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HomeMy WebLinkAbout0008 CURLEW WAY - Amnesty Chi Q S Town of Barnstable BARNSTABLE.p Regulatory Services 9 MASS. 0 �p i639 Building Division rF0 MA'S a, 200 Main Street, Hyannis, MA 02601 1 1 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection Z(,IoR « (�i -7WOU 7 Pe A;,/V Location �uR �w UJy4ei Q_? Permit Number Owner Builder t('�J 'KIQO b3N One notice to remain on job site, one notice on file in Building Department. The following items need correcting: 'I R� « AKG4\�T 04 LAJ ti,-bacA-) s =— \ ok usz' i:b F_- U — Q { u/ Please call: 508-862- 8 �nspe orr r Inspected by C&. Date /6 oF�rrq�� Town of Barnstable *Permit# Expires 6 nront/rs from issue date Regulatory Services Fee * $ARYSTABLE, 1 vAASS. $ 1659. Thomas F. Geiler, Director Building Division Di i ' '�� PERMIT v Tom Perry, CBO, Building Commissioner AUG 1 t 2010 200 Main Street; Hyannis, MA 02601 Www.town.barnstable.ma.us -�OWN OF BARN5TAk.L Office: 508-862-4039 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number ,�/� /� Property Address cU -c IP lt) cou ) Cc FutF t � l 2 VZ 63,5 ❑ Residential Value of Work SOO. Minimum fee of$35.00 for work under$6000.00 Owner's Name & Address 19 L 12 j np y V, Contractor's Name Telephone Number S0 - �9 8-- 0 /2—G Home Improvement Contractor License#(if applicable) Construction Supervisor's License# (if applicable) ❑Workman's Compensation Insurance Check one: ❑ I am a sole proprietor [�] I am the Homeowner ❑ I have Worker's Compensation Insurance Insurance Company Name Workman's Comp. Policy# Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) ❑ Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to ❑ Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) ❑ Re-side ``,, #of doors 0Replacement Windows/doors/sliders. U-Value � V We0maximum .35)#of windows , *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License & Construction Supervisors License is required. , SIGNATURE: d14L Q:\WPFILES\FORMS\building permit forms\EXPRESS.doc Revised 072110 vz The Co7nmornsswalth of iWassachusetts -- Department of lndusttial Acc dents �= O,,Q'ice of Investigations Ems. 600 Washington.Street Boston,MA 02111 v wir.wass,govIdia r40 4 t-s' Compensation Insurance Affidavit: Builders/Conn actors./)llectiicians/Plumbers Apg ic t Information I I Please Print Legibly. Name (B�sir�es�/Orgffiuzation'Inclividaa _ L-�//IO c7 ►`l Ci Address. C V Y I e(A) Ck) Ck Cit /State p: CpT y lT it I Gti Phone#_ ® �02� / 2—b Are you an employer?Check the appropriate bog: Type of project(required): 1.ElI am aemployer with 4• ❑ I a a gea ml contractor and I emplo/ees{full and/or par3-#ime). * have hired the sib-contractors 6 ❑feu ccrostrucrion 2..❑ I am asole proprietor or partner- listed on the attached Meet 7. ❑Remodeling sbi and imve no employees These stab-contractors have p 1�s S- ❑:Demolition vtrorkirg for me in any capacity. employees and have workers' 9- Buildin addition [No workers'comp.insurance camp.insurance, ❑ g .] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3. 1 axn a homeowner doing all work officers have exercised their 11..❑Plumbing repairs or additions nayself[No workers'camp- right of exemption per 1AGL 12.❑Roof repairs insuimce required.]g c. 152, §1(4),and we have no employees.[No workers' 11❑Other comp.insurance required.] *Any spplicm3t d ut checks box#1:a=also fal out the section below showing their workers''compensation policy infotmution- I Homeowners w1a submit this affidavit indicating they are doing all wck and then hire outside cantractors it=submit a new affidavit indicating sorb tContractors that.cheek this boar must attached an additional sheet showing the time of the sub-cwtractDn and state whether or not those entities have employees. If the sub-contcac6ors.have employees,they must provide their warken'comp.policy number. I am art enniplger tha,t6 prat idng it,orkers'coinperlsat tytl insurance for ttty eniplaj,eeL Belau is the palicy avid job site information. . Insurance Company Name: M Policy#or self-ins.Uc.#: Expiration Date: Job Site Address: City/State2ip: Attach a-errpy 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 leereby cer under#hepaarls rid penaltie ofperjuty that the inafarmatian provided above is trite and correct Fate: Phone#: 2 — 0 Cl 7— Official else only. Do not mite ill this area,to be campleted by city or town official. City or Town• PermitfLirense# Issuing Authority(circle one): 1.Board of Health 3.Building Department 3.CityiTow'n Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: - Phone M 6 OF W rp� s s +� BARNSTABLE, + MASS. i63919•. Town of Barnstable �0 AIFD� A Regulatory Services Thomas F. Geiler, Director Building Division Thomas Perry,CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Dffice: 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 application for: (Address of Job) Signature of Owner Date Print Name If Property Owner is applying for permit, please complete the Homeowners License Exemption Form,?on the reverse side. Q:\WPHLESTORMS\building permit formsTXPRESS.doc Revised 072110 {y o "�T Town of Barnstable Regulatory Services >r (ASS. �' Thomas F. Geiler, Director �Ore1,9. Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 5)8-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: A- / JOB LOCATION: [ y✓l L,/ WQ�� C67-a t number \ f street Q �j / village ..HOMEOWNER". ICJ'`�`�/ICI(] . P) name home phone# work phone# CURRENT MAILNG ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license, provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s) who owns a parcel of land on which he/she resides or intends to reside,on which there is, or is intended to be, a one or two- family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws, rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements q6d that he/she will comply with said procedures and requirements. &14e7 � Signature of Homeown.luU 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:\WPFILES\FORMS\building permit forrns\EXPRESS.doc Revised 072110 Barry, Lois To: Edson, Linda; Dillen, Elizabeth Subject: 8 Curlew Way, 52 Curlew Way, Cotuit We received an anonymous complaint call today that the owner of the house at 8 Curlew Way, which has just received Amnesty approval, also owns the house at 52 Curlew Way, and the caller said there is an illegal basement apartment there also. The caller also said that the Amnesty approval for 8 Curlew Way is for a one-bedroom apartment, but that there are two bedrooms there. Lois 1 Message Page 1 of 1 Giangregorio, Robin To: Dillen, Elizabeth Subject: RE: Amnesty Questions -----Original Message----- From: Dillen, Elizabeth Seat: Thursday, March 16, 2006 9:25 AM To: Giangregorio, Robin Cc: Taylor, Madeline Subject: RE: Amnesty Questions Thanks Robin - Please feel free to alert the agent-l spoke with.the Villas after rn.y conversation with you about their tenant status and they conveniently neglected to mention the house was on the market. It looks like your suspicions abort:their intentions were right on the mark! .I have attached a copy of the letter T sent out to them after we spoke.Please keep me posted on any new developments,and I.will.do the same. Tlianks. Beth Elizabeth Dillen Town of Barnstable Growth Management Department 367Main Street,Hyannis MA 5o8.862.4683 -----Original Message----- From: Giangregorio, Robin Sent: Thursday, March 16, 2006 8:40 AM To: Dillen, Elizabeth Subject: Amnesty Questions Hi Beth, I see a property listing for 8 Curlew Way in Cotuit (Villa)that identifies 4 bedrooms. This is in conflict with the Amnesty decision that limits the number of bedrooms on site to no more than 3. The accessory unit is limited to 1 bedroom and no more than 2 tenants. This discrepancy may be the result of aggressive real estate agent but I wanted you to decide what to do if anything since there is such a volatile history with all parties involved. I can call the agent have the listing corrected but I thought you should have the opportunity to mull it over first. Let me know how you want to handle this. Thanks! R96in 3/16/2006 IVIASSA EXCLUSIVE RIGHT TO SELL LISTING AGREEMENTPREALTZ ASS0 lATIOr� [With Consent To Dual Agency] Of QRS*©� �I I� ' O+W�V ("SELLER"),hereby grant to l- a real estate brokeiT` ensed-u er the laws of-the Cqmonwealth of MpwSoliusetts "BROI -"},the exclusive right sell the property described as __ _.