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HomeMy WebLinkAbout0038 PINE GROVE AVENUE .3� floe, Gave- .r I l f 4, 4 I i .'A �f �j .. I i _G--R 1 . .1..f i...Li j.s t i 7. . ti �F'INE rp� BMWSTAHLE, MASS: Oq � 46,39. ®�' Ar�D N1A'�A Town of Barnstable; Zoning Board of Appeals: Decision.and Notice Comprehensive Permit'No. 2011-059—Malo'ney Chapter 40B Comprehensive Permit Summary: Comprehensive Permit No.`2011-r'05qr is rescinded Applicant: David M. Maloney Property Address 38',P:ine Grove Avenue,Hyannis;MA Assessor's 1VIap/Parcel: Map 290,Parcel 159 Zoning: Residential B Zoning District; Deed Reference:' Book-,11467,Page:;255 Permit Reference: Book:26541;Page:215 Locus and Background.- The applicant applied for,a Comprehensive Permit under.Chapter 40B of the, eneral 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." Comprehensive Permit Number 20-I'1- 05`9 was issued to the applicant on:May 9, 2012 and a. Regulatory Agreement and Declaration..of Restricted Covenants were recorded,,At the Barnstable Land Court Registry on July.30;201:2'as-Book: 26541,Page 215. The Applicant no longer owns the;property and therefore the;Coin ehensive Permit No. 2011- 059.must be rescinded. Procedural..&Hearing Summary; A public hearing to rescind Comprehensive Permit No. 2011:0.59 was duly advertised and notice sent to abutters and the property owner all in accordance with MGL Chapter 40A. The hearing' was. opened.on February 10 2021 at which time the. Hearing Officer, Alex.Rodolakis made the following findings and:decision: Findings of.Fact: .1 The applicant, Davidr M: Maloney, was .granted Comprehensive.Permit 2011-059 for an accessory affordable apartment at 38 Pine Grove Avenue,_Hyannis.,MA on May 9 201.2: r a � Toyvn of Barnstable,Zoning:Board of Appeals- Coin.prebqnsive Permit No.201 I-059-Mal"oney is.rescinded; 2. The Applicant,David M Maloney; sold the property on November 10,_2020: 3. On November 20, 2020.the Accessory Apartment Prograin Coordinator took:action to rescind Comprehensive Permit No. 2011=059. Ordered: Comprehensive Permit number 2011 059 is rescinded: A written copy of this decision s hall. be forwarded to the Zonng.Boaid of Appeal.as required by the Town.of Barnstable Administrative Code Chapter 241, section 1.1=. If after4ourteen (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 find deeisio , if any, shal`l.be made to=the Barnstable Superior:.Court,pursuant to MGL. Chapter 40A, Section 175 wi hhi twenty (20) 'days after the date of the filing of this decisioi' in the;office,of the To Clerk. The applicant'has'tl rig to appeal this decision as: outline in Chapter 40B, Section 22. AJI Rodolak'is,.Hearing Officer Date Signed 4Ann Quirk, Clerk..,of the Town of'Bam stabl'e,,8arnstab.16t:cb.ulIty, Massachusetts; hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decisions and that no appeal of the decision has been filed,line.the.office o-f the Town Clerk.. Signed and sealed this /b day.of M%`W# under the-pains and penalties of. pejury. �. Ann Quirk,Town Clerk. y �R` �b�j dii S 0- ` fir' BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register M R`i B k 26541 P:EP 215 "432r_a5 07-30-2012 a ��1 m 46P Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice r Comprehensive Permit No. 2011-059—Maloney Chapter 40B Comprehensive Permit Summary: Granted with Conditions Date: May 9, 2012 Applicants: David M. Maloney Property Address: 38 Pine Grove Avenue Hyannis, MA Assessor's Map/Parcel: Map 290, Parcel 159 Zoning: RB Zoning District rQ .—IC Zone of Contribution: WP Wellhead Protection District c� Recording Information: co :.y Deed Reference: Book 11467 Page 255 Date Application Filed February 10, 2012 Date Hearing Opened May 9, 2012 Date of Decision (Closed), May 9, 2012 Property Ownership: The applicant is David M. Maloney, who is the owner of 38 Pine Grove Avenue Hyannis as evidenced by a deed recorded in the Barnstable County Registry of Deeds on June 1, 1998 in Book 11.467, Page 255. A copy of which has been submitted for the record. Mr. Maloney occupies 38 Pine Grove Avenue Hyannis, MA as his primary residence. Relief Requested: Mr. Maloney has applied for a Comprehensive Permit pursuant to Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with § 9-15 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program". The permit is sought.to allow for the creation of an affordable apartment accessory to a single family home as provided for in the Code of the Town of Barnstable and restricted to being affordable housing for qualified persons as required under Chapter 40B. The zoning relief necessary for this comprehensive permit to be issued is that of a variance to Section 240-11 (A) Principal permitted uses in a RB Zoning District to permit an accessory apartment unit within the lower level of the dwelling. The issuance of this comprehensive permit would allow for a separate, approximately 650 square foot, one bedroom accessory affordable apartment. Bk 26541 Pg 216 #43205 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2011-059—Maloney Locus:. The subject property is a 0.37-acre lot located at 38 Pine Grove Avenue Hyannis, MA, The lot was developed in 1985, with a Cape Cod style home. The living area of the dwelling is approximately 1,326 square feet. Site Conditions The lot is served by public water and public sewer. The Town of Barnstable's Health department reviewed the application, and has no objections to a total of four(4) bedrooms for the entire property.. Procedural & Hearing Summary: A site approval letter was issued for the property by Acting Town Manager Thomas K. Lynch on March 29, 2012 in accordance with MGL Chapter 40B and 760 CMR 56.00. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760 56.00. An application for a comprehensive permit was filed at the Town Clerk's Office on April 25, 2012. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on April 13, 2012 and April 20, 2012, and notices were sent to all abutters in accordance with MGL Chapter 40B. The Public Hearing was opened on May 9, 2012 at 6:00 p.m, by the Hearing Officer Laura F..Shufelt. The applicant, David M. Maloney was present at the hearing. Cindy L. Dabkowski, Accessory . Affordable Apartment Program Coordinator was also present. Laura F. Shufelt read the proposed conditions to the applicant. Mr. Maloney consented to the conditions. Mr. Maloney gave testimony as recorded in the hearing minutes filed with the Town Clerk. The Hearing Officer opened the hearing to public comment. No one spoke. The May 9, 2012' hearing was closed by the hearing officer at 6:30 p.m. On May 9, 2012 the hearing officer granted Comprehensive Permit No. 2011-059 with conditions. Findings of Fact: . At the hearing on May 9, 2012 the Hearing Officer made the following findings of fact: 1. The applicant is David M. Maloney who is the owner and occupant of the property located at 38 Pine Grove Avenue Hyannis." 2. David M. Maloney was granted title to the property by deed recorded in the Barnstable - County Registry of Deeds on June 1, 1998 in Book 11467 Page 255. 3. On March 29, 2012, a site approval letter was issued for the property by Acting Town Manager Thomas K. Lynch, in accordance with MGL Chapter 40B and 760 CMR 56.04 (4). Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of 760 CMR 56.04 (2), and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit is approximately 650 square feet in Iiving area and is located within the lower level of the Cape Cod style home. 5. The applicant was informed that the AAAP unit shall meet all applicable health and 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. 2 Bk 26541 Pg 217 #43205 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2011-059—Maloney 6. The house is served by public water and public sewer. The proposal has been reviewed by Thomas McKean, Health Director, and he has no objections to a total of four(4) bedrooms at the property. 7. On February 10, 2012 the applicant David M. Maloney signed an Accessory Affordable Apartment Program affidavit that commits, upon the receipt of a Comprehensive Permit,to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants, in a form satisfactory to the Town Attorney, at the Barnstable County Registry of Deeds. These documents restrict the unit in perpetuity as an affordable rental unit and require that the principal dwelling be owner occupied as his primary residence. 8. The applicant is aware that the affordable unit shall be rented to a person or family whose income is 80% or less of the Area Median Income (AM[) of the Barnstable Metropolitan Statistical Area (MSA) and 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 August 31, 2011, 6.65% 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. 10. The Town of Barnstable's Comprehensive Plan encourages the adaptive reuse of existing housing stock to create affordable units and the dispersal of these units throughout Barnstable. Summary: The Hearing Officer ruled that the applicant David M. Maloney has standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal was 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. Conditions: Hearing Officer Laura F. Shufelt ruled to grant Comprehensive Permit No. 2011-059 with conditions in accordance with MGL Chapter 40B and Article I] of Chapter Nine of the Code of the town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program" to the applicant, David M. Maloney who is the owner of the property located at 38 Pine Grove Avenue Hyannis. As seen on map 290 as parcel 159. This Comprehensive Permit allows for a one-bedroom apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two (2) people. 2. The total number of bedrooms on the property shal l not exceed.four(4). 3. The accessory unit shall NOT at any time be occupied by a family member of the owner. 4. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the AAAP 'S. On February'15, 2012, the applicant was sent written copy of the inspection findings, submitted for record, that the unit must meet all applicable health and building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit z f for compliance with all applicable building and fire codes. 3 r Bk 26541 Pg 218 #43205 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2011-059—Maloney 6. All parking for the accessory apartment and the principal dwelling shall at all times be on-site. On street parking for all structures and uses on this property is expressly prohibited 7. Lodging or renting of rooms is prohibited for the duration of this Comprehensive Permit. 8. To meet affordability requirements, the rent charged (including utilities) shall not exceed 30% of 80% of the median income for a household for the Barnstable MSA (adjusted for family 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. The Town of Barnstable Growth Management Department shall be the monitoring agent for the accessory apartment. Annual monitoring shall include verification of tenancy, affordability, and compliance with Housing Quality Standards (HQS). The cost for HQS monitoring shall be covered by the homeowner. The fee for the initial monitoring of affordability and annual certification inspection of the accessory unit shall be the same as the Health Department fee for the rental registration program. 10. The applicant shall apply for a building permit for the accessory unit, whether the unit is.new or pre-existing. Before issuing an occupancy permit and certificate of compliance,the Building Commissioner shall determine that the unit conforms to the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division shall determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 11. The applicant may select his own tenant from the prospective tenants supplied by the Administrator of the Ready to Rent List. The tenant must meet the requirements of the Accessory Affordable Apartment Program. The tenant's income shall be reviewed and approved by the Growth Management Department. The applicant shall work with the AAAP Coordinator to provide necessary information and documentation of tenant income eligibility. 12. The unit shall be rented on an open and fair basis to an income eligible individual. Whenever a vacancy occurs, notice shall be given to the Growth Management Department and the applicant shall request potential tenants from the administrator of the Ready to Rent List. The applicant shall pay all fees associated with accessing the Ready to Rent List. In the event that 'the Ready to Rent List is not in effect as of the date that the Building Department issues its occupancy permit,the applicant may select the tenant after open and fair marketing, providing that documentation of the same is given to the AAAP-Coordinator and the AAAP Coordinator Approves the tenant selection process. 13. Should the accessory affordable apartment become vacant the property owner shall immediately notify the Accessory Affordable Apartment Program Coordinator. The property owner shall also notify the AAAP Coordinator of their request for potential tenants from the Ready to Rent List Administrator. 14. Every twelve months the applicant shall review the income eligibility of the AAAP unit tenant. No later than a year from the date of issuance of this Comprehensive Permit, the applicant shall file with the AAAP Coordinator, as Monitoring Agent, an annual affidavit stating the rent charged and income of the unit tenant. The property owner and/or tenant shall provide the AAAP Coordinator any additional information deemed necessary to verify the information provided in the affidavit. 15. Upon any report from the Monitoring Agent that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or its Hearing Officer may hold a hearing to show cause as to why this permit should not be revoked. 4 Bk 26541 Pg 219 #43205 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2011-059—Maloney 16. 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 recorded at the Barnstable County Registry of Deeds 17. Should ownership of the subject property transfer the permit holder identified herein shall notify the AAAP Coordinator and provide, within 60 days of the date of transfer the name and current contact information for the new owner of the subject property. 18. This Comprehensive Permit shall be exercised, all conditions met, and the unit occupied within twelve (12) months of its issuance or it shall expire. Ordered: Comprehensive Permit number 2011-059 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeals as required by the Code Chapter 241, section 11 of the Town of Barnstable Administrative code. If after fourteen (14) days from that transmittal the members of the Zoning Board of Appeals take no action to reverse the decision, this decision shall become final and a copy shall.be 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. Laura F. Shufelt, Hearing Officer Date Signed. Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massach_ie st, h�S�' certify that twenty (20) days have elapsed since the Zoning Board of Appeals filled 'eCisionof 0 'd•e'�i`fh� that no appeal of the decisio P as be filed in the office of the Town Clerk. O :•. s'��i`: LU 4 M Signed and sealed this day o nder the pains ar�ly�en . ; Linda Hutchens er, Town Clerk 11t h00_ 5 _'__........ .. _........__.-...._ ...... Bk 26541 Pg 220 #4 3 2 0 5 6K 11.467 P62SS 39146 QUITCLAIM DEED i22 �,GC, WE, E. ALAN SINONEAU AND LINDA M. BIHQNEAU OF �WChepLn Rod Hudson, Ma 01749 FOR CONSIDERATION OF ONE HUNDRED TEN THOUSAND AND 00/100 (1101000.00)DOLLARS GRANT TO DAVID M. MALONEY OF 38 Pine Orove`Road H annis Ma 02601 2 + Y � - v WITH QUITCLAIM COVENANTS The land situated in Barnstable (Hyannis) Barnstable County, Massachusetts, described as follows: Shown as Lot 1 on a plan of land entitled: "Plan of Land . in Hyannis, Barnstable, Mass. for Richard DePamphilis drawn by J.J. A. Scale 1`- 40' Date: Dec. 18, 1973 Revised Jan. 22., 1974 Charles N. Savery, Inc. Registered Engineers Surveyors Hyannis, Mass." which said plan recorded with the Barnstable County Deeds in Book 280 Page 6. For title see deed recorded in Book 9378 Page 348. Executed as a sealed instrument this 29th day of May, 1998. 1l E. Alan moneau L nda M. S moneau ,1 Bk 26541 Pg 221 #43205 .. ,. BK11.46 7 PG256 S9146 COMMONWEALTH OF MASSACHUSETTS Barnstable: SS May 29, 1998 Then personally appeared the above named E. Alan Simoneau and Linda M. Simoneau and aoknowledg the foregoing instrument to be their free act and d , afore me Not ry Public Sf-AiJ . EAM My commission expires: { eb{67 BARNSTADLE VWNTY REGISTRY O DEEP', UEEDS REC 01 COUNTY EXCISE T BARNSTABLE D6/01/9 T* .80 C:K 250.80 376.20 14CK 376.20 DO?6 98QOA000 On�30 Oot111i 09:?O EXCISE TAX CDUHTY EXCISE TAX. QUITCLAIM DEED BARNSTABLE REGISTRY OF DEEDS Y3 Amnest Pro` ram C a e.s{ :1j+ ph .r t F Am, f h` in sable. 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(508) 862-4038 Certificate of Occupancy Application Number: 201204630 CO Number: 20130003 Parcel ID: 290159 CO Issue Date: 01103/13 Location: 38 PINE GROVE AVENUE Zoning Classification: RESIDENCE B DISTRICT Proposed Use: SINGLE FAMILY HOME Village: HYANNIS Gen Contractor: BALTIC COMPANY Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: Building Department Signature Date Signed TOWN OF BARNSTABLE Building �tHE Tpw 201204630 * BARNSTABLE, * Issue Date: 08/15/12 Permi t 9 MASS. �AriL 639.ok Applicant: Permit Number: B 20121923 0 MP Proposed Use: SINGLE FAMILY HOME Expiration Date: 02/12/13 Location 38 PINE GROVE AVENUE Zoning District RB Permit Type: AMNESTY W/CONSTR RESIDENTIAL Map Parcel 290159 Permit Fee$ 147:90 Contractor BALTIC COMPANY Village HYANNIS App Fee$ 50.00 License Num. 152372 Est Construction Cost$ 29,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND ACCESSORY AFFORDABLE APT.PROGRAM. CREATE ONE BEDROOM*ffirs CARD MUST BE KEPT POSTED UNTIL_ FINAL LOCATED IN THE BASEMENT-INTERIOR ONLY! INSPECTION HAS BEEN MADE. WHERE A' CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH. Owner on Record: MALONEY,DAVID M BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 38 PINE GROVE AVE INSPECTION HAS BEEN MADE. HYANNIS,MA 02601 Application Entered by: PR Building Permit Issued By: THIS PEP MIT'CONVEYS NO RIGHT TO OCCUPY ANY STREET.ALLEY OR SIDEWALK OR ANY PART.THEREOF,EITHER TEMPORARILY OR PERMANENTLY ENCROACHMENTS ON PUBLIC PROPERTY'NO SPECIFICALLY P.ERMITLED UNDER THE,BUILDING CODE;„MUST BE;APPROVED,,BY.THE JURISDICTIONS STREET 0R ALLEY:GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERSSMAY 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: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME.INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5. INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY, WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.I42A). N 11. '11,,WIN.m I'll,11-1 11 BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS 'ELECTRICAL INSPECTION APPROVALS 1 S—ej >Wx �8/wolz lelal � 3 1 Heating.Inspection Approvals Engineering Dept Fire Dept 2 ea h I`3�Zr�r3 ffi Town of Barnstable Zoning Board of Appeals Accessory Affordable Apartment Program Notice of Public Hearing under the Zoning Ordinance 6:00 P.M.—Wednesday,May 9,2012 To all persons interested_in or affected-by the Zoriing-Board of Appeals under Section 11;of Chapter 40A of the- General Laws of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that the following Public Hearing shall be held on Comprehensive Permit applications pursuant to Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-15 of the Code of the Town of Barnstable: Appeal No.2011-059 Maloney 4 Chapter 40B Comprehensive Permit David M.Maloney applied to the Zoning Board of Appeals for a Comprehensive Permit pursuant to MGL Chapter 40B and in accordance with Section 9-15 of the Code of the Town of Barnstable,the"Accessory Affordable Apartment Program."The applicant is seeking to create a one bedroom apartment located in the lower level of the owner occupied home. The property is addressed 38 Pine Grove Avenue Hyannis,MA:,and is shown on Assessor's Map 290,as Parcel 159. It is in RB Zoning District and a town Designated WP Zone of Contribution Appeal No.2012-013 Pearson Chapter 40B Comprehensive Permit James H.Pearson applied to the Zoning Board of Appeals for a Comprehensive Permit pursuant to MGL Chapter 40B and in accordance with Section 9-15 of the Code of the Town of Barnstable,the"Accessory Affordable Apartment Program."The applicant is seeking to create a studio sized-one bedroom apartment located in the lower level of the owner occupied home. The property is addressed 124 Seagate Lane Hyannis,MA and is shown on Assessor's Map 249;as Parcel 137. It is in RB Zoning District and a town Designated WP Zone of Contribution Hearing to Rescind Comprehensive Permit At the request of the Monitoring Agent,the following Show Cause Hearing shall be held to rescind Comprehensive Permit previously issued pursuant to MGL Chapter 40B and Section 9-15 of the Code of the Town of Barnstable: • Comprehensive Permit No. 2010-031 Cecere issued March 1,2011 to Steve Cecere Jr. for 67 Huckleberry Lane Marston Mills,MA as shown on Assessor's Map 102 as parcel 188. It is in RF Zoning District and a town Designated GP Zone of.Contribution These Public Hearings will be held at 6:00 P.M.in Barnstable Town Hall,367 Main Street,Hyannis,MA,Hearing Room,2nd Floor on Wednesday,May 9,2012. Plans and applications maybe reviewed at the Growth Management Department(3rd Floor Barnstable Town Hall), 367 Main Street,Hyannis,MA 02601,or for more information contact Cindy Dabkowski,Program Coordinator at 508-862-4743. Barnstable Patriot Laura F. Shufelt,Hearing Officer April 13,2012 and April 20,2012 Zoning Board of Appeals i i Bk 26541 Ps21 � � 1137-30-20 g-fir oF� 1659. Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and, Notice Comprehensive Permit No. 2011-059- Maloney Chapter 40B Comprehensive Permit Summary: Granted with Conditions Date: May 9, 2012 Applicants: David M. Maloney Property Address: 38 Pine Grove Avenue Hyannis, MA Assessor's.Map/Parcel: Map 290, Parcel 159 Zoning: RB Zoning District N Zone of Contribution: WP Wellhead Protection DistrictT' Recording Information: co Deed Reference: Book 11467 Page 255 . Date Application Filed February 10, 2012 Date Hearing"Opened May 9,"2012 Date of Decision (Closed): May 9, 2012 Property Ownership: The applicant is'David M. Maloney, who is the owner of 38 Pine Grove Avenue Hyannis as evidenced by a deed recorded in the Barnstable County Registry of Deeds on June 1, 1998 in Book 11467, Page 255. .A copy of which has been submitted for the record. Mr: Maloney occupies 38 Pine Grove Avenue Hyannis, MA as his primary residence. Relief:Requested: Mr. Maloney has applied for a Comprehensive Permit pursuant to Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with § 9-15 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program". The permit is sought.to allow for the creation of an affordable apartment accessory to a single family home as provided for in the Code of the Town of Barnstable and restricted to being affordable housing for qualified persons as required under Chapter 40B. The zoning relief necessary for this comprehensive'permit to be issued is that of a variance to Section 240'11 (A) Principal permitted uses"in a RB Zoning District to permit an accessory apartment unit within the:lower level of the dwelling: The issuance of this comprehensive permit would allow for a separate, approximately 650 square foot,one bedroom accessory affordable apartment. �r � i Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2011-059--Maloney Locus:. The subject property is a 0.37-acre lot located at 38 Pine Grove Avenue Hyannis, MA. The lot was developed in 1985, with a Cape Cod style home. The living area of the dwelling is approximately 1,326 square feet. Site Conditions The lot is served by public water and public sewer. The Town of Barnstable's Health department reviewed the application, and has no objections to a total of four(4) bedrooms for the entire property. Procedural & Hearing Summary: A site approval letter was issued for the property by Acting Town Manager Thomas K. Lynch on March 29, 2012 in accordance with MGL Chapter 40B and 760 CMR 56.00. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760 56.00. An application for a comprehensive permit was filed at the Town Clerk's Office on April 25, 2012. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on April 13, 2012 and April20, 201.2, and notices were sent to all abutters in accordance with MGL Chapter 408. The Public Hearing was opened on May 9, 2012 at 6:00 p.m. by the Hearing Officer Laura F• Shufelt. The applicant, David M. Maloney was present at the hearing. Cindy L. Dabkowski, Accessory Affordable Apartment Program Coordinator was also present. Laura F. Shufelt read the proposed conditions to the applicant. Mr. Maloney consented to the conditions. Mr. Maloney gave testimony as recorded in the hearing minutes filed with the Town Clerk. The Hearing Officer opened the hearing to public comment. No one spoke. The May 9,,2012 hearing was closed by the hearing officer at 6:30 p.m. On May 9, 2012 the hearing officer granted Comprehensive Permit No. 2011-059 with conditions. Findings of Fact: At the hearing on May 9, 2012 the Hearing Officer made the following findings of fact: .1. The applicant is David M. Maloney who is the owner and occupant of the property located at 38 Pine Grove Avenue Hyannis." 2. David M. Maloney was granted title to the property by deed recorded in the Barnstable County Registry of Deeds on June 1, 1998 in Book 11467 Page 255. 3. On March 29, 2012, a site approval letter was issued for the property by Acting Town Manager Thomas K. Lynch, in accordance with MGL Chapter 40B and 760 CMR 56.04 (4). Notice of the.site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of 760 CMR 56.04 (2), and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit is approximately 650 square feet in living area and is located within the lower level of the Cape Cod style home. 5. The applicant was informed that the AAAP unit shall meet all applicable health and 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. 2 I i Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2011-059—Maloney 6. The house is served by public water and public sewer. The proposal has been reviewed by Thomas McKean, Health Director, and he has no objections to a total of four(4) bedrooms at the property. 7. On February 10, 2012 the applicant David M. Maloney signed an Accessory Affordable Apartment Program affidavit that commits, upon the receipt of a Comprehensive Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants, in a form satisfactory to the Town Attorney, at the Barnstable County Registry of Deeds. These documents restrict the unit in perpetuity as an affordable rental unit and require that the principal dwelling be owner occupied as his primary residence. 8. The applicant is aware that the affordable unit shall be rented to a person or family whose income is 80% or less of the Area Median Income(AMI) of the Barnstable Metropolitan Statistical Area (MSA) and 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 August 31, 2011, 6.65% 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. 10. The Town of Barnstable's Comprehensive Plan encourages the adaptive reuse of existing housing stock to create affordable units and the dispersal of these units throughout Barnstable. Summary: The Hearing Officer ruled that the applicant David M. Maloney has standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal was 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. Conditions: Hearing Officer Laura F. Shufeit ruled to grant Comprehensive Permit No. 2011-059 with conditions in accordance with MGL Chapter 40B and Article II of Chapter Nine of the Code of the town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program" to the applicant, David M. Maloney who is the owner of the property located at 38 Pine Grove Avenue Hyannis. As seen on map 290 as parcel 159. This Comprehensive Permit allows for a one-bedroom apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two (2) people. 2. The total number of bedrooms on the property shall not exceed four(4). 3. The accessory unit shall NOT at any time be occupied by a family member of the owner. 4. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the AAAP 5. On February 15, 2012, the applicant was sent written copy of the inspection findings, submitted for record, that the unit must meet all applicable health and 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. 3 I Town of Barnstable,Zoning Board of Appeals c Decision and Notice,Comprehensive Permit No.2011-059—Maloney b. All parking for the accessory apartment and the principal dwelling shall at all times be on-site. On street parking for all structures.and uses on this property is expressly prohibited 7. Lodging or renting of rooms is prohibited for the duration of this Comprehensive Permit. 8. To meet affordability requirements, the rent charged (including utilities) shall not exceed 30% of 80% of the median income for a household for the Barnstable MSA (adjusted for family 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. The Town of Barnstable Growth Management Department shall be the monitoring agent for the accessory apartment. Annual monitoring shall include verification of tenancy, affordability, and compliance with Housing Quality Standards (HQS).The cost for HQS monitoring shall be covered by the homeowner. The fee for the initial monitoring of affordability and annual certification inspection of the accessory unit shall be the same as the Health Department fee for the rental registration program. 10. The applicant shall apply for a building permit for the accessory unit, whether the unit is_new or pre-existing. Before issuing an occupancy permit and certificate of compliance, the Building Commissioner shall determine that the unit conforms to the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division shall determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 11. The applicant may select his own tenant from the prospective tenants supplied by the Administrator of the Ready to Rent List. The tenant must meet the requirements of the Accessory Affordable Apartment Program. The tenant's income shall be reviewed and approved by the Growth Management Department. The applicant shall work with the AAAP Coordinator to provide necessary information and documentation of tenant income eligibility. 12. The unit shall be rented on an open and fair basis to an income eligible individual. Whenever a vacancy occurs, notice shall be given to the Growth Management Department and the applicant shall request potential tenants from the administrator of the Ready to Rent List. The applicant shall pay all fees associated with accessing the Ready to Rent List. In the event that the Ready to Rent List is not in effect as of the date that the Building Department issues its occupancy permit, the applicant may select the tenant after open and fair marketing, providing that documentation of the same is given to the AAAP Coordinator and the AAAP Coordinator Approves the tenant selection process. 13. Should the accessory affordable apartment become vacant the property owner shall immediately notify the Accessory Affordable Apartment Program Coordinator. The property owner shall also notify the AAAP Coordinator of their request for potential tenants from the Ready to Rent List Administrator. 14. Every twelve months the applicant shall review the income eligibility of the AAAP unit tenant. No later than a year from the date of issuance of this Comprehensive Permit, the applicant shall file with the AAAP Coordinator, as Monitoring Agent, an annual affidavit stating the rent charged and income of the unit tenant. The property owner and/or tenant shall provide the AAAP Coordinator any additional information deemed necessary to verify the information provided in the affidavit. 15. Upon any report from the Monitoring Agent that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or its Hearing Officer may hold a hearing to show cause as to why this permit should not be revoked. 4 i Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2011-059—Maloney S 16. 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 recorded at the Barnstable County Registry of Deeds 17. Should ownership of the subject property transfer the permit holder identified herein shall notify the AAAP Coordinator and provide, within 60 days of the date of transfer the name and current contact information for the new owner of the subject property. 18. This Comprehensive Permit shall be exercised, all conditions met, and the unit occupied within twelve (12) months of its issuance or it shall expire. Ordered: Comprehensive Permit number 2011-059 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeals as required by the Code Chapter 241, section 11 of the Town of Barnstable Administrative code. If after fourteen (14) days from that transmittal the members of the Zoning Board of Appeals take no action to reverse the decision, this decision shall become final and a copy shall be 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, Laura F. Shufelt, Hearing Officer Date Signed. I Linda Hutchenrider, Clerk of the'Town of Barnstable, Barnstable County, Massachuse so, h r certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed=Chcecision �id�:'�r`,tly that no appeal of the decisio as bep4 led in the office of the Town Clerk. 6. Signed and sealed this�day o /� nder the pains and�enal,.ti s'of erg rj: Linda Hutchenri er, Town Clerk 5 REGULATORY AGRP PM-P —"21312 a 01 " 4 6 99 AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 25th day of July,2012,by and between David M.Maloney of 38 Pine Grove Avenue"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 Pernrrit 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. PROJECI`SCOPE AND DESIGN; A The terms of this Agreement and Covenant regulate the property located.at 38 Pine Grove Avenue Hyannis, MA 02601as-further described :in deed recorded herewith as Barnstable County Registry of Deeds'Book 11467&Page 255. B. The Project.located at 38 Pine Grove Avenue 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.2011-05.9 and any plans submitted therewith and all applicable state;federal and municipal laws and regulations.Said ermit is recorded,herewith as Barnstable County Registry of Deeds Book p�&Page D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal residence in accordance with the terms of the comprehensive permit. lI: THE OWNER'S COVENANTS AND RESPONSIBILITIES A THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS.AS FOLLOW- 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.perpetuityfor_the public purpose of providing safe.and decent housing to persons earning at or below 80%of the area median income of Barnstable Metropolitan Statistical Area(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. _ 2. The Designated Affordable Unit shall be rented in perpetuityto-a household with a maximum income of 80%of the Area Median Income (AMI) of Barnstable 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 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 governmental g. CY or body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, i w mortgage note,or other instrument to which the Owner is a party 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 mining 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 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 MSA. In the event that utilities are separately metered,a utility allowance established bythe 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'tenanes.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. III. 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 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 MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. IV. 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 an fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. 2 i V. 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. VI. 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. VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions'bythe Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. VIII. 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 11467 &Page 255 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 deed recorded herewith as Barnstable County Registry of Deeds Book 11467&Page 255. . IX: 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)aotification bythe Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case maybe,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the propertywhich 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 i X. 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 @ 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. M. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. MI. 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 seal this 25th day of July 2012. O R BY r Printed: l� COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this 25th day of July 2012 before me,the undersigned notary public,personally appeared David M. Maloney,the Owner(s),proved to me through satisfactory evidence of identification,which were Massachusetts to be the person(s)whose name(s)is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. ta17 c Printed: Cindy L.Dabkowslti My Commission Expires:February 29,2016- J:, CINDY L. DABKOWSKI Notary Public Comm ONWEALTIi OF MASSACHUSE17S MY Commission Explres FebruorY 29, 2016 i TOWN OF BARNSTABLE BY: TOWN MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this day of 2012 before me,the undersigned notarypublic,personally appeared k a,5 . , Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of idea ' cation,which were cm, l ,to be the person whose name is signed on the preceding or attached document and acVh6wlidged to be that she signed it voluntarily for the stated purposes. Not Public Printed: i►L , maL( My Commission Expires: , r ,7 �� .ti0 5 I. T �. ��� �. r �� o� 9 � � d 141 atnx 7 7 vf51 7B � v c n I 1 { 1 Inspection Report— Building Department Date ' Address 47;�n e �d✓�- Referred B Pry �l�i cr Purpose of Call/Inspection F zo)i' V i b Reported to Site with�r�fAl Qocr\-a,-� Observations & Notes �GtS2�1 uNA ( ccconks+(,4 c��--� C66 PA,t-Y)- AO One C I Ll O� n , Cep ove- 41-vto U I'R, 4 , . TOWN OF Bj&N ABLE BUILDING PERMIT 4PLICATION Map Parcel* Application Health Division Date Issued Conservation Division Application Fee � '�, Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic OKH Preservation/ Hyannis Project Street Address _3B - Village 0L.1ari O?s Owner P640 Address'. 38 4Fr'b✓e- d--IE Telephone S09 '34&D I�V2'Z) Permit Request A- Cce:5=,!f%1 ✓rneo M hg 4C. r c� of dL- &-c4/ /n . /y+ ./ A " .k _ li.Ier�yr Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation _2R.cao Construction Type Lot Size ; Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. ,r Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing _new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑OtherZE Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal sto e ❑6s ❑ No Detached garage. ❑ existing ❑ new size_Pool: ❑existing ❑ new size _ Barn: ❑'existing .❑newer,size_ Attached garage: ❑existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: rDIP Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ + Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) L 1, A / 'S - �7�1-z6 i �7►3 Name /�1k PV/ Telephone Number / ( 7 Address,97��"`` 0� �edP License # �y y 70 Home Improvement Contractor# 15�23 72— Worker's Compensation # V VC5--315--3 0"7 92 -022_ ALL CONSTRUCTIONDEBRIS RESULTING F OM THIS PROJECT WILL BE TAKEN TO Yur -ag7/4 c1rs fo,se SIGNATURE DATE 017131112-- i i f i %y ' FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED G MAP/PARCEL NO. ADDRESS VILLAGE OWNER R , 3 _ ' DATE OF INSPECTION: r FOUNDATION FRAME s , INSULATION `a C FIREPLACE ELECTRICAL: ROUGH FINAL ` PLUMBING: ROUGH FINAL GAS: ROUGH FINAL 1 FINAL BUILDING C a P E DATE CLOSED OUT ASSOCIATION PLAN NO. r The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insnrance Affidavit: Builders/Contractors/EIectridans/Plumbers Applicant Information Please Print Legibly_ Name (Business(Orgmiization/Individud): L l( C C ON P A 1 City/State/Zip: �( �� ��OZ6�2 Phone.#: 7'81' Z 6. 7 17 3 Are you an employer? Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I 6. ❑New construction . employees(full and/or pact-time).* have hired the sub-contractors _ 2.❑ I am a'sole proprietor or partner- ��on the attached sheet 7.�Remodeling ' ship and have no employees These sub-conlxactors have g• ❑Demolition employees and have workers' wotl ing for me in any capacity. $ 9. ❑Building addition [No workers' comp-mstrranrr_ Q°�''mm"'a" 10. Electrical repairs or additions required] 5. We are a corporation and its ❑ p 3.❑ I am a homeowner doing all work officers have exercised their I Ln Plumbing repairs or additions myscl£[Na workers' comp. rigbt bf exemption per MGL 12.❑Roof repairs insurance regnirt:d.] t c. 152, §1(4), and we have no 13.❑Other employees. [No workers' comp.insurance required] tAmy applicant that checks box#1 must also fill out the section below showing their wmimrs'conp==t}on policy infommatim-, t Hameown=who submit this affidavit indicating 1hcy are doing all work and then hire outside contractors must submit anew affidavit indicating such. TCantractors that check this box nest attached an additional chest showing the name of the sub-contractors and stage whether or not$ros6 entities have employees. If the sub-c=hwtom have employees,they must providt;their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the polity aced job site information. Insurance Company Name: H - Policy#or Self-ins.Lic.#: 'W C —3�5 ' 3 9`► 9 Z� —0 2-2- Expintion Date: a Job Site Address: e t�/`-)'re City/State/Zip: a-'.-n k}S - Attach a copy of the workers' compensation policy declaration page(showing the policy n er and expiration date). Fail=to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of crimiial penalties of a fine tip to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the farm of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statemmit maybe forwarded to the Office of _ Investigations of the DIA for Tmsance coverage verification. I do hereby certify u the pains•and penalties of perjury that the information provided abovee is true and correcL Si c. Date: Phone# ���"'Z ,�7 '— l 7 Offcial use only. Do not write in this area,to be completed by city or town officiaL City or Town: PermitlLicense# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Towu Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#: OpIKETp Town of Barnstable Regulatory Services M i u"'RK "BHAS& � ` Thomas F. Geiler,Director r�o �a Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable_ma.us Office: 508-862-403 8 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize Z�/�/�S Vl 1trS k#y to act on my behalf, in all.matters relative to work authorized by this building permit application. for: 144/ z C 0 f . (Address of Job) Signa re of Owner ate ,o/`" Print Name if Property Owner is applying for permit please complete the Homeowners License Exemption Form on th:e reverse side. Town of Barnstable of JHE r ti yw o Regulatory Services sAxxsrwsrr, " Thomas F. Geiler, Director MASS.. q, i639. Building Division �TED �P. Tom Perry,Building Conunissioner 200 Main Street, Hyannis, N4A 02601 , Rrmv.tovt'n.barnstabl e.ma.us Office: 508-862-4038 Fax: 508-790-62.30 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number street village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. • DEFINITION OF HOMEOWNER Person(s) who owns a parcel of land on which.he/she resides or intends to reside, on which there is, or is intended to be, a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures, A person who constructs more than one home in a two-year period shall not be considered a homeowner, Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building uermst. (Section 109,1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements, Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: ,Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section Section Io9.1.,l-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would xrith a licensed Supervisor. The homcowncr acting as Supervisor is ultimately responsible, To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Massachusetts - Depart►nont of Public SOON Board of Building; Relgulations and Standards Construction Supervisor License License: CS 94476 LINAS REVINSKAS 120 - 87 CAMP OPECHEE RD CENTERVILLE, MA 02632 Expiration: 10/2/2013 (lrnunissiuner Tr#: 6178 ��ie. °o"�rc°ouveall� ./�aaaac%reet�a License or registration valid for individul use only Office of Consumer Affairs&B siness Regulation j g y HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Registration:, -1,52372 Type: Office of Consumer.Affairs and Business Regulation Expiration: 8%23%2012 DBA ! 