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HomeMy WebLinkAbout0187 LOCUST STREET �� � � �- �� �. �_ �, t 1� � -__ 6 wr �� � �� � � t �,. .:t�� ar; (� —��` r �� I I ,,� ki.� � � - '�, � ' �� ��., � ,� i r i �� `��� a ��� .L �� f oFt�ram, Town of Barnstable CAB . # Regulatory Services 9`b1639. ��� � Thomas F. Geiler,Director RFD MA'S A Building Division Thomas Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 Febuary 4, 2009 Mr. Cornelius Trowbridge 187 Locust Street Hyannis MA 02601 Illegal Apartment: 187 Locust Street Centerville MA 02632 Map: 310 Parcel: 129 Dear Property Owner, Our records indicate that your house at the above-referenced location is currently being used for more multi-family units than allowed, which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which may result in a criminal record. The property you purchased is a single family home with an illegal, intermitted apartment. The former Amnesty Apartment Comprehensive Permit was for the former owner and does not pass to a new owner unless condition number 12 of the Comprehensive Permit is followed. When we spoke relative to this matter last November, I explained this to you and you were going to apply the Amnesty Program. We have not heard from you and this problem must be solved. You must contact this office within 14 days to discuss this matter. Linda Edson Amnesty Apartment Investigator Building Department gforms:zoning3 Amnesty Apartments Last Name CORCORAN c First Name ELAINE E. 2nd Owner � � ( 2nd Owner 7. � 4 _..M Last Name First Name Map Parcel 1310129 Property No 187 ` Property Street LOCUST STREET Village HYANNIS ,State MA ^ Zip 02601 Status . Rescinded/Revoked Action Required Enforcement i Assessors Use Group Single Family ; Comp Per Issue r 10/14/2005; Recorded Date 11/7/2005' Application# 88447 Permit Issued: 11/17/2005; C of C Total 1' Program Total 1 Descripton STUDIO, 1 PERSON,EXISTING,ATTACHED Cert of Occupancy Issued: 11/29/2005` Cert of Compliance Issued 12/12/2005 Notes 12/8/08 LE: PROPERTY HAS BEEN SOLD SENT EMAIL TO AMNESTY. 12/10/08 LE CALLED NEW OWNER,WANTS TO BE IN AMNESTY,WILL CALL CINDY. LE WILL FOLLOW, 1/27/09 LE CONTACTED CINDY AGAIN. 2/18/09 CINDY HAS STARTED PROCESS TO RESCIND,ON 4/09 HEARING. 4/8/09 BLDG/GMD MEETING: RESCIND,ROBIN WILL ENFORCE. REC.D RESCIND DECISION 5/26/09, RECORDED 5/21/09. 2/24/10 LE:OWNER HAS PD A TICKET, IS NOT RESPONSIVE, DISCUSS AT NEXT AMN/BLDG MEETING, 6/2/10 MTG:LE_WROTE TICKET WASrP_AI.D.;SHErWIL--L—DISC—USS-WIT-H TP:.� NAME OF OFFENDER B wH R 80016 TOWN OF ADDRESS OFOFFENDER BARNSTABLE CIT1,R SITATE.ZIP CODE� DATE OF B T.H 0 0 ENDER A)u/.S A4 �IHE►Ok, MV OPEPATOR LICENSE NUMBER MV/MBIREGISTRATION NUMBER RAN XI.i; OFFEN5OFFENSE; Uj f ' -�{' /��ASS CL fD IAK� I.A1.1 ('t4I (a 4,44/ 14- 9 -/fill/./ !,! LU TIME"AND DATE OF VIOLATION i' r �, LOCATION OF V17ATION / W NOTICE OF /ry7 (A.M./ P.M.)ON—//�?�-,� 20 G / , c r� -� X-lG�>I Aj/it � Uj SI ATUREAF�EN'f-0 PERSON � `�� ENFORC DEPT� B,(!yr( DGEN0. N VIOLATION \\YM 1lY 0 OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE Unable to obtain signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS ORLU Date mailedLLJ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. tw REGULATION (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 exceppted, W before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. n. (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:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay an fine determined at the Y 1 hearing to be due,criminal complaint may be Issued against you. �`� ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature Violation History AcctNo 253112 Trowbridge,Cornelius 02-22-2010 187 Locust Street Hyannis' .Issue Date BAR No Fine Date Paid . Amt Paid Dlsp Total Due Notice2 Final Hearing Arraign Offense 12-07-2009. 80016 100.00 01-04-2010 100.00 Paid 0.00 Having a multi-family home ina single family zone. 100.00 100.00 0.00 Parcel Detail Page 1 of 3 00 HE r 6,P--Vt �g t r EfAPi.TaS`CAlflLE �� .,. �. � �-e•�« `"-�.w � ��+rl+r� ei!✓ pe `rJ NIASS, er Logged In As: Parcel Detail Monday, December 7 2009 Parcel Lookup Parcel Info Parcel ID 310-129 I Dv LotLOT 11 BLOCK B Location 1187 LOCUST STREET I Pri Frontage 1187 Sec Road I Sec Frontage village!HYANNIS I Fire District IHYYAAN_NIS I Sewer Acct 4218 I Road Index 0908 I Asbuilt Septic Scan: Interactive 310129_1 Map _- Owner Info Owner TR BRIDGE, CORN ELIUS MILLER III Co-owner Streets ;PO BOX 305 I Street2 i city iW BARNSTABLE State MA zi 02668 Country USA -_ Land Info _ Acres 10.18 Use Single Fam M6L-01 I zoning �RB Nghbd 0105 Topography Level Road rPaved Utilities JAH Public I Location - Construction Info Building 1 of 1 Year 1931 ���) Roof�Gable/Hip _I Ext Wood Shingle I IBuilt I Struct I Wall Effect 1964 I Roof IAsph/F GIs/Cmp I Ac None I I Areal covert Types style Ranch Int I U Wall Bed !!B Bedrooms I Wall —ry------ I Rooms Model IResidential I Bath Floor Rooms�2 FUII I I I Total Grade Average Minus I Type Hot Water ( Rooms F8 Rooms http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=25678 12/7/2009 Parcel Detail Page 2 of 3 MT[31r2j r Stories 1f Story I Fuel I Heat rO11 Found- onc. Block " MI ation q 14 . A, , Permit History Issue Date Purpose Permit# Amount Insp Date Comments 11/17/2005 Other 88447 03/30/2006 00:00:00 X-APT I - Visit History Date Who Purpose 11/21/2008 00:00:00 Michele Arigo Change of Address 11/17/2008 00:00:00 Denise Radley In Office Review 05/30/2003 00:00:00 Paul Talbot Meas/Est 03/15/2001 00:00:00 Paul Talbot Meas/Listed-Interior Access 09/15/1987 00:00:00 ML' Sales History Line Sale Date Owner Book/Page Sale Price 1 11/14/2008 TROWBRIDGE, CORNELIUS MILLER III 23267/329 $141,050 2 05/25/2000 CORCORAN, ELAINE E 13029/326 $0 3 09/10/1971 CORCORAN, WILLIAM J III & ELAINE E 1526/1050 1 $10'000jj Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parcel Value 1 2009 $125,600 $6,400 $400 $134,500 $266,900 2 2008 $146,200 $6,400 $400 $140,100 $293,100 4 2007 $146,100 $6,400 $400 $140,100 $293,000 5 2006 $132,400 $0 $400 $141,500 $274,300 6 2005 $114,900 $0 $400 $143,700 $259,000 7 2004 $93,000 $0 $400 $125,000 $218,400 8 2003 $81,100 $0 $400 $34,600 $116,100 9 2002 $81,100 $0 $400 $34,600 $116,100 10 2001 $81,100 $0 $0 $34,600 $115,700 11 2000 $78,300 $0 $0 $20,700 $99,000 12 1999 $78,300 $0 $0 $20,700 $99,000 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=25678 12/7/2009 Parcel Detail Page 3 of 3 13 1998 $78,300 $0 $0 $20,700 $99,000 14 1997 $73,700 $0 $0 $17,700 $91,400 15 1996 $73,700 $0 $0 $17,700 $91,400 16 1995 $73,700 $0 $0 $17,700 $91,400 17 1994 $65,600 $0 $0 $21,300 $86,900 18 1993 $65,600 $0 $0 $21,300 $86,900 19 1992 $74,300 $0 $0 $23,600 $97,900 20 1991 $90,000 $0 $0 $38,400 $128,400 21 1990 $90,000 $0 $0 $38,400 $128,400 22 1989 $90,000 $0 $0 $38,400 $128,400 23 1988 $70,300 $0 $0 $15,800 $87,000 24 1987 $70,300 $0 $0 $15,800 $87,000 25 1986 $70,300 $0 $0 $15,800 $87,000 Photos http://issgl2/intranet/propdata/ParceiDetail.aspx?ID=25678 12/7/2009 ��u�'�� >�I, 23723 Ps I.91 F'THE Tp _ L eniu+sr"t.e. T E nose p�FD/APB Town of Barnstable '09 APR 17 A :33 Zoning Board of Appeals Rescind Notice and Decision Comprehensive Permit No. 2009-013 Summary .Comprehensive Permit No. 2005-084 is Rescinded Applicant: Elaine E. Corcoran Property Address: 187 Locust St, Hyannis, MA Assessor's Map/Parcel: Map 310, Parcel 129 Zoning: RB Zoning District Recording Information: Deed Reference: Book 1526 Page 1050 Permit Reference Book 20449 Page 11 Background: , On November 4, 2005, the Town of Barnstable, Zoning Board of Appeals Hearing Office issued Comprehensive Permit No. 2005-084 to Elaine E. Corcoran for property she owned at 187 Locust St Hyannis, MA. The Permit was issued pursuant to the Town's "Accessory Affordable Housing Program", Article II of Chapter 9 of the General Ordinances. The Permit authorized Ms. Corcoran to develop an accessory 400 sq.ft., studio affordable apartment unit attached to the existing single-family dwelling. The Permit was issued pursuant to MGL Chapter 40B restricting the unit to affordable rental unit to income qualified households only. A duly executed Regulatory