�1r1(N (�tJ'7zi-tj and recorded in the s� 1J Registry Of Deeds at Book a e "PROPERTY" on the followin terms and conditions: t3' g rY g ( ) g I. Seller's Duties And Representations. The BROKER is granted the exclusive right to sell the PROPERTY, as the SELLER'S agent, during the term of the Agreement and the SELLER agrees to refer all inquiries to the BROKER,,to.cooperate.in marketing the PROPERTY, including completing lead paint (if property built before 1978) and other forms. If the TROPERTY is sold tofu buyer procured by the BROKER, by the SELLER or by anyone else, the fee described in paragraph 4 shall be due. The BROKER is authorized,but is not required: (a)to offer compensation to other licensed brokers as buyer's agents or facilitators; (b)to place a listing for the.PROPERTY in any multiple listing service; (c) to place a sign on the PROPERTY; (d) to photograph and advertise the PROPERTY in such media as the BROKER may select; and (e)to place a lock box on the PROPERTY:The'SELLER authorizes the BROKER to disclose to prospective buyers all information about the PROPERTY provided to the BROKER by the SELLER, all of which the SELLER represents to be accurate. The SELLER acknowledges receipt of a Mandatory Licensee-Consumer Relationship Disclosure form. According .to the Code of Ethics and Standards of Practice of the National Association of REALTORSO, the SELLER has been advised of (1) the broker's general company policies regarding cooperation with and compensation to subagents,buyer's agents and facilitators; (2)the fact that a buyer's agent, even if compensated by the listing broker or seller will represent the interest of the buyer; and(3)any potential for the listing broker to act as a disclosed dual agent on behalf of the seller and buyer.The SELLER agrees to comply with all applic I hous' laws. Z. Listiniz Price. The listing price for the PROPERTY shall be. dollars or such other price and t rms asF the. SELLER may approve. 3. Listing, Period. This Agreement shall begin on �{� and end on and_may be extended by agre ent t. Broker's Fee. If within the term of this A reement or any extension the PROPERTY is sold or the BROKER procures a buyer who is ready, willing and able to buy at a pr d on the terms set forth herein or-on such other,price and terms as.the SELLER may agree; the BROKER shall be due a fee of a percent of the selling price,whether or not the transaction is completed or title passes. Said fee shall be paid at the time set for mg and may be deducted from amounts held by BROKER as escrow agent. The aforesaid fee shall also be due upon sale within months after expiration of this Agreement or any extension to any person who is introduced to the PROPERTY during the aforesaid term or any extension, except if the SELLER has entered into an exclusive agreement with another broker in good faith,in which case the BROKER shall be entitled to receive only the difference between the fee set forth herein and any lesser fee paid to the other broker. If any deposit is retained by the SELLER as liquidated damages for default by the buyer under any agreement for sale of the PROPERTY,the BROKER shall be due one-half(1/2)of the amount so retained,but not more than an amount equal to the full commission that would have been paid to BROKER if a sale had been completed. I i. Broker Cooperation. BROKER ereby advises SELLER that BROKER will offer compens4 ion to cooperating real estate licensees as :. follows: buyer's agents % of the selling price; facilitators (non-agents) lZ) % of the selling price. If subagency will be offered,Consent To Subagency form must be signed. i. Br e ' rt' s. e BROKER agrees to use reasonable efforts in marketing the PROPERTY and agrees to list the PROPERTY with th multiple listing service. The BROKER shall have no obligation to continue to market the PROPERTY after an offer has been accepted and shall have no obligation to present any offer once an offer has been accepted and while a transaction is pending. The BROKER is not hired as a property inspector, tax advisor or attorney and if such services are desired SELLER should hire professionals. ►. Consent To Dual Agency.The SELLER understands that BROKER also represents buyers and that if BROKER introduces a buyer-client to the PROPERTY a"dual agency"will be created.The BROKER may act as a dual agent who represents both prospective buyer and seller with their informed written consent. A dual agent is authorized to assist the buyer and seller in a transaction, but shall be neutral with regard to-any conflicting interest of the buyer and seller. Consequently, a.dual agent will not have the ability to satisfy fully the duties of loyalty,full disclosure,reasonable care and obedience to lawful instructions,but shall still owe the duty of confidentiality of material information and the duty to account for funds. SELLER understands that material information received from either client that is confidential may not be disclosed by a dual agent, except: (1)if disclosure is expressly authorized; (2)if such disclosure is required by law; (3) if such disclosure is intended to prevent illegal conduct; or (4) if such disclosure is necessary to prosecute a claim against a person represented or to defend a claim against the broker or salesperson. This duty of confidentiality shall continue after termination of the brokerage relationship. By signing this agreement, SELLER authorizes BROKER to act as a dual agent and consents to. dual agency.If dual agency occurs in a transaction,a notice of dual agency will be given. 1. Additional Terms. —S11 _M�- ' A-54V/Z_Cs/L�WC.C_ Nc( Re-0y *tZ®C'Cl�i9+�lG�j/ 66UCX 69-ri w i-NQW u sntV AM 7?Aje D � 0 S L Or Authorized Representative . . \BROKER Or Authorized Representative SELLER Or Authorized Representative ©1999,2002,2004,2005 MASSACHUSETTS ASSOCIATION OF REALTORS@ MASSFORMS" 4.11.05/349765.1 Form No.707 t MASSACHUSETTS MANDATORY LICENSEE-CONSUMER RELATIONSHIP DISCLOSURE This disclosure is provided to you, the consumer, by the real estate agent listed--on this form: Make sure you read both sides of this form. The reverse side contains a more detailed description of the different types of relationships available to you. This is not a contract. THE TIME WHEN THE LICENSEE MUST PROVIDE THIS NOTICE TO THE CONSUMER: All real estate licensees must present this form to you at the first personal meeting with you to discuss a specific property. The licensee can represent you as the seller(Seller's Agent)or represent you as the buyer(Buyer's Agent).and also can assist you as a facilitator. CONSUMER INFORMATION AND RESPONSIBILITY: Whether you are the buyer or seller you can choose to have the advice,assistance and representation of your own agent who works for you. Do not assume that a real estate agent works solely for you unless you have an agreement for that relationship. With your consent, licensees from the same firm may represent a buyer and seller in the same transaction. These agents are referred to'as dual agents. Also a buyer and seller may be represented by agents in the, same real estate firm as designated agents. The"designated seller or buyer agent"is your sole representative. However where both-the seller and buyer provide written consent to have a designated agent represent them then the agent making such'designation becomes a "dual agent"for the buyer and seller. All real estate agents must, by law, present properties honestly and accurately. They must also disclose known material defects in the real estate. The dufles of a real estate agent do not relieve the consumers of