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Town of Barnstable
Certificate of Zoning Compliance
Certificate 2019-29
Map 289 Owner Name as of 1/1/18:
Parcel 040
Address 40 Arbor Way FEDERAL NATIONAL MORTGAGE
Village Hyannis ASSOCIATION
Zone RB Single-family 1100 15TH ST NW
Residential Zone WASHINGTON, DC. 20005
Overlay WP Water Protection Overlay
Year Constructed— 1965
Lot Size 0.32 acres Property Use: Single Family Residential
RB Setbacks:
Front Yard 20
Side Yard 10 Cert of Occupancy: NO
Rear Yard 10 Date: Permit#
Open Permits: No
Zoning Relief: Comprehensive Permit (4013) Issued. Planning 508-862-4678.
Permits:
Building Permit# 20158 05/02/1978 12X24 vinyl lined pool
Building Permit#12038 12/04/1995 Fill in existing pool
Building Permit#20061484 07/10/2006 Existing apartment in lower level—no new construction
Code Violations:
Zoning Code No open violations on file
Building Code: No building permits on file for original construction of affordable accessory unit
(2006) on lower level.
Zoning Violations: No open violations on file.
Zoning Relief: Appeal#2006-036 Refer to Planning for definitive check& details. 508-862-4678.
Site Plan Review: N/A
Zoning History: The subject property was developed in 1965 as a single family home situated on 0.32 acre.
It contains 4 bedrooms and 2 '/2 baths. A comprehensive permit to allow a 500 sq. ft.
dwelling unit containing 1 bedroom in the lower level was approved with conditions and
issued to Jane E. Hopkins. Subsequent owners must meet the required criteria and obtain
a comprehensive permit in their own name in order to legally occupy space. May be
required to update unit to meet all current safety codes if necessary.
Reviewed by Title Date:
Robin C. Anderson Code Compliance Manager 12/31/2019
7a 702
Town of Barnstable
Certificate of Zoning Compliance
Certificate 2019-29
Map 289 Owner Name as of 1/1/18:
Parcel 040
Address 40 Arbor Way FEDERAL NATIONAL MORTGAGE
Village Hyannis ASSOCIATION
Zone RB Single-family 1100 15TH ST NW
Residential Zone WASHINGTON, DC. 20005
Overlay WP Water Protection Overlay
Year Constructed— 1965
Lot Size 0.32 acres Property Use: Single Family Residential
RB Setbacks:
Front Yard 20
Side Yard 10 Cert of Occupancy: NO
Rear Yard 10 Date: Permit#
Open Permits: No
Zonin$t Relief: Comphrenshive Permit (4013) Issued. Planning 508-862-4678.
Permits:
Building Permit# 20158 05/02/1978 12X24 vinyl lined pool
Building Permit#12038 12/04/1995 Fill in existing pool
Building Permit#20061484 07/.10/2006 Existing apartment in lower level—no new construction
Code Violations:
Zoning Code No open violations on file
Building Code: No building permits on file for original construction of affordable accessory unit
(2006) on lower level.
Zoning Violations: No open violations on file.
Zoning Relief: Appeal#2006-036 Refer to Planning for definitive check& details. 508-862-4678.
Site Plan Review: N/A
Zoning History: The subject property was developed in 1965 as a single family home situated on 0.32 acre.
It contains 4 bedrooms and 2 % baths. A comprehensive permit to allow a 500 sq. ft.
dwelling unit containing 1 bedroom in the lower level was approved with conditions and
issued to Jane E. Hopkins. Subsequent owners must meet the required criteria and obtain
a comprehensive permit in their own name in order to legally occupy space. May be
required to update unit to meet all current safety codes if necessary.