Agreement and Declaration of Restrictive Covenants, along with the Comprehensive Permit were recorded at the Barnstable Registry of Deeds on November, 07, 2005 in Book 20449, Page 11. On September 5, 2008, the 187 Locust St Hyannis MA property was sold at Public Auction. As Comprehensive Permit No. 2005-084 was issued to Ms. Corcoran and is restricted to the applicant only and nontransferable, this action to rescind the permit was taken. Procedural & Hearing Summary: A public hearing to rescind Comprehensive Permit No. 2005-084 was duly advertised and notice sent to abutting property owners all in accordance with MGL Chapter 40A. The notice was published in the Barnstable Patriot on February 27, 2009 and March 3, 2009. The Public Hearing to rescind the Permit was opened on March 25, 2009 at which time the Hearing Officer ruled to rescind Comprehensive Permit No. 20057084. Findings of Fact: At the hearing on February 25, 2009 the Zoning Board of Appeals Hearing Officer made the following findings of fact: Town of Barnstable,Zoning Board of Appeals ` Decision and Notice to rescind Comprehensive permit No.2005-084—Elaine E.Corcoran 1. On November 4, 2005, Comprehensive Permit No. 2005-084 was issued to Elaine E. Corcoran for property at 187 Locust St, Hyannis, MA. The Permit was issued pursuant to the Town's "Accessory Affordable Housing Program"; Article H of Chapter 9 of the General Ordinances. That Article requires the principal residence to be owner occupied and restricted the permit to the applicant only. The permits are nontransferable without permission form the Hearing Officer by way of a new public hearing. 2. Comprehensive Permit No. 2005-084 authorized Ms. Corcoran to develop an accessory 400 sq.ft. studio affordable apartment unit attached to the existing single-family dwelling. 3. A duly executed Regulatory Agreement and Declaration of Restrictive Covenants, along with the Comprehensive Permit were recorded at the Barnstable Registry of Deeds on November 07, 2005 in Book 20449 and Page 11. 4. On February 23, 2007, the 187 Locust St Hyannis property was sold or transferred to a Cornelius Miller Trowbridge.IIL As Comprehensive Permit No. 2005-084 was issued to Ms. Corcoran and is restricted to the applicant only and nontransferable, this action to rescind the permit is being taken. - Ruling: Based upon the findings the Hearing Officer ruled that Comprehensive Permit No. 2005-084, issued to Ms Corcoran is rescinded and the Permit no longer valid. Ordered: Comprehensive Permit No. 2005-084 is null and void. The property at 187 Locust Street; Hyannis, MA is to be restored to and used only as one, single-family dwelling as permitted as- of-right within the Residence RB Zoning District. A building permit is required to restore the property to a single-family use. The Building Division will take all action necessary to assure compliance with zoning. A written copy of this Rescind Notice shall be forwarded to the Zoning Board of Appeal as required by the Town's Administrative Code Chapter 241, Section 11 of the Code of the Town of Barnstable. If after fourteen (14) days from that transmittal and the Members of the Zoning Board of Appeals takes no action to reverse this action, this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Appeals of the decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the Town Clerk's Office. . I, Laura F. Shufelt, as Hearing Officer for the Zoning Board of Appeals certify that a copy of this decision was transmitted to the Members,of the Zoning Board on April 1, 2009 and that 14 days have elapsed with no action taken by any member of the Board to reverse the decision. Sh Laura F. Shufelt, Heanng Officer Date Signed 2 r Town of Barnstable,Zoning Board of Appeals Decision and Notice to rescind Comprehensive Permit No.,2005-084—Elaine E.Corcoran I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County,Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. i Signed and sealed this IL day"of- %Ce�r e ��� ` ndert-he paid aid enalties of perj�ary. � kv Linda Hutchenrider, Town Clerk ` r 3 OF I E lQ� Town of Barnstable •ARNSTABLE. Regulatory Services 9`b . s � � Thomas F. Geiler, Director ATFp�.� Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 Febuary 4, 2009 Mr. Cornelius e Trowbridg 187 Locust Street Hyannis MA 02601 Illegal Apartment: 187 Locust Street Centerville MA 02632 Map: 310 Parcel: 129 Dear Property Owner, Our records indicate that your house at the above-referenced location is currently being used for more multi-family units than allowed,which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which may result in a criminal record. The property you purchased is a single family home with an illegal, intermitted apartment. The former Amnesty Apartment Comprehensive Permit was for the former owner and does not pass to a new owner unless condition number 12 of the Comprehensive Permit is followed. When we spoke relative to this matter last November, I explained this to you and you were going to apply the Amnesty Program. We have not heard from you and this problem must be solved. You must nt t this of e in 14 days to discuss this matter. F da Edson Amnesty Apartment Investigator Building Department gforms:zoning3 I M1 Bk 2044.9 P S 1 1 ---CIF 7B477 11-07-21305 & 11 a 54U MMMBL 039. ,.� Town of Barnstable - Zoning Board of Appeals =_ Comprehensive Permit Decision and Notice c , Appeal 2005-094—Corcoran Decision - Chapter 40B Comprehensive Permit Applicant: Elaine E. Corcoran Property Address: 187 Locust Street, Hyannis, MA Assessor's Map/Parcel: Map 310, Parcel 129 Zoning: Residential B Zoning District Applicants: The applicant is Elaine E. Corcoran, who resides at 187 Locust Street, Hyannis, MA. Ms. Corcoran was :u.. granted title to the property by deed recorded in the Barnstable Registry of Deeds on September 10, 19711" as recorded in Book 1526,Page 1050. Relief Requested: The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article II of Chapter Nine of the Code of the town of Barnstable, more commonly termed the "Accessory Affordable Housing Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9- 14 of the Code—Amnesty Program to permit an accessory apartment unit to a single-family owner- occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit attached to the principle dwelling. Locus and Background: The property at issue is a 0.18-acre lot located at 187 Locust Street in Hyannis. The lot was developed in 1931 with a single family ranch style home. The effective living area of the main residence is 1,936 square feet. The accessory apartment is a studio unit attached to the principle dwelling. The,square footage of the rental area is approximately 400 square feet. The lot is served by public water and sewer, and is located within a Wellhead Protection Overlay District. The town of Barnstable's Public Health Division reviewed the application and on August 29, 2005, had no objection to a total of three (3) bedrooms at this property. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Office of Community & Economic Development on September 12, 2005, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760. An application for a Comprehensive Permit was then filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on September 9, 2005 and September 16, 2005, and notices were sent to all abutters in accordance with MGL Chapter 40B. On September 28, 2005 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Elaine E. Corcoran, was present at the hearing. Elizabeth Dillen of the Office of Community and Economic Development was also present. Ms. Nightingale reviewed the file with the applicant to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on September 28, 2005 the Hearing Officer made the following findings of fact: 1. The applicant is Elaine E. Corcoran, who resides at 187 Locust Street, Hyannis,MA. She is requesting a Comprehensive Permit to convert an existing studio apartment attached to the principle dwelling into an affordable rental unit. The conversion of the unit to an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for the "Accessory Affordable Housing Program." 