the responsibility to protect their own interests. If you need advice for legal, tax, insurance or land survey matters it is your responsibility-,to consult a professional in those areas. Real Estate agents do not have a duty to perform home, lead paint or insect inspections nor do they perform septic system, wetlands or environmental evaluations. RELATIONSHIP OF REAL ESTATE LICENSEE WITH THE CONSUMER. (check one) 4eller's agent _Buyer's agent _Facilitator. IF A SELLER'S OR BUYER'S AGENT IS CHECKED ABOVE ^�COMPLETE !THE SECTION BELOW: Relationship with others affiliated with 1� 56 IZt H"� SP'A'"i as (Print name of real estate firm or business and license number) (Check one) real estate agent listed below,the real estate firm or business listed above and all other affiliated agents have the same relationship with the consumer named herein(seller or buyer agency, not designated agency). Only the real estate agent listed below represents the consumer named in this form(designated seller or buyer agency). In this situation any firm or business listed above and other agents affiliated with the firm or business do not represent you and may represent another party in your real estate transaction. y s ing Belo , he real estate licensee,acknowledge that this disclosure has been provided-tigely the consumer named herein. 0 23G 2v1 .. � (signature of real estate agent) (Printed name of real estate agent) (License Number/Type) (To y's ate) By elow I, a consumer, ac ledge that I have received Vda,.red the information in this disclosure. (Sign a of consumer) (Printed name of consumer) (Tod y' e) (Signature of consumer) (Printed name of consumer) (Today's Date) _Check here if the consumer declines to sign this notice. MASSACHUS>r ITS MASSFORMS" ASSOCIATION '� Statewide Standard Red Edge Forms Of Q�' j RYAL�'Oj'}Q® RE&TOR' a�►7 o:ro.+u".�" Form No.705 NOTICE TO QUIT FOR NON-PAYMENT OF RENT To: Terri Lynn Villa Your rent being-in arrears, you are hereby notified to quit and deliver up in fourteen days, from the receipt of this notice, the premises now held by you as a tenant, namely: 52 Curlew Way, Cotuit, MA 02635 Amount of Rent Due: $6,000.00 Period for which due from: January, February, March, April, May, June, July, August, September, October, November, December 2005. January, February, March 2006. If you fail to so vacate, I shall take due course of Law to evict you from same. IF YOU HAVE NOT RECEIVED A NOTICE TO QUIT FOR NONPAYMENT OF RENT WITI-IIN THE LAST TWELVE MONTHS. YOU HAVE A RIGHT TO PREVENT TERMINATION OF YOUR TENANCY BY PAYING OR TENDERING TO YOUR LANDLORD,YOUR LANDLORD'S ATTORNEY OR THE PERSON TO WHOM YOU CUSTOMARILY PAY YOUR RENT. THE FULL AMOUNT OF RENT DUE WITHIN TEN DAYS AFTER YOUR RECEIPT OF THIS NOTICE. *atj� Katoieen Kovar CERTIFICATE OF SERVICE I hereby certify and return the within Notice to Quit was served upon; March 7, 2006 By delivering an attested copy to their last and usual place of abode: 8 Curlew Way, Cotuit, MA 02 And by mailing copy of same on: March 7, 2006 Kevin Fuhs f FTHEl° Town of Barnstable Growth Management Department + BARNSTABLE, v MASS. $ 367 Main Street, Hyannis, MA 02601 1679. a Tel: (508) 862-4678 Fax: (508) 862-4782 EO Mptl March 7, 2006 Mr. Albino J. Villa 8 Curlew Way Cotuit, MA 02635 Dear Mr. and Mrs. Villa: It was a pleasure speaking with you today. Enclosed please find two forms that we use to obtain updated tenant information for Accessory Affordable (Amnesty) apartments. To complete your file, I will need the following: 1. 2006 Accessory Affordable Housing Affidavit (enclosed) 2. 2006 Federal CDBG Monitoring Form (enclosed) 3. 12 month lease form, signed by landlord and tenant (enclosed) 4. Income verification for tenant, in the form of either: • last year's tax return OR • copies of four recent pay stubs As you recall, the Program requires that a tenant's annual income not exceed $36,800 for one person or$42,050 for a two person household. I would also like to emphasize that this unit was approved and a Certificate of Compliance was issued for a one-bedroom apartment, not to exceed two occupants. The use of another room in the basement as a bedroom or any additional tenants would put you in violation of the terms of the Program, which would result in revocation of the Permit issued. Thank you for your cooperation and participation in the Accessory Affordable Apartment Program. Regards, Elizabeth Dillen Housing Coordinator I Town of Barnstable F THE Tp� c Regulatory Services r r Thomas F.Geiler,Director BARNSTABLE, Building Division 9 MASS. g 1639. Tom Perry, Building Commissioner ATE p MAC 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 March 2,2006 John&Ann Villa Albino&Antonina Villa 8 Curlew Way Cotuit,Ma 02635 Re: Illegal Apartment Property ID: Map 010 Parcel 022 Locus: 52 Curlew Way Dear Mr.&Mrs.Villa: A recent review of our records,including the permitting history and the Zoning Board of Appeals records, indicates that the present use of your property located at 52 Curlew Way is limited to that of a single-family home;any other use is illegal. You should know that I visited this site on March 1,2006 and found there to be a complete independent living unit in the basement. Our files show this work was completed without the benefit of permits and proper inspections. Because you did not obtain the necessary zoning relief you must now take iminediate action to restore the property to a single-family home. Normally,we would offer you the opportunity to apply for the Amnesty program but because I am informed that this property is not owner-occupied you are not eligible for consideration. Our records show that you also currently have a valid affordable-accessory unit in the residence at 8 Curlew Way. At this juncture, you have no alternative but to completely comply with the restoration order for 52 Curlew Way. A building permit is required in order to reconfigure the subject space to its original use and all work, including the removal of the downstairs kitchen and bedroom shall be completed by April 14,2006. You should be aware that you have the right to appeal this decision. If you choose to explore this option we will be happy to discuss this matter with you but be assured that your failure to file for the appropriate zoning relief with the Board of Appeals or otherwise comply with this notice will result in a$200.00 fine and possibly criminal action. Please contact me by March 10,2006 to confirm your intention. You may reach me directly at 508-862-4027. erely, Robin C.Gi gregorio Zoning Enforcement Officer JAIllegal Apartmentsl52 Curlew Way Villa letter.DOC Certified Mail 7005 1820 0004 6479 2029 Date: February 27, 2006 To: Building File From: R. Giangregorio Re: 52 Curlew Way, Cotuit Owner: Albino &Antonina Villa M&P: ROIO-022 Zoning: RF District Overlay: WP Received a telephone call from Pam at HAC regarding Terry Villa. She is a tenant in a house owned by her soon-to-be ex in-laws. Pam stated that Terry Villa pays the mortgage but the in-laws own the house. Ms Villa is currently going through a divorce. Subsequently, I spoke directly to MS Villa. She claims there is an illegal apartment in the basement of this house. She added that her future ex in-laws also have an illegal apartment in their residence at 8 Curlew. (Later, I confirmed that this is a bona fide Amnesty unit.) It is my understanding from others that Ms Villa has been calling to complain to everybody about her in-laws making her actual motive suspect. It's logic to assume if Ms Villa was paying a mortgage payment to her in-laws and now she is divorcing their son, this may very well be a property dispute. However, that's not to say that there is not really an illegal apartment in# 52. With this in mind, I set up an appointment to see the house on Wednesday morning 3/1/06. �I Amnesty Apartments Last Name VILLA i First Name ALBINO J.