10 Park Plaza-Suite 5170 a Boston,MA 02116 BA IC COMPANY" ? _.' al r F i LINAS REVINSKAS 447 V1/INSL01/V S YARMOUTH, Jy. o tunrsre l utsignare REGULATORY AGR&PNig3p�ft—201 2 AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 25th day of July,2012,by and between David M.Maloney of 38 Pine Grove Avenue 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 38 fine Grove Avenue Hyannis, MA 02601as further described in deed recorded herewith as Barnstable Gaounty Registry of Deeds Book 11467&Page 255. B. The Project located at 38 Pine Grove Avenue 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.2011-05.9 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_� &Page = _• D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal" residence in accordance with the terms of the comprehensive.pern'it. II: THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOW: 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 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.n perpetuityto a household with a maximum income of 80% of the Area Median Income(AMI):of Barnstable 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 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 party 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 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 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. III. MUNIOTALITY 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 perpetuityto a household with a maximum income of 80%or less of the Area Median Income(AM) of Barnstable 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 MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. f - 2 f V. 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. VI. 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. VII. 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 attorneys fees necessitated by such actions. VIII. 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 11467 & Page 255 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 deed recorded herewith as Barnstable County Registry of Deeds Book 11467&Page 255. . IX: 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 CountyRegistry of Deeds or Barnstable CountyRegistry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the propertywhich 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 f X. 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(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. M. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation'of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry pf 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. I MI. MORTGAGEE COME: 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 seal this 25th day of July 2012. OWNER BY r 5igaa Printed:14yta M• 1 a).6 COMMONWEALTH OP MASSACHUSEM County of Barnstable,ss: On this 25th day of July 2012 before me,the undersigned notary public,personally appeared David M. Maloney,the Owner(s),proved to me through satisfactory evidence of identification,which were Massachusetts to be the person(s)whose name(s)is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. tary PuBlic Printed: Cindy L.Dabkowski My Commission Expires:February 29,2016. CINDI 1, DA110W11I Notary Public COMMONWEALTH OF MASSACHUSETTS My COmm1381on Expires February 29, 2016 TOWN OF BARNSTABLE BY: TOWN KANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this day of 2012 before me,the undersigned notary public,personally appeared n s k, Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of idea ' cation,which were l L-q �cJL ,to be the person whose name is signed on the preceding or attached document and ackn6wl dged to be that he/she signed it voluntarily for the stated purposes. No Public Printed: I r2LL, fat /r��Ci�CG My Commission Expires:jQf Jf`,P �,��•`�'� E MAY a'' '�a',����': Cd .� Au' j•'.�T <.Z 5 07-30-2012 & O 1 % 46o �ArFO MAy�' Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and, Notice Comprehensive Permit No.2011-059— Maloney Chapter 40B Comprehensive Permit Summary: Granted with Conditions Date: May 9, 2012 Applicants: David M. Maloney Property Address: 38 Pine Grove Avenue Hyannis, MA Assessor's,Map/Parcel: Map 290, Parcel 159 Zoning: RB Zoning District {�' m Zone of Contribution: WP Wellhead Protection District n,?. Recording Information: 00 - --� Deed Reference: Book 11467 Page 255 Date Application Filed February. 10, 2012 > Date Hearing Opened May 9, 2012 ' Date of Decision (Closed): May 9, 2012 Property Ownership: The applicant is David M. Maloney, who is the owner of 38 Pine Grove Avenue Hyannis as evidenced by a deed recorded in the Barnstable County Registry of Deeds on June 1, 1998 in Book 11467, Page 255. A copy of which has been submitted for the.record. Mr, Maloney occupies 38 Pine Grove Avenue Hyannis, MA as his primary residence. Relief Requested: Mr..Maloney has applied for a Comprehensive Permit pursuant to Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with § 9-15 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program". The permit is sought.to allow for the creation of an affordable apartment accessory to a single family home as provided for in the Code of the Town of Barnstable and restricted to being affordable housing for qualified persons as required under Chapter 406: The zoning relief necessary for this comprehensive permit to be issued is that of a variance to Section 240-11 (A) Principal permitted uses-in a RB Zoning District to permit an accessory apartment unit within the lower.level of the dwelling. The issuance of this comprehensive permit would allow for a 'separate, approximately 650 square foot, one bedroom accessory affordable apartment. Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2011-059—Maloney Locus:. The subject property is a 0.37-acre lot located at 38 Pine Grove Avenue Hyannis, MA. The lot was developed in 1985, with a Cape Cod style home. The living area of the dwelling is approximately 1,326 square feet. Site Conditions The lot is served by public water and public sewer. The Town of Barnstable's Health department reviewed the application, and has no objections to a total of four (4) bedrooms for the entire property. Procedural & Hearing Summary: A site approval letter was issued for the property by Acting Town Manager Thomas K. Lynch on March 29, 2012 in accordance with MGL Chapter 40B and 760 CMR 56.00. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760 56.00. An application for a comprehensive permit was filed at the Town Clerk's Office on April 25, 2012. A public hearing before the Zoning Board of Appeals Hearing Officer was.duly advertised in the Barnstable Patriot on April 13, 2012 and April20, 2012, and notices were sent to all abutters in accordance with MGL Chapter 40B. The Public Hearing was opened on May 9, 2012 at 6:00 p.m. by the Hearing Officer Laura F. Shufelt. The applicant, David M. Maloney was present at the hearing. Cindy L. Dabkowski, Accessory . Affordable Apartment Program Coordinator was also present. Laura F. Shufelt read the proposed conditions to the applicant. Mr. Maloney consented to the conditions. Mr. Maloney gave testimony as recorded in the hearing minutes filed with the Town Clerk. The Hearing Officer opened the hearing to public comment. No one spoke. The May 9,,2012 hearing was closed by the hearing officer at 6:30 p.m. On May 9, 2012 the hearing officer granted Comprehensive Permit No. 2011-059 with conditions. Findings of Fact: At the hearing on May 9, 2012 the Hearing Officer made the following findings of fact: .1. The applicant is David M. Maloney who is the owner and occupant of the property located at 38 Pine Grove Avenue Hyannis." 2. David M. Maloney was granted title to the property by deed recorded in the Barnstable County Registry of Deeds on June 1, 1998 in Book 11467 Page 255. 3. On March 29, 2012, a site approval letter was issued for the property by Acting Town Manager Thomas K. Lynch, in accordance with MGL Chapter 40B and 760 CMR 56.04 (4). Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of 760 CMR 56.04 (2), and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit is approximately 650 square feet in living area and is located within the lower level of the Cape Cod style home. 5. The applicant was informed that the AAAP unit shall meet all applicable health and 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. 2 nJ • Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2011-059—Maloney r 6. The house is served by public water and public sewer. The proposal has been reviewed by Thomas McKean, Health Director, and he has no objections to a total of four(4) bedrooms at the property. 7. On February)0, 2012 the applicant David M. Maloney signed an Accessory Affordable Apartment Program affidavit that commits, upon the receipt of a Comprehensive Permit,to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants, in a form satisfactory to the Town Attorney, at the Barnstable County Registry of Deeds. These documents restrict the unit in perpetuity as an affordable rental unit and require that the principal dwelling be owner occupied as his primary residence. 8. The applicant is aware that the affordable unit shall be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of the Barnstable Metropolitan Statistical Area (MSA) and 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 August 31, 2011, 6.65% 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. 10. The Town of Barnstable's Comprehensive Plan encourages the adaptive reuse of existing housing stock to create affordable units and the dispersal of these units throughout Barnstable. Summary: The Hearing Officer ruled that the applicant David M. Maloney has standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's'Accessory Apartment Program. The proposal was 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. Conditions: Hearing Officer Laura F. Shufelt ruled to grant Comprehensive Permit No. 2011-059 with conditions in accordance with MGL Chapter 40B and Article II of Chapter Nine of the Code of the town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program" to the applicant, David M. Maloney who is the owner of the property located at 38 Pine Grove Avenue Hyannis. As seen on map 290 as parcel 159. This Comprehensive Permit allows for a one-bedroom apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two (2) people. 2. The total number of bedrooms on the property shall not exceed four(4). 3. The accessory unit shall NOT at any time be occupied by a family member of the owner. 4. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the AAAP 5. On February 15, 2012, the applicant was sent written copy of the inspection findings, submitted for record, that the unit must meet all applicable health and 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. 3 Town of Barnstable,Zoning Board of Appeals e Decision and Notice,Comprehensive Permit No.2011-059—Maloney 6. All parking for the accessory apartment and the principal dwelling shall at all times be on-site. On street parking for all structures and uses on this property is expressly prohibited 7. Lodging or renting of rooms is prohibited for the duration of this Comprehensive Permit. 8. To meet affordability requirements, the rent charged (including utilities) shall not exceed 30% of 80% of the median income for a household for the Barnstable MSA (adjusted for family 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. The Town of Barnstable Growth Management Department shall be the monitoring agent for the accessory apartment. Annual monitoring shall include verification of tenancy, affordability, and compliance with Housing Quality Standards(HQS). The cost for HQS monitoring shall be covered by the homeowner. The fee for the initial monitoring of affordability and annual certification inspection of the accessory unit shall be the same as the Health Department fee for the rental registration program. 10. The applicant shall apply for a building permit for the accessory unit, whether the unit is.new or pre-existing. Before issuing an occupancy permit and certificate of compliance, the Building Commissioner shall determine that the unit conforms to the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division shall determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 11. The applicant may select his own tenant from the prospective tenants supplied by the Administrator of the Ready to Rent List. The tenant.must meet the requirements of the Accessory Affordable Apartment Program., The tenant's income shall be reviewed and approved by the Growth Management Department. The applicant shall work with the AAAP Coordinator to provide necessary information and documentation of tenant income eligibility. 12. The unit shall be rented on an open and fair basis to an income eligible individual. Whenever a vacancy occurs, notice shall be given to the Growth Management Department and the applicant shall request potential tenants from the administrator of the Ready to Rent List. The applicant shall pay all fees associated with accessing the Ready to Rent List. In the event that the Ready to Rent List is not in effect as of the date that the Building Department issues its occupancy permit, the applicant may select the tenant after open and fair marketing, providing that documentation of the same is given to the AAAP Coordinator and the AAAP Coordinator Approves the tenant selection process. 13. Should the accessory affordable apartment become vacant the property owner shall immediately notify the Accessory Affordable Apartment Program Coordinator. The property owner shall also notify the AAAP Coordinator of their request for potential tenants from the Ready to Rent List Administrator. 14. Every twelve months the applicant shall review the income eligibility of the AAAP unit tenant. No later than a year from the date of issuance of this Comprehensive Permit, the applicant shall file with the AAAP Coordinator, as Monitoring Agent, an annual affidavit stating the rent charged and income of the unit tenant. The property owner and/or tenant shall provide the AAAP Coordinator any additional information deemed necessary to verify the information provided in the affidavit. 15. Upon any report from the Monitoring Agent that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or its Hearing Officer may hold a hearing to show cause as to why this permit should not be revoked. 4 I , Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No,2011-059—Maloney r 16. 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 recorded at the Barnstable County Registry of Deeds 17. Should ownership of the subject property transfer the permit holder identified herein shall notify the AAAP Coordinator arid provide, within 60 days of the date of transfer the name and current contact information for the new owner of the subject property. 18. This Comprehensive Permit shall be exercised, all conditions met, and the unit occupied within twelve (12) months of its issuance or it shall expire. Ordered: Comprehensive Permit number 2011-059 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeals as required by the Code Chapter 241, section 11 of the Town of Barnstable Administrative code. If after fourteen (14) days from that transmittal the members of the Zoning Board of Appeals take no action to reverse the decision, this decision shall become final and a copy shall be 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. Laura F. Shufelt, Hearing Officer Gate Signed. I Linda Hutchenrider, Clerk of the'Town of Barnstable, Barnstable County, lvtassachuse��, h r��� ��lit' rt certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed-th' efiision p that no appeal of the decisio� as be iled in the office of the Town Clerk. UJ %Q" Signed and sealed this , `�day nder the pains an'05jDa(fi�. 46f erjury == Linda Hutchens er, Town Clerk 5 a v 31 m 9 ` 12 , �o F ., 2u- ; N • N o � 1 sk c a IS zip -+ t t q 4 i_ J . e A I a i! f1a a 0?iV I ._' MIA�( 1 ; a 3 � d � d t r 0.(0 0 Town of Barnstable errrut# 'L Expires 6 ntonihsfront issue date °^ Regulatory Services Fee BARNSTABLE, ye MASS. g Thomas F. Geiler,Director lj i639 �rFD MP't A Building Division . Tom Perry,CBO, Building Commissioner 200 Main Street,.Hyannis,MA 02601 www.town.bamstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number Property Address r l Vim`' C�_ Residential Value of Work Minimum fee of$25.00 for work under$6600.00 Owner's Name&Address �,P�/�, f Contractor's Name ��v Telephone Number Home Improvement Contractor License#(if applicable) . Construction Supervisor's License#(if applicable) ('1 r, IkWorkman's Compensation Insurance Check one: �A����ABLE ❑ I am a sole proprietor -TOWN ®� ❑ I am the Homeowner I have Worker's Compensation Insurance h A Insurance Company Name \,—A".3i Workman's Comp.Policy# U� �� \ �`� � 'C> Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) \., Re-roof(stripping old shingles) All construction debris will be taken to Qjt6,5�� V��— ❑ Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side; #of doors ❑ Replacement Windows/doors/sliders,U-Value (maximum.44)#of windows *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. 'Note: Property.Owner must sign Property Owner Letter of Permission. A copy of the a Improv ment Contractors License&Construction Supervisors License is required. SIGNATURE: Q:\WPFILES\FORMS\building pernut forms\EXPRESS.doc Revised 090809 n ..S p YHF r Town of ]Barnstable Regulatory Services �'"BUM- Thomas F. Geiler,Director 039. Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 5087790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this b ' ding permit application for. (Address of Job) Signature of Owner Date P t ame If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. 0:FORMS:OWNERPERM1SS10N Town of Barnstable F'tHF Tp� Regulatory Services " Thomas F. Geiler,Director » x • ILkMSTABLE, • . 9�A039. amp Building Division Jfo � Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: ' number street village "HOMEOWNER name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license.provided that the owner acts as Supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or'intends to reside, on which there is,or is intended to be, a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one'home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section.109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department. minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions' of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a persons)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that helshe understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may,care t amend and adopt such a fomi/certification for use in your community. QAWPFILES\FORMS\homeexempt.DOC lassachusetts The Commonwealth of Department of Industrial Accidents Office oflnvestigations 600 Washington Street L Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly 10 Name (Business/Organization/Individual): , Address: CA ' � 1 City/State/Zip: Vef u .I I 17e A&fir Phone M 576S A -�qtcc Are you an employer? Check the appropriate box: Type of project(required): 1. I am a em to er with . 4. ❑ I am a general contractor and I p y 6. ❑New construction employees (full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet. T ❑ Remodeling ship and have no employees These sub-contractors have g, ❑ Demolition working for me in any capacity. employees and have workers' 9. ❑ Building addition [No workers' comp. insurance comp. insurance.# required.] 5. ❑ We are a corporation and its 10.❑ Electrical repairs or additions 3.❑ 1 am a homeowner doing all work officers have exercised their I LE] Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑ Roof repairs. insurance required.] t c. 152, §1(4),and we have no employees. [No workers' 13.❑ Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy andjob site information. i Insurance Company Name: kr� � J V.4" Policy#or Self-ins. Lic.M. ` 41-3 VA-0VC�Expiration Date: Job Site Address: ��Sy'� Qd C? City/State/Zip: V_AM't ,3 j Attach a copy of the workers' compensation policy declaration page(showing the policy numbAr and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK.ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for ' surance coverage verification. I do hereby ert under t pa" s a penalties of perjury that the information provide ab,ve is true and correct. Signature: Date: Phone#: Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1. Board of Health 2.Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone M i Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide Workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as "an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, consfniction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer.' MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary,supply sub-contractors)name(s), address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies (LLC)or Limited Liability Partnerships(LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Torun Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license,number which will be used as a.reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address" the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 Tel. # 617-72774900 ext 406 or 1-877-MASSAFE Fax # 617-727-7749 Revised 4-24-07 www.mass.gov/dia I From:Kathy Geddis FaxID:Northwood Insurance Page 3 of 3 Date:9/2312009 11:37 AM Page:3 of f 9/.4/2C09 11:00:02 AM PST (GMT-8) FROM: insurancevisions.com-TO: 15083932955 Page: 3 of 3 ac-R CERTIFICATE OF LIABILITY INSURANCE °AT9/412°°>YrYY, 9/ 2 09 PRODUCER NORTHWOOD ESHBAUGH INS AGCY INC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 540 MAIN STREET SUITE 9 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HYANNIS, MA 02601 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (508)540-1223 INSURERS AFFORDING COVERAGE NAIC# INSURED DEAN F STANLEY BUILDING CONTRACTOR INC INSURERA: LIBERTY MUTUAL 359 CAPT LIJAHS ROAD. INSURERB: CENTERVILLE MA 02632 INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AIDD POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONTYPE OF INSURANCE DATE fMMIDDIYYYYI. DATE(MfdfDDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE COMMERCIALGENEtALLIABILITY T R PREMISES Ea occurrence $ CLAIMS MADE OCCUR MED EXP Any one person $ PERSONAL R ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ ---PGL C'--- PRO - LOG- ——= -------- --------- - - -- . AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $- NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR EI CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION WC1-31 S-374314-019 8131/2009 8/31/2010 WC STATrU OTH- AND EMPLOYERS'LIABILITY Y I N I ER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 100000 OFFICER/MEMBER EXCLUDED? r (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1'00000 Ifyes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The workers' compensation policy provides coverage only for the state of MA as noted in section 3A of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION TOWN OF YARMOUTH . DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 7 DAYS WRITTEN 507 BUCK ISLAND RD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL _ WEST YARMOUTH MA 02673 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE - ' �/ze �amnw�z�uea��i o�✓�aaaczc�iuoelta !, Board of Building Regulatio s and Standards License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Board of Building Regulations and Standards Registraat,onc.,132149 One Ashburton Place Rm 1301 Expiration'11/28/2010 Tr# 278086 Boston,Ma.02108 Type-lnd'ir€dual DEAN F. STANLEY— � DEAN STANLE r -— 359 CAPT.LIJAH RD ,.:aQ-p •` _ CENTERVILLE,MA 02632 Administrator Not valid without signa ur Nlassachusctts Dcpar-tmcnt cif.Public Safct� .:. Board of Buildinfx Construction SRe,,ulations and St.lndard� pervisor License License: CS 35037 Resfricted to 00 'DEAN F STANLEY 359 CAPTAIN LIJAH RD CENTERVILLE, MA 02632 t (onmiissi nor Expiration: 1/1,9/2012 Tr#: 12334 . I Parcel Detail A Pagel of 3 •� �+:•�W._ \V /..