Reviewed by Title Date:
Robin C. Anderson Code Compliance Manager 12/31/2019
PEMCO
1, I M I T E D TOWN OF 6ARNSMI
7010 DEC 19 AM I h 57
PEMCO-Limited
3131 South Vaughn Way, Suite 428
Aurora, CO 80014 (T)T 7SION
Town of Barnstable
Attn Robm Anderson
2o"Nlf in,IS
Hyannis, MA 02601,
Date: 12/13/19
RE: Code Violations Search
Dear Code Enforcement
Please see attached check for the $7500; search fee required by your city. PEMCO-Limited
represents Fannie Mae,the owner of record of the property located at:
40 ARBOR WAY, HYANNIS MA 02601
We would like to request copies of the following:
1) Copies of open code violations and summons (if applicable) attached to the property.
2) If there are open invoices pertaining to the code violation or past due liens, please send copies
along with the fee breakdown.
Thank you for your time!
Nicholaus Rice
Property Specialist
Direct: (770) 609-6832
nick.rice@pemco-limited.com
PEMCO-Limited,4600 S.ULSTER ST,STE 530, DENVER,CO 80237
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Amnesty Program
Helping to make affordable housing possible.
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Certificate of Compliance
This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code
and Town of Barnstable zoning ordinances in accordance with the Amnesty program.
Owner Jane E. Hopkins
Location 40 Arbor Way, Hyannis, MA
Unit Capacity ne bedroorn, not to exceed two People
Inspector
M/P No. 289-040
7/17/2006
Town of Barnstable
Building Department - 200 Main Street
BARNSTABLE, * Hyannis, MA 02601
9 MASS.
1639. , (508) 862-4038
RFD MA'S A
Certificate of Occu pancy
Application Number: 20061484 CO Number: 20060074
Parcel ID: 289040 CO Issue Date: 07/17106.
Location: 40 ARBOR WAY Zoning Classification: RESIDENCE B DISTRICT
Owner: HOPKINS, JANE E Proposed Use: RESIDENTIAL
40 ARBOR WAY
HYANNIS, MA 02601 Village: HYANNIS
Gen Contractor: HOMEOWNER Permit Type: RC00
CERTIFICATE OF OCCUPANCY RES
Comments: AMNESTY CERTIFICATE OF OCCUPANCY
/i In
Building Department Signatur Date Signed
A
tHE TOWN OF BARNSTABLEBuilding
ti
Application Ref: 20061484 PermBARNSTABLE, Issue Date: 07/10/06 it
9 MASS.
�p 1639• ak Applicant: HOPKINS,JANE E Permit Number: B 20060595
rFo nna'�
Proposed Use: RESIDENTIAL Expiration Date: 01/07/07
Location 40 ARBOR WAY Zoning District RB Permit Type: AMNESTY APT NO CONSTRUCT RES
Map Parcel 289040 Permit Fee$ 25.00 Contractor HOMEOWNER
Village HYANNIS App Fee$ License Num
Est Construction Cost$ 0
Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND
EXISTING APARTMENT,NO CONSTRUCTION THIS CARD MUST BE KEPT POSTED UNTIL FINAL
INSPECTION HAS BEEN MADE. WHERE A
CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH
Owner on Record: HOPKINS,JANE E BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL
Address: 40 ARBOR WAY INSPECTION HAS BE ADE.
HYANNIS,MA 02601
Application Entered by: LB Building Permit Issued By:
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY,O ERMANENTLY.
ENCROACHEMENTS ON PUBLIC PROPERTY,NOT.SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.
STREET OR ALLY GRADES AS:W ELL AS DEPTH AND"LOCATION OF PUBLIC SEWERS MAY BE'OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS:';
THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS.OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.,
MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK:
1.FOUNDATION OR FOOTINGS.
2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED.
3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION.
4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH).
5.INSULATION.
6.FINAL INSPECTION BEFORE OCCUPANCY.
WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS.
WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION.
PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF
DATE THE PERMIT IS ISSUED AS NOTED ABOVE.
PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c,142A).