2. Elaine E. Corcoran was granted title to the property by deed recorded in the Barnstable Registry of Deeds on September 10, 1971, as recorded in Book 1526, Page 1050. . 3. On September 12, 2005 a site approval letter was issued for the property by Elizabeth Dillen of the Office of Community & Economic Development, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit is approximately 400 square feet, and is attached to the principle dwelling. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and sewer and is in an identified Wellhead Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved the property for a total number of three (3)bedrooms. 7. On August 12, 2005 the applicant signed an Accessory Affordable Housing Program Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as her year-round residence. 8. The applicant understands that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and further agrees that rent (including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development,as of September 28, 2005, 6.3 % of the town's year.round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Bamstable's Local Comprehensive 2 I Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. Finding Summary: Based upon the findings, the Hearing Officer ruled that the applicant has standing to apply for an affordable housing Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety.of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicant, Elaine E. Corcoran. It is issued to allow for the creation of a studio .affordable housing unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed one person. 2. The property owner shall occupy the principal dwelling as her year-round residence. 3. This unit shall not be occupied by a family member of the owner(s). 4. The total number of bedrooms on the property shall not exceed three (3). 5. All parking for the accessory apartment and the main dwelling shall be on-site. 6. To meet the requirements of affordability, the cost of housing (including utilities) shall not exceed 30% of 80%of the median income for a single individual for the Barnstable-Yarmouth MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum term of one year. 8. The Office of Community and Economic Development shall serve as the monitoring agent for the accessory apartment. 9. The applicant must apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 10. The applicant may select her own tenant provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Office of Community & Economic Development of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessary to document that 3 the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs, notice must be given to the Office of Community & Economic Development and the unit must be listed with the Town. 11. Every twelve months the applicant shall review the income eligibility of the individual occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit, the applicant shall file with the Office of Community & Economic Development of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 12. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the Office of Community & Economic Development of the town of Barnstable shall be notified within 60 days the name and address of the new owner. 13. This Comprehensive Permit must be exercised and .the unit occupied within 12 months of its issuance or it shall expire. 4 Ordered: Comprehensive Permit 2005-084 has granted p seen b g d with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code Chapter 241, section 11. If after fourteen (14) days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. In accordance with Chapter 214, section 11 of the Town of Barnstable Administrative Code, the hearing officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on September 28, 2005. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. Gal ightingale, ring Of c r Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County,Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has be file e office of the Town Clerk. Signed and sealed this a of pv � under the pains and enalties.if. er`u g Y P P F J �ry. j Linda Hutchenrider, Town Clerk 5 Edson, Linda From: Dabkowski, Cindy Sent: Wednesday, February 18, 2009 1:34 PM To: Edson, Linda Subject: RE: 187 Locust street Hyannis No, But have started the process to rescind CORCORAN, ELAINE E appeal number 2009-013 should go through on April 2009 hearing. Too late for March -----Original Message----- From: Edson,Linda Sent: Wednesday,February 18,2009 12:57 PM To: Dabkowski,Cindy Subject: 187 Locust street Hyannis Cindy, Have you heard form Mr. Throwbridge re: the illegal apt he has rented? Linda 1 B k 23267 Ps 3'29 -58312 .a —14-2008 a 12 = 38R FORECLOSURE DEED w 187 Locust Street, Hyannis,MA 02601 W o ra x ►¢-c W 0 HSBC Bank USA,National Association as Trustee for the Ellington Trust Series 2007-2,present Wh- s `. . holder of a mortgage from Elaine Corcoran to Fremont Investment & Loan, by and through its nominee u w It Mortgage Electronic Registration Systems, Inc. dated February 23, 2007, and recorded with the XN.. 0+-i ���;"'" Barnstable County Registry of Deeds in Book 21816, Page 117, by the power conferred by that QrM Ln mortgage and every other power, for One Hundred Forty One Thousand Fifty Dollars ($141,050.00) N=a. ° grants to Cornelius Miller Trowbridge III, with an address is 187 Locust Street, Hyannis, MA 02601, .D C3 ' the premises conveyed by the mortgage. The premises are conveyed subject to and with the benefit of ro all rights, restrictions, easements, improvements, outstanding tax titles, municipal or other public taxes, assessments betterments liens or claims in the nature of liens and existing encumbrances of record g _'a��.. created prior to the mortgage, or entitled to precedence over the mortgage, if any, insofar as the same are cn�.0.-, a �;,o U still in force and applicable to the premises. The street address of the premises is: 187 Locust Street,Hyannis, MA 02601 Executed under seal on(OCA -.©, ,2008. HSBC Bank USA,National Association as Trustee for the Ellington Trust Series 2007-2 w By: Wilshire Credit Corporation as its attorney in W o c-,C, fact ,�.-. o ¢ Jr.,b'. ce a Wh-R7ik-4 CO 4)hJ iJ-i- N Cy , W� �u in CID 0 _ By lkoo),z �cl��.�,lw�v r' Titl L � �'W Dul Au orized z cu -t ra STATE OF t9R � �� "t` a, COUNTY OF L. yf�sRj LQY O C1.1 Cl7 L'1 i_LL On this 2o(�'day of ,2008,before me, the undersigned notary public,personally appeared ? ,who proved to me through satisfactory evidence of identification, which was a Curr document issued by a federal or state government agency bearing the photographic image of the individual's face and signature,to be the person whose name is signed on the preceding or attached document, and acknowledged to me and swore or affirmed to me under oath that the contents of this document is truthful and accurate and that he/she signed it voluntarily for its stated purpose, as y P i&,= ; of Wilshire Credit Corporation as attorney in fact for HSBC Bank USA, National Assoc'atio Trustee for the Ellington Trust Series 2007-2 OFFICIAL SEAL DORIS LEMIRE �.. NOTARY PUBLIC-OREGON COMMISSION NO,405846 Notar Public *my COMMISSION EXPIRES JUNE 5,2010 � •`._ u w My commission expires: 08.0363 F.W ILS/Elaine Corcoran {00173693.DOC} a Bk 23267 Pg 330 #58312 FORECLOSURE AFFIDAVIT D c,,v u}ndersigned, �� �i��iq ln�S ,holding the office or position `� of e of Wilshir Credit Corporation as attorney in fact for HSBC Bank USA, National Association as Trustee for the Ellington Trust Series 2007-2 the r g grantor named in the foregoing foreclosure deed,make oath and say as follows: 1. The principal, interest and tax obligations mentioned in the mortgage referred to in the foregoing foreclosure deed were not paid or tendered or performed when due or prior to the sale. 2. HSBC Bank USA,National Association as Trustee for the Ellington Trust Series 2007-2,as foreclosing mortgagee,caused to be published on August 15,2008,August 22,2008,and August 29,2008 in Barnstable Patriot,a newspaper published or by its title page purporting to be published in,and having a general circulation in,Hyannis, Massachusetts,a Notice of Mortgagee's Sale of Real Estate,a true copy of which is attached hereto as Exhibit"A." 3. HSBC Bank USA,National Association as Trustee for the Ellington Trust Series 2007-2,has also complied with Chapter 244,Section 14 of the Massachusetts General Laws, as amended,by mailing the required notices, certified mail,return receipt requested,to all parties of interest. 