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HomeMy WebLinkAbout0094 OVERLOOK DRIVE - Amnesty & MULTI-FAMILY y r-Ic o lq(� 7vV- : Ito bS OFIME Toy, Town of Barnstable BARNWABLE. : Regulatory Services ArFoi�A Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Madeline Taylor FROM: Lois Barry DATE: 1/18/07 RE: AMNESTY CERTIFICATE Here is the Amnesty Certificate of Compliance (original for applicant and copy for your records) for: 94 Overlook Drive, Centerville J030623a oFt ra,,, Town of Barnstable Regulatory Services * BAMSMBLE. 9 MASS. Thomas F. Geiler, Director �A i639. rF039 a 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 January 17, 2007 Chester Mickunas 94 Overlook Drive Centerville, MA 02632 Dear Mr. Mickunas: Enclosed is the Certificate of Occupancy for your Amnesty apartment. We have forwarded the Amnesty Certificate of Compliance to Madeline Taylor, Amnesty Program Coordinator. Sincerely, Lois Barry Division Assistant Enclosure jamnco Amnesty Program spa �. ?xy� �P . 41 r� �e Hel in to ible make affordable housing poss . 1, 3s p ix 5 ,F a -1 OWJ" of Bam- stabl kR v Certificate of Cow Nance This certificate indicates acceptable minimum habitable requirements:per Massachusetts'State Building Code , T. i. and Town of Barnstable zoning ordinances in accordance:with the Amnesty program. dal Owner Chester & Irena Mickunas Location 94 Overlook Drive,.Centerville, MA I7nt Capacity„ Two B ooms not'` exceed four `' eo le Inect spor M/P No: 188 422 1%17/2007 Town of Barnstable Building Department - 200 Main Street STAB . * Hyannis, MA 02601 9 MASS (508) 862-4038 rF0 MA'I A Certificate of Occupancy Application Number: 20065134 CO Number: 20070005 Parcel ID: 188122 CO Issue Date: 01111/07 Location: 94 OVERLOOK DRIVE Zoning Classification: RESIDENCE D-1 DISTRICT Proposed Use: RESIDENTIAL Village: CENTERVILLE Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: AMNESTY CERTIFICATE OF OCCUPANCY TO CHESTER MICKUNAS /0 :D Building Department Signature Date Signed i rr. tKE TOWN OF BARNSTABLEBuilding' �► Application Ref: 20065134 BARNSTABLE, I Issue Date: 01/02/07 Permit 9 MASS. 1639• Applicant: MICKUNAS,CHESTER C Ar�p MAC A Permit Number: B 20070005 Proposed Use: RESIDENTIAL Expiration Date: 07/02/07 Location 94 OVERLOOK DRIVE ZoningDistrict RD-1 Permit Type: AMNESTY APT NO CONSTRUCT RES YP Map Parcel 188122 Permit Fee$ 25.00 Contractor PROPERTY OWNER Village CENTERVILLE App Fee$ License Num Est Construction Cost$ 0 Remarks , APPROVED PLANS MUST BE RETAINED ON JOB AND AMNESTY APARTMENT,EXISTING,NO CONSTRUCTION THIS CARD MUST BE KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: MICKUNAS,CHESTER C BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 94 OVERLOOK DR INSPECTION HAS BEEN ADE. CENTERVILLE, MA 02632 Application Entered by: LB Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET ALLY'OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY VERMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT,OF PUBLIC WORKS: THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. " MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION 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.142A). o e e1,8 BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health ll to Y?'p S n c al ci +� y KNEW -t--' Om ° y.dw. op 0, NO NL 1 , ¢ 71 , a _ too wm� tt rc .. .. -. ......_ _ I I y� l f o' n I i — - 0'P w ; �i n r I o v m m m _f -q Z ^ m C C C x I m m m 1 FAY, SPOFFORD & THORNOIKE. INC. FILE NUMBER ENGINEERS PROJECT BOSTON SHEET NUMBER DATE SUBJECT - COMPUTED BY CHECKER: BY I I v ' : : , I , ` � I --------- I i ' �, , I I � I � i r� �.J•e4� .vim g0.0.,ii} I v I t I I . i _. _ I I I i I ' , i { I I : ' I I I : TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel 22 Application# 06y Health Division Conservation Division Permit# Tax Collector Date Issued /© -7 Treasurer Application Fee Planning Dept. Permit Fee _/ Date Definitive Plan Approved by Planning Board -� O O &0 r Historic-OKH Preservation/Hyannis Project Street Address qq oy , u(ye- V41 ye ,­ Village Owner f (� ��S Address Telephone Permit Request Square feet: 1st floor:existing 1 S proposed 2nd floor:existing proposed Total new1� Zoning District a ( Flood Plain +,�' Groundwater