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Home My WebLink About1586 HYANNIS ROAD - Amnesty f eZA 6'Y•'�"t f'TM^+i az tti '�t p V f s14 :. .��:. x1. '�. r(b.-i� ,!.� fir ,. :. ,.. �;;.,. .� .:�s.- r ..:'tj.}'a+ .yx �:° �,.P;...;�''l�y4lr.'�l.kr..=_.�. .:L l,�'ar'xl,^.y%9X..A. ! .:�:�•,err _ t /, r ,,.�.. n,,...r,..:_ .k,,. +� ul�; f�4 ��S w•s. ��R" !��.� r`�11�� I�T��a�"Y• � °�,�.�•.Y�� . u 'ri � �'!1 • '!, J l�l�F� s,.c , v� .`: Ni-0'-rt�4t4 t'1'��.� ,•`�" t i�•��'. '� � !`•"'� 7.uy thye 'ref,#irk �i rl (tip me la i , � 1 i v , ! I! 0 s ba 6 .-::._. � ...�.,�:: ..� �:.�...:.�..n..«, s rem—...---®-:.-..._.�.:.i...R..........'—R...��.�,.w. ,r u:...•.w-; '� Town of Barnstable Building Department Services Brian Florence, CBO *..BARN5TABLE, BAMSTABLE c Building Commissioner mass QA t639.. ..AO 1639-2014 rFp Maya 200 Main Street, Hyannis, MA 02601 575 www.town.barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 5/8/2020 Stephen Duff Construction LLC 1586 Hyannis Road Barnstable, MA 02630 Re: Check number 1070 Dear Mr. Duff, Enclosed please find check number 1070 in amount of$88.00, dated April 16, 2020 for gas piping. On March 30, 2020 a Gas permit was pulled for 212 Holly Point Road, Centerville, I've enclosed this permit for your review if you wish to do gas piping another permit is required you cannot add to this permit G-20-501. And you need to be a licensed plumber to pull Gas permits. If you have any questions please do not hesitate to contact me at (508) 862-4039 Regards, Brenda Coyle Permit Tech. F , �oFAHE.Tpy Town of Barnstable BAJ WST Building Department �0�q 200 Main Street IEaM ' Tel. (508)862-4038 GAS PERMIT Date: 4/23/2020 Fee: $88.00 Construction Cost: 0.00 Permit No: G-20-501 Building Location: 212 HOLLY POINT ROAD, CENTERVILLE Applicant Name: MARTIN A QUAYAT Type of Occupancy: Residential Type of Work: Gas KLENTAK, GEORGE T&JOSEE T 212 HOLLY POINT ROAD CENTERVILLE MA 02632 Owner Name Address City State Zip Phone Work Description: 1 booster, 1 cook stove, 1 dryer, 1 generator s1 niater.heater Contractor Company Address City State Zip Phone Lic.Type Lic.No Lic.Exp MARTIN A QUAYAT DENNIS .MA k: 02638 Journeyman 19647 5/1/2020 Plumber DENNIS MA 02638 The recipient of this permit accepts this permit on the condition that,as owner or as.agent of the owner, he/she agrees to comply with all Building &Zoning Ordinances of the Town of Barnstable&the State Statutes of the State of Massachusetts regarding the use, occupancy&type of building to be constructed, added to, or altered. Additional conditions listed Wow:`N r All permits approved are subject to inspections performed by,a representative ofthis office. Requests for inspections must be made at least 48 hours in advance. G 4/23/2020 Official Signature Date P: S v "F Call 50.8 .862-4D38.F`or Ins ectlo n , i Town of Barnstable Permit No: G-20-501 "1KA8.4. A Building Department Mp � 200 Main Street Tel. (508) 8624038 APPLICATION FOR GAS PERMIT Permit No: G-20-501 Date Received: 3/30/2020 Job Location: 212 HOLLY POINT ROAD, CENTERVILLE Occupany Type: Residential Home Owner's Name: KLENTAK, GEORGE T &JOSEE T Phone: Home Owner's Address: 212 HOLLY POINT ROAD, CENTERVILLE, MA 02632 Contractor's Name: MARTIN A QUAYAT Phone: Contractor's Address: E-Mail maquayat@yahoo.com DENNIS, MA 02638 State Lic. No: 19647 License Type: Journeyman Plumber Location Fixtures Number 1 st Cook Stove 1 Basement Booster 1 Basement Dryer 1 Basement Generator 1 Basement Water Heater all Types 1 Work Description: 1 booster, 1 cook stove, 1 dryer, 1 generator, 1 water heater I have a current liabili insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. Yes If yes, Insurance Type: Liability Insurance Policy ff the licensee does not have insurance, then the Owners Waiver must be signed, and attached to this Permit Application. 1 hearby certify that all of the details and information I have submitted or entered regarding this application are true and accurate to the best of my knowlege and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all Pertinent provision of hte Massachusetts Stae Plumbing Code Chapter 142 of the General Laws. Company Name: Signed: MARTIN A QUAYAT 3/30/2020 Agent Date Telephone No. 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. Estimated Construction Costs/Permit Fees Total Project Cost: $0.00 Date Paid Amount Paid Check#or CC# Pay Type Total Permit Fee: $88.00 4/21/2020 $88.00� 1072 Check Total Permit Fee Paid: $88.00 THE)py The Town of Barnstable . BARNSfABLE. 1 Department of Health Safety and Environmental Services 9 MASS b 4,p %619•>e Building Division lF0 MA'S 200 Main Street,Hyannis,MA 02601 Office: 508-8624038 Fax: 508-790-6230 . Inspection Correction Notice Type of Inspection Location Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: P M ,T 141S7a� 91 �-4 9 - � i R / "6- - s�r�T y � Al 7 S i l l c u P677b -f o u 1 . ja7 C V-1 , o - G Pz-uM C t t 1 w t 2/ 66- Z) C-14 t 0 s,P, 0 01-Y PLUM C G-AS Please call: 508-862-4038 for re-inspection. Inspected by Date ,ptNElp The Town of Barnstable '• BAR . 'I Department of Health Safety and Environmental Services 9 MASS 0p %639. Building Division plEO►JIA' � 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 . Inspection Correction Notice Type of Inspection Location Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: CP- �4 1 'r 14157- C0tl-t , -RL-D& tF H /T 1- 5 9f-.? y-X I)- 6-A2 ar1� t SrnRB�c.� arl�YJ �Tle �S �2aw l�D Ve- U M pc2 , N v 6-,4 s PC-R , Ho I l g-106- 0�5A Please call: 508-862-4038 for re-inspection. Inspected by Date 114E� The Town of Barnstable BARNSTABLE• Department of Health Safety and Environmental Services MASS g Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-8624038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection Location Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: ./ c E►L !D`E er G-.4p_ - /KSu L �� kock TAP4F -t cMPj w41- L !N 6-4i @ 57-9(k S - rvl-Ly 6:OYCASE ti S��n �ocle TAPcjCHp0 D" - !=/2e iZ P 7'e-� �1 A L `l'f=a Q M Q�T w G-�2 -t 5 T�! S PL A7-F0 k 4 JX /ff Gd¢2 , 51be © �G-2t55 D o-o R C§ g o To a-i or ST69 r2S 3 0 6'? fir[.-L w (R El PL uw9`G, S P,585TP- 770NS L I GIfT l r� 5T-AIP,w� l t S uL,4TE 57-r-12 WAV /o �j ,To f S T 13 E[,o cd Tor t-tT �se6 g !`ko w 57*IR WA Y� /4R S Re7H c o7 - a�CS To 2c�R►RED 2 AN V2 STd�125 M14X P,t. 94 Ile kAx vfikjAgf — 16Two Svcc, (S r, bovfZ5 - 6 rf ?,S-x 6 � � 67h(6;k5 �o"X 6"La Please call: 508-862-4038 for re-inspection. Inspected by Date P`ofE��y�o� The Town of Barnstable sA Department of Health Safety and Environmental Services MASS o 2639 `00 �EDlM�a Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-8624038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection Location Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: l'f- /g( S - 1 N =� w ' 'w TTl�IrZ ry a 2 RL= � u � L d M r N ( e- c c-Eif2AHcF g6Tto6-6H k4lL -f wA'-L f� s Ti-12 a)�Av MAX 77DN/oJ f 60'R+KtO ac v S T !f� vE vC�f 1146— Fig N 7� e UTS/�C� (� GLA-Z/0 ;— = MIN �'ro of FLuo2 aflZC�� % S L1106 = SAf 7N 6-4-4SS go/-r- 70 rf-o U SE !L S o(ST N-o�NG-�2 #b D ror5TS la2S r'tEED6-0 2 b a-a TOP o S 7A Ik 5 - A L L `2 X-Af 11Y 6-- w X-S C u7` Please call: 508-862-4038 for re-inspection. Inspected by Date i f P`OFVE/pk,o The Town of Barnstable . BARNSTABLE. Department of Health Safety and Environmental Services MASS 0p s639. s Building.Division plEO►AP' 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 . x Inspection Correction Notice Type of Inspection Location Permit Number Owner Builder One notice to remain on job site,one notice on file in Building Department. The following items need correcting: i QED P- = 70 , i 5T7+12zio. 0��7N2e�w� Lfl�al�� y . C L o S e r /of b d2 oa vy - e t SibG- ( '� SwioK� � rDc� .m ? 2C)DS �47 /fE��2 M s r��2 �R�) t4 14s06-Ek v NDEk R14974- LjAe_L IN tIdQLL r�p��l R C Lo C4Tt 14eOTV2 �NiSf c AIL/e�G— iN G�U�� a—r2 Please call: 508-862-4038 for re-inspection. Inspected by Date P`oF(HETp,, The Town of Barnstable BARE. = ')MASS. Department of Health Safety and Environmental Services e i679• �0 prEDMP+p Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 . Inspection Correction Notice Type of Inspection Location ( 5-�� NIJ 15 Permit Number Owner 15�` —9tv � A U �`f� Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: P x--k- M 17 14 1 s 7a tP- y r g 9 4 — 9 0-0 6- - w iR / 06- - 5,49r�` y 7 5- M - H a NE o c e U P477a N (4 0 u � /a7 GAS /D - 4- S S C re '771? 1 u-rob ro - G - 9 /9 *PP, f 0 � 5 4 PLUM C rPr wr2/ N6-. Az) 1) c- 14 01YLY cry / —g6 Please call: 508-862-4038 for re-inspection. Inspected by Date it P`0_THE 0 The Town of Barnstable BAR e.MASS. _ ) Department of Health Safety and Environmental Services T 0 i639' �0 plEs639. Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 . Inspection Correction Notice Type of Inspection Location Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: PcP- W ► -►- !-frsT ca �j-fi f' c"�H /r x y- 6-A/2 � K� �, sra2alt>� lya INSNGCTli96S r-QaW s^- 9 -o-0 — a —1 -off' P.Lv M pt-:2 , N v G-14 PER #1 o w F-/0G eD Erg Please call: 508-862-4038 for re-inspection. Inspected by Date NP`pF ME►p�0 The Town of Barnstable ' aA Department of Health Safety and Environmental Services M AC a P Y �679 `0e 16 Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection Location Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: to9 c e:►� (�FG 0r= C 6}R - (KSu L 5/- Sock) TA Pe - ( co47- cMp� W 14 L L /N 6-4 k @ . 57-0(k S - r uLc- Y P L�Ti=B P, 3 X �� g�-Tw cC-N G�42 , -t 57 QI P&-O2 go ,T70" 0/ 5-Tq(2S 1069 w (2C-1 pL11M9/& P6rtE7X4770NS LfG%F 1- l�f sr�tRw�9 0 t S uLa477E 57-14-1k WA ( ? A-rrt t C v tP(7-i t-A Tl a N Cto SotST BE[,ow 7-011-o!�7T L Cg (�kow 57-61PW/fY> 14,9 ge7H 7 - H(=a5 70 eF 2c�g►RC� 1 2 ST�IfZS - H14X 2cS� = �4 a1 /K RuO( = 4 �' �le'MAx vMeIAK Two j3 ( KIT-� becks - 9fiTff - ul/N ��X 6�6 � 07h4,!�--k5 Please call: 508-862-4038 for re-inspection. Inspected by Date P`offNElo The Town of Barnstable BARN ABLE. _ Department of Health Safety and Environmental Services MASS. 0 %639. �0 plEDru.+A Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 . Inspection Correction Notice Type of Inspection Location Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: 2 c-fl 0-t = 7 0 r�/ 14114 �ro u-� 2°I C—XPaS N �OcT 16 5774-122JA 9147746VL4, LAuVbA- y c L o S E T (t-f k�-b t2 0v vy - C X Pe S 6D S ? 2 D S A i /f-C$7z7 k (N S ( }12 S O L �y 14sN&Ek v NPEP AV11 WALL /x tIdQLL 1,-) S ` S f=o2 ENTt-f Dc-a R l-fErbDEt �6 ? R C L-o C T E 4G�07-2 po w-o pt42 s U IP IPcD 2r 2L ��14C t�gj� Please call: 508-862-4038 for re-inspection. Inspected by Date •��t ~�� The Town of Barnstable BA RSLSS.LE.a A Department of Health Safety and Environmental Services MA tG7q. ,00 "�Ec►�r•+° Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-8624038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection Location Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: l�f /tq T. 5;-r4(P-S - M I N = u'� wjD�� w�f /Z41L= 5 � �� .J17 P,AiL5 s'� c L6w2R/ (-c RtTw cEeH .kA A LL r� 5 �i2 way �,�► _ 6`�'' M1/N MAX 14ze-" f7 M /K t QED ton w/14Do wJ /=v r1cTfart/a Lc cAP m u 5 T- 4Av,-- vCNTING- FAN 7V e�rs��c SAr= T\/ GLASS �-� 6 E c!< P go L.7r 7-0 *0 u SE R-4-I L S = " a c t K /-17- ' eat Ax S?14 c ®eat ew EL u s r E2S To/STS of S rtE,fF�E-6 ff�- bo---O"k r, -TOP oI-- 57WIkS - ALL FK*kliyG, Please call: 508-862-4038 for re-inspection. Inspected by Date Amnesty Program Helping to make affordable housing possible. down Of ubl e Ik Certificate of Compliance This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code and Town of Barnstable zoning ordinances in accordance with the Amnesty program. Owner Stephen Duff Location 1586;Hyaan><s Road; Barastable a� � Unit Capacity` . 0 edroo not to exceed Two eo le` Asap xx Inspector 47. r • M/P No 298/018/001 Town of Barnstable Building Department - 200 Main Street BAMSTABLE, Hyannis, MA 02601 MAC. i6:9. . (508) 862-4038 RFD MA'I a Certificate of Occupancy Application Number: 201206941 CO Number: 20140012 Parcel ID: 298018001 CO Issue Date: 02120114 Location: 1586 HYANNIS ROAD Zoning Classification: SPLIT ZONING Proposed Use: SINGLE FAMILY HOME Village: BARNSTABLE Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: 1 BEDROOM AMNESTY APT 3; Building Department Signature Date Signed I TOWN ORBARNSTABLE ■ �INE � Bu-ild.1 .h_g 201206941 * ]ELAMSTAB14 * Issue Date: 12/19/12 Permit MASS. 9�A i639• Applicant: DUFF,STEPHEN A rF0 M A Permit Number: B 20123078 Proposed Use: SINGLE FAMILY HOME Expiration Date: 06/18/13 Location 1586 HYANNIS ROAD Zoning District SPLTPermit Type: AMNESTY W/CONSTR RESIDENTIAL Map Parcel 298018001 Permit Fee$ 35.00 Contractor PROPERTY OWNER Village BARNSTABLE App Fee$ 50.00 License Num OWNER Est Construction Cost$ 1 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND CREATE ACCESSORY APPT. (AMNESTY)BY SHEETROCKING GA GETHIS CARD MUST BE KEPT POSTED UNTIL FINAL INSTALL,HANDRAIL OUT REAR STAIRCASE,INSTALL SMOKE DE TSINSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: DUFF,STEPHEN A BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 1586 HYANNIS ROAD INSPECTION HAS BEEN MADE. BARNSTABLE,MA 02630 / Application Entered by: PF• Building Permit Issued By: THIS PERMIT CONVEYS NOR IGHT TO OCCUPY IANY,STREET,ALLEY`OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY.OR PERMANENTLY.'ENCROACHMENTS ON PUBLIC PROPERTY;NO SPECIFICALLY PERMITTED UNDER THE BUILDING CODE;MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS..`;,THB ISSUANCE OETHIS PERMrr,DOES NOT RELEASE THE APPLICANT FROM-THE CONDITIONS OF ANY APPLICABLE SUBDIVISION :- RESTRICTIONS ', e MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. -6.FINAL INSPECTION BEFORE OCCUPANCY. - WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.I42A). w qr4' ' �.. a. ,�,f .&�_ e gcE s• BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 j �rrr,r'Oa�' l� 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of s Barnstable �fME l All-America City • BARN The Town of Barnstable t '`b,•,1639. IN. Growth Management Department EO MA www.town.barnstable.ma.us/2rowthmana2ement 2007 Jo Anne Miller Buntich Director TOWN OF BARNSTABLE ACCESSORY AFFORDABLE APARTMENT PROGRAM MINUTES January 11,2012—6:00 pm Town Hall,Hearing Room Present:Laura F.Shufelt,Hearing Officer,Cindy L.Dabkowski,Accessory Apartment Program Coordinator • Hearing Officer Laura F.Shufelt called the meeting to order at 6:00 p.m. Appea N 2011 X038 Ddff Chapter40B CompiehensrveUPermit .. Granted with coad�hons� ." • The Hearing Officer read`the legal ad as piibli`shedin the Barnstable Patriot • Stephen A. Duff attended the January 11, 2012 hearing and agreed to all conditions of Comprehensive Permit No.2011-038. • Members of the public were requested to comment,no one spoke • Ms Shufelt ruled to grant Comprehensive Permit No.2011-038 with conditions r-Action:,Comprehensive-Permit`No:-201'1=038'Duffis granted-with conditions Appeal No.2011-033`Guidebeck jr,'"Chapt40B'Comprehensrve Permit ` Withdrawn w/o Prelud�ce • The Hearing Officer read Ms.Guidebeck's request to withdraw application • Dian M.Guidebeck did not attend the January 11,2012 hearing. • G. C. Wilson of the public requested to comment, Hearing Officer Shufelt explained case was closed and no further public comment would be accepted. • Ms Shufelt granted a withdrawal without prejudice for appeal No.2011-033. • Action:Comprehensive Permit No.2011-033 Guidebeck is withdrawn without prejudice. �ip 600 PM~ 7peal No 2010_-038 Raleigh • Comprehensive Permit No.2010-038 Raleigh issued February 4,2011 to Michael D.Raleigh for 614 Phinney's Lane Centerville,MA shown on Assessor's Map 250 parcel 064. • Request six month extension to complete rehabilitation and obtain occupancy permit. • Action:Comprehensive Permit No.2010-038 Raleigh granted 6 month extension to August 4,2012 6.00 PMt , Appeal No 2010-037 Dennen' Extensions � a 3 *, r^s��ew. ., Lr� - aa3' � A. .w �n a • Comprehensive Permit No.2010-037 Dennen issued February 4,2011 to Dawn D.Dennen for 473 Pine Street Centerville,MA shown on Assessor's Map 019 as parcel 063. • Request six month extension to complete rehabilitation and obtain occupancy permit. • Action:Comprehensive Permit No.2010-037 Dennen granted 6 month extension to August 4,2012 Hearing officer approved minutes from December 14,2011 as written Hearing officer confirmed next meeting:February 8,2011 There being no other business the hearing adjourned at 6:30 p.m. 367 Main Street,Hyannis,MA 02601 (o)508-862-4678(f)508-862-4782 fr Town of Barnstable Zoning Board of Appeals Accessory Affordable Apartment Program Notice of Public Hearing under the Zoning Ordinance 6:00 P.M.—Wednesday,January 11,2012 To all persons interested in or affected by the Zoning Board of Appeals under Section 11,of Chapter 40A of the General Laws of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that the following Public Hearings shall be held on Comprehensive Permit applications pursuant to Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-14 and 9-15 of the Code of the Town of Barnstable: 'Appeal No.2011-038 Duff_ Chapter 40B Comprehensive Permit Stephen A. Duff applied to the Zoning Board of Appeals for a Comprehensive Permit pursuant to MGL Chapter 40B and in accordance with Section 9-15 of the Code of the Town of Barnstable,the"Accessory Affordable Apartment Program."The applicant is seeking to convert and existing one bedroom apartment located above the garage attached to the owner occupied home. The property is addressed 1586 Hyannis Road Barnstable,MA and is shown on Assessor's Map 298 as parcel 018-001. It is in RF-1 and RF-2 Zoning Districts. This Public Hearing will be held at 6:00 P.M. in Barnstable Town Hall,367 Main Street,Hyannis,MA,Hearing Room,2nd Floor on Wednesday,January 11,2012. Plans and applications may be reviewed at the Growth Management Department(3rd Floor Barnstable Town Hall),367 Main Street,Hyannis,MA 02601,or for more information contact Cindy Dabkowski,Program Coordinator at 508-862-4743. Barnstable Patriot Laura F. Shufelt,Hearing Officer December 16,2011,and December r 23,2011 Zoning Board of Appeals 26315 Ps 325 =25611 BARNSCABLE. � MA89.� / ]A aefy �� '12 ��,�R 15 '+9 :43 �Ep MA<B Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Comprehensive Permit No. 2011-038— Duff Chapter 40B Comprehensive Permit Summary: Granted with Conditions Date: January 11, 2012 Applicants: Stephen A. Duff Property Address: 1586 Hyannis Road Barnstable, MA Assessor's Map/Parcel: Map 298, Parcel 018-001 Zoning: RF-1 AND RF-2 Zoning District Recording Information: Deed Reference: Book 9826 Page 294 Date Application Filed September 23, 2011 Date Hearing Opened January 11, 2012 Date of Decision (Closed): January 11, 2012 Property Ownership: The applicant is Stephen A. Duff, who is the owner, occupant of 1586 Hyannis Road Barnstable as evidenced by a deed recorded in the Barnstable County Registry of Deeds on September 15, 1995 in Book 9826, Page 294. A copy of which has been submitted for the record. Relief Requested: Mr. Duff has applied fora Comprehensive Permit pursuant to Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with § 9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program". The permit is sought to allow for an affordable apartment accessory to a single family home as provided for in the Code of the Town of Barnstable and restricted to being affordable housing for qualified persons as required under Chapter 40B. The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 240-11 (A) and 240-13 (A) Principal permitted uses in a RF-1 AND RF-2 Zoning District to permit an accessory apartment unit within the upper level of the attached garage. The issuance of this Comprehensive Permit would allow for a separate, approximately 550 square foot, studio accessory affordable apartment. Locus: The subject property is a 1.00-acre lot located at 1586 Hyannis Road Barnstable, MA. The lot was developed in 1900, with a Cape Cod style home. The living area of the dwelling is approximately 2,594 square feet. I Bk 26315 Pg 326 #25611 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Pemut No.2011.038-Duff Site Conditions The lot is served by Public Water, Gas and public sewer. The Town of Barnstable's Health department _reviewed the application, and approved a total of five (5) bedrooms for the entire property. Procedural & Hearing Summary: A site approval letter was issued for the property by Interim Town Manager Thomas K. Lynch on December 13, 2011 in accordance with MGL Chapter 40B and 760 CMR 56.00. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760 56.00. An application for a Comprehensive Permit was filed at the Town Clerk's Office on January 9, 2012. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on December 16, 2011 and December 23, 2011, and notices were sent to all abutters in accordance with MGL Chapter 4013. The Public Hearing was.opened on January 11, 2012 at 6:00 p.m. by the Hearing Officer Laura F. Shufelt. The applicant, Stephen A. Duff was present at the hearing. Cindy L. Dabkowski, Accessory Affordable Apartment Program Coordinator was also present. Laura F. Shufelt read the proposed conditions to the applicant. Mr. Duff consented to the conditions. Mr. Duff gave testimony as recorded in the hearing minutes filed with the Town Clerk The Hearing Officer opened the hearing to public comment. No one spoke. The January 11, 2012 hearing was closed by the hearing officer at 6:30 p.m. On January 11, 2012 the hearing officer granted comprehensive permit No. 2011-038 with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeals as required by the Town of Barnstable Administrative Code Chapter 241, section 11. If after fourteen (14) days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Findings of Fact: At the hearing on January 11, 2012 the Hearing Officer made the following findings of fact: 1. The applicant is Stephen A. Duff who is the owner and occupant of the property located at 1586 Hyannis Road Barnstable. Mr. Duff is requesting a Comprehensive Permit to allow for a studio-accessory apartment within the upper level of the attached garage as an accessory affordable apartment. The allowance for the unit as an accessory affordable unit qualifies for the "Accessory Affordable Apartment Program (AAAP)." 2. Stephen A. Duff was granted title to the property by deed recorded in the Barnstable County Registry of Deeds on September 15, 1995 in Book 9826 Page 294. 3. On December 13, 2011, a site approval letter was issued for the property by Interim Town Manager Thomas K. Lynch; in accordance with MGL Chapter 40B and 760 CMR 56.04 (4). Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of 760 CMR 56.04 (2), and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit is approximately 550 square feet in living area and is located within the upper level of the attached garage. 2 Bk 26315 Pg 327 #25611 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2011.038-Duff 5. The applicant was informed that the AAAP unit shall meet all applicable health and building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance.with all applicable building and fire codes. 6. The house is served by public water and public sewer. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved a total of five (5) bedrooms at the property. 7. On November 10, 2011 the applicant Stephen A. Duff signed an Accessory Affordable Apartment Program affidavit that commits, upon the receipt of a Comprehensive Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants, in a form satisfactory to the Town Attorney, at the Barnstable County Registry of Deeds. These documents restrict the unit in perpetuity as an affordable rental unit. 8. The applicant is aware that the affordable unit shall be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of the Barnstable Metropolitan Statistical Area (MSA) and agrees that rent (including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the Town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of August 31, 2011, 6.65% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. 10. The Town of Barnstable's Comprehensive Plan encourages the adaptive use of existing housing stock to create affordable units and the dispersal of these units throughout Barnstable. Summary: The Hearing Officer ruled that the applicant Stephen A. Duff has standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal was deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Conditions: Hearing Officer Laura Shufelt ruled to grant Comprehensive Permit No. 2011-038 with conditions in accordance with MGL Chapter 40B and Article II of Chapter Nine of the Code of the town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program" to the applicant, Stephen A. Duff who is the owner and occupant of the property located at 1586 Hyannis Road Barnstable. As seen on map 298 as parcel 018-001. This Comprehensive Permit allows for a studio apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed one (1) person. 2. The total number of bedrooms on the property shall not exceed five (5). 3. The accessory unit shall NOT at any time be occupied by a family member of the owner. 4. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the AAAP 5. On November 22, 2011, the applicant was sent written copy of the inspection findings, submitted for record, that the unit must meet all applicable health and building codes to be 3 Bk 26315 Pg 328 #25611 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2011.038-Duff 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 public sewer. The application was reviewed by Thomas McKean, Health Director. He has approved the site for no more than five (5) bedrooms for the entire property. 7. All parking for the accessory apartment and the principal dwelling shall at all times be on-site. On street parking for all structures and uses on this property is expressly prohibited 8. Lodging or renting of rooms is prohibited for the duration of this Comprehensive Permit. 9. To meet affordability requirements,the rent charged (including utilities) shall not exceed 30% of 80% of the median income for a household for the Barnstable MSA (adjusted for family size). In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 10. AAAP Coordinator shall be the monitoring agent for the accessory apartment. Annual monitoring shall inclLde verification of tenancy, affordability, and compliance with Housing Quality Standards(HQS). The cost for HQS monitoring shall be covered by the homeowner. The fee for the initial ,monitoring of affordability and annual certification inspection of the accessory unit shall be the same as the Health Department fee for the rental registration program. 11. The applicant shall apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before issuing an occupancy permit and certificate of compliance, the Building Commissioner shall determine that the unit conforms to the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division shall determine that the dwelling is in compliance with applicable on-site wastewater discharge requiremens. 12.The applicant may select his own tenant from the prospective tenants supplied by the Administrator of the Ready to Rent List. The tenant must meet the requirements of the Accessory Affordable:Apartment Program. The tenant's income shall be reviewed and approved by the Growth Management Department. The applicant shall work with the AAAP Coordinator to provide necessary information and documentation of tenant income eligibility. 13.The unit shall be rented on an open and fair basis to an income eligible individual. Whenever a vacancy occurs, notice shall be given to the Growth Management Department and the applicant shall request: potential tenants from the administrator of the Ready to Rent List. The applicant shall pay all fees associated with accessing the Ready to Rent List. In the event that the Ready to Rent List is not in effect as of the date that the Building Department issues its occupancy permit, the applicant may select the tenant after open and fair marketing, providing that documentation of the same is given to the AAAP Coordinator and the AAAP Coordinator Approves the tenant selection process. 14. Should the accessory affordable apartment become vacant the property owner shall immediately notify the Accessory Affordable Apartment Program Coordinator. The property owner shall also notify the AAAP Coordinator of their request for potential tenants from the Ready to Rent List administrator. 15. Every twelve months the applicant shall review the income eligibility of the AAAP unit tenant. No later than a year from the date of issuance of this Comprehensive Permit, the applicant shall file with the AAAP Coordinator, as Monitoring Agent, an annual affidavit stating the rent charged and income of the unit tenant. The property owner and/or tenant shall provide the 4 Bk 26315 Pg 329 #25611 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2011.038-Duff AAAP Coordinator any additional information deemed necessary to verify the information provided in the affidavit. 16,. Upon any report from the Monitoring Agent that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or its Hearing Officer may hold a hearing to show cause as to why this permit should not be revoked. 17. This Comprehensive Permit shall NOT be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be recorded at the Barnstable County Registry of Deeds 18. Should ownership of the subject property transfer the permit holder identified herein shall notify the AAAP Coordinator and provide, within 60 days of the date of transfer, the name and current contact information for the new owner of the subject property. 19. This Comprehensive Permit shall be exercised, all conditions met, and the unit occupied within twelve (12) months of its issuance or it shall expire. Ordered: Comprehensive Permit number 2011-038 has been granted with conditions. A written copy of this decision was forwarded to the Zoning Board of Appeals as required by the Code Chapter 241, section 11 of the Town of Barnstable Administrative code. If after fourteen (14) days from that transmittal the members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be filed in the office of the Town Clerk Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. h.Q,l,i a- - 3 t Y 12 Laura F. Shufelt, Hearing 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 de6si t\R d�, that no appeal of the decision has been filed in the office of the Town Clerk. �� ttt ll _=4 0�..,......j . tIII Signed and sealed this day ae under .pains an,-p, af`ie of �'u inda Hutchenrider, Town Clerk Z':......; a Z :9 .6 5 k 26315 Pg 330 #25611 Eugene E. Guerrera of Cheshire, Connecticut �ilil>�K]FiEills>{t1h�i in consideration_of $71,360.00 paid ui grant to Stephen A. Duff to Of P.O. Box 275, Cummaquid, MA 02637 with juitclaim coltcnants A the land in Barnstable, Barnstable County, Massachusetts, together 4j with an unimproved building on the same, which land is shown as LOT 1 on Hyannis - Barnstable Road on a plan etititled "Plan of Land oa in Barnstable, MA, for Cosmon J. Montagna, March 17, 1983, Scale ,u 1" = 401, C. R. Short, Inc., East Dennis, MA' e said plan is on file at the Barnstable County Registry of Deeds in Plan Book 372 Page 15. Said land is conveyed subject to, and with the benefit of, all mat- m ters of record to the extent the same are in .force and applicable. th ao Lei W CAI a � � V'Vim' M Q � t- .:a � .O � '•] r ¢' cjr O � a a For title, reference is made to Record Book 9418 Page 330. Executed as a sealed instrument this ,� day of September 1995 rA Eugehile E."dubitrera The COmmonEueutth of Passtuhusetts! Barnstable is ,6ep��ainYier'WL" 1995. Then personally appeared the above named Eugene E. Guerrera and.acknowledged the foregoing instrument to be his and de , Before ms. S e en V, Murphy Norwy bur My commission expires June 27AM 1 XC[Ot 96 BARNSTABIE'REGISTRY•OF DEEDS i Bk 26315 'Fs331 r25b�.2 05-08-2012 a 01 =37F REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 12th day of April 2012,by and between Stephen A.Duff of 1586 Hyannis Road Barnstable,MA 02630 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 1586 Hyannis Road Barnstable, MA 02630 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 9826&Page 294. B. The Project located at 1586 Hyannis Road Barnstable,MA will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the"Designated Affordable Unit" or the"Unit"). C. The Owner agrees to construct the Project in accordance with'the terms of comprehensive permit Appeal No.2011-038 and any plans submitted therewith and all applicable state,federal and municipal laws and regulations.Saiidpermit is recorded herewith as Barnstable County Registry of Deeds Book g _ 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 trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable MBA and that rent(including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated anyprovision 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, . 4 I Bk 26315 Pg 332 #25612 mortgage note,or other instru rent to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises: 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80%or less of the Area Median Income(AMI) of Barnstable Metropolitan Statistical Area(WA)and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirt7(30) days'of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80%or less of the Area Median Income(AMI) of Barnstable MSA and that rent (including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry.of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. 2 Bk 26315 Pg 333. #25612 Vs GOVERNING OFAGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any . clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorney's fees necessitated by such actions. VIII. ' ENIMRE UNDERSTANDING: A This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the-public purpose of providing safe affordable housing and shall.be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 9826 &Page 294 and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions. contained in this Agreement shall be deemed to affect the title to the property described in deed recorded herewith as deed recorded herewith as Barnstable County Registry of Deeds Book 9826&Page 294. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2)notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable 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 propertywhich is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 . Bk 26315 Pg 334 #25612 X. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i)that this . Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's e � J � � g P successors in title,(iii) are not merely personal covenants of the Owner,and(iii)shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. M. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent mayperfect such a lien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. MI. MORTGAGEE CONSENT: The Owner represents and wan-ants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the.terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WEMREOF,we hereunto set our hands and seals this 12th day of April,2012. OWNER BY: Signatum Printed: COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this 12th day of April 2012 before me,the undersigned notary public,personally appeared Stephen A.Duff,the Owner(s),proved to me through satisfactory evidence of identification,which were Massachusetts to be the persons)whose name(s) is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. tarj Public Printed: Cindy L.Dabkowski �.o0' '&,&mission Expires:February 29,2016 SSi0i1 F.. 4 it Zg2>>�t. >;• ; ;�,. •o:.�. S.� �•,.. '`; 4L CINDY L. DABKOWSKI •, ,u w t m;: Notary Public r:V,•�: .,, i COMMONWEALTH OFMASSACHUSETTS my Commission Expires "",. : •`y . ;'O. February 29, 2016 e RY ... �. t�d s 3ACt2`�-�a Bk 26315 Pg 334A#25612 TOWN OF BARNSTABLE BY: ACTINGMANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this / ? day of 2012 before me,the undersigned notary public,personally appeared the Actin Town Manager for the To of Barnst ble roved to me through g g �P � satisfactory evidence of identification,which were P 14 ��-Vn';;XY 'j to be the person whose name is signed on the preceding or attached document and ackno ed ed to be tFat he/she signed it voluntarily for the stated purposes. Notary lUblic Printed:,l&E6 Nt My Commission Expires: MAY OAKLEY OF vA$v4m MY=M" . �a r. BARNSTABLE REGISTRY OF DEEDS. Bk 26315 Pg 334B#25612 THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK BARNSTABLE REGISTRY OF DEEDS _ 4 TOWN OF BARNSTABLE,BUILDING PERMIT APPLICAi ION Map Parcel r' U U Q,I Pp A lication Health Division I. . Date Issued 11 Conservation Division. _ Application Fe ; Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH Preservation / Hyannis Project Street Address Village �a r n .S 4n b 1 Owner c +e D h e to A _ D u Address Lr-;R-10 l+J r,n n oced f3e=_�r ns�h Telephone Permit Request /',tCCt,:�0 nG A4- A aAA4� ) 1&:2+ad11 Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District -1 Flood Plain Groundwater Overlay r Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area( ,ft) Number of Baths: Full: existing new Half: existing -ew Number of Bedrooms: existing _new J " a Total Room Count (not including baths): existing new First Floor Room Count RE Heat Type and Fuel: ❑ Gas ❑Oil ❑ Electric ❑ Other tc Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing woodicoal sto4 ❑des ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑existing ❑ new, size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization Appeal # of D 11 --0 3 F( Recorded @' Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name Telephone Number �` 0 2- ZD Q- Adfress j� - `��1 License # 4GI /Z2 Y__Y7- ,,��} Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE Z- FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED , t MAP/PARCEL NO r f ADDRESS VILLAGE OWNER DATE OF INSPECTION: v - FOUNDATION FRAME INSULATION , FIREPLACE - ._ ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH " FINAL , GAS: ROUGH FINAL FINAL BUILDING ` DATE CLOSED OUT ; ASSOCIATION PLANO.N ~ �� u • r'+L , n r . The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Bailders/Co-ntractors/EIectrician.s/Plumbers A.pplicant Information Please Print Le ' 1 Name_(Business/Qrg�ization/Indi�iduan: �.+� ' City/StateJZip;" =Cl-�-✓� �1�,'P� Phone.#: 0 Are you an employer? Check the appropriate box: Type of proj ect(required): 4. ❑ I am a general contractor and I 1.❑ I am a employer with 6. ❑New construction -_ employees(full and/or part time).* have lured the sbb-mntractors 2❑ I am a-sole proprietor or partner- lister on the attached sheet 7. ❑REmodeling ship and have nn employees These sub-confractors have g. Demolition work employee s and have workers' working for me in any capacity. 9. ❑Buildmg addition . [No workers' comp.-mstrrancc camp.insurance.$ ] 5. ❑ We are a corporation and its 10.0 Electrical repairs or additions officers have exercised their 11.0 Plumbing repairs or addition 3s —".I ama homeowner doing all work right of exemption per MGL • myself[No workers comp. 12.0 Roof repairs c. 152, §1(4),'and we have no incnrence requited_]t 13.[]Other employees. [No workers' comp,inc=ce required.] *Any applicant$sat checks box ffl rvuat also 511 out the section below showing their workers'compcn=tion policy information- t Homoawoers who rubvat this of davit indicating they arc doing al work and then hire outside eontractors nnist subrmt anew affidavit indicating such. tf ontrae that check this bat nmat atttthed an additional sheet showing the name of the sub-contr ton and state whether or ,not those euti6cs have earployem If the subtonhacton have er3ployces,they must prvvi&their worlccns'comp.policy nrnnber. I am an employer that is providing workers'compensation insurance for my employees Below is the poliry and job site information. Insurance Company Name: Policy#or Self-ins.Lic.M Expiration Date: Job Sits Address: City/state/Zip: 4. Attach a copy of the Workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine tip to$1,500.00 and/or one-year imprisonment;as well as civil pcnaltits 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 statzmerit may be forwarded to the Office of Investigations of the bIA for innam3ce coverage verification. I do hereby c under the pains•and penalties of perjury that the information provided above is true and correct Official use only. Do not write in this area,to be completed by city or town offxW City or Town: Permit/License# Issuing Authority(circle one): L'Board of Health 2.Building Department 3. City/Towu Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#• l I �tIKEE r Town_ of Barnstable "s Regulatory Services lARNSTABIX : Thomas F.Geiler,Director 1639. .�� Building Division . Tom Perry, g Buildin Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: Q� JOB{LOCATION: l J OCp Gl YIM✓I f number n / street village "HOMEOWNER": C-/ ' 1' " name home phone#. work phone# t` CURRENT MAILING ADDRESS: uxti s,�'1/li( city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is, or is intended to be, a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building nggp t. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other. applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum msWzttion procedures and requirements and that he/she will comply with said procedures and requireme Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly 5, when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt oFIMHE y, Town of Barnstable ti Regulatory Services * MASS. ' # Thomas F.Geiler,Director 1639 Building Division Tom Perry,Building Commissioner , 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit: (Address of Job) **Pool fences and alarms are the responsibility of the applicant. Pools are not to be filled or utilized before fence is installed and all final inspections are performed and accepted. Signature of Owner Signature of Applicant Print Name Print Name Date Q:FORMS:OWNERPERMISSIONPOOLS 6/2012 1 ` tc 631:.5 P 321 2-5,61t:1.. M' Town of Barnstable Zoning Board.of Appeals Cornprehensive,'Permit Decision and Notice Comprehensive Permit No. 201.1-038— Duff Chapter 400 Comprehensive Permit Summary: Granted with Conditions Date: January 114 26112 Applicants: Steph;en:A. Duff Property.Address 1.586 Hyannis Road Barnstable, M,A Assessor's"Map/Parcel:_ Map 298, Parcel 018-001 .Zoning: RF-1-AND RF 2;Z6ning District It ecording,information Deed Reference:.: Book 9826 Page 294 Date Application File& September 23,201;1_ Date Hearing Opened January 11, 2012 Date,of Decision(Closed): January 11, 2012 Property Ownership: The applicant is Stephen A. Duff, who is the owner,:occupant of 1.586 Hyannis Road Barnstable;as evidenced by a deed recorded in the Barnstable County Registry of Deeds on September 15, 1995 in. Book 9826, Page 294 . A copy of which has been submitted for the:record. Relief Requested: Mr..Duff has applied f6r.a Comprehensive Permit.pursuant.to Chapter 4.0B of the General Laws,-of the Commonwealth of Massachusetts, and in accordance with § 9-1.4 of the.Code of We Town of Barnstable, more commonly termed th.e:"Accesso 1.ry Affordable Apartment Program", The permit is. sought to allow for an affordable apartment accessoryto asingle family home'as provided for in the Code of the Town..-of Barnstable and restricted to°being affordable housing for,qua,ified personsxas' required,_under.Chapter40B'. The zoning relie(necessary for this Comprehensive Permit:to be issued is::that of.a variance to.Section 240-:11 (A) and 240-1"3 (A) Principal pe`rmitted.:uses. n.a RF-1:AND RF-Z Zoning Districtto perm t`an accessory apartment unit.within the.upper-level of`the attached garage. The issuance of this. Comprehensive Permit would al'ow or a.separate.approximately 550 square foot, studio accessory of fo cd a b l e;;a p a rtm ent. Locus: The ubject'pro`perty is a 1.00=acre lot located at 1586 Hyannis Road Barnstable,-MA., The1otwas developed in 1900, with a,Cape Cod style:home.The Iiving area of the,dwelling is approximately 2,594 square feet. Town of Barnstable,Zoning Board of.AppeA. De<uion and,Nbace,Comprehensive PermitNb.2011-038-Duff site.Conditions The lot isserved by Public Water, Gas and public sewer. The.Town of Barn.able's Health department reviewed;the application;and approved a total of five(5) bedrooms,forthe entire property.... Procedural.&.Hearing S,vmmary; A site approval letter was issued for the property by.Interim Town Manager Thomas K: Lynch on December 1.3,'2011 in accordance with MGL Chapter 40B and:760 CtvtR 56.00. Notice of the site app'rova(letter.was sent-to the:DeParttnent of'Housing rid Corrinhunity Development i accordance with the requirements.of CMR76;0 56.OQ;, An;appl.icati,on fora Comprehensive Permit: was filed at theTown Clerk's.Office on January 9,:,2012'. A public hearing.:bOoee the Zoning Board of Appeals:Hearing 04'. rwas duly adverti ed in the Barnstable Patriot.on Decernber 16;:'111 and Deeember`23 2011 an&' tires were sent to all abutters in.accordance wiih:lvlGL,Chapter 40B. The Public Hearing,was opened on January 1.1; 2012°;at 6 00:p.m. by the-Hearing Officer Laura;F. Shufelt. The;applicant, Stephen.A. Duff was present at the hearing Cindy L. Dabkowski, Accessory Affordable,Aparfinent Program Coordinator was also"present. Laura F."Shufelt read the proposed conditions to the'<applicant, Mr. Duff consented to the c6hd tions,.`IvIT. D,uff.gave testimony As recorded'in the hearing minutes°'filedwith the.Town.Clerk• The Hearing Officer opened the hearing to public comment; No:one spoke. The January 11, 2012 hearing was closed by the:hearing officer at 6:,30 p.m. On:.J.anuary 11, 2012 the.hearing officer grarited comprehensive.perrnit N;o .201'1-03, with conditions. A written copy of.thisdecision.shal1 be forwarded to the Zoning;Board of;Appea s as r`eq°aired by the Town";of Barnstable Administrative Code Chapter 24:1;, section 11. ,If after fourteen (14)-.days from that "transm•ittal the Mem bers.of the Zoning;Board of Appeals.take's.no action to reverse the-.decision; this, decisionshall become.final and a,cop"y shall be.the filed in the office of:.the Town:Clerk.' Findings of facf; At the,hearing on January-1 l _2012 the:rHearing Officer made the,following findings of fact:. 1 The' applicant is.Stephen A ,Duff who i's4he 4wnerand occupant of the propertyAlocated,at, 1586 Hyannis Road Barnstable: Ntr, Duff is;requesfirig a Comprehensive , errnit'to allow fora studio-accessory°apartment within the upper evel of the attached garage as.an accessory affordable apartment. Th`e allowance•fo`r the unit as an accessory affordable upit qual.if es fo';r the."Accessory Affordable Apartment Program (AAAP)," 2. Stephen.A Duff was granted tithe to the property by deed recorded in ahe Barnstable.County Registry of'Deeds..on'September 15, 1995 in Book 9826 Page 294. J. On December 1.3, 261 li a'site,approval,letterwas issued:for.the property by Interim Town Manager Thomas:K Lynch, in accordance with MGL Chapter 40B and 760 CMR 56.04 (.4). Not ce•of the site;approv,I letter was;sent to the Department of.Housing and Community Dreveloprrient, irr"accordanCe:with the requirements of 760`CMR 5'6.04.(2), and no issues were communicated frorn"the Departmeq,,on this:particular application., 4. The proposed;accessory affordable unit'is approximately 5-50 square fee.tin liv ng:area and is located within"the upperIevel of the attached garage: 2 I f r Town of Barnstable;Zoning Board of:A0Veals: MCISion4nd,Nq&e_bAmprehensivePeniut%No.2011=038 'Duff 5. The applicant was inforrhedahat the AAAP unit shall`meetall applieable�health.and building codes to.be occupied and that the Building Division,and Fire Department will'al'so be inspectingthe unit for compliance with all ap'plicab,e.building'and fire-'codes; 6. The House's served by`public'water'and public sewer. The proposal has-been reviewed by Thomas Mcl<ean,,Health Director, and he:has approved a-total of five:(5)bedrooms at the property. J" On:November 1::0, 2011 the applicant Stephen A. Duff signed an=Accessory Affordable Apartment Program affidavit that commits, upon the;�receipt'.of a Comprehensive Perrnit to the: recordingof a Regulatory Agreement and Declaration of Restrictive Coyenanfs, in aform satisfactory to the Town Attorney, at the Barn table County Registry of Deeds: These documents.testrict the,unit in perpetuity as;an affordable rental unit. `8. The applicant is,aware tha"t the_affordable..unitahallbe.rented to.a,person:orfamily whose incorne'is:80%.o'r less ofthe.Area lvtedian Income(AMI)'ofthe Barnstable Metropolitan Statistical Area and;agrees that::rent(including utilities) shall not exceed 30% of'ther monthly.household income of`a household earning 80% ol'the median income, adjusted by household size. In the event that Utilities separately meteeed,.the utility allowance established by.the Town of Barnstable`shall be deducted:from rent level so calculated. 9. Acc6rdJng:to the'Iota"ssachusetts:Department of Housing and C. 0m nuriity Development,;as of August 31;.;2011;„6 65%of th"e'town,`s:year round housing stock qualifiesas affordable housing units. The°town-:has not.reached the statutory minimum cif affordable housing under MGL Chapter 4013 Section 2072-3 or-its implementing.regulations. 10: The Town of Bamstable's Comprehensive Plan en cou rages,the:adaptive'use of existing housirig-stock to.create affordable units.and the dispersal of�these:units throughout Barnstable. Summary; The Hearing,,Officer.ruled that the applicant Stephen A. buff has,standingtoapply fora Comprehensive.Permit under MCL Chapter 40B and the Town:of:$arnstable's Accessory Apartment Program: The;proposal was deemed consistentwrth Iocal.needs because it adequately,promotes the objective of.providirng affordable housing for the Town of Barnstable without jeopardizing.the health and>safety.of.the. occupants provided ala conditions of the Comprehensive;Permit are strictly followed, Conditions: Hearing Officer Laura'Shufelt.rufed to grant Comprehensive Permit'�No. 2011-038 with=conditions. in accordance.with NrdL Chapter 46,B and<-Artic(e.11 of Chapter Nine bf the Code of'the town of Barnstable,.rrlore:cornmonly terrmed the"Accessory'Affordab e Apartment:Program" to the.applicant; Stephen:A. Duff who is the owner and.occupant of the property located at 1586 Hyannis.Road: Barnstable: As seen.on map 298 as.parcel 018=001.. This.,Comprehensive Permit,allows for a studio apartment unit in accordance with the following conditions'; 1. Occupancy of the affordable unit;shall not exceed one(1) person: I The total number of bedrooms:on the property shall not exceed five(5),. 