ootobez 7
... _.,
EXECUTED as a sealed Instrument this_.___._ ......_. .__day of _...._._..._......... 198_............._ ... ...___.
THE COVE AT YARMOUTH
'•I' i ASSOCIATES LIMITED PARTNERSHIP
> j _
IV VI i cer By
:, -
- Malcolm MacPhail
Sole General Partner
COMMONWEALTH OF MASSACHUSETTS October 26, 1987
Date:........----.._ ............._ .........._... ...
Barnstable,ss.
Then personally appeared the above named Malcolm MacPhail,Sole General Partner aforesaid,and
acknowledged the foregoing instrument to be the free act and deed of said Limited Partnership,before me,
Naaa�j`3� �y�
Nei ry Public
i
My Commission Expires: July 11, 1991
BooK6023 PAGE 155
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Bk 21073 Ps247 --3494.6
` 06-07-2006 a 1 1 =S6u
Return To: LOAN # 6869390267
FL9-700-01-01
JACKSONVILLE"P.OST CLOSING
BANK OF AMERICA
9000 SOUTHSIDE BLVD.
BLDG 700, FILE RECEIPT DEPT.
,JACKSONVILLE, FL 32256.. ..
Prepared By: BEL I NDA RANSOM
BANK OF AMERICA, N.A.
1400 BEST PLAZA DRIVE
RICHMOND, VA 232270000
[Space Above This Line For Recording Data]
LOAN # 6869390267
MORTGAGE
0
Z DEFINITIONS
Z
Words used in multiple sections of this document are defined below and other words are defined
in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this
document are also provided in Section 16.
�IN (A)"Security Instrument"means this document,which is dated JUNE 07, 2006
T together with all Riders to this document.
(B) "Borrower"is BRIAN J WASSER AND SUSAN M OUEALY-WASSER, HUSBAND AND
J WIFE AS TENANTS BY THE ENTIRETY
W
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Borrower is the mortgagor under this Security Instrument.
(C)"Lender"is BANK OF AMER I CA, N.A.
Lender isa NATIONAL BANKING ASSOCIATION
7 organized and existing under the laws of THE UN I TED STATES OF AMER I CA
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MASSACHUSETTS -Single Fa ily- Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3022 1/01
-6(MA)(0401)
P.O. 1 0 15 Initials: "" -` CVMA 06/02/06 12:11 PM 6869390267 (IIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIII
VMP Mortgage Solutions 18001521.7291
I
Bk 21073 Pg 248 #34946
Lender's address is 1400 BEST PLAZA DRIVE, R 1 CHMOND, VA 232270000
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated JUNE 07, 2006
The Note states that Borrower owes Lender TWO HUNDRED TH I RTY SEVEN THOUSAND SEVEN
HUNDRED FORTY SIX AND 00/100 Dollars
(U.S.$ 237,746.00 ) plus interest.Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than JULY 01, 2036
(E) "Property" means the property that is described below under the heading"Transfer of Rights
in the Property."
(F) "Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late
charges due under the Note,and all sums due under this Security Instrument,plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower[check box as applicable]:
0 Adjustable Rate Rider 0 Condominium Rider Second Home Rider
0 Balloon Rider 0 Planned Unit Development Rider ®1-4 Family Rider
0 VA Rider 0 Biweekly Payment Rider Other(s)[specify]
(H) "Applicable Law" means all controlling applicable federal, state and local statutes,
regulations,ordinances and administrative rules and orders (that have the effect of law)as well as
all applicable final,non-appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees,
assessments and other charges that are imposed on Borrower or the Property by a condominium
association,homeowners association or similar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction
originated by check, draft, or similar paper instrument, which is initiated through an electronic
i terminal,telephonic instrument,computer,or magnetic tape so as to order,instruct,or authorize
a financial institution to debit or credit an account. Such term includes, but is not limited to,
point-of-sale transfers,automated teller machine transactions,transfers initiated by telephone,wire
transfers,and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
I (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages
described in Section 5) for: (i) damage to,or destruction of,the Property; (ii) condemnation or
other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv)
misrepresentations of,or omissions as to,the value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or
default on,the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and
interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C.Section 2601 et seq.)
and its implementing regulation,Regulation X (24 C.F.R. Part 3500), as they might be amended
from time to time,or any additional or successor legislation or regulation that governs the same
subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and
restrictions that are imposed in regard to a "federally related mortgage loan" even if.the Loan
does not qualify as a"federally related mortgage loan" under RESPA.
tnitia4s.+'�"
—WMA)(0401) Pa9a 7,f 1e Form 3022 1/01
CWA 06/02/06 12:11 PM 6869390267
l
Bk 21073 Pg 249 #34946
i
I
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and/or this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals,
extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note.For this purpose,Borrower does hereby
mortgage,grant and convey to Lender and Lender's successors and assigns,with power of sale,the
following described property located in the COUNTY [Type of Recording Jurisdiction]
Of BARNSTABLE [Name of Recording Jurisdiction]:
"LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF."
I
i
�1
Parcel ID Number:tow 307 PARCEL274 which currently has the address of
28 JAN I CE L,hrt E [Street]
HYANN I S [City] ,Massachusetts 02601 [zip Code]
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property,and all
easements, appurtenances,and fixtures now or hereafter a part of the property. All replacements
and additions shall also be covered by this Security Instrument.All of the foregoing is referred to
in this Security Instrument as the"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed
and has the right to mortgage, grant and convey the Property and that the Property is
unencumbered, except for encumbrances of record. Borrower warrants and will defend generally
the title to the Property against all claims and demands,subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and
nonuniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.
UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late
Charges. Borrower shall pay when due the principal of,and interest on,the debt evidenced by the
Note and any prepayment charges and late charges due under the Note. Borrower shall also pay
funds for Escrow Items pursuant to Section 3. Payments due under Pe Note
/ and this Security
Initial W
—WMA](oaon P.P.3 0 is Form 3022 1/01
CM 06/02/06 12:11 PM 6869390267
I
Bk 21073 Pg 250 #34946
Instrument shall be made in U.S.currency.However,if any check or other instrument received by
Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,
Lender may require that any or all subsequent payments due under the Note and this Security
Instrument be made in one or more of the following forms,as selected by Lender: (a) cash; (b)
money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality,or entity;or(d)Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the
Note or at such other location as may be designated by Lender in accordance with the notice
provisions in Section 15. Lender may return any payment or partial payment if the payment or
partial payments are insufficient to bring the Loan current. Lender may accept any payment or
partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or
prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic
Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current.If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the
outstanding principal balance under the Note immediately prior to foreclosure.No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from
making payments due under the Note and this Security Instrument or performing the covenants
and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,
all payments accepted and applied by Lender shall be applied in the following order of priority:
(a) interest due under the Note; (b) principal due under the Note; (c)amounts due under Section
3.Such payments shall be applied to each Periodic Payment in the order in which it became due.
Any remaining amounts shall be applied first to late charges, second to any other amounts due
under this Security Instrument,and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which
includes a sufficient amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender
may apply any payment received from Borrower to the repayment of the Periodic Payments if,
and to the extent that,each payment can be paid in full.To the extent that any excess exists after
the payment is applied to the full payment of one or more Periodic Payments,such excess may be
applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment
charges and then as described in the Note.
Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due
under the Note shall not extend or postpone the due date,or change the amount,of the Periodic
Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments
are due under the Note,until the Note is paid in full,a sum (the"Funds")to provide for payment
of amounts due for: (a)taxes and assessments and other items which can attain priority over this
Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground
rents on the Property, if any; (c) premiums for any and all insurance required by Lender under
Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to
Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions
of Section 10. These items are called "Escrow Items." At origination or at any time during the
term of the Loan,Lender may require that Community Association Dues,Fees,and Assessments,
if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
—6(MA)ro+on a,y,a of 15 Form 3022 1/01
CVMA 06/02/06 12:11 PM 6869390267
I
i
i
i Bk 21073 Eig 251 #34946
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or all Escrow Items.Lender may waive Borrower's obligation
to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be in
writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the
amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,
if Lender requires, shall furnish to Lender receipts evidencing such payment within such time
period as Lender may require. Borrower's obligation to make such payments and to provide
receipts shall for all purposes be deemed to be a covenant and agreement contained in this
Security Instrument,as the phrase "covenant and agreement" is used in Section 9. If Borrower is
obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the
amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such
amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice
given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all
Funds,and in such amounts,that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit
Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the
maximum amount a lender can require under RESPA.Lender shall estimate the amount of Funds
due on the basis of current data and reasonable estimates of expenditures of future Escrow Items
or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are sd
insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow
Items no later than the time specified under RESPA. Lender shall not charge Borrower for
holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow
Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to
make such a charge. Unless an agreement is made in writing or Applicable Law requires interest
to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on
the Funds, Borrower and Lender can agree in writing,however, that interest shall be paid on the
Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as
required by RESPA.