Overlay P Project Valuation Construction Type yy�c'� Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure I Historic House: ❑Yes t/No On Old King's Highway: ❑Yes ZNo Basement Type: ❑Full ❑Crawl 1i]Walkout ❑Other Basement Finished Area(sq.ft.) ) O TC> 47 Basement Unfinished Area(sq.ft) Number of Baths: Full:existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths):existing le new First Floor Room Count Heat Type and Fuel: 5f Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes Ni No Fireplaces: Existing 2 New Existing wood/coal stove: ❑Yes J@ No Detached garage:®existing Ei new size Pool:,&existing �2 new size Barn:a existing ff new size Attached garage:21 existing ❑new size 576 She6@ existing 3-new size Other: Zoning Board of Appeals Authorization tJ� Appeal# 20 -(,j°7 Recorded Ild Commercial ❑Yes ;,IJ No If yes,site plan review# Current Use I�G�L� I'/���!Ilo� � Proposed Use 6 0r r1,w 4�94r Affo54 ey -TIf'T BUILDER INFORMATION Name eq Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE 440 DATE bV 2,L) 0 t. FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. w ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION - FIREPLACE - ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. f t'k 21635 P':9 69 12-21-2006 & 11 = 4.1cx BARNSTABLE T 0 W H r LE RIK '06 APR -6 A 9 :53 Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice - Appeal 2006-017—Mickunas Decision- Chapter 40B Comprehensive Permit Applicant: Chester C. and Irena Mickunas Property Address: 94 Overlook Drive, Centerville,MA Assessor's Map/Parcel: Map 188,Parcel 122 Zoning: Residential Dl Zoning District Applicants: The applicants are Chester C. and Irena Mickunas,who reside at 94 Overlook Drive,Centerville,MA, ) and were granted title to the property by deed recorded in the Barnstable Registry of Deeds on January 26, 1972 as recorded.in Book 1593 and Page 229. Relief Requested: The applicants have applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article 11 of Chapter Nine of the Code of.the town of Barnstable, more commonly termed the"Accessory Affordable 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 the conversion of an accessory apartment unit within a single-family owner-occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment'unit in the lower level of the principal residence. Locus and Background: The property at issue is a 0.55 acre lot located at 94 Overlook Drive in Centerville, MA. The lot was developed in 1978 with a single-family home. The effective living area of the main residence is 2,848 square feet. The accessory apartment is a two-bedroom unit in the lower level of the principal residence. The square footage of the rental area is approximately 625 square feet. The lot is served by public water and on-site septic, and is located within an Aquifer Protection Overlay District. The town of Barnstable's Public Health Division reviewed the application, and on March 22, 2006, approved the property for a total of five(5)bedrooms,provided that the existing on-site septic system is upgraded with a conforming Title V system prior to the issuance of an occupancy permit. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Growth Management Department on February 16, 2006, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760. An application for a Comprehensive Permit was then filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on February 24, 2006 and March 3, 2006, and notices were sent to all abutters in .accordance with MGL Chapter 40B. f On March 22,2006 Hearing Officer Gail Nightingale presided over the public hearing. The applicants were unable to attend,but provided written authorization for Mr. Robert Edwards to represent their interests. Elizabeth Dillen of the Growth Management Department was also present. Ms.Nightingale reviewed the file with the applicants' representative to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on March 22, 2006 the Hearing Officer made the following findings of fact: 1. The applicants are Chester C. and Irena Mickunas, who reside at 94 Overlook Drive; Centerville, MA. They are requesting a Comprehensive Permit to convert an existing two-bedroom apartment in the lower level of the principal residence into an accessory affordable apartment. The conversion of an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for the "Accessory Affordable Housing Program." 