4. Pursuant to the time and place designated in the Notice of Mortgagee's Sale of Real Estate, 11:00AM on September 5,2008 on the mortgaged premises, HSBC Bank USA,National Association as Trustee for the Ellington Trust Series 2007-2,as foreclosing mortgagee,sold the mortgaged premises at public auction by Jay C. Kivowitz,a licensed auctioneer,to Susan M. Morrison with an address of 179 Locust Street,Hyannis,MA 02601,for a bid of One Hundred Forty One Thousand Fifty Dollars($141,050.00),such bid being the highest bid made at the auction. Said bid was then assigned to Cornelius Miller Trowbridge III,of 187 Locust Street, Hyannis,MA 0260,1,pursuant to an Assignment of Bid attached hereto as Exhibit B. Signed and sworn to under the penalties of perjury on this day of ,2008. HSBC Bank USA,National Association as Trustee for the Ellington Trust Series 2007-2 By: Wilshire Credit Corporation as its attorney in fact 1 1 ti Title: nn Duly authorized STATE OF Oregon COUNTY OF Washington fhl On this' day of DC4— ,2008,before me, the undersigned-notary public,personally appeared 1i S::knaL1A C,S ,who proved to me through satisfactory evidence of identification,which was a current document issued by a Mcderaltate government agency bearing the photographic image of the individual s face and signature,to be the person who signed the preceding or attached document in my presence,and acknowledged to me and swore or affirmed to me under oath that the contents of this document are truthful and accurate and that he/she signed it voluntarily for its stated purpose, as �AL P of Wilshire Credit Corporation as attorney in fact for HSBC Bank USA National As as Tru tee for the Elling on Trust Series 2007-2. OFFICIAL SEAL L NN N EVANS `'```a;•.i ,. NOTARY PUBLIC-OREGON COMMISSION NO.413434 Notary P lie: MY COMMI S ON EXPI S JAN ARY 2 2 11 My Commission Expires: Our File No.:08.0363F. (00173694.1)OC1 08.0363KWILS/Hainc Corcoran Bk 23267 P g 331 #58312 EXHIBIT"A" MORTGAGEE'S SALE OF REAL ESTATE 187 LOCUST STREET,HYANNIS,MA 02601 By virtue and in execution of the Power of Sale contained in a certain mortgage given by Elaine Corcoran to Fremont Investment &Loan•by and through its nominee Mortgage Electronic Registra- tion Systems,Inc.dated February 23,2007,and recorded with the Barnstable County Registry of Deeds in Book 21816 Page 117,of which mortgage the undersigned is the present holder,for breach of the conditions of said mortgage and for the purpose of foreclos- ing the same will be sold at Public Auction on September 5,2008 at 11:00AM,at or upon the mortgaged premises more particularly described below,being all and singular the premises described in said mortgage,to wit: acertainparoel ofland.togetherwith anybuildings thereon.situated In Barnstable(Hyannis),BarnstableCcounty,Massachusetts,shown as LOT 11 Block B on plan entitled'Ridgewood.Hyannis,Mass. belonging to Ernest S.Bradford et als°more particularly bounded and described as follows: SOUTHERLY by Lot 10,shown on said plan,there measuring one Hundred(100)feet; WESTERLYby Lot 16 and'Reserved Parcel',shown on said plan, there measuring Eighty-six and 57/100(86.57)feet: NORTHERLY by a private way,on said plans and EASTERLY by Locust Street and said."Reserved Parcel',as shown on.said plan,there measuring Seventy-four and 38/100 (74.38)feet. For We see Deed recorded in Book 1526,Page 1050. Subject to BettermentAssessment recorded at Book 13440,Page 270 and Regulatory Agreement recorded at Book 20449,Page 16, to extent in force and applcable. The description of the premises contained in said mortgage shall control in the event of an error In this notice. The Mortgagee reserves the right to postpone the safe to a later date by public announcement at the time and date appointed for the sale and to further postpone at any adjourned sale date by public announcement at the time and date appointed for the adjourned sale date. The premises will be sold subject to and with the benefit of all rights, restrictions, easements, improvements, outstanding tax titles,municipal or other public taxes,assessments,betterments, liens or claims in the nature of liens and existing encumbrances of record created prior to the mortgage,or entitled to precedence over the mortgage,if any,insofar as the same are still In force and applicable to the premises. lithe premises is a condominium unit,then the premises will also be sold subject to Massachusetts General Laws chapter 183A,as amended,theapplicableMasterDeedand any and all amounts as may be due,following such sale,to the applicable condominium trust. lithe successful bidderat theforeclosure sa!sdefaults inpurchasing the property according to the terms of this notice of sale or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the property by foreclosure deed to the second highest bidder(or other successive bidders,in the order of their bid)provided that such other bidder deposits with Mortgagee's attorneys,Michienzie&Sawin LLC,the amount of the required deposit as set forth below within ten(10)business days after written notice of defauft of the previous highest bidder and title shall be conveyed to such other bidder within thirty(30)days of the default,which time periods may be reasonably extended by the Mortgagee in its sole discretion. TERMS OF SALE: Ten Thousand and No/100 Dollars ($10,000.00)is to be paid in certified check and/or bank cashier's check to be paid by the Purchaser at the time and place of sale. The balance of the purchase price is to be paid by the Purchaser by certified check and/or bank cashier's check within thirty(30)days thereafter,which time period may be reasonably extended by the Mortgagee in its sole discretion,at the offices of Harry Castleman, Esquire,Michlenzie&Sawin I.I.C.745 Boylston Street,Boston,MA 02116. Other terms to be announced at the sale. HSBC Bank USA,National Association as Trustee for the El- lington Trust Series 2007-2 present holder of said mortgage by its attorney,Harry Castleman,Esquire MICHIENZIE&SAWIN LLC 745 Boylston Street The Barnstable Patriot Boston,MA02116 August 15,August 22 and August 29,2008 ;00058589.DOC) 08.0363F.WILS/Elaine Corcoran J Bk 23267 Pg 332 #58312 EXHIBIT B ASSIGNMENT OF BID FOR VALUE October 2, 2008 For Value received,which I acknowledge as being good and sufficient consideration, I, Susan M. Morrison hereby assign my bid and the deposit of$10,000.00 paid with said bid and all my right, title and interest in and to and under a Memorandum of Sale of Real Estate by Auctioneer,JAY C. KIVOWITZ,dated September 5, 2008, in connection with premises situated at 187 Locust Street, Hyannis, Massachusetts 02601 to Cornelius Miller Trowbridge III. This Assignment is made without recourse and subject to all terms and conditions contained in the said Memorandum of Sale. Susan M.-Morrison COMMONWEALTH OF MASSACHUSETTS Barnstable, ss October 2, 2008 On this 2nd day of October 2008 before me,the undersigned Notary Public, personally appeared the above-named Susan M. Morrison,proved to me through satisfactory evidence of identification,which was a Massachusetts Drivers License to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose. Not ublic: My Commission Expires: =t,e .... Notary Public ELIZABETH M. MICHAUD Cwwaveaah o1 Mumchum b &V Ci0M1111 WW axon:Dawyer 10.=* lltlll' i BARNSTABLE REGISTRY OF DEEDS _ t �. I I �1 I Barry, Lois To: Dabkowski, Cindy Subject: 187 LOCUST STREET, HYANNIS Cindy, Linda Edson told me that this Amnesty property has been sold. What is the procedure on these sold properties? Lois . 