&ANTONINA M. 2nd Owner i 2nd Owner Last Name First Name Map Parcel 010019 Property No 8 Property Street CURLEW WAY Village COTUIT iState MA Zip 02635 Status lCertificate of Compliance Action Required Assessors Use Group Single Family Comp Per Issue 9/5/20051 Recorded Date 11/7/20051 Application# 88653 Permit Issued: 11/29/2005 C of C Total 1 Program Total �1 Descripton 1 BEDROOM,2 PEOPLE,EXISTING LOWER LEVEL Cert of Occupancy Issued: 12/6/2005i Cert of Compliance Issued 12/12/2005 Notes 3/16/06 HOUSE ON THE MARKET, ISSUE OF#OF BEDROOMS RG EMAIL TO AMNESTY,AMNESTY LETTER TO OWNER. 9/14/09 BLDG/GMD MTG,ON TO BE MONITORED REPORT,LINDA AND ROBIN WILL CHECK PROPERTIES ON REPORT. 3/3/10 MTG: IS IT ON THE MARKET? CD WILL WRITE,WE WANT TO INSPECT. 6/2/10 MTG:CINDY, IT IS OKAY TO REMOVE FROM THE THE MONITOR LIST 0 I I Amnesty Program Hel p g in to Make Affordable Housing Possible ai Barn -i own ofst ale fiComplianceate of Certl c This certificate indicates acceptable minimum habitable requirements per Massachusetts State.Building Code and Town of Barnstable zoning ordinances in accordance with.the Amnesty Program. Location 8 Curlew.Way, Cotuit, MA Unit Capacity One bedroom, not to exceed two eo le Inspector M/P No. 010 019` 12/1.2/2005 TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY--AMNESTY APARTMENT PARCEL ID 010 019 GEOBASE ID 260 ADDRESS 8 CURLEW WAY PHONE COTUIT ZIP - LOT 7 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CT PERMIT 88830 DESCRIPTION AMNESTY APARTMENT, BLDG PERMIT 88653 PERMIT TYPE BAMNCO TITLE AMNESTY APT CERT. OF OCC. CONTRACTORS: Department of ARCHITECTS: Regulatory Services TOTAL FEES: $25.00 BOND $.00 pF CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY +► BARNSTABLE, MASS. .r 1639. ED MPS BUILDING/DIVISII DATE ISSUED 12/06/20,05 EXPIRATION DATE V Vv D i TOWN OF BARNSTABLE BUILDING PERMIT--AMNESTY APARTMENT f I PARCEL. ID 010 019 GEOBASE. ID 260 ADDRESS 8 CURLEW WAY PHONE - COTUIT ZIP . LOT 7 BLOCK - LOT SIZE �. DBA DEVELOPMENT DISTRICT CT PERMIT 88653 DESCRIPTION EXISTING APARTMENT, NO CONSTRUCTION i PERMIT TYPE BAMNSTY TITLE AMNESTY APARTMENT CONTRACTORS: PROPERTY OWNER Department of f ARCHITECTS.:-,. Regulatory Services TOTAL FEES: $25.00 BOND $:00t1�E I CONSTRUCTION COSTS $400 "�► k 434 RESID ADD ALT CONV / / * MUMSPABM MASS. 39. I' BUE ;DING DIMS !. BY �I DATE ISSUED 11/29/2005 EXPIRATION DATE �- THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIQNS_- MINIMUM OF FOUR CALL INSPECTIONS REQUIRED APPROVED PLANS MUST BE RETAINED ON JOB AND FOR ALL CONSTRUCTION WORK: THIS CARD KEPT POSTED UNTIL FINAL INSPECTION WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS PERMITS ARE REQUIRED FOR 2.PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 4 2 2 2 I 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL t WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON.THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. ' 1 TOWN OF BARNSTABLE u A Ar _ _.""BUILDING PERMIT--AMNESTY APARTMENT PARCEL IDh010 019 GEOBASE. ID 260 ADDRESS `-, 8 CURLEW WAY PHONE COTUIT �' ZIP - LOT 7 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CT i PERMIT 88653 DESCRIPTION EXISTING APARTMENT, NO CONSTRUCTION PERMIT TYPE BAMNSTY TITLE AMNESTY APARTMENT i CONTRACTORS: PROPERTY OWNER Department of ARCHITECTS: , Regulatory ator Services g Y TOTAL FEES: $25.00 BOND $.00 - �tME CONSTRUCTION COSTS $.00 434 RESID ADD/ALT/CONV * IM MMBIA Mass. �► t6gQ. � ED MP'�A BUILDING DIVISION Y DATE ISSUED 11/29/2005 EXPIRATION DATE TOWN Off' BARNS �� I . -- BUILDING' PERMIT--AMNESTY APARTMENT I PARCEL ID-010 019 GEOBASE ID 260 r. ADDRESS 8 CURLEW WAY ��' PHON] COTOT ZIP LOT 7 '' BLOCK . LOT SIZE I36A DEVELOPMENT DISTRICT CT PERMIT 8€653 DESCRIPTION EXISTING APARTMENT„ NO CONSTRUCTION PERi411T TYPE BAMNSTY TITLE AMNESTY APARTMENT � I, CONTRACTORS: PROPERTY OWNER De artment of A�2CHITEC;'I S: Regulatory Services TOTAL FEES _ g Y $25.00 � BONb) CONSTRUCTION COSTS s 0 0-0 � tt OFtNE 484 R.ESID ADD/ALT/CONYMAM - `, t1 BUILDING DIVISIONBY a DATE ISSUED fI/29/2005 EXPIRATION DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS.ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIQ- ` MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. NEE 19.m BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH I OTHER: SITE PLAN REVIEW APPROVAL I II WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. BUILDING PERMIT i i t TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Uw Parcel l/�9 Permit# e_�f Health Division -,AA1 � BAR a SAte Issued � Conservation Division Fee 2005 N0Y 28 PM 3: I . Tax Collector //iZ,-g L/off 41) ee Treasurer j Planning Dept. Dig,ITS aN Checked in By Date Definitive Plan Approved by Planning Board Approved By Historic-OKH Preservation/Hyannis Project Street Address Village Owner e Address Telephone t5­4'�7<? Permit Request a�2� VA6Z�ZZ—_ Square feet: 1st floor: existing proposed- 2nd floor: existing proposed Total new Valuation Zoning District Vr Flood Plain Groundwater Overlay Construction Type Lot Size A A Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Z Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool: O existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed: ❑existing ❑new size Other: Zoning Board of Appeals Aut orization &Appeal# e-ft —dj-&- Recorded-z Commercial ❑Yes No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION Name Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE � GO ` r : FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE 5. ELECTRICAL: ROUGH FINAL i PLUMBING: ROUGH. FINAL GAS: ROUGH FINAL r FINAL BUILDING i DATE CLOSED OUT ( ASSOCIATION PLAN NO. • i Bk 20449 Ps6 or7847�► 11-07-2005 a'3 11 = 54or REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made tlhis�day of ,2005, by and between Albino J. and Antonina M.Villa of 8 Curlew Way, Cotuit MA 02635 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- The terms of this Agreement and Covenant regulate the property located at 8 Curlew Way, Cotuit MA 02635 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 2223, Page 345. B. The Project located at 8 Curlew Way, Cotuit MA 02635,will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable Unit" or the "Unit"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2005-056 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book o70 ,Page / D. The Owner agrees to occupy the principal dwelling unit located on the property as their year round residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A THE OWNER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (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 level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or, as applicable, has not violated any provision of law, rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner, at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS I. 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 MUNIQPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authorityshall be deducted from the rent. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the "Registry of Deeds"), and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall 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 VI GOVERNING OF AGREEMENT This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments, out-of-pocket expenses and attorney's fees necessitated by such actions. X. ENTIRE UNDERSTANDING A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other . permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 2223, Page 345 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 2223,Page 345. XI.. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall onlytake effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. YJI. SUCCESSORS AND ASSIGNS: A The Parties to this Agreement intend, declare,and covenant on behalf of themselves and any successors 3 and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner,and(1) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. )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 may perfect 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. MY. 