HomeMy WebLinkAbout0050 PINE GROVE AVENUE A
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Town of Barnstable Building
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he Card So That,rt isUis�ble'From theStreet Approved Plans Must be,;,Retamed�onJob and thisCaisd Musbe Kept ,
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*� 1posted Until Final Inspect on Has�6een Made `"
F. w Permit
" Wherea Cert�ficate£of Occupancy is Requiredsuch Build�ngshcall Not be Occupied until a=Final Inspection has been made
Permit No. B-18-3895 Applicant Name: Lloyd R Smith Vivint Solar Developer LLC Approvals
Date Issued: 03/28/2019 Current Use: Structure
Permit Type: Building-Solar Panel-Residential Expiration Date: 09/28/2019 Foundation:
Location: 50 PINE GROVE AVENUE, HYANNIS Map/Lot 290-078 001 Zoning District: RB Sheathing:
� a4r
Owner on Record: DEMELLO,ADILES Contractor Name;` LLOYD R SMITH Framing: 1
Co 'I Aor Ucehse 15688
Address: 50 PINE GROVE AVE 2
HYANNIS, MA 02601 � Est Project Cost: $2,904.00 Chimney:
Description: Installation of roof mounted photovoltaic solar systemPermit Fee: $85.00
w Insulation:
-Fee Paid:. $85.00
Reviewers Note:22 Panels. RMCK
Date,, 3/28/2019 Final:
Project Review Req: �
.-
Plumbing/Gas
>
Rough Plumbing:
�.
. Building Official
Final Plumbing:
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six m' ths,after issuance.
All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. Rough Gas:
All construction,alterations and changes of use of any building and structures=shall be in compliance with the local zoning by-laws and codes.
This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the Final Gas:
work until the completion of the same.
Electrical
The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials ale pmvided on this,permit.
Minimum of Five Call Inspections Required for All Construction Work: Service:
1.Foundation or Footing g
2.Sheathing Inspection a ROu h:
3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final:
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection
5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough:
6.Insulation
7.Final Inspection before Occupancy
_ Low Voltage Final:
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health
Work shall not proceed until the Inspector has approved the various stages of construction.
Final:
"Per n tracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A).
1*::\ Fire Department
Building plans are to be available on site Final:
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT
i
Stepanis, Fred
From: Stepanis, Fred
Sent: Tuesday, December 04, 2018 12:12 PM
To: 'Kaylie Costa'
Subject: RE: Permit/Application:TB-18-3895 at 50 PINE GROVE AVENUE, HYANNIS for Building
- Solar Panel - Residential
Attachments: 3895.pdf,ADMINREVIEWform.docx
Dear Ms. Costa:
Thank you for the photographs. It appears that the trees ARE within 100-ft. of a wetland.They should NOT have been
cut down without prior approval of Conservation.
I will approve the after-the-fact removal of the trees and sign off on your building permit upon receipt of the attached
Administrative Review form and check payable to the Town of Barnstable in the amount of$25. Please fill out as much
of the form as you can. I filled out as much as I can.
Please also provide the name of the tree company that performed the work.
Thank you,
Fred Stepanis, Assistant
Conservation Program
Town of Barnstable
200 Main Street
Hyannis, MA 02601
phone: 508-862-4046
From: Kaylie Costa [ma i Ito:kaylie.costa C@vivintsolar.com]
Sent: Monday, December 03, 2018 10:27 AM
To: Stepanis, Fred
Subject: Permit/Application: TB-18-3895 at 50 PINE GROVE AVENUE, HYANNIS for Building - Solar Panel - Residential
Hello,
I am the permit specialist for Vivint Solar, We submitted a permit for this account online but it was 100 ft of
wetland the trees have already been cut down. Pictures of the trees removed are attached below.
Thank you, Have a great day!
Kaylie Costa• Permit Specialist Boston South
simply brighter • vivintsolar.com
i
o00
o®oo
Vivint Solar Developer,LLC(EIN:80-0756438)is a licensed
contractor in each state in which we operate,for information
about our licenses please visit our contractor licenses page.
The information in this email is for the use of the designated
recipients only.This email is considered confidential unless
otherwise indicated. If you are not the intended recipient of this
email,you are instructed not to review it or any attachments,
and to immediately delete this email,and are further instructed
to not disseminate,forward or copy any information from this
email or its attachments.
2
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h
Lauzon, Jeffrey
From: Lauzon, Jeffrey
Sent: Monday, December 31, 2018 9:32 AM
To: 'jennifer.chambers@vivintsolar.com'
Cc: Lauzon,Jeffrey
Subject: ViewPermit, Permit No:TB-18-3895
Applicant,
Please be advised that the above application has been reviewed and the following is noted:
.1) Conservation approval is needed.
The application is denied pending obtaining conservation approval. And, if aggrieved by this notice;you may file a Notice
of Appeal (specifying the grounds thereof) with the State Building Appeals Board within forty-five (45) days of the
receipt of this notice.
Respectfully,
Jeffrey Lauzon
Chief Local Inspector
(508) 862-4034
Jeffrey.lauzon(abtown.barnstable.ma.us
1
Town of Barnstable
Building
e PostTh�s Card So that= F . �b1e From the Street=A rovedsPlansMusi>be:Retained onJob and this Card Mustbe^Ke t
. .n�tr,Sr,►81s s � ,. Elt�sIs .r � PPt: 3 P
�r �Posfed Until�inal Inspection Has Been Mader. `, ?
R :e=i .,,. .f h In a, coon has been�matl Permit
mi G
r Where a C. rt ficateof Occu ancy s�Requ�red,such Building shall Notbe Occupied until a F.mal spe e
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Permit NO. B49-1263 Applicant Name: Brien Langill Approvals
Date Issued: 05/13/2019 Current Use: Structure
Permit Type: Building-Solar.Panel-Residential Expiration Date: 11/13/2019 Foundation:
Location: 50 PINE GROVE AVENUE, HYANNIS Map/Lot 290-078 001 Zoning District: RB Sheathing:
Owner on Record: DEMELLO,ADILES o
Contractor Nam1e,F' BRIEN LANGILL Framing: 1
Address: 50 PINE GROVE AVE Contractor L�ce�ns�e CS 106675 2
HYANNIS, MA 02601 �AE t 0" ct Cost: $17,050.00 Chimney:
Description: Installation of roof mounted photovoltaic solar systE s7 75kw 25 Perm t Fee: $136.96
Insulation:
Panels
v Femme Paid $136.96
Project Review Req: Final:
Date 5/13/2019
s,
Plumbing/Gas
Rough Plumbing:
ui in icia
This permit shall be deemed abandoned and invalid unless the work authonzecl by this permit is commenced within six months�after issuance. Final Plumbing:
All work authorized by this permit shall conform to the approved application find the approved construction documents fo wfiich this permit has been granted.
All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by laws and codes. Rough Gas:
This permit shall be displayed in a location clearly visible from access streettb�i-oad and shall be maintained open for public inspection for the entire duration of the
work until the completion of the same. Final Gas:
The Certificate of Occupancy will not be issued until all applicable signatures byfthe Building and Fire Officials are provided on this permit. Electrical
Minimum of Five Call Inspections Required for All Construction Work:
1.Foundation or Footing Service:
2.Sheathing Inspection , k,
g
3.All Fireplaces must be inspected at the throat level before firest fluelmng is installed a
+M Rou h:
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Final:
5.Prior to Covering Structural Members(Frame Inspection)
6.Insulation
Low Voltage Rough:
7.Final Inspection before Occupancy
Low Voltage Final:
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. Health
"Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Final:
TkI Building plans are to be available on site Fire Department
_ All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT
Final:
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YOU WISH TO OPEN A BUSINESS?
For Your Information: Business certificates(cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you
must do.by M.G.L.-It does.riot give you,permission to operate.] You must first obtain thie necessary signatures on this form at 200 Main St., Hyannis.
Talce the completed.form to.the Town Clerk's Office, 1st Ff., 367 Main St., Hyannis, MA 026.01 (Town Hall) and get the Business Certificate that is
required by law.
DATE., - v Fill in please:
Ll 56 v
APPLICANT'S YOUR NAME/5 ( =r0 a /91k f L
BUSINESS YOUR HOME ADDRESa
trl �
CX V U
di,r' ►.r� (S� )364-is Sos'
rf
FaztiE��Kz TELEPHONE # Home Tele hone Number E-NAIL: e
,,,;,.,u- .,,tt+'a.,,,t••:1
NAME OF CORPORATION. �I i y1 .
NAME OF-NEW BUSINESS TYPE OF BU5INESS
15 THIS A HOME DCGUPAT N? YES No •�
ADDRESS OF BUSINESS_ 1 vim.. v V?� MAP/PARCEL NUMBER a OJ0 'd (Assessing]
When starting a new business there are several things you must do in order to be In compliance with the rules end regulations of the Town of
Barnstable. This form is intend'od to assist you In obtaining the information you may need. You MUST GO TO 200 Main St. — [corner of Yarmouth
Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town.
1. BUILDING COMMISSIDNE s E MUST COMPLY WITH HOME OCCUPATION
This individual has b e I any pe iremerits that pertain to this type of business. RULES AND REGULATIONS. FAILURE TO
COW[y MAY OESULT IN FINES.
uthor d Ina ure**
OMMENT , _
2. BOARD OF 4ALTH U
This individual has been informed of the permit requirements that pertain to this.type of business.
Authorized Signature**
COMMENTS:
3. CONSUMER AFFAIRS [LICENSING AUTHORITY)
This individual has been informed of the licensing requirements that pertain to this type of business.
Authorized Signature**
COMMENTS:
Town of Barnstable
Building Department Services
°`.• OFTNE Tp�
.�, Brian Florence,CBO
Building Commissioner
sAxxsTAac s, = 200 Main Street,Hyannis,MA 02601
9 MASS.
1639• www.town.barnstable.ma.us
ArE MAC p
Office: 508-862-4038 Fax: 508-790-6230
Approved:
Fee:
Permit#:
HOME OCCUPATION REGISTRATION
Date: �" —C �-ado __W
Name: P Z V! a LAD l u a a Phone#:
Address: 5 O PI VIZ " Ym VP-- _� Village:
Name of Business: r S l aualliv a i V4I
Type of Business: 1 21 y 4e )'".QeS►de",A)a` Map/Lot:2 9 O ~ O V
INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation
within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the
activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual
alteration to the premises.which would suggest anything other than a residential use;no increase in traffic above normal
residential volumes;and no increase in air or groundwater pollution.
After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the
following conditions:
• The activity is carried on by the permanent resident of a single family residential dwelling unit,located
within that dwelling unit.
• Such use occupies no more than 400 square feet of space.
• There are no external alterations to the dwelling which are not customary in residential buildings,and there
is no outside evidence of such use.
• No traffic will be generated in excess of normal residential volumes.
• The use does not involve the production of offensive noise,vibration,smoke,dust or other particular
matter,odors,electrical disturbance,heat,glare,humidity or other objectionable effects.
• There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess
of normal household quantities.
• Any need for parking generated by such use shall be met on the same lot containing the Customary Home
Occupation,and not within the required front yard.
• There is no exterior storage or display of materials or equipment.
• There are no commercial vehicles related to the Customary Home Occupation,other than one van or one
pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to
exceed 4 tires,parked on the same lot containing the Customary Home Occupation.
• No sign shall be displayed indicating the Customary Home Occupation.
• If the Customary Home Occupation is listed or advertised as a business,the street address shall not be
included.
• No person shall by employed in the Customary Home Occupation who is not a permanent resident of the
dwelling unit. I
I,the undersigned,have read and agree with the above restrictions for my home occupation I am registering.
Applicant:.. Date:
Homeoc.doc Rev.06/20/16
YOU WISH TO OPEN A BUSINESS?
For Your Information:. Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you
must do by M.G.L.-it does`not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis.
Take the completed form to the Town Clerk's Office, 1 st FI., 367 Main St., Hyannis, MA 02601. (Town Hall) and get the Business Certificate that is
required by law.
DATE: (� " F�I_in p ease:
APPLICANT'S YOUR NAME/S: v i a 1'`b M V ie Do 077
BUSINES �J YOUR HOME ADDRESS: O
"(j
TELEPHONE #
Home Telephone Number
#: E-MAIL: ) 1 VYyl 0
NAME OF CORPORATION:
NAME OF NEW BUSINESS A '� fi TYPE OF BUSINESS 2 �1 i �
IS THIS A HOME OCCUPATION? \ YES NO - r.�
ADDRESS OF BUSINESS. MAP/PARCEL NUMBER lJ
.-
.[Assessing)
When starting a new business there are several things you must do in order to be in with the rules and regulations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST.GO TO 200 Main St. — (corner of Yarmouth
Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town.
1. BUILDING COMMISSIONER'S OFFICE
This individual has been informed of any permit requirements that pertain to this type of business.
Authorized Signature**
COMMENTS:
2. BOARD OF HEALTH
This individual has been informed of the permit requirements that pertain to this type of business.
Authorized Signature*
COMMENTS:
3. CONSUMER AFFAIRS (LICENSING AUTHORITY)
This individual has been informed of the licensing requirements that pertain to this type of business:
Authorized Signature**
COMMENTS: .
. i
w
Town of Barnstable
Building Department Services
op1He Teti Brian Florence,CBO
0
Building Commissioner
t saRvsTas . : 200 Main Street,Hyannis,MA 02601
Mass.
9Q i6 A
39• `.. www.town.barnstable.ma.us
OptE
Office: 508-862-4038 Fax: 50�790-6230
Approved: X
Fee:Permit#: -i C�9 S_
HOME OCCUPATION REGISTRATION
Date:
Name: /mil ( le 5 E L kQ h7 Phone#: (50 0 l c� / 6- /
Address: P'1 VI P CD Y n V 9— V -e. Village: _1-1U c�)l Yi t S
Name of Business: Ti 1 15 Q V S 2, 1/ V C a Y e,
'a
Type of Business: 01_4 V C'a Y e Map/Lot:Q ;O 6 60
INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation
within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the
activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual
alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal
residential volumes;and no increase in air or groundwater pollution.