If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account
to Borrower for the excess funds in accordance with RESPA.If there is a shortage of Funds held
in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and
Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with
RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in
escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and
Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with
RESPA,but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly
refund to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes,assessments,charges,fines,and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold
payments or ground rents on the Property, if any, and Community Association Dues, Fees, and
Assessments,if any.To the extent that these items are Escrow Items,Borrower shall pay them in
the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument
unless Borrower: (a) agrees in writing to the payment of the obliga ion secured by the lien in
Initials:
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a manner acceptable to Lender,but only so long as Borrower is performing such agreement; (b)
contests the lien in good faith by,or defends against enforcement of the lien in,legal.proceedings
which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings
are pending, but only until such proceedings are concluded;or(c)secures from the holder of the
lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If
Lender determines that any part of the Property is subject to a lien which can attain priority over
this Security Instrument,Lender may give Borrower a notice identifying the lien. Within 10 days
of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of
the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification
and/or reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire,hazards included within the term "extended
coverage," and any other hazards including,but not limited to,earthquakes and floods,for which
Lender requires insurance. This insurance shall be maintained in the amounts (including
deductible levels)and for the periods that Lender requires. What Lender requires pursuant to the
preceding sentences can change during the term of the Loan. The insurance carrier providing the
insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,
which right shall not be exercised unreasonably. Lender may require Borrower to pay, in
connection with this Loan,either. (a)a one-time charge for flood zone determination,certification
and tracking services; or (b) a one-time charge for flood zone determination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably
might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with
the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to
purchase any particular type or amount of coverage.Therefore,such coverage shall cover Lender,
but might or might not protect Borrower, Borrower's equity in the Property, or the contents of
the Property, against any risk, hazard or liability and might provide greater or lesser coverage
than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so
obtained might significantly exceed the cost of insurance that Borrower could have obtained.Any
amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument.These amounts shall bear interest at the Note rate from the
date of disbursement and shall be payable, with such interest, upon notice from Lender to
Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to
Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall
name Lender as mortgagee and/or as an additional loss payee.Lender shall have the right to hold
the policies and renewal certificates.If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance
coverage, not otherwise required by Lender, for damage to,or destruction of,the Property,such
policy shall include a standard mortgage clause and shall name Lender as mortgagee andlor as an
additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower.Unless Lender and Borrower
otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was
required by Lender,shall be applied to restoration or repair of the Property,if the restoration or
j repair is economically feasible and Lender's security is not lessened. ring such repair and
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restoration period, Lender shall have the right to hold such insurance proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any
interest or earnings on such proceeds.Fees for public adjusters,or other third parties,retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of
Borrower. If the restoration or repair is not economically feasible or Lender's security would be
lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess,if any,paid to Borrower. Such insurance proceeds shall
be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available
insurance claim and related matters. If Borrower does not respond within 30 days to a notice
from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate
and settle the claim. The 30-day period will begin when the notice is given. In either event,or if
Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument,and(b)any other of Borrower's rights(other than the
right to any refund of unearned premiums paid by Borrower) under all insurance policies
covering the Property,insofar as such rights are applicable to the coverage of the Property.Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid
under the Note or this Security Instrument,whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's
principal residence within 60 days after the execution of this Security Instrument and shall
continue to occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower
shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit
waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall
maintain the Property in order to prevent the Property from deteriorating or decreasing in value
due to its condition.Unless it is determined pursuant to Section 5 that repair or restoration is not
economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
deterioration or damage. If insurance or condemnation proceeds are paid in connection with
damage to,or the taking of,the Property,Borrower shall be responsible for repairing or restoring
the Property only if Lender has released proceeds for such purposes. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or
restore the Property,Borrower is not.relieved of Borrower's obligation for the completion of such
repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it
has reasonable cause, Lender may inspect the interior of the improvements on the Property.
Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying
such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan
application process, Borrower or any persons or entities acting at the direction of Borrower or
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with Borrower's knowledge or consent gave materially false, misleading, or inaccurate
information or statements to Lender (or failed to provide Lender with material information) in
connection with the Loan.Material representations include,but are not limited to,representations
concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security
Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this
Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest
in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy,
probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over
this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
Property, then Lender may do and pay for whatever is reasonable or appropriate to protect
Lender's interest in the Property and rights under this Security Instrument,including protecting
and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's
actions can include, but are not limited to: (a) paying any sums secured by a lien which has
priority over this Security Instrument;(b)appearing in court;and (c) paying reasonable attorneys'
fees to protect its interest in the Property and/or rights under this Security Instrument,including
its secured position in a bankruptcy proceeding.Securing the Property includes, but is not limited
to,entering the Property to make repairs, change locks, replace or board up doors and windows,
drain water from pipes,eliminate building or other code violations or dangerous conditions,and
have utilities turned on or off.Although Lender may take action under this Section 9,Lender does
not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs
no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of
Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate
from the date of disbursement and shall be payable,with such interest,upon notice from Lender
to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions
of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not
merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making
the Loan,Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.
If,for any reason,the Mortgage Insurance coverage required by Lender ceases to be available from
the mortgage insurer that previously provided such insurance and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay
the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance
previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage
Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If
substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the insurance
coverage ceased to be in effect. Lender will accept, use and retain these payments as a
non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable,notwithstanding the fact that the Loan is ultimately paid in full,and Lender shall
not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no
longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the
period that Lender requires)provided by an insurer selected by Lender again becomes available,is
obtained,and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and
Borrower was required to make separately designated payments
ward the premiums for
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Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance
in effect,or to Provide a non-refundable loss reserve,until the Lender's requirement for Mortgage
Insurance ends in accordance with any written agreement between Borrower and Lender Providing
for such termination or until termination is required by Applicable Law, Nothing in this Section
10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain
losses it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the
Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time,
and may enter into agreements with other parties that share or modify their risk,or reduce losses.
These agreements are on terms and conditions that are satisfactory to the mortgage insurer and
the other party (or parties) to these agreements. These agreements may require the mortgage
insurer to make payments using any source of funds that the mortgage insurer may have available
(which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any
reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or
indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's
payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
risk,or reducing losses.If such agreement provides that an affiliate of Lender takes a share of the
insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is
often termed"captive reinsurance."Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to
pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not
increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle
Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with
respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any
other law. These rights may include the right to receive certain disclosures, to request
and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance
terminated automatically, and/or to receive a refund of any Mortgage Insurance
premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or
repair of the Property,if the restoration or repair is economically feasible and Lender's security is
not lessened. During such repair and restoration period,Lender shall have the right to hold such
Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure
the work has been completed to Lender's satisfaction, provided that such inspection shall be
undertaken promptly.Lender may pay for the repairs and restoration in a single disbursement or
in a series of progress payments as the work is completed. Unless an agreement is made in
writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender
shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If
the restoration or repair is not economically feasible or Lender's security would be lessened, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether
or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then
due,with the excess,if any,paid to Borrower.
In the event of a partial taking,destruction,or loss in value of the Property in which the fair
market value of the Property immediately before the partial taking,destruction,or loss in value is
equal to or greater than the amount of the sums secured by this Security Instrument immediately
before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of
the Miscellaneous Proceeds multiplied by the following fraction: (a)the total amount of the sums
secured immediately before the partial taking,destruction,or loss in value divided by(b) the fair
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market value of the Property immediately before the partial taking,destruction,or loss in value.
Any balance shall be paid to Borrower.
In the event of a partial taking,destruction,or loss in value of the Property in which the fair
market value of the Property immediately before the partial taking,destruction,or loss in value is
less than the amount of the sums secured immediately before the partial taking, destruction,or
loss in value, unless Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument whether or not the sums are then
due.