-j//�-7. ! jpr`S _i 1 1 aria; C Logged In As: Pa rcei Detail T rsd�brua Parcel Lookup Parcel Info Parcel ID 290-159�' 1 Developer LOT 1 1 Location 38 NE GROVE AVENUE I Pri Frontage 100 Sec R ad !� I Sec Frontage vill age HYANNIS % Fire District HYANNIS Sewer Acct 2483 /fr Road Index 1249 Interactive 1 t i Map Owner Info owner MALONEY, DAVID M I Co-Owner Streetl 38 PINE GROVE AVE Street2 City HYANNIS State MA zip 02601 Country US Land Info Acres 0.37 Use Rooming Hs MDL-01 Zoning RB N hbd 0105 g Topography Road -- Utilities Location Construction Info Building I of. I Year Built 1985 I S ruct Gable/Hip w ll Wood Shingle ' Effect Roof Area 1651 I Cover Asph/F GIs/Cmp I Type None Style Cape Cod Wall -DrywallRooms 6 Bedrooms Model Residential Int Bath Floor I Rooms 5 Full { Grade Average I Heat Hot Water Total Type Rooms 8 Rooms http://issgl2/intranet/propdata/Parcell)etail acny9TTl—)oao,< r. MLS Page 1 of 3 4 Listing Summary Listing #20705863 38 Pine Grove Ave, Hyannis, MA 02601 Active (05/19/07) DOM/CDOM: 191/454 $325,000 (LP) Sq Ft: 1503* Lot Sz: 16117sgft* Town: Barn Yr: 1985* Remarks Picture ', REDUCED$25,000 for quick sale. „ - - - This property was built as a 3 bedroom, 2 bath home with the rightrt� to rent to 3 additional lodgers. THIS IS NOT a 4 unit dwelling. Home comes with 3 additional € "` #_Y •�' ` bedroom/bath suites with private entrances as well as interior access. 4 Property must be owner-occupied to lease out rooms. Rooms rent for u $150 week on average. Owners Additional Pictures l I m tm� Pictures.(10). Attached Docs See Maa Agent Margo Pisacano � (ID:U1SA)Primary:508-775-4440 Secondary:508-771-1994 x106 Office Seaport Village Realty(ID:SEAVR)Phone:508-771-1994,FAX:508-771-1984 Property Type Income/Multi Family Property Subtype(s) Converted Status Active(05/19/07)(reduced for quick sa) Town Barnstable Commission Sub Agent Comm. Buyer Agent Comm. Dual Agent Comm. Dual Var Comm 0% 2.5% 2.5% Yes Facilitator Comm 2.5% Listing Type Excl. Right to Sell County Barnstable Tax ID 290-159-0-0-BARN Year Built 1985* Year Built Desc. Approximate Approx Square Feet 1503* Sq Ft Source Assessors Records Lot Sq Ft(approx) 16117* Lot Acres(approx) 0.370 Lot Size Source (Assessors Records) Publish To Internet Yes Listing Date 05/19/07 Owner Name David M Maloney All Office Remarks Withdrawn for the holidays but still for sale.All buyers must verify town records for their own use.Buyers must occupy to lease out up to 3 rooms.Rooms must have interior and exterior access.Property abuts wetlands. $2000 carpet allowance-just because-not really needed Directions to Property West Main St to Pine Grove Rd Listing Page Commission-Other nla Showing Instructions Appointment Req.,Call Listing Office,Tenant,Yard Sign General Page http://ccimis.rapmis.com/scripts/mgrqispi.dll?APPNAME=Capecod&PRGNAME= 11/28/2007 i -! MLS Page 2 of 3 Zoning Residential Number of Units 3 Basement Description Finished,Full,Walk Out Foundation Concrete,Poured Topography/Lot Desc. Gentle Slope,Wooded Lot Depth 0 Parking Guest,Paved Driveway Garage No #of Cars 0 Waterfront No Water View No Convenient To House of Worship, In Town Location,Marina,Medical Facility,School,Shopping Miles to Beach 1 to 2 Beach/Lake/Pond Sea St Beach Water Access Marina,Ocean Beach Description Ocean Beach Ownership Public Interior Page Interior Features Attic Storage,HU Dryer-Electric,HU Washer Unit 1 Rooms 1 Unit 1 Bedrooms 0 Unit 1 Full Baths 1 Unit 1 Half Baths 0 Unit 1 Floors/Levels 1.0 Unit 1 Fir/Lvl Desc End Unit,Second Floor Unit 1 Leased Yes Unit 1 Lease Expires TAW Unit 1 Monthly Rent $550 Unit 1 Features Deck,Refrigerator,Vinyl Floor,Wall To Wall Unit 2 Rooms 1 Unit 2 Bedrooms 0 Unit 2 Full Baths 1 Unit 2 Half Baths 0 Unit 2 Floors/Levels 1.0 Unit 2 FIr/Lvl Desc Lower Level Unit 2 Leased No Unit 2 Monthly Rent $600 Unit 2 Features Refrigerator,Vinyl Floor,Wall To Wall Unit 3 Rooms 1 Unit 3 Bedrooms 0 Unit 3 Full Baths 1 Unit 3 Half Baths 0 Unit 3 Floors/Levels 1.0 Unit 3 FIr/Lvl Desc Lower Level Unit 3 Leased No Unit 3 Monthly Rent $600 Unit 3 Features Refrigerator,Vinyl Floor,Wall To Wall Unit 4 Rooms 0 Unit 4 Bedrooms 3 Unit 4 Full Baths 2 Unit 4 Half Baths 0 Unit 4 Floors/Levels 2.0 Unit 4 FIr/Lvi Desc First Floor,Second Floor Unit 4 Leased No Unit 4 Lease Expires Owner Unit 4 Monthly Rent $0 Unit 4 Features Deck,Dining Area,Dishwasher,Dryer-Electric,Electric Meter,Electric Stove,Furnace,Gas Meter,HU Cable,Refrigerator,Vinyl Floor,Wall To Wall Exterior Page Pool No Dock No http://ccimis.rapmis.com/scripts/mgrgispi.dll?APPNAME=Capecod&PRGNAME= 11/28/2007 i IVILS Page 3 of 3 Exterior Features Deck,Exterior Lighting, Insulated Doors,Insulated Windows Roof Description Asphalt,Pitched Siding Description Clapboard,Shingle Mechanical Page Heating/Cooling 3+Zone Heat,Electric,Hot Water,Natural Gas Water/Sewer/Utility Cable,Electricity,Gas,Telephone,Town Sewer,Town Water Hot Water/Water Heat Natural Gas LandLord Pays Electricity,Gas,Heat,Hot Water,Rubbish Removal,Sewer,Water,Yard Maintenance Legal/Tax Page Annual Tax $2763 Tax Year 2007 Land Assessments $148800 Improvement Asmt $194500 Other Assessments $0 Total Assessments $343300 Annual Betterment $0.00 Unpaid Betterment $0.00 To Be Assessed Unknown Mass Use Code 101-Single Family Title Reference-Book 11467 Title Reference-Page 255 Land Court Cert# 0 Underground Fuel Tnk No Lead Paint No Asbestos No Flood Zone Unknown Denotes information autofilled from tax records. Information has not been verified,is not guaranteed,and is subject to change.Copyright 2006 Cape Cod&Islands Multiple Listing Service, Inc.All rights reserved Copyright©2007 Rapattoni Corporation.All rights reserved. http://ccimis.rapmis.com/scripts/mgrqispi.dll?APPNAME=Capecod&PRGNAME= 11/28/2007 i MILS Pagel of 3 Listing.Summary Listing #20705863 38'"Pine-GCOVe;- ve-#3;Hyannis, MA 02601 Active (05/19107) DOM/CDOM 2/0 } I $359,900 (LP) Sq Ft: 1503* of Sz: 16117sgft* Town: Barn Yr: 1985* _� Remarks .Picture Opportunity! Income! And price! All rolled into one. This property was € l f / built as a 3 bedroom, 2 bath home ( ,, � with the right to rent to 3 additional I : I lodgers. THIS IS NOT a 4 unit ' l dwelling. Home comes with 3 additional bedroom/bath suites with private entrances as well as interior e access. Property must be owner- H�kt occupied to lease out rooms. Rooms rent for$150 week on average. x , 3 Additional Pictures ' / - - �€ g i £Pictures 10 Attached Docs See Map' Agent Margo Pisacano (ID:U1SA)Primary:508-775-4440 Secondary:508-771-1994 x106 Office Seaport Village Realty(ID:SEAVR)Phone:508-771-1994,FAX:508-771-1984 Property Type Income/Multi Family Property Subtype(s) Converted Status Active(05/19/07) Town Barnstable Commission Sub Agent Comm. Buyer Agent Comm. Dual Agent Comm. Dual Var Comm 0% 2.5% 2.5% Yes Facilitator Comm 2.5% Listing Type Excl.Right to Sell County Barnstable Tax ID 290-159-0-0-BARN Year Built 1985* Year Built Desc. Approximate Approx Square Feet 1503* Sq Ft Source Assessors Records Lot Sq Ft(approx) 16117* Lot Acres(approx) 0.370 Lot Size Source (Assessors Records) Publish To Internet Yes Listing Date 05/19/07 Owner Name David M Maloney All Office Remarks All buyers must verify town records for thie own use.Buyers must occupy to lease out up to 3 rooms. Rooms must have interior and exterior access Directions To Property West Main St to Pine Grove Rd Listing Page Commission-Other n/a I Showing Instructions Appointment Req.,Call Listing Office,Tenant,Yard Sign General Page Zoning residentila http://ccimis.rapmis.com/scripts/mgrqispi.dll 5/21/2007 f MLS Page 2 of 3 Number of Units 3 Basement Description Finished,Full,Walk Out Foundation Concrete,Poured Topography/Lot Desc. Gentle Slope,Wooded Lot Depth 0 Parking Guest,Paved Driveway Garage No #of Cars 0 Waterfront No Water View No Convenient To House of Worship,In Town Location,Marina,Medical Facility,School,Shopping Miles to Beach 1 to 2 i Beach/Lake/Pond Sea St Beach Water Access Marina,Ocean Beach Description Ocean Beach Ownership Public Interior Page Interior Features Attic Storage,HU Dryer-Electric,HU Washer ( Unit 1 Rooms 1 Unit 1 Bedrooms 0 Unit 1 Full Baths 1 ( Unit 1 Half Baths 0 Unit 1 Floors/Levels 1.0 1 Unit 1 FIr/Lvl Desc End Unit,Second Floor Unit 1 Leased Yes Unit 1 Lease Expires TAW Unit 1 Monthly Rent $550 Unit 1 Features Deck,Refrigerator,Vinyl Floor,Wall To Wall [ Unit 2 Rooms 1 [ Unit 2 Bedrooms 0 Unit 2 Full Baths 1 Unit 2 Half Baths 0 1 i Unit 2 Floors/Levels 1.0 Unit 2 FIr/Lvl Desc Lower Level ) Unit 2 Leased No Unit 2 Monthly Rent $600 1 Unit 2 Features Refrigerator,Vinyl Floor,Wall To Wall i Unit 3 Rooms 1 ? Unit 3 Bedrooms 0 Unit 3 Full Baths 1 3 Unit 3 Half Baths 0 Unit 3 Floors/Levels 1.0 i Unit 3 FIr/Lvl Desc Lower Level i Unit 3 Leased No Unit 3 Monthly Rent $600 Unit 3 Features Refrigerator,Vinyl Floor,Wall To Wall Unit 4 Rooms 0 I Unit 4 Bedrooms 3 Unit 4 Full Baths 2 Unit 4 Half Baths 0 j Unit 4 Floors/Levels 2.0 Unit 4 FIr/Lvl Desc First Floor,Second Floor Unit 4 Leased No j Unit 4 Lease Expires owner j Unit 4 Monthly Rent $0 Unit 4 Features Deck,Dining Area,Dishwasher,Dryer-Electric,Electric Meter,Electric Stove,Furnace,Gas Meter,HU I Cable,Refrigerator,Vinyl Floor,Wall To Wall ...:.........................................._.....................:.....................:............................................................._........................_............._.._._........................................................_............_..---._......................................................__..............._.......................---..................................................._................................................................. _. Exterior Page Pool No 1 Dock No 3 Exterior Features Deck,Exterior Lighting,Insulated Doors,Insulated Windows 1 http://ccimis.rapmis.com/scripts/mgrqispi.dll 5/21/2007 M'LS Page 3 of 3 Roof Description Asphalt,Pitched Siding Description Clapboard,Shingle .... :..............................................................._..._...................................................._....................................................................................._._..................................................... ...................._._...................................__......_........................................_........__......................................, Mechanical Page jHeating/Cooling 3+Zone Heat,Electric,Hot Water,Natural Gas Water/Sewer/Utility Cable,Electricity,Gas,Telephone,Town Sewer,Town Water Hot Water/Water Heat Natural Gas i LandLord Pays Electricity,Gas,Heat,Hot Water,Sewer,Water,Yard Maintenance Legal/Tax Page Annual Tax $2763 Tax Year 2007 Land Assessments $148800 Improvement Asmt $194500 Other Assessments $0 Total Assessments $343300 Annual Betterment $0.00 Unpaid Betterment $0.00 To Be Assessed Unknown Mass Use Code 101-Single Family Title Reference-Book 11467 Title Reference-Page 255 Land Court Cert# 0 Underground Fuel Tnk No Lead Paint No 3 Asbestos No e Flood on e n Unknown *Denotes information autofilled from tax records. Information has not been verified,is not guaranteed,and is subject to change.Copyright 2006 Cape Cod&Islands Multiple Listing Service, Inc.All rights reserved Copyright©2007 Rapattoni Corporation.All rights reserved. http://ccimis.rapmis.com/scripts/mgrqispi.dll 5/21/2007 F 3' xgk b+ISM.+n �k+JA✓ 7de*. q T� ¢ 1 fi s1u 0 Lot ILI � ��'�..-w.-.�� '""�� 9.� � ' ,. -T �r < <.r--�r;rbd s>•.rriF�rac.�-.' ta9i�.a �° _._._. '. F w t F I. �r M �.. r rw . k fi 38 Pine Grove, Hyannis 7/12/06 x a hm i s r 555 f 14 _ n a 38, Pine Grove, Hyannis 7/12/06 " t s il r e T_I IN 'r ffir,r gm 9 ' r, �,t• ,r�' .p .•. • M r � � 38 Pine Grove, Hyannis 7i12i06 ' t ;w ti � s ;' 4 wed a +& r� x ,.�. " z Y>�#x,,�,-.aG�^sr r � � s.*��� —•.. 4N r , sm x 1 _ d A" 4 L k 4 i 38 Pine Grove, Hyannis 7/12/06 I 4F t . n J n y t Y l l xV 38 Rine Grove, Hyannis 7/12/06 t � a z.. o r r I 4 38 Pine Grove, Hyannis 7/12/06 n � i f I, t 38 Pine Grove, Hyannis 7/12/06 r� 4 a w ; n , � n it ,' ��� �� i � � i � .. «A �r. � �. •� � � �.< i 1�9 38 Pine Grove, Hyannis 7/12/06 k .k 7 t f .: F �•'�'.. �• Y C' ��. �;as P. yi i - r• t K:•. "'^'n�r►�—�_��''�..'�iM�..,. '`4 A d?:�P•,y� pr' awmq 4yi""i}���..yyy ') r 38 Pine Grove, Hyannis 7/12/06 •. y g ry`� } 5 IYr • dp � • r s` r" � 4 4 � , r 0 � .. W 38 Pine Grove, Hyannis 7/12/06 r 38 Pine Grove Avenue Hyannis MA 02601 December 5, 2006 Incident report: Owner : David Malone Upon observation Robin Giangregorio and myself observed 3 mail boxes at the above named address. We knocked on the front door and there was no answer. We knocked on the right upper door and an man answered. We identified our selves and asked if we could come in and see the set up of his apartment. He allowed us in. We saw what we deemed as an apartment. A large room with a refrigerator and microwave oven and food stored and dishes and glassware. His sink was in the bathroom. This was a self contained living unit. A few days later I received a letter for an attorney representing Mr. Malone. I set up a site visit with him and Robin and I inspected the entire house. The refrigerator and the microwave were gone in the upper apartment we had seen on our previous visit. We also saw an apartment in the lower lever. Over the course of the next few weeks I heard nothing from the attorney or the owner. I ticketed the owner and than heard for the attorney that Mr. Malone was going to apply for a permit to remove the lower kitchen and restore house to single family home. / Respect iy submitted� nda E son TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map �k�6 Parcel " Application# -004 2S Health Division Conservation Division Permit# Tax Collector Date Issued l Treasurer Application Fee Planning Dept. Permit Fee eo Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address 3Y A-1 e_ �- Village U 0_ Y A !S Owner`�� _ �'I Address AT Telephone `/v b 76 ?6 6 Permit Request 6 e Square feet: 1st floor:existing 4 proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family' Two Family ❑ Multi-Family(#units) Age of Existing Structure 4 Historic House: ❑Yes VNo On Old King's Highway: ❑Yes ANo Basement Type: '❑Full ❑Crawl Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing new Half:existing new Number of Bedrooms: existing_ new Ns tal Room Count(not including baths):existing new e� First Floor Room Count Heat Type and Fuel:)(Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes /I)dNo Fireplaces: Existing New Existing wood/coal stove: ❑Yes *0 Detached garage:❑existing ❑new size Pool:❑existing ❑new size_-(Barn:❑existing ❑new,size Attached garage:❑existing ❑new size ShedX.xisting ❑new size ookl ZOther: s` y Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ & o . Commercial ❑Yes ❑No If yes, site plan review# " Current Use Proposed Use ` ' 41 'BUILDER INFORMATIONor i'., � -/ ,— ' Name v N l��/2 Telephone Number c� Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION D7 RESULTI ROM THIS PROJECT WILL BE TAKEN TO SIGNATURE l DATE � �/�� FOR OFFICIAL USE ONLY PE-IMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE t OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE f ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL t GAS: ROUGH p cy FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. - The Commonwealth of Massachusetts Department"of Industrial Accidents Office of Investigations d 600 Washington Street Boston,MA 02111 •�•'•� www.mass.gov/dia Workers'Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information / Please Print Legibly Name(Business/Organization/Individual): 'PC/U i,%.'6 /4 Address: Y&-t /'!'I, I-Li ���5 'I`"; <t �s, eLJ Q— City/State/Zip: Phone.#: Are you an employer?Check the appropriate bog: :Type of project(required):. 1.❑ I am a employer with 4. ❑ I am a general contractor and 1 6. ❑New construction . employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a'sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have gX. Demolition workingfor me in an capacity. employees and have workers' Y P tY $. 9. ❑Building addition [No workers' comp.insurance comp.insurance. equued.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3. a homeowner doing all work officers have exercised their l 1.❑Plumbing repairs or additions myself.[No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.]t c. 152,§1(4),and we have no employees. [No workers' 13.❑ Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy infomtation. I� t Homeowners.who submit this affidavit indicating they are doing all work and then hire outside contractors must submit anew affidavit indicating such. . tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is.the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page'(showing the policy number and expiration date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK.ORDER and a fine of up to$250.00 a da inst the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of IA for insuranc ove a verification. I do hereby ce and the pains of perjury that the information provided above is true and correct. Si afore Date: 4241116 one#: 6 d EOther only. Do not write in this area, tb be completed by.city or town officiaL wn: Permit/License# thority(circle one): f Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector rson:. Phone#: int®rmati®n anct instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as ...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced;acceptable evidence of compliance with the insurance coverage required." Additionally,MGL ehapter.152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for,the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary, supply sub-contractors)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies'(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members'or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit.or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license'or permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations.would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number:. The CornmQnwealth of Massachusetts Depart tmt of Industrial Accidents Office of Investigations 640 Washington Street Boston,,MA 42111 TO. ##f 17-727-4000 ext 406 or 1-977-MASSAFE Fax##617-727-7749 Revised 11-22-06 www.mass.gov/dia c °J I /tF1E p�� .L V rr J.L VA 11P ai u,7 L"LJFi%i fW Regulatory Services SAWMAZLT-. • Thomas T.Geiler,Director •i,�ss. fp 1 ►�� Building]Division Tom.Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.towA.barnstable.ma.us face: 508-862-4039 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW .SUPPLEMENT To PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization, conversion, improvement,removal, demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units.or to structures which'are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: Estimated Cost Address of Work: Owner's Name: w� Date of Application: Z I hereby certify that: Registration is not required for the following reason(s): fork excluded by law ob Under$1,000 uilding not owner-occupied Agewner pulling own permit Notice is hereby given that: OyyNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c..142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Signatur Registration No. QR Date er's Signature Q wpfiles.forms:homeaffidxv Rev: 060606 f ,*'THE r Town of Barnstable Regulatory Services BARNSTA13M Thomas F.Geiler,Director 9 MASS. g 0a9• ,0 Building Division rED MA'1 p Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION G / Please Print DATE: Z l I( 0 C `J JOB LOCATION: 8 /f n ember n �1 �j street Village "HOMEOWNER": [t�C ' [_` // `L `J v ! d s (I / / /O name home pho f U /work phon # CURRENT MAILING ADDRESS: A city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside, on which there is,or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The under ' d"homeo er"certifies that he/she understands the Town of Barnstable Building Department minim ins p ctio roced es and requirements and that he/she will comply with said procedures and req ' ements ign of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. . HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt l 09/11/2006 TOWN OF BARNSTABLE PG 2 09 : 36 PR APPLICATION PROFILE piappent Application ref : 20063097 (continued) PERMITS Type Permit Number Status Issued Fee Unpaid Amt RES PLUMBI 20060512 ISSUED 09/08/06 25 . 00 . 00 INSPECTIONS Type Requested Scheduled Insptr Permformd Results Bal Due PLUM FIN 1 . 00 PLUM ROU 1 . 00 TOTAL: . 