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-�0day of DC 7 D 8 t/Z ,2005 OWNER OWNER BY. / BY: Albino J.V' Antonina M.Villa COMMONWEALTH OF MASSACHUSETTS Countyof Barnstable,ss: On this da of 1 200b before me,the undersigned notary public,persbnally appeared e Owner(s) ,proved to me through satisfactory evidence of identification,which were t,(J- ,to be the person(s) whose name(s) is signed on the preceding or attac ed document and acknowledged to be that he/she signed it voluntarily for.the stated purposes. �4 ELIZABETH ANN DILL-R Notary Public UV Commonwealth of Massachusetts otaryPub 'c fly Commission Expires ,�� October 27, 2011 Printed: � ,� �/� �I�� My Commission Expires:/4 4 } TO N Z100FB SGT,iABLE BY- Signanim Printed:TOWN MANAGER COMMONWEALTH OF MASSAC HUSETTS County of Barnstable,ss: On this��y of ,kIr 200,!before me,the undersigned notary public,personally g ry p ,p y appeared �h n C.KG•I vi r�-, ,the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were I' 6 JO ,to be the person whose name is signed on the preceding or attached document add acknowledged to be that he/she signed it voluntarily for the stated purposes. I �j Notary Pub ' Printed: Sh/k/`it'N!, 0 / MyCommiss ion Expires: .3 OFFICIAL SEAL SHIRLEE MAY OAKLEY NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS My Comm.Expires 3/28/2008 5 �Y . Bk 20449 PSI 78475 1 1-07-200 1 a 11 = 54c. C, Cil B.�ON3fABLE. � k"Y'� ,two P CFO AUy� CD Town of Barnstable -� Zoning Board of Appeals e Comprehensive Permit Decision and Notice r �' f N Appeal 2005-056—Villa Decision - Chapter 40B Comprehensive Permit Applicant: Albino J. and Antonina M. Villa Property Address: 8 Curlew Way, Cotuit, MA _ Assessor's Map/Parcel: Map 010, Parcel 019 CD Zoning: Residential F Zoning District Applicants: C_ r� The applicants are Albino J. and Antonina M. Villa,who reside at 8 Curlew Way, Cotuit MA. Mr. and M, . Mrs. Villa were granted title to the property by deed recorded in the Barnstable Registry of Deeds on . ' August 19, 1975 as recorded in Book 2223, Page 345. 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 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 in the lower level of the principle residence. Locus and Background: The property at issue is a 0.46-acre lot located at 8 Curlew Way in Cotuit. The lot.was developed in 1981 with a single-family raised ranch style home. The effective living area of the main residence is 1,665 square feet. The accessory apartment is a one-bedroom unit located in the lower level of the principle residence. The square footage of the rental area is approximately 800 square feet. The lot is served by public water and on-site septic, and is located within a Groundwater Protection Overlay District. On May 4, 2005, the town of Barnstable's Public Health.Division reviewed the septic and approved the property for a total of three (3) bedrooms. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Office of Community & Economic Development on May 20, 2005, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development.in accordance with the requirements of CMR 760. An application for a Comprehensive Permit was then filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals on July 29, 2005. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on August 5, 2005 and August 12, 2005, and notices were sent to all abutters in accordance with MGL Chapter 40B. Y . On August 24, 2005 Hearing Officer Gail Nightingale presided over the public hearing. Elizabeth Dillen of the Office of Community and Economic Development was also present. The applicants, Albino J. and Antonina M. Villa, were unable to attend the hearing for health reasons. Findings of Fact on the Comprehensive Permit: At the hearing on August 24, 2005 the Hearing Officer made the following findings of fact: 1. The applicants are Albino J. and Antonina M. Villa, who reside at 8 Curlew Way, Cotuit MA. They are requesting a Comprehensive Permit to convert an existing one-bedroom apartment in the lower level of the principle residence 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. Mr. and Mrs. Villa were granted title to the property by deed recorded in.the Barnstable Registry of Deeds on August 19, 1975 as recorded in.Book 2223, Page 345. 3. On May 20, 2005 a site approval letter was issued for the property by Elizabeth Dillen of the Office of Community &Economic Development, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit is approximately 800 square feet, and is located in the lower level of the principle dwelling. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and private on-site septic and is in an identified Groundwater Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved the use of the existing on-site septic system for a total number of three (3) bedrooms. 7. On April 13, 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 their 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 August 24, 2005, 6.3%of the town.'s year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan 2 i 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, Albino and Antonina Villa: 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 owners shall occupy the principal dwelling as their year-round residence. 3. This unit shall not be occupied by a family member of the owner(s). 4. The total number of bedrooms on the property shall not exceed three (3). 5.All parking for the accessory apartment and the main dwelling shall be on-site. 6. To meet the requirements of affordability, the cost of housing(including utilities) shall not exceed 30%of 80% of the median income for a single individual for the Barnstable-Yarmouth MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum term of one year. 8. The Office of Community and Economic Development shall serve as the monitoring agent for the accessory apartment. 9. The applicant must apply for a building permit for the accessory unit,whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 10. The applicants may select their own tenant provided the tenant meets the requirements of the I program as cited above and provided that person's income is reviewed and approved by the Office of f Community &Economic Development of the town of Barnstable as a qualified individual. The applicants 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 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 applicant shall file with the Office of Community &Economic Development of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability,to hold a hearing to show cause as to why this permit should not be revoked. 12. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory .Agreement and Declaration of Restrictive.Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the Office of Community &Economic Development of the town of Barnstable shall be notified within 60 days the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. 4 Ordered: Comprehensive Permit 2005-056 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 August 24, 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 fficer 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 office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 5 .b7.>e 7 7dn „B ;S :��zo '�rUy liner 6; � g AbM /1�1J7Z/r17 1i1" V?/ -9/V/rl/� x � / �•�� -t�77//( Nrg/-'- Q o � y a _ 79n 37 Y3f7v7 -7-9 vud-V z rv�fiaz�� 3� W NS FW7✓U �3�/ IN v�✓?il l!V l 61 l 7 e 7337 '�Ycldn l� n�nv� oasid�y rY•sC pvova v3� Cf -J/V/!Y!0 /V3NJ11x u1 __ - DCD F Ft► tq,,, Town of Barnstable do snxxsrnB . : Regulatory Services 9`bp 1639. .