If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for
damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or
repair of the Property or to the sums secured by this Security Instrument,whether or not then
due. "Opposin Party" means the third party that owes Borrower Miscellaneous Proceeds or the
party against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal,is begun
that, in Lender's judgment, could result in forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument.
Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section
19,by causing the action or proceeding to be dismissed with a ruling that,in Lender's judgment,
precludes forfeiture of the Property or other material impairment of Lender's interest in the
Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's interest in the Property are hereby
assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall
be applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the
time for payment or modification of amortization of the sums secured by this Security
Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not
operate to release the liability of Borrower or any Successors in Interest of Borrower.Lender shall
not be required to commence proceedings against any Successor in Interest of Borrower or to
refuse to extend time for payment or otherwise modify amortization of the sums secured by this
Security Instrument by reason of any demand made by the original Borrower or any Successors in
Interest of Borrower. Any Forbearance by Lender in exercising any right or remedy including,
without limitation,Lender's acceptance of payments from third persons,entities or Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability;Co-signers;Successors and Assigns Bound. Borrower
covenants and agrees that Borrower's obligations and liability shall be joint and several.However,
any Borrower who cosigns this Security Instrument but does not execute the Note(a"co-signer"):
(a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's
interest in the Property under the terms of this Security Instrument; (b) is not personally
obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any
other Borrower can agree to extend,modify,forbear or make any accommodations with regard to
the terms of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing,and is approved by Lender,shall
obtain all of Borrower's rights and benefits under this Security Instrument.Borrower shall not be
released from Borrower's obligations and liability under this Security Instrument unless Lender
agrees to such release in writing.The covenants and agreements of this Security Instrument shall
bind(except as provided in Section 20)and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection
with Borrower's default,for the purpose of protecting Lender's interest in the Property and rights
under this Security Instrument,including, but not limited to,attorneys'fees, property inspection
and valuation fees. In regard to any other fees, the absence of express authority in this Security
Instrument to charge a specific fee to Borrower shall not be constru as a prohibition on the
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charging of such fee. Lender may not charge fees that are expressly prohibited by this Security
Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally
interpreted so that the interest or other loan charges collected or to be collected in connection
with the Loan exceed the permitted limits,then: (a)any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit;and (b) any sums already collected
from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may
choose to make this refund by reducing the principal owed under the Note or by making a direct
payment to Borrower. If a refund reduces principal, the reduction will he treated as a partial
prepayment without any prepayment charge whether or not a prepayment charge is provided for
under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such
overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security
Instrument shall be deemed to have been given to Borrower when mailed by first class mail or
when actually delivered to Borrower's notice address if sent by other means. Notice to any one
Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a
substitute notice address by notice to Lender. Borrower shall promptly notify Lender of
Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time.
Any notice to Lender shall be given by delivering it or by mailing it by first class mail to
Lender's address stated herein unless Lender has designated another address by notice to
Borrower. Any notice in connection with this Security Instrument shall not be deemed to have
been given to Lender until actually received by Lender. If any notice required by this Security
Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the
corresponding requirement under this Security Instrument.
16. Governing Law;Severability;Rules of Construction.This Security Instrument shall
be governed by federal law and the law of the jurisdiction in which the Property is located.All
rights and obligations contained in this Security Instrument are subject to any requirements and
limitations of Applicable Law.Applicable Law might explicitly or implicitly allow the parties to
agree by contract or it might be silent, but such silence shall not be construed as a prohibition
against agreement by contract. In the event that any provision or clause of this Security
Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender; (b) words in the singular
shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion
without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this
Section 18, "Interest in the Property" means any legal or beneficial interest in the Property,
including,but not limited to,those beneficial interests transferred in a bond for deed,contract for
deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred(or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in full of all
sums secured by this Security Instrument.However,this option shall not be exercised by Lender
if such exercise is prohibited by Applicable Law.
If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance with
Section 15 within which Borrower must pay all sums secured by t is Security Instrument.
Initials: w
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If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain
conditions, Borrower shall have the right to have enforcement of this Security Instrument
discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant
to any power of sale contained in this Security Instrument; (b) such other period as Applicable
Law might specify for the termination of Borrower's right to reinstate;or c)entry of a judgment
enforcing this Security Instrument.Those conditions are that Borrower: (a) pays Lender all sums
which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys'
fees,property inspection and valuation fees,and other fees incurred for the purpose of protecting
i Lender's interest in the Property and rights under this Security Instrument; and (d) takes such
action as Lender may reasonably require to assure that Lender's interest in the Property and rights
under this Security Instrument, and Borrower's obligation to pay the sums secured by this
Security Instrument, shall continue unchanged. Lender may require that Borrower pay such
reinstatement sums and expenses in one or more of the following forms, as selected by Lender:
(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by
Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as
if no acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under Section I&
20. Sale of Note; Change of Loan Servicer; Notice of Grievance.The Note or a partial
interest in the Note (together with this Security Instrument) can he sold one or more times
without prior notice to Borrower. A sale might result in a change in the entity (known as the
"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument
and performs other mortgage loan servicing obligations under the Note,this Security Instrument,
and Applicable Law.There also might be one or more changes of the Loan Servicer unrelated to a
sale of the Note.If there is a change of the Loan Servicer,Borrower will be given written notice of
the change which will state the name and address of the new Loan Servicer, the address to which
payments should be made and any other information RESPA requires in connection with a notice
of transfer of servicing.If the Note is sold and thereafter the Loan is serviced by a Loan Servicer
other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed
by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as
either an individual litigant or the member of a class) that arises from the other party's actions
pursuant to this Security Instrument or that alleges that the other party has breached any
provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
Lender has notified the other party(with such notice given in compliance with the requirements
of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after
the giving of such notice to take corrective action. If Applicable Law provides a time period
which must elapse before certain action can be taken, that time period will be deemed to be
reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower
pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are
those substances defined as toxic or hazardous substances,pollutants,or wastes by Environmental
Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum
4
lnitiels
(EDm—BIMA)toaon P.a. 12,f 15 Form 3022 1/01
CVMA 06/02/06 12:11 PM 6869390267
1
I
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' Bk 21073 Pg 259 #34946
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws
of the jurisdiction where the Property is located that relate to health, safety or environmental
protection; (c) "Environmental Cleanup" includes any response action, remedial action, or
removal action,as defined in Environmental Law;and (d) an "Environmental Condition" means
a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
Borrower shall not do, nor allow anyone else to do,anything affecting the Property(a) that is in
violation of any Environmental Law, (b) which creates an Environmental Condition, or (c)
which, due to the presence, use, or release of a Hazardous Substance, creates a condition that
adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal residential uses and to maintenance of the
Property(including,but not limited to,hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,
lawsuit or other action by any governmental or regulatory agency or private party involving the
Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge, (b) any Environmental Condition,including but not limited to,any spilling,leaking,
discharge,release or threat of release of any Hazardous Substance,and(c)any condition caused by
the presence, use or release of a Hazardous Substance which adversely affects the value of the
Property.If Borrower learns, or is notified by any governmental or regulatory authority,or any
private party, that any removal or other remediation of any Hazardous Substance affecting the
Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law. Nothing herein shall create any obligation on Lender for an
Environmental Cleanup.
I NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as
follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to
acceleration following Borrower's breach of any covenant or agreement in this Security
Instrument (but not prior to acceleration under Section 18 unless Applicable Law
provides otherwise). The notice shall specify: (a) the default; (b) the action required to
cure the default; (c) a date, not less than 30 days from the date the notice is given to
Borrower,by which the default must be cured;and(d)that failure to cure the default on
or before the date specified in the notice may result in acceleration of the sums secured
by this Security Instrument and sale of the Property. The notice shall further inform
Borrower of the right to reinstate after acceleration and the right to bring a court action
to assert the non-existence of a default or any other defense of Borrower to acceleration
and sale. If the default is not cured on or before the date specified in the notice, Lender
at its option may require immediate payment in full of all sums secured by this Security
Instrument without further demand and may invoke the STATUTORY POWER OF
SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to
collect all expenses incurred in pursuing the remedies provided in this Section 22,
including,but not limited to, reasonable attorneys'fees and costs of title evidence.