00 AUDIT HISTORY ------------- Department Action Source Created by Date Comments BUILDING DEPARTMENT Permit issued APP sheas 09/08/06 Permit no 20060512 , Permit type RES PLUMBI , PAID BUILDING DEPARTMENT Prerequisite approved APP sheas 09/08/06 WORK COMP on 09/08/06 BUILDING DEPARTMENT Permit payment collected APP sheas 09/08/06 Payment collected on permit RES PLUMBING PERMIT P BUILDING DEPARTMENT Application entered. APP sheas 09/08/06 BUILDING DEPARTMENT New plan review started. APP sheas 09/08/06 Plan review number 00 was created. ** END OF REPORT - GENERATED BY ROMA, PAUL ** I f 09/11/2006 TOWN OF BARNSTABLE PG 1 09 : 36 PR APPLICATION PROFILE piappent GENERAL APPLICATION ------------------- Application ref 20063097 Department BUILDING DEPARTMENT Location 38 PINE GROVE AVENUE Parcel 290159 Cross streets Add' l loc desc LOT 1 Municipality HYANNIS Subdivision Lot 0 Existing use ROOMING & BOARDING HOUSES memo Current Zoning RESIDENCE B DISTRICT Applicant PLUMBING CONTRACTOR Proj/Activity PLUMBING RESIDENTIAL Class of work OTHER Description SLOP SINK Proposed use ROOMING & BOARDING HOUSES memo Proposed zoning RESIDENCE B DISTRICT Non-conforming N Applic received 09/08/06 Estimated cost 0 Estim start/end Actual start/end Impervious Surf Status ACTIVE Status code desc ACTIVE APPLICATION Multiple submissions N Next action Government owned N memo Ordinance ref Reason for app Parent app ROLES/NAMES Role Name/Address PROPERTY OWNER MALONEY, DAVID M 38 PINE GROVE AVE HYANNIS, MA 02601 PLUMBING CONTRACTOR E. F. WINSLOW P&H 8 REARDON CIRCLE Phone : (580) 394-7778 S . YARMOUTH, MA 02664 Tradesman Name Lic Type License number Class Expires E . F. WINSLOW P&H 7939 PREREQUISITES ------------- Prereq Action Dept Needed By Approved By Status WORK COMP SUBMISSION 6300 09/08/06 SSHE APPR 09/08/2006 NAMFI E OF OFFEND / I�/ ! r A ( BAR 70278 TOWN OF ADORE$SO�cFOVVF//FENBEH f - - �I h V i BARNSTABLE CITY ST,ATE,ZIPiCODE, t yv� �_,� � r D�T:o jBITC OFOfN p$1E►per MV'OPERAT R.�LLICEtNNtSEE1 NUMBER !!` `, - MV/MB REGISTFI yTION NUMBER ti t (,fJj� 'r(/ ,��f NAX IASSRI.H.pp�'� .lrI 'M��r•. 'P� `4... .✓'. '�.o-��" .LL rFp NUy`` 1 �°y`~, f ti rC.--ate, YN`jA(•f II Ro t ! �i v �. "' _� Jl Lu A TIME AND BAT OF VIOLN'—+) ,% 'OCATION OP'VIOLATdON ° W . NOTICE OF (A.M�? P.M.).9N ,.n f2(.0 *IM' SIGRATLIWOF"ENFORCING PERSON �^---.�-!''` ENF-0RCING DEPT. UJI VIOLATI N_-- _. `N a r-� '" 1 ' C co OF TOWN � , 0 . .✓HEREBY ACKNOWLEDGE RECEIPT OF CITATION X /l a ORDINANCE L��Unable to obtain si. t ture�of.0 ender. t ►a- 1-1 mailed 6 THE.NONCRIMINAL FINE FOR THIS OFFENSE 1S _� �� f� � L 4 OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a w DISPOSITION WITH NO RESULTING CRIMINAL RECORD. Q REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, < LU before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or posts note.to Bamstab'1 Clerk,P.O.Box 2430, � Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. a B2 Uyou desire to contest this matter in a noncriminal proceeding,you rm, do so by making written request to DISTRICT COURT DEPARTMENT,FIRST NSTABLE DIVISION,COURT COMPOUND,MAIN STREET;BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy.of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or N you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature - "� C3 � � -� �-s -� � � �- � � .S, 5 , � �. c �_ b t C° s k a 13 " w MASSACHUSETTS UNIFORM APPLICA TION FOR PERMIT To ov PLuMnlnU (Print or Type) TOWN OF BARNSTABLE Date A�iI. 19 l ,Building.. Permitrf#Locatio Pl; Q '. ." _ Owners („�s AT: Name n,.,c Type of Occupancy:. New ❑ Renovation ❑ Replacement ❑ Plans No ❑ R�c�l S`t�Q c99' � FIXTURES Submitted: Yes[I N N q O M i W W N_ D � r i m ' W Lt .a N `J r Z N < Z C S 6 N tl � _ ` Z ` h dc FA O s U t F p 6 O _ 3 all J i n=i o c 3 = h r lr ec SUR—SSMT. SASSM[NT 1ST FLOOR 3NDFLOOR ' $ SRO FLOOR •TN FLOOR .. a STH F100'R ' a STx'`FLOOR V � TTxFLooR P., aTxFLOOR (Print or Type) certificate�j ChecWe : Certilieate Installing Company Name t Q'�a��6,1 q� o p. Address D eQD-80A gj:j:&- ❑ partnership SO � yN� �t 1 Val [h �(0'1, ❑ Firm/Company Business Telephone_3,qq 77� Name of Licensed plumber and-Leevnle la he bi t hereby cemfY that all of tiro detail►and Intel nix I here aluuNled ter all In atone LpPllatlntt 11 u�a trA it g o' u kAo-ledp Lad that all plumblas walk and rnslallations I+ettnrmed under Fi l Ilumd for thie Ipplicauon rUl be u emupiunn rich all pM� iR Iriuom of the Mauaehurtts Slate 119MIl n{Code and ChWat 141 of the General UwL v I have informed the owner.or his agent that I do not have liability C4 insurance Including completed operations coverage. - Slgnatura o Owner Agent I have a current liability insurance policy to include completed operations coverage. Byof Licensed plumber Title SignaTure of plumbing License City/Town: -43Qr g Nastar ❑ Journeyman License Number APPROVED tOFFIca usy ONLY, I Technician Id084-Crehan Workorder Id: 228883 Site Id: 7907061 Site Voice Phone: (000)790-7061 .,� DAVE MALONEY Date Scheduled: Aug 25,2006 .a Original Caller: Time Scheduled:08:00:00am PO#: short plumbing Job Id: 7907061 DAVE MALONEY Work Address: Dispatch Note: 38 PINE GROVE AVE STEVEN PLOUDE/CONTACT 508-737-9630 CC ON OWNERS CELL 978-987-1687 HYANNIS MA 02601 ---------------------- Equipment Id: Any Any Equipment WorkCode Id: splumb short plumbing Resolution Id: Work Requested: DISCONNECT 6 CAP OFF WET SINK CALL CELL FOR ACCESS 978-987-1687 COLLECT TSM AND SIGNATURE CM. Work Performed: DISCONNECTED 6 CAPPED OFF KITCHEN SINK IN BASEMENT APT Manufacturer:t r er Manufacturer Model: Serial Number: Installed: Directions to Site: ��F.nder Contract? Location at Site: I AUTHORIZE WORK REQUESTED,AS DESCRIBED ABOVE,TO BE DONE. -------------------------------------------------------------------------------- �1� FEW 38 Pine Grove, Hyannis 7119106. r i ✓ fir' s �ri ��-, v ikY7, a x>I , N , .r f, r � y „ .ry e. 3a i i y � cjy E n: 38 Pine Grove., Hyannis 7/1�2/06 lr' , , n. , ✓ 'r ;� y„� i a � N, fho� R y.` pe ! , y, 't i x% e fl;,ins. a z 8 Fine Grove; Hyann is .7/12/06 I / -- r•: fit.. S ,' :x ,� '� �,., 2 ;' `;.fir � C(.. '4 E ✓.., � ��,,._ Y � M y > e Ruh P S' L , � ✓ Y` 4 y,ypp 5, f� yT 3 p f 0 K,i k F•R y � A ^°fR , 8 .Pine Grove, Hyannis 7/ 12/off /� 333l�ipsj / 3 ,U i „1 � r 'ten , / r E_ i, 3' 38 Pine Grove, Hyannis 7/12/06 p £a ! ak. e, »3 ! r ! IN / 3.8 n i �I i Pine. 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Sb'3 r. 38 Pine Grave; Hyannis 7/12/06 / � f • � fir. z v / a 3 u 4 r� ? g - �w z r / a ,fir „. ,, . . ,. w ;j � '� '3 ;,� �,� /ram / � g .b Alp aJ � �' Py � // fir, %�,.r/ %e/ �,t .a•:ti � e�, ,, ,e �� S ; - / ram/ a� �'3., ,,, �. <„ , i �; x > „. <, � �9 YS J ��� ��/ a� � .� � s� �'� ,F ., ,. ,�•. r- �,� ,- �. r j, < .,, ��, 61 �. �� , :- y r ,, ,� � ., ��, ;« w - ,^,°� ' ,.. � s..: m 1 $', �y�” v m , � ,,: ' i,� �' .,,,� ray_ �� r, �, � �a�sY v � � �: A n^,J .aN �� � t`. � ��3 ..1.L. .,, ..... ,. -/ii, ikY�Sz± .... n,,. ', � r.g; ,..i,wy y�A.: -;.� tt� �' $�i is fl ,,,14« .tom.,, ;' q .,. ;l 7 �d _� f �piHE 1p,�, Town of Barnstable Regulatory Services 9�MSTBM ASS. Thomas F. Geiler,Director GpA i639. rF039 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 August 9,2006 Mr. Roger O'Day 466 Main Street Box 366 Harwichport, MA 02646 RE: David M. Malone Property located at 38 Pine Grove Avenue Hyannis, Ma. 02601 Dear Mr. O'Day, The kitchen in the lower right apartment, facing the building, must be completely removed. A building permit must be applied for to do same. All utilities must be capped in the finished wall. No food preparation areas are allowed in any of the rooms your client can rent. He is allow to rent to 3 unrelated people only, provided they have full access to his kitchen at all times. When the Zoning Enforcement Officer and I were in the upper right apartment a week before we met you, there was a refrigerator and microwave in the unit. No cooking facilities such as toaster ovens or microwave ovens are allowed. PI ase f f e. to c 4-m -any questions. Lin dson pecial Investigator Building Department CC: Mr. David Malone 05/30I2005 15: 58 508430H531 PAGE 01 ROGER V.0, DAY ATTORNEY AT LAW 466 Main Street Post Office Box 366 ?0"r6 ,DUI 3 0 N I1 3: 56 Harwichport,Massachusetts 02646 Telephone(508)432-3424 Fax(508)430-0631 ("Ii y°iS,i10 N June 30,2006 BY FAX TO(508)790-6230 AN])FIRST-CLASS MAIIL Linda Edson Special Investigator Building Department Town of Barnstable 200 Main Street Hyannis, Massachusetts 02601 RE' David M. Maloney Property.Located at 38 Pine Grove Avenue, Hyannis, MA. 02601 Dear Ms. Edson: This will acknowledge receipt of your letter of June 28, 2006, which was received by my office today. My client has no objection to your accessing his property, provided he is present. My client and I would be. willing to meet with you and the Zoning Officer at 9:00 A.M. on either Tuesday, July 1 I or Wednesday, July 12. Please let me know if either of these times are convenient for you and we will confirm our meeting. You should be aware that on Wednesday, June 28, at approximately 2:30 P,M., two (2) females arrived at my client's property when he was not present and identified themselves to an occupant of the property as being from Barnstable. Without my client's authorization, the two (2) females entered the property and took photographs of certain portions of the interior of the property. 'These actions by the two(2) warned individuals were totally unauthorized and made without my client's knowledge or consent. Please let me know humediately if you have any knowledge or information .relating to these actions that occurred on Wednesday, June 28, at my client's property. Very truly.yours, Roger V. O'Day RVO:cas cc David M. Maloney f oFIME l Town of Barnstable P� O Regulatory Services * snRNSrnaLE, 9 MASS. �, Thomas F. Geiler,Director ,0 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 FAX To: Roger O'Day From: Linda Edson Re: David Maloney 38 Pine Grove Ave., Hyannis MA. 02601 9:00 A.M. Wenesda y-1-2—,will be fine for the site visit. Linda son TRANSMISSION VERIFICATION REPORT TIME 07/05/2006 11: 10 DATE DIME v 07/05 11:10 FAX NO./NAME 915084300631 DURATION 00:00:24 PAGE(S) 01 RESULT OK MODE STANDARD ECM ROGER V.O'DAY ATTORNEY AT LAW 466 Main Street Post Office Box 366 Harwichport,Massachusetts 02646 Telephone(508)432-3424 Fax(508)430-0631 June 30, 2006 BY FAX TO(508)790-6230 AND FIRST-CLASS MAIL Linda Edson Special Investigator Building Department Town of Barnstable 200 Main Street Hyannis, Massachusetts 02601 RE: David M. Maloney Property Located at 38 Pine Grove Avenue, Hyannis,MA 02601 Dear Ms. Edson: This will acknowledge receipt of your letter of June 28, 2006, which was received by my office today. My client has no objection to your accessing his property, provided he is present. My client and I would be willing to meet with you and the Zoning Officer at 9:00 A.M. on either Tuesday, July 11 or Wednesday, July 12. Please let me know if either of these times are convenient for you and we will confirm our meeting. You should be aware that on Wednesday, June 28, at approximately 2:30 P.M., two (2) females arrived at my client's property when he was not present and identified themselves to an occupant of the property as being from Barnstable. Without my client's authorization, the two (2) females entered the property and took photographs of certain portions of the interior of the property. These actions by the two (2) unnamed individuals were totally unauthorized and made without my client's knowledge or consent. Please let me know immediately if you have any knowledge or information relating to these actions that occurred on Wednesday, June 28, at my client's property. Very truly yours, Roger V. O'Day RVO:cas cc David M. Maloney ' Roger V.O'Day CAPE.COS MA 025-026 Attorney at Law . 466 Main Street 30 .JUN 006 PM I T P.0.Box 366 Harwichport,MA.02646 r Linda Edson_ , t: S"peciaLInvestigator- Building Department Town of Barnstable 200 Main Street Hyannis, Massachusetts 02601 t'�"s'�S�')� tt 4�Xt"J"�' lilillEE'iiti �lliltiiliil�£itiiPlEdFi l3tEJi 11'.1ll1Etil�F�il i i fia i it? - iiij i�iizi iii � �i�, i i i _ i=i: \ ROGER V.O'DAY ATTORNEY AT LAW 466 Main Street Post Office Box 366 Harwichport,MA 02646 Telephone(508)432-3424 Fax(508)430-0631 June 12, 2006 Linda Edson Amnesty Program Zoning Officer Building Department Town of Barnstable 200 Main Street Hyannis,Massachusetts 02601 RE: David M. Malone Property at 38 Pine Grove Avenue,Hyannis,MA 02601 Dear Ms. Edson: This will acknowledge receipt of your fax letter of June 7, 2006 regarding the above matter. At present, there are four (4) people living in the house with three (3) cars being parked on the premises, all in designated parking areas off the street. In your letter, you state that I am welcome to come to the Town Hall to review the file on the property. While in your first letter of May 23, 2006, you allege that my client is committing "a misdemeanor, conviction for which results in a criminal record." My client is a respected business man and member of the community and I question why you have chosen to make an allegation that he is engaged in criminal conduct. While the "history of 6 independent living units" you mention in your letter may or may not be accurate, it is the present use of the property that should be considered. In as much as you have taken upon yourself to allege my client is engaging in criminal conduct, it will be necessary for you to supply me with specific evidence upon which you intend to rely to support such allegation. Please provide these specific facts to me and, upon receipt,my client and I will review them thoroughly. In the event my client is in violation of any provisions of law, my client and I will undertake immediate steps to eliminate any such alleged violation. I =� Linda Edson Amnesty Program Zoning Officer Building Department Town of Barnstable June 12, 2006 Page 2 If you wish to provide specific documented and accurate information as to the violations you allege, please forward such information to me. I will await hearing from you in this regard. Ve truly yours, h F Roger V. O'Day RVO:cas cc David M. Maloney Roger V.O'Day C. Attorney at Caw �''-iPE COD p+�f,A O 5-02.6 466 Main Street i P.O.Box 366 `y Harwichport,MA 02646 a Linda Edson Amnesty Program Zoning Officer Building Department Town of Barnstable 200 Main Street Hyannis, Massachusetts 02601 ' s : {{ iii i i i ii�{iff i ii ii i i;t�i i{ :;{ :� -` � ^` �,/� i -/` �� \ \\ /,- / ,/ ,\ -�� \\ .. --.. T a. _ ... � .' �. ��.. �- �-- _� r r� Town of Barnstable Regulatory Services * BkRNS A. LE; ` v Mass.: Thomas F. Geiler,Director AIEp.�Ap'l:A�e 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. June 7, 2006: FAX. To: Roger O'Day 508-430-0631 From: Linda Edson Dear Mr. O'Day, I am in receipt of your letter dated June, 6 2006. The file. for 38 .Pine Grove is public record. You are welcome to come in. to the Town Hall at 200 Main Street Hyannis and review it at any time.. The file clearly shows that the property has a history of 6 independent living units, some without proper egress. Regards, Linda Edson Special Investigator Building Department oF,HE, Town of Barnstable * Regulatory Services * BAMSTABLE, + v MASS. Thomas F. Geiler,Director �A .t6gq ♦0 rf1639 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 June 28, 2006 Mr. Roger O'Day 466 Main Street Box 366 Harwichport, MA 02646 RE: David M. Malone Property located at 38 Pine Grove Avenue Hyannis, Ma. 02601 Dear Mr. O'Day, In an effort quickly resolve this matter, the Zoning Officer and I request permission form your client to have access the the above mentioned property. Please let me know when it will b onve or your client. Li a Edson Special Investigator Building Department °FTHE Tph, Town of Barnstable ti °^ Regulatory Services 9 MASS. Thomas F.Geiler,Director �iOlE039. 1%� 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 May 23, 2006 Mr. David Maloney 38 Pine Grove Avenue Hyannis, Ma. 02601 Re: Illegal Apartments: 38 Pine Grove Avenue Hyannis, Ma. 02601 Map 290 Parcel 159 Dear Property Owner: Our records indicate that your house at the above-referenced location is currently being used as a multi-family home, which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty Program • Prove that this is a legal multi-family home. Please contact this office immediately to tell us what direction you wish to take. yinn rogram Zoning Officer Building Department gforms:zoning3 Parcel Detail Page 1 of 3 VOIN rt 4 q Logged In As: � ^ Tuesday, M� arcs l Parcel Lookup Parcel Info ......... .... ............ __ ..... ...... Parcel ID;290-159 Developer LOT 1 Lot Location :38 PINE GROVE AVENUE Pri Frontage 100 Sec Road Sec Frontage village .HYANNIS Fire District HYANNIS Sewer Acct 2483 Road Index:1249 Owner Info Owner!MALONEY, DAVID M Co-Owner, Streets 138 PINE GROVE AVE Street2 City HYANNIS State`MA Zip j02601 Country US Land Info ..... ....... Acres 0.37 Use Rooming Hs MDL-01 Zoning E RB Nghbd 0105 Topography iRoad Utilities i Location Construction Info ildin Year` Roof---", __....�... _.. Ext Built#1985 IS Gable/Hip Wall Wood Shingle ......... . Effect I 11872 Roof Asph/F GIs/Cmp AC None Area Cover T /fie YP lrU El/ � !�I/ ��333 33i 13i3Yd �F. Int r. ._ Bed ' N Style;Cape Cod Wall'Drywall Rooms:6 Bedrooms Al ......... Model Residential ;Int` Bath 5 Full Floor Rooms; �.fx j s ,...: .,..,.... - 4 Grade;Average Heat Hot Water Total €8 Rooms Type I Rooms "- Heat � _ Found-- Stories I1 1/2 Stones _ Gas Poured Conc. . ..... Fuel # ation http://issgl/intranet/propdata/ParcelDetail.aspx?ID=22496 5/16/2006 Parcel Detail Page 2 of 3 Permit History ......_... ......_._.._._.__......__._ ._ . Issue Date Purpose Permit# Amount Insp Date Comrr 4/16/2002 Wood Deck 60434 $1,500 9/11/2002 12:00:00 AM 4/1/1985 B27747 $60,000 1/15/1986 12:00:00 AM HY 1.E Visit History Date Who Purpose 9/11/2002 12:00:00 AM Martin Flynn Mea./List Bldg Permit Only 11/15/1987 12:00:00 AM ME Sales History Line Sale Date Owner Book/Page Sale P 1 6/1/1998 MALONEY, DAVID M 11467/255 2 9/15/1994 SIMONEAU, E ALAN & LINDA M 9378/346 3 12/15/1989 AUGIS, PETER&GROTS, M P TR 6994/081 4 12/15/1989 SHAWMUT BANK NA 6975/304 5 10/15/1989 ROCKWOOD, CRAIG T& 6902/234 6 9/15/1989 NARDONE, WILLIAM A& 6868/074 7 12/15/1985 ROCKWOOD, CRAIG T TRS ETAL 4850/226 8 3/15/1985 NARDONE, WILLIAM A 4457/001 9 3/15/1985 NARDONE, WILLIAM A 4443/161 10 VETO, MILDRED 516/323 Assessment History .......,.......... _...._ _.... ..... Save# Year Building Value XF Value OB Value Land Value Total Para 1 2006 $75,300 $3,100 $500 $151,100 2 2005 $56,900 $8,100 $500 $137,000 3 2004 $45,500 $8,100 $500 $116,500 4 2003 $91,500 $0 $0 $31,400 5 2002 $84,400 $0 $0 $31,400 6 2001 $84,400 $0 $0 $31,400 7 2000 $89,000 $16,900 $0 $20,600 8 1999 $89,000 $16,900 $0 $20,600 9 1998 $89,000 $16,900 $0 $20,600 10 1997 $94,000 $0 $0 $20,600 11 1996 $94,000 $0 $0 $20,600 12 1995 $94,000 $0 $0 $20,600 13 1994 $94,400 $0 $0 $24,800 14 1993 $94,400 $0 $0 $24,800 15 1992 $107,600 $0 $0 $27,500 16 1991 $155,500 $0 $0 $44,700 17 1990 $155,500 $0 $0 $44,700 18 1989 $155,500 $0 $0 $44,700 http://issql/intranet/propdata/ParcelDetail.aspx?ID=22496 5/16/2006 Parcel Detail Page 3 of 3 19 1988 $101,800 $0 $0 $21,400 20 1987 $101,800 $0 $0 $21,400 21 1986 $0 $0 $0 $18,200 Photos http://lssgl/intranet/propdata/ParcelDetail.aspx?ID=22496 5/16/2006 ROGER V.O'DAY ATTORNEY AT LAW 466 Main Street Post Office Box 366 Harwichport,MA 02646 Telephone'(508)'432-3424` Fax(508)430-0631 June 6, 2006 Linda Edson Amnesty Program Zoning Officer Building Department Town of Barnstable 200 Main Street Hyannis, Massachusetts 02601 RE: David M. Maloney Property at 38 Pine Grove Avenue,Hyannis,MA 02601 Dear Ms. Edson: This office represents David M.'Maloney, who is in receipt of your letter of May 23, 2006. My client's property is not being used as a multi-family home and my client and I question how you came to such a conclusion, without thoroughly investigating the status of my client's property. My client's property is located in the RD zoning district, which allows up to three (3) unrelated borders or renters.. Clearly, there is a major distinction between a multi-family home, which would contain more than one (1) kitchen, together with complete sanitary facilities and a partition of the home into individual dwelling units, and a home containing one (1)kitchen which rents a room to a border. Please immediately provide me with all the information you have in your file that gave rise to your unfounded conclusion that my client's property was "being used as a multi-family home." Upon receipt and review of the information, I will be in further contact with you. Ve truly yours, a Roger V. O'Day RVO:cas cc David M. Malone Roger V.O'DayCAPE CIC� MA-= '. Attorney at Law - 466 Main Street P.O.Box 366 4'►1• �' Harwichport,MA 02646 Linda Edson Amnesty Program Zoning Officer Building Department Town of Barnstable 200 Main Street Hyannis;Massachusetts 02601 _ .. �r..!'G�t`.}1'�1rClt'J? 113tf.72ltii��}i'S !lF18E� 8lE3I773�.11l8}-i�llflFBt��3'i.l:Ef.i�FI 444 i \ \ •' ///ram 1 �i Fii i} Fiii i iFeie ii! �!E 'i ?•F•F 6! t:iEF F�F " I 4 \ I . *The Town of Barnstable 9� MAS& ,0�' Department of Health Safety and Environmental Services 'OrEo Meg" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner April 1, 1998 Alan&Linda Simoneau 122 Chapin Road Hudson MA 01749 RE: 38 Pine Grove Avenue,Hyannis,Mass. Map 290/Parcel 159 Dear Property Owner: A review of our records,including the permitting history of 38 Pine Grove Avenue,Hyannis, MA,as well as the Zoning Board of Appeals records indicates that the use of that address as anything other than a single-family home is illegal. You are hereby ordered to discontinue the use of the above referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within 14 days of your receipt of this letter. A building permit must be applied for to redesign the layout to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose,we will be more than happy to help you. If we do not hear from you within the 14 days,we will be forced to seek criminal action against you. Very truly yours, Gloria M.Urenas Zoning Enforcement Officer GMU:kI g980218a 0122 Chapin Road Hudson, Ma. 01749 April 9, 1998 Building Inspector Town of Barnstable Main Street Hyannis, Ma. 02601 To Whom It May Concern: am writing regarding your communication of April 4 relative to the property at 38 Pine Grove Avenue and I should like to inform you that the property is currently under agreement. Should you have any questions regarding the agreement or should you choose to question the veracity of such, please feel free to contact Margo at Shoreland Reality in Hyannis. understand that two of the tenants will need to be evicted and I would like to give them a reasonable time frame (approximately 30 days) to find suitable alternative housing. As I'm sure you are aware, there is quite a shortage of affordable housing in the Hyannis area, especially at this time of year, and the tenants at 38 Pine Grove Avenue are not, by any means, to be considered affluent. Therefore, would hope for your understanding and compasion for their situation. I will be contacting them within the next ten days and am hopeful that they will vacate the premises in no more than 30 days after that. I sincerely hope that this letter clarifies your concerns about the property at 38 Pine Grove Avenue and that the proposed resolution meets with your approval. Very Truly Yours, Linda M. Simoneau 4 • 1 �i 6 0 / _ Al 7 WMA Aw / I I , r I I I i i I ♦y� �r�� V .J e 6 Bedroom, Bath Cape!! Wha o _�ibilities! _-..