After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the
following conditions:
• The activity is carried on by the permanent resident of a single family residential dwelling unit,located
within that dwelling unit.
• Such use occupies no more than 400 square feet of space.
• There are no external alterations to the dwelling which are not customary in residential buildings,and there
is no outside evidence of such use.
• No traffic will be generated in excess of normal residential volumes.
• The use does not involve the production of offensive noise,vibration,smoke,dust or other particular
matter,odors,electrical disturbance,heat,glare,humidity or other objectionable effects.
• There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess
of normal household quantities.
• Any need for parking generated by such use shall be met on the same lot containing the Customary Home
Occupation,and not within the required front yard.
• There is no exterior storage or display of materials or equipment.
• There are no commercial vehicles related to the Customary Home Occupation,other than one van or one
pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to
exceed 4 tires,parked on the same lot containing the Customary Home Occupation. l
• No sign shall be displayed indicating the Customary Home Occupation.
• If the Customary Home Occupation is listed or advertised as a business,the street address shall not be
included.
• No person shall bg employed in the Customary Home Occupation who is not a permanent resident of the
dwelling unit.
I,the undersigned,have read and agree with the above restrictions for my home occupation I am registering.
Applicant: ou Date: r) ' 1
Homeoc.doc Rev.06/20/16
YOU WISH TO OPEN A BUSINESS?
For Your Information: Business certificates [cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you
must do by M.G.L.-it does not.give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis.
Take the completed form to the Town Clerk's Office, 1 st FI., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is
—required by law.
DO 0,29l DATE: - Z — Fill in please:
l�'"^�'A~
� t APPLICANT'S YOUR NAME/S: 6WijeS
BUSINES YOUR HOME ADDRESS: i 2 e Ve
E 3 ��-w` � TELEPHONE # Home Telephone Number
x lis3 =K%W
NAME OF CORPORATION:
NAME OF NEW BUSINESS o V C e TYPE OF BUSINESS e—
IS THIS A HOME OCCUPATION? YES NO
ADDRESS OF BUSINESS 5o �k-- N)A �`S MAP/PARCEL NUMBER — [Assessing)
When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. — (corner of Yarmouth
Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town.
1. BUILDING COMMISSI NER'S OF E
This individ a e n infer e o an pe it requirements that pertain to this type of business.
A thorize ig a *
M NTS: '
2. BOARD OF HEALTH
This individual has been informed of the permit requirements that pertain to this type of business.
Authorized Signature**
COMMENTS:
3. CONSUMER AFFAIRS(LICENSING AUTHORITY)
This individual has been informed of the licensing requirements that pertain to this type of business.
r
Authorized Signature**
COMMENTS: - -
t`
„,,. . . THE COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF EARLY EDUCATION AND CARE Charlie esker, Governor
Regular License to Provide Family Child Care Services ,:'
Program Number: 7028781 License Number: 9027476
In accordance with the provisions of Chapter 15D of the General laws, and regulations established by the Department
of Early Education and Care,a license is hereby granted to:
Program Name: DeMello,Adiles F.
Address: 50 Pine Grove Avenue, Hyannis, MA 02601-2525
Total Capacity: 10
Floors/Rooms: BASEMENT LEVEL: KITCHEN, PLAYROOM.
Condition:
Issue date: 11/29/2016
Expiration date: 11/28/2019
License printed on 11/29/2016
Licensor:5F001 '
Thomas L. Weber, Commissioner
Please Post Conspicuously This License is Not Transferable
a Bk 284Z7 P31 11 046481
81
10--10--2014 Q 08 = 4r6" j
4 PARNW�ILA i
Town of Barnstable
ro
Zoning Board of Appeals G]
Comprehensive Permit Decision and Notice
Appeal 2010-29—DeMello
Decision-Chapter 40B Comprehensive Permit
Summary: Comprehensive Permit No.201.0-29 DeMello is rescinded
Date: May 8,2013 D 1
Applicant: Adiles DeMello
Property Address: 50 Pine Grove Avenue Hyannis,MA ='
Assessor's Map/Parcel: Map 290,Parcel 078-001
Zoning: Residential B Zoning District 1
Recording Information
Deed Reference: Book 21460 Page 68
Permit Reference: Book 25221 Page 71
Regulatory Agreement: Book 25221 Page 76
Background:
Comprehensive Permit No. 2010-29 was issued January 12, 2011 to Adiles DeMello. The
permit was issued under the Accessory Affordable Apartment Program pursuant to Chapter 9,
Article H of the Code of the Town of Barnstable. The permit was issued to create a one bedroom
apartment located within the lower(basement) level of the home. The pennit and the Regulatory
Agreement and Declaration of Restrictive Covenants were recorded at the Barnstable County
Registry of Deeds on January 28,2011 Permit reference:Book 25221 Page 71,Regulatory
Agreement:reference 25221 Page 76.
On January 9,2013 Adiles DeMello sent correspondence via email requesting to discontinue her
participation in the Accessory Affordable Apartment Program. . On April 9,2013 the program
coordinator sent written correspondence to Adiles DeMello explaining the Accessory Affordable
Apartment Program rescind process and requested the submission of fees and postage associated
with holding a public hearing. The program Coordinator took steps to hold a show cause public
hearing.
Procedural Summary:
A public hearing for comprehensive permit no. 2010-29 was duly advertised in the Barnstable
Patriot on April 12,2013 and April 19,2013,and notices were sent to all abutters in accordance
with MGL Chapter 40B.
On May 8,2413 Hearing Officer.Laura F. Shufelt opened the public hearing. The applicant,
Adiles DeMello,was not present at the hearing. Cindy Dabkowski,Program Coordinator was
present. Ms. Shufelt reviewed the file and ruled to rescind comprehensive permit No. 2010-29.
fi
w
'Yoshi of Barnstable.Zoning Board or Appeals
Decision and Notice,Comprehensive Permit No.2010-29 letvlello
Findings of Fact on the Comprehensive Permit:
At the hearing on May 8,2013 the Hearing Officer made the following findings of fact:
• On January 9,2013 Adiles DeMello sent correspondence via email requesting to
discontinue her participation in the Accessory Affordable Apartment Program.
• On April 9, 2013 the program coordinator sent written correspondence to Adiles DeMello
explaining the Accessory Affordable Apartment Program rescind process and requested
the submission of fees and postage associated with holding a public hearing.
• At the hearing on May 8, 2013,the Hearing Officer determined that the comprehensive
permit issued to Adiles DeMello for the property located at 50 Pine Grove Avenue
Hyannis, MA is rescinded.
• Said property shall revert to the use currently permitted under zoning.
• Adiles DeMello shall apply for all building permits necessary to comply with zoning
Finding Summary:
Based upon the findings,the Hearing Officer ruled to rescind Comprehensive Permit No.2010-
29 DeMello
Comprehensive Permit 2010-29 has been rescinded A written copy of this decision shall be
forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative
Code Part II, Section 4.02 and Part III, Section 3.72. If after fourteen(14)days from that
transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision,
this decision shall become final and a copy shall be the filed in the office of the Town Clerk.
Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to
MGL Chapter 40A, Section 17,within twenty(20)days after the date of the filing of this
decision in the office of the Town Clerk. The applicant has the right to appeal this decision as
outlined in MGL Chapter 40B, Section 22.
�u :x• , ���' •�_3-ice
Laura F. Shufelt, Hearing Officer Date Signed
I Ann Quirk, Cleric of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify
that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that
no appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this,-5�day of 6f oZO under the pains and penalties of
perjury.
Ann Quirk,Town Clerk
`p,•� �ti,` ,3,,��y��=coo
BARNSTABLE REGISTRY OF DEEDS
Page 1 of 1
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Tows of Barnstable M;
ZonNg Board oapptals r+
Comprchcnsive Nyta f i*lsion and Notice
Appeal1010-29=10c1►lello '
Declsn-Chapter 44B'Comprahenajve 1pertxilt
Summary: Comprehensive Permit No.2010.29 Dellieilo is rescinded':
r rru+r�*- D81Es htiity$,2013'
.Ya 41 M••... ..
st , Appllcsuaf: Adiles DeMe110
Page,Z
t Property Address 80°Pine Grovre Avenue Hyxanis,MA
Assessor's 14> pJl'orcel: Map 290,Parce1078-001
y Toning W dentiat 3..'Zonlon District:
Iword,ng Information
z DeOlefcreace: Book21450, Pa&',08
Permit Reference: gook25221 Page 71
Regulatory Agreements Book 25221 Page 74
Background::
Comprehensive Permit No,2010 29 was issued January 12,2011 to Adilos DeMello, The101111",
permit Svas issued under th ccossov,Affor.abkcApartaient Progcartt pucanant to Chapter 9
x .
Anccle:ll of thg Code ofthe ToNvn.of flammable, The permit was issued to create,a°one bedroom i
b apartment located within the lower(basement)level.of the home. The permit and tile Regplatory
� enlent and Declarafion of ltestnchve.Covcnants wave recorded at the 3amstaUle County
Registry of Deeds on January2$;2011 Permit reference:.Baok 25221 Page 71,'Regulatdry
F X t Agrccznent mference 252211'ag06
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h �l On.January 9,2013 Adites DeNfillo sent�comspoxidedce via emaWi.requtsfing to discontinue her
y s participation in.the Accessory Aftbrdabie Apartment Progrnm: On Apri19,2013 the program _'
' coordznaior sent written cortasporidenca to Adi1es De.Mello explamu:g ilia Accessory AfTorda131e
Apartment Program rest rid Mn-
ptvcrss and requested tht submission of fees and passage assoclatcd:
with Uoldmg a;puUltc lteanng. 7 tie program Coordinator took sieps.to hold a show cause public
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hearing.; .
sh � 1?roccduralSunttnary;.
y A public hearing for comprehezisive perinitno 201040 was duty adyMio in the$amstal to
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with:MG COW
hapter
Ot►Mlay 8;20311ear1ng Officzr Laura F $hufefl opened the public hearing. T1ie applicant,
gi
Ad►1e$DeMc11o,was'not present at the hearing Cindy DabkoNsia,Program Coordinator was
present Ms:,Shufclt roviewed the file:andruled to rescind co=mhens yc permit;No.201040.
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i, Findings of l�'act pp.the Comprebei sW0.ermM.
Ai-:the hearing on May`8,2013 ttic HcarhrgCt�iccr tn..Ade tNa foltowmg findings of.lhct,:' 1
• on January 9,2013 Adnlcs Del4fetipaent correspondoncc v.4.m l requesting to
dnscentmut her partnetpation in ihe.Accossory Affordable Apartment Program
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W; 7 On:April 9,2013 the program coordinator senU vrriiten eorrespondence,to Adlics Delvtet.lo
ezt explaining thaFAccossoryAfFordable Anent Program rescmdiproc.ss and requested'
i'r wt,tt,, the:submfssion.of f.esand postage sssoelated with lxnli►ing a public hearing,
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• At the hearing oit.May,8,;20t3,the:}learmg Officer determined filet the connprehen l
b ,fit permirissued to Miles DOM6110 for'the property located ut 3Rpint Grove:Avenue
Hyannls,.MA is rescinded', AR
Sa{d property sl all,mvert to the ase currentlypermilted under zoning
>p Adiles DaMello shall apply for all building permR01: essary to comply whit Zoning
z
Finding Summarys ..
.:; I}ased upon tho Mdings,:the:Hcaring Officeeruted to msclnd Comprehensive Peemk'No.ZOO .
" 29 fkMeilo.
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`Comprehensive Permit 2010 29:1 s been rescinded A writtcn.copy of this decision sl►ail be:
r farsvarded to the Zoning Board of Appeal sse tequnrcd'by tht Town of Barnstable Ad'ministrnt ve
y f G7dt Part 11,S.ctEon 4.:Oa and Aart Ill,Section 3 T2, if aRtr fourteer► (�i)days from.that
y
trtlnsmlttal the Members of th.Zoning Board omppeals takes,no action to reverse the declslon,
4 {G / r.
tills declsioit shall becomC`finahand acopy shell b.;iite filed in the office;of flit To+vu Clerk,
" Appeals of life final declston,if any,shall.be made.to tt>e'Barnstable Superior.Court pursuant to
MGL Chapter 40A,Section 17,within twenty(20)days afier`the date o fttm filing of ill
decision it<:ihe cffice'.of the Tow:n Clerk.'l he appi.ctint hsu the right to appoal this decision as
outlined in MQG Chapter 60%;Section 22:
A
:Laura F.ShuMt,Hearing Officer I?ate Sighed
I.Ann QutrkClerk ofthe Toiyn of Barnstable,Barnstable Couhly,Massachusetts,hereby certify
day3a,�ve elapsed snnce,the Zoning 8ottrd ofAppeals 61cd this decision and`a{uat
y, ;iio appcpl qf,the decision has-been tiled in:the offnceofttie foivn Clerk;
r - •
y S..igned and scaled this; day of 6 under the pains and:penaite.s of
s, z "
perjury:
Ann Quirk,Town Clerk
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bttp /./search;barn'stabtedeeds:org/ALISMW40M,T, �I?WSIQTP=$Y6OV&W.. 8/11/2017-
08/11/2011 Friday
50 Pine Grove- checked former Amnesty apt.—now a daycare with 10 kids. Checking on
rescission (Copy obtained). Found daycare in lower level. CLOSED
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Commonwealth of M
Town of Barn:
200 Main Street-(508
BOARD OF FIRE PREVENT
APPLICATION FOR PERMIT TO
Panels:
ES Amps: 0.00 ES No Meters:
ES Volts New Amps:
ES Overhead: False New Volts:
ES Underground: False NS Overhead
FOR A SERVICE CHANGE A HOMEOWNER CANNOT
1 ELECTRICIAN WITH A PERMIT
Estimated Value of Electrical Work: 0.00
Work to Start: 05/02/2017 Inspections to be requested i
INSURANCE COVERAGE: Unless waived by the owner, no
the licensee provides proof of liability insurance including "co
undersigned certifies that such coverage is in force, and has
Insurance Coverage: None Specified
I certify, under the pains and penalties of perjury, that the inf
01L—`8-2011 03 a 48P
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COO)
Town of Barnstable
Zoning Board of Appeals
Comprehensive Permit Decision.and Notice
Comprehensive Permit Number 2010-29— DeMello
Chapter 40B Comprehensive Permit
Applicant: Adiles DeMello
Property Address: 50 Pine Grove Avenue Hyannis, MA 02601
Assessor's Map/Parcel: Map 290, Parcel 078-001
Zoning: RB Zoning District
Deed Reference: Book 21460 Page 68
Applicant:
The applicant is Adiles DeMello; who resides at 50 Pine Grove Avenue Hyannis, MA 02601. Adiles
DeMello was granted title to the property by deed recorded in the Barnstable County Registry of
Deeds on October 24., 2006'as recorded in Book 21460, Page 68.