3: The accessory unit-sh'a`II NOT at any time bevoccupied by.a family:member'of the owner. 4. -All'leasesshall have a minimum;term,of one.;year and.have provisions.that require the tenant; to provide any and all information necessary to verify eligibility With,.e AAAP -5: On November,22 2011;.the applicantwas'.sent written copy of the inspection findings,. submitted for record,thatthe,unit must meet all apphcable'health and building codes to-be 3 f - • 1 . CAS Town of Barnstable,-Zoning=Board of Appeals Decision and 1Votice,Gompnzhensive Peinit 1Vo:26tT03S_Duff . occupied,and that the Building Division and:`Fire-Department will.also b.e:inspecting fh:e unit: for comp I iance with all applicable bui'ldmg.and fire codes: 6. The house is.served by,publicwater and public sewer. The:application was reviewed=by Thomas Mv'cKean .Health"Director. Hey as approved'the site4or no more than f ve.(5) bedrooms for the entire property:. 7. All parking forthe accessory apartment.and the principal dwelling;-shall at'all times be:on-site. On treet-.parking for all:structures.,and uses on this property is-expressl.y prohibited 8 Lodging or,renting of rooms is prohibited for the duration of this;Comprehensive Permit. 9: Tp meet affordability requirements;the:rent charged'(incfud.ing utilities) shall not exceed,30% of 80% of the median income fora household for the BarnstableNSA(adjusted for family' size). Jnahe evegthat'utifities ar,,e separatelymetered;the utilit.�-allowance establisM.hed;by the town of.Barnstable shall-be"deducted from4ent level so calculated': 10. AAAP Coordinator-shall be the;monitoring"ageht forthe accesso.ryapa"ttrhent. Annual monitori.ngshall'includeverificationof tenancy., affordability, and compliance with Housing Quality Standards;(HQS). The costfo.r HQS'rnonitoring,shalabe covered;by.the homeowner:; The fee for the initial monitoring of"lffordabiIity and annual.certi,fication :inspection Of'th"e accessory unit shall,.be the same as the Health Depagmentfee forthe rental registration program? eap icth a "or a b , " new' nappy or pre=exi"sting: Before issumg;an occupancy permit and"ce.rtificate of compliance, the;Building. Commissioner shall determine thaij '4a unit conforms to the appro edplans as submitted with the:building.,perrr it application,,and meets state b.uilding.and fire codes. The Health Div'isio_n shah deteririine.that the,dwelling is incompliance with applicable<.on-site wastewater discharge requirements. 12 The applicant may select his,own tenant from the prospective tenants supplied by the; Administrator-of'th'e Ready-to Rent list The tenant:rnust rneetthe reg0irehients:of the; Accessory Affordable Apartment Program.- The tenant's income shall be' reviewed and approved by;the,Growth lvtanagei-nentDepartmentt The applicantshall work with the AAAP CoQrdi.nator to proVide'necess-ary infoirtation and documentation.of.tenant income el.gibility,. I`3:The unit`shall be rented on an open and fair basis tq=an meome',eligible individual. WHenever a vacancyoccursi notice-.shall be given to the Growth-Managernent.Depariment and the applicant shall request potential tenantsfrom the administrator:of'the Readyto Rent.list. The appl'icant::shall pay aIFfees,associated with accessing the,Ready to:Rent-List. In the event"that the�Ready-to,Rent List is riot in`effect as of the>date that the:Buildi'ng Department issues its occupancy:permit the.applicant mayaelect the.tenant after oll pen<And.fair marketing, providing thatAocumentation of tl e'same is..giVen to the AAAP'Coordinator'andahe AAAR Coordinator Approves the tenant selection`p'rocess 14. Should the>accessory affordable apartment'become:.vacAnt the property owner shalt; immediately notify the Accessory Affordable Apartment-Program Coordinator: The.property owner.shall also notify.,th°e AAAP Coordinator of their request for potential tenants from the Ready to Rent Cist administrator., 1'5. Every twelve;months.the applicant shall"review the,income::eligibility of the AAAP unittenant. No later.than.a year from"the.date of,issuance:of this:Com"p'rehensive Perrim'it, the:applicant shall1ile with the:AAAP Coordinator; as Monitoring Agent,an annual affidavit.statmg'the rent charged and mcome of the unittenant. ''The property owner and/or tenant shall provide"the 4 l ✓ Town of Barnstable;Zoning""Board of Appeals Decision•a"nd,l4ctice;Eoniprehensive Pernut Np.2011'038=Duff' .AAAP Coordinator any additional information deemed necessary`to verify the information. provided in;the affidavit, 16. Upon any report`from the Monitoring-Agent?that the;terms and conditions of this permit are not being upheld,the Zon"ing"Board.of Appeals,or iis.'Hearing Officer.may ho;ld"a hearing to show cause asto whyahis:permit.should hot be.revoked. 17. Theis"Comprehensive"Permit shall NOT`be transferable'to any othe'r`person or entity.without the .pri&approval of-the Hearing Officer or Zoning Board of Appeals:: This decision,"the; "Regulatory Agreement and Deciaration,Of Restrictive Covenants and all other necessary: documents shall be recorded at he B6ms-table;Coun, Re gist Dee ry of: ds: v 18 Shouldowhership of'the subiect,property tran fer the permit holder identified.herein shall' notify the,AAAP Coordinator and,provide,..within 66,days of theAate oftransfer,';the name and currerit contact information for the new owner of the subject property; 19..This Comprehensive Permit "shall be° exercised, :-all conditions met, "and the unit occupied within twelve (1.2) months of its iss,uance"•or it shall expire.. Ordered: Comprehensive Permit'number 2011-038.has been granted`with conditions: A written copy of-th"is;decision was forwardedtatheZoning;Board:of:Appeals as,required"by'ti e'Cod.e Chapter 241, section 11.of the.Town of`Barnstable;Ad'ministrative.code. If after fourteen 04) 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 copyshaJl be.filed in theoffice of';the Town Clerk. Appeals of the final decision, if'a'ny,shall be made to'the Barnstable Superior Court:pursuantfo MGt Chapter 40A, Section 17,,within twenty(20)•.days after the date ofthe filing ofthis.decision in the office of the'Town.`,Cle& Thepapplicanthas.the rightto.appea) th�s;deq_n as outlined i:ntilGt Chap"ter08,Section 22. Laura F. Shufelt,,Hearing Officer Date Signed I Linda Hutchenrider, Clerk"of the Town of Barnstable; Barnstable'County;Massachusetts; hereby.. certify'thattwenty(20) days,.have elapsed since the-Zoniry Board of'AppeaIs filed this..decision and'. that no appeal of the dedi - has been filed inthe office of the Town Clerk:: Signed and sealed this day under' !,pains an, pen-aloes of penury. ? IAI inda Hut chenrider, Town Clerk a ti 5, PW 263:15 PEP83 2 d —20 1d37 REGULATORY AGREEMENT AND:DECLARATION OF RESTRICTIVE COWNANTS THIS REGUL,ATORYAGREEN ENT'and'DEQ t'iRATTONOF RES'TRtCTM COVENANTS,is:made this:l2th day,of Apr120:12"by and'between Stephen.A.Duff of 1586 Hyanrus.Road Barnstable,MA,02630 and its successors and assigns (hereinafter the".Owner"),and the TOWN OF BARNS'i'ABLE (the: "Muri cipalit f),a political subdivision of the Commonwealth; WHEREAS the Owner has:been granted i Com'prehensiye'Permit:under Massachusetts General Law Chapter 408.and'local regulations by the Zoning Board of tlppeals to"percriit the creauori.of an accessoryaparnnent:in an owner occupied dwelling which will`be rented,to a low or ModerateIncome Person/Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in m ituatconsideiation of.the agreements and covenants contained,herein,•and other good and valuable:consuEerauon,the receipt and sufficiency of which-is hereby acknowledged,the parties agree as:follows: L. PROJECTSCOPE AND DESIGN: A. The "terms of this Agreement 'and Covenant.regulate`ahe properly located at 1586 :Hyannis Road Barnstable, MA 02630 as:further&s abed.in deed.rec' ed,herewith:as Barnstable County Registry of Deeds Book 9826&Page'29k. B. The?roject located at 1586 Hyannis RAad Bamstable,MAwill consist ofone,accessory apartment unit which will be rented:to:an eligible low or moderate income mdivrdual or family(the"Designated Affordable Unit.or the""Uzut"} C The Owneragrees to.¢onstruct.the I'roject,in accordance withthe>terms of'comprehensive permit Appeal No:.2011-038 and any plans sulimitteti tlierewith.and.all applicable state,)federal-and municipal,laws.and regulations.Said'permit:is recorded,hereNMh'as Barnstable County Registry of Deeds Book 2 G 31 &Page 32S D. The Owner agreeslto occupy the`principal'dwelling unit located.on the,properly as their,principal residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBIU TIES A. THE OWNER HERE°BY REPRESENTS,.COVENANTS AND WARRANTS AS FOLLOW- 1 In''receiviiig:;the comprehensive permit to create the Designated Affordable unit;,the Owner agreed.that, theDesignated Affordable Unit shaff-be set:asrde`m.perpetuityfor the public purpose of p oviding.safe and decent.housing to persons eanung.at or below 80%of the area median income of Barnstable Metropolitan. Statistical Area.()VISA) and.that the)Designated Affordable Unit shall be deemed tobe impressed wrtli a.piblic triut: 2. 'The.Desienated AffordableVnrt shall be rented kperpetuiryto:a household with a.maximum income of 80%-of the Area Median Income-(AMI)of Barnstable MS:A:and that rent,(including utilities)shall not,exceed an amourrt:that is affordable:to:a household whose income is.80%of.the.median income of Barnstable MSA. In the event that utilities are:sepaiatelymefered,a utility allo.wancce'established"bytheBarnstable-Housing Authority shall:be deducted from the!rent level: 3. The Designa e'd.Affordabie-Urut wiu be"retained as'a permanent,year round,rental dwelling unit witLat least none=year lease: z 4. thewner The:O has� #till legal right;;power and authority to execiteand deliver"this Agreement. 5. The execution and performance.oft his Agreementby the;Owner will not violate or,as applicable,.las not violated anyprovision 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:anyprovrsion of.anyiidenture,agreerrient,mortgage; �y mortgage note,or other imtrument to which the Owner is:a partyor 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:executiou and delivery of this;Agreenient,has.good,clear maiketable;<t tle to' the premises. T. There is.no action,'siut or proceezling ataaw or m egiuty or;by or before arip governmental instrumentality or other agency now pending,or;to;:the knowledge of the Owner;threatened against or.affecting: lt,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 Adverselyaffect:its financial'condition, B:- COMPLIANCE Me,Owner hereb'... s that anyand:all regwrements of the laws of the Commonwealth of Massachusetts to be_"satrsfied in order for the provisions of'thts Agreement to cohi t►tute,restrictions and. .covenants running with the land shall be deemed.to be satisfied uifull and that.anyrequirements:of privileges of -estate are'also,'deemecl to be-satisfied in full: C LIMITATION ON PROFITS L:, The Owner.agrees o limit his/her profit by renting.the;Designated Affordable Unit mi perpetuityto a hbwehol3, th a:maximum income:of 80%d or less,of the:Area Median.Income(AW of Barnstable Metropolitan Statistical.Area-(MSA):and that rent(including utilities)shallnot.exceed an amount that is affordable"to a household v ose income is 80%.of''the median income of Barnstable MSA. In.the event.that utilities are separatelymeter.ed,a utility allowance established bytfie.Barnstable Housing Authorityshall,be deducted'f rom the rent. I The Owner shall annuaIly;deliver to the Municipality and to the Momtonng Agent,as designated by the Town Manager;proof that tie Designated,Affordable Unit is rented,the tenant's,.irxome.venfication,a cgpyof' the..lease agreement`And.the rent charged'for the unit,or units Such information shall alsobe forwarded".to-the. Moiitonng Agent wthin.30 days of"the occupation of the dwelling;unit or"ututs by a.new tenant. The Owner shall noti#y the Monitoring Agent;as:designated by the Town Manager,withrn thirty(30) days of:the date that a tenant,has vacated the Des gnated,Affordable,Ua. III. MCTN am ITY CC)VENANTS ANIYRE PUNSIBII ITIES 1. The:MUlvICIPALITY,.through the monitoring agent.designated by the Town Manager agrees to perform the;duties.of ver;fyiug that the Designated Affordable Unit is being;rented,in perpetuityto a household: with;'a max,m„r„Income of 80%or less of the Area:Median Income(AV'g of,Barnstable:MSA and that rent (including utilities)shall not exceed an aniouut.that:is affordable to`a householdwhose income is.80%of the: median income of Barnstable MSA.:In the,'event.that-.ut77ities'are-separately:metered,a utility allowance established by the Barnstable:Housing Authority shall be deducted.from the rent. IV. RE CORDING OFAGREEMENI Upon execution,the OWNER shatl'urunediatelycause this Agreement and anyamendrneats hereto to be-recordedwith the Reg>stryof Deeds for;Barnstable Counry or,if therP'roject consists...in. or in part of registered land,.file this Agreement and Anyamendments hereto with.the.RegistryDistrict,f the Barnstable Land Court(collectivelyhereinafterthe"Registryof Deeds"),and'the Owner°shall pay alifees-and charges..incurred'in connection tl erewith "Upon."recording.or f lling,:as:applicable;the Owner shall mmediatelytransmit to the; 1vlunicrpality`evidence of.such recordm r d g or filing ncluuig'the date and instrument;book and.,page or registration number of ihe,Agreem*. ` 2 V ,, GOVERNING OF'AGREEMENT` This Agreement-shall.be`governed byihe laws of.the Commonwealth of Massachusetts. Any atnendinents to this;Agreement mustbe uzwriting'and,executed byall'of-the parties hereto. The invalidityof;any clause,pare or provision of this Agreement shall not affect the validity of't'the,rema iung,por, ns-:hereof: ` yI: 140TTGE; All notices to be'g ven pursuant.to this Agreement shall kiri writing and shall be deemed given when delivered byhand or when mailed bycertified o,registered mail,,.postage"prepaid,-return receipt requested;to the parties,hereto at the addresses set forth below,ar tq,stich,other, ce as a party may from tune.to:time designate by written_nod 6. VHI HOLD HARMLESS: The Owrier.'.hereby:agrees to indemnifyand,hold:hamiless the.Nlurucipality and1or its delegate from any and all actions or inactions;by.the Omer,its agents;:servants or,en-iployees,which result in;claims.made again t; Ivlunicipality'and/ortts delegate,>ncludriig but not.liinitedto awards,judgments,:out of;pocket expenses°and attoruey`s fees.riecessitated'bysuch-actions. VIII. ENTIRE UNDERSTANDING: A Thin Agreement shall constiite the entire understanding Between the parties andany amendments or, clarifies hereto musc.be in venting,executed'bythe parties,,and apperided'to this document: B., This:Agreement and all of'the covenants,agreements and restrictions coritained'here'in: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,tgnin in perpetuityi i:fayor of and beheld by the Municipality as any other permanent:restriction held'bya governmental bodyas that::term is used�in.:MGL-Ch.,184;Section 26 which shall run with the land:descfibe&in deed recorded herewith as Barnstable County,Registty of Deeds.Book 9826 8i Page 294 and shall be binduig upon the Owner and all successors in title . This Agreement is made for the benefit'of the Municipality-and" unicipality and the Municipality sliall,be deemed to be the.holder'of the restriction created by this Agreement: The Mumcipalityhas ieterniined-that the.acquu7ng of such a restriction is in the public;:interest; Tlie,Municipality shall notbe 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 3o'the property desci4bed in deed recorded herewith as.deed recorded herewith as Bainstable.County, egistry.of Deeds B66k:9826&Page 294. 1•x TERM OE AGREEMENT: The.term of this Agreement shall lie perpetual,provided,however,thatthe Owner of:a Designated Affordable Unit or Units,may voluntarily cancel the.granted Comprehensive Perxiut'and the terms and restrictions imposed`herein.: Suchcanc6lktion s6E..o4take effect,after:. 1)expi ation.of the lease terms entered into between the;Owner andTenant;occiipying saidumt and 2)notification byC►the wner;of said:clwelling to tle; Zoning Board of-Appeals of=his/her desire to cancel the Comprehensive per upon.a date certain and the ' recording:.of said notice at the Bar stable C.6- 'Registry of Deeds or Barnstable County Registry of the Land Court,as the case maybe;thus,rendenng sa_id`Comprehensive Permit void. 'Tipon`.the cancellation of the comprehensive perrmt,the properly which a the,si bled utter of this restrictive covenant shall;revert to the use;; permitted tinder zorung and-the restrictive.covenant.shall,be rendered.void. 3 . �l X. SUGUSSORS.AND ASSIGNS: A The Parties to t ansuci and n fme essors aiid assigns"the>r rights.and dutLes<as defined m t1vs,Regulatory tlgreemerit and.tle,.attached comprehensive permLt. . B: The'Ownerintends,declares;arid'covenants on behalf of atself and its:successors-and assigns @ that this .Agreement and the-covenants,agreements and restrictions contained herein shall:, .e,and arc, --enants`unnirig with the land,encumbering the I'roJect forth teriri of this Agreement,;and are binduig.upon the Owner's successors in title;,(ii) are-not rn rMvpersonal covenants of the.Owner,and(uL�'shall bind the Owner,its successors.and assigns and-inure to the benefu„of:the M sucipalityand its,successors and assigns forthe:term;of tke Agreement: M. DEFAULT: If anydefault,violation or breach bythe:Owner of this:Agreev .ment is nottcure&to.the�satisfaction of.the Monitoring Agent:within thLrty(30)days after notice to the-Owner thereof,then:the MoritorinIg Agent maysend notification io the Municipality that the Owner rs in violation of the.teriris and conditions.hereof. The Municipality may exercise.;anyremedyavA ble to it.' `Ihe.Owner wvM payaU costs.and expenses,,includi ng legal. fees,incurred by the Monitoring Agent in;enforcing this Agreement.and the Owner.hereby agmes that the - Munrcipalityand'the-Monitoring Agent will Dave a;'1ien,on:the Prgject to;secure:payinent:of such costs and expenses. The Motutonng.Agent mayperfeci such a lien on the Project byrecording a certificate setting;f0Ah the"amount of-the costs and expense due.and owing ui the<Registryof Deeds.orthe RegistryoI he ,istrict Land' Court for Barnstable County A purchaser of die Project or any,poF49,n thereof will be liable.for:the payment of anyunpaid.costs and expenses that'were the subject of a perfected lien;prior to the purchaser's acquisition of the Project or portion.thereof. MI. MORTGAGEE`GONSENTi The?Owner::represerits and:wamarts that it:has olitamed.the:consent of all existing-mortgagees of:the Project to. the,'executiori and recording oftlthis Agreernent.and to th e:teiins.anct conditaons:Iiereof:aiid thatall such mortgagees have executed-con sent?;to this:,Agreerient IN-WITi'mSS WHEREOF;we hereuntq'set our hands andseals thi 12t i4yof,Apri1,2012. OWNER, BY Printed:• (vjj1. . COMMONWEALTH OE MASSACHUSETM Cquntyof Barns6ble,_ss: On.thLs 12t1i dayof`Apn1:2012 before me,the undersigned notarypubhc,;personallyappeared Stephen A.I}uff,the Owrier(s),proved to rrie.throughsatrsfactoryevxdence of idenufication,wluchwere Massachusetts Dnver's License 1Vo:S40810578,to be the persons)whose naine(s)is signed on;'the preceding or attached document and acknowledged to be-that h_ she signed it-voluntafily' fqr the stated';purposes. `" tary I?Tblic Printed.. Cudy.L..Dabkowslu ��'° I �amnvssion Expires_February29 2016 b , s CINDY L DABKOWSKI tr, Notary public C�MMONWEAL*60JMASSACHUSETTS ° My"60MMi3Slort Expires 2o1: February„29 6 } ,, y1 TOWN OF BARNSTABLE, BY. ACITNGMANAGER COMMONWEALTH-OF MASSAaiUSETTS County of Barnstable,ss: ion this / day of,t4 2012 'doreme ,theluridersi' d no ubhc;'ersonall a eared �3'p P Y pP the Acting Town Manager for the To of Barnstable,proved'to me througk t satisfaeto : _evidence of f, n, itcation,which were.ems l '=% 'Ei s pe ry to the rson whowname s s`igned.on the.prece*g or•attached,document and acl n,lQv led ed.to be Wat he%she signed it voluntarily for the stated•puiposes --?r Notary; ; '1ic- Printed: i G /' t ® l MyCommiss on E fires:. !►+�1Y CJAKs:EY Raj►PubClc o:- :stria 2015 5 J Lull Z-3 I f 'LU 5b+al,m.x x^ eLLJ NSC LU cc LLJ CD ai Ck LJLJ cr- m q' gyLU US m= • (� ...M.m ..v. m C3 �Q Cp=S ^ m v 1� Y ~ s 2 �M CD 2 U CC � m O m �� '�r��'�6 tlli!'��✓G�i'l/��%��' `-�'• r�/ram C,) K7 VAA . ,,,......�.�.;>:r..v.=rr-. r,.crzr_ -a..�-.. __ _'".':ViHUGS�iF,e�F.kPs3Ya5rla�"CCo:.2L•a Y.P.✓Il.a.._.� .t.rt _ "-'�'.+_� , ur W,1;•J�tRLIt n:,rlEy P2tiWtc+�.�•m j - _ .•..'•:�.�' ' „�.,N ,eK�:mrc N--4.emcn._ .�.vV:1rtr4 M ._-.' �G".. .. QIM!'PI;Y u�:� ' „�,rrr•••�-�••'�•a 10'r 'rt �j ,.. �nMef�uO�,'mn'ammr:^nMW ..i;�(:43u'7K1+.Y•GMrn„ r m .... .,.,..,r. an!`'� a. J, !rwr�wr+a,.YY+>scw°ryp.wa"�rw•-, i _ f v g. 1-- �E CO r � 1 ....wm....mr,+oY"a'-_w:� .v.4,.��,....e..-.«r..ora.,,..n....,,...c",.eex.,„ ,.+r.isr: •.. .,,��.. .:. _......:.......-.a,..._.... . I Coyle, Brenda From: Dabkowski, Cindy Sent: Wednesday, October 09, 2013 9:31 AM To: Coyle, Brenda Subject: RE: 1586 Hyannis Road, Barnstable Amnesty I spoke with Mr. Duff He does have his building permit. He states that he will complete the process by the end of the week (10/11/13) please keep me posted. Thank you Cindy Dabkowski -----Original Message---- From: Coyle, Brenda Sent: Tuesday,October 08,2013 12:24 PM To: Dabkowski,Cindy Subject: 1586 Hyannis Road, Barnstable Amnesty Hi Cindy, Have you spoken to Stephen Duff lately. He still needs a final inspection for the Apartment. I think the last time he was here he had lost his Permit Card that needs the final inspection. Could you please contact him and remind him has not finished the process. Thank you, Brenda Coyle 1 �a�cn S`�,e v e vl IJ f Y ~ llG.✓ r � ` tt�' Imo, � r to Lhr i- 791� 717 ., .. ...�.-j A YTO 6u-�Vy� �nl Iz�lz �R OldLe I 0 t Coyle, Brenda From: Coyle, Brenda Sent: Wednesday, August 22, 2012 9:11 AM To: Dabkowski, Cindy Subject: RE: FYI Thank you. -----Original Message----- From: Dabkowski,Cindy Sent: Wednesday,August 22,2012 8:56 AM To: Coyle, Brenda Subject: RE: FYI Thank you, I will try to reach him today, I will keep you posted. Cindy -----Original Message----- From: Coyle, Brenda Sent: Wednesday,August 22, 2012 8:48 AM To: Dabkowski,Cindy Subject: RE: FYI Hi Cindy, No Mr. Duff has not come to the building P de t. yet. Thank you, Brenda Coyle -----Original Message----- From: Dabkowski,Cindy Sent: Wednesday,August 22, 2012 8:46 AM To: Coyle, Brenda Subject: RE: FYI Hello Brenda Have you met with Mr. Duff of 1586 Hyannis Road as of today (8/22/12). He is requesting to reschedule our appointment for today. I will be calling him shortly- Cindy -----Original Message----- From: Coyle, Brenda Sent: Wednesday,August 15, 2012 1:44 PM To: Dabkowski,Cindy Subject: RE: FYI Thank you, Cindy he does need to come in, he has a tenant already living in the apartment which is still considered illegal. Thank you, Brenda Coyle -----Original Message----- From: Dabkowski,Cindy Sent: Wednesday,August 15, 2012 1:13 PM To: Coyle, Brenda Subject: FYI Hello Brenda Mr. Duff rescheduled our appointment for 8/22/12. 1 reminded him that he needed to see you. He is aware-he mentioned speaking with Robin. Keep me posted. 1 Thank you Cindy 2 f Town of Barnstable • �� • Regulatory Services 9 MASS. g 1639. Thomas F. Geiler,Director Ep Mp'l Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 May 9, 2012 Stephen A. Duff 1586 Hyannis Road Barnstable, MA 02630 Re: Amnesty Apartment Dear Mr. Duff: We have received the recorded Regulatory Agreement and Comprehensive Permit No. 2011-038, for the accessory affordable apartment at your address. A building permit is required whether the unit is new or pre-existing. We look forward to receiving your building permit application for the apartment. Please call me if you have any questions regarding the building permit process. Sincerely, Brenda Coyle Division Assistant amnbp Coyle, Brenda From: Perry, Tom Sent: Tuesday, November 15, 2011 4:02 PM To: Coyle, Brenda Subject: RE: 1586 HYANNIS ROAD, BARNSTABLE I was out there the other day;thanks -----Original Message----- �. From: Coyle, Brenda �. Sent: Tuesday, November 15, 2011 2:11 PM To: Anderson, Robin; Barrows, Debi; Perry,Tom Subject: FW: 1586 HYANNIS ROAD,BARNSTABLE FYI!!!! -----Original Message----- ' I From: Dabkowski,Cindy Sent: Tuesday, November 15,2011 1:38 PM a � To: Coyle, Brenda ��t- A iti0+104L Subject: RE: 1586 HYANNIS ROAD,BARNSTABLE �QY -tv This person has applied - I will keep you posted - (�I ,� � Cindy _ T `fv -----Original Message-- From: Coyle, Brenda Sent: Thursday, November 03,2011 11:07 AM To: Dabkowski,Cindy ( " Subject: RE: 1586 HYANNIS ROAD,BARNSTABLE He wants to reapply. Told him he needs to contact you. This was in response to a letter I sent statin a needed to pull a building permit to restore to a single family home, at this time he's not in compliance. -----Original Message----- From: Dabkowski,Cindy Sent: Thursday, November 03,2011 10:59 AM To: Coyle,Brenda Subject: RE: 1586 HYANNIS ROAD, BARNSTABLE Thank you Brenda-What did he call about-what are his intentions a -----Original Message----- From: Coyle,Brenda `•C Sent: Thursday, November 03,2011 10:54 AM To: Dabkowski,Cindy Subject: 1586 HYANNIS ROAD,BARNSTABLE �. Hi Cindy, Just had a call from Stephen Duff of 1586 Hyannis Road, Barnstable. His Comprehensive Permit number 2005-050, this permit was revoked due to the fact he did not act upon it in time. His phone number where he can be reached is 508-362-2707. 