If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of
a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the
manner provided by Applicable Law. Lender shall publish the notice of sale, and the
Property shall be sold in the manner prescribed by Appli able Law. Lender or its
Initials-�
i
-6(MA)(0401) P.S. 13 0 15 Form 3022 1/01
CVMA 06/02/06 12:11 PM 6869390267
Bk 21073 Pg 260 #34946
designee may purchase the Property at any sale.The proceeds of the sale shall be applied
in the following order: (a) to all expenses of the sale, including, but not limited to,
reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c)
any excess to the person or persons legally entitled to it.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall
discharge this Security Instrument.Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party
for services rendered and the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower waives all rights of homestead exemption in the Property and
relinquishes all rights of curtesy and dower in the Property.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained
in this Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
- `o� 'eG
(Seal)
-7) IAN J WASSER -Borrower
a
D.� �� >1. (Seal)
SUSAN M OUEALY-WASSER -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(CDM—S(MA)coaou Pae.14 0 15 Form 3022 1/01
j CVMA O6102106 12:11 PM 6869390267
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Bk 21073 Pg 261 #34946
COMMONWEALTH OF MASSACHUSETTS, Hr,4f- AA� County ss:
Hu
On this -1*^ day of �...-r�c� >.O before me,the undersigned notary
public,personally appeared
O.A SW
ved to me
through satisfactory evidence of identification,which was/were
to be the person(s) whose name(s) islare signed on the preceding document,and acknowledged to
me that helshelthey signed it voluntarily for its stated purpose.
My Commission Expires:
Notary Public
yr : w �
••+f to
0.
,� ►0�
Initials:
-8(MA)Ie401) P.9. is 0 is Form 3022 1/01
CVMA 06/02/06 12:11 PM 6869390267
1
Bk 21073 Pg 262 #34946
EDIT A
Tie laud wrth the btLIdngs thereon situated in bat part of Barnstable known as Hyannis,
Ba:-:table County,Massachusetts deschbed as follows:
i
1 LOT 4 on Subdivision Plan of Land in (Hyannis), Bamstable, Massachusetts for LaFleur v
Development Corp.,dated October 1971,and filed with Barnstable County Registry of Deeds in ;n
Plan Book 257,Page 39.
:l
Property Address:28 Janice Lane,Hyannis,Massachusetts. :::
For .iriortg' gors' title, see Deed recorded at the _
Barnstable County Registry of Deeds in Book 17798,
Page 97.
t`
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A
Bk 21073 Pg 263 #34946
LOAN # 6869390267
1-4 FAMILY RIDER
(Assignment of Rents)
THIS 1-4 FAMILY RIDER is made this 7TH day of JUNE, 2006
and is incorporated into and shall be deemed to amend and supplement the Mortgage,
Deed of Trust, or Security Deed (the "Security Instrument') of the same date given by
the undersigned (the "Borrower') to secure Borrower's Note to BANK OF
AMERICA, N.A.
(the "Lender') of the same date and covering the Property described in the Security
Instrument and located at 28 JAN I CE, HYANN I S, MA 02601
(Property Address)
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in
the Security Instrument, Borrower and Lender further covenant and agree as follows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In
addition to the Property described in Security Instrument, the following items now or
hereafter attached to the Property to the extent they are fixtures are added to the
Property description, and shall also constitute the Property covered by the Security
Instrument building materials, appliances and goods of every nature whatsoever now
or hereafter located in, on, or used, or intended to be used in connection with the
Property, including, but not limited to, those for the purposes of supplying or
distributing heating, cooling, electricity, gas, water, air and light, fire prevention and
extinguishing apparatus, security and access control apparatus, plumbing, bath tubs,
water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers,
disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds,
shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached
floor coverings, all of which, including replacements and additions thereto, shall be
deemed to be and remain a part of the Property covered by the Security Instrument
All of the foregoing together with the Property described in the Security Instrument
(or the leasehold estate if the Security Instrument is on a leasehold) are referred to in
this 1-4 Family Rider and the Security Instrument as the "Property."
MULTISTATE 1-4 FAMILY RIDER M57F 06/02106 12:11 PM 6869390267
Page 1 of 4
0)521
BS57R(041 1) VMP Mortgage Solutions, Inc. (80 291
I
Bk 21073 Pg 264 #34946
B. USE OF PROPERTY; COMPLIANCE WITH LAW.f Borrower shall not seek,
agree to or make a change in the use of the Property or its zoning classification,
unless Lender has agreed in writing to the change. Borrower shall comply with all
laws, ordinances, regulations and requirements of any governmental body applicable to
the Property.
C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall
not allow any lien inferior to the Security Instrument to be perfected against the
Property without Lender's prior written permission.
D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss
in addition to the other hazards for which insurance is required by Section 5.
E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted.
F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in
writing, Section 6 concerning Borrower's occupancy of the Property is deleted
G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower
shall assign to Lender all leases of the Property and all security deposits made in
connection with leases of the Property. Upon the assignment, Lender shall have the
right to modify, extend or terminate the existing leases and to execute new leases, in
Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean
"sublease" if the Security Instrument is on a leasehold.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN
POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender
all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents
of the Property are payable. Borrower authorizes Lender or Lender's agents to collect
the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender
or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has
given Borrower notice of default pursuant to Section 22 of the Security Instrument,
and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to
Lender or Lender's agent This assignment of Rents constitutes an absolute assignment
and not an assignment for additional security only.
If Lender gives notice of default to Borrower: (i) all Rents received by Borrower
shall be held by Borrower as trustee for the benefit of Lender only, to be applied to
the sums secured by the Security Instrument; (i€) Lender shall be entitled to collect and
receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the
Property shall pay all Rents due and unpaid to Lender or Lender's agents upon
Lender's written demand to the tenant; (iv) unless applicable law provides otherwise,
all Rents collected by Lender or Lender's agents shall be applied first to the costs of
BS57R(041 1) Page 2 of 4 M57F 06/02/06 12:11'PM 6869390267
,4
8rnA,vJ
1
Bk 21073 Pg 265 #34946
taking control of and managing the Property and collecting the Rents, including, but
not limited to, attorneys fees, receiver's fees, premiums on receiver's bonds, repair
and maintenance costs, insurance premiums, taxes, assessments and other charges on
the Property, and then to the sums secured by the Security Instrument, (v) Lender,
Lender's agents or any judicially appointed receiver shall be liable to account for only
those Rents actually received, and (vi) Lender shall be entitled to have a receiver
appointed to take possession of and manage the Property and collect the Rents and
profits derived from the Property without any showing as to the inadequacy of the
Property as security.
If the Rents of the Property are not sufficient to cover the costs of taking
control of and managing the Property and of collecting the Rents any funds expended
by Lender for such purposes shall become indebtedness of Borrower to Lender
secured by the Security Instrument pursuant to Section 9.
Borrower represents and warrants that Borrower has not executed any prior
assignment of the Rents and has not performed, and will not perform, any act that
would prevent Lender from exercising its rights under this paragraph.
Lender, or Lender's agents or a judicially appointed receiver, shall not be required
to enter upon, take control of or maintain the Property before or after giving notice
of default to Borrower. However, Lender, or Lender's agents or a judicially appointed
receiver, may do so at any time when a default occurs. Any application of Rents shall
not cure or waive any default or invalidate any other right or remedy of Lender. This
assignment of Rents of the Property shall terminate when all the sums secured by the
Security Instrument are paid in full.
I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note
or agreement in which Lender has an interest shall be a breach under the Security
Instrument and Lender may invoke any of the remedies permitted by the Security
Instrument.
I
BS57R(041 1) Page 3 of 4 57F O6/02/06 12:11 PM 6869390267
S �W
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Bk 21073 Pg 266 #34946
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this 1-4 Family Rider.