1 Edson, Linda From: Edson, Linda Sent: Tuesday, January 27, 2009 12:45 PM To: Dabkowski, Cindy Subject: 187 Locust Street Hyannis Cindy, What is the standing of this matter. This property was in Amnesty. It has been sold and the new owner was notified that he had to go into the program or remove the apt. He now has rented same and I need to know if he is on board. Linda 1 r TME r Town of Barnstable IARNSfABLE, : Regulatory Services 1 . ,�� � Thomas F. Geiler, Director ArFD��p Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 9, 2005 Elaine E. Corcoran 187 Locust Street Hyannis, MA 02601 Re: Proposed Accessory Affordable Apartment 187 Locust Street, Hyannis Dear Ms. Corcoran: We have received the recorded Regulatory Agreement and Comprehensive Permit for the accessory affordable apartment to be created at the above-referenced address. A building permit is required whether the unit is new or pre-existing. We look forward to receiving your building permit application for the apartment. Please call me if you have any questions regarding the building permit process. Sincerely, Lois Barry Division Assistant J040616a f Amnesty Apartments Last Name CORCORAN First Name ELAINE E. 2nd Owner _ 2nd Owner Last Name First Name Map Parcel 310129 _. Property No 187 Property Street LOCUST STREET ; Village HYANNIS State MA ; Zip 02601 ' Status Pending j Action Required ' Assessors Use Group ISingle Family Comp Per Issue 10/14/2005I Recorded Date 11/7/20051 Application# 88447= Permit Issued: 11117/20051 C of C Total 1 Program Total 1 Descripton FT UDIO, 1 PERSON, EXISTING,ATTACHED Cert of Occupancy Issued: 11/29/20051 Cert of Compliance Issued 12/12/2005 Notes 12/8/08 LE: PROPERTY HAS BEEN SOLD SENT EMAIL TO AMNESTY. 12/10/08 LE CALLED NEW OWNER,WANTS TO BE IN AMNESTY,WILL CALL CINDY. pq Amnesty Program Helping to Make Affordable Housing Possible p g d � Town ofBarnstable . of Compliance Certificate . This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code and Town of Barnstable zoning ordinances in accordance with the Amnesty Program. Location 187 Locust Street, Hyannis, MA Unit Capacity Studio not to xceed o erson Inspector 1VI/P No. 310 129 12/12/2005 Amnesty Apartments Last Name CORCORAN First Name ELAINE E. 2nd Owner 2nd Owner --_-__ ----------_---� Last Name First Name _. .�..__�._._.. . m _. Map Parcel 310129 Property No 187 Property Street LOCUST STREETm Village HYANNIS E State MA j Zip 02601 LL Status Certificate of Compliance Action Required g _ _.._.. _ __._ Assessors Use Group ISingle Family Comp Per Issue 10/14/2005( Recorded Date 11/7/2005; Application# M88447' Permit Issued: 11/17/2005 C of C Total 1 Program Total 1 R Descripton STUDIO, 1 PERSON, EXISTING,ATTACHED Cert of Occupancy Issued: 11/29/2005 Cert of Compliance Issued 12/12/2005( Notes 12/8/08 LE: PROPERTY HAS BEEN SOLD,SHE'LL FOLLOW. SENT EMAIL TO AMNESTY . * Bk 20449 PS 16 �78478 h 1 1-07-2 ei 5 a 1 1 _ 54a. REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATO EMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made thi day of 2005, by and between Elaine E. Corcoran of 187 Locust Street, Hyannis MA 02601 and its successors and assigns (hereinafter the "Owner"), and the TOWN OF BARNSTABLE (the "Municipality'),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit"); and NOW THEREFORE, in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the.receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate the property located at 187 Locust Street, Hyannis MA 02601 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 1526, Page 1050. B. The Project located at 187 Locust Street, Hyannis MA 02601 will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable Unit" or the "Unit"). C: The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2005-084 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book j26" Page D. The Owner agrees to occupy the principal dwelling unit located on the property as their year round residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable- Yarmouth MSA. In the event that utilities are separately metered, a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental J body, and will not violate or,as applicable,has not violated any provision of any indenture, agreement,mortgage, mortgage note,or other instrument to which the Owner is a parry or by which it or the Owner is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C: LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent (including utilities) shall not exceed an amount.that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA. In the event that utilities are separately metered, a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent, as designated by the Town Manager,proof that the Designated Affordable Unit is rented, the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"), and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling, as applicable,the Owner shall immediatelytransmit to the Municipality evidence of such recording or filing including the date and instrument, book and page or 2 c� registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of P �' any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate, 'including but not limited to awards,judgments,out-of-pocket expenses and attorney's fees necessitated by such actions. X. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing, executed by the parties, and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 1526, Page 1050 and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in deed recorded herewith as Barnstable County Registry of Deeds Book 1526, Page 1050. XI. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the-use permitted under zoning and the restrictive covenant shall be rendered void. 3 XII. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined 'in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares, and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement, and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner, and (1) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XIII. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XIV. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals thial. day of�W_.> 200_. OWNER BY- Elaine ._Corcoran COMMONWEALTH OF MASSACHUSETTS County of Barnstabl�s: O t day 2 _before me,the undersigned notary public,personally appeared the Ovper@ ,proved to me through satisfactory evidence of identification,wfuch were 66tV,-1— ,to be the person(s) whose name(s) is signed on the preceding or attached document and acknowledged to be that he st1�P, ETH AtIN DILLEN voluntarily for the stated purposes. Notary Public COMMOMEM r cl Massachusetts UI) My Comrr,ission Expires Ot Public October 27, 2011 Printed: l XKP My Commission Expires: It%, '7/1 4 � F TOWN OF B STABLE BY: \--TOWNMANAGER COMMONWEALTH OF MAS S ACHUS E TTS County of Barnstable,ss: On this a7q�ay of CCiV&r" 2OG-5-before me,the undersigned notary public,personally appeared Jdl�n CC 'm n, ,the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were o,-1 rsimaJj!( ruFVM ,to be the person whose name is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. Notao Public Printed: Shlp �'� p4q 00'iue MyCorrin ission Expires:AkE16 � O=MASSACHUSETTS SHIRLLEY ;,T=1r'I N k l _ ;f COMMONWEHUSETTSMy Com2008 5 TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY- AMNESTY APARTMENT M PARCEL ID 810 129 GEOBASE ID 22698 ADDRESS 187 LOCUST STREET PHONE HYANNIS ZIP - LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 88647 DESCRIPTION EXISTING APARTMENT 088447 PERMIT TYPE BAMNCO TITLE AMNESTY APT CERT. bF OCC. CONTRACTORS: Department of ARCHITECTS: Regulatory Services TOTAL FEES: $25.00 BOND � — CONSTRUCTION COSTS $.00 TME 756 CERTIFICATE OF OCCUPANCY * BnMSTABLE, Mass. 1639. BUILDING'D SION BY DATE ISSUED 11/29/2005 EXPIRATION DATE TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY---AMNESTY APARTMENT i PARCEL ID 310 129 GEOBASE ID .22698 ADDRESS 187 LOCUST STREET PRONE HYANNIS ZIP - LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT ICY PERMIT 88647 DESCRIPTION EXISTING APARTMENT 088447 PERMIT TYPE BAMNCO TITLE AMNESTY APT CERT. 6F OCC. CONTRACTORS: Department of f ARCHITECTS i Regulatory Services TOTAL FEES: $25.00 13OND $,00 CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY * B01IRN3PABIX MAM e I 639. A� ` BUILDING D I ION BY DATE ISSUED 