2. Chester C. and Irena Mickunas were granted title to the property by deed recorded in the Barnstable Registry of Deeds on January 26, 1972 as recorded in Book 1593 and Page 229. .3. The proposed accessory affordable unit is approximately 625 square feet, and is in the lower level of the principal dwelling. 4. The house is served by public water and on-site septic and is in an identified Aquifer Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved a total number of five (5)bedrooms at the property,provided that the on-site septic system is upgraded with a conforming Title V system prior to the issuance of an occupancy permit. 5. On February 16, 2006 a site approval letter was issued for the property by Elizabeth Dillen of the Growth Management Department, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 5. The applicants are 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. 7. On November 16, 2005 the applicants signed an Accessory Affordable Housing Program Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as the primary residence. 8. The applicants understand 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 agree 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 March 22, 2006, 6.8% 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 applicants have 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 applicants, Chester and Irena Mickunas. It is issued to allow for a two-bedroom affordable housing unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed four people. 2. The total number of bedrooms on the property shall not exceed five (5),provided that the existing on-site septic system is upgraded with a conforming Title V system prior to the issuance of an occupancy permit. 3. The property owners shall occupy the principal dwelling as their primary residence. 4. This unit shall not be occupied by a family member of the owner(s)., 5. All parking for the accessory apartment and the main dwelling shall be on-site. 6. To meet the requirements of affordability,the cost of housing(including utilities) shall not exceed 30% of 80% of the median income.for a single individual for the Barnstable-Yarmouth MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum term of one year. 8. The Growth Management Department shall serve as the monitoring agent for the accessory apartment. The Department may, at its discretion, conduct an annual inspection of the property. The applicant also agrees that the Town may enter and inspect the property with appropriate notice to ensure compliance. 9. The applicants must apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 10. The applicants may select their 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 Growth Management Department of the town of Barnstable as a qualified individual. The applicants will be 3 required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs, notice must be given to the Growth Management Department and the unit must be listed with the Town. 11. Every twelve months the applicants shall review the income eligibility of the individual occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit, the applicants shall file with the Growth Management Department of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicants shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 12. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary.documents shall be filed at the Barnstable:County Registry of Deeds. If the ownership of the property is transferred, the Growth Management Department of.the town of Barnstable shall be notified within 60 days of the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. 4 Ordered: Comprehensive Permit 2006-017 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code Chapter 241, section 11. If after fourteen (14) days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Appeals of the final decision, if any, shall be made'to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. In accordance with Chapter 214, section 11 of the Town of Barnstable Administrative Code, the hearing officer transmitted a'written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on March 22, 2006. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. pall 6 Goo( Gail Nigh gale,Iring Officer V Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County, Massachusetts,hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day o under the pains and penalties of perjury. Li I da Hutchenrider, own Clerk 5 Bk 21635 P:974� �75T672 12-21-2006 & 11 = ,4-1a � y REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATO�Y AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this day of UOV ,2006,by and between Chester C. and Irena Mickunas, of 94 Overlook Drive, Centerville,MA 02632 and its successors and assigns.(hereinafter the " er"),and the TOWN OF BARNSTABLE.(the"Municipalit/'),a political subdivision of the Commonweal ; 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 94 Overlook Drive, Centerville,MA 02632 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 1593 and Page 229. B. The Project,located at 94 Overlook Drive, Centerville,MA 02632,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. 2006-017 and any plans submitted therewith,and all applicable state,federal and municipal laws and regulations.S id ermit is recorded herewith as Barnstable County Registry of Deeds Book )05 and Page D. The Owners agree to occupy the principal dwelling unit located on the property as their primary .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 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 MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA- In the event that utilities are separately metered, a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this.Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE 1. The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify,the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. 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 max;mum 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. 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 Pro)ect consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Regis try 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 2 I registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of.this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,.postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below_ ,or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. X. ENTIRE UNDERSTANDING• A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing, executed by the parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be,and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 1593 Page 229 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 1593 Page 229. 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 Regutryof the Land Court as the case maybe,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. M. SUCCESSORS AND ASSIGNS: 3 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, (H) 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. )(III. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and 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 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 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 tivday of I V�V ,2006. OWNERS: BY: Chester C.Mickunas Irena Mickunas COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: n this.20 day of �1/� 2006 before me,the undersigned notary public,personally appeared A 14&11a ,the er(s),proved to me through satisfactory evidence of identification,which were UO L v ,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. Nota QP—b Printed: L l zl'&O Jay, My Commission Expires: p Z7 1 i� ELIZABETH ANN JILLEI,, 4 Notary Public '0mmorV,,e3111)of Massachusens My.Commission Expires October 27, 2011 TOWN OF BARNSTABLE BY: TOWN AGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this 336 day of We)tWLt{h,1 2006 before me,the,undersigned notary public,personally appeared J oh n e -K.L1 m'm ,the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were mmmih _,to be the person whose name is signed on the preceding or attached document and acknow dged to be that he/she signed it voluntarily for the stated purposes. N#qPublic Printed: shirlee I-IT My Commission Expires: ,z OFFIC.IAL SEAL f SHIRLEE MAY OAKLEY NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS My Comm.Expires 3/28/2008 5 n 10 ono 0M. fig MamZy= Z O x .. } H ol LA IQ -�. j rsiY i s m r m x c pi ~ z CL z c � c c ; i m m L �'`i i A — ——. Y I i I � I I 1 _1 I 1 t 1 v ,Cti t O ak ; I I 6: ch I I mO Den toom". I ' � I CIo uYi,ci � i csv3�bti® s -'�I -- —' �'F ��.: � - — 1 I i i I � i I i i i i I ' i 1 e I ! I I I I I 1 > A L I I 88y Qr l 1 9ir 3 F o O i ! o O 94 9 �.? �p 4 V d 'S' I I I I X. C i Z i I I I V^•,wa.