(Seal)
RRI wAs -Borrower
f (4 1, 1� c (Seal)
SUSAN M OUEALY-WASSER -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
BS57R(041 1) Page 4 of 4 M57F 06/02/06 12:11 PM 6869390267
BARNSTABLE REGISTRY 01 DEEDS
to-7
o(0
t F1HE7p Town of Barnstable
y Regulatory Services
snRNSrASLE,
v MASS. Thomas F. Geiler, Director
s6;q. �0
prEs639. Building Division
Thomas Perry,Building Commissioner
200 Main Street, Hyannis, MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
August 2,2006
Susan Wasser-Quealy
PO Box 1978
43 Forest Glen Road
Hyannis,MA 02601
RE:28,Janice-L�-an H annis
Dear Ms.Wasser-Quealy:
The present tenant of the above referenced property requested a site visit by inspectors from the Electrical,Building,and Heal
Departments of the town.This visit took place on July 26,2006 and several violations were noted which must be addressed.
Electrical:
• receptacles are uncovered and falling into the wall
• panel is not labeled
• fluorescent fixtures are not to code
• service upgrade done without a permit
An electrical permit must be obtained and the wiring code violations rectified.
Building:
• the roof,siding,and windows were changed without a permit and the siding is not fmished
• the basement enclosure was built without a permit
• the kitchen in the basement cannot be there
Building permits must be obtained for the roofing,siding,windows,and enclosure by August 15,2006;a building permit to
remove the kitchen in the basement must be obtained immediately.
Building/Life/Safety:
• the rooms in the basement used for sleeping must be vacated immediately
• carbon monoxide detectors must be installed immediately
• the broken glass in the basement egress window must be repaired immediately
• the escape well in the basement foundation must be brought up to code immediately
• the tripping hazards at the front stairs must be removed immediately
The Health Department will address its concerns separately.
If you have any questions about any of these items please contact this office.
Sincerely,
. ..
SECTION
ON DELIVERY"
■ Complete items 1,2,and 3.Also complete A. ?Sign
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse X ❑Addressee
so that we can return the card to you. B. 1 b Printed Name) C. Date of Delivery
s Attach this card to the back of the mailpiece, v�v�
or on the front if space permits.
D. Is delivery address diftinfifroin item 1? ❑Yes
1. Article Addressed to: 11 If YES,enter delivery address_below- PNe-
UG 9 2r �
p6f 9��
y3 )!?C/ 3. Service Type
,E1:rCertlfled Maly❑Express Mail
Q CD to Q� ❑Registered &4Wum Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfer from service label) a i i
7�04 25<10` 0',002=. 62,28 2696
I
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED,STATES POSTAL SERVICE
First-Class Mail
Postage&Fees Paid
USPS
Permit No.r-10
• Sender: Please print your name, address, and ZIP+4 in this box •
I
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'TD4b�O jF BAR,STABLE
j �tjlZZ> �NG DMSION
ANNIS,MA 02601 '� I
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lii„6ll=11dild
`� p LLli:�ll�� ' ■
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`D Postage $ c)2601 \
pCertified Fee OQ��,, r w
p 'Po n rk
p Return Receipt Fee ---' !I
(Endorsement Required) 4 re
p Restricted Delivery Fee 7 �j
rl (Endorsement Required) Q�
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p Sent To
�._ 2_s r �U--a ------------
S`tieet,Apt.No.; vv ,/'
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7"H1'S YEAR WE'RE 14A VINig IT A T:
1-OYA NiVIS (COL a
UTE 132, YAIViV 5
_ DA : MARC 3, Z00
HA VE A GRE T DISC JOCKEY
(comes 4 prizes woke the night fug!
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1/l7/2006
THE FOLLOWING
IS/ARE THE BEST .
IMAGES FROM POOR
QUALITY ORIGINALS)
I m No& L
77
DATA
w^
c ,
THE COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS.
To: Town of Barnstable /AGUE COP ST
Building Department /: / '0 AU6�6� 2005
200 Main Street
Hyannis MA 02601
Attn: Keeper of Records
Greetings:
You are commanded in the name of The Commonwealth of Massachusetts and
under the provisions of Rule 45 of the Massachusetts Civil Rules of Procedure to appear
before the Barnstable District Court at Barnstable, County of Barnstable, on the 31st day of
August, 2005, 9:00 O'clock in the forenoon, following records in your possession, custody
and control in an action to be tried between Paul D. Lennox, Plaintiff and Brian Jay
Wasser, Defendant, Civil Action No. 0425 CV 0804.
The Documents summoned are:
Building or remodeling permits for 2003, 2004, and 2005 issued to Brian Jay
Wasser, Susan Quealy Wasser, or any other person for properties situated at:
43 Glen Forest Rd, Hyannis
28 Janice Lane, Hyannis
92 Sudbury Lane, Hyannis
If, after a due and diligent search of your records you determine that no such
records exist,bring with you a signed notarized statement to that effect.
Dated at Barnstable
this 121h day of August,2005
do
ohn Josep ydo . Not ublic
My Comm ssion Expires
August 20, 2010 R:
Ask for the Plaintiffs Attorney John Joseph Lydon *; r t arc
508-680-6384 and for Judge Merrick s Civil Session. '
714
h
Return of Service
Barnstable, SS
August 2005
I this day summoned the Keeper of the records for the Building Department for the Town
of Barnstable, to produce the documents subpoenaed at the Court as directed by delivering
to of the Building Department, Town of Barnstable,
200 Main Street, Barnstable MA, a copy of the subpoena together with$ for
attendance fees and travel.
Service and travel
Copy
Paid witness
Motor vehicle
Deputy Sheriff
County of Barnstable
August 2005
�� •, r
��� ,��
����
s
Town of Barnstable
Regulatory Services
9B"R''„ `E ' Thomas F. Geiler,Director
;A. Building Division
Thomas Perry,Building Commissioner
200 Main Street, Hyannis, MA 02601
www.town.barnstable.maxs
Office: 508-862-4038 Fax: 508-790-6230
May 20, 2004
Brian Wasser
43 Forest Glen Rd.
Hyannis, MA 02601
iLRe:'28 Janice Lane,Hyannis
Dear Atty. Wasser:
I am writing to you regarding the above referenced property. It has come to my attention
that the fine, which you appealed,has been paid. While we appreciate your cooperation
with this aspect of the situation, this does not, in any way release you from the need to
revert this property back to a single family home. In order to do this, a building permit
application along with plans for the conversion must be submitted to this office.
Please contact this office by June 1, 2004 to notify us as to your course of action. Failure
to do this shall result in further assessment of daily fines.
Sincerel
omas Perry
Building Commissioner
TP/AW
CERTIFIED MAIL 7002 1000 0005 0781 7921
08/10/2006 09:27 PAGE 1/2
'S i~
ATTORNEY AT LAW
P.O� F"?o:r 1978 0760.1 * (50193) 86' - 9999
I
I�A�S1NItI:.I" Q�OVI✓�R S�?luT
TO: Barnstable Building Division
rAX NO. .(508) 790-6230
i
---- -- - --- - -- _..___...........
----- i
r'TN_ Paul Roma, Local Inspector
ltt>. 28 Janice Lane
yy�
I ))A"I' I): 8/10/06 PAGE I OF
PLEASE SE CALL(50)862-9999 IF'THERE IS A PROBLEM IN RECEPTION
STATEMENT OF CONFIDENTIALITY
This t:resimile transmission contains information from ATT()RN1-*-Y BRIf1.N,JAY WASSEP,.
The information contained is confidential and/or privileged,and it is intended only for the use of
the addressee. Please note tl;al,any disclosure,coIpy=ing;distribution or use of this faxed
information is prohibited. If.you reeeive Phis facsimile in error,pleame notify us immediately by
telephone. 'Thank you.
I
0 8/1 012 0 0 6 W27 PAGE 2!2
i
SRIAN JAY WASSER
ATTORNEY AT LAW
t3, il$ ® iHiya�vrnii�, 1y^A 02�t312 08) 862 - 9999 a liar cl ai a@saisn,��¢n
August 9,2006
Town of Barnstable
Regulatory Services
Building Division
200 Main Street
Hyannis,MA 02601
AT"IN.: Paul Roma,Local.Inspector
Re: 28 Janice Lane,Hyannis
Dear Inspector Roma:
I ant in receipt Today of your letter dated August 2,2006 and delivered August 4,2006.
A time-extension is requested to address all the concerns in your letter as we are experiencing
difficulties with the existing tenants,who no doubt,contacted your office in retaliation against an
imminent eviction. Notices to Quit have already been served and we await the statutory time
period to pursue eviction procedings.