__. - M 4.01 il 01,011 r,_. Mj _ - t WOOPM $119,900 38 Pine Grove Ave, Hyannis l0 year old cape with 6 bedrooms and 5 baths. d bedi•ooths have private baths and private entrances! Ideal for la��,►c� exlc�ndc�d lii�i�rg or�,►swing family. No Lead, "Town sewer!Lots of possibilities. You can live in the 2 bedroom unit and rant up to private rooms to pay the mortgage! Walk to shops! Lot Size: 0.37 ilcres Roonrs Information Finisher!Square Feet: 1501 to 1800 Room Level Dimon Basement: lull, Finished. Walk-out Stt•le: Cape hiving Rm: 1 IleatinglCooling: Natural Gas, 3 or More Zoned Heat Year Built: 1985 Actual Water&erver: Town Sewer, Town !d'ater, Gas, Electric, Tele Kitchen: I ' Real Estate Tax Information Master Bdrm: I Assessment: band $20,600 Number of Rooms: 8 Bedroom 2: 1 Improvements $94.000 Number of Bedrooms: 6 Bedroom 3: 2 Total $114,600 Number of Full Baths: S Bedroom 4: 2 Bedroom S. 13 1996 Real Estate Taxes:$2,295 Margo Wharton Shoreland Real Estate 724 Main Strect, Hyannis,MA 02601 rye' 508-771-2008 ` FAX: 778-2423 U ' '/��J �Cv oerou u.n• R E A T O R® � Information Deemed Accurate but not Guaranteed ✓ �v`�: �� r &le Family Long Rep Page 1 Address 38 Pine Grove Ave List Price $119,900 Town Barnstable Orig List Price $119,900 List# 6024504 Listed Date ListType MLS Listing Status ACT DO M 1 Style Cape Rooms 8 FBaths 5 pn r1inturr Avwilwhlr DescStyle Expnd Beds 6 HBaths 0 YrBuilt 1985 Actual # Lvls 3 TBaths 5 Garage No Garage OccupBy Tenant Leasbl Y N Bsmt: SepLivQtr 1 st Bsmt Y County Barnstable LotSize 0.37 YrRnd Yes Village Hyannis LivSpc 1501 to 1800 MlsBch 1 to 2 Miles ConvenTo MedFac, School, Shpng, TwnLoc, Marina BchDsc Ocean Area Mid Cape Street Paved, TMaint BchOw Public Subdiv Dock NoDock OthAcc Zip Code 02601 Pool No DscAcc Basement Full, Finish, Wlkout Floors WtoW, Vinyl EquipAppl ERange, Refrig Roof Pitchd, Asphlt InteriorFt Attic SpclFnc NoFin ExteriorFt Deck, ExtLgt, InslDr, InslWd Siding Shpng, Clap WtrSwr TwnSew, TwnWtr, Gas, Elect, Phone, CATV HotWtr NGas HtCool NGas, 3ZnHt Foundatn Main 26 x 34 Assoc No MshpReq No YrlyFee $0 FeeYear EL x Feelncl Irreg N Conc AdditSvc Yes LotDesc Cleard, Slope, Wooded LotWidth Depth Irregular Ad Copy 10 year old Cape with 6 bedrooms and 5 baths. 4 bedrooms have private baths and private entrances! Ideal for large extended living or growing family. No Lead, Town sewer! Lots of possibilities. You can live in the 2 bedroom unit and rent up to private rooms to pay the mortgage! Walk to shops! Directions West Main St. to Pinegrove. RmksAll Unusual property. Owner can live and rent up to 3 'rooms'. 24 hour notice min. LocalRmk Showlnstr Discretion Required, Appointment Required, Call Listing Office, Yard Sign OwnrName Simoneau AssmtStat Assessed Addr1 TitlRef B 9378 P 346 LandAsmt $20,600 UFFI N Addr2 Plan B 280 P 6 Improvmnt $94,000 Asbest N Twn/State PlnLot 1 TotalAsmt $114,600 UTank N OwnrPhne Zoning RB Taxes $ $2,295 Map# 290 AnnualBttr $61 Use 101 -Single Family Tax Year 1996 Parcel# 159 UnpaidBttr LPaint No FloodPlain Not in Flood Plain Expires ListOffice Shoreland Real Estate, OfcPhone 508-771-2008 CoFeeBB 2.7% SHLD ListAgent Wharton, Margo CoFeeSA 2.7% CoFeeDDA 2.7% Other Room Dimen Level Features Living Room 1 Wall to Wall Carpet Kitchen 1 Vinyl Floor Master Bedroom 1 Closet,Wall to Wall Carpet Bedroom 2 1 Closet,Wall to Wall Carpet Bedroom 3 2 Closet,Wall to Wall Carpet,Full Bath Bedroom 4 2 Closet,Wall to Wall Carpet,Full Bath Bedroom 5 B Closet,Wall to Wall Carpet,Full Bath Bedroom 6 B Closet,Wall to Wall Carpet,Full Bath Bathroom 1 1 Bathroom 2 B Information Deemed Accurate but not Guaranteed-printed by Margo Wharton,Shoreland Real Estate-a 6024504 Bathroom 3 2 2 1 '.arm The Town of Barnstable t.r � iA8N8191Hti � _ AM Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4039 Ralph Grossen Fax: 509-790-6230 Building Commissioner SHED REGISTRATION P/ e Location of shed ) e- Property owner's name Telephone number A90 - /s�- Size of Shed Map/Parcel# s �y# Signature Date Hyannis Main Street Waterfront Historic District? U Old King's Highway Historic District Commission jurisdiction? ".,No Conservation Commission(s gnatw�e required) ()Y- 7 THIS FORM MUST BE ACCOMPANIED BY A PLOT PLAN Q-fors-shc teg � , AS/LOT 78-1 174,10 N80°05 30 E o � i DECK d LOT 1 AS/LOT 159 HSE LOW o 66 \ AREA "W 150• �. 579°3210 \ vU \ �+ LOT 2 AS/LOT 160 NOTE- THE BUILDING CURRENTLY IS BEING USED AS AN APARTMENT BUILDING RES.. ZONE "RB" This MORTGAGE INSPECTION Plan is For FLOOD ZONE., "C" Bank Use Oiil TOWN: _ — — — — — REGISTRY OWNER: _E. ALAN & LINDA SIMONEAU DEED REF: _R290/159- - - - - -BUYER: -IAII1D MALT - - - - - - - - - - - - - - _ DATE: 5/2 98 — — — — _ — PLAN REF: —280 6 — — — — _SCALRT—=:' 30' FT. I HEREBY CERTIFY TO —J1'0 -LSAT ------------- ' ______ ---THAT THE BUILDING '� dl YANKEE SURVEY SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS 0�3' PAUL CONSULTANTS SHOWN AND THAT ITS POSITION DOES — CONFORM A. 40B (SUITE 1) TO THE ZONING LAW SETBACK REQUIREMENTS OF THE U MERITHEW INDUSTRY ROAD TOWN OF _ RARNSTABLE-------------AND THAT Into. 32098 P MARSTONS MILLS, MA. 02648 IT DOES— NOT _ LIE WITHIN THE SPECIAL FLOOD HAZARD p\ w �ti .qIStE� TEL: 428-0055 AREA AS SHOWN ON THE H.U.D. MAP DATED_V-f9E __ t�vk.A: . �Ko' Co u it —Pa 1 ,250001 0011 D FAX: 420-5553 ________ THIS PLAN NOT MADE FROM AN INSTRUMENT 23929 A. I W LS SURVEY NOT TO BE USED FOR FENCES, ETC. [ T-[R290 159 . ] • LOC] 0038 PINE GROVEOENUE CTY] 07 TDS] 400 HY KEY] 198173 ----MAILING ADDRESS------- PCA] 1111 PCS] 00 YR] 00 PARENT] 0 I SIMONEAU, E ALAN & LINDA M MAP] AREA] 62AC JV] 361156 MTG] 2001 122 CHAPIN ROAD SP1] SP21 SP31 UT11 UT21 . 37 SQ FT] 1768 HUDSON MA 01749 AYB] 1985 EYB] 1985 OBS] 90 CONST] 0000 LAND 20600 IMP 94000 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 114600 REA CLASSIFIED #LAND 1 20, 600 ASD LND 20600 ASD IMP 94000 ASD OTH #BLDG(S) -CARD-1 1 94, 000 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #DL LOT 1 TAX EXEMPT #PL 38 PINE GROVE AVE HY RESIDENT'L 114600 114600 114600 #RR 1249 0100 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE] 09/94 PRICE] 119200 ORB] 9378/346 AFD] I TE LAST ACTIVITY] 10/24/95 PCR] Y R290 159 . �P P R A I S A L D A T AID KEY 198173 SIMONEAU, E ALAN & LINDA LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RB 20, 600 94, 000 1 A-COST 114, 600 B-MKT 123 , 200 BY 00/ BY ME 11/87 C-INCOME PCA=1111 PCS=00 SIZE= 1768 JUST-VAL 114, 600 LEV=400 CONST-C 0 ----COMPARISON TO CONTROL AREA 62AC -- TREND EXCEEDS STANDARD NEIGHBORHOOD 62AC HYANNIS PARCEL CONTROL AREA TREND STANDARD 101 10 LAND-TYPE 206001 LAND-MEAN +0% 1146001 66410 IMPROVED-MEAN +4206 250 ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 100%1 LOCATION-ADJ APPLY-VAL-STAT 1 LNR] LAND LFT/IMP] ADJS/SB/FEAT STR] STRUCTURE ARR]AREA-MEASUREMENTS NOR] NOTES COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION- ( ] STRUCTURE-CARD NO- [0 0 0] DATA- [ ] XMT [?] i R290 159 . P E R M I T [PMT] ACTIOR] CARD [000] KEY 198173 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR .CMP NEW/DEMO COMMENT [B27747] [04] [85] [ND] 600001 [HM] [01] [86] [100] [NEW ] [HY 1 . 5 ST ] s PROPERTY ADDRESS I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CSTATE PARCEL IDENTIFICATION N LASS I PCS I NBHD KEY NO. 0038 PINE GROVE AVENUE 07 R8 400 07HY 07/09/95 1111 o62AC IR290 159- LANDJOTHER FEATURES DESCRIPTION 1 ADJUSTMENT FACTORS Ty UNITAOJ'D UNIT Luna B"O.'e, see D�men.�on LOC./VR.SPEC.CLASS ADJ. COND. P PRICE PRICE ACRES/UNITS VALUE oeacripuon S I MO N E A U i E A L A N & L I N D A M MA P- eD FF De m/Acres E #LAN D 1 20,600 CARDS IN ACCOUNT - L 10 18LDG.SIT 1 x .37 =10C 186 29999.9s 55799.9 .37 206UO #BLDG(S)-CARD-1 1 94P000 01 OF 01 11DL LOT 1 N BATHS 5.0 U x C= 100 17500.0 17500.0 1.00 17500 B #PL 38 PINE GROVE AVE HY MARKET 123200 D FBA FIN 83M S 24 x 32 C= 100 20.85 20.85 768 160JG 3 #RR 1249 0100 INCOME A #UP FY96 USE D APPRAISED VALUE D i A 114.600 A U PARCEL SUMMARY T S LAND 20600 A T �BLDGS 94000 M O-IMPS E TOTAL 114600 F E N DEED REFEREN N CNST C Ty, DATE ReCO - PRIOR YEAR VALUE A ? Book Page 1''�' MO Yr D S.1-P6_ LAND 20600 T I 9.378/346TEI-09/94 119200 BLDGS 94000 U 6994/081, I,12/89 L 145000 TOTAL 114600 R 6975/304: I112/89 H 124500 E I BUILDING PERMIT 5 APTS. S Number Dele Type Amount LAND LAND-ADJ INC ME SE SP-BLDS FEATURES BLD-ADJS UNITS APTS. ENTRANCE 20500 33500 B277471 4/35 ND 1 60000 IGAINED TO 4 RM , Gass Cl,:,,. Total Base Rate Atll Rate Year Built Age Norm. Obsv. CND Loc >b R G Repl Cost New Atl Re t Va1ue Slopes Hei hl Rooms ed Rme.3aln. Y Fiz. I Perry,..,,Fec. APT............. Unts Units A' I Depr. Con d. I p 9 I................ 25C 000 100 100 81.40 81.40 85 85 9 92 90 85 69.3 135682 94000 1.5 8 6 5.0 20.0 Desc riphon Rate Squa.e Feet Repl.Cost MKT.INDEX: 1-O G IMP.BY/DATE: ME 1 1/8 7 SCALE. 1/01.0 0 ELEMENTS CODE CONSTRUCTION DETAIL S 8AS 100 81.40 884 71958 CNST GP:Tiol 815 42 34.19 884 30224 *----------------34---------------* T I ! 815 ! STYLE MULTI FAMILY 0.0I R LSIGN ADJ 0.0IEXTcR-iJALLCLP86%SHINGLE 0.0 J I I ! ! C EAT/AC TYPE 03_LECTRTt-------- O.OI I ! ! NTER:F-IA[ISH 04 DRY WAIL 0.01 T ! ! INT-ER.LAYOUT t2 VER.7NORMAL O.0 D ! ! VTctl.,IVKCTY 02 pNfE AS EXTER. iT.O R 26 BASE 26 LDiYR STKUCT 02W0 JOIST18EAFi U.0 A k ! ! ELDUR C-OYER -D4 Aft-PET-----.------U.O L D Areas Auz= Base_ 884 i ! R0DF-TY - -___ 01 A$LE=ASPA-UN----0.0 BUILDING DIMENSIONS ! ! "LE-C-T RI�Al 0t WER A-GF U.0 S W34 N26 E34 S26 .. 815' N26 F 0"DAT-1UN-_." `01 -OURED--CONL-----9v-9 A W34 S26 E34 .. ! --------------- --- ----------------------I - -----IVEIuN80R ffD 67AC-}fYANNT5------- L LAND TOTAL MARKET ----------------34---------------X PARCEL 20600 114600 AREA 1229 h VARIANCE +0 +9218 STANDARD 25 . 'rOWB OF SB888T88zzOAA OS g�08T . � • B�IPflB"' ��8TA8Y�Q0�'tTZNVg'� �. • /. � . azvzszou MM= i SERM SS i PAR ] Real•tate System - General Prolaty Inquiry] Help [ ] Parcel Id: 290 159- - Account No: 198173 Parent : Location: 38 PINE GROVE AVE HY Neighborhood: 62AC Fire Dist : HY Devel Lot : 1 Lot Size : . 37 Acres Current Own: SIMONEAU, E ALAN & LINDA M State Class : 111 122 CHAPIN ROAD No. Bldgs : 1 Area: 1768 Year Added: HUDSON MA 1749 Deed Date : 090194 Reference : 9378/346 January 1st : SIMONEAU, E ALAN & LINDA M Deed MMDD: 0994 Deed Ref : 9378/346 Comments : Values : Land: 20600 Buildings : 94000 Extra Features : Road System: 38 Index: 1249 (PINE GROVE AVENUE ) Frntg: 100 Index: ( ) Frntg: Control Info: Last Auto Upd: 102895 Status : C Last TACS Update : 102495 Land Reviewed By: Date : 0000 Bldgs Reviewed By: ME Date : 1187 Tax Title : Account : Taken: Account Status : Hold Status : Cancel [ ] Press XMT for more data Next screen [PAR ] Action [ ] Owners Name [ ] Road Index [ ] Road Name [ ] Parcel Number [290] [160] [ ] [ ] [ ] STATE PROPERTY ADDRESS 4 I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CLASS I PCS I NBHO KEY No. _ 0038 PINE GROVE AVENUE 07 RB 400 07HY 07/09/95 1111 . 00 6 AC R LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T UNIT ADJ*D.UNIT Land By/Daio CD. LOC./YR.SPEC.CLASS ADJ. COND. rP PRICE PRICE ACRES/UNITS VALUE S I MO N E A U. E A L A N 8 L I N D A M MA P— E #LAN D 1 20o,600 CARDS IN ACCOUNT — L 10 18LDG.SIT 1 X --3"' =10C 1.86 29999.9S 55799.9 .37 2U600 #BLDG(S)-CARD-1 1 94,000 01 OF 01 A #DL LOT 1 COST li-4-6UU- N BATHS 5.0 U X C= 100 17500.00 17500.00 1.00 17500 8 #PL 38 PINE GROVE AVE NY MARKET 123200 D FBA FIN 8SM S 24 X 32 C= 100 20.85 20.85 768 16000 8 #RR 1249 0100 INCOME A #UP FY96 'USE D APPRAISED'VALUE D J A 114P600 A U PARCEL SUMMARY T S LAND 20600 A T BLDGS 94000 0-IMPS M TOTAL 114600 F N N CNST E DEED RFFERENCE Type DATE Reoo,deA PRIOR YE A A L U E A T I I Book Pege Igst' MO. Y,.p s-le-P"c, A N D 600 T S I 9378/346TEI09/94 119200 BLDGS 94000 U 6994/081!, I:12/89 L 145000 TOTAL 114600 q 6975/304:.. I,'12/89 H 124500 E BUILDING PERMIT APTS. S` Number Del. Type Amount LAND LAND—ADJ INC ME SE SP—BLDS FEATURES BLD—ADJS UNITS APTS. ENTRANCE 20600 33500 B27747, 4/85 ND 60000 GAINED TO 4 RM co-L To1.1 rear Buill N. Obsv. A P T- Class Units Units Base Rate Adj.Rate A 1 Age Depr. Cone. CND Loc %R G Repl CoSt New Atll Repl V.lue Stones Height Rooms Rms Baps -fic. P-rtyw-II Fec. 25C 000 100 100 81.40 81.40 85 85 9 92 90 85 69.3 135682 94000. 1.5 8 6 5.0 20.0 D.SC,i plipn Rate Square Feet Repl.C-1 MKT.INDEX: 1-00 IMP.BY/DATE: ME 11/8 7- SCALE: 1/01-0 O ELEMENTS CODE CONSTRUCTION DETAIL S 8AS 1U0 81.40 884 71958 FAMILY. CNST GP:00 T B15 42 34.19 884 30224 *-------------- -34--------------- STYLE 18 ULTI FAMILY 0.0 R ! 815 ! E�.IGN ADJMT _ LP 00 .------------------ 0.0 ! ! EXfiE9--W L L 9 fOCBD H TSIN6lE0 U ! EAT/AC TYPE 03 ______ 0. C LECTRI 1!0 T N.I! ! 61TE`R:FYSH 04DRYWALL 0.0 T ! ! INT-ER.LAYO0T 12 VSA.TNORMAL 0-A U ! ! I NTER:rAUALTY- -02 AKE AS EXfiER._ 0-=0 R 26 BASE 26 LaJR-ST-WOCT- -02 0-JOISTISt-km -U-0 • A W ! ! e LDJR-COVER AIF-04 PET ------------U:0 L E Total A,— Au. Base- 384 ! ! 70OF-TY?TE ____ _01 ABLE=ASPH-EN_---U'--0 BUILDING DIMENSIONS ! ' ! ELT RIZ-AL sat V�RA'-G-E-----------U 0 T BAS W34 N26 E34 S26 .. 615 N26 ! ! OLulfDATZ-Ufl---- -Ot .WREU--COflL-----W.9 A W34 S 26 E34 .. ! -------------- - ---------------------- . -----NEIv}fBOR UO -62AC-}fY9flNT5------- L ! ! LAND TOTAL MARKET *---------------34---------------X PARCEL 20600 114600 AREA 1229 VARIANCE +0 +9218 STANDARD 25 , c, .r;,. ,a.'.�.u �, -„... _ + t,w�,'t-'.'L;="""".'�.'.�•hw',.' "}.",:"�."'xtp.:r-.r'Arr•-v, ...w. t "w"- g^u•"yz`'' ,wa. „ 'I...y.F.'P "..::`. .'x z„ ... r [ .-£ d's,•t'r:7i 4} -r't�: .- sf 'a+y,� ... :pc y#.,'. ,-�✓, j,�'i'.,.- •. ^.:: T 'f:'"Sv:�:..•. T .5... "" i. � M1• I'� �.5� 6k- 4-� .F: -:^. :t:,.:, „ 'r, :z'k�.. t. _s. . . r«.. «f:. .,�,:. ,�,- �,.�.,Yye _.,,_.� .-... ... i�-:a.X#,L ..L. �n ,",.�; :.r>�:.1'kF -'�'� �.q• §:- :. . �: ..�i. :..-.. ..�-S. .. .,# - 8.. ..... ,. ..-Y',t I C' `4, >, :'*�::4s,..x:. •_{.... t' :,, r ti"�i° .Y^.. iW k > ^srl' .`0• .C:,- , ..�, :�,�.. .:-:.,. •.,.a .. .,;.. . y3�"...,,,... .L,,... .,. ,. ,.. .,�.# �..:..,,r ;a. ,.:•+o-•....4., _F,. x.'.. }. !a:�'°k s.,.. ��. � tl �"+�. ..y.rr � ...4, �.' �n. '-•�',:.• "�' .>.. ..,., .:',. t,} ..,� :mt t� r ,...:�''. ^ ,�::a r;�t5...«i'_-.,.. NS c. ....,.- ,,,. •L., ,»1 ;., <Wa,. _�# .,�.' tt '�'.`u•'s�, ,}, '>w-:rgvt ��'*}:- ,.+s��: w,,:..., +` ig ,x„}.: •,+.,.;. 't•a,;:'r. ,tf y.. z�re .. �' "�;,' -r_ a?s:h `. +.. #:. #+1d, d• ?t .--. >. S. :F r .s.'.x : . ab.;w'1#�6.iv,isyw�a�•w'w'XM>G��."xti i� £ r3� iF„ R .+y,y } „ r,ti ,f i• 'Es7 ,w ?• ., '• ,,� �� r �. -� .� .. , , -4 � �„•. ,, ,,� - �` � �a � �+. :r�.`�, ESIDENTI-AL.� PROPERTY r,L•;,�?r,., ,, a.... -- ."�' M,,. >. ..r....,..^ .`k'J:.r,. y+� >».,3 .3•w.,.... ,. •. .. _ s�,•, a •i � •.s: „�., r :s'i' - FT:^ .,. 1`,.E >. #"�:. h �-'� z "':L..itd >.�,�7..5; ..:. t i 3�: •I rs`n`Wta, 4.,-n•s. - , ,;. -. ,- ..2— - j3 _•-..ti Ye :' •✓ Z.:- ...A ,'.. •• ,. y. -.,. ': - C CS 3 ei\ �'H�RV «fi�;:.xlt:!a•�-�:. .,. .: ,,.� .:,.. ».. iV. s •,;,. + +t i, +r y'lw";g ,ih :I"•'u.. +�;Y.r,.-•h>LOT: NO. D fsrRicr' �•#.F_. ..u^. x.:;A- ...: -.x.�. .� ,• �' �' SU MMARY� TREE . , 5" n s �t .c. = i ; ._ T Pine Grove Ave.: :,5, .� a n, ' Hyannis' . ei' �: P� A 757G';SLAND., 4� � it +r... 290 ,lµ: r. ;'li. t. #; *W < "_t# {: `' .•.:1 •h'r-.:.: `BLDGS";»`"d. 7c... 59 OWNER" s k �. aq.- �' r IN ? •. ; *"s'' g .` �' -"TOTAL. t, , - ^ RECORD OF TRANSFER DATE-� BK PIG '.I R.S.� REMARKS +LAND A.. �IYTA GS � r.• s e�-x Veto -Mildred A 11-26-35 516 323 LS 2 ..• c_ LAND ,,, `S�xS-,+:•.':1 VI Q k, Na c z BLDGS j e . 0 , /E tom© �1//V"'•'�i�. 6/ OS d <S r.,,. .fixxa MckL `TOTAL{ V a ✓#� r p iLo'NE E57a Niv�S 2u sTCa LAND - , a ` u. /O �o '7 OG }w }r „i L x �x3" x 9KhSriR� rA" S titi Lw rgNd ib"ty :BLDGS.r a �: 0 € ,TOTAL 1fr • - yG. I t. , f ��'..f 4 .mow re'�P.' � t '�' .t .'S .F.. ��.'4 +BLDGS "3ornwc:,.:�:;Maw,t, -x•,w:•t.^ .. .}�,,. ,t s,... a •, ,¢,. 9 31- f' - .,r q xvewa T%+;o-rwv .a�,, a.,j: ,i:.: 01 wy y T AL. 4.µ}se.,,-e•..:s .i a•,Y t , t •,� •�. GT ,,_ _�3 a L�-<. ., _ r +. `� .gin, - #.. �,,. ,....z:+:� -.•�o t r...L; F fit. ti..r ,u�t""'e#:�u.67'i'�;::Mr#�' *.aY,i«. •. r _ `k�:u:+..��,Ys 4,5i .z,.,n `` -t a `°-•:.' ,`.:. ,,..,;. '}• t +<-d+ n{rc g:* s;s1k:R w�at,Ypr a ay„ ,•t '-n; a'r.,>+I,r;s w 3a„ "i• TOTAL ,"rr'u '��- .;.. er>.. : '-.:ar ... ,•0 , .. ._a .- ,� � '�": r�r•..�. ,M:.,,.N x._ w,:'#t a��'k,•�� -- .-*._•Cf:� .-cw�.:ts''tm'v:9.•,a.''7»;c` d H�N. .s y „,�.. y . .• . . ' '= '� ' 1-:7� v� :s �, <3 .tea"' ;tF aka IAND a7 54C '�' .r,: ", it a � � r.�+-',•�. «•i.��- `�'... Rz; v.•,.,_a a.d ',�..,-.�.sf+�•�t-,_t Sit!�t!BLDGS:INTERIOR INSPECTED 3 a:F t & r�,',s , � ., 3., :..,,, ,i,.,d„..,k.,. ?y''. r,;r. Tt i�""S '7�,E,.". '?•'' ".y�' ... y:.: .;,. •.�:. } y .'i.*.i L .�.. .f,�5..% ..�x"; ,�,'1'`..',a...,7 :!'.�u.. a _ }} .. -. ,- ._ .-._ •;".,_. ..,s _'.,�.� ': ._.. ,:_..: ...r '• '� ! _ •c� �F t f�[' '�,w"+„'�X.X-u,i-•�eya,�,� .LANDt�.,., ?��� ACREAGE.COMPUTATIONS a ..�: �/4✓t1 8 is t..` ++ sue` .y. M" � r� - � � »� 1'BLDGS LAND:TYPE . . , 'k OF'ACRES :'r a PRICE..". TOTAL DEPR. `."�+ VALUE ' ;` ;TOTAL 81 _. ` M; �'i.` ..,' ,o =. ° ., • .�; ?: , ,; `.s �•.��� ,rya + 'rrx"� t�IAND 4CLEARED,FRONT. i rY'''t' :" ;, rF ; xn BLDGS tr, , 1Y Wlsi, ?STOTAL R +4,- ..,....,. •r rc:;G7+Yatcw-. - r ?:.' E .,. max.-..a.r" w ,.tt �•s«''1 Y .:j`3-.a C.,•t'';..'. ::.aL,l.:t:.ts..,L.Sr-*,c;.#,y .e: ;.,.;•s.S`to ...'•Ya ;s3:>n5a ',,¢,•WOODS&SPROUTeFRONT a, ♦ r c €: r .LAND s a ..,;,• r.-..,,a. ,� ......,M. �G-#'l'„ .,,•_t ,abe,v7,Lt'1 }thtx REAR+ �„- +�rWASTE^FRONT :. e + ;.;. rt +r#a• s..' y tr A r Tt:t1gY;ree� }a �a LAND d i m s �` ' .< REAR t "+ A �' ?;L, '� T,y, �r+7''cryys �d"s,," ,Ih•,.r.- *y; a'#-' �.rt•,.YYSyw� .y tz # �r •,: �.. - „ . ,.:, � � €%.TOTAL� k`��, �Ir'�..•.Y„h•*+vx ' - 'k e t` �+ _ ,�v is�ir ,ram5.,su •�„FA'tcf'i.C.sw,�,t ,z- f>,.;il, �`.., :. :. .b. a' ` -,-t - a �' �t a +: ;«� .n,.•�-a�,•.w,a.�..a:iit ^titre ;' �- �IAN v'�` dWr!xlz: p ..i r� .cam• - v.. C _ e �,cyrt k �t Fra BLDGS Y .. " - � x - -S � ;1+. ..'4,...,_.,;�e�^r.`>3ar-akwia-+''.LFtW 101.E •,- L_OT COMPUTATIONSy a s ra a AL": «ate v« i5u —x•' ,'.' < L"ANDS FACTOR$ yw ,. p e:..i ,.. .- : , �,:.,... ., :ic w:r„l,nt- ..":,:,. ...,•!s1 :u,.,a„Se as 5.�,"ryM ,�: d#w' "A,• .':"F—x„'« DEPTH, �•,:STREETPRICE DEPTH FRONTFT.-PRICE TOTAL ,:- 'DEPR., -COR. INF ,.'+r:VALUE?'<t".:Y- ,;.=..r�.- •_.zx .:«..: - ik•}!,... x..>.w." .,.=��r=,.,,: %.,. :a _ _ HILLY,ti,. .TOWN .a�dd+�rv,F�+a�, in�yv�,,:re.:a�dr+x.#,u�•'-4�... ..- WER ....� ..cs- .. r.. ,- . w v _ :.. _ .Cs. .•, ,. .,,;r ..». .y, r, ; !k•3 �- .}t . , k ,F -+.SE nr x•-.,:,3,,-,,...-,.,e. » .: :.:•..:, ,.r�,.,.a :. .,t>', a.,.,:x,.:-�,x. :,..,..;., t;x._::- ,f:,.;#•.., .' ..� kR�' ,awcK... JS.R'OUGH ,e } z" r 'TOWNW E "^a .� ':' _e, Ul�£'.:.6STh F"a .F« ',rd 'F' -#'-,- ..aa•*'-ram' ,f' k iz_ 4 •. r ^gy: Y.. z,a TOTAL. r tt t HIGH . ^T: z.'fit ?: r._,-- _.. .. . 4..- P•,.- _.„.:- +-,..,,. -:` �'. :'w;i _ .:":: c: f -n.,.r`.: »:-r «._ gw' .,;p.' > .'I '.,..,, ,x..,,.. g ,.T... ,,..r , _ -.v ;,.: _...•:. a .^b' ,: j'• `*'a';'" ,.+z.•fir ri'LA +•d.r .:3� _5"n.'hL,: ,fir' - r:�•..•a ,,::r' .,r.o.. f :,:- t Y:.:.'>r. LOW.�`Y...a.•a'>a:'. ..':.Ct''. ? '� ' -... -,, ,,.w�... ..,.. , / >P,x „ �_ �,, - ,r �,,x„� t^., RD�.•ry.�+t �' ` r�, Z _t w �} L.'' ' P f' A TOWN OF BARNSTAME BUILDING PER-MIT APPLICATION 41 Map Parcel Permit# /a D 9,-.) Health Division IL 31WO-2, I VD Date Issued AkAe? Conservation Division �� �� — �" 0 ®® Fee ©® Tax Collector li Treasurer �/� Q� `JPTAW Planning Dept. ,� ; W,TISION VWQ.R- Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address l h r?y ` Village Cv/IA 1 S Owner c d / ? (:,6 1 ee4 Address 5AM Telephone SOT 7�d 10 6/ Permit Request lV d- 41,eF ( x/ Z ST'�6! S� J2wt,z& 3.7- Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total new Valuation Zoning District Flood Plain Groundwater Overlay Construction iiTyype f Jvo d 4u M Lot Size l.' km_& Grandfathered: ❑Yes Wo If yes, attach supporting documentation. Dwelling Type: Single Family U Two Family ❑ Multi-Family(#units) Age of Existing Structure d4K Historic House: ❑Yes ®'No On Old King's Highway: ❑Yes ❑-Pdo Basement Type: ull ❑Crawl U alkout ❑Other Basement Finished Area(sq.ft.) e, o-0Sy Basement Unfinished Area(sq.ft) a2 YV Number of Baths: Full: existing S new Half: existing new , Number of Bedrooms: existing new Total Room Count(not including baths): existing new eO� First Floor Room Count Heat Type and Fuel: G0' as ❑Oil ❑ Electric ❑Other Central Air: ❑Yes ®'No Fireplaces: Existing 610 New Existing wood/coal stove: ❑Yes C9 h<_ Detached garage:❑existing ❑new sized Pool: ❑exist//ing ❑new size Barn: ❑existing ❑new size Attached garage:❑existing ❑new size � Shed:2xisting ❑new size Other: Zoning Board of AppealZo ization ❑ Appeal# Recorded❑ Commercial ❑Yes If p ,es site Ian review# Y Current Use &d Proposed Use S� d , ' BUILDER INFORMATION Name Dw��� Telephone Number Address License# . Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTI RI ESULTIN FROM THIS PROJECT WILL BETAKEN TO SIGNATUR DATE FOR OFFICIAL USE ONLY PERMIT.NO. DATE ISSUED MAP/PARCEL NO. 'lr ADDRESS f VILLAGE t i OWNER- f .:]PATE OF INSPECTION: t FOUNDATION FRAME % 4 r i INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. qJ The Town of Barnstable ` Regulatory Services ' Thomas F. Geiler, Director Building Division Peter F. DiMatteo, Building Commissioner 200 Main Street,Hyannis MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that.the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing.at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. V YP _,I �`�`'. ten, T e.of Work: Estimated Cost 5 v U Address of Work: 43 Owner's Name:' - Q�tJG'� 7 Date of Application: I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job U er$1,000 ❑B ' ding not owner-occupied LJOwner pulling own permit Notice is hereby given.that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name/ Re s tion No. OR ✓ \ q:forms:Affidav :rev-122001 Ilse Commonwealth of Massachusetts �i Department.of Industrial Accidents —.._ 011TcaUllaras�lQul7oas _ — 606 Washington street Boston,Mass 02111 Workers' Com ensadon U=ranee davit /�� MM nme L 6-1 /UL�/iZ, aex, oration: 3A,,e— citv G�1771 ems. one MII I am a pcdo:=ag all wozk myse!£ ❑ IaJ'm a sole PrvPnctor trod have no one vvudd z;is aav .