11/29/2005 EXPIRATION DATE ,.,, - i r THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMA TLY EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. :X63 a I memA - e s Oe 1 BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON.THIS I THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN-NOTIFICA- TION. NOTED ABOVE. TION. TOWN1 OF BARNSTABLE CERTIFICATE OF- OCCUPANCY---AMNESTY APARTMENT a �: PARCEL: ID 310 129 GEOBASE ID 1,22698 ADDRESS 187 LOCUST STREET - PHONE HYANNIS ZIP LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 88847 DESCRIPTION EXISTING APARTMENT 088447 . PERMIT TYPE BAMNCO TITLE AMNESTY APT CERT. 6E OCC. ' CONTRACTORS:ARCHITE+C.TS: Department Of Regulatory Services TOTAL FEES: $25.00 BOND $-00 ova CONSTRUCTION COSTS $.00 C 756 CERTIFICATE OF OCCUPANCY MASS. i639. A� FD NIA BUILDING:D f/,�1-,§IVISION.1 � BY DATE 'ISSUED 11./29/2006 EXPIRATION DATE �-� ,,•t'u��--�—� THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMAJITLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST=BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND - WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANIELECTRICAL,.LNSTALPLUMBING TI . AND MECH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY, ®. ® i BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 �y I 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. . . w 4` S' TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION s Map Parcel Permit# . 3'S y�f Health Division aW''-1 ed i/1/ )%S� _ Conservation Division ie�. �S• �� Tax Collector f zp/,0��� '' Application Fee r/ Treasurer .r- Planning Dept. in By Date Definitive Plan Approved by Planning Board Approved By Historic-OKH Preservation/Hyannis Project Street Address Village Owner Address ���i Telephone " 7 7b - �62 7 Permit Request Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Valuation Zoning District Flood Plain Groundwater Overlay Construction Type p Lot Size Grandfathered: ❑Yes O No If yes, attach supporting documentation. Dwelling Type: Single Familyz Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑Crawl ❑Walkout 0 Other Basement Finished Area(sq.ft,) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: Cl Gas ❑Oil 0 Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:0 existing ❑new size Pool: ❑existing 0 new size Barn:0 existing ❑new size Attached garage:O existing ❑new size Shed:O existing ❑new size Other: Zoning Board of Appeals Authorization Appeal# <�dDf- �2 Recorded Commercial ❑Yes cO/No If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER w DATE OF INSPECTION: ' FOUNDATION FRAME oto » INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL a PLUMBING: ROUGH FINAL" GAS: ROUGH FINAL FINAL BUILDING zi Z 2d T DATE CLOSED OUT ASSOCIATION PLAN NO. f Bk 20449 Ps 1 1 Aw-78477 1 1-07-2005 & Ra Ww BLL ease Town of Barnstable Zoning Board of Appeals _ Comprehensive Permit Decision and Notice Appeal 2005-084—Corcoran Decision - Chapter 40B Comprehensive Permit Applicant: Elaine E. Corcoran Property Address: 187 Locust Street, Hyannis,MA Assessor's Map/Parcel: Map 310, Parcel 129 Zoning: IResidential B Zoning District Applicants: a•• The applicant is Elaine E. Corcoran, who resides at 187 Locust Street, Hyannis, MA. Ms. Corcoran was E granted title to the property by deed recorded in the Barnstable Registry of Deeds on September 10, 1971� as recorded in Book 1526,Page 1050. Relief Requested: The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article II of Chapter Nine of the Code of the town of Barnstable, more commonly termed the"Accessory Affordable Housing Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9- 14 of the Code—Amnesty Program to permit an accessory apartment unit to a single-family owner- occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit attached to the principle dwelling. Locus and Background: The property at issue is a 0.18-acre lot located at 187 Locust Street in Hyannis. The lot was developed in 1931 with a single family ranch style home. The effective living area of the main residence is 1,936 square feet. The accessory apartment is a studio unit attached to the principle dwelling. The square footage of the rental area is approximately 400 square feet. The lot is served by public water and sewer, and is located within a Wellhead Protection Overlay District. The town of Barnstable's Public Health Division reviewed the application and on August 29, 2005, had no objection to a total of three (3) bedrooms at this property. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Office of Community& Economic Development on September 12, 2005, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760. An application for a Comprehensive Permit was then filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on September 9, 2005 and September 16, 2005, and notices were sent to all abutters in accordance with MGL Chapter 40B. On September 28, 2005 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Elaine E. Corcoran, was present at the hearing.: Elizabeth Dillen of the Office of Community and Economic Development was also present. Ms.Nightingale reviewed the file with the applicant to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on September 28, 2005 the Hearing Officer made the following findings of fact: 1. The applicant is Elaine E. Corcoran, who resides at 187 Locust Street,Hyannis,MA. She is requesting a Comprehensive Permit to convert an existing studio apartment attached to the principle dwelling into an affordable rental unit. The conversion of the unit to an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for the "Accessory Affordable Housing Program." 2. Elaine E. Corcoran was granted title to the property by deed recorded in the Barnstable Registry of Deeds on September 10, 1971, as recorded in Book 1526, Page 1050. . 3. On September 12, 2005 a site approval letter was issued for the property by Elizabeth Dillen of the Office of Community & Economic Development, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 4. The proposed.accessory affordable unit is approximately 400 square feet, and is attached to the principle dwelling. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and sewer and is in an identified Wellhead Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved the property for a total number of three (3) bedrooms. 7. On August 12, 2005 the applicant signed an Accessory Affordable Housing Program Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as her year-round residence. 8. The applicant understands that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and further agrees that rent (including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of September 28, 2005, 6.3 % of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive 2 Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. Finding Summary: Based upon the findings, the Hearing Officer ruled that the applicant has standing to apply for an affordable housing Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety.of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicant,Elaine E. Corcoran. It is issued to allow for the creation of a studio .affordable housing unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed one person. 2. The property owner shall occupy the principal dwelling as her year-round residence. 3. This unit shall not be occupied by a family member of the owner(s). 4. The total number of bedrooms on the property shall not exceed three (3). 5. All parking for the accessory apartment and the main dwelling shall be on-site. 6. To meet the requirements of affordability, the cost of housing (including utilities) shall not exceed 30% of 80%of the median income fora single individual for the Barnstable-Yarmouth MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum term of one year. 8. The Office of Community and Economic Development shall serve as the monitoring agent for the accessory apartment. 