Landlord sent tenants a lengthy list of health,safety and illegal use violations concerning. .
the law and the lease that tenants were ordered to cure immediately. This list was dated August
3,2006.
Please take note that a number of.the items listed in your letter were cured and corrected-
J on or about July 26-28,2006(receptacles found hidden in house were replaced,carbon monoxide
detectors installed,replacement glass for basement window ordered,etc.) based on verbal notice
from the Health Department and as a result of further problems noted by landlord's own personal
follow-up inspection. This was-the first time during this tenancy that any notice was given to
landlord about any issues with or within the house.
Once the problem tenants.have been.removed from the premises,we.expect remediation
will be safer,more efficient,,and more easily effected. Moreover,landlord will be out of town
! until the second week in September which will hinder oversight aril execution of corrections.
After returning from this trip,we would be happy to sit down with you to address remediation of
each of your concerns.
1 will attempt to contact you to discuss this further prior to leaving town.
V cry truly yours,
I r
Brian J. Wasser,Esq.
IL
BRIAN JAY WASSER
ATTORNEY AT LAW
P.O. ]fox Il978 Hyannis, MA 02601 • (508) 862 - 9999 laweRaims@msn.com
21111 �a l,3' E i P' 3: lv I
August 9, 2006
Town of Barnstable U, y I S i C1 - --
Regulatory Services
Building Division
200 Main Street
Hyannis, MA 02601
ATTN.: Paul Roma, Local Inspector
Re: 28 Janice Lane, Hyannis
Dear Inspector Roma:
I am in receipt Today of your letter dated August 2, 2006 and delivered August 4, 2006.
A time-extension is requested to address all the concerns in your letter as we are experiencing
difficulties with the existing tenants, who no doubt, contacted your office in retaliation against an
imminent eviction. Notices to Quit have already been served and we await the statutory time
period to pursue eviction procedings.
Landlord sent tenants a lengthy list of health, safety and illegal use violations concerning
the law and the lease that tenants were ordered to cure immediately. This list was dated August
3, 2006.
Please take note that a number of the items listed in your letter were cured and corrected
on or about July 26-28, 2006 (receptacles found hidden in house were replaced, carbon monoxide
detectors installed, replacement glass for basement window ordered, etc.) based on verbal notice
from the Health Department and as a result of further problems noted by landlord's own personal
follow-up inspection. This was the first time during this tenancy that any notice was given to
landlord about any issues with or within the house.
Once the problem tenants have been removed from the premises, we expect remediation
will be safer, more efficient, and more easily effected. Moreover, landlord will be out of town
until the second week in September which will hinder oversight and execution of corrections.
After returning from this trip, we would be happy to sit down with you to address remediation of
each of your concerns.
I will attempt to contact you to discuss this further prior to leaving town.
Very truly yours,
Brian J. Wasser, Esq.
Town of Barnstable *Permit it 6
(a
Expires 6 months from issue date
Regulatory Services Fee 2i S
X-PRESS°.PER& 7 s F.Geiler,Director
Building Division
S E P 1 9 20 5m Perry,CBO, Building Commissioner
TOW 06 ,ain M Street,Hyannis, A 02601
N OF BARNSTAtown.barnstable.ma.us
office: 508-862-4038 Fax: 508-790-6230
EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY
Not Valid without Red X-Press Imprint
/parcel Number ✓d� Z C
�erty Address q 45 /V �C 6 LAY b
[residential Value of Work? 5' Q 0 y Minimum fee of$25.00 fo ork under$6000.00
aer's Name&Address
9� rC)1zE5- G1,45:/V VIP. • #-0101I5- eMll
CP — /I -M
itractor s Nam Telephone Number
� .Sze -3G7-238 9
me Improvement Contractor License#(if applicable)
tructluilr UpMrvism'
Workman's Compensation Insurance
Check one:
❑ I am a sole proprietor -�
am the Homeowner
❑ I have Worker's Compensation Insurance
urance Company Name - =
)rkman's Comp.Policy#
py of Insurance Compliance Certificate must be on file.
E
i
mut Request(check box) f-
R#- o�c
of(stripping old shingles) All construction debris be taken to D��P
ef t stripping. Going over existing layers of roof]
;'k�eplacement
LW- �
Windows/doors/sliders. U-Value (maximum.44)
'Where required: issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc.
***Note: Property Owner must sign Property Owner Letter of Permission.
A cop a Home Improvement Co ctoors Licens is
required.
GNATURE: ! f b
?orms:expmtrg
vise061306
i
Department oflridustrial Accidents '
: Office.of Investigations-
600 Washington Street
Boston,MA 02111
www massgov/dia -
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Print Legibly
,,Tame(Business/0rpnization/Ii&,vidual):
Address:
City/State/Zip: " Phone#•
►re you Rn employer?Check the-appropriate boa:: Type of project(required):
❑ I am a employer with' 4. ❑ I am a general contractor and I
employees(full'and/or part-time).* have hired the sub-contractors 6• ❑New construction
0 I am a sole proprietor or pmtuer listed on the attached sheet t 7. 0 Remodeling
ship and have no employees These sub-contractors have 8. ❑ Demolition
worlang for me in any capacity. workers' comp,insurance 9, ❑ Budding addition
[No workers' comp.insurance 5. ❑ We area corporation and its
officers have exercised their 10.7 Electrical repairs or-additions
NJ I am a.homeowner we / right of exemption per MGL IL D Plumbing repairs or additions '
✓�. yc. 152,§1(4),and we have no 12.❑ Roof repairs
�� 3� erimployees. [No workers,-
e 9 ce required.] ❑
P�1' � /°S comp.inc»,ar 13. Other
Ely 8.Ppli=tftMff4abWWi must wisp fill out the sectioa.below showing their workers'compensation policy information:
iomeowners who submitthis affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such
mtractors thatcheckthis box must attached as additional sheet showing the name of the sub•contrabtors and their workers'comp,policy information. -
m an employer that is providing workers'compensation insurance for my employees'Below is the policy and job site
Formation,
urande-Comp any Name:
)icy•#or Self-ins.Lie...#: Expiration Date;
b Site City/State/Zip-
tachip:
tack a copy of the Workers' compensation policy declaration page(showing the policy number and eapiration date).
ilure to.secure coverage as required under Section 25A of MGL e. 152 cam:lead to the imposition ofcriminalpenalties of a
e up to$1,SOO,OQ and/or one-year inYprisonment; as well as civil penalties in ffie form of a STOP-WORK ORDER and a fine.
up to$250.00 a day against the violator. Be advised that a.copy of this statement maybe forvv'arded to the Office of
restigations of the DIA for insurance coverage verification.
`o hereby certify under a pains and penalties of perjury that the information provided above is tme and correct
mature:
one#:.
Official use only. Do not write in this area,to be completed by city,or town official
City or Town: Permit/License# .
Issuing Authority(circle one):
1.Board of Health L.Building Department 3.'City/Town Clerk 4.Electrical Insp
6. Other ector'S.Plumbing Inspector
Contact Person Phone#:
r
Information and. Instructions
fassachusetts.General Laws chapter 152 fequires all employers to provide workers' compensation for their employees.
employee is defined as"..•every person in the service-of another under any contract of hire,
arsuant to this statute;an
xpresS or implied,oral or written."
artners ,:association,corporation or other legal entity, or any two or more
�n employer is defined as•.`.as mdivid�al,p • P • • • ` ' to er or the
f the foregoing-engaged in a joint enterprise, and including the legal representatives of a deceased emp y
eeeiver or trustee of an individual,Partnership,association or other legal entity,employing employees. HDwtv,.er:the•
.weer of a dwelling house having not more than three apartments and who resides therein, or.the occupant of the
welling house of another who employs persons to do maintenance, construction or repair work-on such dwelling house
IT on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer."
vIGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or
enewal 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."
4dditionany,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its-political subdivisions shall
;liter into any contract for the performance of public work until acceptable.evidence.of compliance with the insurance
ter havebeen contracting authority."
eguirements of this chap Presented bo the
4pplicants
Please fin out the workers' co4ensation affidavit completely,by checking the boxes that apply to your situation and,if•
necessary,supply sub-contractors)name(s),address(es) and phone ni mber(s)along with their certifieate(s) of
insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(L•LP)with no employees other than the
members orpartners; are notrequired 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 flee permit or license is being requested,not the Department of
Industrial Accidents. Should ydu 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 lime.