Relief Requested:
The applicant Adiles DeMello has applied for a Comprehensive Permit under Chapter 40B of the
General Laws of the Commonwealth of Massachusetts, and in accordance with Article 11 of Chapter
Nine of the Code of the town of Barnstable, more commonly termed the "Accessory Affordable
Apartment Program."
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 in the lower level of single-family owner-occupied residential dwelling. The issuance of this
Comprehensive Permit would allow for one bedroom accessory affordable apartment unit in the
lower level. The accessory apartment is an approximately 560 square foot unit.
LOCUS:
The property at issue is a 0.31-acre lot located at 50 Pine Grove Avenue, Hyannis, MA 02601. The
lot was developed in 1986 with a single-family ranch style home. The effective living area of the
main residence is 1,144 square feet.
Background:
The lot is served by public water and town sewer, and is located within a Wellhead Protection
Overlay District. The town of Barnstable's Public Health Division reviewed the application, and on
August.24, 2010, approved a total:of four(4) bedrooms at the property.
Procedural & Hearing Summary:
A site approval letter was issued for the property by Town Manager John Klimm on September 24,
2010, in accordance with MGL Chapter 40B and 760 CMR. Notice of.the site approval letter was
sent to the Department of Housing and Community Development in accordance with the
i
Town of Barnstable,Zoning Board of Appeals
Decision and Notice,Comprehensive Permit No.2010-29 DeMello,A.
requirements of CMR 760. An application for a Comprehensive Permit was filed at the Town
Clerk's Office on September 24, 2010.
A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the
Barnstable Patriot on September 24, 2010 and October 1, 2010, and notices were sent to all -
abutters in accordance with MGL Chapter 40B.
On October 20, 2010 Hearing Officer Laura Shufelt opened the public hearing at 6:00 p.m. Cindy
Dabkowski of the Growth Management Department was present. The applicant, Adiles DeMello,
sent email correspondence requesting a continuation. Hearing Officer, Laura Shufelt Read the
correspondence into the hearing and continued the hearing to December 1, 2010 at 6:00 p.m.
On December 1, 2010 Hearing Officer Laura Shufelt opened the public hearing at 6:00 p.m. The
applicant, Adiles DeMello was present. Cindy Dabkowski of the Growth Management Department
was also present. Hearing Officer, Laura Shufelt reviewed the file with the applicant to assure
compliance with all of the program requirements.
1. The hearing officer made Ms Adiles DeMello aware f the proposed conditions and she
consented.
2. Ms. DeMello gave her testimony.
3. Members of the public were requested to comment, none commented.
4. The December 1, 2010 hearing was closed at 7:00 P.M.
A written copy of this decision shall be forwarded to the Zoning Board of Appeal on December 3,
2010 as required by 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 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.
Findings of Fact:
At the hearing on December 1, 2010 the Hearing Officer made the following findings of fact:
1. The applicant is Adiles DeMello who resides at 50 Pine Grove Avenue, Hyannis MA
02601. The applicant is requesting a Comprehensive Permit to create an independent
living unit in the lower level of the home. The creation of the unit as an accessory
affordable unit within a single-family owner-occupied residential dwelling qualifies for the
"Accessory Affordable Apartment Program."
2. Adiles DeMello was granted title to the property by deed recorded in the Barnstable County
Registry of Deeds on October 24, 2006 as recorded in Book 21460, Page 68.
3. On September 8, 2010, a site approval letter was issued for the property by Town Manager
John Klimm, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site
approval letter was sent to the Department of Housing and Community Development, in
accordance with the requirements of CMR 760, and no issues were communicated from the
Department on this particular application.
4. The proposed accessory affordable unit is approximately 560 square feet, and is located in
the lower level of the principle dwelling.
2
i
Town of Barnstable,Zoning Board of Appeals
Decision and Notice,Comprehensive Permit No.2010-29 DeMello,A.
S. The applicant is aware that the unit must meet all applicable building codes to be occupied
and that the Building Division-and Fire Department will also be inspecting the unit for
compliance with all applicable building and fire codes.
6. The house is served by public water and Town sewer and is in an identified Wellhead
Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health
Director, and he has approved a total of four (4) bedrooms at the property.
7. On October 1, 2010 the applicant signed an Accessory Affordable Apartment Program
Agreement Affidavit that commits, upon the receipt of a Comprehensive Permit, to the
recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the
Barnstable County Registry of Deeds. That document will restrict the unit in perpetuity as
an affordable rental unit and requires that the dwelling be owner-occupied as the
applicant's primary residence.
8. The applicant understands that the affordable unit will be rented to a person or family
whose income is 80% or less of the Area Median Income (AMI) of the Barnstable
Metropolitan Statistical Area (MSA) and further agrees that rent (including utilities) shall not
exceed 30% of the monthly household income of a household earning 80% of the median
income, adjusted by household size. In the event that utilities are separately metered, the
utility allowance established by the town of Barnstable shall be deducted from rent level so
calculated.
9. According to the Massachusetts Department of Housing and Community Development, as
of April 27, 2010, 6.7% of the town's year round housing stock qualifies as affordable
housing units. The town has not reached the statutory minimum of affordable housing
under MGL Chapter 40B Section 20-23 or its implementing regulations. The Mown of
Barnstable's Local Comprehensive Plan encourages the use of existing housing to create
affordable units and the dispersal of these units throughout the town.
Summary:
The Hearing Officer ruled that the applicant Adiles DeMello has standing to apply for a
Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment
Program. The proposal is also deemed consistent with Focal 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 Shufelt ruled to grant the Comprehensive Permit in accordance with MGL
Chapter 40B Article II of Chapter Nine of the Code of the town of Barnstable, more commonly
termed the "Accessory Affordable Apartment Program to the applicant, Adiles DeMello. It is issued
to allow for a one bedroom accessory affordable 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
Town of Barnstable,Zoning Board of Appeals
Decision and Notice,Comprehensive Permit No.2010-29 DeMello,A.
3. The property owner shall occupy the dwelling as her primary residence.
4. This unit shall not be occupied by a family member of the owner.
5. All parking for the accessory apartment and the main dwelling shall be on-site and no lodging
shall be permitted for the duration of this comprehensive permit.
6. To meet the requirements of affordability, the cost of housing (including utilities) shall not
exceed 30% of 80% of the median income for a single individual for the Barnstable MSA. In the
.event that utilities are separately metered, the utility allowance established by the town of
Barnstable shall be deducted from rent level so calculated.
7. All leases shall have a minimum term of one year.
8. The Growth Management Department shall serve as the monitoring agent for the accessory
apartment.
9. The applicant shall apply for a building permit for the accessory unit, whether the unit is new or
pre-existing. Before securing an occupancy permit and certificate of compliance,the Building
Commissioner 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.
10. The applicant may select her own tenant. The tenant shall meet the requirements of the
program as cited above and provided that person's income is reviewed and approved by the
Growth Management Department of the town of Barnstable as a qualified individual. The applicant
will be required to work with the town to provide information necessary to document that the
tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual
or family. Whenever a vacancy occurs, notice must be given to the Growth Management
Department and the unit must be listed with the Town.
11. Every twelve months the applicant shall review the income eligibility of the individual
occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit,
the applicant shall file with the Growth Management Department of the town of Barnstable an
annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant
shall provide the town any additional information it deems necessary to verify the information
provided in the affidavit. Upon any report from the town that the terms and conditions of this
permit are not being upheld, the Zoning Board of Appears or it's Hearing Officer shall have the
ability to hold a hearing to show cause as to why this permit should not be revoked. f
12. This Comprehensive Permit shall not be transferable to any other person or entity without the
prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory
Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be
filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the
Growth Management Department of the town of Barnstable shall be notified within 60 days of the
name and address of the new owner.
4
I
i
Town of Barnstable,Zoning Board of Appeals
Decision and Notice,Comprehensive Permit No.2010-29 DeMello,A.
13. This Comprehensive Permit shall be exercised and the unit occupied within 12 months of its
issuance or it shall expire.
Ordered:
Comprehensive Permit number 2010-29 has been granted with conditions.
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 Shufelt, Hear nn g Officer date Signed
I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby
certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and
that no appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this day of. ,, under the pains and penalties of
perjury.
Linda Hutchenrider, Town Clerk
5
f
I< - 25221 P:u 76 54 4.5
REGULATORY AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made
this 261h day of January 2011,by and between Adiles DeMello of 50 Pine Grove Avenue Hyannis,MA 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 50 Pine Grove Avenue
Hyannis, MA as further described in deed recorded herewith as Barnstable County Registry of Deeds
Book 21460&Page 68.
B. The Project located at 50 Pine Grove Avenue Hyannis,MA will consist of one accessoryapamnent
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. 2010-29 DeMello 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 2:1 &Page ` l 1
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.
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
taut.
2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of
80% of the Area Median Income (AMI) of Barnstable 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. Tlie 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. Thee 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,
f
mortgage note,or other instrument to which the Owner is a parry or by which it or the Owner is bound,will not
result in the creation or imposition of any prohibited encumbrance of any nature.
6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to
the premises.
7. There is no action,suit or proceeding at law or in equity or by or before any governmental
instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting
it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on
business substantially as now conducted(and as now contemplated by this Agreement) or would materially
adversely affect its financial condition.
B. COMPLIANCE
The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of
Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and
covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of
estate are also deemed to be satisfied in full.
C LIMITATION ON PROFITS
1. The Owner agrees to limit his/her profit byrenting the Designated Affordable Unit in pupetuutyto a
household with a maximumm income of 80%or less of the Area Median Income (AM) of Barnstable
Metropolitan Statistical Area(VISA) 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 Ban-stable 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. 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 NSA.In the event that utilities are separately metered,a utility allowance
established by the Barnstable Housing Authority shall be deducted from the rent.
IV. RECX)RDING 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 ut pan 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 transrnit to the
Municipality evidence of such recording or filing including the data and instrument,book and page or registration
number of the Agreement.
2
I
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,pact 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 .
bywritten notice.
VIL 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.
VHL 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 nun 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 Iand described in deed recorded herewith as Barnstable County Registry of Deeds Book 21460
& Page 68 and shall be binding upon the Owner and all successors in title . This Agreement is made for the
benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this
Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest.
The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions
contained in this Agreement shall be deemed to affect the title to the property described in deed recorded
herewith as Barnstable County Registry of Deeds Book 21460&Page 68.
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 onlytake effect after: 1)expiration of the lease terms entered
into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the
Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the
recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land
Court as the case may be,thus rendering said Comprehensive Permit void. Upon:the cancellation of the
comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use
permitted under zoning and the restrictive covenant shall be rendered void.
X. SUCCESSORS AND ASSIGNS:
3
I
A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and anv 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 merely personal covenants of the Owner,and (1)shall bind the Owner,its
successors and assigns and inure to the benefit of the Municipahty and its successors and assigns for the term of
the Agreement.
XI. 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 terns and conditions hereof. The
Municipality may exercise anyremedyavailable to it. The Owner will pay all costs and expenses,including legal
fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the
Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and
expenses. 'Ihe 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.
XII. MORTGAGEE GDNSENT:
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 terns and conditions hereof and that all such
mortgagees have executed consent to this Agreement.
IN WITNESS VA-IEREOF,we hereunto set our hands and seals thing day of-_@yt �2011.
OWNER V
BY:
0'-f, Iwo
S' cure + 1 l
Printed: 1 1 P 5 oe Lie.) 10
GOMMOMVEALTH OF MASSACHUSETTS
County of Barnstable,ss:
On this "day of J(- 2011 before me,the undersigned notarypublic,personally appeared
the avner(s),proved to_me through satisfactory evidence
of identification,which were } ,to be the person(s) whose
name(s) is signed on the preceding or attached document a aclmowledged to be that he/she signed it
voluntarily for the stated purposes.
�, Isj—
N�ary Pubhc
Printed: t t --• ' \ot43$1CAt My Conunission Expires: 7-Cl� 2.0 1(0
& CINDY L. DABKOWSKI 4
Notary Public
COMMONWEALTH OF MASSACHUSETTS
My COMMISSion Expires
February 29, 2016
TOWN OF BARNSTABLE
BY:
l
TO MANAGER
COMMONWEALTH OF MASSAQ-iUSE M
County of Barnstable,ss:
On this ;2 day of��,4�_�� 2011 before me,the undersigned notary public,personally appeared
the Town.Manager for the.Town of Barnstable,proved to me through satisfactory
evidence of identification,which were c'd Sa+tip// ,k1 ,to be the person whose name is signed on
the preceding or attached document an=acknowiedbe that he/she signed it voluntarily for the stated
purposes.
Notary Public
I
Printed: � 'xct 7% My Commission Expires: e G
ate- -..
°'Nb9ary1��"LBbI_jt:-
Joyce A. f ersuiY e
f
GommonweatLh�i lu9.cs:ac�tusetta
!liyGLrinr;dun;=rtirF;snnt=nt.t43 2016,E
5
Town of BarnstableBuildin
= �b ,,,,.
ns M s :be Ret ine on ob.anc!this_Card,Must, a Ke t
This Card SozThat t.i isibl From. a Street,:,A rpved Pla u t a d J.
ost s. / . e . .- h pp. P ,
ew�ac x: .
ir m
e Where a:Certifieate:of®ceu anc is�Re aired=.such Bui[din "shall Notibe Occu ,ie, lu'ntil�a Elnal jns ection teas been.<made> ; �� ey+jjil
Permit No,. B-17-1171 Applicant Name: Henry Cassidy
Approvals
Date Issued: 05/03/2017 Current Use:- _ Structure
Permit Type: Building-Insulation-Residential Expiration Date: 11/03/2017 Foundation:
Location: 50 PINE GROVE AVENUE, HYANNIS ry Map/Lot:2990 078 001 Zoning District: RB Sheathing:
Owner on Record: DEMELLO,ADILES Contractor Name HENRY E CASSIDY Framing: 1
Address: 50 PINE GROVE AVE --contra"actor;icense CS-100988 2
HYANNIS, MA 02601 I , "�X Est Project Cost: $3,600.00 Chimney:
a r ��
IN
Description: R-30 cellulose to 1032 sq.ft.attic,6 hours air;sealmg,perimeter 1 t- Permit Fee: $85.00
Insulation:
max foam bd. basement I I
.