9. The applicant must apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 10. The applicant may select her own tenant provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Office of Community & Economic Development of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessary to document that 3 the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs, notice must be given to the Office of Community &Economic Development and the unit must be listed with the Town. 11. Every twelve months the applicant shall review the income eligibility of the individual occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit, the applicant shall file with the Office of Community & Economic Development of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the town any additional information it'deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 12. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the Office of Community & Economic Develo ment of the town of Barnstable P shall be notified within 60 days the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. 4 I Ordered: Comprehensive Permit 2005-084 has been granted with conditions..A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code Chapter 241, section 11. If after fourteen (14) days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. In accordance with Chapter 214, section 11 of the Town of Barnstable Administrative Code, the hearing officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on September 28, 2005. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. r . . . .....7/j, Gai ightingale, H ring Of c r Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County,Massachusetts,hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no. appeal of the decision has be file e office of the Town Clerk. Signed and sealed this a of f g Y ©v under the pains and penalties Of perjury. Linda Hutchenrider, Town Clerk 5 s 'q B.k 20449 PS 1�6 i7847L 1 1-07-21 05 a 1 1 2 540L REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATwits MENT and DECLARATION OF RESTRICTIVE COVENANTS,is made thi day of ,2005, by and between Elaine E. Corcoran of 187 Locust Street, Hyannis MA 0260ssors and assigns (hereinafter the "Owner"), and the TOWN OF BARNSTABLE (the "Municipality'),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROTECT SCOPE AND DESIGN• A- The terms of this Agreement and Covenant regulate the property located at 187 Locust Street, Hyannis MA 02601 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 1526,Page 1050. B. The Project located at 187.Locust Street, Hyannis MA 02601 will consist of one accessory apartment Lunt which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable Unit" or the "Unit"). G The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2005-084 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book A0M Page D. The Owner agrees to occupy the principal dwelling unit located on the property as their-year round residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES• A. THE OWNER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable Lunt,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable- Yarmouth MSA. In the event that.utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated.Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable, has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable, has not violated any provision of any indenture,agreement,mortgage, mortgage note, or other instrument to which the Owner is a parry or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner, at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at.law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and.that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income.is 80% of the median income of Barnstable-Yarmouth MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent, as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent, as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authorityshall be deducted from the rent. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"), and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediatelytransmit to the Municipality evidence of such recording or filing including the date and instrument, book and page or 2 registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested, to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents, servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorney's fees necessitated by such actions. X. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing, executed by the parties, and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 1526, Page 1050 and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in deed recorded herewith as Barnstable County Registry of Deeds.Book 1526,Page 1050. XI. TERM OF AGREEMENT The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and.the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said . dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Perrrut void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 )II. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare, and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merelypersonal covenants of the Owner,and (iii) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. )III. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and e includin legal expenses, g e al g fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner herebyagrees that the ali p Munici ty and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. M. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this2f day of ,200 . OWNE R BYElaine . Corcoran COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: Olyl day 2 before me,the undersigned notary public,personally appeared the 'Per(s) ,proved to me through satis factory evidence of identification,w 'ch were (�dL ,to be the person(s) whose names) is signed on the preceding or attache document and acknowledged to be that hel e s19tYLA voluntarily for the stated purposes. ETH Ahlty QILLEN Notary Public Comm nweall)d Massachuselts My Commission Expires Ot Pubhc October 27, 2011 Printed: My Commission Expires: 4 TOWN OF B STABLE BY: TO MANAGE R COMMONWEALTH OF MASSACHUSETTS County of Barnstable,s�,s`,�1 On this a-6ay of CC• V&r- 20L�before me, the undersigned notary public,personally appeared r— c ryr �r y rr 1 T6h n C•K�iYn rv, ,the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were D-fiYsil ga-tCc 1 yi�� m ,to be the person whose name is signed on the preceding or attached document and acknowledge to be that he/she signed it voluntarily for the stated purposes. Not Public Printed: 5hl'ek � l`lGLI�.� 00 k4t— MyComnvssionExpires: OFFICIAL SEAL Y SHIRLEE MAY OAKLEY NOTARY PUBLIC COMMONWEALTH Of MASSACHUSETTS My Comm.Expires 3/28/2008 5 44.4 100. 74 44.6 -_ N x x 7.22 SHED 44.2' 44.4 44.1LO 00 C. r lao cQ Q ` x �+ \ co TES SP o I���� � • �t�>�{cS? �0��� � , � � � � � � N W z DECK ._:Q: Q, W D. .� \ w z X \��� A.4.7 ft � 1181 T- cD JLH co 10 . .�3 NZ � � ASPHALT129 � P AR • � � �"'� 19.0-, DRIVE q7 + Sq• ft' q g'� 4.5 AREA- x 44.5' 6, 15.0 — x FENCE LINE — — — — —S83`22'45"E 100.00' 0 VE The Town of Barnstable r + r + &UMSTABLE. • A ' ,. Office of Community and Economic Development rfD""N�A 230 South Street Hyannis,MA 02601 Office:508-8624678 Fax: 508-8624782 August 16,2005 Mr.John C.Klimm, Town Manager Gary K Brown,Town Council President Barnstable Town Hall 367 Main Street Hyannis,MA 02601 Re: Julia and Todd Snell- 56 Camp Opechee Road, Centerville- a single-family accessory unit Elaine Corcoran- 187 Locust Street,Hyannis - a single-family accessory unit John J.Piskura- 136 Uncle Willie's Way,Hyannis - a single-family accessory unit. Eleanor A. Pozzi- 362 Old Craigville Rd, Centerville- a single-family accessory unit Gentlemen: This letter is to inform you that the Accessory Affordable Housing (Amnest� Program has received requests for project eligibility letters under the Community Development Block Grant (CDBG) Fund and under Article II of Chapter Nine of the Code of the Town of Barnstable and the criteria for the Local Chapter 40B Program This office is reviewing the requests.If the Town has any comments on the projects,please forward 10 them to me so that they can be addressed in the site approval letter. This letter gives you official notice of our receipt of the above application(s). We will issue a decision as to the