$ ry�y.l F�ie,. �'Y.a I i i < 3 m y y �.y 3 X 4 1 �If '>p�•� 4 .¢:F - .. _1 __.I.. .._.1. _ ' i I i Barry, Lois From: Dillen, Elizabeth Sent: Monday, November 20, 2006 9:16 AM To: Barry, Lois Subject: RE: 94 Overlook Drive Thanks Lois- We will get the deed restriction recorded and over to you before the owner applies for his building permit. Elizabeth Dillen Town of Barnstable Growth Management Department 367Main Street,Hyannis MA 5o8.862.4683 -----Original Message----- From: Barry, Lois Sent: Monday, November 20,2006 9:01 AM To: Dillen, Elizabeth Subject: RE: 94 Overlook Drive Beth, We received a copy of the 12/7/05 request for project eligibility letter. We haven't received anything since. Lois -----Original Message----- From: Dillen, Elizabeth Sent: Thursday, November 16, 2006 1:31 PM To: Barry, Lois Subject: 94 Overlook Drive Hi Lois- Do you by any chance have a copy of a recorded decision and deed restriction in your file for 94 Overlook Drive, Centerville? Elizabeth Dillen Town of Barnstable Growth Management Department 367Main Street,Hyannis MA 5o8.862.4683 1 OFtHE�p� The Town of Barnstable a" ` �8'gay r r r + BARNSTABLE. "`ASS. Growth Management Departmena5 DEC -8 P 3: 53 i63 S.Qj ♦0 '0l8oruw'�s - 367 Main Street Hyannis, MA 02601 01 �lS101�' Tel:508-862-4678 Fax:508-862-4782 J December 7, 2005 Mr.John C. Klimm,Town Manager Gary R.Brown,Town Council President Barnstable Town Hall 367 Main Street Hyannis,MA 02601 Re: Chester&Irena Mickunas — 94 Overlook Drive, Centerville- a single-family accessory unit Annette &James Crowley— 10 Nye Road, Ceneterville - 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 Article II of Chapter Nine of the Code of the Town of Barnstable and the criteria �2 o for the Local Chapter 40B Program. This office 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. S* cerely, _ #kabeth Dillen Special Projects Coordinator Growth Management Department cc: Town Attorney's Office Building Department Public Health Department I pF1HE lo,�, Town of Barnstable r Regulatory Services r r * BARN3TABLE, MASS. g Thomas F. Geiler, Director �p 1639. �Fp3`la Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.tow n.ba rn st a bl e.m a.u s Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: File FROM: L. Barry DATE: 11/28/05 RE: Illegal Apartment 94 OVERLOOK DRIVE, CENTERVILLE 11/28/05 owner came in, said he has basement apartment, will contact Amnesty(gave him Beth Dillen's card). ,( .M :..tz yii, ..� ) }s' •J si �t _—... } _•� _._ .--... t —,-,.�',+v.4+`?"C� e�- .4t<w p� 4 t 'r 9'" Y S y:•.. Y� VV� i! F�J, ,{•� a,�}' : `tr r a. i `.a a, ( ., V / - J 1 /°. �r� �.`kl n3a,.•,�-wy fv't f: � � :fib�# n r + �' ' � (y)�� c Q V 1/•.. 5'�I4� rt F yr i' � L'{ -.i xI ,� F ff .f}' rd. '�� � } "/ •` _ ` t,. Yt \. .�T ty F!. hi f �. ': Pk- , t7 .'ar �� g' Y d t '^ `�'•`W ')%' Pk-„el 5/ r8 S ;,w+"" '.. ^,�``a �" -.` '' a i• `` .,' >•, y'fw •� M sir � ���{'/ :.�',1 � x; h '��> f /r(f }' ,} t k 3 ((`�• Y - 1' '`n�'r s ?a �,.� �F �� ���4�1+q 8.`. •, e . s t t :D r ` x t -fi, h i •„�.� t'C,�:. 6n, ra L4VA( HIM4� : ? k b.$ 3 f ".yt r4 i• 71 Tfir afs'4�•.��°r'9:w�/��3'.i*L` vx yL:r �, ='"w,"� .� p��"`.'^ ,-e.k�._._ f la ��! :_�. �.�e"-)� :.,'8+ ....:.�.. t e. ^t4� i[ • yJ �, � /' 8 , � - /�'� - _`,' � r � n, � I_. 4167 TJ�A!k A3 �� ?'''a�' � f' - e V � �.,;5 t �t t. z: •�4..7o�V •.�.�. t}.. T ;: { µ �. i�, !� Yy'kJJ •:.lti 1 !�. �.h rs::�i.i f �� I r Fk d � :-}� T 5 • _ 1 i 4 � Lf - )�ED �1-raIlit— lot r, CERTIFIED PLOT- pt�AN, L !'• ' + J +-/�+'� /�LOC'ti /fc� �� L/� �rOf!OF FOUNQATlON IS _;`FEET t IN6V'� LOYV POI.NT OF AQJACENT46 SCALE _ — gG 'IAAE Jiyc 177ENGINEERING �0 / Y _F--o uM ,4-r/o�" CLIENT��c�u�'r"' ! �%ERTIF', THAT THE ____..