1 also, gave him your phone number. Please keep me posted. He needs to pull a permit to restore this to a single family home. Thank you, Brenda Coyle 'tJ 1 ,0120 II C� Coyle, Brenda From: Dabkowski, Cindy Sent: Tuesday, November 15, 2011 1:38 PM To: Coyle, Brenda Subject: RE: 1586 HYANNIS ROAD, BARNSTABLE This person has applied - I will keep you posted - Cindy -----Original Message----- From: Coyle, Brenda Sent: Thursday, November 03,2011 11:07 AM, To: Dabkowski,Cindy Subject: RE: 1586 HYANNIS ROAD,BARNSTABLE He wants to reapply. Told him he needs to contact you. This was in response to a letter I sent stating he needed to pull a building permit to restore to a single family home, at this time he's not in compliance. -----Original Message----- From: Dabkowski,Cindy Sent: Thursday,November 03, 2011 10:59 AM To: Coyle, Brenda Subject: RE: 1586 HYANNIS ROAD,BARNSTABLE Thank you Brenda-What did he call about-what are his intentions -----Original Message----- From: Coyle, Brenda Sent: Thursday, November 03,2011 10:54 AM To: Dabkowski,Cindy Subject: 1586 HYANNIS ROAD, BARNSTABLE Hi Cindy, Just had a call from Stephen Duff of 1586 Hyannis Road, Barnstable. His Comprehensive Permit number 2005-050, this permit was revoked due to the fact he did not act upon it in time. His phone number where he can be reached is 508-362-2707. 1 also, gave him your phone number. Please keep me posted. He needs to pull a permit to restore this to a single family home. Thank you, Brenda Coyle i 1 Stephen A. Duff 1586 Hyannis Road Barnstable,MA 02630 November 21, 2.011 298-01-8-001 1586 Hyannis Road Barnstable,MA 02630 Accessory Affordable Apartment Program—9-14 Finding: na"w TM On November 10,2011,the Building Commissioner and Program Coordinator inspected the property addressed 1586 Hyannis Road Barnstable, MA. The accessory unit is located in the uppeleve of the attached garage (left of main house). The apartment unit is configured as an approximate 550 squaterfo0 I -bedroom unit with an open floor plan kitchen and living area, one bedroom and one bathroom as per or plans s, fitted November 14, 2011(Accessory Apartment). , The main house is configured as a four bedroom home. The main oor layout consists of a liven q oom,dining room,kitchen, one bedroom, and one bathroom. The upper,lee main house)consisted of threeed oms and a bathroom. wW y „ ww wW The total number of bedrooms on the property currently is five. The 6 neowner will work with the health department to acquire approval to enter the'Accessory Affordable Apartmen Program. The property is a 1.00-acre lot. The lot was developwd,r1Q0 with a single f� lw�ape Cod style home. The lot is served by public water and public sewer(acct.Nu" ber 2 58) The living areawq"fA`e structure is 2,594 square feet. Conditions Building Commissioner Perry determined that the homed er shall upgrade/add hardwired smoke detectors and carbon monoxide detectors w.ithin tfWa tessory apartmen wwA heat detector shall be added to the garage The homeowner shall gee ock the entire.main level of the atta_ched garage. The homeowner shall add a hand q, tto:bbth. ,..9.ihtemal and:e eternal egress for the accessory apartment. � y'�wwww t wzy `4 wwr w* r w w� �ww w The homeowner wl requiethe tenant to clear the furniture and other items from in front of the egress door within 1%1� w . the accessory apartment. This a ea shall remain clear. 0 4%t ; The hom&On' r will add heat exchanger to cA.xnt heating system to provide heat source to the accessory apartment. w4ww,�wyw�'w� w w The homeowner4s all,submit floor plans prior to commencement of the Accessory Affordable Apartment Program process. The homeowner shall subnt three estimates for rehabilitation work(listed above)to be done to the accessory apartment ww All parking for the accesso , artment and the main dwelling shall at all times be on-site. The current driveway capacity appears to be possible to accommodate the additional parking. The unit must meet all applicable health and building codes to be,occupied and the Building Division and the Fire Department will be inspecting the unit for compliance with all building and fire codes. Occupancy of the affordable unit shall not exceed two (2)people. The total number of bedrooms on the property shall not exceed five (5). The property owners Stephen A. Duff shall occupy the main dwelling as his primary residence. The accessory unit shall not be occupied by a family member of the owner. Coyle, Brenda From: Coyle, Brenda Sent: Thursday, November 03, 2011 11:07 AM To: Dabkowski, Cindy Subject: RE: 1586 HYANNIS ROAD, BARNSTABLE He wants to reapply. Told him he needs to contact you. This was in response to a letter I sent stating he needed to pull a building permit to restore to a single family home, at this time he's not in compliance. -----Original Message----- From: Dabkowski,Cindy Sent: Thursday, November 03, 2011 10:59 AM To: Coyle, Brenda Subject: RE: 1586 HYANNIS ROAD, BARNSTABLE Thank you Brenda-What did he call about-what are his intentions -----Original Message----- From: Coyle, Brenda Sent: Thursday,November 03,2011 10:54 AM To: Dabkowski,Cindy Subject: 1586 HYANNIS ROAD,BARNSTABLE Hi Cindy, Just had a call from Stephen Duff of 1586 Hyannis Road, Barnstable. His Comprehensive Permit number 2005- 050, this permit was.revoked due to the fact he did not act upon it in time. His phone number where he can be reached is 508-362-2707. 1 alsa, gave him your phone number. Please keep me posted. He needs to pull a permit to restore this to a single family home. Thank you, Brenda Coyle 1 Coyle, Brenda From: Dabkowski, Cindy Sent: Thursday, November 03, 2011 10:59 AM To: Coyle, Brenda Subject: RE: 1586 HYANNIS ROAD, BARNSTABLE Thank you Brenda-What did he call about-what are his intentions -----Original Message----- From: Coyle, Brenda Sent: Thursday,November 03,2011 10:54 AM To: Dabkowski,Cindy Subject: 1586 HYANNIS ROAD,BARNSTABLE Hi Cindy, Just had a call from Stephen Duff of 1586 Hyannis Road, Barnstable. His Comprehensive Permit number 2005-050, this permit was revoked due to the fact he did not act upon it in time. His phone number where he can be reached is 508-362-2707. 1 also, gave him your phone number. Please keep me posted. He needs to pull a permit to restore this to a single family home. Thank you, Brenda Coyle 1 r Bk 23440 P:9 17 1 6937 l 02-11-2.009 BABNMELE IfABE 'u9 JAN 16 3 :3 9 Town of Barnstable Zoning Board of Appeals Decision—Revoked Comprehensive Permit Duff—Appeal 2005-050 Comprehensive Permit—MGL Chapter 40B Summary 'Determination that Comprehensive Permit is Revoked Applicant(s): Stephen Duff Property Address: 1586 Hyannis Road,Barnstable,MA Assessor's Map/Parcel: Map 298,Parcel 018/001 Zoning: Residential F District Background: Stephen Duff applied to the Town of Barnstable for a comprehensive permit under the Accessory Affordable Apartment Program pursuant to Article II of Chapter p Nine of Part 1, General Ordinances of the Code of the Town of Barnstable. The applicant was seeking to convert an existing detached un-permitted one-bedroom apartment located above the detached garage of a single-family dwelling into an accessory affordable apartment. Comprehensive Permit Number 2005-050 was issued to the applicant on June 9,2005. A Regulatory Agreement and Declaration of Restrictive Covenants were recorded at the Barnstable County Registry of Deeds on April 11,2006 in Book' 0904 and Page Number 271. The owner has not complied with the guidelines of restrictive covenants and the unit has not been occupied. Therefore,the property shall be restored to a single family residence to comply with local zoning. Procedural&Hearing Summary: A public hearing..' as duly advertised in accordance with MGL Chapter 40A and notice sent to the applicant that the hearing would be held to review and act upon the request to revoke the permit. The hearing was opened on October 29, 2008, and the Zoning Board of Appeals Hearing Officer made the following findings and decision: Findings of Fact:. At the hearing on.October 29, 2008 the Zoning Board of Appeals Hearing Officer made the following findings of fact: In Appeal 2005-050,the applicant, Stephen Duff, sought to convert an existing detached un-permitted one-bedroom apartment located above the-detached garage of the a single-family dwelling into an affordable accessory apartment in accordance with all the conditions of the permit. The property is shown on Assessor's Map 298 Parcel 018/001 and.is commonly addressed as 1586 Hyannis Road, Barnstable, MA in Residential F and WP and GP Overlay Districts. On June 9, 2005, a comprehensive permit was issued for the property. A Regulatory Agreement and Declaration of Restrictive Covenants were recorded at the Barnstable County Registry of Deeds on April 11, 2006 in Book 20904 and Page Number 271. The owner has not complied with the guidelines of restrictive covenants and the unit has not been occupied. Therefore,the property shall be restored to a single family residence to comply with local zoning. I . t Decision: At the hearing on October 29,2008 the Hearing Officer determined that comprehensive permit 2005-050 issued to Stephen Duff of 1586 Hyannis Rd,Barnstable,MA is no longer valid and is hereby revoked. Transmission: In accordance with Part 11, Section 4.02 and Part I1I, Section 3.72 of the Town 'of Barnstable Administrative Code,the Hearing Officer transmitted the written decision to the Zoning Board of Appeals on November 19, 2008. As fourteen days have elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes final. Ordered: Comprehensive Permit 2005-050 is null and void. "a fiJu. � iU7 Laura Shufe t, Hearinj Officer Date Signed 1,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 had been filed in the office of the Town Clerk X Signed and sealed this day o� under the pains and penalties of perjury. 1 . inda Hutchenrider, T�'wii Clerk: 2 4 �+ Town of Barnstable Regulatory Services 4 8A11T1n& Thomas F. Geiler,Director 109• , ArEo�„s►r" Building Division Thomas Perry, CBO,Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 October 26, 2011 Stephen Duff 1586 Hyannis Road Barnstable, MA 02630 Dear Mr. Duff: We are sending this letter to you regarding the Revoked Comprehensive Permit 2005-050 from the Growth Management Department for an affordable apartment at 1586 Hyannis Road, Barnstable, MA 02630. This determination was recorded at the Barnstable Registry of Deeds on February 11, 2009. As you know, a building permit is required to restore the property to a single-family dwelling. Enclosed is the building permit application for you to complete and submit to us. Failure to comply will result in enforcement action. s Sincerely, Brenda Coyle Building Division Ass' tant Enclosure cc: Robin Anderson Zoning Enforcement Officer 12/22/08 Paul, Stephen Duff, 1586 Hyannis Road, Barnstable, will be calling you. He has two open permits, 87601, for a breezeway, family room, bedroom, baths, and 200700692 for an Amnesty apartment. I called him today to check on the status of the Amnesty permit, which was issued on 2/8/07. He said he ran out of money and can't see that he'll be able to finish the apartment. I told him he would have to take out a permit to restore to a single family. If you talk to him, let me know, and let's get this one moving one way or the other. z Fife Edlt Tools Hetp �! -- -_- Deta� Application 2007CM2 Applicant OPERl �- a �,�"m`"• �-` � �r" 1 r e'N�^ t x�e�+ "" �r �r a ,,a,: :' :-• •="'^ Cone_ct status ACTIUE O/rnrrr, - 17 Department 830{t BUILDING DEPARTMENT' I]UFF STF3HEN1 nY , I CkaselDe Project/Activity. t NESTY" /CONSTR RESIDEI�ITI L Cantrador dN'arlsflod+ Description 1 OPENBNG 9NALLS TO EXPOSEWIRING 9 PLUMBING REC-ONSTPUCTING77- n Business M Description I TO Li C01?JDITI0 �r�lwlt EST` 1?I�R IT hIE JS Ct3 �6 p � d. L:Pa�ng�Mise"' 3 assigned to s Pn?PI+�Y s i riWPropertylUse Non-Confi�rrnrng � Dates�tisc Permits ", 'Business Mast - r: location. Unit a. Ex+s�r+gusE 1t11tk aXia Sll FIFeactt�rate" ... i I Street HYANNJS ROAD zoning SPLT SPLIT ZOh " ljust Fees t Parcel �981141 h emo N i Esaou� R9unrc�palrtgr BAFtI BAR.hJSTABIE .5 Subdi+rtsion 1' flood acme kX Im Misc;lags" � LoffSectiortrPhase''" 4 F' Proposed use 1II18 5I 3tF Paymtlistary ,, Between zoning .. 4 and memo t I� .�udr��ist[r►y.m.,� � .w�.-. - ._ ! t Locatrondesc LOT 1 it t Summ�emart m.�.-H «, � R;'. �""� ' *'^x* �:,�." •§ � is� i P 9 r+<s q -`""^w " , "f 'CaPYP. " �� Prerequisites sC3 Hazrd/Rest ( dames '(( °Bonds [.;S A�drs Te�v# Plan Re+rre+ 9 � Permtt Alerts," , ? + f h - --== ( Pnar History Inspections~ 'iiolations �Revievys t( Open Items Warnings Fred Related t 1 link In 77 gg a a ,t arntarn prgject/ai trvrty,detail for the current application File i=dit Taois .Helpij UK I ENT I ® t r plicatio 2 47fl+DS 2 +� pplrcant O lhl PROPERTYOY us .; CTiVE Omer lSi partment 634+t} BUILDING DEPMTt;SENT DUB STEPHEtJ A jed/Activity S }"AMNESTY, i' CONST RESLDEt Tir L ar�� . . Corttrct M d schption 1 OPElJ11JG WALLS TO EXPOSE WIRING&PLUMBING,RECONSTRUCTING tBus7ness _i scriptian 2 TO LI 'tBLE COND1TaON a i Ih E$JY, FZhtiT tE,E C } 'fees'effet a 2' 7 ' y As srgnedta f .�.,...........v..,�s,.. '" pert+jfUse IJan�siifarmrng Dates ;` � - I L, Pefts € gyp. a Siatus �Issued,4 Reskrtr� Canty dt�r � 4 i I ES E.L'EC REVIEWING I ESADD'r4LT ISSUED 42,108;•"1f14 PROPERTYOWNER t 00 R'ESDNT REVIEWING PROPERTYOWNER �3 ry 1 eq xn " 4� B y_ f Wrw...v*oe>•..a ... -.f ^a'.a' a*. "+r.4 Y � i� i T PrprequrS�fs aara3r�Rstr 1 ' `3r�s; } a[ Scrstis f ' st"srdrs T P1ar Fere; ] (� Pnor rst>,r [��;irtspectiurs L �r�claticras ,P� IWAS (�j O�en,ft�rns ' [��'I�rnirac�s Prnd Related �a x ,o- µ A. itq i 4 t My He Edit Tools Help M S�1Zedute . Type; Requ ed ScFled�led� ��Tm� lrrspeator:,, ,, �#� ed Res' If ; ._ .,M Field Shea M I ' INAL Epp F,rofile ! t ERO UG H 1 W I I ESRVC I N S P I u I FOUND 1 Y j FRAME 1 GAS FIN 1 GAS ROU 1 ; INS INSP 1 : 1 EF' 1- ' PLUM FIN 1 I ` I l i PLUM ROU 1 € 777777777777 --tg 4I& ,'C TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION mdp D?l Parcel (�/ Application# c904^10i� � Health Division Conservation Division Permit# Tax Collector Date Issued 6?�� Treasurer Application Fee Planning Dept. Permit Fee_ . j,S y! Date Definitive Plan Approved by Planning Board 0� Historic-OKH Preservation/Hyannisxw All PS Project Street Address I S-(9 6 14V ^� l S J. Village t�cz, Yq S - �/- Owner S 7 C P f-1 i=A-) I cf r Address a m-e- Telephone �0�� .�? S- �j 0 is 'i (S0 -1 0� / Permit Request in P:R n i(T q Cu ,�� ) .Q��IQ 0!q C4 i r t moo, l.0 cA t `u G C t Square feet: 1st floor:existing proposed 2nd floor: proposed 66 Total new! Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family mr' Two Family ❑ Multi-Family(#units) Age of Existing Structure 1 5_0 61_0_�{istoric House: ❑Yes 1Vo On Old King's Highway: , Yes �:O No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other S Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) - C Number of Baths: Full:existing new Half:existing new Number of Bedrooms: existing _ new Total Room Count(not including baths):existing _ new First Floor Room Count Heat Type and Fuel: ETIGas ❑Oil ❑Electric ❑Other Central Air: ❑Yes O<oo Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:0 existing ❑new size Pool:❑existing ❑new. size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION 1 NameJ �,�);cc� ;S'T�{)� Cl`FFelephone Number 31 " 2 ? 01 •t. Address L<562 g n i/J < License# c c-�r� YYI.►�1— Off 'O Home Improvement Contractor# Worker's Compensation# y ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO u�L i L Cam. SIGNATURE DATE FOR OFFICIAL USE ONLY r 7 PERMIT NO. I ; D,tTE ISSUED I MAO�P/PARCEL NO. 1 , ADDRESS. VILLAGE OWNER DATE OF INSPECTION: a 1 + FOUNDATION f FRAME f INSULATION r FIREPLACE ELECTRICAL: ROUGH FINAL , i PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING i DATE CLOSED OUT ASSOCIATION PLAN NO. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations A + a 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): Address: 1 r) » �2 6 ; 6S 6-.LA City/State/Zip: y YO 1,9- Phone.#: Are you an employer?Check the appropriate box: Type of project(required):. 1.❑ I am a employer with 4. ❑ I am a general contractor and I 6. ❑New construction . mployees(full and/or part-time).*. have hired the sub-contractors 2. I am a sole proprietor or partner- listed on the attached sheet. 7. [V�Remodeling ship and have no employees These sub-contractors have g, ❑Demolition working for me in any capacity. employees and have workers' 9. ❑Building addition [No workers' comp.insurance comp.insurance. equired.] 5. ❑ We are a corporation and its 10.[ lectrical repairs or additions 3. I am a homeowner doing all work officers have exercised [their 11. lumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.]t c. 152, §1(4),and we have no employees.[No workers' 13.❑ Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is.the policy and job site information. Insurance Company Name: d r L4 1'Yl.0_ h. Policy#or Self-ins.Lic.M Expiration Date: Job Site Address: Az /9 City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby c nder the pains and penalties of perjury that the information provided abolrve,is true and correct. Signature: Date: Phone# Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: F Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152,§25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for.the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,,if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in city or . town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number:. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02.111 Tel. ##617--727-4900 ext 406 or 1-877-MASSAFE Fax#617-727-7749 Revised 11-22-06 www.mass.gov/dia °ptflET°,,� Town of Barnstable Regulatory Services' BanxsrnBM ' Thomas F.Geiler,Director Ma'ta`m Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 ice: 509-862-4038 Fax: 508-7.90-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adiacent to such residence.or building be done by registered contractors,with certain exceptions, along with other . requirements. 1 Type of Work: /u j'N-C�[-�-� I ��/�9 U 77 ^1 44zated Cost G vi P Address of Work: Owner's Name Date of Application: I hereby certify that: Registration is not required for the following reason(s): OWork excluded by law ❑Job Under$1,000 FlBuilding not owner-occupied EfOwner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. OR Date Owner's Name Q:fonnslomeaffidav r Table a ib(een3laned) pmcrig#tas pukaj+d for dns and 7WQ-Fwdli AesidrAtW Ba4ldia0 Belled idth Z+'a�li F�e1s• . •Z;iAXfMVM MINtMVM •Hea�ia�lCaa1lri� Cel3lns .Wail Floor .B&:UM=& R �CiCt ►iWm�MdM� tila�ag i WatI Pais ,rear�'l.) V•vald2� j!,•yaluer* A nlue iafua� � ' Max 00 Be'stln egcee Da • l 9 lQ B 1+lorcw - 1Z'l. Normal !Z'l.' O•SQ 3a 19 19 l0 Z+tlA ___.l�!J.�._. 0�� • _ 31R 13 ZS IAA - --� ' • 3! 19 19 10 '�.:ISYi 0.4e1' •-•�k as:AF'ET$ _.. w,•1SY. • 0, - as ';• '�'_ A21 351A • 0.3t : 30 •'1 '•.. ZS 1�/A IVA arasal of •; 38 N/A l�ortcsal 0.42• 3E !9 NA AM 0.42 31 13 19 10 0 • ,tBYi 90 19 a 30 1-9 to n , •ADDEESS OF PROPERTY; ' •• ;• 'a , SQUARE FQOTo� AGE . �QVARE FOOTACiE'OF ALL'4t AZING: o AREA(43 DIVMED BY##B): /o GLA7�N4 SELECT PACKAGE(Q--AA-sae chart above): ' =OLVED UMTHODS-OF DETER G EI;IBRGY�QUIEtEMEKT5 , • ARE AVAILABLE, ASK US FORMS INFORMATION,. BUILDING INSPECTOR APPROVAL; ' WIN ISO. . gdarms•�g4393a �� B k 2�i9e 4 Ps 267 �21934 04-11-`1 eo�6 � 12 4 4 5P 3: 04 1 SARNMUZ 639, Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2005-050-Duff Decision-Chapter 40B Comprehensive Permit Applicant: Stephen Duff Property Address: 1586 Hyannis Road, Barnstable, MA Assessor's Map/Parcel: Map 298, Parcel 018/001 Zoning: Residential F Zoning District Applicants: The applicant is Stephen Duff,who resides at 1586 Hyannis Road,Barnstable MA. Mr. Duff was granted title to the property by deed recorded in the Barnstable Registry of Deeds on September 1, 1995 as recorded in Book 09826, Page 0294. Relief Requested: The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article Il of Chapter Nine of the Code of the town of Barnstable,more commonly termed the"Accessory Affordable Housing Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9- 14 of the Code—Amnesty Program to permit an accessory apartment unit to a single-family owner- occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit over the detached garage. Locus and Background: The property at issue is a one acre lot located at 1586 Hyannis Road in Barnstable. The effective living area of the main residence is 1,614 square feet. The accessory apartment is a one-bedroom unit located above the detached garage. The square footage of the rental area is approximately 525 square feet. The lot is served by public water and sewer, and is located within an Aquifer Protection Overlay District. On March 15, 2005,the town of Barnstable's Public Health Division reviewed the application and had no objection to five(5)bedrooms at this property. Procedural Summary: .A site approval letter was issued for the property by Kevin Shea, Director of Community&Economic Development on April 19, 2005, in accordance with MGL Chapter 40B and 760 CMR. Elizabeth Dillen, Program Coordinator, sent notice of the site approval letter to the Department of Housing and Community Development in accordance with the requirements of CMR 760. An application for a Comprehensive Permit was then filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals on May 5, 2005. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on May 6, 2005 and May 13, 2005, and notices were sent to all abutters in accordance with MGL Chapter 40B. On May 25, 2005 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Stephen Duff,was present at the hearing. Elizabeth Dillen, Program Coordinator of the Office of Community and Economic Development was also present. Ms.Nightingale reviewed the file with the Applicant to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on May 25,2005 the Hearing Officer made the following findings of fact: 1. The applicant is Stephen Duff who resides at 1586 Hyannis Road, Barnstable MA. He is requesting a Comprehensive Permit to convert an existing one-bedroom apartment above the detached garage into an affordable rental unit. The conversion of the unit to an accessory affordable unit within a single- family owner-occupied residential dwelling qualifies for the "Accessory Affordable Housing Program." . 2. Stephen Duff was granted title to the property by deed recorded in the Barnstable Registry of Deeds on September 1, 1995 as recorded in Book 09826, Page 0294. 3. A site approval letter was issued for the property by Kevin Shea, Director of the Office of Community&Economic Development, on April 19, 2005, in accordance with MGL Chapter 40B and 760 CMR. On that same day Elizabeth Dillen,Program Coordinator, sent notice of the site approval letter to the Department of Housing and Community Development in accordance with the requirements of CMR 760. and no issues were communicated from the Department of Housing and Community Development on this particular application. 4. The proposed accessory affordable unit is approximately 525 square feet, and is located above a detached garage. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and sewer and is in an identified Aquifer Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he had no objection to five (5)bedrooms at this property. 7. On March 15, 2005 the applicant signed an Accessory Affordable Housing Program Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit,to the recording at the Barnstable Registry of Deeds, a Regulatory Agreement and Declaration of Restrictive Covenants. That document includes restricting the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as her year-round residence. 8. The applicant understands that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income(AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA).and further agrees that rent(including utilities) shall not exceed 30%of the monthly household income of a household earning 80%of the median income, adjusted by household size. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of May 25, 2005, 6.3% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 2 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. Finding Summary: Based upon the findings, the Hearing Officer ruled that the applicant has standing to apply for an affordable housing Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B.to the applicant, Stephen Duff. It is issued to allow for the creation of a one-bedroom affordable housing unit in accordance with the following conditions: . 1. Occupancy of the affordable unit shall not exceed two people. 2. The property owner shall occupy the principal dwelling as his year-round residence. 3. This unit shall not be occupied by a family member of the owner(s). 