�.7 7 aa wOZiCGfS I am this'jog. ....... ............... for ?.;...::::::;:•::::::::::....:.•r}:?;:J]}Jr]:{•}::.�.:.>"?•,�:};:{:::......{...,•r:t}>; ;::::}}: .. ... Mg ......:. ............v ......... -..... n..t..............:.wN, ........NYiC:•:i(Jn`....t,%K i::v:{ti]}'vi . .............. 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'Z � Qi•::•:::. .... >?.�^:b>.:.:.... �- .a•....Tura ... �.:... �C-LQ�::.;%k!''�:?e;..;?aY:�%Jti::'...„,�..`�a)?.;::?::::.°r�.,°•�]M•NTHo£2°Sti4'y;ai;?!:�.?1Sf7.�Cp�^ 4.::3:•:�';�.?rt•??5.::.::.::>.:::•b-a?:;Av::j.:a::•i,::>>.!iwp.:L::,.:•::�":?{;2;;:::??:_• a Faibae w secm a�esa;e sr aguiesd and-Be cdM2"o(MM.M cmimi to dM AMP=MMKOccshNMd pmatttn sea dM up to SI.SOO.o4 afar 7VEW tq o wed as ciTn puuMn fz th@ form of a SMP wGBK CM=d a&s etnoem a dg agdmt me.I that o OW of thta statmtimt be forwaded to the OIDoe of Ia�e�tl=affom oftb!DlAtar.ee•eisp odlooL I do htreby �P P lPQ1�9 th�tdaeir¢arReatia>;Pi1°Rdedabatie it tsge o�carted Sion Date _3 1,1116 Plimt C :pcnom do not weita to this arm to be o pietsd by eflf or tows 9AWA pew.M Build7ai pueeQaac Bo.sd _•dLate response is requited ❑sdectmas 00= _❑He Lthnep:+scm� phme ti; ❑emu (ts...0 093 PIA) Information and Instructions Massachusetts General Laws chapter 152 section 25 requites all'employers to Provide workers* compensation for their mpicyees. As quoted from the"law",an employee is defined as every person in the service of another under my C0 If hire, e:tpress or implied. oral or written. or any two or more of %n emplover is defined as an individuaL partnership, association, corporation or other legal entity, Ioyer, orthc rec,-e 0 he'foregoing enraged in a joint enterprise. and including the legal representatives of a deceased gve rusts.of an individual.,partnership, association or other legal e�tv, employing e=aployees. However the dwelling h of a iwelling house having not more than three apar==and who resides therein,orthe occupant of the dwelling house of ma:r,re any Or arr wQtiC on SIIC�l dwClllIIg emtm s C: mother who employs persons to do , construction rep house or oa the_ iuildiag appurten=thereto shall not because of such employmect be deemed to be an employer. MGI:chapter 152 section ZS also states that every state or iocat.liceasing ageney..shaIl withhold the issuance or renewal of a license or permit to operate a business or to coastrad buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance ge required. Additiona with the insurance.:overaIlY, rrith the commonwealth nor any of its political subdivisions shall meet into any cm==for the performance of public work:until compf liaacc with the n,� requirements of this chapter have been presented to the�cring acceptable evidence o . authority. - Applicants sit�and easation affidavit completely,by checltmg thebox that applies to.your Please fill is the workers � may names,address and phone munbcrs along with a=dfic3ft-af insurance as all affidavits and supplying��' Also be sure to sign mbmiued to the Department of Industrial Accidents for of iastaaace coverage. date.the affidavit Iba affidavit should be.returned to the city ortowathat the applicatiaa for the pemut or license is being requested,not the Department of Inc staal Accidents-,3bould y=have any q�ons "law"or if S-cu are required to obtain a workers' compensation p olicY,Plmse call the Department at the member listed below• City or To was ._ �.. _. ..,. . The D artmeathas ded a space atthe botsam of the Please be sttre that the affidavit is complete and printed legi�Iy. eP P Plmse ag&yit for you to fill out in the event the Oice of has to caataci you regarding applicant. be sore to fill inthe peiik4icrose number which will be used as a reference=Mber. The affidavits maybe rctaxnEd to the Department by marl or FAX unless other an=gements have beeamade. The Office of luves ='ens would lice to thank you in advance for you cooperation and should you have any q please do not hesitate to give us a call. The Department's address,teiephane and fax number. The Commonwealth Of Massachusetts Department of Industrial Accidents amce of lavesduations 600 Washington street Boston,Ma. 02111 fax#: (617) 727-7749 phone #: (617) 727-4900 ext. 406, 409 or 375 RESIDENTIAL BUILDING PERMIT FEES .' ' APPLICATION FEE New Buildings,Additions . $50.00 Alterations/Renovations $25.00 Building Permit Amendment $25.00 FEE VALUE'WORKSAEET NEW LIVING SPACE square feet x$96/sq.foot= x.0031= plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot= x.0031= plus from below(if applicable) ACCESSORY STRUCTURE>120 sq. >120 sf.-500 sf .$35.00 >500 sf-750'sf 50.00 >150 sf- 1000 sf 75.00 >1000 sf- 1500 sf 100.00 - >1500 sf-Same as new building permit: square feet x$96/sq.foot= x.0031= STAND ALONE PERMITS Open Porch x$30.00= (number) Deck l x$30.00= �Q (number) Fireplace[Chimney x$25.00= (number) Inground Swimming Pool . .$60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) Permit Fee projcost f , t BASrAB The Town of Barnstable ''SS' Regulatory Services �p s6gq. �0 Al fo MAC a Thomas F. Geiler, Director Building Division Peter F. DiMatteo, Building Commissioner 200 Main-Street,Hyannis MA 02601 . ce: 508=862-4038 Pax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION /r/ Please Print DATE:__3l l7, . s JOB LOCATION: number V street 47�+ _ � / village "HOMEOWNER": n 4/Q� ��Q^ ��(7� y-73 name ` D home hone# work phone# . CURRENT MAILING ADDRESS: v4�- d G �. nr1-Z l� e C< tOPm state zip code The current exemption for"homeowners"was extended to include owner-occupied•dwellines of six units or less and to allow homeowners to engage an.individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who.owns a parcel of land on which he/she resides or intends to reside,'on,which there is,or is intended to be, a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home.in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building hermit (Section 109.1..1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The'un rs' ed"ho owe 'certifies that he/she understands the Town of Barnstable Building Dep tme i ecti n procedures and requirements and that he/she edur d ts. will comply with said . Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states.that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section log.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such,Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit . application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:FORMS:EX%1PTN AS/LOT 78-1 174.10 N80°05'30"E o ° i DECK LOT 1 AS/LOT 159 _ HSE #38 26. 3 -_ 0 o LOW � C T {J t N N, 0' 66' 1 AREA � 15 ,579`3210 W LOT 2 AS/LOT 160 I i PED BUILDING CURRENTLY IS BEING USED AS AN APARTMENT BUILDING ZONE- "RB" This MORTGAGE INSPECTION Plan is or FLOOD ZONE.- "C" — — — — - REGISTRY OWNER: _E. ALA—N &LNDA SL�IONLAU — — _ _. _ EF: -R?,�/�- - - - - -BUYER: -PkVL0—YA4A21EL - - - - - - - - - - - - �21�8_ - - - - - - _ PLAN REF: _280 6 - - _ - - - -SCALE: l"= 30' _FT. CERTIFY TO C1 _ ______ -sue ____________________THAT THE BUILDING ��� °f eYANKEE SURVEY THIS PLAN IS LOCATED ON THE GROUND AS �'�' sND THAT ITS POSITION DOES __r_ CONFORMS P�UL CONSULTANTS TO THE ZONING LAW SETBACK REQUIREMENTS OF THE MERITHEW ND (SUITE I) TOWN OF _ BARLV.SE413U-------------AND THAT No. 32098 INDUSTRY ROAD IT DOES—NOT _ LIE WITHIN THE SPECIAL FLOOD HAZARD �� ,�'�' MARS TONS MILLS, MA. 026df3 �J� '�CrS1EK �. TEL: 428-0055 AREA AS SHOWN ON THE H.U.D. MAP DATED— �9_�__ ���Hp� �Nc; Co a itv—Pa l # ?50001 0011 D FAX: 4�0—��53 _j THIS PLAN NOT MADE FROM AN INSTRUMENT 23929 A. MERITHEW, PLS SURVEY, NOT TO BE USED FOR FENCES, ETC. TO /) ` ' TIME DATE (-j / M. ��e#umed Ci Lalfed#o ycmr suu you �- I�Please ❑W4n#s#o OF k 3 j . PHONE �/rf J, �Ci l�Ni�tEcali L Yon' / f/ gynin � know MESSAGE / T` OPERATOR: OA 23-024-400 SETS 23-027-200 SETS j I i � ii }{ ' { _ � - X. RESIDENTIAL PROPERTY MAP NO. LOT NO. FIRE DISTRICT - STREET Pine Grove Ave. Hyannis SUMMARY 75. LAND _ H BLDGS. 290 159 OWNER TOTAL S p LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: Le 7- -- � BLDGS. eto, Mildred A. 11-26-35 516 323 TOTAL .37 a LAND IN\ ` MILDotF:1T Ld A5141Y1GT0tJ rn BLDGS. lx, AlN /,�/;q /c.% ,.- TOTAL —� Z PytLc NEVES 7r i�Nr_h5 ! a,t-C� LAND G'; BLDGS. TOTAL LAND BLDGS. TOTAL LAND BLDGS. 01 TOTAL LAND BLDGS. 01 Was part of 290-79 1-1-7 TOTAL 1:�BLDGS. ND INTERIOR INSPECTED: TOTAL DATE: ��'L _ LAND ACREAGE COMPUTATIONS J c, �U 7�i a) BLDGS. :AND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL p IQUSE"LOT '' �'� 7 /, d �_� "��',,<•:-..,] LAND :LEARED FRONT - BLDGS. rn REAR TOTAL VOODS&SPROUT FRONT LAND REAR BLDGS. rn VASTE FRONT — TOTAL REAR LAND BLDGS. TOTAL LAN D BLDGS. Of LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. HIGH GRAVEL D. TOTAL LOW DIRT RD. LAND SWAMPY NO RD. BLDGS. rn "ROPERTV ADDRESS I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I cross I PCs I NSHD I PARCEL IDENTIFICATION NUMBERKEY No. 0038 PINE GROVE AVENUE 07 RB 400 07HY, 07/Q9/95j1W00 62AC LAND/OTHER FEATURESDESCR ormens,on IPTION ADJUSTMENT FACTORS Y UNIT 'ADJ'D.UNIT SIMONEAU. E ALAN St LINDA M MAP— Lane By/Date sue LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE ACREWUNITS VALUE Dexription CO. FF�Deth/Acres 11LAND 1 20.6D0 CARDS IN ACCOUNT — 'L 10 .1BLDG.SIT. I X .37 =10 186 29999.95 55799.9 .37 20600 #BLDG(S)-CARD-1 1 94.000 01 OF 01 A #DL LOT 1 COST 114600 N 4S 5.0 U X C= 100 17500.0 17500.00 1.00 17500 a #PL 38 PINE GROVE AVE HY MARKET 123200 D FIN BSM S 24 X 32 C= 100 20.85 20.85. 768 16000 B #RR 1249 0100 INCOME A #UP FY96 SE D APPRAISED VALUE D J A 114s600 A PARCEL SUMMARY T S AND 20600 A T LDGS 94000 M O—IMPS TOTAL 114600 F' E N CNST E N DEED REFERENCE4 Type I DATE M Re—ded PRIOR`YEAR VALUE A T Book Page 1-1' MO. V r. Salas P""' LAND 20600 iT S 9378/346TE1-09/94 . 119200 BLDGS 94000 6994/081: I�12189 L 145000 TOTAL 114600 a :4975/304:_ I'42/89 H 124500 c BUILDING PERMIT APTS. S N—bar Data Typa Amdrnt LAND LAND—ADJ INC ME SE SP—BLDS FEATURES BLD—ADDS UNI S TS. ENTRANCE . 20600 1 33500 B27747, 4/85 ND 60000 G INED 'TO 4 RM Cprsl. Total A e I r Built N DBDr pm. DDSV. T" ss Base Rate Aej,Rate Age CND loc °A R O Rapt Cost New ACI Rapt Value St".. Heigh Rooms Rms Batna I Fir. Parly.aN FaC. Units Units Cone. 000 100 100 81.40 81.40 85 85 9 92 90 85 69.3 135682 94000 1.5 8 6 5.0 20.0 `DesvipDon Rate Square Feet Repi.Cost MKT.INDEX: 1.D D IMP.BY/DATE. ME 1 1/8 7 SCALE: 1/01.D D ELEMENTS CODE CONSTRUCTION DETAIL BAS 100 81.40 884 71958 1 f6b FIVE FAMILY CNST GP:00 815 42 34.19 884 30224 *--- 34---- ------* STYLE 18 U_L_T_I F_A_M_ILY_ 0.0 f — 815 ! ES_IGN ADJMT _00 __ 0.0 1 IY9A.GALLS 10 ' F'BD%SMIN6LE 0.0 ! ! J EAT/AC TYPt 03 lEtfiRIC---------U.O ! NTER:M11S11- -04 itYYAtl----------U:O f ! ! INTER:LA700T T2 ll-7Af6AflA-L-----U.O I ! ! NT-ER:'iURLTY- -02 Alt(E-AS -EXTE(!:--U.O 3 26 BASE 26 LDQR-STiFUCT- -02 W-JOT9-T18DfK----U 0 W ! ' E LD-UR-CtiVER- -04 _AWPET-------------- E Total Areas A.._ Base _ 884 ! ODF-TYPF---- -01 AHCE=ASPfl--SH----0..0 BUILDING DIMENSIONS ! ! LETT RI�KC 01 VERATi-E .U.0 T BAS W N26 E34 S26 .. 815 N26 ! ! OUNDAT2IIN- - -01 .WRED--CORt- ---qv 9 A W34 S 26 E34 .. -------------- --- ---------------------- ----NEIGHBOR OD 32AC--KTARNTS------- L ! LAND TOTAL MARKET *----------------34---------------x PARCEL 20600 114600 AREA 1229 VARIANCE +0 +9218 STANDARD .. 25 �� \� \\ \� �� � � � C� � � CLASS I 0038 PINE - GROVE AVENUE OT: RB 400 07HY : 07/09/95 : 1111 00 6 A ' LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T` UNIT ADJ'D. UNIT SIPlONEAU. E ALAN $ LINDA M MAP- Land By/Date Size Demens,on p ACRES/UNITS VALUE Description j CD. FF-De th/Ac, LOC./YR.SPEC.CLASS ADJ. COND. PRICE PRICE #LAND 20ib00 CARDS IN ACCOUNT - L 10 1BLDG.SIT .: 1 > X: .3 =10 186 99.9 55799.9 .3 20600 #BLDG(S)-CARD-1 � 94L000 01 ' OF 01 . q #DL L07 t. OST 46 ' N BATHS' 5 .0 U X > C= 100 17500.0 17500.0 1 , 00 17500 8 #PL 38 PINE GROVE AVE" HY MARKET. 123200 E) FSA FIN SSM S 24 X 32 C= 100 20.8 20.85 768 1b000 3 #RR 1249 0100 INCOME #UP FY96 SE A APPRAISED ' VALUE A 1140,600 0 PARCEL SUMMARY A U AND 20600 T S q ! LDGS 94000 T 0-IMPS MTOTAL * 114600 F E N CNST E N DEED REFERENC Tape DATE Recorded PRIOR YEAR VALUE A T j Book Page Ina". MO. Yr.D Sales Prig. AND 20600 T S I 9318/346TEI09/94 119200 BLDGS 94000 U 6994/081: 1"12/89 L 145000 TOTAL ' 114600 R 69751304:.. Ii2/89 H 124500 E BUILDING PERMIT APTS. S+ Number Onto Type Amount LAND LAND-ADJ INC ME SE SP-BLDS FEATURES BLD-ADJS UNITS APTS. ENTRANCE 20600 33500 B27747 4/35 NO 60000 . GAINED TO 4 RM Cons,. Total e r Bu lI Norm. Obsv. APT.. • Class Units Units Base Rate Adj.Rate A t Age Depr. Cond. CND Loc %R G Repl Cost New Adl Rapt Value Stones Height Rooms Rma Baths 0 fix. Partywall Fec. ,. .. ................ 25C 000 100 100 81. 40 81.40 85 85 9 92 90 85 69.3 135682 94000 1.5 8 6 5.0 20.0 Description Rate Square Feet Repl.Cost MKT. INDEX: 1•00 IMP. BY/DATE: ME 11187 SCALE: 1/01 .00 ELEMENTS CODE CONSTRUCTION DETAIL S HAS 100 81.40 884 71958 CAST GP:00 815 42 34.19 884 30224 ----- - STYLE 18 ULTI FAMILY 0.0 R ! \ 815 ! ETIGN ADJ1T_ -0© ---_----- - 0.0 ! ! E XTE9�W)C LS 10CLP8D�SHINGL E 0.0 LU _ C - ! EATIAC rtYPE 03 LECTRIC ------0.0 ! N�T_EkfFTNISN 04 RYNALL ---------- (f.f) T ! ! NTER:LAY00T -T2 VE9.TWO ftAA1 - ZT.0 UNIERa21TKLTY- -02 AWE-AS-EXT-Etf:---M0 R 26 BASE 26 CTaq_3TRUCT- -Oz W-J0-Y115-TIBE-04---UFO A Y ! ! £F LDFUR-C-OVER_- -04 -A-WPET-------------- .O L E $84RODF-TYP-E---- -01 ATTCE=ASPR- YR _0.0 ETotal Areas Aux= Base = -- --------- . BUILDING DIMENSIONS ! + LECCTRIrXL 01 VERAZi-E -U 0 T SAS Y34 N26 E34 S26 .. 815 N26 F 0UN-1)ATI­O`N-- - -01 .VURED--00AL-----VV,;9 ili 4 S 26 . E34 .. ! ! ------ -------10- - ---------------------- E_ 1 SORD Z;7AC-NYAflNTB ------ L + + LAND TOTAL 'MARKET +�----------------34------ -----X PARCEL 20600 . 114600 AREA : 1229 VARIANCE +C +9218 STANDARD 25 TK.w�!' , 'N-• "':'ty�"3F•�Te "`4ii nIDr s'.' ...sae+I—T �-b�.:�+ �f , ,�r�•�``s)s't'" "5�"��`s".,�� Ym .r7• `7��k,}i'ti'.v)F�'3^�'$ ����. - . a i -�T.LtiJ _��t:-.4�-w .Y i'�4 ga .r'�•'l+. a �- 3'3f { .:.p PINK DEPT. FILE COPY./WHITE-FIELDO' Y/_YELLOW-APPLICANT COPY o° 3 BUILDII� T WN OF BARNSTABLE,MASSACHUSETTS PERMIT ., VALIDATION i A=290-1'59 --- -- - DATE April 11 19 85 PERMIT NO. N` _yrY^^! • 4 • APPLICANT Owner owner ADDRESS (NO.) (STREET) (CONTR'S LICENSE) PERMIT TO Build dwelling , ( 1-p STORY Single family dwelling NUMBER OF UNITS l (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) i 38 Pine Grove Avenue,. Hyannis ZONINGDISTRICT AT (LOCATION) (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE i BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTI, I` i TO TYPE' USE GROUP BASEMENT WALLS OR FOUNDATION j - (TYPE) I TOWN SEWER REMARKS: BOND AREA OR 884 sq. ft. 60,000 PERMIT s 53.00 VOLUME ESTIMATED COST $ FEE (CUBIC/SQUARE FEET) _ William A. Nard one OWNER 89 Wagon Lane Hyannis, MA BUILDING DEPT. ADDRESS _. r i QUERY PROPERTY: QUERY • QUERY PROPERTY PENTAMATION----------------------------------------------------------- 12/18/95 PARCEL ID 290 159 GEO ID 19817 LOT/BLOCK 1 DBA PROPERTY ADDRESS OWNER SIMONEAU 38 PINE GROVE AVENUE E ALAN & LI 122 CHAPIN ROAD Hyannis HUDSON MA 01749 PHONE DISTRICT HY DEVELOPMENT STATUS C ASSESSOR' S CODE CAPACITY (NOTES) ZONING DIST/ZOC RB SEWER SYSTEM P FLOOD PLN/ELEV. WATER SYSTEM P OKH? # BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 16117 .2 OPER/MGR NAME WET LANDS MULT ADDRESS USE 111 (N) EXT / (P) REVIOUS / NO (T) ES / PER (M) ITS / (V) IOLATIONS / (G) EOBASE / (E) XIT •ROPERTY ADDRESS I I ZONING I DISTRICT CODE SP°DISTS.I DATE PRINTED CLASS Is NBIiDPARCEL KEY NO. 0038 PINE GROVE AVENUE 07 RB 400 07HY 07/09/95 1111 00 6 A LAND/OTHER FEATURES DESCRIPTION - ADJUSTMENT FACTORS Y UNIT ADJ'D. UN'T — SIMONEAU. E AN &` LINDA M MAP- Land%- land By/Date Size pth/Arre LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE ( ACRES/UNITS VALUE Description# nD 1 20/61JY CARDS IN ACCOUNT CD. FF-De th/Acre - * - 10 .1BLOG.SIT ' 1 : X : .3 =10C 186 29999.99 55799.9 .37 20600 #BLDG(S)-CARD-1 ` 1 94 000 01 pF 01 A #DL LOT 1 COST 46 BATHS 5 .0 U X : C 100 . 17500.0 17500�oc 17500 8 #PL 38 PINE GROVE AVE` HY MARKET 123200 FBA : FIN BSM S 24 X 32 C= 100 20.8 20.85 . 768 : 16000 8 #RR 1249 0100 INCOME #UP FY96 SE A APPRAISED VALUE R 114,600 t PARCEL SUMMARY U AND 20600 ( S LOGS 94000 T 0-IMPS M TOTAL 114600 E N CNST N DEED REFERENC Typel DATE KX Recorded P R I O R YEAR V A L U E T f Book. Page Inst. MO. Yr.D Sales Prior AND 20600 S I 9378/346TEI09194 119200 BLDGS 94000 6994/081: 1:12/89 L 145000 TOTAL 114600 6975/304: 1"12189 H 124500 BUILDING PERMIT 5APTS. 6 Number Dale Type Amount LAND LAND-ADJ INC ME SE SP-BLDS FEATURES BLD-ADDS UNITS APTS. ENTRANCE 20600 33500 27747 - 4135 ND 60000 GAINED TO 4 RM Const. Total e r Bult Norm. Obsv. PT...........�. Class Un11S Units Base Rate Adj.Rate A f Age Depr. Cond. CND Loc %R G Rep1 Cost New Adl Repl Value Stones Height Rooms Rma Baths fix. PartywaH Fac. .. _ ......s......... 25C 000 . 100 100 81. 40 81>.40 85 85 9 92 90 85 69.3 135682 94000 1.5 8 6 5.0 20.0 I Description Rate Square Feet Repl.Cost MKT. INDEX: 1 m 0 D IMP. BY/DATE: ME 11187 SCALE. 1/01•0 D ELEMENTS CODE CONSTRUCTION DETAIL i� BAS 100 81.40 884 71958 CNST GP:00 815 42 34.19 884 30224 *----------------34------�-------* _STYLE _ � _18 UL T I P A f�I L Y 0.0 ! 815 ! ESIGN ADJ 9T _00 ----------------- 0.0 ! ! EXTE_R_ _WALLS 1OCLP9DTSHINGLE 0.0 ! ! EArt/AC YYPE 03 LECTRIC---------IT ! I NTIR:FT91S W 04 RYYALL ----------�.{ f NTIER:LAYOUT_ -T2 V1E9_W_fWdAf4W_----IY.8 $ 26 BASE ° 26 L7TaR_S1'R0CT -02 W-JOTS-TIB1 WN---_ff._O N ! ! E LWR-CWER-- -04 A_APET'----------,-G0 D 884 ! ► ! 00F TYPE---- -01 _A9LE=7ISPR- S}T---_13--E Total Areas Aux = Base = BUILDING DIMENSIONS LE_CTRIr_KL 01 .VERAGE -G0 T BAS Y34 N26 E34 . S26 .. 015 N26 ! ! OUMDATZ-UN__._- -01 .- UREA--CONC-----W, 9 A w34 S26 . E34 .. ! ! ` -------------- --- ---------------------- i t -----lVEIi>,NBOR QD 3ZAC-1fYANNTS`------- L LAND TOTAL MARKET *----------------34------- -------X PARCEL 20600 114600 AREA 1229 VARIANCE +0 +9218 STANDARD 25 P 01 496 727 ' • Receipt for Certified Mail No Insurance Coverage Provided MM Do not use for International Mail (See Reverse) Sent to Simonea Street and No. P.O.,State and ZIP Code Postage Certified Fee - Special Delivery Fee Restricted Delivery Fee Return Receipt Showing p� to Whom&Date Delivered m Return Receipt Showing to Whom, c Date,and Addressee's Address 7 --) TOTAL Postage C &Fees is Postmark or Date M E 0 11 a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES lees front). I 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address y leaving the receipt attachbd and present the article at a post office service window or hand it to your rural carrier(no extra charge). OC k 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return ` address of the article,date,detach and retain the receipt,and mail the article. a> 3. If you want a return receipt,write the certified mail number and your name and address on a c°' return receipt card,Form 3811,and attach it to the front of the article by means of the gummed it ends if space permits.otherwise,affix to back of article.Endorse front of article RETURN RECEIPT C REQUESTED adjacent to the number. h 4. If you went delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. a 6. Save this receipt and present it if you make inquiry. 102595-93-z-047 SENDER: ■Complete items 1 and/or 2 for additional services. I also wish to receive the H ■Complete items 3,4a,and 4b. following services(for an ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. u ■Attach this form to the front of the mailpiece,or on the back if space does not . ❑ Addressee's Address 0 4) permit. d ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ElRestricted Delivery N r ■The Return Receipt will show to whom the article was delivered and the date a aelivered. Consult postmaster for fee. 0 3.Article Addressed to: 4a.Article Number 0 °= P 015 496 727 c d r4 Mr. Alan Simoneau 4b.Service Type �°, 12,2 Chapin Road Registered ❑ Certified cc I N Hudson, MA 01749 ❑ Express Mail ❑ Insured E c ❑ Return Receipt for Merchandise ❑ COD a 7.Date of Delivery i. r5.Received By: (Print Name) 8.Addressee's Address(Only if requested W LLI, and fee is paid) t LU 6.Srgnature: (Addressee or Agent) T X N PS Form 3811, December 1994 Domestic Return Receipt f � _ UNITED STATES POSTAL SERVICErJER. � Po fa&Tee-Slam&o -Pe mi No.G-'1`0- • Print your na , 4dd+r,�, and ZIP CA in;this ox • ' I � I TOWN OF BAR N S T ABLE BU ILD ING D I VI S ION 367 MAIN ST HYANNI S MA' 02601 Re 38 Pine. Grove Ave', HY. -Iddi:,i:::ii:f::i f : . ?he Town of Barnstable ELAM&Mn%� Department of Health Safety and Environmental Services ArFDMA�� Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 3, 1996 Mr. Alan Simoneau 122 Chapin Road Hudson, MA 01749 Re: H'Pine Grove Avenue, Hyannis Dear Mr. Simoneau: I regret to inform you that the above referenced property is in violation of the Massachusetts State Building Code 780CMR Section 804.1 and 804.2: Unsafe means of egress. In addition, it is in violation of Section 809.2 (minimum number of exits). You must contact this office immediately to discuss this problem and the steps you must take to rectify the situation. My telephone number is 508-790-6227. If we do not hear from you within 48 hours of your receipt of this letter, we will be forced to consider legal remedies. Sincerely, Ralph M. Crossen Building Commissioner RMC/km 1 CERTIFIED MAIL P 015 496 727 R.R.R. Town of Barnstable Building Department P Corn lainOnquiry Repo Date: Z — /OP — Rec'd by: c Assessor's No.: Complaint Name: Location - A-�d"�dree�ss: M/P Originator Name: Street: vivage: State: Zip Telephone: D/E Complaint �. Description: / Inquiry Description: For Office Use Only Inspector's Action/Comments Date: Inspector. Follow-up Action Additional Info. Attached Copy Distribution. g7tite-Deparunent File I ellow-Inspector pink-Inspector(Return to OlFrce Manager) I FILE No. 256 61%2 : '96 11:32 I D:LEGAL SERVICES 4 l:G A I SL 1508790.3955 PAGE 1 D1RAF17 January 17, 1996 Legal Services 460 West Main Street Hyannis, MA 02601 Attn: Kathryn C. Enos Re: 3E Pine Grove Avenue. Hyannis `. Bear Ms, Enos: On December 20, 1995 1 sent the owned the abovq-listed property notice of various Building Code and Zoning Board violations. Simply put, 38 Pine Grove Avenue is� ocat��` in a -- ---- zone area which is for one family dwellofg"s''paly. The presgn 1pautrnnei t setup within that dwelling violates that zoning In addition, do bbuilding permits were ever obtained,to do the work that was done to make the home into six aPArtrtien% This building is Clearly in violation of the zoning and building codes..as`-th&*P4r men s are Yours very truly, i C7 1,7 A� P06Pbt"Fax Note 7 671 Date / , PB9e6P i T From % Phorip iF Phone Faxp-7 �Le . J �T Fax TORN OF BARNSTABLE REPORT S�PLEMENTASY/CONTINUATI SEPQ :" NAME (LAS , FIRST, MIDDLE) DIVISION /DSPT NOTE DETAILS i OS ERVATIONS-ITEMIZE EVIDENCE, SERIAL tS ETC. AJ C ( —V 0 _� v�C o�T o0L u/T� Coo i Hie w ew , q 0 3OV SUBMITTED BY n PAGE t // `« •:'.'r:::r:::i:: �: <.:.::>;::;:.: `��� � ���� � •.v B•••4••tILDIN••>: :« ::>:V:>::: :..................................... 