�� Thomas F. Geiler, Director lE0 MA'S a Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 9, 2005 Albino J. & Antonina M. Villa 8 Curlew Way Cotuit;MA 02635 Re: Proposed Accessory Affordable Apartment 8 Curlew Way, Cotuit Dear Property Owners: We have received the recorded Regulatory Agreement and Comprehensive Permit for the accessory affordable apartment to be created at the above-referenced address. A building permit is required whether the unit is new or pre-existing. We look forward to receiving your building permit application for the apartment. Please call me if you have any questions regarding the building permit process. Sincerely, Lois Barry Division Assistant J040616a Bk 20449 PSI W78475 1 1-07-200 1 a 11 = 54-0. o,7HKE,a,, c.,I y MAH& '] ?ED,Ay.1� .. i Town of Barnstable Zoning Board of Appeals -� Comprehensive Permit Decision and Notice p Appeal 2005-056—Villa Decision - Chapter 40B Comprehensive Permit Applicant: Albino J. and Antonina M. Villa Property Address: 8 Curlew Way, Cotuit, MA Assessor's Map/Parcel: Map 010, Parcel 019j. Zoning: Residential F Zoning District Applicants: r The applicants are Albino J. and Antonina M. Villa, who reside at 8 Curlew Way, Cotuit MA. Mr. and rr; Mrs. Villa were granted title to the property by deed recorded in the Barnstable Registry of Deeds on August 19, 1975 as recorded in Book 2223, Page 345. 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 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 in the lower level of the principle residence. Locus and Background: The property at issue is a 0.46-acre lot located at 8 Curlew Way in Cotuit. The lot.was developed in 1981 with a single-family raised ranch style home. The effective living area of the main residence is 1,665 square feet. The accessory apartment is a one-bedroom unit located in the lower level of the principle residence. The square footage of the rental area is approximately 800 square feet. The lot is served by public water and on-site septic, and is located within a Groundwater Protection Overlay District. On May 4, 2005, the town of Barnstable's Public Health Division reviewed the septic and approved the property for a total of three (3) bedrooms. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Office of Community & Economic Development on May 20, 2005, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760. An application for a Comprehensive Permit was then filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals on July 29, 2005. A public hearing before the Zoning Board of Appeals .Hearing Officer was duly advertised in the Barnstable Patriot on August 5, 2005 and August 12, 2005, and notices were sent to all abutters in accordance with MGL Chapter 40B. On August 24, 2005 Hearing Officer Gail Nightingale presided over the public hearing. Elizabeth Dillen of the Office of Community and Economic Development was also present. The applicants, Albino J. and Antonina M. Villa, were unable to attend the hearing for health reasons. Findings of Fact on the Comprehensive Permit: At the hearing on August 24, 2005 the Hearing Officer made the following findings of fact: 1. The applicants are Albino J. and Antonina M. Villa, who reside at 8 Curlew Way, Cotuit MA. They are requesting a Comprehensive Permit to convert an existing one-bedroom apartment in the lower level of the principle residence 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. Mr. and Mrs. Villa were granted title to the property by deed recorded in the Barnstable Registry of Deeds on August 19, 1975 as recorded in Book 2223, Page 345. 3. On May 20, 2005 a site approval letter was issued for the property by Elizabeth Dillen of the Office of Community &Economic Development, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit is approximately 800 square feet, and is located in the lower level of the principle dwelling. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and private on-site septic and is in an identified Groundwater Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved the use of the existing on-site septic system for a total number of three (3) bedrooms. 7. On April 13, 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 their 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 August 24, 2005, 6.3% of the town.'s year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan 2 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, Albino and Antonina Villa: 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 owners shall occupy the principal dwelling as their year-round residence. 3. This unit shall not be occupied by a family member of the owner(s). 4. The total number of bedrooms on the property shall not exceed three (3). 5. All parking for the accessory apartment and the main dwelling shall be on-site. 6. To meet the requirements of affordability, the cost of housing(including utilities) shall not exceed 30% of 80% of the median income for a single individual for the Barnstable-Yarmouth MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum term of one year. 8. The Office of Community and Economic Development shall serve as the monitoring agent for the accessory apartment. 9. The applicant must apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 10. The 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 Office of Community &Economic Development of the town of Barnstable as a qualified individual. The applicants 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 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 applicant shall file with the Office of Community & Economic Development of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 12. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive,Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the Office of Community & Economic Development of the town of Barnstable shall be notified within 60 days the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. 4 Ordered: Comprehensive Permit 2005-056 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 August 24, 2005. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. -�Lo' T G4 Nightingal Hearing Ffficer 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 th office of the Town Clerk. Signed and sealed this day of/ under the pains and penalties of perjury. ' Linda Hutchenrider, Town Clerk 5 11-07-2005 a 11 = 54u REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made thisday of ,2005, by and between Albino J. and Antonina M.Villa of 8 Curlew Way, Cotuit MA 02635 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• The terms of this Agreement and Covenant regulate the property located at 8 Curlew Way, Cotuit MA 02635 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 2223, Page 345. B. The Project located at 8 Curlew Way, Cotuit MA 02635,will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable Unit" or the "Unit"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2005-056 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book a0 , Page / D. The Owner agrees to occupy the principal dwelling unit located on the property as their year round residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES• A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable- Yarmouth MSA In the event that utilities are separately metered, a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable, has not violated any provision of law, rule or regulation,or any order of any court or other agency or governmental body, and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, s mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner, at the time of execution and delivery of this Agreement, has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants ruining with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA- In the event that utilities are separately metered, a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"), and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall 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 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 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 2223, Page 345 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 2223, Page 345. 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. XII. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and anysuccessors 3 r and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner, and (1) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. ,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 may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or an onion thereof will be liable for the payment of P J Y P P Y� 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- Oday of OC?D 8 ZA ,200_ OWNER OWNER BY: BY: Albino J.V a Antonia M.Villa COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this da of l 200 b ore me,the undersigned notarypublic,personally appeared ,t�e Owner(s) ,proved to me through satisfactory evidence of identification,which were ,to be the person(s) whose name(s) is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. ELIZABETH,4NN OILLEi el &, Notary Public Commonwealth of Massachusetts otaryPub c tiny Commission Expires IV) October 27, 2011 Printed: aj 7,dYlj Nm My Commission Expires: f � TOWN OF B STABLE BY: Signature t it' 0" IL Printed:TOWN MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this d6 d y of /3' 20gt before me,the undersigned notary public,personally appeared Jo h n C.V-I I� � ,the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were L 6lUYl ,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. yy�t Notary Pub Printed: Shlgl it/� � OakI44 My Comnvssion Expires: 3 6 OFFICIAL SEAL qv SHIRLEE MAY OAKLEY G� NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS My Comm.Expires 3/28/2008 5 1.r The Town of Barnstable Office of Community and Economic Development i63q. ♦0 230 South Street Hyannis, MA 02601 Kevin Shea Office: 508-862-4678 Director Fax: 508-8624782 April 14,2005 Mr.John C. Klimm, Town Manager Gary R Brown,Town Council President Barnstable Town Hall 367 Main Street Hyannis,MA 02601 Albino J. and Antonina Villa- 8 Curlew Way, Cotuit- a single-family accessory unit Gentlemen: This letter is to inform you that the Accessory Affordable Housing (Amnesty) Program has received a request for a project eligibility letter under the Community Development Block Grant (CDBG) Fund and under Article II of Chapter Nine of the Code of the Town of Barnstable and the Criteria for the Local Chapter 40B Program. The Program Coordinator is reviewin the request.If the Town has an comments on the project g g q Y P J 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 Attorney's Office -,--'Building Department Public Health Department Town of Barnstable Building Department Complaint/Inquiry Report Date: — Rec'd by: Assessor's No.: Complaint Name. Location Address: M/P Originator Naine: Street Wage: / State: Zip: Te1cphonc: D/E Complaint . Descri don: � p 97 Inquiry 0 Descripdon: For Once Use Only Inspector's /�-- Action/Cominents Date: /� / Inspector. �r Follow-up Action Additional Info. Attached Copy Dismbudon: g7ute-Depa=cnt File L 3'!lore-Inspector f c• ` Assessor's office(1st Floor):, Assessor's map and lot numb f 0 d SEPTIC SYSTEM MUS Conservation(4th Floor):- Ih43 T�L�.�® Iill ®MPLI Board of Health(3rd f i Sewage Permit number , �� '�` i ; WITH TITLE 5 ssa»rLntt: 9 ENVIRONMENTAL CODE � .6 � Engineering Department(3rd floor): s0' • a� r• House number I /y �°�` � �� p y�r t ) Definitive Plan Approved by Planning Board 19 APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2.00 P.M.only 'TOWN OF BARNSTABLE art 1 . BUILDING INSPECTOR APPLICATION FOR PERMIT TO �'z✓' G t�5 �- -K t`57�c✓�� C.� TYPE OF CONSTRUCTION d®6 19 E / TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit,according to the following information: C— Location D L'-r l ew w a5/ C �U Proposed Use �`��� li`1-nZ1_y Zoning District Fire District (207Z l Name of Owner `�JO h h t l 0. Address ?,Cur l e ui Vta)/ Name of Builder C/�/�£� Address Name of Architect �—' Address Number of Rooms___5 F3 enkooMS Foundation Exterior '� Roofing Floors Interior Heating Plumbing c Fireplace Approximate Cost )��® D6 Area Diagram of Lot and Building with Dimensions Fee OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name Construction Si rpervisor's License VILLA, JOHN i No 36826, Permit For :emu EXISTING DECK Loy 0. 8(-Ctariew., Way, r7� 0-wner`�" vi 1-1 a Typ', f Construction Plot Lot Permit Granted June 23 , 1994 Date of Inspection: Frame,, 19 Insulation 19 Fireplace 19 Date Completed r ' �'� 19 T. 3 c 'j r a j • TOWN OF BARNSTABLE BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION r Please print. DATE �L,/li/L= .3 99 ~ JOB LOCATION Number . Street Address Section Of ;Town "HOMEOWNER" �llJf//t/ //z L �} Name G Home Phone Work Phone i PRESENT MAILING ADDRESS O e6bez-LGL1 ww I s 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 such 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 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 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, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements HOMEOWNER'S SIGNATURE APPROVAL OF BUILDING OFFICIAL Note: Three family dwellings 35,000 cubic feet, or 'larger, will be required to comply with State Building Code Section 127.0, Construction Control. MISCS HOME OWNER'S EXEMPTION The code states that: "Any Home Owner performing work for which a permit is required shall be exempt. from the provisions of this sectionlding r (Section 109. 1.1 -Licensing of Construction Supervisors) ; Home Owner engages a person s) for hire to do such work that such if Owner shall act as supervisor. " me Many Home Owners who use this exemption are unaware that the the responsibilities of a supervisor see A Y are assuming for Licensing. Construction Supervisors, Sectiond2.�155) .RuThisakegulations awareness often results inlack' o serious problems, particularly when the Home ..Owner hires unlicensed persons. In this case our Board cannot proceed acfainst the unlicensed person as P ed Home O it would with Owner acting as supervisor is ultimatelyresponsible.- To supervisor. The s o p nsible. To ensure that the Home Owner is fully aware of his/her responsibilities, many communities require, as part of the permit application that Owner certify that he/she understands the responsibilities of a s�� the Home On the last page of this issue is a pertiisor. You may care to amend and adopt suchfarform/certificatuseionyfoeve al towns. community. a in your 7. r � w� .y 1f. l .. �,- �-� c'� u/1� -�ilGl��iiYzq ��.�2 �r�`�i /J�l� GfJUY1�a� 9 ��� �� '� �--__ �' l6 ' /4 � �x�s'Tiv� iJ�cX �. : ., �.4 S� � � + 4.� ` 1 ��, \ Assessor's offioe (1st floor);Board of Health (3rd floor): Assessor's map and lot number ...................................... (. C INSTALLED C0 ` o� /�� -- KITH Sewage Permit number .................... ..�...! "'i� d - . RON� ��.pp� ���k�s�� ENV MENTAL = BABd9T1►DLL � Engineering Department (3rd floor): �/�' I� House number .................................. ... ........ .aZ7`/� TOWN REGUI� APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only TOWN OF BARNSTABLE BUILDINA INSPECT R APPLICATION FOR PERMIT TO ....... ... ..... .....4:.... ....... ............................................... TYPE OF CONSTRUCTION ............... .. ... . .... ... ....... ................... ................ ........ ...........19... TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ...............U....... . ........ . .............. ......I............................ G�..c -.( .. .., ..................................................... ProposedUse ...... .......... ... . ................................................................................................................................. Zoning District ......... c.......!.............................................Fire Distract ....... 