4. All parking for the accessory apartment and the main dwelling shall be on-site. 5. To meet the requirements of affordability,the cost of housing(including utilities) shall not exceed 30%of 80%of the median income for a single individual for the Barnstable-Yarmouth MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 6. All leases shall have a minimum term of one year. 7. The Office of Community and Economic Development shall serve as the monitoring agent for the accessory apartment. 8. The applicant must apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 9. The applicant may select his own tenant provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Office of Community&Economic Development of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs,notice must be given to the Office of Community &Economic Development and the unit must be listed with the Town. 3 10. 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 shall the applicant file with the Office of Community& Economic Development of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 11. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the Office of Community&Economic Development of the town of Barnstable shall be notified within 60 days the name and address of the new owner. 12. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2005-050 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code 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. In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code,the hearing officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on May 25,2005. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. Ga Nightingall Hearing Ler 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 ani , ,tMb\\\\,, appeal of the decision has beppfiled i the office of the Town Clerk. Signed and sealed this�daY o under the pains and 1Res f Jw-y. . cit d vs c^, • 7 Linda Hutchenrider,Town Clerk , BARNSTABLE REGISTRY OF DEEDS 4 � . E'k 20904 Ps 271 *21935 04-11-2006 12 4-So REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AG EMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this Z,<,�day of Allk,, ,2006,by and between Stephen A. Duff of 1586 Hyannis Road, Barnstable,MA 02630 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 1586 Hyannis Road, Barnstable, MA 02630 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 9826,Page 294. B. The Project located at 1586 Hyannis Road, Barnstable, MA 02630 will consist of one accessory apartment apartment unit which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable Unit" or the "Unit"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2005-050 and anyplans submitted therewith and all applicable state, federal.and munici}ppal laws and regulation.4aid permit is recorded herewith as Barnstable County Registry of Deeds Booka(7 0 Page oo�� D. The Owner agrees to occupy the principal dwelling unit located on the property as their year round residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable- Yarmouth MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or, as applicable,has c not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a parry or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be sat fi,d in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES L. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the 2 i 'Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. iX: HOLD HA" LESS: The Owner hereby agrees to indemnify and hold harniless 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 P tY g � g �l g � P P rn fee necessitated b such actions.alto e s s. Y Y i X. ENTIRE UNDERSTANDING: A- This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall run with the land described in deed recorded herewith as. Barnstable County Registry of Deeds Book 9826, Page 294 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 9826,Page 294. M. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 I. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merelypersonal covenants of the Owner,and (iii) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XIII. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent mayperfect such a lien on the Project byrecording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XIV. MORTGAGEE CONSENT: The Owner represents"and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this 7s day of tka-n \ ,200(o OWNE R BY: Signature Printed: Stephen A.Duff COMMONWEALTH OF MASSACHUSEM County of Barnstable,.ss: On this zs day of ewMA 20Mbefore me,the undersigned notary public,personally appeared the Owner(s) ,proved to me through satisfactory evidence of identification,which wererhf ;�� ;� ,to be the person(s) whose name(s) is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. 4y4l�tSs�ltalC6ti°jrl � 4qn M? �;•moo v.�`'�d�.��j�`;C" . c :g.Q�41t a '•pis Notary ublic '° * 0 Printed: ��,,��,.�� „�`/, ,y My Commission Expires: , �( �;� '�`�� I� ,per �' c •c`�. QO }yl i TOWN OF B STABLE BY: Signature Printed:TOWN MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this day of .Mat(_ 206i 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 fxy)oMll y K/�QW/) ,to be the person whose name is signed on the preceding or attached docurnent an'd acknowledged to be that he/she signed it voluntarily for the stated purposes. Nota u he Printed: My Commission Expires: OFFICIAL SEAL - i�• `1 �''. is ay.a LINDSAY DAWN STRANGER NOTARY PUBLIC r t COMMONWEALTH OF MASSACHUSETTS `�'• J ;�: 7 t ' •. Mp Comm.Expires DeC.14,2012 y44 'At A6�•Rf t . l- 5 BARNSTABLE REGISTRY OF DEEDS V i 7 1 G 41 f�. • 'I'� ... 619. prF0 MPS Town of Barnstable Zoning Board of Appeals Comprehensive Permit vision and Notice Appeal 200_" —Duff Decision - Chapter 40B Comprehensive Permit Applicant: Stephen Duff Property Address: 1586 Hyannis Road, Barnstable, MA Assessor's Map/Parcel: Map 298,Parcel 018/001 Zoning: Residential F Zoning District Applicants: The applicant is Stephen Duff, who resides at.1586 Hyannis Road, Barnstable MA. Mr. Duff was granted title to the property by deed recorded in the Barnstable Registry of Deeds on September 1, 1995 as recorded in Book 09826, Page 0294. Relief Requested: The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with.Article Il of Chapter Nine of the Code of the town of Barnstable, more commonly termed the,"Accessory Affordable Housing Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9- 14 of the Code—Amnesty Program to permit an accessory apartment unit to a single-family owner- occupied residential dwelling,.The issuance of this Comprehensive Permit would allow.for an accessory affordable apartment unit over the detached garage. Locus and Background.: The property at issue is a one acre lot located at 1586 Hyannis Road in Barnstable. The effective living area of the main residence is 1,614 square feet. The accessory apartment is a one-bedroom unit located above the detached garage. The square footage of the rental area is approximately 525 square feet. The lot is served by public water and sewer, and is located within an Aquifer Protection Overlay District. On March 15, 2005,the town of Barnstable's Public Health Division reviewed the application and had no objection to five (5)bedrooms.at this property. Procedural Summary: : %:-,;;n. A site approval letter was issued for the property by Kevin Shea, Director.of Community`&Economic Development on April 19, 2005, in accordance with MGL Chapter 40B and 760 CMR. Elizabeth Dillen, Program Coordinator, sent notice of the site approval letter to the Department of Housing and Community Development in accordance with the requirements of CMR.760. An application for a Comprehensive Permit was.then filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals on May 5, 2005. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on May 6, 2005 and May 13, 2005, and notices were sent to all abutters in accordance with MGL Chapter.40B. �. r On 25 2005 Hearin Officer Gail_Nightingale, resided over the public hearing. The applicant, y gP. P g• pp Stephen Duff, was present at the hearing. Elizabeth Dillen,Program Coordinator of the Office of Community and Economic Development was also present. Ms. Nightingale reviewed the file with the applicant to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on May 25,2005 the Hearing Officer made the following findings of fact: ,. . 1. The applicant is Stephen Duff who resides at 1586.Hyannis Road, Barnstable MA. He is requesting a Comprehensive Permit to convert an existing one-bedroom apartment above the detached garage into an affordable rental unit. The conversion of the unit to an accessory affordable unit within a single- family owner-occupied residential dwelling qualifies for the "Accessory Affordable Housing Program." 2. Stephen Duff was granted title to the property by deed recorded in the Barnstable Registry of Deeds on September 1, 1995 as recorded in Book 09826, Page 0294. _.. 3. A site approval letter was issued for the property by Kevin Shea, Director of the Office of Community.&Economic Development, on April 19,2005, in accordance with MGL Chapter 40B and 760 CMR. On that same day Elizabeth Dillen, Program Coordinator, sent notice of the site approval letter to the Department of Housing and Community Development in accordance with the requirements of CMR 760. and no issues were communicated from the Department of Housing and Community Development on this particular application. 4. The proposed accessory affordable unit is approximately 525 square feet, and is located above a detached garage. 5. The applicant is aware that the unit must meet all applicable.building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and sewer and is in an identified Aquifer Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he had no objection to five (5)bedrooms at this property. 7. On March 15, 2005 the applicant signed an Accessory Affordable Housing Program Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit, to the recording at the Barnstable Registry of Deeds, a Regulatory Agreement and Declaration of Restrictive Covenants. That document includes restricting the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as her year-round residence. 8. The applicant understands that the affordable unit will be rented to a person or family whose income is 80%.or less of the Area Median Income.(AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and further agrees that rent(including utilities) shall not exceed 30% 8'Tthe 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 May 25, 2005, 6.3% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the'-statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 2 or IL1 Implemenling reeUIM101I6. I IIc 1 4WIl Ul L)MUS aUM S LUl;dl L,umpicacnwyc i iali c it uulab'cJ Liic use-of existing housing to create affordable units and the dispersal of these units throughout the town. 0 hid a Summary: r-pon the findings;the Hearing Officer ruled that the applicant has standing to apply for an le housing Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Iry Apartment Program. The proposal is also deemed consistent with local needs because it �uatel.y promotes the objective of providing affordable housing for the town of Barnstable without dining the health and safety of the occupants provided all conditions of the Comprehensive Permit t strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicant, Stephen Duff. It is issued to allow for the creation of a one-bedroom affordable housing unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two people. 2. The property owner shall occupy the principal dwelling as his year-round residence.. 3. This unit shall not be occupied by a family member of the owner(s). 4. All parking for the accessory apartment and the main dwelling shall be on-site. 5,. To meet the requirements of affordability, the cost of housing (including utilities) shall not exceed 30% of 80% of the median income for a single individual for the Barnstable-Yarmouth MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 6. All leases shall have a minimum term of one year. 7. The Office of Community and Economic Development shall serve as the monitoring agent for the accessory apartment. 8. The applicant must apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge . requirements. 9. The applicant may select his own tenant provided the tenant meets the requirements of tk .program as cited above and.provided that person's income is reviewed.and approved by the Office of Community &Economic Development of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or family: Whenever a vacancy occurs, notice must be given to the Office of Community & Economic Development and the unit must be listed with the Town. 3 j. IU_Every twelve months the applicant shall review the income eligibility of the individual occupying ' the unit~ No later than a yeaufrom the date of issuance of this Comprehensive Permit shall the applicant file with the Office of Community &Economic Development of the-town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant -all provide the town any.additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing-to show cause as to why this permit should not be revoked. 11. This Comprehensive Permit shall not be transferable to any other person or entity.without the prior approval of the HeF_ring Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the Office of Community &Economic Development of the town of Barnstable shall be notified within 60 days the name and address of.he new owner. 12. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. _$$; rdL-1 4v o6 So —o7 Ordered: a' ►-� 3-3- 0� Comprehensive Permit 2005=050 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code Part II, Section 4.02 and Part.Ill, 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. In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code, the hearing officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appea"ls on May 25, 2005. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. Ga Nightingali Hearing Lcer 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 befiled i the office of the Town Clerk. Signed and sealed this day o under the pains and per�lti.es of perjury. Linda Hutchenrider,Town Clerk 4 �oFTHe ray , Town of Barnstable Regulatory Services EARNSTABLS,�* Thomas F.Geiler,Director MASS. 639. sum Building Division Mp Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: L— O JOB LOCATION: I S�rCo a n n number street village "HOMEOWNER": 5 6,A) J-7. o name /[�/ '•home phone# work phone# CURRENT MAILING ADDRESS:- city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner_acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside, on which there is,or is intended to be, a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. hehhe andoistands the Town of Barristab ailding Depuft=nt ——- - minimum. , ec ,on procedures and requirements and that he/she will comply with.said procedures and require nts. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. . HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt _ _ i , f � _.._. _. , .__►........ - . E I F r _ . I r RBON MONOXIDE ALAR S —� MUST�BE IN$TAL-I�B-PE -777 MA$SACH SETTS BUILDING ODE . ..._.., ! I I — i - k SMOKE SET Crt0 FEV E ED RN TABLIE BC LDI PT. I D TE IRE PEP T T M N — BOF —&F6}ATl1 €S E� €QUt ER s O.R ERbf. . _ — j ! . ... _ e I I f f 1 111 t i I j i I i I . 1. _.._.__ _ __. _ . _- -._-_ t �_. ____ _ _.__ .__ ! _�_^1 - --_.. _ l _ 1._.__�._ P __ --- _ -- - - f , t ! I L j _ I i ( I ti I $t i -777 I I CL `f _ i I --- - - - 1 1 ' . _ f .1_��,�-tit._.-.,- 00 Of ll I I � IG✓(i I { i l E._ � ; k r ! } ---- -- I I � __�..-..._._.�.p �"t_. ...- - .: I-"1 �_ {_--`-1 -'jam'- .. �. 1 ��M A .i .- -•�` i f � � f Ap L _ r !_ i `I ! _C I 1 ! k } _ 4 1 r_. k + F ._ I _ 3 ! - f i__ _.'_�_ i f - - �__ _.. -._-_. __ �-.. ---E=- ---- ` ___f_ , -- ----------------- ......... ------ ------tj ........... I i k � _ - WNI 11 C-7' 0010, _........ L t { { !I 1 I { I I 1 -177 ---yI I i afpV I I i "F 4( i i L.J �- I — ---i I I � h I -q s ? l I , i I —Lk 4 � i I � f I _ I i i i I .. ry r ' , 9_ l r t Gel y I �� /o � _ � �� /�� 2� 'fication needed if on-site septic system) must be submitted if more than one person will be er of Permission wire a permit from the Fire Department having DIME Town of Barnstable o� BARNSrABLE, : Regulatory Services 9� 639 �� Thomas F. Geiler, Director 1°leo H►v'�a Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 April 27, 2006 Stephen Duff 1586 Hyannis Road Barnstable, MA 02630 Re: Proposed Accessory Affordable Apartment 1586 Hyannis Road, Barnstable Dear Property Owner: We have received the recorded Regulatory Agieement and Comprehensive Permit for the accessory affordable apartment to be created at the above-referenced address. A building permit is required whether the unit is new or pre-existing. We look forward to receiving your building permit application for the apartment. Please call me if you have any questions regarding the building permit process. Sincerely, Lois Barry Division Assistant J040616a BIZ 20904 Ps267 �21934- 04-1 1-2006 - a 12 � 450 Ub s _01 l i t J U GL►_MK UMSTAHM Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2005-050—Duff Decision-Chapter 40B Comprehensive Permit Applicant: Stephen Duff Property Address: 1586 Hyannis Road, Barnstable, MA Assessor's Map/Parcel: Map 298, Parcel 018/001 Zoning: Residential F Zoning District Applicants: The applicant is Stephen Duff,who resides at 1586 Hyannis Road,Barnstable MA. Mr. Duff was granted title to the property by deed recorded in the Barnstable Registry of.Deeds on September 1, 1995 as recorded in Book 09826, Page 0294. Relief Requested: The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with.Article II of Chapter Nine of the Code of the town of Barnstable, more commonly termed the"Accessory Affordable Housing Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9- 14 of the Code—Amnesty Program to permit an accessory apartment unit to a single-family owner- occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit over the detached garage. Locus and Background: The property at issue is a one acre lot located at 1586 Hyannis Road in Barnstable. The effective living area of the main residence is 1,614 square feet. The accessory apartment is a one-bedroom unit located above the detached garage. The square footage of the rental area is approximately 525 square feet. The lot is served by public water and sewer, and is located within an Aquifer Protection Overlay District. ,.--.—The March 15,2005, the town of Barnstable's Public Health Division reviewed the application and had no objection to five (5) bedrooms at this property. Procedural Summary A site approval letter was issued for the property by Kevin Shea, Director of Community& Economic Development on April 19, 2005, in accordance with MGL Chapter 40B and 760 CMR. Elizabeth Dillen, Program Coordinator, sent notice of the site approval letter to the Department of Housing and Community Development in accordance with the requirements of CMR.760. An application for a Comprehensive Permit was then filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals on May 5, 2005. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on May 6, 2005 and May 13, 2005, and notices were sent to all abutters in accordance with MGL Chapter 40B. On May 25, 2005 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Stephen Duff, was present at the hearing. Elizabeth Dillen, Program Coordinator of the Office of Community and Economic Development was also present. Ms.Nightingale reviewed.the file with the applicant to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on May 25, 2005 the Hearing Officer made the following findings of fact: 1. The applicant is Stephen Duff who resides at 1586 Hyannis Road, Barnstable MA. He is requesting a Comprehensive Permit to convert an existing one-bedroom apartment above the detached garage into an affordable.rental unit.'The conversion of the unit to an accessory affordable unit within a single family owner-occupied residential dwelling qualifies for the "Accessory Affordable Housing. Program." 2. Stephen Duff was granted title to the property by deed recorded in the Barnstable Registry of Deeds on September 1, 1995 as recorded in Book 09826, Page 0294. 3. A site approval letter was issued for the property by Kevin Shea, Director of the Office of Community & Economic Development,on April 19, 2005, in accordance with MGL Chapter 40B and 760 CMR..On that same day Elizabeth Dillen, Program Coordinator, sent notice of the site approval letter to the Department of Housing and Community Development in accordance with the requirements of CMR 760. and no issues were communicated from the Department of Housing and Community Development on this particular application. 4. The proposed accessory affordable unit is approximately 525 square feet, and is located above a detached garage. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and sewer and is in an identified Aquifer Protection Overlay District. The proposal has been reviewed by Thomas McKean,Health Director, and he had no objection to five (5)bedrooms at this property. 7. On March 15, 2005 the applicant signed an Accessory Affordable Housing Program Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit, to the recording at the Barnstable Registry of Deeds, a Regulatory Agreement and Declaration of Restrictive Covenants. That document includes restricting the unit in perpetuity as.an affordable rental unit and requires that the dwelling be owner-occupied as her year-round residence. 8. The applicant understands that the affordable unit will be rented to a person or family whose income is 80%.or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and further agrees that rent (including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of May 25, 2005, 6.3% of the town's year round housing stock qualifies as affordable housing units. The town . has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 2 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. Finding Summary: Based upon the findings,the Hearing Officer ruled that the applicant has standing to apply for an affordable housing Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicant, Stephen Duff. It is issued to allow for the creation of a one-bedroom affordable housing unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two people. 2. The property owner shall occupy the principal dwelling as his year-round residence.. 3. This unit shall not be occupied by a family member of the owner(s). 4. All parking for the accessory apartment and the main dwelling shall be on-site. 5. To meet the requirements of affordability, the cost of housing(including utilities) shall not exceed 30% of 80%of the median income for single individual for the Barnstable-Yarmouth MSA. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 6. All leases shall have a minimum term of one year. 7. The Office of Community and Economic Development shall serve as the monitoring agent for the accessory apartment. 8. The applicant must apply for a building permit for the accessory unit,whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site.wastewater discharge requirements. 9. The applicant may select his own tenant provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Office of Community &Economic Development of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs, notice must be given to the Office of Community & Economic Development and the unit must be listed with the Town. 3 10. 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 shall the applicant file with the Office of Community & Economic Development of the-town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the.terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing.to show cause as to why this permit should not be revoked. 11. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the Office of Community& Economic Development of the town of Barnstable shall be notified within 60 days the name and address of the new owner. 12. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2005-050 has been granted with conditions. A written copy of this decision shall be forwarded to.the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code 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. In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code, the hearing officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on May 25, 2005. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. G Nightingal Hearing Licer Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has be filed i the office of the Town Clerk. Signed and sealed this�day o under the pains and per3lties of perjury. Linda Hutchenrider,Town Clerk 4 ' TOWN OF BARNS TABLE BUILDING PERMIT APPLICATION r Parcel �� / 7Map✓ s Permit# ? "01 Health Division f �` Date Issued 16 Conservation Division s 7 , C? Fee d e Taxtollector O' �C CONNECTEDSEWACCO1101cation Fee Treasurer Planning Dept". Checked in By Date Definitive Plan Approved by Planning Board Approved By Historic-OKH Preservation/Hyannis Project Street Address % 5R6 Can c d ;Q. Village G Iir1 Yr� Owner S'7-eOf/cam �u�F Address i�ar"% Jam" ' 03 Telephone 1�0 8--ITC- 10 EG t Permit Request A_t_�c z g-"a.a ry" , h dQro" 1114 6 aika-- c Square feet: 1st floor: existing 1a-O0 proposed 2nd floor: existing Jo do proposed. Total new Valuation 1� Zoning District Flood Plain Groundwater Overlay Construction Type !J 0 0,4 (:�X Lot Size f ;4e_A.0_ Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ff� Two Family ❑ Multi-Family(#units) Age of Existing Structure 424"X 1 ric House: ❑Yes y5-Wo On Old King's Highway: tomes ❑No Basement Type: ❑ Full ❑Crawl ❑Walkout der C0.� Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) �'LONL �( l•Pi� vfi Number of Baths: Full: existing new /L Half: existing new Number of Bedrooms: existing _3 new I Total Room Count(not including baths): existing new o2- First Floor Room Count Heat Type and Fuel: ❑Gases ❑Oil ❑ Electric ❑Other Central Air: ❑Yes C-I'1Vo Fireplaces: Existing New ? Existing wood/coal stove: ❑Yes ®-Pfo Detached garage:❑existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size -<tached garage: sting ❑new size Shed: sting ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name Telephone Number 3 Co Address s e G�d`� License# HV�43 Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING WOM THIS PROJECT WILL BETAKEN TO &LtA -OtLLM O SIGNATURE DATE ?� _�r�r� c e r " a ` • FOR OFFICIAL USE ONLY PERMIT NO. . 1 • DATE ISSUED } MAP/PARCEL NO. ADDRESS VILLAGE OWNER 1 DATE OF INSPECTION: r ? • FOUNDATION n FRAME ' INSULATION FIREPLACE ELECTRICAL: R` G FINAL PLUMBING: RAG FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ' ASSOCIATION PLAN NO. f ` Town of Barnstable r° Regulatory Services . E' MASS. ; Thomas F.Geiler,Director nTnss � Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date ' AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. 'C7>II t�l I tiA �V` Estimated Cost / Q� Type of Work: �l � �2E Addressf Work: ` Owner's Name: ,�Prtc� (� - C of Application: eby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied caner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. SIGNED UNDER PENALTIES OF PERJURY ~ I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. (�f P++ �0 Date<J Owner's Name Q:forms:homeaffidav I -- The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street; 74h Floor Boston,Mass. 02111 y� Workers'Com ensation Insurance�Affidavit:BBuildin�/Plumbin /Electrical Contractors- �� 3I q. ,. hi 1'edS', Id�kl • } r ?7`��_ s'- name: _-57M P VFF-7 address: L Ua �VV�►ltivJ - city state:' V111 Pk zip•OZ43d phone# 66�'— work site location(full address): I am a homeowner performing all work myself. Project Type: ❑New Construction QRemodel I am a sole proprietor and have no one workiniz in an �7N7:ti;ifi• �1�i...;p W�.'rr,.<.'1...J.7•'YC✓..f.IA�?::;F j`:a C�rN 'j }}i•/'i}�"Ms.�G, `'�.i i�•'�dc!.J a)ror.a1c.!`ity, •• i1.`•♦ v..�r.^•nu!�..l,.d.i,'r Addition 5 k>Y73 v8;•s+'.h�e t.' ."9.r. q� . Y7� "M' •"M/^.' F1'.�.:74••"r�.`i:?7:a.^ �f: P.< '.<:w+•R�5 �] I am.an employer providing workers'compensation for my employees working on this job. company name: address•' city: Phone#: /' Insurance co. � LC olic s �'C13bti•�."'��l'.�X.kt +�+'t:SaiSf�t'vb':J'�lutlay�:m"'k'.tv!°�'.b:sta'�..�'t1:' :Aea�t�ur�ro •.,"�1�rori�:.'' �a•':�k;;'ei��:�iu3;.i':��i''w`t'L'a.C�:i�aiJ6•.�;�:•�1':iiY:J:'E'%x�E'«';'S',�'.<+k.^%,�3*�'-:�1"s�rsfo-i.~i:''d:+�....�• I am a sole proprietor,general contractor;or homeowner(circle one) and have hired the contractors listed below who have the following workers' compensation polices: company name• address city, phone#• Insurance co. D011CY# ;�'sr.'.5:�` .y, 'i'9+ ,T �: St''�.,•71,;:iY. ;..(5. :>` 2n:5?'�- S'"aa �t 'sfd�"t.`►: i"J•» ,.., o,o vp •—�.. ;err .t.;,J_'f'•�'i� . '.(�xs.?�u'::ns .. . ... .ss�'r,..:n2!£4`,��,§t�.'.��.Y•tu,.d•-'.'.e;u.�,',' :'�:ki:,,•,v.:+��'•��f':'Nar-a.x�tir.•;iLjO�;s�i�"r•.ti.��'�:'•'k'•iJ�;,«;',..�.i��d;� ' 'company name: address: city: Phone#:. insurance co. policy# ftft fON d 1,iO t �. : , ' K.ftf "Y.n 9 §+b'. .' A; �; ,s•.y' ;• 9.:'i'sr.• r.t•A r �. . ',��3.. .� .. :«• �'.,.a`�.�ar� S�. s'" •,' �'�'r:. t�Zrvi�. ."? � ��+fsi�+' `•`'t� �"'�; Failure to secure coverage as required under Section 25A of MGL 152 can lead to the Imposition of criminal penalties of a fine up to Sl,500.00 and/or one years'Imprisonment as well as civil penalties In the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that a' copy of this stateme may be forwarded to the Office of investigations of the DIA for coverage verification. ' I do hereby ce ify u r the pains and penalties of perjury that the information provided above k true and correct. Date _..M_,,�_................ Print name Phone# I RUNG official use only do not write in this area to be completed by city or town official Lcheck permit/license# ❑Building Department OLicensing oard tOmediate response is required ❑Selectmen'Bs Office ❑Health Department : phone#; ❑Other Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all-employers to provide workers' compensation for their . employees. As quoted from-the"law", an employee is defined as every person in the service of another,under.any contract of hire,express or implied,oral or written,. . An employer is defined as an individual,partnership, association,corporation or other legal entity,or any two or more - the foregoing engaged in a joint enterprise,and including the legal representatives of a,deceased employer,or the.receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However-the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of., another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally, neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. -' may)}"• yqp�} '' pg q � 1.3 `. �V i,, .• �• '-ltr '.Y�i �� 't+. i �.G�TYe�•dr� :��i,!Y�P�f%�'••t'..: „(�~-'�`'�i'.:te{�'�t,_� P i y'� Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation. Please supply company name, address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the"law." or if you are required to obtain a workers' compensation policy,please call the Department at the number listed.below. Fr�tr3 a' l r. a '.•�,� ' ,l�u^,'�6 n'S?.�.��.a�}t��"�`;.X:G� vu v, . v $ ¢ 'n•"• - - ,.�`�'��w..er ;-vJ:rl: � r. �. .:�: 'sae ,.�fA� h;Y. iT City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be returned to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for.you cooperation and should you have any questions, please do not hesitate to give us a call. •� ,l •r7r+�.P S '.�`ra''✓'1�11.=!4"�` �10,�.,! ,l7C L6%y 'i:. . .ye •� F` rd`+ `fy�..•;ss�., ls: Y }•;+"at` .' i. .T c•''••�Y�", 1 ... � ,P.,.�}i�"'k''1S!-�t'w' 3�` ~�iiS. •. _ x.The Department's address,telephone and fax number: The Commonwealth Of Massachusetts- Department of Industrial Accidents Office of Investigations 600 Washington Street,7ei Floor Boston,Ma. 02111 fag#: (617)727-7749 phone#: (617)7274900 ext.406 RESIDENTIAL BUILDING PERMIT FEES APPLICATION FEE New Buildings $100.00 Residential Addition $_50.00 Alterations/Renovations $ 50.00 Change of Contractor/Builder $25.00 FEE VALUE WORKSIIEET NEW LIVING SPACE - square feet x$96/sq.foot= ��x.00417—�g p us from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot= x .0041= plus from below(if applicable) GARAGES(attached&detached) square feet x$32/sq.ft. = x.0041= ACCESSORY STRUCTURE>120 sq.ft. >120 sf-500 sf $3 .01 >500 sf-750 sf 591 >750 sf- 1000 sf 75'. 0 >1000 sf- 1500 sf 10�0. >1500 sf-Same as new building permit: square feet x$96/sq.foot= x.0041= STAND ALONE PERMITS Open Porch x$30.00= (number) Deck x$30.00= (number) Fireplace/Chimney x$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool S25.00 Relocation/Moving $150.00 (plus above if applicable) Permit Fee , Projcost {; Rev:063004 ; Town of Barnstable Regulatory Services STaBI,E Thomas F.Geiler,Director Mass � 1639. �� Building Division AtEO MA'1 A Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-8624038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: , ai✓VrVYJ + lrv(yt number street village /p "HOMEOWNER": S�E��r A—) �G 1—7�0-1 K I V c 1 0 b6 name home phone# work phone# CURRENT MAILING ADDRESS: l city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum ins procedures and requirements and that he/she will comply with said procedures and requirements: Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a for n/certification for use in your community. Q:forms:homeexempt i -- I 'I ( II - 1 t I ( ( I I ��sue. .� 1 f —y_ f \.�'• V_i .� I - - �� _�.�. --! --{ _ I If ff i L -1 , s t I ! i i40 { ! -+--{- I -j-- 4 �-- �-- i - -- i t , �- -SMOKE- R DETECTORS REV!IEWED-- BARNS ABLE BUILDING DEPT. - DATE 1- - ! - q--- - -1 - -I-- -t i - II -� � FIRE DEPARTMENT ATE r 80THZGNATURES ARE REQUIfED FOR PERMITTIN 7-- t I IMPORTANT, UPGRADE-REQUIRED--i - -- i I- - �- - i - i _ESTATE_SUILINGR CODE_REWIRES T_E1_UPGRADING-.OF^i-. r--. I r t t I ( SMOKE DETECTORS FOR THE ENTIRE DWELLING'WHEN I BONE-OR MORE-St.EEP-iNG-AREAS-ARE ADDED OR-CREATED.-- - t - -r-- - ItIi6Tf A+SI RATE PERMIT-IS--RECMREIY, FO9-THE-r_. . 'INSTALLATION OF SMOKE;DETECTORS-THE ELECTRICAL t PERMfT DOES.NOT-SATISFY THIS REQUIREMENT,- ! t t_ 1 _ 1 f ............. � r Le II �r I i i i R .. - 1 I i i 1 • i I r I _ lI r , 1 r , , r I f t r _ I I i }- k -A4 r 7 � t, , , 1 , > r ' jam) �2 > ' ` -r t t j f i X__ C5 �� I i ; I { i i � j 1 � � r • j Japes i : r *-- J ll.�ivv��"ttL//ll u ! { I ty : # , , _ 1 I A S• , i - ' nzOTl�3 C-7 - ! Ac . T , i i , i j , , Y_ i # ' 1 : i x 1 i 1 f 1 1 r , I - 1 * I ' aJ --- - aee¢¢ 1 I 1 1 r y- 1 * VA 1 - -- - e 4; i : : : > i, ' BC CALCO 2003 DESIGN REPORT - US Tuesday,September 06,2005 13:23 Double 1 3/4" 7 1/4" ERSA-LAMO 3100 SP File Name: S Duff_Duff.BCC: FB03 Job Name: Duff A ition Description: BASEMENT BEAM WITH OUT POST ABOVE Address: 1586 Hyannis Road Specifier: City,State,Zip: Barnstable,MA Designer: Joe Madera Customer: Steve Duff Company: Shepley Wood Products Code reports: ICBO 5512,NER 629 Misc: Standard Load-40 psf 1 15 psf Tributary 10-00-00 ,✓, Y,d,s y'YR.,,1 ^' ._" I..+jy 5,�. ." .n .t _.>.a,_;u yr �S, -.zt � aF Fsfig �ir4�'tq r3}a"` ,�.«zrrm s �x o h ,,., f✓, "sa 07-00-00 07-00-00 07-00-00 BO 131 B2 B3 1260 Ibs LL 3360 Ibs LL 3360 Ibs LL 1260 Ibs LL 440 Ibs DL 1210 Ibs DL 1210 Ibs DL 440 Ibs DL Total Horizontal Length-21-00-00 General Data Load Summary _ Version: US Imperial ID Description Load Type.. Ref,, Start "End Type Value Trib. Dur. S Standard Load Unf.Area }'"' Left` 00-00-00 21-00-00 Live 40 psf 10-00-00 100% Member Type: Floor Beam Dead 15 psf 10-00-00 90% Number of Spans: 3 Left Cantilever: No Controls Summary Right Cantilever: No Control Type Value %Allowable Duration Load Case Span Location Moment 3057 ft-Ibs 36.5% 100% 6 2-Left Slope: 0/12 Neg. Moment -3057 ft-Ibs 36.5% 100% 7 2-Right Tributary: 10-00-00 End Shear 1363 Ibs 27.8% 100% 4 1 -Left Cont. Shear 2050 Ibs 41.8% 100% 6 1 -Right Total Load Defl. U892(0.094") 26.9% 4 1 Live Load Defl. U1136(0.074") 31.7% 4 1 Live Load: 40 psf Total Neg.Defl. -0.045" 9.0% 4 2 Dead Load: 15 psf Max Defl. 0.094" 9.4% 4 1 Partition Load: 0 psf Duration: 100 Notes Disclosure Design meets Code minimum(U240)Total load deflection criteria. Design meets Code minimum(U360)Live load deflection criteria. The completeness and accuracy of Design meets arbitrary(1")Maximum load deflection criteria, the input must be verified by anyone Minimum bearing length for BO is 1-1/2". who would rely on the output as Minimum bearing length for 61 is 3". evidence of suitability for a Minimum bearing length for B2 is 3". particular application. The output Minimum bearing length for B3 is 1-1/2". above is based upon building Entered/Displayed Horizontal Span Length(s)=Clear Span+1/2 min.end bearing+1/2 intermediate bearing code-accepted design properties and analysis methods. Installation Connection Diagram of BOISE engineered wood Consult project design professional of record or BOISE technical representative for connection design products must be in accordance Member has no side loads. with the current Installation Guide and the applicable building codes. Connectors are: 16d Sinker Nails To obtain an Installation Guide or if you have any questions, please call a 2" d (800)232-0788 before beginning b=3„ b-1 product installation. a c=1-5/8" / BC CALCO, BC FRAMER®, BCIO, d=12" — • • , BC RIM BOARD- BC OSB RIM BOARD'rm BOISE GLULAM-, C VERSA-LAM®,VERSA-RIM®, '! ` VERSA-RIM PLUS®, VERSA-STRAND-, • • C%%:`` VERSA-STUD®,ALLJOISTO and 1 AJSTm are trademarks of Boise Cascade Corporation. Page 1 of 1 BOISE, BC CALC®2003 DESIGN REPORT - US Tuesday,September 06,2005 13:22 Double 1 3/4"4&_ ERSA-LAM® 3100 SP File Name: S Duff_Duff.BCC: F602 Job Name: Duff Description: SUPPORTING SECOND FLOOR Address: 1586 Hyannis oad Specifier: City State,Zip: Barnstable,MA (� Designer: Joe Madera Customer: Steve Duff �\ ' Company: Shepley Wood Products Code reports: ICBO 5512, NER 629 Misc: Standard Load-40 psf 119 psf Tributary 11-00-00 -figs' =£ -'� �� } " mez ;''.� r5 za ' .r ,F a:3�✓k 3r�'A'W �' s A wu>� "...,� id ,��r ✓,� ' �� f' `fit �°,�'s"�=..r �.�°�° � _s., �� r 10-06-00 AL10-06-00 Ak BO 131 B2 2021 Ibs LL 5775 Ibs LL 2021 Ibs LL 470 Ibs DL 1566 Ibs DL 470 Ibs DL Total Horizontal Length-21-00-00 General Data Load Summary Version: US Imperial ID Description Load Type Ref. Start End Type Value Trib. Dur. S Standard Load Unf.Area Left 00-00-00 21-00-00 Live 40 psf 11-00-00 100% Member Type: Floor Beam Dead 10 psf 11-00-00 90% Number of Spans: 2 Left Cantilever: No Controls Summary Right Cantilever: No Control Type Value %Allowable Duration Load Case Span Location Moment 7709 ft-Ibs 55.2% 100% 2 2-Left Slope: 0/12 Neg. Moment -7709 ft-Ibs 55.2% 100% 2 1 -Right Tributary: 11-00-00 End Shear 2048 lbs 31.9% 100% 4 1 -Left Cont. Shear 3228 Ibs 50.2% 100% 2 1 -Right Total Load Defl. U643(0.196") 37.3% 4 1 Live Load Defl. U747(0.169") 48.2% 4 1 Live Load: 40 psf Total Neg. Defl. -0.053" 10.6% 4 2 Dead Load: 10 psf Max Defl. 0.196" 19.6% 4 1 Partition Load: 0 psf Duration: 100 Notes Disclosure Design meets Code minimum(U240)Total load deflection criteria. Design meets Code minimum(U360)Live load deflection criteria. The completeness and accuracy of Design meets arbitrary(1")Maximum load deflection criteria. the input must be verified by anyone Minimum bearing length for BO is 1-1/2". who would rely on the output as Minimum bearing length for 61 is 3". evidence of suitability for a Minimum bearing length for B2 is 1-1/2". particular application. The output Entered/Displayed Horizontal Span Length(s)=Clear Span+1/2 min.end bearing+1/2 intermediate bearing above is based upon building code-accepted design properties Connection Diagram . and analysis methods. Installation Consult project design professional of record or BOISE technical representative for connection design of BOISE engineered wood Member has no side loads. products must be in accordance with the current Installation Guide Connectors are: 16d Sinker Nails and the applicable building codes. To obtain an Installation Guide or if a=2„ b d 1 you have any questions., please call b=3" (800)232-0788 before beginning c=2-3/4" product installation. d=12" — • • /�. BC CALC®, BC FRAMER®,BCI®, BC RIM BOARDTm BC OSB RIM C BOARDTm, BOISE GLULAMTm, VERSA-LAM®,VERSA-RIM®, -RIM PLUS®, VERSA _ VERSA-STRAND- \. VERSA-STUD®,ALLJOISTO and ` AJSTm are trademarks of Boise Cascade Corporation. Page 1 of 1 1 i i I I , i t t lob i //V�/9_J� 1 I I t I , I ' 1 S + Ab Ir OLA.VI I � f 1 l , i f 1 I /J µ + t � TI , 1 i t i o �,edrod vr� •� � �,d,roo m.. � �le,� • �'• � X p �'C.x�iTl �YO 'h 4 r a qY I I i ._.. -• ,� f j� ! / .,(P,e �f .Al! y n i l p 'EC TIE MAY 1 1 2005 MARI n �.. b MAY 1 1 N05 1v -s ws t <�-Ce 7,v-\►rtiv, .. .9 9 d �; VA 3 �y i 1AY ,1 l 2 �41S�G IG�RESERV��tON- I -g- o- � t } 1 F 1 ! � tAdAo- s tt r� r 5 - 1 ' .._.:....._...emu......-..-»-,..-....--s.....-.-..-..��r-.�......». �—_,...P.».-.=...v-....-:-._:.. >,_.._.._...:..,�..._....T.n«..-....n-_.-4,.Pa„.�..,»....,.e-.,....�,a.,..� y � f a e 1 f i �6f __.__ .,.;.: �. .,..::-.,. ..,m.... - ..._... .. .. .,.. 1 1 ss5 -� ` r V sc � l I I . r- O O 117 NIP v � 0 S a :I j i 54T l i i I I 'r Application to ®ib Ringlo 3itbwap Regijonal 3�i#taric �Eliotritt Committee In the Town of Barnstable CERTIFICATE OF APPROPRIATENESS ,plication is hereby made,with four complete sets, for the issuance of a Certificate of Appropriateness under Section of Chapter 470, Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, awings, or photographs accompanying this application for. HECK CATEGORIES THAT APPLY: Exterior building construction: ❑ New Addition ❑ Alteration Indicate type of building: ❑ House ❑'Garage ❑ Commercial ❑ Other Exterior Painting: Signs or Billboards: ❑ New Sign ❑ Existing Sign ❑ Repainting Existing Sign Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑ Other YPE OR PRINT LEGIBLY: DATE DDRESS OF PROPOSED WORK.r4 66c � �� • ASSESSOR'S MAP NO. WNER �-�� ASSESSOR'S LOT NO. Q'1 k'0( OME ADDRESS `�"• TELEPHONE NO. LILL NAMES AND ADDRESSES OF ABUTTING OWNERS, including those of adjacent property owners across any ublic street orway. (Attach additional sheet.if necessary.) .ram u ..,,. 1 15 12 co AGENT QR CONTRACTOR TELEPHONE NO. ADDRESS )DESCRIPTION OF PROPOSED WORK: Give particulars of work tp be done, including materials to be used. Please nclude locations of proposed signs. • m.s.A �i c Signed Owner-Contractor-Agent • For orntt se U �niy e is Certificate is hereby. Date a � MAR 2 4 20 5 ROVED fO,,NN 0F BAI�NSs ABLE. mittee M mbers' Signatur !G BJ EA HlST�R - . .. r .c Town of Barnstable `W ' OId King's Highway historic District Committee SPEC SHEET 4V 7 FOUNDATION SIDING TYPE C,�vw�i �. U� COLOR i�Or CHIMEY TYPE 1J COLOR W ROOF MATERIAL �A Al., OLOR �-p PITCH 7, / t 2— WINDOWS COLOR (J�� SIZE Y TRIM COLOR t - DOORS COLORS SHUTTERS_ COLORS GUTTERS COLORS 1A tom.. DECKS___ /=t� � MATERIALS GARAGE DOORS COLORS SKYLIGHTS SIZE COLORS (f� ` E E Jz MAR 2 4 SIGNS 4 tl COLORS . 2005 TO G'FA ?Nti4T LgA NISTi� iC VA r FENCE �" `� COLOR -�- NOTES Fill out completely, including meaaurements and materials/colors to be used. Four copies of this form are required for submittal of an application, along with Four copies of the plot plan, landscap' plan and elevation plans, when applicable. j rya g csl F' m �cn rV o tbe W` T✓ V� CD - c ►�, '' - Lf t 1 , a 6 b n e I { J ZO ' fcu f I BC CALC® 2003 DESIGN REPORT - US Tuesday,September06,2005 13:23 Double 1 3/4" 7 1/4" ERSA-LAM®3100 SP File Name: S Duff_Duff.BCC: FB03 Job Name: Duff A ition Description: BASEMENT BEAM WITH OUT POST ABOVE 4ddress: 1586 Hyannis Road Specifier: ;ity, State,Zip: Barnstable,MA Designer: Joe Madera Dustomer: Steve Duff l� �n Company: Shepley Wood Products node reports: ICBO 5512, NER 629 Misc: Standard Load-40 psf 115 psf Tributary 10-00-C IN 07-00-00 Ak 07-00-00 Ak 07-00-00 BO 61 B2 B3 1260 Ibs LL 3360 Ibs LL 3360 Ibs LL 1260 Ibs LL 440 Ibs DL 1210 Ibs DL 1210 Ibs DL 440 Ibs DL Total Horizontal Length-21-00-00 General Data Load Summary _ Version: US Imperial ID Description Load Type-., R#I,. Start End Type Value Trib. Dur. S Standard Load Unf.Area Litt' 00-00-00 21-00-00 Live 40 psf 10-00-00 100% Member Type: Floor Beam Dead 15 psf 10-00-00 90% Number of Spans: 3 ' Left Cantilever: No Controls Summary Right Cantilever: No Control Type Value %°Allowable Duration Load Case Span Location Moment 3057 ft-Ibs 36.5% 100% 6 2-Left Slope: 0/12 Neg. Moment -3057 ft-Ibs 36.5% 100% 7 2-Right Tributary: 10-00-00 End Shear 1363 Ibs 27.8% 100% 4 1 -Left Cont.Shear 2050 Ibs 41.8% 100% 6 1 -Right Total Load Defl. U892(0.094") 26.9% 4 1 Live Load Defl. U1136(0.074") 31.7% 4 1 Live Load: 40 psf Total Neg. Defl. -0.045" 9.0% 4 2 Dead Load: 15 psf Max Defl. 0.094" 9.4% 4 1 Partition Load: 0 psf Duration: 100 Notes Disclosure Design meets Code minimum(U240)Total load deflection criteria. Design meets Code minimum(U360)Live load deflection criteria. The completeness and accuracy of Design meets arbitrary(1")Maximum load deflection criteria. the input must be verified by anyone Minimum bearing length for BO is 1-1/2". Nho would rely on the output as Minimum bearing length for B1 is 3". ' evidence of suitability for a Minimum bearing length for B2 is 3". aarticular application. The output Minimum bearing length for B3 is 1-1/2". above is based upon building Entered/Displayed Horizontal Span Length(s)=Clear Span+1/2 min.end bearing+1/2 intermediate bearing rode-accepted design properties and analysis methods. Installation Connection Diagram aroducts must be in accordance Df engineered wood Consult project design professional of record or BOISE technical representative for connection design ducts Nith the current Installation Guide Member has no side loads. and the applicable building codes. Connectors are: 16d Sinker Nails To obtain an Installation Guide or if you have any questions, please call a=2" 00 0732-0788 before beginning b=3„ b 4 d Droduct installation. c=1-5/8" a BC CALC®, BC FRAMER®, BCI®, d=12" Ti • ; BC RIM BOARD- BC OSB RIM I BOARDTM', BOISE GLULAM rm, C /,. .. VERSA-LAM®,VERSA-RIM®, VERSA-RIM PLUS®, !� VERSA-STRAND- • • `\ VERSA-STUD®,ALLJOISTO and 4JSTm are trademarks of 3oise Cascade Corporation. 'age 1 of 1 BO SE, BC CALM) 2003 DESIGN REPORT - US Tuesday,September 06,2005 13:22 Double 1 3/4" 91/2" ERSA-LAM® 3100 SP File Name: S Duff Duff.BCC: FB02 lob Name: Duff Ad on Description: SUPPORTING SECOND FLOOR kddress: 1586 Hyannis Road Specifier: 'ity,State,Zip: Barnstable,MA r, Designer: Joe Madera :ustomer: Steve Duff /y)\ ` Company: Shepley Wood Products ,'ode reports: ICBO 5512,NER 629 Misc: Standard Load-40 psf 110 psf Tributary 11-00-00 10-06-00 10-06-00 BO B1 B2 2021 Ibs LL 5775 Ibs LL 2021 Ibs LL 470 Ibs DL 1566 Ibs DL 470 Ibs DL Total Horizontal Length-21-00-00 3eneral Data Load Summary ✓ersion: US Imperial ID Description Load Type Ref. Start End Type Value Trib. Dur. S Standard Load Unf.Area Left 00-00-00 21-00-00 Live 40 psf 11-00-00 100% NernberType: Floor Beam Dead 10 psf 11-00-00 90% Vumber of Spans: 2 _eft Cantilever: No Controls Summary Right Cantilever: No Control Type Value %Allowable Duration Load Case Span Location Moment 7709 ft-Ibs 55.2% 100% 2 2-Left dope: 0/12 Neg. Moment -7709 ft-Ibs 55.2% 100% 2 1 -Right Tributary: 11-00-00 End Shear 2048 Ibs 31.9% 100% 4 1 -Left Cont. Shear 3228 Ibs 50.2% 100% 2 1 -Right Total Load Defl. U643(0.196") 37.3% 4 1 Live Load Defl. U747(0.169") 48.2% 4 1 _ive Load: 40 psf Total Neg.Defl. -0.053" 10.6% 4 2 )ead Load: 10 psf Max Defl. 0.196" 19.6% 4 1 Dartition Load: 0 psf duration: 100 Notes disclosure Design meets Code minimum(U240)Total load deflection criteria. Design meets Code minimum(U360)Live load deflection criteria. the completeness and accuracy of Design meets arbitrary(1")Maximum load deflection criteria. he input must be verified by anyone Minimum bearing length for BO is 1-1/2". vho would rely on the output as Minimum bearing length for B1 is 3". ;vidence of suitability for a Minimum bearing length for B2 is 1-1/2". )articular application. The output Entered/Displayed Horizontal Span Length(s)=Clear Span+1/2 min.end bearing+1/2 intermediate bearing above is based upon building :ode-accepted design properties Connection Diagram and analysis methods. Installation Consult project design professional of record or BOISE technical representative for connection design >f BOISE engineered wood Member has no side loads. >roducts must be in accordance vith the current Installation Guide Connectors are: 16d Sinker Nails ind the applicable building codes. fo obtain an Installation Guide or if a=2„ b d—� tou have any questions, please call b=3" 800)232-0788 before beginning c=2-3/4" a )roduct installation. d=12" ` T e • 3C CALCO, BC FRAMER®,BCIG, 3C RIM BOARD-,BC OSB RIM C � 30ARDT"" BOISE GLULAM , /ERSA-LAM®,VERSA-RIMS /ERSA-RIM PLUS®, /ERSA-STRAND-, /ERSA-STUD®,ALLJOISTO and \JSTm are trademarks of 3oise Cascade Corporation. 'age 1 of 1 r a 4� POO rn 6 p ewc IL I�A a v V%(L rvvN a CJO -t"IY-e �t EG, ej ObT-05-2005 07 : 14 PM P. 01 TL k V-s P-&.Cj � V; V\ OLA , 0CT-05-2005 07 : 15 PP1 P. e3 BC; CALL®2003 DESIGN DEPORT - US Friday,September 30,2005 09:47 Double 1 314°' x 91i2"VERSA-LAMO 3100 SP File Name: SC CALL Project:FB01 Job Name: Duff Residence Description:Girt supporting master bed room Address: 1568 Hyannis Rd Specifier: City,State,Zip:Barnstable,Me Designer: Shepley Wood Products Customer: Steve Duff Company: Shepley Wood Products Code reports: IC80 5612,NER 629 Misc: �_�— �St8rd6rd Load 40 of 10 ps uhbtary1C 00' 'El NMI _ qq ` B1 01bs LL 2000 Ibs LL d7 Ibs DL 5471bs DL Total Horizontal Length-10-00-00 General Data Load Summary Version: US Imperial lD Description Load Type Ref. Start End Type Value Trib, Due. S Standard Load Unf,Area Left 00-00-00 10-00-00 Live 40 psf 10-00.00 100% Member Type: Floor Beam Dead 10 pal 10-00-M 90% Number of Spans: 1 Left Cantilever: No Controls Summary Right Cantilever: No Control Type Value %Allowable Duration Load Case Span Lo(Atlon Moment 6387 fl-1bs 45.6% 100% 2 1 -Internal Slope: 0/12 Neg.Moment 0 ft-Ibs nla 100% , Tributary: 10-00-00 End Shear 2144 Ibs 33.3% 1000% 2 1 -Left Total load Defl. 1_1324(0.229") 45.8% 2 1 Live Load Dell. L1687(0.181) 54,0% 2 1 Live Load: 40 pal Max Defl. 0.229" 22.9% 2 1 ' Dead Load: 10 oaf Notes partition Load: 0 psf Design meats Code minimum(L/240)Total load deflection criteria. Duration: 100 Design meets Code minlmum(L/360)Live load deflection criteria. Ditacitotzure Design meets arbitrary(1")Maximum load deflection criteria, Minimum bearing length for BO is 1-1/2". The completeness and accuracy of Minimum bearing length for 61 is 1.112", the input must be verified by anyone Enteredl0isplayed Horizontal Span Length(s)=Clear Span+112 min,end bearing+V2 intermediate bearing who would rely on the output as evidence of suitability for 9 User Notes particular application. The output Floor load only above Is based upon building code-accepted design properties Connection Diagram and analysis methods. Installation Consult project design rofessional of record or 1301SE technical representative for connection design of 6015E engineered wood l 9 p p g products must be in accordance Member has no side loads, with the current Installation Guide Connectors are: 16d Sinker Nalls and the applicable building codes. To obtain an installation Guide or if you have any questions;please call a"2„ b } d (800)232-0788 before beginning b_3 t = 8 product installation, c 2-3/4"d=12" ® L BC CALCO,BC FRAMERS: BCIO: SC RIM BOARD* 8C 088 RIM C BOARD'rm, BOISE GLULAM*'. I":r•':,� VERSA-LAMB,VERSA-RIM®, ! L ,•;i,,,;� VERSA-RIM PLUSO, I VERSA-STRAND4m, VERSA-STUDS,ALLJOISTS and AJS"M erg trademarks of Boise Cascade Corporation. Page 1 of 1 - OCT-05-2005 07 : 15 PM P. 02 h I KOS F777777� I I I ; I i I ! I I I I ( I I a�� I �o I I i i • I r-Y 19 - I I I , .. ..,,'._....fir-' .' •.