290.�.•1.59.•••• % ;•;: MING .. .................. t•:••..,••;:.'ii:yyii '<tit�:;:j`i}iti ,>.iititi.:,i`:;::Ri` ?:i `i�:Vii::!t<tii::>ti;`.ti;`.:isti;:;:;;:.;:l;:ti;:;:jii:•:•:•>+t>rt .ii::?:F:ti{ .tvtiiititiititititi>tiytiti>`v,:titi;:>ytiti; ................. ��. •: w:N ::v.. B ::.: : t > IMMM ON EAU A. 38 •~':< PINEGROVE AVE.::? «; ....... YH "IZONINGSEEM ... '» ':;:ems ........................................................................... `,"MR, :: .' ' . »::>:>::>:::LEGAL????????? ..::.:.v::::::........................::.:.::.::::.....:::::::::..:::.::::.. :: € :' :>: �: >SEARCH �l 5 ---e� ................................... he Town of Barnstable &%RWAJ= , WANt � " Deparhnent of Health, Safety and Environmental Services 1"9. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 21, 1996 Mr. & Mrs. E. Alan Simoneau 122 Chapin Road Hudson, MA 01749 Re: Site Plan Review Number 08-96 Simoneau 38 Pine Grove Ave. , Hyannis Dear Mr. & Mrs. Simoneau: The above referenced site plan is approved. Please be informed that gu must comply with any requirements the Zoning oard of Appeals may impose, any conditions listed on the Certificate of Review and that a building permit is necessary prior to any construction. Upon.completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Should you have any questions, please feel free to call. Respectfully, Ralph Crossen Building Commissioner RMC/car enc. s01091Z 122 C4 Road Hudson,Ma. 01749 February 8, 1996 Carol Ann Ritchie Site Plan Review Coordinator Town of Barnstable Building Division 367 Main Street Hyannis, Ma. 02601 Dear Ms. Ritchie: I am writing in regard to your correspondence of February 1, 1996 which I received on February 8, 1996 with reference to my property at 38 Pine Grove Ave in Hyannis. (SPR-08-96). You ask if the property is a 5 unit dwelling. At the time that I first viewed the property in the summer of 1994 with Today Real Estate, the house was being rented by five different individuals. In the basement there are two one room units each having a separate bathroom and entrance. On the first floor there is a two bedroom apartment containing a kitchen, living room and bath. On the second floor, there are two more one room units, almost exactly like the units in the basement. As I said earlier, when I first viewed the property with intention to purchase, all of the above mentioned units were rented to various individuals and it was my understanding that the house is a 5 unit dwelling. I know nothing about a Building Permit since the house had been built some eleven years prior to my purchasing it. Also, in the past, approximately 1989 or 1990, 1 had occasion to inspect the property at 26 Pine Grove Avenue which is directly next door to the one I own at 38 Pine Grove, and I noted at that time that there were five distinct rental units. When I viewed the property at 38 Pine Grove in the summer of 1994, I realized that the two properties were identical. You question the height of the building. I shall try to obtain that information for you. However, I do not believe that the building would be considered a three story structure since the bottom units are located in the basement rather than on the first floor. Your next question refers to the% of lot coverage. I must confess that I do not understand the question and wonder whether you could help me gain a clearer understanding of the information which you seek. I would like to supply you with as much detailed information as possible, however, I am not totally familiar with the terminology used in matters of this sort and I find myself financially unable to seek legal advice, therefore, I should like to do this on my own and I do pledge you my total cooperation. Perhaps it would be easier if you could personally view the property inside and out and I would like to invite you to do so. I shall be available during the week of February 20-24 since there is no school that week and I am a classroom teacher. Please feel free to call me at (508- 562-6687)to make arrangement to view the property if you feel that this would be helpful to you. Very Truly Yours, Linda M. Simoneau °FSME l0 � ?he Town of Barnstable * MRNSr"M 5 `0�' Department of Health Safety and Environmental Services ArFDNIp►'�p Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 23, 1996 Kathryn C.Enos Legal Services 460 West Main Street Hyannis,MA 02601 Re: 38 Pine Grove Avenue,Hyannis Dear Ms Enos: On December 20, 1995 I sent the owners of the above referenced property notice of various Building Code and Zoning Board violations. Simply put,38 Pine Grove Avenue is located in an RB zone which is for single family dwellings only. The present apartment set-up within that dwelling violates that zoning requirement and is,therefore,illegal. In addition,no building permits were obtained to do the work that was done to make the home into six apartments. This building is clearly in violation of zoning and building codes as the apartments are illegal now and were on September 1,.1995. Very truly yours, Gloria Urenas Zoning Enforcement Officer GMU/km Q960123A I I IV r - - --- --*T-- - ... _.__ __ ._ ____.._- --�---- ----- _ __ __ _ �Y_� __ _ _ -- -. - .- -._-- - --_- �___. _____ _. _.� �_�_ .. _ i Town of Barnstable Building Department ComplainOnquiry Report Date: —�� —�`'� Rec'd by: �k Assessor's No.: Complaint Name: Location Address: M/P Originator Name: Street: X" Village: / State: Zip: O17-11' Telephone: D/E t�la ` Complaint a Description: Inquiry 0 Description: For OlTrce Use Only Inspector's Action/Comments Date: Inspector: Follow-up Action Additional Info. Attached Copy Distribution. White-Department File Yellow.Inspector Pink-Inspector(Return to Office Manager) v XELLEY HOME INSPECTION BUILDING INSPECTION REPORT PREPARED FOR Linda Sunoneau 122 Chapin Road Hudson,MA 01749 79�O August 12.1994 11:1 l PROPERTY LOCATION 00 r- r� y 38 Pine Grove Avenue ti7' Hyannis.MA 02601 . L�£0E 02 INTERIORS OBSERVATIONS-INTERIOR Good /MuBlnal/Repair DNA INA Floor Surface. . -_ (tJ'-t' t►f t] t) t) r1 O Carpeting Wall Surfaces Q. Neat Registers Insulation-TypeL [t( [] t 1 [] [] �Q/ l Number ofElectricoutlets t� Operation of Outlets.Yc Switches ] Q� Ceiling Su daces ' Baseboard Window Sills&Trim Window Operation&Locks *. In Door Trim FIREPLACE Damper Operation w \ Cleaning Recommended? Yes t] No t] Np i ,.LEAD PAINT ANALYSIS Recommended? Yes No ti >v' II IV I I'I lil -- II i I i i ,{ I I T_�- _, ---, r-- � � � � - � �/Y� ��%��2�� r, ,��� � . �. . �� UD 1 r C G C s �\, \\. i 1 '� 1 (� VI �o �� a. Permit number 3 TOWN OF BARNSTABLE DEPARTMENT OF HEALTH, SAFETY AND ENVIRONMENTAL SERVICES BUILDING DIVISION f KEEP OUT UNSAFE STRUCTURE ` L UNINHABITABLE CONTACT BUILDING DEPARTMENT — ; BEFORE ENTRY OR REPAIR JANAddress w I Bldg. Official j � � � � I l i �' � � � � � � � � � � � i I V 1= . � � 11 � 1 V,' 1 I �_ I � i � p � i � � � ,� 1 I � � � � � --� � ; � � I �. N � � � i � � f � � .; .� � . I I 4 � �� j I � i � � �� � � � � i � � /� ! � `, � � � I1 a .,` � � � � . i � � , �� � ' +� . � 7 �� ,� � f � � 1 � � a CLS Barnstable` _ ry Services . eiler,Director g Division - ding Commissioner Hyannis,MA 02601 arnstable.ma.us Fax: 508-790-6230 for Family Apartment [ARTME'NT,NO CONSTRUCTION r it on application. t showing location of smoke detectors (located ents or new apartments, no construction. Plans ge of house and apartment. A- ired and can be obtained at 200 Main St.: 4:30 PM) N eted and signed. Description must include e fv.ni�1-11— —14 ——+—t nt ' t �� T illy i MASSACHUS NIFORM APPLICATION FOR PERMIT To Do PLUMUINU (Print or Type) TOWN OF BARNSTABLE Date Building Permit 9 Aledoecwtak6 AT: Locatio Owner's Namedf Pan " / Type of Occupancy: New ❑ Renovation ❑ Replacement PIans FIXTURES Submitted: Yes❑ No z 690� z at a •� Y eY,�� .m a w O z ~ Icae J� W ffi .tea w 4 O F w 7 O M c V a z w < x z_ a z ` �. I O W Y^ W M & S to q 66 _ _ w J tO w INz 19 F' V W re 1e et 3 0 M tL In = s W = a Q N IC el. fC J >V y W H a W w O , 1R C C J C 'C O W C S W = < S O S = fe A. O 1� fe < Via lL 1e W a N 7 w }. x UA �' O t.f S >< ac v ® a 3 = h 0 H. a a a i 3 s a o a sus-sawT. BASEMENT 1ST FLOOR 2NOFLOOR gSRO FLOOR 4TH FLOOR ° t< STH FLOOR 91THFL00R t py 7TH FLOOR p�f aTH FL00R Ei (Print or Type) Installing Company Name _6 heck One: certificate it corp. e) Address EGZ>/do)V Ci wje ® partnership.. 02�' ❑ yirm/Company Business TelePEVaQ4--7 1-7 Name of Licensed Plumber �11ti�--�0 jI hereby tsrtrlY Ihat all of We dead¢and inlarwtlon 1 have ulbntiled log enleredl In abme arMIQ tOR lie line anJ accurate to the;bell of 1OF Itaomledp and that all plumbing worts and urttatgtiont jnolnrmod varier hnnit ftruad for Urn application will be in compliance milk aU p&rtinerll pro- viawne of the Manachuretta Slate Plumbing Coda tad arayter 142 of UN(.:&Omni IJma. I have informed the owner•or his agent that I do not have liability.. Insurance Including completed operations coverage. - I Signature of Owner Agent 1 have a current liability insurance policy to Include completed operations`:, coverage. 1 By Title Signature of Licensed plumber ype• of umbing License city/Town: _ - e man APPROVED (OFFICE us! ONLY) License N mber Master [IJourn Y • _� .. s .-._:._,.,. .�. -, ! ...;.....,_.+.+.-..1;.4'�� � .sx`:..� L,... T.. ":�;�,..s�._•3.a:-«i.a',•r—�-. 7•-:1/+�-' '..r "".*--:..x:-.: t + TOWN OF BAkNSTABLE 27747 . Permit No. ------------------------------ Building-1 Inspector cash UMSTAS - -- - +eya OCCUPANCY PERMIT Bond Issued to William A. N&rdone Address 38 Pine Grove Avenue. Hvannis Wiring Inspector ��' � '` �� . Inspection date Plumbing Inspector AA Inspection date Gas Inspector f - Inspection date � r t :Engineering Departrrient� " Inspection date-,5 / v`v Board-of Health-MM, �� y,n����,, Inspection date „ p f y THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. . ... _ Building Inspector f f� �.. •.e TOWN OF BARNSTABLE e` BUILDING DEPARTMENT = 131 STAffi _ TOWN OFFICE BUILDING � nua HYANNIS, MASS. 02601 �OIU�Y M. MEMO TO: Town Clerk FROM: Building Department DATE:, An Occupancy Permit has'been issued for the building authorized by BuildingPermit #...........: .. f._ !.................................................................................._........................................ issued to ..................... .... _.._.� . ... .. ......... ........... Please release the performance bond. i r dr 73rtZ� NYAAJAJ15 COMMU"ITY C L UCH , ,Z AJ C . 29 3 .kA m� • .� � cam. Z6t �,` .1 � 10 p ' ° O EX 15 &VN 3 1 _ � ,ik Zg.A !°! 5� StS, 0 13M@OV CENTS$ SAI 28to 27.90 CE,eT -4=4 oT f=L.AIL/ � LOc-4QTio.c./: LCaT 1 FINE;La RAVE Ave scq.c.c : f " = 30 - WILL i^ M WAR c .e EFE,�C•�c/CE: -F:>cAt4 Tic->alA. Z SO 2 Ale,-EBY CEBT/FY TNgT TL/E aU14.0/Ac/F S/HOAVAJ O.V TN/S PL i4.V /S LOCFHTEZ) OA/ 71"46 1q" UA./ZD /94S SNO WiV HEBBO�tJ .4*"0 71"09T /T ES C0../0-C>AM -! TO Tf�E Zo,V/,t/G �1H OF yqs .BY-1-,Q /S Off' THE low" o.--* R/VSTA/3L� /3EP TT�, it/d�E.1/ cO.vSTet�CTEa. o�' ARNE ti�\ ICDOJAIA H wry cam �n9irreerir,9 #28 ,o) _ C/V/L E.VG/NEE�tS _ D�i^Ss��E ERA' ,20cJTE 6�4^-Y�'�.�MOUTi,I, MgSS. afart .ec�. L.q,va sc%evtYoe ` n r � ZD 2- �( ✓ Io 3 23 ti. - _ _ �\ zo ARE-A OF up/ A N D = Bs WET LAN T� 1 , l0 �3g i?�I 11 N \nL7, PA 00,00 G6 c`� CENTER OF GATC-1-1 13ASIN 'IV VR tO - - --- E-LE V =27. 90 AV E- 9RoPoSI v -- ELEV. AT SEWER MAIN = 17,15 3 —Q--DISTANCE AS CERTIFIED —'— CONTOURS: OF SITE PLAN_ F-X15TIN -- — -- LOCUS: LOTSi PILAF- 6RnyE AVE- PROPOSED o--o-o— ARNE F. ��,� ►-IYANN15 MA, OJALLA 00^s CIVIL REF: _EL, Br,- 2-190 , R No. :30792 down cape edgineefing , rj ,' i` PREPARED FOR: W, -NAIRDohsE CIVIL ENGINEERS 'r LAND SURVEYORS --- 9" Main St. - VEVOR NGtR. SCALE) 3O I o 7- 8 5 Y DATE � H MYCOCK, KILROY, GREEN & M.CLAUGHLIN, P.C. ATTORNEYS AT LAW 171 MAIN STREET BERNARD T. KILROY HYANNIS, MASSACHUSETTS 02601 OF COUNSEL ALAN A. GREEN AREA CODE 617 - EDWIN S. MYCOCK CHARLES S. MCLAUGHLIN, JR. „ MICHAEL D. 'FORD - 771-5070 - _ ADDRESS ALL MAIL JAMES M. FALLA P.O. BOx 960 HYANNIS. MASS. 02601 MARK D. CARCHIDI - REFER TO FILE III 85-1-210 April 8 , 1985 Joseph A. Daluz Building Inspector Town of Barnstable Main Street Hyannis, Mass. 02601 Re: Lot 2 , Pine Grove Lane, Hyannis Dear Mr. Daluz : My client, Dale E. Crowder, Jr. , has asked me to write to you concerning the above referred to Lot 2 which is shown on the enclosed plan copy. My examination of title shows that Mildred A. Veto was the owner of Lots 1 and 2- on January 1., 1976 and that she owned no other adjoining property on that date. My search also indicates that the ..property was located in a Residence B zone which required a lot of 10 ,000 square feet' . in area, no frontage and a width of 100 feet. Lot 2 appears to meet all of the zoning requirements of a Residence B district. In my opinion, the provisions of Section 6 , Chapter 40A, of the Massachusetts General Laws, which read in part: "Any increase in area, frontage, width., yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date or for five years. after January 1, 1976 , whichever is later, to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with an adjoining land and conformed to the existing. zoning requirements as of January 1, 1976, and had less area, frontage, width, yard or depth. requirements than the newly effective zoning requirements or contained at least 7500. square .feet of area and and 75 feet of frontage, and provided that said five year period does. not commence prior to January .l, 1976 , and provided further that the provisions of this sentence shall not apply to more than three of such adjoining lots having common ownership. " , give building protection to Lot 2 and a building permit for a single family residence should issue as a matter of right. -- , - - - -Ver Ttruly-ypur Bernard T. IZilroy J' e - e , •..1.'....�. �� THE ,� Assessor's map and lot number .....�. ::MI��T:CQCT TO TOWN �' Sewage Permit number /i L� ME ✓ ��( Z B6BHSTAXE, i House number ..... V .... �o '"'►ea . Oi°�rC YPY Ar�� �j C TOWN OF BARNSTABLE 6" BUILDING .INSPECTOR f. APPLICATION FOR PERMIT TO ..�,.?.. .....5z.i �i� ............................................................................... TYPEOF CONSTRUCTION ....4�' zz X...�/.......... ..................................................................................... •5 t P -TO-THE-INSPECTOR*OF BUILDINGS: The undersigned hereby applies forr�a permit according to the following information: Location .<...., ,-I;e .�d7.�91.5�,.. .............................................. ProposedUse .eT> ��� /q .......................................................................................................................................... ZoningDistrict ... ......................................................Fire District . . /.0 ........................................................ [ �� i� ilt:...............Address Name of Owner .� .� . ..,. .... ........ /� �;�....r'..r Nameof Builder .IV....................................................................Address .................................................................................... Name of Architect .S,.�... !e...........Address ... 1� .. ...................................... Numberof Rooms ...... i�........................................................Foundation r .......................... Exlerior ....�% "........................................Roofing................... Floorsr /..................................Interior ....2/.. ........................................................ Heating � s..4:..................:...:::....'............................Plumbing .....,7.... ��........................... - ......................... Fireplace .............................................................Approximate. Cost .. .Wo.......................................... ... Definitive Plan Approved by Planning Board ________________________________19________. Area ....... .. ................. ...Z Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH 1 OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ... e.. � �7Gt! ...... Construction Supervisor's License .................................... -;,�,ADoyE, WILLIAM A'. A=290-159 - No Permit for lAa-..s.tcary....s n-gle fami.lY.... We.lI) ziq............................... Location ....38..Pine...G Ove Aue_............. ...................... :HXannis...................... Owner....... il7 iam...A �Ta�done. ........... r . I ' Type Construction: , frame { ` • .A.................................................................. t f rI rF •t ' Plot ..............:...... Lot ................................ r- ' 'P ASGranted ...............p'P.r:? 1....��.....19 85 Date Inspection ......... .......................19 Date loom)pleted �....0 >0 . ....19g F • /�. Y { i T9 i f � ¢ ` / �\ �n `\ 1,. ' � � ,\ ��, � � it G �. � (�` t � � � � II � �� � I, _ � ,� I,I .,._. _. � e ... �, _�. . - � , . � ' � � � i —_ Assessor's map and lot number ..... 2:` .. ......Jam:. :::-C.. '�/ QvOFTHE T��♦ Sewage Permit number ................................................ b SAUSTADLE. S MAO& Hpuse number v TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ... .... ?.... e.........................................:....................................... TYPEOF CONSTRUCTION ...... ....................................................................................................... .........: G .. ................19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .. �7 .. '?5!''� aii,°E?........,.. /r! ;ra. '!.c ..,.!�..:..................................................................................... ProposedUse .................................................................................................. Zoning District s .................Fire District .,..! ark,11......................................................... Name of Owner .. s,!�r ... '..!s' !a'� !9C,..r:.............Address xi l +.a�......., Ap �., ✓r Nameof Builder ....................................................................Address ...... ......................................�........................................ 00 Name of Architect .........Address .....e— ........................................ Number of Rooms ................Foundation ......... .Exterior ....C. ............................................................Roofing .��a'as�/ ........... Floors �' •'.a �`" ...sue, ... .................................Interior ... f, .:s-!t/ .....:.................................................. ..:............... Heating .�y�,•c1,64'r...........................................................Plumbing ......, ....•:................................................ Fireplace ..............................................................Approximate. Cost .,'Jy"k?.................. ............................. Definitive Plan Approved by Planning Board -----------_-------------------19-------- . Area .......................................... Diagram of Lot and Building with Dimensions Fee ............................................. SUBJECT TO APPROVAL OF BOARD OF HEALTH i OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. i - Name � .! � r ..: ✓!?a <✓'�....... Construction Supervisor's License .................................... NARDONE, W3LLIAM A. A=2.90-.159 No Permit for 1 4...§.t-!?-Ky...§.ing.je .........f a.m.i.l.y...dw.e 1.1.i n.g............................... . ..... .... .. .... Location Piae...G-r a ve..Av.e................ ..............Hvanni.s............................................... Owner ......... am...A......N.a.rd.qne.......... Type of Construction ......f.rame....................... ............................................................................... Plot ............................ Lot ................................ Permit Granted ................Ap.ri, I....1..1...19 85 Date of Inspection ....................................19 Date Completed ......................................19 Y' { — wr_I�I— r ,i 1, , ..: I L El :111 ` r — I — L i - v ' a' S 1 1 1 1 .I i i ' � I � � •5 ; t � a .Y . may ...: 5*71; -- i ^' - - tJl� V) J�. -4t R • W o A 'A Q .��... ......-.. ..w�.y.......a•�•�+•�v..�.w:,..-n.a.... r✓.r.::.•mc.Ya.:u.rlYr+Ws•ara,.xe...,rYwnwenne..�.u'a+.at•n�a:v.....+VeM q+.iTr.w.4Mv.1,ann�S.twn'wn'.i. e.xw....'°TS.W:!`.Vt1�.lnavn' Wi.ru+n.x'•:: rw:i..rw.. x,tiFi'.W:irbY.@�Y,�Pha'.;x•�i x.. ,.,.,:� „'�'fr'tw:' PLaL:tM N.v,:;.�, In' rs+.l�M*oLLvlarvlYW v+E.A.. .u. . CARBON MONOXIDE WWI_ MUST BE INSTALL€0 pig 'MASSACHUSETfS BUIIDIi+�CQDt y� ����n k` 'IW:.�' n�:u.;x aw':^iw,�)::�r'Y¢NAI'C SI:[;HoriMexx'.+Wv9]ML;M>d.C't`xWNKf9YYrIMftM'avxr»� ...: Imo°"""" +PeLYa WanHMW:AN.pL vµ.rJ�^WrcnruwnvMrvp.er.wr+.wlpr+ ''�-yy � . f p �_. r�r.•:r.Y',rhuw a:0iryvrf ltlY4wWMUYu nNltl�� "'a'�^'r�i 4-11. PORTANT• UPGRADE REQUIRED IM aa• ,� -�W i� ry STATE BUILDING CODE REQUIRES THE UPGRADING OF. rV " h SMOKE DETECTORS FOR THE ENTIRE DWELLING WHEN , ^I ONE OR MORE SLEEPING AREAS ARE ADDED OR CREATEDIT � NOTE: A SEPARATE PERMIT IS REQUIRED FOR THE INSTALLATION OF SMOKE DETECTORS•THE ELECTRICAL � �'--��_•- �+ A �: 1+>-W ,0` �. PERMIT DO OT SATISFY THIS REflUiREMENT. ' �IQ9 {{ 6+ V1Y�rj V. ''�� v �yMo.Nr^gres+reh i �y a� gyd ICYIY4MYWH I r ' .q v/riMa+Mnwuurrm.�6 - ... .uw htJI:mWG+Y:{. },k,� 6:4aic:fbi'l4+IxAhY98�' { bn'�-r�� p�+�M 4 5eJ�i �I n'.,ryrr„ 4'JtZliineY a' 'wrf I. - .�. � ...wN✓r�n/ -�g1 �.aw�.� .r...w+.tir�rt'�'A""r F.� � - ' SMOKE DETECTORS REVIEWED' BARNSTABLE BUILDING DEPT. DATE � r FIRE DEPARTMENT DATE. 6 Wo • �w`aY � �� � �$� � ���'�I �� I � BOTH SIGNATURES ARE REQUIRED FOR PERMITTING s � axwyl �d C �....r..-- .....w —.•---'•S 'Swurv' MaiwriMMY PW�wu emuwwb�brvw.lr!'aa>�aAc0.ir 2^AI'w ( r.s u � ^s. - i vrSnrV r . r.W'a(�"'^^""wa"'r°� � uv,.cumnu:r'.wvrlaa. �r r,Sfa�S!fFw h. GWIh^.�:�v.-n +.tF - •. >,nd»rMr•6a4MftlO�c.LP:'d:.,rt4 y1 '+c+vr F<, !r.•. ..m,v. � ... .I 38 A- 3TAT .O1AOP;. w Y i nti3;3?R e! TIMA y �;kJ +f,�a i}:.`7��3 r.`1'{���r`�}�13j.�•` i��s^���ii i}�..��� - ",r� 1$P� ggg Ai.+4.'�'i{ { �s.•i 7 �V� T I a, bra k.�i i „i.;v .,.rom.__-...w.. a "j �3.'r.�4.••'p a CNO, S _ - a