acceptability of the sites and the consistency of this development within the guidelines of CDBG. Jerely,abeth Dillengram Coordinator cc: Town Attorney's Office Building Department Public Health Department �oFIKE ram, Town of Barnstable Regulatory Services r r SARNSfABLE, ■ v � g Thomas F. Geiler,Director $A 1639. ♦0 'Eo►9'�64, Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 September 4, 2002 Elaine Corcoran 187 Locust Street Hyannis, MA 02601 RE: Illegal Apartment Map/Parcel: 310-129 Dear Property Owner: A review of our records, including the permitting history of 187 Locust Street as well as Zoning Board of Appeals records indicate 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. You are to accomplish this work and notify this office to inspect within fourteen (14) days of receipt of this letter. A building permit must be applied for to redesign the layout to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose, we will be more than happy to help you. If we do not hear from you within the 14 days; we will be forced to seek criminal action against you. Very truly yours, Gloria M. Urenas Zoning Enforcement Officer GMU/lb Q020904c Town of Barnstable j KNE '°'� Regulatory Services Thomas F.Geiler,Director * BnxrrsTast�, • Building Division .elEO MAC Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 COMPLAINTIINQUIRY REPORT Date: Rec'd by: Complaint Nam (z4Map/Parcel &/� l� Location. Address: Originator Name: Street: Village: State: Zip: Telephone: Complaint Description: FOR OFFICE USE ONLY Inspector's Action/Comments Date: Inspector: Additional Info.Attached Q:forms:complaint i Asse sor's yap and lot number ......! ....3 .................. . Sewage Permit number .... .. .:�.... .... ....... f y�FtHEr��� TOWN OF BARNSTABLE S r i BABHSTADLE, i "6 9 BUILDING INSPECTOR 0 MaY a' A APPLICATION FOR PERMIT TO .... n� . ... .................................................................................. TYPE OF CONSTRUCTION ................... ............................................................................... i ...........19S'r TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ............. ..!....... ..........................,f ....................................................................... ProposedUse i................... ................................. ../. ............................................................................. Zoning District ...............�........:�._......................................,-Fire District ................. Name of Owner ���!.Im!........�:�! 4+ .........Address .� _, Nameof Builder .............................................. ✓!r,.r., Address .................................................................................... r Name of Architect .......................................:........... ..........—Address-.................................................................................... s . /...................`....��..... (� J Number of Rooms .....................�1. .........Foundation ...................,.. :.................................................. liL/ 4C 41. 4" ,..................Roofing >r /� Exterior ..........................!t' ................................... ...........,......../..,.. .:.................................................... .W Floors � /!f 71. ...............................................Interior ............. !�.. w...................,.......... ... ................................................ Heating ......... ".r.. �...P�.{��'.............................Plumbing .................................................................................. -- - �-- n Fireplace ............................:.....................................................Approximate Cost .........�f,.�................................................... Definitive Plan Approved by Planning Board ________________________________19________ . Area i� Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH yj �1 I r 4 C,u- j i 1 E! 1t I I hereby agree to conform to all the Rules and Regulations of the Towof BarnYble2rogarcling the above construction. Name l ./ -� .-ll�...... � I 0o Sewage 17865 No �----.. Parmkfo, --. ---. —.d.d—�t—.�1!o� , -------------------~------' Location ......1G.7..Im�u�t..St:.. ___. ~—'--'-------~—' ' Owner ' . William �o ~ ^ ^ ' Type or Conmrucn ' r/ ~ .............................../............................................. Plot �99 Permit Granted ` �o4�nmc | i � vo,e o, Inspection ' -_- Completed .. . � 4ERMIT REFUSED' , . ' ' ' . . .. � � . � ........................................ ...................................... ............................. ................................................. . ^ ` —'--- —' —' ^ ''—^~—' ��� " - . ^ � � �� � �� " � . Ap9,oVed -----------.�---.. lA ' -------------'-------'~`---^' �����������'����������,,���', � � As se or's�`ap and lot number SEPTIC SYSTf'�7 'F:'":1 IT BE INSTALLED li • f ,RUAXCE Sewage Permit number .o> _ WITH II `C'T A1,E S,AN ITh VY COU-;7 Pa%D WON QyofTINET TOWN OF BARNSTAB�LE Z, EASISTAIME, i p'' BUILDING INSPECTOR • °'EDMPY APPLICATION FOR PERMIT TO ....� � .d...... .... .... ................................................................ TYPEOF CONSTRUCTION ................... ...............:........................................:...................... ....... .... ...: ................19 7 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ........... .f.Q.. ....... ............... .74,............................................... ProposedUse ....................... 1...'":.y /........................................................................................................................... ZoningDistrict .................. ...... . .........................................Fire.District .............. ..... .lo. --.. ................................... Name of Owner ......'..r!.:........ P'(. "............Address .. .,/ .7.�.. .r ..... ...................................... Nameof Builder ....................................................................Address .................................................................................... Nameof Architect ..................................................................Address ..........................................:......................................... Number of Rooms ..................../........................... ...............Foundation ................................................. Exterior �"" _f .`(f s ..Roofing ...................... U..�.�!r`............... G !�••••••••�................ Interior ' Floors ...................lls.!.. .�............................................ .............. ... ... ....................................:........... Heating - ^� Plumbing -- .......... .(.t��... .�...... `' ?........................ ............... . �J D.�.Q..!. Fireplace .........................................................................:........Approximate Cost ....... ....... Definitive Plan Approved by Planning Board --------------------------------19--------. 4� a f.� ..r .................. Diagram of Lot and Building with Dimensions Fee ......... .. .......................... SUBJECT TO APPROVAL OF BOARD OF HEALTH t I hereby agree to conform to all the Rules and Regulations of the Tow-0,of Barnstable arding the above construction. Name ../... ........... .. ..... ... ....... ...... No Ganmagm ^ � ~/ � N�o�17— --.. Permit .............. . - ........................................''.....'..............................' Location --------------------------. ' ~ Ownerg~,"."_,°."-----of Type of . � [onstru&kon —.Wan d..F.r.AnP................ -------------------------- ' / - Plot ---.3%0............ Lot ........12.9----'.. � ^ } ' Parmh �,on/e6 5 ly �5 ` ----^^----- ....... / Date of Inspection .19 3—. ..�'� ��°=~�~� uotu Completed ., � � - PERMIT REFUSED x� lA —. --.------~---------. � . ~ � ...................... - ' _------..----------.--------. ` '-------------------'------'' � .-----------.----.--..—.--.—.— ' Approved ---------------- lA ' ^ l ^ ---------------.---..-----~. « ---------------------.--...— � ^ . ' . �