-4-__.__ „ ._.._. ._.....__......._.�. I. I ` j I I l I i I I i I 77 Fae3Edit Vrew I serf Format RecordsTools* Wrridoro Hel "�<'p r Type a question for help Alsj7 �;k� a l MS Sans Serif t3 Q rB I +U lai ' A �,. x. z ✓mr 4 ".3.�,: 'a,r 4-a ;'' Fes: ob�, r ^;. p✓ r 9p en ems' n e Amnesty Apartments "061ectsm�� ry ° s e 0 Tables, � Last Name DUFF First Name STEPHEN 2nd Owner 2nd Owner �1 ries Last Name First Nameag Av ✓g y ® ,forms Map Parcel 298016001 ur ... ...... r �-•£Reports., '.r Property No 1596 Property Street HYANNIS ROADF a Village BARNSTABLE (State FM-AJ r02630�I Zip ' I._._J xMacros ro _ Status Rescinded/Revoked Action Required Enforcement ��w� � ✓ I r s,Modulus I., == Assessors Use Group 1Srde Family' 77"Groupers Comp Per Issued 6/912005' Recorded Date 4/11/2006 r�4 a �`� Y(FFavontes Application# 200700692 Permit Issued: 2/6/2007 C of C Total 1� Program Total 1� � s 14 - � -- Descripton 1 BEDROOM,2 PEOPLE,ABOVE DETACHED GARAGEQ 1' e Cert of Occupancy Issued: F — I Cert of Compliance Issued: Notes 1/16/09,RECORDED 21ll/09.3/3/10 MTG:NOT ENTERING PROGRAM. NO PERMIT TO RESTORE ._ ✓w AS OF 10/13/10.10/27/2011 MAILED LETTER TO RESTORE TO SINGLE FAMILY.11/312011 STEPHEN ` DUFF CALLED AND WANTED TO REAPPLY TO THE AMNESTY PROGRAM,GAVE HIM CINDY I DABKOWSKI PHONE NUMBER.SENT EMAIL TO CINDY ' ter° a �a --- -- - - -- �ReCOrd:. 1�;I"i 206 / §;H OF24g a yr m'p 5,/ _ ✓ £5 'rgrl� ' ,� w '^b -'�� k'k r✓ 'QX, ri?,'t�q.'"*sS � � ��: �' ter. ��t e .� ✓w �" ,✓err �,✓ n ✓�� 's ,� " t ,��s `�'� 4,%' & r �� .p ,+�' 59 IL ` 1 �� ram✓ wj: „� r tr ,� ,, �,o✓, i, s �StartIl®In6ox-'hLaos Amara,WtGam Main System M WA Ent Application Ce � rone , 0 Amnesty Data. FEM y .�`10:39 AM Perry, Tom From: Dillen, Elizabeth Sent: Wednesday, June 08, 2005 11:10 AM To: Perry, Tom; Edson, Linda Cc: Lauzon, Jeffrey; Mattos, David; Roma, Paul; Fitzgerald, John; Barry, Lois;Taylor, Madeline Subject: Update on Properties Referred to Amnesty Program Update on Properties Referred to Amnesty Progra by Building Division - Tune 2005 HYANNIS • 56 Pine Grove Ave,Hyannis -John Monteiro UNLIKELY- Had site visit on 5/26/05;Applicant will need to excavate and cut through concrete to make an acceptable bedroom window; may opt to remove kitchen instead; he will be on vacation for several weeks and plans to get estimates for project when he returns • 59 Blueberry Hill Road,Hyannis - Faythe Collins Azevedo PROBABLE - Had site visit on 4/12/05;Site approval application under review by Health Division (currently more bedrooms than allowed under Title V- working with applicant to resolve) MARSTONS MILLS • 779 Wakeby Road,Marstons Mills - Lee Burrill PROBABLE - Had site visit on 5/27/05;Site approval application under review by Health Division • 170 Woodside Road,Marstons Mills - Sarah Benson PROBABLE - Had site visit on 6/1/05;Site approval application under review by Health Division • 125 Woodside Road,Marstons Mills - Lisbeth Florestal NO- Had site visit on 6/1/05;There are currently two apartments in addition to principle residence- no permits were pulled and neither is remotely up to code ,also a dilapidated shed at property with kitchen and living area (the entire property is basically a disaster).Property owner's husband has recently been deported and she cannot afford to keep the property or pay for removal of kitchens,so she plans to sell as is. Realtor was at site visit, explained to her that prospective buyer must apply to Amnesty Program to keep one of the apartments and remove others. • 829 Osterville - West Barnstable Road,Marstons Mills -Jo-Ann Bergeron . PROBABLE - Had site visit on 12/16/04;Site approval application under review by Health Division (currently more bedrooms than allowed under Title V- working with applicant to resolve) COTUIT • 576 Mariner Circle, Cotuit- Lois Skinner PROBABLE - Had site visit on 5/19/05 - Site approval application under review by Health Division • 31 Keela Road, Cotuit- Christina Kelley YE S- ZBA Hearing on May 25,2005 1 A • 141 Highland Ave, Cotuit- Ron Tosti . YES- ZBA Hearing on July 27,2005 BARNSTABLE • 1586 Hyannis Road,Barnstable - Stephen Duff YES ZBA Hearing on May 25, 2005 WEST BARNSTABLE • 60 Pine Street,West Barnstable -Jane McCormick NO- Had site visit on 3/22/05,Jane opted to pull permit to remove kitchen CENTERVILLE • 6 Victoria Street, Centerville -Jennifer Eldridge NO- property owner has cousin moving in;will apply for a Family Apartment permit • 96 Camp Opechee Road, Centerville -Josh Leonard PROBABLE - Had site visit on 4/5/05;site approval application under review by Health Division (applicant hired septic inspector to complete 'I"ide V report) • 23 Elliott Street, Centerville - William Anderson PROBABLE - Had site visit on 4/19/05;site approval application under review by Health Division (currently more bedrooms than allowed under Title V- working with applicant to resolve) • 137 Main Street, Centerville - Robert Davalos PROBABLE - Had site visit on 5/23/05; There are currently two apartments in addition to principle residence- explained to applicant that he will have to dismantle one,he is deciding which one he will keep. • 324 Nye Road, Centerville - Deb Sarnia PROBABLE - Had site visit on March 3,2005;site approval application under review by Health Division (currently more bedrooms than allowed under Title V- working with applicant to resolve) OSTERVILLE • 8 King Arthur Drive, Ostetville - Donna Baker UNKNOWN- site visit tentatively scheduled for 6/9/05 • 656 Main Street, Osterville - Susan Enrenthal UNKNOWWN- site visit not yet scheduled Elizaletb Di&n Speaal PmjeZ Coordinator Tozer of Banztable 0&of C nmff rty& Ecunonic Dad pmmnt 508.862.4683 z The Town of Barnstable BAPNSrABM i6¢ ,0� Office of Community and Economic Development RFD N1�`� ,230 South Street Hyannis,MA 02601 Kevin Shea Office: 508-8624678 Director Fax: 508-8624782 March 16,2005 Mr.John C.Klimn Town Manager Gary K Brown,Town Council President Barnstable Town Hall 367 Main Street Hyannis,MA 02601 Re: Stephen Duff— 1586 Hyannis Road,Barnstable- a single-family accessory unit Gentlemen: 3�t 6� This letter is to inform you that the Accessory Affordable Housing (Amnest� Program has received a request for a project eligibility letter under the Community Development Block Grant(CDBG) Fund and under the General Ordinances of the Town of Barnstable,Article LXV- Pre-existing& Unpermitted Dwellings and the Criteria for the Local Chapter 40B Program The Program Coordinator is reviewing the request. If the Town has any comments on the project please forward them to me so that they can be addressed in the site approval letter. This letter gives you official notice of our receipt of the above application(s). We will issue a decision as to the acceptability of the sites and the consistency of this development within the guidelines of CDBG. Sinc rel , Kevin Shea,Director: Community&Economic Development cc: Town Attorney's Office Building Department Public Health Department °FtHe r� The Town of Barnstable • snxtvsrwsyE, Office of Community and Economic Development �EDN'A�A 230 South Street Hyannis,MA 02601 Kevin Shea Office: 508-8624678 Director Fax: 508-8624782 February 2,2005 Mr.John C.Kl min,Town Manager Gary R.Brown,Town Council President Barnstable Town Hall 367 Main Street Hyannis,MA 02601 Re: Johanna Coggeshall- 65 Marsh Lane,Hyannis - a single-family accessory unit Debra Samia- 324 Nye Road, Centerville- a single-family accessory unit 'Stephen Duff- 1586 Hyannis Road,Barnstable- a single-family accessory unit David Kennedy-.19 Saint Catherine Avenue,Hyannis- a single-farnilyaccessory unit Daphne Clark- 244 Patriot Way, Centerville- a single-family accessory unit SandyLenne-25 Newton Street,Hyannis - a single-family accessory unit ohn Kent- 464 Oakland Road,Hyannis- a single-family accessory unit Gentlemen: / This letter,is to inform you that the Accessory Affordable Housing (Amnesty) Program has received requests for project eligibility letters under the.Community Development Block Grant(CDBG) Fund and under the General Ordinances of the Town of Barnstable,Article LXV- Pre-existing& Unpermitted Dwellings and the Criteria for the Local Chapter 40B Program The Program Coordinator is reviewing the requests.If the Town"has any comments on the projects, please forward them to me so that they can be addressed in the site approval letter. This letter gives you official notice of our receipt of the above application(s). We will issue a decision as to the acceptability of the sites and the consistency of this development within the guidelines of CDBG. Sinc rely Kevin Shea,Director - Community&Economic Development cc: Town Attorneys Office Building Department Public Health Department Town of Barnstable F'THE Regulatory Services c Thomas F.Geiler,Director �A B L E Building Division v� MASS. $ Tom Perry,Building Commissioner i639. A1� 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Approved: Fee: 0 Permit#: / HOME OCCUPATION REGISTRATION Date: 'ff Name: �TC—�° !—I c A Phone#: S�� 3� 2-Z'7 o 7 Address: /:A�G rJ�r J O� Village: 6 a,,,, Name of Business: -S 7 E P J l cAJ A � tlf___�r (fo _ 61101-t . Type of Business: o dt U7, Map/Lot:011 D 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 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 WM.N,g unit, I,the undersi ed,h ve read and agree with the above restrictions for my home occupation I am registering. Applicant: Date:3 �" 0 Homeoc.doc Rev.5/30/03 . f f' TO ALL NEW BUSINESS OWNERS DATE: M 6 1 O$ .. Fill in please: YOUR NAME: APPLICANT'S '' YOUR HOME ADDRESS: BUSINESS 3' Tele hone Number Home end--��?�► TELEPHONE NAME OF NEW BUSINESS NOS v TYPE OF BUSINESS IS THIS A HOME OCCUPATION? YES — Have you been given approval from the buildin divisions YES N0 MAP/PARCEL NUMBER ADDRESS OF BUSINMSS "J" ith the rules an regulations of the When starting anew business there are severa hings you must do in order to be in compliance you have obtained the required signatures,o listed Barnstable. This form Is intended to assist you in obtaining the information you may need. n y ffi I lnt floor-Town Hall) or if you get the business certificate first you MUST go to below,you may apply for a business certificate at the Town Clerk's O ce the following office to make sure you have all the required permits and se GO TO 200 Main St. - (cor f Yarmouth Rd. & Main Street) and you will find the following offices: 1. BUILDING CO MI ION R'S OF .This individual h be info ed of ny qui ments that pertain to this type of business. u ri d Si re COMMENTS: 2. BOARD OF HEALTH nformed of the permit requirements that pertain to this type of business. This individual has been i 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: Business certificates (cost$30.00 for 4 years). A business certificate ONLY I�REGISTERS Of theprocesses RNAME in the rom the various departments invn (which you Must do olved. .G.L.. •it does not give you permission to operate-you must get that through comp SIGIUIFIfSAPPROYAL FORA BUSINESS UFFIRUAF�PNLY Application to Regional Historic District Comftt� Old Kl,ng s Highway Regi eo d. in the Town of Barnstable for a `00 '; j 6 CERTIFICATE OF APPROPRIATENESS Application is hereby made, id triplicate, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and. Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings or photographs accompanying this application for: CHECK CATEGORIES THAT APPLY' 1. Exterior Building Construction: Q New Building ❑ Addition ❑ Alteration Indicate type of building: ❑ House 5Q Garage ❑ Commercial ❑ Other 2 Exterior Painting: ❑ 3. Signs or Billboards: ❑ New sign ❑ Existing sign Q Repainting existing sign 4. Structure:�3aence ❑ Wall ❑ Flagpole ❑ Other (Please read other side for explanation and requirements). �U TYPE OR PRINT LEGIBLY DATE r ASSESSORS MAP NO. ADDRESS OF PROPOSED WORK >ICE ASSESSORS LOT NOXII& O OWNER HOME ADDRESS »w� TEL.NO. FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. (Attach additional sheet if necessary). Z28— ) �- CD fi _ 02, w GOW) UhhW P&kut 2R&03 1-Go P.�.3 AGENT CTOR - TEL. NO. ADDRESS DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done(see No.S.other side),including materials to be used, if specifications do not accompany plans. In the case of signs,give locations of existing signs and proposed locations of new signs. .(Attach additional sheet, if necessary). A r u�f Pao ® r, ned Owner-Contractor-Agent Space below'line for Committee use. .� II � Q he a of ate is hereby �' Date D T�3 y ate T; 11 3 M Il _ .._....�...T_ r._.aui...•e le !%nnrnvarf aannroval is subiect to the 10 day-appeal period J a Town o BOwtabla Old Mkes Moiwaj Historic District Committee ` :SPEC SHEET FOMMILTION O?J(�-e d SIDING TYPE CP G��I'/�-- COLOR CHII�iBY TYPE �l COLOR 1J�ww-'4L ROOF MATSRIAL AI6tGI 400e kow1l COLOR 491a dC PITCH /Z G� COLORx SI88 � 4 4. S COLORS fig SHUTTERS. COLORS !� GUTTERS p -4(/ el 14A COLORS G✓ DECKS �— MATERIALS GARAGE DOORS - ��_COLORS LJ I SKYLIGRTS SIZE BCD / �9 RS FENC$ NOTM: Fill out completely, including measurements and materials/colors to be used. Four copies of thin form are required for submittal of an application, along with Four copies of the Plot Plan, landscape plan and elevation plans, when applicabls- 89BURT I JeWrt GA N Locus ^ ASSES.MAP 298 Q � PA.eGEL /B vV E Q ~�iMNAY I"•2000' J LYNN A. .2ANK/N AV L. 500.0 3069 PA&E/75 \I 41 sCv. v •O O¢/LL HOLE FOUND b ,vy `+2- •E �P 0 bti .as FN 9�29 6 ,y' °' S//'45'20'W 5936•00r4 66• +— 40./4 4�P cR i 19o• �_ STAKE FOUND �� l P sss•3evo w py IS DWE T/As srArE sET 3/.69 ,bl ye• DRI"raLE SET SravE >:ou.v0 y s 35010 Sq.FT.t � 4� oy QO 43629 s0•crt �` � Cl ql /.0 AC2..5 t �`� `\ \ \� N 43560 Sq.FT. . �\ /50•W/DTH \ S ti9p v� s. 3 1 FOUND 0 c_ o. A � QJ \APPROX. RF I Bo 0 43560 s0•Fr s mac. co 410, — D.N.TbCO.D/EE I 1 DB/LL HOLE � ' FOUND ,�y A F-SUIO L NOT PfL7wn!0 UAW. � THE SUED/V/S/ON CrWT87L[.Aw. PLAN OF LAND /N �� - EfAPNSTgBLE .�Z D BARAISTABL.5 MA• �o -OA? q n COSMO .T. MONTAGNA �o MAQCN/7, /983 SCALE /"•40' 4p q O 40 80 /20 C.Z.SH0,6T/A.C. .EN6/NEE.2/N6 4 SU2VEY/A/G EAST DENNIS,MASS p � y 3" WRI , - iz c � •=:: Z CEET/FY TNAT TH/S PLAN CONFOQMS ;V/TH THE 2ULE5 AND.2EGtXAT/ONS OF7NE PCG/5TG2.OFlpea+�S. J �Z 93 & e- r E,Q YE6•LAND SUPVEVO.e 1_418 ...._..... ........ ... _......_.__. _._.__ ........._ ._.__. _....�.. ��1�,�1 _._.. .. try+-- - - - -•_ _....... — _ ,� .. �. _ _._.._. ._ w � .,o. U , , L r ZXSt 7Z9FSTs .__ t_ f ;f i Irk . Y /A- y �QU cC �s Ora/�sns :A.Sna M�VGNb1S ..i. Iry ...._- .4, 3 OW 1 00 ` 66LZVLLb �: � .`s ; i�i ; j-�is 3WhN� ON a_,t�� _ I0 %ZZ7 6Z0 s .� 1 iF .. �Wi1`31hQ L ,1 Ly - , l _. TO ZZ 6616T"'6ZITO ':,WI.l" 1?�Od3tl NOUVOIJIN3A NOISSIWSNN61 f ' w ' i , M I i � j 1 i 1 �y ( I , r : 1 i Y .. ..... ... _. .. / . ' jr - : a 1 i '1 s I _ ............_.... .._ ._....._r-....- _. .._ ._ _._.y_._ ..__y- •.-..._. •.... ._...._. _.. .. .:.♦ ..._ _... .. . .-...__ _._.. _.... ♦ _......... 1._... .. - .S _. 1 ..._..... ._. ....._ .... : : I rT _........ _..-• .. _. ............ I w 1 t t ! M i i 1 ^... ..... .:.. . ... S ...._._..... _ _ _ ....._. .. r Ak i i r :.. c i . ! - TOWN OF BARNSTA$1 @: _.._. _..... ... ' IN HI - TO;Ralph Crossen FROM; Tom Perry,Local Inspector R Subject: Duff Property-15 86 Hyannis Rd. Date;5/1/2000 , --------------------------------------------------------------------------------------------------------- The property in question has been an on going remodeling project since 10/6/95 that is when the building permit#10778 is dated .The application appears to have been 9 filled out on 8/29/95. STOP WORK ISSUED 10/5/95-Work Without Permits STOP WORK ISSUED 1/10/2000-No Old Kings Highway Approval -No Valid Permit STOP WORK ISSUED 4/26/2000 No Valid Permit The owner went to Old King's Highway meetings on Feb 2 2000 -Denied;no plot plan Feb 16 2000-Denied; plans were ., incomplete March 12000 Approved The house permit#10778 has never had a final inspection,the only inspection that is entered is a frame inspection on 10/31/95 ELECTRICAL-1/31/96 ROUGH PLUMBING-12/21/95 FINAL GAS-10/6/95 FINAL i f 1 TOWN OF BAR. NSTABLE DEPARTMENT OF HEALTH SAFETY AND ENVIRONMENTAL SERVICES BUILDING DIVISION u S TOP,-fl ORK THIS STRUCTURE AND/OR PREMISES HAS BEEN INSPECTED AND THE FOLLOWING VIOLATIONS OF THE BUILDING CODE AND/OR ZONING ORDINANCE HAVE BEEN FOUND: �) 2 3) o 4) x s h x r Ct ys7 t ' t F YOU ARE HEREBY NOTIFIED THAT NO ADDITIONAL:WORK SHALL BE UNDERTAKEN UPON THESE PREMISES, OR THE PREMISES OCCUPIED UNTIL THE ABOVE VIOLATIONS ARE CORRECTED. ANY PERSON REMOVING THIS NOTICE WITHOUT PROPER AUTHORIZATION SHALL BE LIABLE ` TO A FINE OF NOT LESS THAN FIFTY, NOR MORE THAN ONE HUNDRED_ DOLLARS. ' • 1 Address AiAJ Peo Date Imp 6#0 Z 720c) a. ell it ding Commissioner 1 V 4 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel 00 �'R Permit# Health Division '' i� 40 Date Issued � 9 b ,-Conservation Division L Z Fee 2 r _ ,,Treasurer Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address Jed, Village &U I2 Ag y'Owner Address t-. 4 'f r' Telephone Permit Request (Cor ~Square feet: 1 st,floor:existi g` proposed 2nd floor:existing proposed Total new t`-I, y oa Estimated Project Cost -4 Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size f-l cc.a-ate— Grandfathered: ❑Yes C 1 o-lf yes, attach supporting documentation. Dwelling Type: Single Family 0' Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes 2116. On Old King's Highway: Ule—s ❑No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other CQ CoC) 6S rvc� ^ . Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) l VO Number of Baths: Full: existing �- new Half:existing new Number of Bedrooms: existing_ new Total Room Count(not including baths);existing new 0 First Floor Room Count Heat Type and Fuel: 3 ❑Oil ❑Electric ❑Other Central Air: ❑Yes OYNo Fireplaces: Existing New Existing wood/coal.stove: ❑Yes ❑No Detached garage:Cl existing ew size tsbe 24 Pool:❑existing ❑new size Barn:Cl existing ❑new size w Ela�Attached garage: ing new size Shed: existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION Name Lyh---- Telephone Number 3 Z-Z7 O Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION EBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO ��V\ SIGNATURE DATES C�CJ It j FOR OFFICIAL USE ONLY r C y PERMIT NO. DATE ISSUED - MAP/PARCEL NO. J - r •3 ADDRESS VILLAGE ? OWNER I DATE OF INSPECTION: FOUNDATION S C. FRAME S t INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING C _ ® s DATE CLOSED OUT • '~' ASSOCIATION PLAN NO. r B k 20904 Ps 271 *C:219,3_5 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS RF�ULATO Y AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this as day of 20o6, by and between Stephen A. Duff of 1586 Hyannis Road,, Barnstable,MA 02630 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 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 propertylocated at 1586 Hyannis Road, Barnstable, MA 02630 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 9826,Page 294. B. The Project located at 1586 Hyannis Road, Barnstable, MA 02630 will consist of one accessory apartment apartment unit which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable Unit" or the "Unit"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2005-050.and any plans submitted therewith and all applicable state, federal and mumci al laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book o q0 Page a —] D. The Owner agrees to occupy the principal dwelling unit located on the property as their year round residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A- THE OWNER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable-Yarmouth _=_1_v_Ietropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable- Yarmouth MSA In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level: 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or, as applicable,has not violated any provision of law,rule or regulation, or any order of any court or other agency or governmental body,and will not violate or, as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note, or other instrument to which the Owner is a parry or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or, to the knowledge of the Owner, threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be.satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with.the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AM) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that rent.(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease.agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY, through the monitoring.agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AM) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% _,.of the median income of Barnstable-Yarmouth MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or,in part.of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively here inafter the "Registry of Deeds"), and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable, the Owner shall immediately transmit to the 2 Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments.to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to.such other place as a parry may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments, out-of-pocket expenses and attorney's fees necessitated by such actions. I 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. :Phis Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe. affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book9826, Page 294 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 Boole 9826,Page 294. XI. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated df.ordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said.Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 ,II. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares, and covenants on behalf of itself and its successors and assigns (r, that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants conning with the land, encumbering the Project for the term of this Agreement, and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner, and (1) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. ,III. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send. notification to the Municipalitythat zhe Owner is in violation of the terms and conditions hereof. The. Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent mayperfect such alien on the Project byrecording 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. ,IV. MORTGAGEE CONSENT: The Owner represents and warrants chat it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this Z5 day of t kcs.,-ch ,2004o OWNER BY: Signature Printed: Stephen A.Duff COMMONWEALTH OF MASSACHUSETTS County of Barnstable, ss: On this day of r�;�y� 20C(,-before me,the undersigned notary public,personally appeared 5 .� or, r4 -. ,the Owner(s) ,proved to me through satisfactory evidence . of identification,which were_yM� h Z�L ��; R ; � , , to be the person(s) whose name(s) is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes.. O 4 Notary ublic Printed: � ��;��„/ f ,� My Commission Expires: ;Z TOWN OF B STABLE BY: Signarum Printed:TOWN MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this day of Q( 206i bef ore 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 • f /t kpg tL)n ,to be the person whose name is signed on the preceding or attached document and acknowledged to be that he/.she signed it voluntarily for the stated purposes. Not u lic Printed: My Commission Expires: �Ty^� OFFICIAL SEAL LINDSAY DAWN STRANGER NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS 4 My Comm Expires Dem.14,2012 5 - tKKE toyti The Town of Barnstable • BARNSTABLE, • 9g, 1639 Department of Health Safety and Environmental Services ATFOpM'�6. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner TO: Ralph Crossen,Building Commissioner FROM: A.E.Martin,Local Inspector REGARDING: Duff Garage, 1586 Hyannis Rd.,Barnstable DATE: May 1,2000 In December, 1999 I received a phone call from Mr.Duff stating that he had a foundation erected for a proposed garage. I told Mr.Duff not to proceed with construction until approval was granted from O.K.H. I'm sure Mr.Duff understood the procedure for obtaining a building permit after OKH approval because he had previously obtained one for the same location. l i ............. — l _ --------- - -_-....?OWN OP-BARN—T, BIE LLD IC,i e fifG TABL _..... WAVY _. - _ ..:. .........._ ... .......... E 11. IT ,... . .. ova* _ - r _ .