4 4.,;Name of Owner .. . (/i����i ......................Address 1 ...... �... ....... ... ..o�6� Name of Builder ... . .......................................Address ....... Nameof Architect ..................................................................Address .................................................................................... Numberof Rooms ..................................................................Foundation .............................................................................. Exterior ....................................................................................Roofing .................................................................................... Floors ......................................................................................Interior .................................................................................... Heating ..................................................................................Plumbing ...... ' ` A. ...................................................................Approximate Cost .... ..,/ © .:........................................ Fireplace ............... Azo Definitive Plan Approved by Planning Board --------------------------------19-------- . Area ..../ ....... .�. .. Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH f � r�—� OCCUPANCY PERMITS REQUIRED FOR NEW DWELLING I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. .Name ... ................................... Construction. Supervisor's License VILLA, ANN 31646. Build Shed No-................. Permit for .................................... Accessory to Dwelling . .......................................................................... Location ..8...Curlew...Way................... .. .. .. . ..... .. .... Cotuit ............................................................................... Ann Villa Owner .................................................................. Type of Construction ...................Frame....................... . ............................................................................... Plot ... ....................... Lot ................................ Permit Granted ...........March 1.,.,.......19 88 .................. Date of`Inspection ....................................19 Date Compl-6ted ........... .......................19 n 5z f i b btIto +0 as ' 'f 4 0 3 cL, i i „ N TOWN-OF BARNSTABLE Permit No. __ i sin Building Inspector Cash ---___ tea(, 6)9• `� _ 4. .. .... OCCUPANCY PERMIT Bond -- -� W-4 ructure "Nd building nor structure shall be erected, and no land, building or st shall be used for a new, different, changed, or enlarged use without a- Building Perihit ;therefor;; _• first having been--obtained from the Building Inspector. No building shall be.occupied.until a certificate of occupancy has-been issued by the Building Inspector, Issued to �Juiin V i i is Address Wiring Inspector y/ ? `.�'/_s�y� ... ' Inspection date w... Plumbing Inspector `{4/ ai_ ,, Inspection date •�pp '” s _ d 1U . -c pe �t �i� Inspection date f Gas Inspector ��� �`7`�.-,�% . -�. -, �.�J .•�a�1r Engineering Departments f � f: Inspecti6n.dater" w 0 THIS PERMIT WILL NOT BE VALID, AND THE BUILDING. SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING'INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS. r f 19 ...............;�f, •_, � ...................... ..V. Building�Inspeetor FROM F TOWN OF BARNSTABLE Clerk BUILDING DEPARTMENT To Francis Lahteine 367 MAIN STREET- HYANNIS, MA E> 1 • bwn � • Phone: M-1120 SUBJECT: FOLD HERE t DATE " J 3 194 MESSAGE _ Work has been ompleted under Permit #23397 Vchn Villa) Please release Bm d. fr • t SI NED DATE i REPLY SIGNED N87•RMI RECIVIENT:RETAIN WHITE COPY,,RETURN PINK COPY FRINTED..-N U.S:A. * 1 SENDER: SNAP OUT YELLOW COPY ONLY.SEND WHITE-AND PINK COPIES WITH CARBON INTACT. 41 4(1 Assessor's map and 'lot':number fd., f/ ;,.. n - k /� �M�p��� f SYSTEM pi THE Sewage Permit number. ...... SEPTIC . . INSTAI.LED IN COMPUA Z BARNSTABLE, i House number ... ./LYJ. ................... r WITH Tftt.E 5 MAGa ENVIRONMENTAL CODE o 39 a TOWN , OF .- B A R N STXULE_LIIATIONS BUILDING INSPECTOR 'r APPLICATION FOR PERMIT TO <.. L�.. �C� w�G1-�� ...�... .J ��/2 TYPE OF CONSTRUCTION ... ...................................................................:.... .........19. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the/following information: Location ,l evY C`�o v�............................................ . . ............, ..............v .�....+�'.................J............... .............. ............... Proposed Use ...........�. / J..L ........ .. ✓U(�:.......................................................................... ..... . .. .. Zoning -District .........f..1...... ...........................................Fire District ...:.... .................................. T�644 of Ow er V ..........4..............Address ............................................................yl........... �f�« .................. ..... ............... of Bui derc-A41O 00041 "" U� 16&;dress �G O ��/� ..4� ..W ../�f��,(�/ ............. ............................ .......................................................... .Sill Name of Architect .....................................................f��C .............A dress .................................................................................... ,)t#Number of Rooms .......... ....Foundation 404�v�' ....................i....... X So .46 4 4�� OCIW-80AA4 C 13 )e Gvo0� odE�t, ' CDX Floors .................... ......................... ... ................Interior ...........�W.V,14 �-......................................... Heating �� ....Plumbin f ', s. /..S Fireplace .......:f/ �....................... ...............................Approximate Cost ........... ........................... F Definitive Plan Approved by Planning Board ________________________________19________. Area .......:.......;....... Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH r I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. 001 Name ..... ......... .. ...................`......... .................. r � uI LA, JOHN 6F,No 2.3.3.9.7.. Permit for .....One....S tort' ....... .. .... .... .. Sin Dwelling............... ..... ............................ Location .... 8...Cu.rl.e3g...Way....... .. ..... .... .. .............. ............................................ Owner ......John...Villa.................................. Type of Construction ...FXaMe.......................... ................................................................................ ,Plot ........................... Lot ............ ................... Permit Granted ....August..21..........19 81 ... ........ Date of .....................19 Date Completed ..... ... ....19 r mPERMIT REFUSED ........ ...................................... 19 .......................1�...................... Qr p..................................................... ............................................... ...... ..... Ms ... ....... .......... . ..... ... .... . ... .. sir 4 ApproVe- .................................................. 19 7i?A...... .. ..................................................... ......................... u x w , � FT a �� �,5. nA ^� •K, r t T. - 'k'F'';b•`r 7 '.r htl :� fi < d° 'S 1ji S •Y '`r=r )d r t tx S .00• 'v F O L/ 01 00 EN D pa 7-10AI- � y,o M _ -Ca _. _ _ " - •mob ZV 7 _/one O 'Ft ET /9$o vE-' y CERTIFIED PLOT PLAN IN CoTcri7 M/9SS L3CiNl, " 4 oT 7 aN nL.gn- L�J� /99 IRA R.THACHER, JR. REG. LAND SURVEYOR SO. YARMOUTH , MASS. DATE 8-18- 81 SCALE /.,.,3 ti F b; DRAWN BY %/'1?" . . SHEET _7 - OF /-- IR I CERTIFY THAT THE v! 32IA�O �NDAT/off SHOWN ON THIS . PLAN f�>U su o� CONFORMS TO THE.ZONING BY- LAWS OF THE TOWN OF:BW1,-ivS7'-96LE ol REG. LAND SURVEYOR Amnesty Apartments Last Name VILLA First Name ALBINO J.&ANTONINAmmM 2nd Owner ? 2nd Owner _ Last Name _._.._._." First Name Map Parcel 010019 Property No 8 Property Street CURLEW WAY Village COTUIT _]State MA 1 Zip 02635 Status lCertificate of Compliance Action Required JNoqe Assessors Use Group ISingle Family Comp Per Issue 9/5/2005 Recorded Date 11/7/2005 Application# r-886531 Permit Issued: 11/29/2005 C of C Total 1 Program Total 1 Descripton fl—EDNO—OM,2 PEOPLE,EXISTING LOWER LEVEL Cert of Occupancy Issued: 12/6/20051 Cert of Compliance Issued 12/12/2005j Notes 3/16!06 HOUSE ON THE MARKET, ISSUE OF#OF BEDROOMS RG EMAIL TO AMNESTY,AMNESTY LETTER TO OWNER