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 pennit/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"'tlie applicant should write"all locations in (city or
town)."A copy-of tlie:affidavit that has been officially stamped or marked by the city'or town may be provided to the
applicant as proof that•a valid a�fidavitis-on-file for:future permits.or•licemes..Anew affidavitmustbe filled out each
year.where a home owner or citizen is obtaining a license or permit not fdated to any business or commercial venture
(Le. 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 corporation and should you,have any questions,
please do not hesitate trs give us a call.
The Department's address,telephone and fax member: '
The Commonwealth of Massachusetts .
- - peparttnent of Indub is.Accidents . . .. - '. .
>: ..Office gf Investigations
-600 Washington Street
4
Boston,MA 0211L
Tel.#617-727-4900 ext 406 or•1-877-MASSAFE
Fax#617-7274749 .
evised 5-26-05 www-lrnass.gov/44
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Parcel Detail Page 1 of 3
TAUU
3' "NAAS3 t.r
Logged In As: Wednesday, Septemb,
Nancy Larned Parcel Detail
Parcel Lookup
Parcel Info
� Developer
Parcel ID F 307-274 I Lot�LOT 4
Location 28 JANICE LANE � _ I Pri Frontage 20
Sec Road j Sec
Frontage!
Village HYANNIS ._I Fire District s HYANNIS
Sewer Acct Road Index 10791
Interactive y
Map
Owner Info
Owner QUEALY-WASSER, SUSANW _�....,� Co-Owner_.______ _���.___._.____...
Streetl PO BOX 1978 street2 ___
City HYANNIS State MA zip 02601 Country
Land Info _
Acres 0.22 Use Single Fam MDL-01 zoning jR6� - � Nghbd 12105
Topography!Level _.,.�,�.-..v....,.,.�..� � Road Paved
Utilities Public Water,Gas,Septic Location
Construction Info
Building 1 of 1
1973 Gable/Hip Mood Shingle
Year _— SRoo '_-_____ _.._� WExt
all,_-___ g
Built J
Effect�825 I Roof}Ash�F GIs/ AC t None I
Area I ' Cover Type I
Style Cape Cod �I wnt Bed
all;Drywall Rooms(4 Bedrooms
Model Residential Int " " Bath r2 Full
Floor Rooms
Grade Average Heat;Hot Water I Total 1 6 Rooms
Type' Rooms
http://issql/intranet/propdata/ParcelDetail.aspx?ID=24811 9/20/2006
Parcel Detail Page 2 of 3
Heat Found- '
Stories 11 1/2 Stories Fuel Gas ation Poured Conc.
� Permit History-.....___- - 1�°"��►� _M
Issue Date Purpose Permit# Amount Insp Date Comments
Visit History
Date Who Purpose
3/12/2002 12:00:00 AM Paul Talbot Meas/Listed
6/15/1988 12:00:00 AM ML
Sales History _
Line Sale Date Owner Book/Page Sale P
1 1/29/2003 QUEALY-WASSER, SUSAN 16316/119
2 4/12/2001 RODRIGUES, JOSE LIDIO & 13723/274
3 4/11/1980 THORENSEN, KRISTINE J 3098/125
Assessment History
Save# Year Building Value XF Value OB Value Land Value Total Parc(
1 2006 $130,400 $2,400 $0 $142,300
2 2005 $124,000 $2,400 $0 $108,300
3 2004 $103,400 $2,600 $0 $76,500
4 2003 $92,200 $2,600 $0 $28,800
5 2002 $91,800 $2,600 $0 $28,800
6 2001 $91,800 $2,700 $0 $28,800
7 2000 $67,400 $2,500 $0 $24,400
8 1999 $67,400 $2,500 $0 $24,400
9 1998 $67,400 $2,500 $0 $24,400
10 1997 $68,200 $0 $0 $21,300
11 1996 $68,200 $0 $0 $21,300
12 1995 $68,200 $0 $0 $21,300
13 1994 $68,800 $0 $0 $24,700
14 1993 $68,800 $0 $0 $24,700
15 1992 $78,500 $0 $0 $27,400
http://issql/intranet/propdata/ParcelDetail.aspx?ID=24811 9/20/2006
Parcel Detail Page 3 of 3
16 1991 $96,500 $0 $0 $39,600
17 1990 $96,500 $0 $0 $39,600
18 1989 $96,500 $0 $0 $39,600
19 1988 $58,600 $0 $0 $24,500
20 1987 $58,600 $0 $0 $24,500
21 1986 $58,600 $0 $0 $24,500
Photos
http://issql/intranet/propdata/ParcelDetail.aspx?ID=24811 9/20/2006
i ®projectMAI
File edit fools .Help
Action
.............. l _
Detail i Application 20063347 +1 Applicant OWN PROPERTY OWNER
.............. ........
Collect Status COMPLETE Owner 252612'.. i
' Department 16300•BUILDING DEPARTMENT
QUEALY WASSER,SUSAN
Close/Deny
Project/Activity 1448-ROOF-RESIDENTIAL Contractor
i +�Jorkflow Description 1 IWIDOWS,RE-ROOF STRIPPING OLD,RESIDE Business
Description 2
QarkinglMisc -- _
Qroperty Propert - I I
ylUse Non-ConformingDateslMisc Permits
Property Property Use
I 3eactivate
Location 1 28 F Unit F_ Existing use 1010-SINGLE FAM'
6djust Fees Street IJANICE LANE zoning JR13 RESID RB J
Escrow Parcel 307274 memo
Municipality HYAN-HYANNIS ZJ
Misc Chgs
Subdivision/lot
Between Proposed use 1010-SINGLE FAMI
Paymt History `
zoning RB•RESID RB '
and
Location desc LOT 4 memo
Audit History
Summ Permit
Plan Review Prerequisites Hazrd/Restr Names (( Bonds �; SubAddrs Text
I' ( _
Prior History Inspections Violations Reviews "f� Open Items 0 Warnings Find Related
21 21J__#_&j JEJ
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� i
I
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Action
. . ..Deta j Application 41501 +1
................... Applicant
Collect Status C ICOMPLETE J I'—
O wner - --- 252612 ..,
Department 16300.BUILDING DEPARTMENT QUEALY WASSER,SUSAN
Close/Deny Project/Activity 754-HOME OCCUPATION
' Contractor 1CONTRACTOR UNKNOWN
j Workflow Description 1 ICOMPUTER REPAIR/NETWORKING Business
ParkinglM isc Description 2
Qroperty Property/Use I Non-Conforming DateslMisc Permits I
Property Property Use
Reactivate
Location 28 F— Unit r Existing use 1010•SINGLE FAM
Adjust Fees Street IJANICE LANE zoning RB RESID RB
Parcel 307274
Escrow memo
j Municipality HYAN .HYANNIS
Misc Chgs Subdivisionllot -
Proposed use 1010.SINGLE FAM
Eaymt History Between
- - zoning RB -RESID RB
and
Audit History memo
Location desc �
Summ Permit
,I
Copy APp
Prerequisites HazrdlRestr Names Bonds SubAddrs Text p
iPlan Review ti -
Prior History Inspections f�+ Violations Reviews 99 Open Items Q Warnings f0 Find Related
11 1 2 of 3 .-J 21►
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_1
Pile Edit Tools Help
Action
.........petal..........f
Application 166605 +1 Applicant
Collect Status IC ICOMPLETE Owner r 252612 ... r
Department 6300-BUILDING DEPARTMENT QUEALY-WASSER,SUSAN
Close/De Project/Activity 1800-ELECTRIC RES.ADD/ALTER
T Contractor JAMES ELECTRIC CO.,INC.
Workflow Description 1 IWIRE SEPTIC PUMP CK 1370 Business
ParkinglMisc Description 2
Property
PropedylUse I Non-Conforming I Dates/Misc I Permits I
3eactivate r
Property Property Use
Location 28 F_ Unit I - Existing use 1010-SINGLE FAM
8djust Fees Street JANIC_EL ANE zoning JAB-RESID RB
Escrow Parcel 1307274 memo
Municipality HYAN-HYANNIS
Misc Chgs Subdivision/lot �r
T Proposed use 1010-SINGLE FAM
Paymt History Between
and zoning RB -RESID RB
Audit History Location desc memo
Summ Permit
Copy App
Plan Review Prerequisites Hazrd/Restr ( Names Bonds Qi; Sub-Addrs Text
23 Prior History ( Inspections Violations Reviews Open Items Warnings f� Find Related
14 4 I 3 of 3 ► I 2� � 1 ;_
Maintain project/activity detail for the current application.