Fee Paid" $85.00
Project Review Req: R-30 cellulose to 1032 sq.ft. attic,6 hours air.seal ng, perimeters Date x 5/3/2017 Final:
1"t-max foam bd. basement � '� - -
�� Plumbing/Gas
Rough Plumbing
ngOfficial Final Plumbing:
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within s x months after issuance. Rough Gas:
All work authorized by this permit shall conform to the approved application and the'approved construction documents:for which this permit has been granted.
All construction,alterations and changes of.use of any building and structures 04I be in compliance with the local zoning by-.'Taws codes. Final Gas:
This permit shall be displayed in a location clearly visible from access street orroad�and shall be maintained open for public mspection for the entire duration of the
i, K x
work until the completion of the same. x f
Electrical
The Certificate of Occupancy will not be issued until all applicable si naturesrbihe uildm and`fire Off cia s are rowded on this` ermit.
P Y pP g � �F Yg g� � � .P � P Service:
Minimum of Five Call Inspections Required for All Construction Work:
1.Foundation or Footing ., Rough:
2.Sheathing Inspection
3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final:
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection
5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough:
6.Insulation
7.Final Inspection before Occupancy Low Voltage Final:
Where.applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health
Work shall not proceed until the Inspector has approved the various stages of construction...- - -
Final:
Persons contCa.ct ng with unregistered..contractors,Ao--not have access to the guaranty-fund" (as set forth"in.MGL c,142A)'.:.;
Fire Department
Building plans are to be available on site Final:
All Permit.Cards are the property of the APPLICANT-ISSUED RECIPIENT
I
` Town of Barnstable YN
WS
200 Main Street, Hyannis MA 02601 508-862-4038
Application for Building Permit
Application No: TB-17-1171 Date Recieved: 4/23/2017
Job Location: 50 PINE GROVE AVENUE,HYANNIS
Permit For: Building-Insulation-Residential
Contractor's Name: HENRY E CASSIDY State Lic. No: CS-100988
Address: WEST YARMOUTH, MA 02673 Applicant Phone: (508) 775-1214
(Home)Owner's Name; DEMELLO,ADILES Phone: (508)280-3161
(Home)Owner's Address: 50 PINE GROVE AVE, HYANNIS,MA 02601
Work Description: R-30 cellulose to 1032 sq.ft.attic,6 hours air sealing, perimeter 1"t-max foam bd. basement
�, 'C
Total Value Of Work To Be Performed: $3,600.00 m
F
Structure Size: 0.00 0.00 0.00
Width Depth Total Area
I hereby swear and attest that I will require proof of workers'compensation insurance for every contractor,subcontractor,or other worker before
he/she engages in work on the above property in accordance with the Workers' Compensation Act(Chapter 568).
I understand that pursuant to 31-275 C.G.S.,officers of a corporation and partners in a partnership may elect to be excluded from coverage by
filing a waiver with the appropriate District Office;and that a sole proprietor of a business is not required to have coverage unless he files his intent to
accept coverage.
I hereby certify that I am the owner of the property which is the subject of this application or the authorized agent of the property owner and have
been authorized to make this application. I understand that when a permit is issued,it is a permit to proceed and grants no right to violate the
Massachusetts State Building Code or any other code,ordinance or statute,regardless of what might be shown or omitted on the submitted plans and
specifications. All information contained within is true and accurate to the best of my knowledge and belief.
All permits approved are subject to inspections performed by a representative of this office. Requests for inspections must be made at least 24
hours in advance.
Signed: Henry Cassidy 4/23/2017 (508)775-1214
Applicant Date Telephone No.
Estimated Construction Costs/Permit Fees
Total Project Cost : $3,600.00 Date Paid Amount Paid Check#or CC# Pay Type
Total Permit Fee: $85.00 4/23/2017 $85.00 XXXX-XXXX-XXX.Y-Credit Card
6926
Total Permit Fee Paid: $85.00
�E 151�211111012-1- i K.-Ell'84'
a u.. lA ..., a.•. ,3, �ia..S 4`:i5'w+.us»
I I
i
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map Parcel -?00 Application # d II
Health Division Date Issued l
Conservation Division Application Fee J
Planning Dept. Permit Fee
Date Definitive Plan Approved by Planning Board
Historic - OKH _ Preservation / Hyannis �w� ��c cq 0V*_J_
Project Street Address SO 21 n e G-W tie A y e
Village 5
Owner i P S 0C Mfl In Address 50 I9 i v)n 6-ro V2 q V e
Telephone ) -
Permit Request F" )n15[1 QSOYYiPY) 4 W)e )1)4 54 ruG�(; 'Ycl ;
�('C'S S t1u n�L7�k1 �'� �!J� Y(9('�'� ' y<�n
r0 + 56s i L av
Square feet: 1 st floor: existing( I 94 proposed •Fi floor: existing proposed s -'` Total new .600
Zoning District Flood Plain Groundwater Overlay
Project Valuation Construction Type
Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation.
5
Dwelling Type: Single Family '� Two Family ❑ Multi-Family (# units) ='
Age of Existing Structure Historic House: ❑Yes to On Old King's Highway:i ❑Yes 0
Basement Type: XFull ❑ Crawl ❑Walkout ❑ Other
Basement Finished Area(sq.ft.) = $00 Basement Unfinished Area (sq.ft) 4 r
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 L
Heat Type and Fuel: XGas ❑ Oil ❑ Electric ❑ Other
Central Air: ❑Yes 'gNo Fireplaces: Existing I New Existing wood/coal stove: ❑Yes XjNo
Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_
I
Attached garage: ❑ existing ❑ new size _Shed:xexisting ❑ new size��xlaOther:
Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑
Commercial ❑Yes ANo If yes, site plan review #
Current Use Proposed Use
APPLICANT INFORMATION
(BUILDER OR HOMEOWNER)
Name Dd-11 S l.l.P Ve Telephone Number 0 J
Address 50 �►1n 6 Y 0.,f e A U e ° License #
n C� Home Improvement Contractor#
Worker's Compensation #
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO
SIGNATURE C� ���, , DATE �'�
4
.FOR OFFICIAL USE ONLY
`APPLICATION#
DATE ISSUED
MAP/PARCEL NO.
t
} ADDRESS VILLAGE
OWNER I
DATE OF INSPECTION:
FOUNDATION
`T FRAME
INSULATION
FIREPLACE
ELECTRICAL: ROUGH FINALI
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL
s d�
FINAL BUILDING
C '
f 1
r
s
DATE CLOSED OUT
ASSOCIATION PLAN NO.
-
Town- of Barnstable
Regulatory Services
. « Ti,lgT3TAbL.. .
Thomas F. Geiier, Director
=6-f¢ Building Division
Thomas ferry, CBO, Building Commissioner
zoo Main st ter, xyans,MA 0260 l C—�
www.town.barnstable.rma.us
'Officec 508-862-4038 Fax: 508-790-623C
PLAN REVIEW
Owner- Map/Parcel: - 6 7�- - 0 o !
Project Address E C4-0 G_ Builder: C�'PJ ik C�:
The following items were noted on reviewing:
0 L� . �S LSE 16.0 40le'' E L L
D L
N.
y (y 1--(7 -o yT- S/G..-N E�b tt FF 1 6 4 y I--
Fs S 77+ 120 6-4 *o u.S L .S E6�
N 5PE7 <,-`gat-R M -brr� � .
' �► c4 F`YGfS c 6
Reviewed by:
Date: S —
The Commonwealth of Massachusetts
f
Department of Industrial Accidents
Office of Investigations r
600 Washington Street
Boston, MA 02111
www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/EIectrieians/Plumberg
A.Pplicant Information Please Print Le 'bl
Name(Business/OrgmlizBfionflndividual): d ( �e
Address:- i n e N'e
If
City/Statdzip: a _Ool I Phone.#: C�O6) 360 1 5 3
Are you an employer? Check the appropriate bow Type of pros ect(required):
1.❑ I am a employer with 4. ❑ I am a general contractor and I 6. ❑New construction
employees(full and/or part time).* have hired the sub-contractors
2.❑ I am a-sole proprietor or parfner-
listed on the attached sheet 7. ❑Remodeling
ship and have no employees These sub-contractors have g, ❑Demolition
have workers'
to ees and ha
Y
working for me in any capacity. � 9. ❑Budding addition
[No workers' comp.-msUTK3 rr. comp,tnmnance$
5. ❑ We are a corporation and its 10.❑Electrical repairs or additions
*. 1
bgmred.] officers have exercised their 11.❑Plumbing repairs oradditions
3 am a homeowner doing all workmysclf:[No workers' comp. right of exemption per MGL 12 ❑Roof repairs.
t c. 152, §1(4), and we have no
] employees. [No workers' 13. Other ► i
insurance r boa 5Q Y11�
camp.nrsrance required.] Y h 15{3 I I e Ye S•
rr �
'Amy applicant that cheeks box#1 moat also fill out the section below showing their wmrk='comparsatlon policy mfbumtrort
1' Lv
t+,H�omeowncra who subadt this e$davit atidirating they arc doing sM workmnd thra hire outside contractors umst subruit anew afidavit indicating 6veh-
1C=traetDn that check this box must attached an additional sheet showing the name of the subt;antradrnx and state whcfiha of not those cnti$a have
euplayers. if the sub-ccmtract ors have avployces,they nnut provi&their wmkcrs'comp.policy number.
I am an employer that is praviding workers'compensation insurance for my employees. Below is the policy and jab site
information.
Insurance Company Man
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 sccm:e coverage as required under Section 25A of MGL c. 152 can lead to the imposition of rrimirial 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 statcmerit may be forwarded to the Office of
Rx-estigationi of the MT 4.for insurance coverage verification.
I do hereby certify under the Rains aunt penalties of perjury that the information provided above is true and correct.
Si c: I✓L/1 v�l Cl(/ Date: _-
Phone#
Official use only. Do not write in this area,tb be completed by city or town officiaL
City or Town: Permit/License#
Isming 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#:
Town of Barnstable
�op•tNt:r�ti
Regulatory Services
Thomas F.Geller,Director
BwaNSTwacE,
019. Building Division
FTED `q� Tom Perry,Building Commission-er .
200 Main Street, Hyannis, MA 02601
wmy.town.b arnsiabl e.ma.us
Office: 508-862-4038 Fax: 508-790-6230
HOMEOWNER LICENSE EXEMPTION
-•� ` Please Print
DATE:JOB LOCATION:511 91 Nbe G°Yp v P Ave • 7\`
c*�Yl n 1 S_
(number ,n , i /street 2 l llago
„HOMEOWNER": Ad I I l°� F Re N uG 1 to 1:00 J 6 0 ') d,S 3
name home phone# work phone#
CURRENT MAUNG 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 HOlviEOWNER
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 t.o 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 undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department
rr l=um inspection procedures and requirements and that he/she will comply with said procedures and
requirements.
Sf aturc 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 perfomvng work for which a building permit is required shall be exempt from the provisions
of this section(Section 1om'.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 supevisor.1.
Many homeowners who use this exemption ai-e unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,
Rulcs&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 tirith 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 pailof the permit application,
that the homeowner certify that hdshe understands the rrsponsrbilitics of a Supervisor. On the last page of this issue is a form currently used by
v.,,,—rarr-t amend and adopt such a form/certification for use in your community.
T0`VVTI Of Barnstable
Regulatory
t >r Services
e
g
sARNSPABLE. ` Thomas F. Geiler,Director
q MAS&
Building Division
Eb MA
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Property Owner Must
Complete and Sign This Section.
If Using A Builder
I , as Owner of the subject property
hereby authorize to act on my behalf,
in all.matters relative to work authorized by this building permit application for:
(Address of job)
Signature of Owner Date
Print Name
If �y ProP e Ownerapplying is a 1 for permit please complete the Homeowners License
Exemption
Form on the reverse
side.
co w�
290 /078 / 001 50 Pine Grove Avenue Hyannis MA 02601
Adiles DeMello >
Finding: s
On August 6, 2010, the Building Commissioner and Program Coordinator
inspected the property at 50 Pine Grove Ave Hyannis the property currently
contains an accessory unit.
The accessory unit is located in the basement level of the home_ The accessory
unit is configured as a studio unit with a kitchen, living room, and 1 full bathroom.
The upper.mgin dwelling unit currently contains'three-bedrooms*', living room,
kitchen, two full bathrooms. The total number of bedrooms on the property
currently is four. The property is ceinnected to town sewer.
The property has sufficient driveway capacity. There is adequate parking for
I both units. Overall the property wps in good condition.
Conditions
The building commissioner determined that the homeowner shall:
• Add and emergency egress window in the bedroom area of the
accessory apartment.
• Finish the current egress structure and install handrails in the stairwell of
this structure.
• Install energy efficient Stove in kitchen area.
Add a hardwired combination smoke and carbon monoxide detector in
the general living area of the accessory unit.
• Add a hardwired smoke detector unit in the sleeping area of the
accessory unit.
• LAdd second means of egri;ss OR utilize the main house access as second
means of egress. [If main house access is utilized as second means of j
egress the homeowner shall sign an annual davit stcati_n that the maim
` douse access remains open as an exit for tenant The in
will
schedule an annual site visit with the building commissioner and Program
Coordinator to assure all health and safety conditions continue to be
met].