� ._S 'ERED 4REOISTE t SHOMfN ` ON.'. THIS PLAN IS LOCATEO ;, ., JOB NO —771 61,v ON THE G `OUND AS INDICATED ANDIV!'L ! LAN r CONFORMS' TO THE ZONING 4AWS s� t�01�lEER$.+ LAND;, DR BY'.., 3t x' ;--- - OF eARNs. a® Ass. T 712 M r ;50. YARIMOU.TN MASS. ' . NYL,NN I �:_M� �^ , __� 1' _'_ 4'''hs�c./J• t w 1 �. SHEET /.OF; . : ;, D`ArE '` -:. 'EG• LAND SURd'EYO:R � . ` Assessor's map and lot number .................. .D .... ....� �J h 11-17-1 • tV i U$e1STALLSe e Permit number Ep /N C T}� ATlCLE 1/CMPLjA: ry �Qy�F7NEt 7 ; .TOWN OF BARN � � O -411 HAHHSTeBLE. S ` BUILDING INSPECTOR 'OT�`Q YPY M: =Z APPLICATION FORPERMIT TO .:..... C Zc ........... ti? ........ .......................................................C� tlVLza� }�..in� •,� TYPE OF CONSTRUCTION ::::.............,_....................................... ..................................................................... .......... ... ....... ................192 TO THE INSPECTOR OF BUILDINGS: The undersigne hereby applies for a permit according to the following information: Location ....... .. .. ProposedUse ................... 4: .kv` -....................................'............................................................................................. ZoningDistrict ........................................................................Fire District ............................................................................... Name•of Owner ..... -.......�:..��.C.�xz9.c..... ..................Address ......... ......la'..... .............ls'.iti�t3w' .i .�9� Name of Builder �i. P• .........................�:.�.`.�.............................Address .................................................................................... Nameof Architect ................................................:.................Address ...................................:................................................ Number of Rooms ................. ...........................................Foundation ` ..;� v .... ......... -........................C9wC......................... Exterior Roofing � +�'Mt4,. ' ........................._...................................................... g .............. .. . .... 'Floors ............................................ .............i7'. . �`as: .......................... . + ............Interior ,�............ ..............................: Heating � .1..... '' ..... t' ��t..`...... .��t"' ....Plumbing ............G...��y.......................................................... Fireplace ............. .. ......... ..............................................Approximate Cost ...... �.............................. ' C2111 ' Definitive Plan Approved by Planning Board --------------------_-----------19________. Area .... ...................... .............. Diagram of Lot and Building with Dimensions Fee ......... ................................... SUBJECT TO APPROVAL OF BOARD OF HEALTH 24 �i,L r, u Nit 40 wal _ r q I hereby agree to conform to all the Rules and Regulations of the Town drnstable regarding the above construction. Name ... ... .................................. ............... •Mickunas, Chest7r C. „ NO. J.9a6 .....Permit for ftng,Family„•..... .................... .]weillig. ............................ ar - Latation-.)Lot�. :�S.. Ise.. 94••®verlook Dr. ...........................cimter.V11A.e..............:. =� Owner ...Che&tgr G....MIekunas....... `........... _ r r t 4a n z y Type of Construction WfJOd.. ; 1e. ............. .................................................. ................. �. f Plot ....................'... Lot M.188�.L..122....... t 'Permit Granted November 11�9 77 � �• - - a -Date of Inspection` a��a( ? ........19 -Date Completed lj...4.q .�... .....19 PERMIT REFUSED ......................... ..;....... .................... 19 .... �'`. - .. ... ..... �r ................,.......... ........... ..... v • �........... ................................. • ` .. _ ` _ y - .... + ` ..:t. .......:.. ............................... .... `. C ................................... ......... Approved .............................. 19 = ...................................... ................................... - - y