__..... _�. .. _... _ . _... _..... . ......_ ,.. _. ........... �, ... .. . .. __ _ av- .._.....-_ ......-... ... _....•.... ... .M � t t � ' S of ' . �n 6 ..... ... ... ... .... __. ....W_.�.. ._—._.,,_ «�._. d-.�' �,.:a ._a. ..... ...... ...._..,.... ..-._.....,... .r,..._ .,_..... > ...P «�.... ._. ._ � .. _. _. ... I t�9t'1t{'I�dS3'6 ON hSnS J:Snz tZ�thGNb1S 3QOW _—�li�M-i�_..... .. ... �.............. ...._ _....._.. ...4.+�^.....-.�"�"'�T wee C7.,. _.. : ...._ ,... -... ..... 00 t.S)3Jt1cl 00 00�30_.__. . NOTlvanQ.. ... . 66LZVLLP 3WhNf ON V_J t0: ,7 6 lZO 3WI1'`31tiQ _ I _ FQ :.7Z:...666.1,1-6ZIIB,`: 3WI:1' _.... ..... ...... ... Fd3d N0IlV3LKd3A NOISSIWSNVai : r ov ........... �� . 4> z ' 160 i s F. �. .... � I 1 I I , i }--._.. ,......... t._ �..._ F.... , h _ _ � i I I I ' i _ _ I y_.. . . ;. ,_ ... . . _ r — 1 im i � A ........_.Y_. ...___. .._.. ._ .. ... ..... . , ... .. - ,... ......�. _w _ _ .. _ .. ... .. .. r.. ..._ ... .. .. .. .... .... ...-_... w .- ... .. ... •-- - . x..... r .. ._........Hi r - - a t iUVVN GW Fi.4tit 5!/4fiLt is !! =td r 9 d .. - .. .. ...... „ .._ ...._... .... ....._ 1 i a.. viA ... .......... .. ._ .....�....._.-.. .. ._._,... ... ... ...._............ ..... pa.J...._. .. _..__.... ._ ..... .._, ................... .. Wr AA r" r P , � x r � r ---ffff n r� �t4 5 TOWPI INF BARAIS'tA LE `�.IMETq The Town of Barnstable URNSTABLE. 'MASS. Department of Health Safety and Environmental Services t6,jq, �0 QED uen+° Building Division 367 Main Street,Hyannis, MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Inspection Correction Notice Type`of Inspection QT— noo R= ' R r-- LocationL—l ( ►�� K �e Permit Number Owner � �� Builder One notice to remain on jobsite, one notice on file in Building Department. The following items need correcting: 00 l) ®�� L� Ee�� 1-fig sE aaE�(tJGeytro o 1.Sgo Z) YL G Please call: 508-790-6227 for reeinspection. Inspected by Date The Town of Barnstable FtHE t Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 1639. 9. Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner HOMEOWNER LICENSE EXEMPTION Please Print DATE: IV JOB LOCATION: / �S�p �f�/a n rv✓� Gc/L//l . number t� street village "HOMEOWNER": is O I{ � . ) Ll Z-Z-7 O') name home phone# work phone# CURRENT MAILING ADDRESS: Low¢ city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Depa um inspection procedures and requirements and that he/she will comply with said proced es equirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act,as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In.this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. Q:FORMS_EXEMPTN EST/MATED PROJECT COST WORKSHEET Value LIVING SPACE (high end construction) square feet X $115/sq. foot= (above average construction) square feet X $96/sq. foot (average construction) square feet X$57/sq. foot= GARAGE (UNFINISHED) square feet X $25/sq. foot= y PORCH square feet X $20/sq. foot= DECK square feet X $15/sq. foot= OTHER square feet X$??/sq. foot= Total Estimated Project Cost Z� 1 r c� �d 0 IAHFORM 1/3/00 The Commonwealth of Massachusetts Department of Industrial Accidents r = = Oxce ollfiresl/Oadi NS _ 600 Washington Street - Boston,Mass 02111 Workers' Com ensation Insurance Affidavit name �� E k) 3IFIE location 1 A4 A PT� CP 2-2 O ci hone# I am a homeowner performing all work myself sole inaprietor and have no one working in anv �� %// ///////%/%%%%/%/%/%%%�%%%%%%////%//////%%%///%%//, to rovidln workers compensation for my employees working on this job.: Iam an ern g �mP..............::::::::::..:........::.:.::..:::::::::::>::.......::..::::::::::::::::::::::::::::.:.:.;_:;:::.::::::::::.::::::.: :::..: :::.::::> corn anv name:' . K . add re cttw.. ,:.... .... hone#... ...:.:...:::: :� :.::.::... .... oli insuranc WE I am a sole proprietor,general contractor,or homeowmer(circle one)and have hired the contractors listed below who workers' co ensation polices: the following ...... ........P.::::::::::::::::::..::::..:::::.::::.::::<.;::::..:::::::::::::::,:;;.::::::::::::::::::..::.:::.:. :: corn an v Warn 5.:{•: ?:{:::i::iiiiiii;:>. iiriiii: }ii:?:ii::t::i}:'?:::i:<:iii:'t;:::':::::?:.: :;<:i: :>? .........: i:•i:{?:•iii:h: 4:{Y.{::•.::�:::.�::.�:::::v::::::::::::`' ::.::::r::n•:r:::•..::v..:•:•itii::... .:. ........... .........:.:::::. ::.:::::::..... : ::»•: ...... ......... Insurance: ' /r .. ... ... ..-.�::::::.:.::.:.. .......:::;;;;;;;:.�::;>;{%;:f:�>;5:•:i:;•;:::-;:;:;;::•? : :::' ::>i3i� Si:a:; > i::2Si2: ici;� i5ii^iir>iici:fi:::::;::;»:.;;:;:;;;:�;:::; ....................... caanv>name:'....:;..,..:.:...,.:,.......:,..:. :.. . address. �` .....................�.�.�:.�............:-::::w::::•:.�:::::::•._::::::n�::.�:•::?•ii}}:•J}i::'{4:?•iiiiii:4i:.•i: .....n.h `' C1tP ... Oli gapure to secure coverages,required mmder Section 25A of MQ.iS2 qn lead to the imPosft!°n of erlminal penalties of a Sue up to 51,500.00 sad/or one yearn'imprisonment as weII a,eivII penaltles is the form of a STOP WORE ORDER and a fine of S100.00 a day against me. I m�derstand that a copy of this statement may be forwarded to the OIDce of InvcrHgattom of the DIA for coverage verification. I do hereby c the pawns and penalties of perjury drat the information provided above is truo��and correct Signature Date 7-1 (JL 1, 00 _ phone# 3(�L-'Z7y� Print name offldal use only do not write in this area to be completed by city or town official city or town: permit/llcense# OBuiiding Department ❑Licensing Board ❑check if immediate response is required ❑Selectmen's OMce ❑Health Department contact person: phone#, ❑Other `ya��. (cevued 9/95 PJA) �, 1 Information and Instructions , Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the"law",an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership,association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein., or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local'licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation and supplying company names, address and phone numbers along with a certificate of mm*ance as all affidavits may be submitted to the Department of Industrial Accidents for canfirmatim of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy,please call the Department at the number fisted below. ��I City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicairt Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be retmmed t^ the Department by mail or FAX unless other arrangements have been made. cooperation and should you have any questions. The Office of Investigations would like to thank you in advance for you op y please do not hesitate to give us a call. The Department's address,telephone and fax member. The Commonwealth Of Massachusetts Department of Industrial Accidents 0mce of Investlgatlons 600 Washington Street Boston,Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 eat. 406, 409 or 375 • �Py0p THE . The Town of Barnstable . . gpgNSiABL.E. $ Department of Health Safety and Environmental Services �p�E16,59.D r50't° Bu iding Division 367 Main Street,Hyannis MA 02601 Ralph Crossen Office: 508-862-4038 Building Commissioae: Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion. improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements.Type of Work: A �41 n aZL ►9 Estimated Cost 64/'Ij Address of Work: Owner's Name: 4 Sit-J�'y L/ Date of Application: Z-°S I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law []Job Under$1,000 ❑Building not owner-o=Pied er pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WUNREGISTEREDORK S CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner. c O 0 � P � � �i/r� Date Contractor Name Registration No. OR Date Owner's Name q:for ms:Affidav 1 Th e Town of Barnstable NAM Department of Health Safety and Environmental Services Building DINWOU 367 Main Sorel,Hyannis MA 02601 Raiph C Off= 508-790-62= &ufldia; F= 508 775 33" For cffice use Daly . pit no. Dau AFFIDAVIT ROME WROVEMENT CONTRACTOR LAW SUPPLMVMT TO PE MW APPLICATWN MGL c. 142A rcqui=that the"reconstruction,aiteado= rmoradM aplir,modernization,aoava improvement, teal, dmiolitim or coon of att addition to any cwvnor a= buddingcontaining at least one but not mote than faw dwelling omits or to s�which arc a4 with aatda M along with, to such tzsideaoe or building be done by a i Type of Work: a r�, �a(c� r� , 9 address of work: rf Cv /-k/ Ow•rter.Namc Date of Permit Appiiati= I herebr certify that: Registration is not rzgnired for the following trason(s): Work aoduded by law Job undwSLOW Building natcaae .aoaupiod O"M youbgam pc m t Notice is hen by ghmn that: OWNERS PULLING TIOR OWN PERMrr OR DEALING D0 NOT HAGI ACCESSVE CONTRAC FOR APPLICABLE HOME WMOVF�'I`Tf ARBITRATION PROGRAM OR GUARANn FUND UNDER MGL c 142A SIGYED UNDER PENALTIES OF PEFJIJRY 1 bercby apply for a permit as the agent of the owner.- Date t2o Rc&uadonNo. OR _ I •9� I i:UZ V6177277122_ DEFr LAM s66ly Co O� ��Q.?1Q,CJtfL�Q .Uofar:smaal o�_�iu�uafrial✓®cci�aaf� 600 .lames s.C,smpbeq V��a 02f!! comrrnssNoner Workers' Compemdon Msvrance Affidavit 1 with a principal place at: 07• to (�W►isnmzW do hereby certify under the pains and penalties of pedurZ, that: () I am an employer providing workers' cotnpI I I tion coverage for my employees this job. , 1 ae mp Policy Number () I am a sole proprietor and have no one working for me in any capacity O I am a sate proprietor, general contractor or homeowner (arde one) and have contractors Usted below who have the following workers' apensaIIon po$cim ....... n CeyfPo�ic Contractor Contractor Iastuanoe Contpany�Po�ic Contractor Utstiraaee Company/Polk, I atrt a homeowner pesfonning all the work myself. I anti'.-scne::.0 a coC�of d:�srt�rem wdl be foexzcded to tt�OMM of tnvad�ow of dtia MA for aoaer2�tv�°u and r aerie ss rsc:•-sd under Season ZSA of MGL 151 can lead ao die knpoait w of oin a!pwlda�e of a fine of uo to S i re=' tn+Friso-r..anc as duff oanahta in die(an:da STOP WORK ORDER aid a Me e(S10=a d:7 oZ*=me day of J 14g Si e i Lic.enseeip irtee Building 0eparmtent (3ce:mng Board C.aa,""anr Amara f 4� TOWN OF BARNSTABLE BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please print. DATE JOB. LOCATION , - Number Street address Section of town "HOMEOWNER" Name Home phone Work phone PRESENT MAILING ADDRESS PO off-? Q'I0vua City town State Zip code The current exemption for "homeowners" was extended to include owner-occupie- dwellings of six units or less and to allow such homeowners to engage an in- dividual-for hire who does not possess a license, provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER: Person(sj who owns a parcel of land on which he/she resides or intends to re, side, on which there is,, or is intended to be, a one to six family dwelling, attached or detached structures accessory to such use and/or farm structures ) A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"- shall submit to the Building Offic: on a form acceptable to the Building Official, that he/she shall be responsil for all such work performed under the building permit. (Section 109.1.1) The undersigned "homeowner" assumes ..responsibility for compliance with the Sii Building Code •aad other applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirement: and that he/she will comp) ith said procedures and requirements. HOMEOWNER'S SIGNATURE i• APPROVAL OF BUILDING OFFICIA��Z,�, Note: Three family dwellings 35, 000 cubic feet, or larger, will be required to comply with State Building Code Section 127. 01 Construction Control. 1 I r HOME OWNER'S EXEMPTION f The code state that: "Any Home Owner performing work for which�za building permit is required shall be exempt from the provisions of this section (Section 109. 1. 1 - Licensing of Construction Supervisors) ; provided that. ij Home Owner engages a person (s) for hire to do such work, that such Home Owr shall act as supervisor. " Many Home Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Regulations for licensing Construction' Supervisors, Section 2. 15) . This lack of awaren often results in serious problems, particularly when the Home Owner hires unlicensed persons. In this case our Board cannot proceed against the inlicensed person as it would with licensed Supervisor. The Home "Owner. act as supervisor - is ultimately 'responsible. To ensure that the Home Owner is fully aware of his/her responsibilities,. m communities require,-as, part of the permit application, that the Home Owner certify that he/she understands the responsibilities of a supervisor. On t, last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community, Y Assessor=s Office 1st floor Map Lot a Permit# ,/Conservation Office(41h floor ✓, Date Issued — r 0,,--Boar of Health{3rd floor ,8:30-9:30/1:00- 2:00) F e I'� ,ro Engineering Dept. (3rd floor House#1 p Planning Dept.(1st floor/School Admin. Bldg.) 3. BARNBTABLE, Defi ' ve Plan Approv d y Planning Board 19 1639. TOWN OF.`BA RNSTABLE• (0& C S Building Permit Application - N-r cK (o Project Street Address ! �( 1-4Zaall `• �� l Village Owner _ Address 0;,A M 4 Telephone .o Permit Request - . r i �� 1 E:J S `�•��, tom,..`} Total 1 Story Area(include 1 story garages&decks) square feet Total 2 Story Area(total of 1st&2nd stories) square feet Estimated Project Cost $ ,�1 Zoning District Flood Plain Water Protection d u Lot Size / ,LQ_. Grandfathered ? Zoning Board of Appeals Authorization Recorded Current Use d-W p f,� d w e Proposed Use Construction Type l Commercial Residential i Dwelling Si Type ngle Famil Two Family Multi-Family Age of Existing Structure'( Basement Type: Finished Historic House Al nfinished Old King's Highway Number of Baths yppo 32dP )1�1o.of Bedrooms � )�e01e Total Room Count(not including baths) J First Floor Heat Type and Fuel Central Air Fireplaces Garage: Detached. Other Detached Structures: Pool Attached Barn one Sheds Other Builder Information M Name Telephone Number Address �Qi{,c_p _ License# /J/ A--- 0 Z�'37 �^ Home Improvement Contractor# k)) Worker's Compensation# .1. -'t,- t}r9 0, CI NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT) SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. I ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE rJJ-AA BUILDING PERMIT DEN D FOR THE FOLLOWING REASON(S) du le,92 04n-td FOR OFFICIAL USE ONLY 'l r PERMIT NO. DI;q, DATE ISSUED - r MAP/PARCEL NO. f + ! , 1 1 ADDRESS VILLAGE OWNER DATE OF INSPECTION: _ FOUNDATION t ! (� FRAME, �� 7 � d(C �� . � J 7-C INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL 1 PLUMBING: ROUGH FINAL 6 GAS: ROUGH FINAL FINAL BUILDING / © DATE CLOSED OUT ASSOCIATION PLAN NO. _ :. �� r �� "!�� l. 5, { �J� I �� 91 1 1 C) w �� - ciil Ss�rQ - 1 r :Y N J f Application to 9 A9- C 0.54 e QN'A 6P). �gP�opS1f,W^ Old King's Highway Regional Historic District Committee in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS Application is hereby made, iri triplicate, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings or photographs accompanying this application for: CHECK CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑ New Building ❑ Addition EM� Alteration Indicate type of building: S—House ❑ Garage ❑ Commercial ❑ Other Z Exterior Painting: -T e-lrytOA�j_ e 3. Signs or Billboards: ❑ New sign ❑ Existing sign ❑ Repainting existing sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑ Other (Please read other side for explanation and requirements). TYPE OR PRINT LEGIBLY DATE ADDRESS OF PROPOSED WORK -66) t4(40 Pit + Guh 121q- ASSESSORS MAP N0. L� OWNER CiCA)C ("O'r—& P-"g CTCP1-IE,) ASSESSORS LOT NO. LAC HOME ADDRESS f'O d7 S L)01M29 00))1 TEL. N0. FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. (Attach additional sheet if necessary). AGENT OR CONTRACTOR �w�h� TEL. NO. 6-4-0µ-e- ADDRESS b-.P— DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done (see No. 8,other side), including materials to be used, if specifications do not accompany plans. In the case of signs, give locations of existing signs and proposed locations of new signs. (Attach additional sheet, if necessary). 1 -Co cnZe. W,n oQo" o Dodns tzk -FZyx r l`2 -S,c CU — A.e u.,- K ,G l'w CfvAn — ZJ it Ltcc cQ e h Gt .t c�or�e c� 9�<ai--S u D D D Signed — o D Owner-Contractor-Agent Space below line for Committee use. Receivei;by�H=DEC. [9—"o [Date r Tlhe Certificate is hereby �� e�� Date y MAR 2 0 1995 � •�- �. Time By. of Aim:a n+1= Approved ❑ IMPORTANT: If Certificate is approved,approval is subject to the 10 day appeal period provided in the Act. Disapproved ❑ �l WIFTo 001 KISS WIRLOLIAM P WELLING BERT M 003 HOLMES, • JUDITH HARRIET J SWIFT 006 SWIFT, WILLIAM pAE' IRENE 9 O25DRE0 E DICKSON 3�S �q -"BARNSTABLE SCHAEt�C BRAG" S "e- BARNSTABLE MA BROBERG; HAROLD H E PARSONAGE PT R""�` '`�z 2530 JEFFREY C HARRIEr J SWIFT BARNSTABLE MA 2630 S �} F 6 NANCY 3O5 SCHAECK_2� ' YARMOUTHPORT 2630 BRAGGS LANE ��yys �� BARNSTABLE MA 26T5 BARNSTABLE MA 2630 ��' �OIJ �� dARNSTA3LE MA 2630 MA 2630 r Town of Barnstable 16 Old King's Highway Historic District Coma::& = SPEC SHEET FOUNDATION /`�Ci - CZOyt _ 'n-6 h�O r . Samoa C C. S T� SIDING TYPE Le COLOR /J�fiti✓ . CHIMNEY TYPE --0 COLOR J ROOF MATERIAL Gjo - COLORznJ PITCH ffmpeC) x l 0 //7 WINDOWS ,�, �� x yC/o 6?16 SIZE y TRIM COLOR �) DOORS COLOR SHUTTERS t") i�Q._ - 1aOEL „Lc ZL2 L u GUTTERS DECK GARAGE DOORS iJ f}— COLOR N/P-1 NOTES: Fill out completely, including measurements and materials/colors to be used. Three copies of this form are required for submittal of an application, along with three copies each of the plot plan,Plandscape plan and elevation plans, when DP n applicable. Plot plan need not be "Certified", 0 but should show all structures on the lot to D scale. •' TOWN OF BARNSTABLE N 9� ASS SSORO MAP. �lb-1 was a � �• J �• ,� � .1I nc•a • 'baO � ti. J 0 0 � ,le •hos e ti o O . • h s e IT LIS AC 'sew4t ® 1 Yt ti o a..r- I °4 et Q 0 .Irt 'a Ac � c 4 le - .I.t Z,_I 09" ) �rla*7-• �ro41F e e of �+ tS �4;1 ss+ • �Ss Q 1 Ac N SO n � Lod W M•ff7-1 Yf DI-6 i 14 a6 W ° . Its I tr F AC ; J e i o yn PW I/ ,. - -1 B-ram•) 't` LIOr � .. g I8 14 k 3 Y silt at Ate o ft,� a 'I.a^-5, •yN^' M•171.Ii M.s�7-I• ./1.777-N Y . I If. "PREPARED UNDER THE DUN CTKNI D,THE BARNSTABLE BOARD OF ASSESSORS AVIS AIRMAP INC. MASSACHUSETTS CONNECTICUT 9 d� Sula 1�>`1e� • d t r i - Y . I gg J f" 1)4 �cu wo kr, �C(- I a vAaV L iC 60 1� L � 4)(L-i ro sT K I 1-7 I� ,r(�AA cr" � 1 DQD u , , � r ! ""O'o 7 T- ...dam'. AL r - AL I � r i i a � , _ _ 1 { _ i i t s � i 9 , _.�._ � ' f ' ____-__�i � E ' F � � __,_.__�._ i �— � � i ' I I � � r i - � � f 1 __ �,. Ri- 4- F L . OEM 0 0 ON No IN 11 No so so mom so MOM 0 1101 No mom 0 r No I IN Immom ME SOME 0 ME 0 0 1 ON ME No mom 0 mom IMMEN Mol IMEMEMMEM MEN ON INN � . � tea.. 0 0011,01 imm mom 0 MEMNON No No NONE 0 MEN 0 mom 0 ONE SOON No I MEN M ME ME No ON MOMEMM EMS mom .. . .... ...No No ONE ME ON ..� E� ■CCU .�.C.�MEMEME�..".�� C.. NoE .0 E N M CC .. .. �. .... SOINN No ONE 0 ON .m ..0 ENE CI ..0 �Cmom M� . . 1 I i r 1r (1 f I f i , } r ! I Nil 1= ' t 1 L j l irk ' t { j �I I t 1 ! r I ! I I MEN Mu ENIMMEMNE IN ommosi MENEM 0 0 ECION G ... ... ..0 MINE No MEN 0 No MOOSE mi M No MEN MEN CMEN MEN MMMOMMEN No C NONEC0 . �E .8 .■. MINME No M ME No MEMMEME ..E.0 �C ..CCMMMMMM �. MENEM ME . C:� No ACC ISMIE C:'■ C:�C'::C� C.C• :C::�: C:� ' . TOWN OF-VBA►RNSTABLE DE AYZTMENT OF HEALTH SAFETY AND ~ENVIRONMENTAL SERVICES BUILDING DIVISION STOP, Wox%K THIS STRUCTURE AND/OR PREMISES HAS BEEN NSPECTED AND THE FOLLOWINGVIOLATIONS 4 OF THE BUILDING CODE AND/OR ZONING q ORDINANCE HAVE BEEN FOUND: moc 4) 4 .YOU ARE ,�.,, HEREBY NO ..:THAT NO ADDITIONAL WORK SHALL ERTAKEN 4 ON THESE PREMISES, OR SES 4 tXPIED UNTIL THE ABOVE ONS x >y � .;. - ARE" �. . .� ,� CORRECTE ON REMOVING THIS " OUT t P ER AUTH0 TION L BE LE E OF N SS FIFTY NOR k. THAN ONE HUNDRED DOLLARS. Address w 1 1 • Date Building C7@mogm. S ' L • V ryh' • •b0 ``` `` S S/• ``% ?,0 O?? b` \h• ` z t ; � 43652 f S.F. PROPPOSED GARAGE ti 0' t� �` �.` UNDER rn r;Z ►� C== `� `� CONSTRUCTION h � C-Drn WWI i I / �` ' ry .t h i RF 2 Rr , O SIfEO ` ' r , • j N f p BARS NW�� ZpW s TOWN OF BARNSTABLE ZONING ZONE RF- & RF-2 I CERTIFY THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE. INFORMATION-AND BELIEF THE DWELLING SETBACKS : . SHOWN HEREON CONFORMS TO THE HORIZONTAL SETBACKS FRONT - JO' OF THE ZONING BY-LAW,. SIDE - 15' REAR. - 15' PROPERTY LINES SHOWN HEREON WERE COMPILED FROM AVAILABLE nr..,YA4�,"I$,(� PLANS OF.RECORD AND DO NOT ;<•`��-� � REPRESENT AN ACTUAL SURVEY , ON THE GROUND. a TfIE STRUCTURE DEPICTED ON THIS PLAN WAS LOCATED•ON THE GROUNDIN 'R.• j' �- PLOT PLAN ON FEBRPARY 7. 2000 AND EXISTS AS .SHOWN AS OF THE DATE OF Z`S�i�oo BARNSTABLE. MA. ITS LOCATION. SCALE: 1' 40' FEB. 8. 2000 THIS PLAN IS FOR PLOT PLAN PURPOSES ONLY AND NOT FOR .EAGLE SURVEYING , INC RECORDING. DEED DESCRIPTIONS 923 Rout e aA Yomrouthport. MA. 02873 OR ESTABLISHING PROPERTY LINES. (3os) 362-8132 I. (308) 432—= y ' THIS PLAN IS•VOID IF NOT STAMPED pot F AND SIGNED IN RED 0 20 . 40 80 PROJECT NO. 00-012 . . �� N ryho ` O ?/, PROPPOSED 43652 S.F. GARAGE UNDER w CONSTRUCTION < o \ M Np [1. b O j ' R F 1 /s r e6 � r � • o sNED 2 i w%of TOWN OF BARNSTABLE ZONING TO ZONE RF- & RF_2 I CERTIFY THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE. INFORMATION AND BELIEF THE DWELLING SETBACKS ; . SHOWN HEREON CONFORMS TO THE HORIZONTAL SETBACKS + FRONT - 30' OF THE ZONING BY-LAW,.' , SIDE - 15' REAR. - I5' PROPERTY LINES SHOWN HEREON WERE COMPILED FROM AVAILABLE ygp�F�ym.. ryu..k�9 '/''" A V PLANS OF. RECORD AND DO NOT '� `�` f REPRESENT AN ACTUAL SURVEYy ON THE GROUND. .-w THE STRUCTURE DEPICTED ON THIS PLAN WAS LOCATED'ON THE GROUND PLOT PLAN ON FEBRUARY 7. 2000 AND EXISTS ` 1N AS SHOWN AS OF THE DATE OF z/S12,pmo ITS LOCATION. BARNSTABLE. MA. SCALE: 1"40' FEB. 8. 2000 THIS PLAN IS FOR PLOT PLAN PURPOSES ONLY AND NOT FOR .EAGLE SURVEYING , INC RECORDING. DEED DESCRIPTIONS 923 Route GA OR ESTABC I SHI NG. PROPERTY LINES, Yormouthport. MA. 02875 I' °r (508) 362-8132 (508) 432-3333 THIS PLAN IS VOID IF NOT STAMPED AND SIGNED IN RED 0 20 40 80 PROJECT NO. 00-012 0� N �N� 43652 f S. F. PROPPOSED GARAGE ? ``� •`� UNDER CONSTRUCTION RF- , i � .� , ti 2g•f � r ., • ti h h O O SNED ' Z D 2�0 FED 1 6 _ owN OF BS H�SHWVe TOWN OF BARNSTABLE ZONING ZONE ; RF- & RF-2 / CERTIFY THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE. INFORMATION AND BELIEF THE DWELLING SETBACKS WN HEREON CONFORMS TO THE HORIZONTAL SETBACKS FRONT - 30' SHO .:_ OF THE ZONING BY-LAW,., , SIDE - 15• REAR. - I5' `. PROPERTY LINES SHOWN HEREON WERE COMPILED FROM AVAILABLE ` PLANS OF RECORD AND DO NOT P��H ©F 41gss, REPRESENT AN ACTUAL SURVEY C. ti ON THE GROUND. q FR NK o� 6 WHITING No.29869 oR THE STRUCTURE DEPICTED ON THIS �ya �£C�^tf� ` PLAN WAS LOCATED ON THE GROUND E PLOT. PLAN ON FEBRUARY 7. 2000 AND EXISTS P° IN AS SHOWN AS OF THE DATE OF Z1612-ao I ITS LOCATION. BARNSTABLE. MA. SCALE: 1'-40' FEB. 8. 2000 THIS PLAN /S FOR PLOT PLAN PURPOSES ONLY AND NOT FOR EAGLE SURVEYING INC RECORDING. D DESCRIPTIONS DEED 923 Route SA = OR ESTABLISHING PROPERTY LINES. YonTauthport. MA. 02675 (508) 362-8132 (308) 432-3333 THIS PLAN /S VOID /F NOT STAMPED AND SIGNED /N RED 0 20 40 80 PROJECT N0. 00-0/2 t a. �, i 0 N - L Al `� `♦ h 43652 f S.F. PROPPOSED GARAGE UNDER CONSTRUCTION N s9�ir 9�. v ?sr• �' 0. RF o sHEO Ls ' 2 FEB 1 6 2000 �J TOWN OF BARNSTABLE ZONING ZONE RF- RF-2 I CERTIFY THAT TO THE BEST OF MY PROFESSIONAL SETBACKS KNOWLEDGE. INFORMATION AND BELIEF THE DWELLING FRONT - 30' SHOWN HEREON CONFORMS TO THE HORIZONTAL SETBACKS SIDE - I5' OF THE ZONING BY-LAW. REAR - 15 PROPERTY LINES SHOWN HEREON WERE COMPILED FROM AVAILABLE PLANS OF RECORD AND 00 NOT REPRESENT AN ACTUAL SURVEY ON THE GROUND. M' " THE STRUCTURE DEPICTED ON THIS PLAN WAS LOCATED ON THE GROUND e PLOT PLAN ON FEBRUARY 7. 2000 AND EXISTS IN AS SHOWN AS OF THE DATE OF I TS LOCATION, BARNSTABLE, MA. SCALE: P-40' FEB. 8. 2000 THIS PLAN IS FOR PLOT PLAN PURPOSES ONLY AND NOT FOR EAGLE SURVEYING , INC RECORDING. DEED DESCRIPTIONS EA OR ESTABLISHING PROPERTY LINES. 1123 Rout•ramouthport, MA. 02673 ,i (308) 362-8132 f (hoe) 432-4333 THIS PLAN IS VOID IF NOT STAMPED j AND SIGNED IN RED 0 20 40 80 PROJECT N0. 00-012 :1 I 7 z Y .. ` 43652 t S.F. PROPPosED GARAGE UNDER CONSTRUCTION am ` R F 2 R F^ pis or - O SHED •;' In j.P. FEB B 1 ,; . . ..,. E 6 2000 rowN 1fJGBARI ;TABLF TOWN OF BARNSTABLE ZONING S � ZONE RF- l & RF-2 I CERTIFY THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE. INFORMATION AND BELIEF THE DWELLING .SETBACKS : . •' FRONT - 30' SHOWN HEREON CONFORMS TO THE HORIZONTAL SETBACKS SIDE - IS' OF THE ZONING BY-LAW,. „ REAR - I5' PROPERTY LINES SHOWN HEREON WERE COMPILED FROM AVAILABLE PLANS OF RECORD AND DO NOT �`��4�w or REPRESENT AN ACTUAL SURVEY o C. tiG ON 'THE GROUND. fa FRANK WHITING �3 No.29869 p THE STRUCTURE DEPICTED ON THIS �f6ISTE� PLAN WAS LOCATED ON THE GROUND �d' a"�oN�6 ��, _ —' PLOT PLAN ON`FEBRUARY 7. 2000 AND EXISTS '� IN AS'SHOWN AS OF THE DATE OF �6/mac ITS LOCATION, BARNSTABLE. MA. SCALE: 1 '-40 FEB. 8. 2000 THIS PLAN IS FOR PLOT PLAN x' PURPOSES ONLY AND NOT FOR EAGLE SURVEYING , INC RECORDING. DEED DESCRIPTIONS 923 Rout* SA OR ESTABLISHING PROPERTY LINES. 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