N C
SJ 20-2011 a 1tJ � Cetom+P
a TNF ra,�
Town of Barnstable
Zoning Board of Appeals
Comprehensive Permit Decision and Notice
Comprehensive Permit Number 2010-29— DeMello
Chapter 40B Comprehensive Permit
Applicant: Adiles DeMello
Property Address: 50 Pine Grove Avenue Hyannis, MA 02601
Assessor's Map/Parcel: Map 290, Parcel 078-001
Zoning: RB Zoning District
Deed Reference: Book 21460 Page 68
Applicant:
The applicant is Adiles DeMello, who resides at 50 Pine Grove Avenue Hyannis, MA 02601. Adiles
DeMello was granted title to the property by deed recorded in the Barnstable County Registry of
Deeds on.October 24, 2006 as recorded in Book 21460, Page 68.
Relief requested:
The applicant Adiles DeMello has applied for a Comprehensive Permit under Chapter 40B of the
General Laws of the Commonwealth of Massachusetts, and in accordance with Article II of Chapter
Nine of the Code of the towwn of Barnstable; more ccimrrronly termed the "Accessory Affordable
Apartment Program."
The zoning; relief necessary for this Comprehensive Permit to be issued is that of a variance to
Section 240-1 1(A) principal permitted uses in a RB Zoning district to permit an accessory apartment
unit in the lower level of a single-family owner-occupied residential c.welling. The issuance of this
Corprehensive Permit would allow for one bedroom.accessory affordable apartment emit in the
lower level. I-he accessory apartment is an approximately 560 square foot unit.
L�,crrs:
The property at issue is.a 0.31-acre lot Iocate.d at 50.Pine Grove. Avenue, Hyannis, MA 02601. Tyre
lot was developed in 1986 with a,single-family ranch style home.-The effective living area of the
main residence is 1,144 square feet.
Background:
The. lot is`served by public water aid town sewer, and is located within a Wellhead Protection ^--- --`
Overlay District. The town of Barnstable's Public Health Division reviewed the application, and on
August 24 2010, approved a total of four (4) bedrooms at the property.
Procedural &.Hearing Summary:
A site approval letter was issued for the property by Town Manager John Minim on September 24,
2010, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was
sent to the Department of Housing and Community Development in accordance with the
i r ' +
'rown of Barnstable,Zoning Board of Appeals
Decision and Notice,Comprehensive Permit No.2010-29 DeMello,A.
requirements of CMR 760. An application for a Comprehensive Permit was filed at the Town
Clerk's Office on September 24, 2010.
A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the
Barnstable Patriot on September 24, 201.0 and October 1, 2010, and notices were sent to all
abutters in accordance with MGL Chapter 40B.
On October 20, 2010 Hearing Officer Laura Shufelt opened the public. hearing at 6:00 p.m. Cindy
Dabko wski of the Growth Management Department was present. The applicant, Adiles DeMello,
sent email correspondence requesting a continuation.,Hearing Officer; Laura Shufelt. Read the
correspondence into the hearing and continued the hearing to December 1, 2010 at 6:00 p.r 1.
On December 1, 2010 Hearing; Officer Laura Shufelt opened the public hearing at 6:00 p.m. The
applicant, Adiles DeMello was present. Cindy Dabkowski of the Growth Management Department
.was also present. Hearing Officer, Laura Shufelt reviewed the file with the applicant to assure
compliance with all of the program requirements.
1. The hearing officer made Ms Adiles DeMello aware f the proposed conditions and she
consented.
2. Ms. DeMello.gave her testirnony.
3. Members of the public were requested to comment, none cornmenled.
4. The December 1, 2010 hearing was closed at 7:00 p.m.
A written copy of this decision shall be forwarded to the Zoning; Board of Appeal on December 3,
2010 as required by 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 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.
Findings of Fact:
At the hearing on December 1, 2010 the Hearing; Officer made the following findings of fact:
1. The applicant is Adiles DeMello who resides at 50 Pine Grove Avenue, Hyannis MA
02601. The applicant is requesting a Comprehensive Permit to create an independent
living unit in the lower level of the home. The creation of the unit as an accessory
affordable unit within a single-family owner-occupied i sidenlia,l dwelling qualifies for the
"Accessory Affordable Apartment Program."
2. Adiles DeMello was granted title to the property by deed recorded in the Barnstable County
Registry of Deeds on October 24, 2006 as recorded in Book 21460, Page 68.
3. On September 8, 2010, a site approval letter was issued for the property by fo),wn Manager
John Klimrn, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site -
approval letter was sent to the Department of Housing and ComMUnity Development, in
accordance with the requirements of CMR 760, and no issues were communicated from the
Department on this particular application.
4. The proposed accessory affordable unit is approximately 560 square feet,.and is located in
the lower level of the principle dwelling.
2
4
Town of Barnstable,Zoning Board of Appeals
Decision and Notice,Comprehensive Permit No.2010.29 DeMello,A.
J. The applicant Is aware that the unit must meet all applicable building codes to be-OCCUpie:d
and that the Building Division and Fire. Department will also be inSpe..Cting the unit for
compliance with all applicable building and fire codes.
6. The house is served by public wa►:er and Town sewer and is in an identified Wellhead
Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health
Director, and he has approved a total of four (4) bedrooms at the property_
7. On October 1, 2010 the applicant signed an Accessory Affordable Apartment Program
Agreement Affidavit that commits, upon the receipt of a Comprehensive.Perm it, to the
recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the
Barnstable County Registry of Deeds. That document will restrict the unit in perpetuity as
an affordable rental unit and requires that the dwelling be owner-occupied as the
Applicant's primary residence.
8. The applicant understands that the affordable unit will be rented to a person or family
whose income is 80%, or less of the Area Median Income (AMI) of the Barnstable
Metropolitan Statistical Area (MSA) and further agrees that rent (including Utilities) shall not
exceed 30% of the monthly household income of a household earning 80% of the median
income, adjusted by household size. In the event that utilities are separately metered, the
utility allowance established by the town of Barnstable shall be deducted from rent level so
calculated.
9. i\ccordiiig to the Massachusetts Department of Housing and Community Development, as
of April 27, 2010, 6.7% of the town's year round housing stock qualifies as affordable
housing units. The town has not reached the statutory minimum of affordable housing
under MGL Chapter 40B Section.20-23 or its implementing regulations. The.Town of
Barnstable's Local Comprehensive Plan encourages the use of existing housing to create
affordable units and the dispersal of these units throughout the town.
Summary:
The I-learino Officer ruled that the applicant Adiles DeMello has standing to apply for a
Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment
Program. The proposal is also deemed consistent with local needs because it adequately promotes
the Objective of providing affordable housing for the town of Barnstable without jeopardizing the
health and safety,of the occupants provided all conditions of the Con-Iprehensive Permit are strictly
followed.
Conditions:
Hearing Officer Laura Shufelt ruled to grant the Comprehensive Permit iii accordance with MGL
Chapter 401 Article II.of Chapter Nine of the Code of the town of Barnstable, more commonly
ierrned the "Accessory Affordable Apartment Program to the applicant, Adiles DeMello. -It is issued
to {IIOw-foe a one:bedroorn accessory affordable apartment unit in accordance with the following
conditions:
1. Occupancy of the affordable unit shall not exceed two (2) people.
2.. -1*he total number of bedrooms on the property Shall not exceed four (4).
3
Town of Barnstable,Zoning Board of Appeals
Decision and Notice,Comprehensive Permit No.2010-29 DeMello,A.
3. The property owner shall occupy the dwelling as her primary residence.
4. This unit shall not be OCCUpied by a family member of the owner.
,5. All parking for the accessory apartment and the main dwelling shall be on-site and no lodging
shall be permitted for the duration of this comprehensive permit.
6: To meet the requirements of affordability, the cost of housing (including utilities) shall not
exceed 30% of 80% of the median income for a single individual for the Barnstable MSA. In the
event that utilities are separately metered, the utility allowaFICe established by the town of
Barnstable shall be deducted from rent level so calculated.
7. All leases shall have a minimum term of one year.
8. I he Growth Management Department shall serve as the monitoring agent for the accessory
apartment.
9. The applicant shall apply for a building permit for the accessory unit, whether the unit is new or
pre-existing. Before securing an occupancy permit and certificate of compliance, the Building
Commissioner 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.
10. The applicant may select her own tenant. 1-he tenant shall meet the requirements of the
program as cited above and provided that person's income is reviewed and approved by the
Growth Management Department of the town of.Barnstable as a qualified individual. The applicant
will be required to work with the town to provide information necessary to docurilent that the
tenant qualifies. The.unit shall be rented oil an open and fair basis to an incor'ne eligible individual
or family. Whenever a Vacancy Occurs, notice, must be given to the Growth Management
Department and the unit must be listed with the Town.
11. Every twelve months the applicant shall review the income eligibility of the individual
occupying the unit: No later than a year from th.e date of issuance of this Comprehensive Permit,
the applicant shall file with the Growth Management Department of the town of Barnstable an
annual affidavit listing the rent charged and income level of the occupant of the unit. Tile applicant
shall provide the town any additional information it deems necessary to verify the information
provided in the affidavit. Upon any report from the town that the tern and conditions of this
permit are not being upheld, the Zoning Board of Appeals or it's Hearing,Officer shall have the
ability to hold a hearing to show cause as to why this permit should not be.revoked.
12. This Comprehensive Permit-shall not be transferable to any other person or entity without the
prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory
Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be
filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the
Growth Management Department of the town of Barnstable shall be notified within 60 days of the
name and address of the new owner.
4
( e
Town of Barnstable,Zoning Board of Appeals
Decision and Notice,Comprehensive Permit No.2010-29 DeMello,A.
13. This Comprehensive Permit:shall be exercised and the unit()CCU pied within 12 months of its
issuance or it shall expire.
Ordered:
Comprehensive Permit number 2010-29 has been granted with conditions.
Ap,Peals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant:to
MCI_ 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 MGI_
Chapter 4013, Section 22.
Laura Shufelt, Hearing Officer Date Signed
I Linda Hutchenrider, Clerk of the '['own of Barnstable, Barnstable County, Massachusetts, hereby
certify That: twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and
that no appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this 1� day of l: i under the pains and penalties of
perjury.
! J
Linda Hutchenrider, Town Clerk
J
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n:r 1 -?v-�� 8 � s- a i-ice:? == 4v6'>.
REGULATORY AGK1:E MME NT
AND DECLARATION OF RESTRICTIVE COVENANTS
THIS. REGULATORY AGREEI9ENT and DECLARATION OF RES'I"RICI'IVE COVEI\TANTS,is inade
this 261h day of Janti<uy201.1,byaud between Adiles DeMello of 50 Pine Grove Avenue Hyannis,MA and
its Succ;essors and assigns (hereinafter the "Owner"),and the T'OWNT OF BARNSTABLE (the "I1ur:iicipality'),a
political subdivision of the Cornrnonwealt:h;
NVHEIZEAS tlic Owner has been granted a Comprehensive_Pcnnit.Under Massachusetts General Law Chapter
40B anti local regulations bythe Zoning Board of Appeals to permit the creation of an accessci.ry apartment in cur
owner occupied dNvelluig which will be rented to a Low or Moderate Income Person/ Family(lrereirrafter
"Designated Affordable Unit");and .
NOW TI II REFORE,in mutual consideration of the agreements and covenants contained herein,and other
good and valuable consideration,the receipt and sufficiency 6f which is hereby acknowlcd,,c 1,the parties agree
as follows:
I__ PROJECT SCOPE AND DESIGN:
A. Tl-e tc= of this Agreement and Covenant regulate the property located at 50 Pine Grove Avenue
Hyannis, -VIA as further dcscnibed in deed recorded herewitli as Barnstable County Registn-r, of Deeds
Book 21460 &Pagc 68.
B. '1'6e Project located at 50 Pine Grove Avenue Hyannis,MAY ll consist of one accessoryaparrnent
tuiit which will be rented to an eI,i.ble low or moderate incomeIndividual or far ily(the "Designated Affordable
Unit" or the"Unit").
C. The 0,vvner agrees to constnrct the Project iri accordance With the tern-is of comprehensive penrut
Appeal Into. 2010-29 DeMello and any-plates subnnitted therevVith and all applicable state, federal and municipal
laws and res tilations.Said permit is recorded herewith as Barnstable County Registry of Deeds
I3ook� '?_'�_&Page ( 1
D. 1li Ovoier ag rees to occupythe principal dwelling unit located on the propertvas their principal
residence in accordance�"qth the teens of tlic comprehensive permit.
II. THE OWNER'S COVE\TAINTS AND RESPONSIBILITIES:
A. TI_) OWNER HEREBY IZEPRESENFS, COVENiVNI TS AND NVAB.RATIN S A's FOLLMXI:
1 Ire receiving the comprehensive.pennit to create rlre:Designated Affordable unit,the OR7ier agreed that
the Designated Affordable Urit shall be set aside in pcnpctuiry for the public purpose of providirig safe and
decent housing to persons canning at or below$0% of the area median income of Barnstable N.ietaopoli.tart.
Statistical Area (I'LSA) and that the DesigriatedAffordable Unit shall be deemed to be impressed with a public
trust.
2. The Designated Affordable Un1t.sha11 be rented in perpetuiryto a household %vitli a inaxImurri incorne of
80% of the Area Median Income (J\ I) of Barnstable MSA and that rent(iri.cludirig utilities) shall not exceed an
aniotint that is affordable to a household whose income is 800% of unit median income of.Barnstable M(SA. In.the
event chat utilities are separately metered,a utility allowance established by the Banistable: I-lousingAudrority
shall be deducted from the rent level.
3. The Designated Affordable Unit will be retained as a pennlarie:nt,year round rental dwelling writ vitli at
least a one-year lease.
4. 'flit: Owner his the full legal right,poNver and authority to execute and deliver tl Js Agreement.
5. Tlie ezecurion and.performance of this Agreeincnt by the Owner will not violate or,as applic;:.ble, has
not violated aayprovision of law, rule or regulation,or any order-of any court or-otlier agency or govenimemal
body,and will not violate or, as applicable,has not violated imyprovision of anyiridentttt-e,agreement,inort:gage,
mortgage note,or other ILstr-urilent to which the Owner is a party or by which it or the Owner is bound,"kill not
result in the creation or imposition of anyprohibited encumbrance of any nature.