The Town of Barnstable1���
Department of Health, Safety and Environmental Services
= . WOUBM ; Building Division
h� 367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph IvLCrossen
Fax: 508-790-6230 Building Commissioner
Home Occupation Registration
Date:
Name: L •�-2 LCZ�ua��a� Phone#: 5 a 7`/O
Address: L/1 lY rot SI 'S Village: r
Type of Business: AA avLag,( - riT'A MavWt: 3 o 7 2 2
INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation
within single family dwellings,subject to the provisions of Section 4.1.4 of the 7Aming ordinance,provided that the
activity shall not be discernible from outside the dwelling: then shall be no increase in noise or odor,no visual
alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal
residential volumes;and no increase in air or groundwater pollution.
After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the
following conditions:
• The activity is carried on by the permanent resident of a single family residential dwelling unit,located
within that dwelling unit.
• Such use occupies no more than 400 square feet of space.
• There are no external alterations to the dwellingwhich are not customary in residential b ildings,and
there is no outside evidence of such use.
• No traffic will be generated in excess of normal residential voltzmes.
• The use does not involve the production of offensive noise,vibration,smoke,dust or other particular
matter,odors,electrical disturbance,heat,glare,humidity or other objectionable effects.
• There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess
of normal household quantities.
• Any need for parking generated by such use shall be met on the same lot containing the Customary Home
Occupation,and not within the required front yard.
• There is no exterior storage or display of materials or equipment.
• There is no commercial vehicles related to the Customary Home Occupation,other than one van or one
pickup truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and.not to
exceed 4 tires,panted on the same lot containing the Customary Home Occupation.
• No sign shall be displayed indicating the Customary Home Oc upatiom
• If the Customary Home Occupation is listed or advertised as a business,the street address shall not be
included.
• No person shall be employed in the Customary Home Occupation who is not a permanent resident of the
dwelling unit.
I,the undersigned,have read and agree with the above restrictions for my home occupation I am registering.
Applic a=--L A�IDate:
17
Homcoc.doc
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Pt
/04/2006 TOWN OF BARNSTABLE PG 1
: 11 DB APPLICATION PROFILE piappent
NERAL APPLICATION
-----------------
Application ref 66605
Department BUILDING DEPARTMENT
Location 28 JANICE LANE
Parcel 307274
Cross streets
Add' 1 loc desc
Municipality HYANNIS
Subdivision Lot
Existing use SINGLE FAMILY HOME
memo
Current Zoning RESIDENCE B DISTRICT ;.
Applicant "
Proj/Activity ELECTRIC RES . ADD/ALTER
Class of work OTHER ATRUE,COPY ATTEST'
Description WIRE SEPTIC PUMP CK 1370
Proposed use SINGLE FAMILY HOME
memo
Proposed zoning RESIDENCE B DISTRICT Town Clerk
Non-conforming N BARNSTABL
Applic received 01/24/03
Estimated cost 0
Estim start/end 01/24/03 '
Actual start/end 01/24/03
Impervious Surf
Status COMPLETE
Status code desc CLOSED APPLICATION Multiple submissions N
Next action Government owned N
memo
Ordinance ref
Reason for app
Parent app
LES/NAMES
Role Name/Address
PROPERTY OWNER QUEALY-WASSER, SUSAN
PO BOX 1978
HYANNIS, MA 02601
GENERAL CONTRACTOR AMES ELECTRIC CO. , INC.
4650 ROUTE 28
Phone: (508).428-6032 COTUIT, MA 02635
Tradesman Name Lic Type License number Class Expires
AMES ELECTRIC CO. , INC. A13217
RMITS
Type Permit Number Status Issued Fee Unpaid Amt
RES ELEC 66605 ISSUED 01/24/03 25 . 00 . 00
k
/04/2006 TOWN OF BARNSTABLE PG 2
: 11 DE APPLICATION PROFILE piappent
Application ref : 66605 (continued)
3PECTIONS
Type Requested Scheduled Insptr Permformd Results Bal Due
EFINAL #1 01/24/03 12 : 00 WAMA 01/24/03 PASS . 00
** END OF REPORT - GENERATED BY BARROWS DEBRA **
f '
16/2011 13:02 (508)862-9999 Wasser Firm, Page 1/1
March 16, 201.1.
Town of Barnstable
Building Division
200 Main Street
Hyannis, MA 02601
Attn..: Jeffrey L. Lauzon, Local Inspector
Faxed To: (508) 790-6230 -
k
Re: 28 Janice
Dear Mr, Lauzon: '
Existing tenants in the above-referenced property are required to vacate pursuant ti
00
to order of the District Court by the end of April. Currently,there are no occupants using
the lower-level of this property. r
Owners would like to make the property available, in its entirety,for new tenants
as early as May 1,2011. However,the "existing, non-conforming" status of the lower
level remains an outstanding issue.
Therefore, we seek written confirmation of this status from the Building Dept.
such that no changes need be made to the lower level of this property as well as
certification that one of the lower level rooms qualifies as a legal bedroom.
If a new inspection is desired before,making a final written determination;please
do not hesitate to contact me to arrange for same.
Thank you.
Respectfully,
Brian Wasser
Tel. (774) 238-0090
Fax. (508) 862-9399
t �
16/2011 13:01 (508)862-9999 Wasser Firm Page 1/1
March. 16, 201.1: y;
Town.of Barnstable - -
Building Division
200 Main Street.
Hyannis, MA 02601
Attn.: Robin C. Anderson, Zoning Enforcement Officer
Faxed To: (508) 790-6230
yy
CD
Re: 28 Janice
Dear Officer Anderson:
Existing tenants in.the above-referenced property are required to vacate pursuant
to order of th.e District Court by the end of April. Currently,there are no occupants using
the lower level of this property.
As a courtesy to you and your department, owners promised not to permit any.
new occupants to sleep in the lower level unless and until you were provided with an
opportunity to inspect same to your satisfaction.
As oAmers would like to.make the property available to new tenants as early as
May 1., 2011,we are pleased to extend.to you this opportunity to so inspect.
Additionally, we are requesting your department's written approval of the property's
condition.
Please feel free to contact me at your earliest convenience to schedule this
inspection. Thank you.
Respectfully, -
Woole�
Brian Wasser
Tel. (774) 238-0090
Fax. (508) 862-9399
f �/� a �� P- 1.'/ .n'.•`•,.. +s v. e..w... .+`p 'h t' q. .ate w;.. i��.aN v�4a.�"@Lb'�am'!r�� mi�ti9
.a.�) ¢'..aw.•wy. ,y„'.,f-,a w„+. �.. �':: wy. f .... aic... .•"!�`. V _ �'..
Town of Barnstable
Building Division
200 Main Street
Hyannis, MA 02601
Attn.: Mr. Lauzon
i z.LQs"�'°-''trS.l�-:. It llt!l19lt���!.l�� iil!ll.11111l���t.11�It!!lC�l.i.l�t!l11ltlt!l�.t!
if ii i 'fit fi iiff it! Fiff.f.f if eif ffif if
August 18, 2010
Town of Barnstable
Building Division
200 Main Street
Hyannis,MA 02601
Attn.: Mr. Lauzon
Re: 28 Janice
Dear Jeffery L. Lauzon, Inspector:
This is a follow up to our letter of August 10, 2010.
After speaking with the Commonwealth Dept. of Public Safety, there seems to be
a consensus that the above referenced property, due to its age, is most likely"existing
nonconforming."
Should the Town of Barnstable Building Dept. still have reservations upon
consideration of this classification, or if it has any further concerns about any other aspect
of this property, please advise us with reference to specific Code provisions.
Rest assured that whatever the ultimate determination may be, owner is fully
committed to making things right and ensuring the property is in proper compliance.
Notwithstanding the above,we will follow up with the Building Dept. after the
problem tenant vacates and before permitting any further occupation of the basement
level of this property.
RFfitfull --
Brian Wasser
1_