G. 'Ilse Gaiter,at the citric of execution and delivery of this Agreement,has good,clear marketable title to
the premises.
7. There: is no action,stilt or proceeding at law or in equity or by or before any governmental.
instr i-micntality or other agency now pending,or,to the knowledge of the Owner,threatened a,alLst or affecting
it,or any of its properties or rights,which,if adversely deterniirled,would n-iaterially impair its ridit to carry on
business substantially as now conchrcted (and as now contemplated by this Agreement) or would materially
adversely affect its financial condition.
B. NII'LIAANCL
The 0,�vrier Hereby agrees that any and all requirements of the:laws of the aminit:lnwealth of
t14'assad-lusetts 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 inn full and that any regcril-enients of privileges of
estate are o-Iso deemed to be satisfied in full.
C;. L,I ITTA.TIOI\I ON PROI=ITS
1. 'Tine Owner-agrees to limit leis/her profit byrenting the Designated Affordable Unit in peil)etirityto a
household with a inaxiinum income of 80% or less of the Area Mediaun Income (AM[) of'Barnstable
Metropolitan St:atistic'al.Area(VISA) and that rent(including utilities) shall not exceed an arnount that is
affordable to a ltousellold whose ilconle.is 800% of the median income of Bamst:able VMSA. .In the event that
utilities arc separately metered,a utility allowance established by the Barnstable I1owi.ng AutltoritysFrall be
deducted.from tile;rerti.
2. The ORnier shall anrltially deliver to the Municipality and to the Moru_orim,Agent,as design%ted by the
Tcmm Manager,proof that the Designated Affordable Unit is rented,the tenant's Ircorrne verification,a copy of
the lease at;reemelltand the rent charged forthe unit or units. Such iinforination 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 ONvner
shall notify the Mormonrig Agerlt,as designated by the'Town Manager,within di l-ty(30) days of the date that a
tenant has vacated the Designated Affordable Unit.
III` XTUN OPALITY COVENANT'S AND RESPONrS'IBILITTES
L Tine MIUNICII'ALITY,through the monitonrig agent designated by the Town Mtirager agrees to
perform the duties of verifying that the Designated Affordable Unit is being rented in peIIIletuity to a household
with a.ma_ximtnn inconle of SO'k, or less of the Area Median Income (AA-ff) of Barnstable NSA and tl.at rent
(includlrl"1ltlhties) shall not exceed an animunt that is.affordable to a household whose income is 800/0 of the -
median income of Barnstable NTSA.In clle event that utilities are separately nletcrec.l,a uti.litvallowance
establislicd bythe Barnstable Housing Authoiityshall be deducted.froin the rcilt.
IV. RE(r)RDING OF AGREEMEW:
U? oit execution,tine OV NIER shall mimcdiately cause this Agreement and any arile.ndments hereto to
be recorded with the Regisuy of Deeds for Barnstable County or,if the Project consists in whole or In part of
registered land,file this Agi;eenncrrt and ariy amcnclnlents hereto with the Regis try District of t:he Barnstable Land
Court(coll.ectivelyhercinafter the "Registl�-of Deeds"), and die O«aler shall pay all fees and charges incurred in .
corurectionlherewich. Upon recording or filling,as applicable,the Owner shall Immediatelyu-ansrnlit to tine
Municipality evidence of such recording or filing including the date and Instnunerrt, book and page or registration
ntirrrb,_'r of the Agreement. .
2
.
i J
V. GOVERNING OF AGREET\ ENI':
This Agreement shall be governed by the laws of the Conannonwealth of Massachusctts. Any
amendments to this Agreement must be in writing Fund eecirted by all of the panics hereto. T1ne invalidity of an),
clause,pan or provision of this Agreement shall notaffect the validity of tlrc renru ni-ug portions hereof.
VI. NOTICE:
Alt notices to be given pursuant:to this Agreement shall be ui waiting and shall be,deemed given when
delivered by hand or wrinen 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 rnayfrom tune to time cle.signate
by written notice.
VI1. HOLD I-TARMLESS:
The (hwrtcr hcrcbyagrces to iriderrnrrify gird hold harmless the Municipa1lit:y ancl,/or its delegate from any
and all actions or irnactions by the Owner,its agents,servants or employees which result in clairrs rma..le against
Mtuucipality and/or its delegate,including but not limited to awards,judgments,'out-of-pocket expenses and
attorneys fees necessitated by such actions.
VIH. ENTIRE UNC)ERSTANDING:
A. This Agreement shall cornstitute the entire understanding between the parties and any arrlendments or
changes hereto must be in writing,executed by the parties,and appended to tl.nis dOCunnent.
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 shaL be deemed to be, and by these
presents are, granted by the Owner to.nun un perpetuity un favor of and be held by the Municipality as any other
peri n:lrteni restriction held by a goverrunental body as that term is uscd in MGL C:11. 184,Section 26 which shill
nun rith the land described in deed recorded herewrith as Barnstable County Registry of Deeds Book.21460
&Page 68 and shall be binding upon the Owner and all successors in title . This Agreement is inade for the.
benefit of the Municipality and the Municipality shall be deerned to be the holder of the restriction created by this
Agreement. 'The Municipality has deternnuied 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. T1ne covenants acid restrictions
contained in this Agreement shall be deemed to affect the title to the property described in. deed recorded
herewith:-as Barnstable County Registry of Deeds Book 21460&Page 611.
IX. TERM OF AGREEMLN'F:
The terns of this-Agreement shall be perpetual,provided,however,that the Owner of a Designated
Affordable Unit or Units r.nayvoluntardycancel the granted Comprehensive Permit and the terns and
restrictions unposed herein. Such cancellation shall onlytake effect after: 1) expira.tion of the lease t:errrrs entered
into berweeri the.Owner and Tenant occupyuig said unit and 2) notification by the Owner of said dwellung 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 BaITIStablc COLllnty Registry of Deeds or Bari stable.County Registry of nce Land
Court as the case may be,thus renderirng said Comprehensive Permit void. Upon the cancellation of the
cornpreherisive permit,the propertywrinrch is the subject Innatter of this restrictive covenant shall revert to the use
perrnnittcd under zoning and the restrictive covenant shall be rendered void.
X. SUCC:F_.SSORS AND ASSIGNS:
3
r
=t
A. The Panics to this Agreement intend,declare,and covenant on behalf of rhemsel cs and auv successors
and assigns their-rights and duties as defined in tlils ReglilatorvAgrecincin and the attached comprehensive
perntit.
B. The Owner inntcnds;declares,and covenants on behalf of itself and its successors and assigns (i) that this
Agree
ment and the covenants,agreements and restrictions contained herein shall be and are covencuit:s rurLrning
with the land,enctunberirig the Project for the term of this Agreement,and arc bindurg upon the Owner's
successors in title, (ii) are not merely personal covenants of the Owner,and 6ii) shall bind the Goner,its
successors and assigns and inure to the benefit of.the Mini* ipaliryarnd its successors and assigns for the tcnn of
the Agree-Lncnt.
X,I--- DEFAULT:
If any default,violation or breach by the Owner of this Agreement is not Cured to the satisfaction of the
.Monitoring Agertt'Within thirty(30) days after notice to the Owner thereof,then the Moritoiirg Agent niay send
notifficacion to the Municipalitythat the ONviner is in violation of the tertzis and conditions hereof. Thne
Mtuilcipal ty-rnayexcrc'sc anyrcniedy ay.u'lable to it. `The Owner will pay all Costa and expenses,including legal
fees, incurred by the'lMonitoring Agent in enforcing this Agreerricnt and the Owner hereby-agrees that the
Municipality and the Monitoillig Agent ii1l have a lien on the Project to secure payment of such costs and
expenses. 'Ilie Aloni Lon rig Agent may perfect such a lien on the Project byrei--ordirrg a certificate scttung forth
tine amount of the costs and expense due and owing in the Registry of Deeds or the Regisuyof the District Land
Quirt for Bar7Lstable County. A.purchaser of tyre Project or any-portion thereof will be liable for the payinent of.
any unpaid costs and expenses ghat were three subject of a per-ected lien prior to the purchaser's acquisition of the
Project or portion thereof:
'VI. 1\CORI"GAGEE CONSENT:
'I1te O«zier represcints and warrants [fiat it Etas obtained the Consent of all eaistung rnort`Yagees of the°Project to
the execution and recordia of thins A,;rcernent trod to the terms and conditions hereof and that all such
moiz:yagees have executed consent to this Agreement.
IN VdTI\tIiSS VVELLREOF,we hereunto sett our hands and seals this
CL6 day cif ��Vti �,R�2011..
V
OWNER
BY:
Si manure /
Printed: Cis i D< i'A if 0
C)C)MMC)Nt \VEr1I,TI-I OF MA.SSACHUSETFS
C�>iuit.yof Ba.tnstablc;ss:On _
this ?(,'"day of2011. before me,the undersigned notary public;personally appeared
the O ner(s),proved to Tine through sltisfactoryevidence
of identification,which were ,4M A {6,1 Ar;Y I rl C ,A_ ,to be the persons) whose
nanie(s) is,sigrieci orl the picceding or-attached document and acknowledged to be that he/she signed it
voluntarily for the staged purposes.
i-j1iA k(
I\T6,Lary l:'ubli� _ -
Printed:
I�.C�tJJ;�Lk INIy Conunission rV -7 6 Lrpires: �P.b;2>tr r 7.O I r✓
4
CINDY L. DABK01�SK1
Notary Public
r COMfWOIdWEAlTHOF�9ASSACHUSETTS
My Commisslon Expdres
February 29, 20tb
_ v.
TOWN OF BARNSTABLE
BY:
TOWN t MANAGER
CONIMOt�VEALTH OF NLASSAC[IUSETI'S
County of I3arrlstable,ss:
On this ')(la}' 2011 before me,the undersigned notary public,personally appeared
C., .1,- ,•,,7.,,the ToRn Manager for the'I'oNNn of Bamstable,proved to me clirougli sat:isfactory
eviderice of identification, which Nvere. L. , ,to be the person whose name is signed on
the preceding or attached document anR acknowledgM to be that he/she signed it:voluntarily for th.e stated
purposes.
Notary Publ is
PIiIlted: _ �, /�1/. t'.s<< �f MyCommissior7 Expires:%r l ,:2(
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SMOKE DE`f CTORS REVIEWED
CARBON MONOXIDE ALARMS
BARASTABLE BUILDING DEPT. DATE
X N��1Vci� MUST BE INSTALLED PER
UwyI-' M MASSACHUSETTS BUILDING CODE
FIRE DEPARTMENT DATE
T4 SIGNATURES ARE REQUIRED FOR PERMITTING
IMPORTANT - UPGRADE REQUIRED .
DING
TATE BUILDING CODE
FOR THERES THE ENTIRE DWELL NG WHEN OF
MOKE DETECTORS ADDED OR
NE OR MORE SLEEPING AREAS ARE E ATQU RED FOR THE
�,
OTE: A SEPARATE
PERMIT IS R
o� NSTALLATION OF SMOKE DETECTORS-THE ELECTRICAL
PERMIT DOES T SATISFY THIS REQUIREMENT.
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Barnstable
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The Town of ` a nst a l
Growth Manageanent Dep..rtmelrit
www.town.barnstable.ma,us/growt management 2007
Jo Anne Miller Buntich
Director
In accordance.with the attached request of"Adiles'Demello of 50:Pine Grove
r Avenue„Hyannis,dated December 8 2011 regardrig.Comprehensive Permit.No._
fa;.y
10-2-9 Demello;and upon the decision of the Zoning Board of Appeals Hearing
Officer,given at the public'hearing on December 14, 201`l,a six month extension
{ of this appeal is granted.
2
N '}e original decision:on Appeal N!6.1610-29 Demello,A.was certif ed by the
Rmstable Town Clerk on January Ms, D'emello cannot complete>the
- qgrinesty process in the'fequired timeframe.Therefore,the extension is necessary
in order that M-s. Demello.may complete tlle-rehabilitation work and apply for,an;;
occupancy certificate for the accessory unitso that it may be rented to an income
eligible tenant:
Said Comprehensive Permit No .2010-29 is hereby extended until
i July 12,2012.
a
Signed,
Laura F. Shufelt
Hearing.Officer'
Zoning Board of Appeals:
Dated: )a 1 4- l
200 Main Street, Hyannis,1VIA 02601 (o) 508-862-4786(f) 508-862-4784
367 Main Street, Hyannis,MA 02661 (o) 508-862'-4678 (f) 508-862-4782
i
YOU WISH TO OPEN A BUSINESS?
3+
For Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you
must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis.
Take the completed form to the Town Clerk's Office, 1 st FI., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is
required by law.
DATE: Fill in please:
M- nommomI APPLICANT'S YOUR NAME/S: 1 e PZ110
U I ESS YOUR HOME ADDRESS: 1 n . , ) u-e .
3
TELEPHONE # Home Tel phone Number 50
r ee'a�trti��'�I 'wd't --
NAME OF CORPORATION:
NAME OF NEW BUSINESS--- a i v7 i n TYPE OF BUSINESS -o i
IS THIS A HOME OCCUPATION?, ill--" YES NO
ADDRESS OF BUSINESS 50 Yn h e (,-. Tr)ve Ave, MAP/PARCEL NUMBER (Assessing)
2 07
When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth
Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town.
1. BUILDING COMM7a4tt1w-/eij
ER'S OFFICE
This individualinformdlof er it requirements that pertain to this type of busine".UST COMPLY WITH HOME OCCUPATION
;
�Autlbrize t r< RULES AND REGULATIONS. FAILURE TO
oMMENTs: ---��� COMPLY MAY AESULT IN FINES.
r-\ - 1
2. BOARD OF H LTH
This individual has been informed of the permit requirements that pertain to this type of business.
Authorized Signature**
COMMENTS:
3. CONSUMER AFFAIRS (LICENSING AUTHORITY)
This individual has been informed of the licensing requirements that pertain to this type of business.
Authorized Signature**
COMMENTS:
t own of _uarnstable
__ oFtHE r Regulatory Services
Richard V. Scali;Director
B,R,,, Building Division
9Q� 1 . 10� Tom Perry,Building Commissioner
"rEo Mn�" 200 Main Street,Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Approved:
Fee:
Permit#: .
HOME OCCUPATION REGISTRATION
Date:
Name: Ad I I P S Q P 0& Phone M (90O) oZ go J 6- 1
Address_ 1\'1£ Y OYe A 1/-r— Village: 141 -)v)Y1 I
Name of Business: a P 5 �, 1 1. �6) 1�4vvc
Type of Business:yp �l PQ 51 cu e h 1 a I Y a I Yt ap/Lot
INTFITT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation•
within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity
shall not be discernible from outside the dwelling. there shall be no increase in noise or odor,no visual.alteration to the
premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;
and no increase in air or groundwater pollution.
After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the
following conditions:
• The activity is carried on by the permanent resident of a single family residential dwelling unit,located within
that dwelling unit.
• Such use occupies no more than 400 square feet of space.
• There are no external alterations to the dwelling which are not customary in residential buildings,and there is
no outside evidence of such use. ^
• No traffic will be generated in excess of normal residential volumes.
• The use does not involve the production of offensive noise,vibration,smoke,dust or other particular matter,
odors,electrical disturbance,heat,glare,humidity or other objectionable effects.
r There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of
normal household quantities.
• Any need for parking generated by such'use shall be met on the same lot containing the Customary Home
Occupation,and not within the required front yard.
• There is no exterior storage or display of materials or equipment.
• There are no commercial vehicles related to the Customary Home Occupation,other than one van dr one
pickup truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to
_ exceed 4 tines,parked on the same lofcontaining the Customary Home Occupation.
• No sign shall be displayed indicating the Customary Home Occupation.
• If the Customary Home Occupation is listed or advertised as a business,the street address shall not be
included.
• No person shall be employed in the Customary Home Occupation who is not a permanent resident of the
dwelling unit.
I,the undersigned,have read and agree with the above restrictions for my home occupation I am registering.
Applicant: - Date:
Homeoc.doc Rev. 031. k (A &13
{
The Town of Barnstable
Growth.Management'Department
+367 Main Street,Hyannis,MA 02601
Office: 508-862-4678 Fax�508-8624782
* aniwsrnBM * i
MASS.
9 i639.
�prFG MPS A
i
Transmittal Memorandum
Date: May 14,-2013 4
To: Zoning Board of.Appeals Members. i
Laura F. Shufelt,Hearing Officer,William H.Newton,Craig G. Larson,Alex M.Rodolakis,.Br an Florence,
George T. Zevitas;
z I`
From: Cindy L. Dabkow i,Program Coordi'natory
Reference: Transmittal of Accessory Affordable Apartment Program Comprehensive Permit decisions
_ rendered May 8,20:13'
s
On behalf of the Hearing Officer,.I am transmitting to you copies ofahe comprehensive permit decision
rendered on May8,2013,pursuant to'the Town.'s Accessory Affordable Housing Program and MGL
Chapter 40B.
S 9
This transmittal is being main accordance with Section 24`1-47.5.E of the;Administrative Code'of.the.
Town for your review. In accordance with that section,theg'e.decisions will become effective 14 days:from
May.22,2013,unless a member discovers that the decision'is erroneous as a.matter,oflaw and the Board
determines that the permit should be reversed. i
Any concerns or comments you may have should be directed to my""attention directly at 508-862=47.43.
Attachments:
Appeal No.2012A69 Brown Chapter 40B Comprehensive"Permit
Mitchell B.and Kera M.Brown have applied to the Zoning Boardof Apleals for a Comprehensive Permit pursuant to MGL Chapter'
40B and in accordance with Section 9-IS of the Code of the Towngof Barnstable,the`Accessory Affordable Apartment Program."
Theapplicants:are seeking to utilize a one bedroom.apartment located within the:detachcd"garage located to the left,rear side of the
home as an Accessory Affordable Apartment. The property is addressed 38 Craigville Beach Road Hyannis,MA and is-shown on
Assessor's Map 267,as Parcel"120. It is in RB-Zoning'District. ;
Appeal No.2012-068 Johnson j Chapter 40B Comprehensive Permit
Peter and Jane Johnson have applied to the Zoning Board of Appeals for a'Comprehensive Permit pursuant to MGL Chapter 40B and
in accordancewith Section 9-15 of the Code of the Town!of Barnstable,the"Accessory Affordable Apartment Program"The
applicants are seeking to utilize.a studio:apartment located within the attached garage.located to the left,side of thehome as an
Accessory Affordable Apartment. The property is addressed 7 Penelope Lane.Cotuit,MA and is,shown on Assessor's Map:039,;as
Parcel 044..It is in RI`-Zoning District.. s
Comprehensive Permit No.2010-29 DeMeilo issued:January12,12011 to,Adiles DeMeilo for 50 Pine.Grove.AvenueHyannis,:MA
02601. The property is shown on Assessor's Map 290 as parcel 078-0d It is in RB Zoning District.
Comprehensive Permit No.2012-018 Thomas issued January 39 20134to Howard,A.and Nancy-J.Thomas for 248:Pine Street
Centerville,MA 02632. The property is shown,on Assessor's Map 228 as parce1040. It!is"inRD-1 Zoning.District
Copy:
Elizabeth Jenkins Principal Planner `
Carol Puckett,Administrative Asst {
E
BMNSfABi.$ ,
MABB. p
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Town of Barnstable
Zoning Board of Appeals
Comprehensive Permit Decision and Notice
i F
Appeal 2010=29—:DeMello
Decision- Chapter 40BIConprehensive Permit
f
Summary: Comprehensive Permit No. 2010=29 DeMello is rescinded
Date: May 8,2013 '
Applicant: Adiles DeMello
Property Address: 50 Pine Grove Avenue Hyannis,;MA
Assessor's Map/Parcel: Map 290,Parcel 078-001
Zoning: Residential B Zoning District
Recording Information i
Deed Reference Book 21460 Page 68
Permit Reference: Book 25221 Page 71 w
Regulatory Agreement: Book 2522`1 Page 76#
Background:
Comprehensive Permit No. 2010-29 was.issued January 12, 2011 to Adiles DeMello. The
permit was issued under the Accessory Affordable Apartment Program pursuant to Chapter 9,.
Article II of the Code of the Town of Barnstable' The permit was issuedto create a one bedroom
apartment located within the lower.(basement) level of the home. The permit and;the Regulatory
Agreement and Declaration of Restrictive Covenants were recorded at the Barnstable County
Registry of Deeds on January 28,2011 Permit reference: Book 25221 Page 71,.Regulatory
Agreement: reference 25221 Page 76.
On January 9, 2013 Adiles DeMello sent correspondence via email.requesting-to;discontinue-her
participation in the Accessory Affordable Apartment.Program. .. On April 9,,20.13 the program
coordinator sent written correspondence to Adiles DeMello explaining the Accessory Affordable
Apartment Program rescind process and;requested the submission offees and.postage associated
with holding a public hearing. The program Coordinator took steps<to hold a show cause public:
hearing.
Procedural Summary
A public.hearing for comprehensive;permit no. 2010-29 was duly advertised in the Barnstable
Patriot on April 12,2013 and.April 19,2013, and notices were sent to all abutters.in accordance_
with MGL Chapter 40B.
On May 8, 2013 Hearing Officer Laura F. Shufelt opened the public hearing. The applicant,
Adiles DeMello, was not present at the hearing. ,Cindy Dabkowski,Program Coordinator was
present. Ms. Shufelt reviewed-the file and ruled to rescind comprehensive permit No. 2010-29.
N
• Town of Barnstable,Zoning Board of Appeals
Decision and Notice,Comprehensive Permit No:2010-29 DeMello f'
Findings of Fact.on the Comprehensive Permit-..
At the hearing on May 8, 2013 the Hearing Officer made the following findings of fact:
• On January 9,2013 Adiles DeMello sent correspondence via email requesting to
discontinue her participation in the Accessory�Affordable Apartment Program.
• On April 9, 2013 the program coordinator sent written correspondence to Adiles DeMello
explaining the Accessory Affordable Apartment Program rescind process and requested.
the submission of fees and postage associated;with holding a public hearing..
• At the hearing on May 8,2013, the Hearing Officer determined`that the comprehensive
permit issuedto Adiles DeMello for the property located at SO Pine Grove Avenue
Hyannis, MA is rescinded.
• Said property shall revert to the use:currently permitted under zoning.
• Adiles DeMello shall apply for all-building Per,mits_necess�'Y to comply with.zonin
g.
Finding Summary:
Based upon the findings,the Hearing Officer ruled toxescind Comprehensive Permit:No. 2010
29 DeMello
Comprehensive Permit 2010-29 has been rescinded A written copy of this:decision shall'be
forwarded to the Zoning Board of Appeal as required lbythe Town of Barnstable Administrative
Code Part II, Section 4.02 and Part III, Section 3072. If after fourteen(14);days from that
transmittal the Members of the Zoning Board of Appeals takes no action to.reverse the decision,
this decision shall become.final and a copy shall be the filed in the office of the Town Clerk.
Appeals of the final decision; if any, shall be made to the Barnstable Superior Court pursuant
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.
LauraF. Shufelt, Hearing Officer Date Signed
f
I Linda Hutchenrider, Clerk of.the Town of Barnstable,Barnstable County,..Massachusetts
hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this
decision and that no appeal of the decision has been filed in the office of the Town Clerk.
1
Signed and sealed this day of i under the pains and penalties of
perjury.
Linda Hutchenrider,Town Clerk
{
2
IL
Message Page 1 of 1
Anderson, Robin
To: Dabkowski, Cindy
Subject: 50 Pine Grove, Hyannis
Cindy,
It has come to my attention that Adiles DeMello has done work to create her Amnesty unit but has done
so without the benefit of building permit. Can you please contact her again and have her submit a
building permit application in order that we may officially install her in our Amnesty files?
Thank you!
Rp6in
Robin C. Anderson
Zoning Enforcement Officer
Town of BarnstabCe
200 Main Street
Hyannis, NA 026oi
5o8-862-4027
2/24/2011
Barnstable
f ZHE T°�
The Town of Barnstable
B" ASS M Growth Management Department All-AmericaCRY
MASS
367 Main Street,Hyannis,MA 02601 U
Office: 508-862-4678 Jo Anne Miller Buntich
Fax: 508-862-4782 Director
2007
January 31, 2011
Adiles DeMello
50 Pine Grove Ave
Hyannis, MA 02601
RE: Building Permit Application & Final Inspection
Enclosed please find a copy of your recorded decision and deed restriction. As you
know, one of the conditions of your recently issued comprehensive permit
requires that you apply for a building permit for the accessory unit, whether the
unit is new or pre-existing.
To assist you with this process, please contact Debi Barrows in the Building
Division at (508) 862-4038 to schedule an appointment to compete the
building permit application process. ,
You will be required to provide five copies of a clear floor plan for both the main
house and the apartment which indicates the square footage of each room as well
as the total square footage of both dwellings. Smoke and carbon monoxide
detectors must also be clearly labeled on the plans.
A Building Division inspector will then conduct the final inspection of your
accessory unit. After the unit passes inspection a certificate of occupancy will be
issued by the Building Commissioner and mailed to you. Once you have received
your certificate of occupancy you may select a tenant for your accessory
affordable unit.
Please feel free to contact me at'862-4743 with any questions or concerns.
Regards,
Cindy Dabkowski
Accessory Affordable Apartment Coordinator
-----------------------
l�
Town of Barnstable
CF THE 7,
�P� tio Regulatory Services
v� �xxszns Thomas F.Geiler,Director
2639. �e� Building Division ' ` U 8't.� SABLE
9i nr•;
TEn►�'�° Tom Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601 2006 NOV 30 P l 3: 26
www.town.barnstable.ma.us
Office: 508-862-4038 `
PERMIT# 7Q FEE: $ 4
SHED REGISTRATION `\
120 square feet or less
50 Pi vi v ve. a 1
Location of shed(address) Xlillage
Property owner's name Telephone number
Size— of Shed Map/Parcel#
0b 11 � r� - Oti
ignature Date
Hyannis Main Street Waterfront Historic District?
Old King's Highway Historic District Commission jurisdiction?
Conservation Commission(signature is required)
Sign_off.hours.for_Conservationc8:00=9:30&3:30-4:30_.,...,
PLEASE NOTE: IF YOU ARE WITHIN THE JURISDICTION OF ANY OF THE ABOVE
COMMISSIONS,THERE MAY BE A REVIEW PROCESS AND APPLICATION FEE.
PLEASE SEE THE APPROPRIATE COMMISSION FOR DETAILS.
THIS FORM MUST BE ACCOMPANIED BY A
PLOT PLAN
Q-forms-shedreg
REV:042506
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P NST!A,B E CONSER��ATiON
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YOU WISH TO!OPEN A BUSINESS'? :a
For Your Information: Business certificates cost 3 J
( -0^ f ^ ' -'. A business certificate ONLY REGISTERS YOUR NAME in town [which
you m'ust`do by M G.L. it does not give you permissibxi to operate:] Business Certificates are available at;the Town Clerk's Office, 1�`FL., 367
Main Street, Hyannis; MA'.02601' (Town Hall).
DATE:
se _ Fill in please: �
NAME—Ad APPLICANT'S YOUR I P �. n M e:lJ y
�. BUSINESS i YOUR HOME'ADDRESS: ,gyp Vi 6v o,�a Ave .
TELEPHONE # 'Home Telephone Number_fSOS 13.6 p::- a
NAME OF NEW BUSINESS a ;, e TYPE OF BUSINESS e � ` Y1
IS THIS A HOME OCCUPATION? YES ` NO
ou bee i v
NO
ADDRESS OF BUSINESS 50 Pi Y),e G -Poy-e i Ave MAP/PARCEL NUMBER
gjqQ
When starting a new business there are several things you must do in order to be in compliance,with.the ru
les and regulations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200.Main St. - corner of Yar out Rd. & Main Street). to make sure you have the a p ,p [ h
y ppro riate�permits and licenses;requmed to legally operate your business in this town.
1. BUILDING CO SSI ER'S OFFI E '
This individ al h s en-fine f any permit requ?'aments that pertain to this'type;of business.
p
Authorize nature*'* i
C MEN , k-N s i
0
2. BOARD OF HEALT
This individual has been informed of the permit requirements that pertain'to this type of business. k..
s
s Authorized Signature*
COMMENTS: t
3. CONSUMER AFFAIRS (LICENSING AUTHORITY)
This individual has been informed of the licensing requir
ements that pertain'; this type of business.
Authorized Signature*
COMMENTS: �' �R� ; ",°;
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I
Town of Barnstable
�oft►,E,o,�� Regulatory Services y
P Thomas F.Geiler,Director ?
Building DivisionBARN
p�
v brass. Tom Perry,Building Commissioner
1639. �@
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 x: 508-790-6230
Approved: (�
Fee: '
Permit#:
HOME OCCUPATION REGISTRATION
Date: " 0 -
Name: A U'1 J P -S 1 1/P M e l( o Phone#:__(�O �5� L o2 J 3
Address: 50 V► Yl e C7 v 0 L'(�- — V C`' Village:
Name of Business: �i �_U a V a ,\ E' W e yT
Type of Business:D v) I►Yl e Map/Lot:__ o[� n /0 0 I
IN'nNT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation
within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity
shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the
premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;
and no increase in air or groundwater pollution.
After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the
following conditions:
• The activity is carried on by the permanent resident of a single family residential dwelling unit,located within
that dwelling unit.
• -Such use occupies no-more-th-an 400-square feet of space.
• There are no external alterations to the dwelling which are not customary in residential buildings,and there is
no outside evidence of such use.
• No tragic will be generatedin excess of normal residential volumes.
• The use does not involve the production of offensive noise,vibration, smoke,dust or other particular matter,
odors,electrical disturbance,heat,glare,humidity or other objectionable effects.
• There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of
normal household quantities.
• Any need for parking generated by.such use shall be met on the same lot containing the Customary Home
Occupation,and not within the required front yard.
• There is no exterior storage or display of materials or equipment.
• There is no commercial vehicles related to the Customary Home Occupation,other than one van or one
pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to
exceed 4 tires,parked on the same lot containing the Customary Home Occupation.
• No sign shall be displayed indicating the Customary Home Occupation.
• -If the Customary Home Occupation is listed or advertised as a business,the street address shall not be
included.
• No person shall be employed in the Customary Home Occupation who is not a permanent resident of the
dwelling unit.
1,the undersigned,have read and agree with the above restrictions for my home occupation I am registering.
Applicant: Date: 1 I-0 -
Homeoc.doc Rev.5130103
� 4
TOWN OF BARNSTABLE
e Permit No. —.2898.4.__.....
Building Inspector Cash
OCCUPANCY PERMIT Bond �_.X_
Issued to D & M Realty Trust Address
Lot #1 50 Pine Grove Avenue, Hyanni
Wiring Inspector
mspectlon date
Plumbing Inspector Inspection date
Gas Inspector Inspection date:.
Engineering Department Inspection date
Board of Health In�pectlan date
THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL
SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE :WITH TOWN
REQUIREMENTS AND IN ACCORDANCE WITIi SECTION 119.0 OF THE MASSACIIUSETTS STATE
BUILDING CODE.
19fL`?— l�
Building nspector
�'�y��•'. TOWN OF BARNSTABLE
BUILDING DEPARTMENT
= BA%1 Tua: TOWN OFFICE BUILDING
r
tg t6J9' . HYANNIS, MASS. 02601
MEMO TO: Town Clerk
FROM: Building Department
DATE:
An Occupancy Permit has been issued for the building authorized by
�
BuildingPermit $k......... ...: ../ct-.. _ ............................... ................................................. ... ..._�......_ _ �__
issued to �.. .......C ' �......Y
•y
• �—
Please release the performance bond.
r f r I»
(- PINK - DEPT. FILE COPY/ WHITE- FIELD COPY/ YELLOW- APPLICANT COPY ° o
BUILDING <0.
n
TOWN OF BARNSTABLE, MASSACHUSETTS PERMIT
VALIDATION
A=290-078-001
0
DATE 19 PERMIT NO. -
APPLICANT 1% C: �': i,::.u.rV -i.ril.s9t ADDRESS }. - j GeP..Lei:"V-.l.i : ----- _
(NO.) (STREET) 17C0NT R'S L. 5 C,
iP_iIL, _-we11 r"' 1 c
PERMIT TO �= f_I STORYi�V �'v?�l�i='_ NUMBER OF
DWELLING UNITS
(TYPE OF IMPROVEMENT) NO. (PROPOSED USE)
AT (LOCATION) Lot 711 s O(.) PintC Grove 11VF nue 'Ayanrnil J. ZONING
(NO.) (STREET) DISTRICT [
BETWEEN AND
(CROSS STREET) (CROSS STREET)
LOT
SUBDIVISION LOT BLOCK SIZE
BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
I TYPE)
REMARKS: GOIlI1[Cf- r0 ovm ;_v-ar:
i
i
t AREA OR rc -
!!! VOLUME ! 231 ;r,. f r ESTIMATED COST ').(jO(;},(�{) PER
(CUBIC/SQUARE FEET)
i OWNER _ ti trust
ADDRESS 14'i ;,.:.rk r Yt'�y } �I BUILDING DEPT.
u :,C-.. t GeI?42i"ZF11.L i'_ BY
t
PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY, NOT SPECIFICALLY PERMITTED UNDER THE/BUILDING CODE,UST BE AP-PROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED
FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS
OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB
.AND THIS WHERE APPLICABLE SEPARATE
INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FORELECTRICAL, PLUMBING AND
I. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS.
2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL
MEMBERS(READY TO
3. FINAL INSPECTION BEEFORFOREE FINAL INSPECTION HAS BEEN MADE.
OCCUPANCY.
POST THIS CARD SO IT IS VISIBLE FROM STREET
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
1 1 1
2 2
2 t�~ v�
9 HEATING INSPECTING APPROVALS REFRIGERATION INSPECTION APPROVALS
- OTHER z z rBOARD OF HEALTH
` WORK SnA.LL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION iNSPECTIONS INDICATED ON THIS CARE,
'NSPECTOR HAS APPROVED THE VARIOUS WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE CAN BE ARRANGED FOR BY TELEPHONE
STAGES OF CONSTRUCTION.
PERMIT IS ISSUED AS NOTED ABOVE. OR WRITTEN NOTIFICATION.
90ffAssessor's map and, lot number .................... .
- Bpi THE TOE
Sewage Permit number�n.r...�.��lrt.I'�P.-�....��!!�I.".�
.... .• SARBSTABLE,
House number .�.o..... P. .L"................................:. rna
i
�
O t639. \00
0 MAI a•
•
TOWN OF BARNSTABLE
BUILDING '. INSPECTOR'
APPLICATION FOR PERMIT TO ...j�f .vgl......... .....ran C� � S7dR
S p l
TYPE OF CONSTRUCTION -�.�'1��f.`� �.. U�1®DdC F�'pth ITO.vS. .............
.............F..C
d..._5...................19.A.
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information:
Location ..........Z-a ......j......Fin ... r.O.?!�... t1e .......... yl�bYd.N�.�a .4..............................................................
ProposedUse •�/I.?y�' F j1.(.fj......�u!'Ps�.l.13.......................................................................................................
p J � /
Zoning District A.8.................................................Fire District .........h�/WA .
Name of Owner ........W /..:.1... JPJ ..././.. •Vr- f....e�.............Address ......... ...../,fir V .... Gr(/lll�a. 'lg
t
r�ly ?Qf�U �dS l ..............Address .........�..d..!�......!..'.?r„f`' A,:�r �.c+i t'al Vlll`e„�Name of Builder .... .. .. ... ..... . . .J.... . ...... .. .... ..........
Nameof Architect .........................,..........................................Address ................f....../.................�................................................
Number of Rooms ................� 'Y.Z% ................................Foundation .........l.:T... ..!:'�:......�aV{�t(� COdIC���
Exterior ....r . bolt 19e.CACk.4?nJ. oofing ...........!15.P�1A��...S(!rYt .��4�`..................................
Floors ............. ..........................Interior .............i.1V_..4k4J...'4!'� frw.........................
t.
Heating or ,0. fir" ...............Plumbin 447.:.. .. ..� r :..i...
Fireplace
p ................. .0.........................................................Approximate. Cost .......... ........ ..............`..•
.....................
Definitive Plan Approved by Planning Board _____RJ ___19________, Area .... - :.::.................
Diagram of Lot and Building with Dimensions Fee -��.�v
.. ......................
A4
SUBJECT TO APPROVAL OF BOARD OF HEALTH . .��,,0
ou 2—
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 ........... G!?'u. .....omzg........................
Construction Supervisor's License ......60ll1. ..........
D & M REALTY TRUST
28984
4C One Story
No ................. Permit for ....................................
Single Family Dwelling
...............................................................................
ti
Location
Lot #1, 50 Pine Grove Avenue
' ................................................................
Hyannis
...............................................................................
Owner. .........D..&...M..Realty. . ...Trust. . .................... .. .. .... . ...... . ......(
Frame
Type of Construction ..........................................
................................................................................
Plot . Lot ......................................................
Permit -Granted .........Ma.r.ch...3.........;.......19 86
Date of Inspection ....................................1.9
Date Completed ..! .......... .1(
y j
._r Assessor's map and lot number .�...�.. ...... -f 4y.......... ..
TNE
Q�of
Sewage Permit number .....!... !'at�`PS ;,>F, ?nr(,;:�^.?2 r�fly�jr� a�/r''tct.+.,- � d`� ♦�
Z B9Hb9TADLE, i
House number #..:�. .......)AX. 1.................................... 90�i0 163 0�
r TOWN OF BARNSTABLE
BUILDING INSPECTOR
t � 1_
APPLICATION FOR PERMIT TO ........cqr) I,I (�C �J ber f�0ih.............................................................aA
TYPE OF CONSTRUCTION �h..C:r .....1'!?tjncQad.P t ®c) (h�:.......YAV45�:..............
.......................
... ............. h..: ...................�9.. .
, L
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information:
LocationO� �.......!..l �' �J�2��....w<'...........!.!. ...n;n.............. ....., ...............................................................
Proposed Use ........... �f i�?Q j :... %�1?i.!�! ....YJW �l(11 tA ......................................................................................................
ZoningDistrict ............. .!M/..................................................Fire District ..............................................................................
6K )fi Tf��
Nameof Owner .......................................U...........:....................Address .........;.................
Name of Builder ..../_)A./.✓.� �2a.��.....!.I-.Ff..............Address PTO /flJ' l/, ......`'` �)tcir 1,
'"mow ........... .............. ........... ............ .........
Nameof Architect ..................................................................Address ......................,,....\...........................................................
Number of Rooms ................ �� ................................Foundation Y; X PdU!'nf7t C4/1Cd��
............ ...............................
Exterior ....C' .. !=1.¢.�r...C.:�a. hA�r .....��i .t. 1 ►1�t' ..Roofing ........... !?li� ...S1 t1 �t:s..............................
Floors ............(fw;AP . .....Sh,P; d&90 !...........................Interior .............Vilr._......Gl`f....5?r.. .STr........................
Heating .. ........ �:.TL/tr ...............................Plumbing
Fireplace ..................................................................................Approximate. Cost ..................�., . ...
5 r'1
.....................
Definitive Plan Approved by Planning Board _____Rh?17�?_---19________ . Area : 3� .......................
Diagram of Lot and Building with Dimensions Fee ......, s.:. ..................
SUBJECT TO APPROVAL OF BOARD OF HEALTH
r"
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.
la n ss
Name ......... �. ..�..........A;;9:.......................
Construction Supervisor's License ......tfQ. T.y!:...........
f�
D & M REALTY TRUST A=290-078-001
P�
'No ...28984... Permit for ..,,One Stony.,_.._ .....
Single„FamilY...Dwellin$.
Location Lot ��1 50 Pine ov Avenue
�........................ .........
....................Aygna s...........................................
Owner .......D..& M....Rea1tx. Trust.................
Type of Construction ......F.came.........................
Plot ............................ Lot ................................
Permit Granted ......... ...
March 3,. 19 86
........... ..
Date of Inspection ....................................19
Date Completed 19
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YOU WISH TO OPEN A BUSINESS? „
For Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which your
must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis.
Take the completed form to the Town Clerk's Office, 1 st FI., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is
required by law.
DATE: - 2 Fill in please:
r_ APPLICANT'S YOUR NAME S t
ffij BUSINESS YOUR HOME ADDRESS: Y1 11P- 4V 0 A 3 Od 6,O
Ulm TELEPHONE # Home Telephone Number ( �
NAME OF CORPORATION:
NAME OF NEW BUSINESS I S l Y el TYPE OF BUSINESS Y
IS THIS A HOME OCCUPATION? YES NO
ADDRESS OF BUSINESS v MAP/PARCEL NUMBER,)- 00 I (Assessing)
When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth
Rd. &Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town.
1. BUILDING COMMISSIONER'S OFFICE
This individual has been informed of any permit requirements that pertain to this type of business.
Authorized Signature*
COMMENTS:
2. BOARD OF HEALTH
This individual has been informed of the permit requirements that pertain to this type of business.
Authorized Signature*
COMMENTS:
3. CONSUMER AFFAIRS(LICENSING AUTHORITY)
This individual has been informed of the licensing requirements that pertain to this type of business.
Authorized Signature**
COMMENTS:
001.1pg 9/26/16,8:31 AM
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THE COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF EARLY EDUCATION AND CARE Charlie Baker,Governor
Regular License to Provide Family Child Care Services-:
Program Number:7028781 License Number:9021601
In accordance with the provisions of Chapter ISO of the General laws,and regulations established by the Department
of Early Education and Care,a license Is hereby granted to:
Program Name: DeMello,Adiles F.
Address: 50 Pine Grove Avenue,Hyannis,MA 02601-2525
Total Capacity: 10
Floors/Rooms: BASEMENT LEVEL: KITCHEN,PLAYROOM.
Condition:
Issue date: 5/22/2015
Expiration date: 5/21/2018
Licence printed on 5/5/2015a�
Licensor:5F001
Thomas L Weber,Commissioner
Please Post Conspicuously This License is Not Transferable
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