NOV
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BUILDING InNSSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
2 2 2
3 1 Heating Inspection Approvals Engineering Dept
Fire Dept 2 Board of Health
oFt►�To,,, Town of Barnstable
BARNSTABLE, : Regulatory Services
16 • ,0� Thomas F. Geiler, Director
ArFD��.p
Building Division
Tom Perry Building Commissioner
200 Main Street, Hyannis, MA 02601
Office: 508-862-4038 Fax: 508-790-6230
June 19, 2006
Jane E. Hopkins
40 Arbor Way
Hyannis, MA 02601
Re: Proposed Accessory Affordable Apartment
Dear Ms. Hopkins:
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
°FIME t
Town of Barnstable
1ARNSPABLE, : Assessing Division
9 '3, 9. �� 367 Main Street, Hyannis MA 02601
�ArFD MA'S A
www.town.barnstable.ma.us
Office: 508-862-4022 Jeffrey A.Rudziak,MAA
FAX: 508-862-4722 Director of Assessing
Assessed Owner if Different
HOPKINS, JANE E
HOPKINS, JANE E
HOPKINS, JANE E --
40 ARBOR WAY
HYANNIS, MA 02601
THE BOARD OF ASSESSORS VOTED ON 05/09/06
TO ALLOW A REAL ESTATE ABATEMENT
CERTIFICATE # 56916 DATED 05/03/06
LEVY YEAR: 2006 BILL NUMBER: 13223
PARCEL: .289-040 = LOC: 40 ARBOR WAY
ORIGINAL LEVY ABATE ADJUSTED LEVY REFERENCE
2 , 220 . 53 444 . 00 1, 776 . 53 ERROR
---- - -------------------------
ASSESSORS OFFICE
* Please7"contact the Tax Office at 508-862-4054 for your balance due .
THIS FORM APPROVED BY COMMISSIONER OF REVENUE STATE TAX FORM 147
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION "
Map Parcel ov Q Permit# d l»
Health Division Date Issued 7LI a 26
Conservation Division Fee
Tax Collector Application Fee
C91; `
Treasurer
Planning Dept. Checked in By
Date Definitive Plan Approved by Planning Board Approved By
Historic-OKH Preservation/Hyannis
&0 A r
Project Street Address
L a
s
Village
Owner J Q lt,6V 44" Address A, y6ol
Telephone Q ® 5
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Permit Request U
Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total neO
Valuation Zoning District Flood Plain Groundwater Overlay;
Construction Type
Lot Size 3� 4L'L4 '�0 Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation:' r
Dwelling Type: Single Fami Two Family ❑ Multi-Fami (#units)
Age of Existing Structure Historic House: ❑Yes No On Old King's High fay:` ❑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 _0
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:❑existing ❑new size Barn: ❑existing ❑new size
Attached garage: ❑existing ❑new size Shed:❑existing ❑new size Other:
Zoning Board of Appeals Authorization ❑ Appeal# �_Q0 Recorde -
Commercial ❑Yes ❑No If yes, site plan review#
Current Use Proposed Used
BUILDER INFORMATION
Name G e-c.2,2::z Telephone Number
Address License#
Home Improvement Contractor#
Worker's Compensation#
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE DATE
s
FOR OFFICIAL USE ONLY
PERMIT NO.
1
DATE ISSUED
MAP/PARCEL NO.
, 4
;. ADDRESS VILLAGE 'j r
OWNER
DATE OF INSPECTION:
FOUNDATION
FRAME
I, INSULATION
FIREPLACE
ELECTRICAL: ROUGH FINAL
L' PLUMBING: ROUGH FINAL ;
' GAS: ROUGH FINAL
FINAL BUILDING
1
DATE CLOSED OUT
ASSOCIATION PLAN NO.
r ,
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Doc: 1s036s664 06-16-2006 11 :53
BARNSTABLE LAND COURT REGISTRY
pp
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Town of Barnstable
Zoning Board of Appeals
Comprehensive Permit Decision and Notice
Appeal 2006-036-Hopkins
Decision - Chapter 40B Comprehensive Permit
Applicant: Jane E. Hopkins
Property Address: 40 Arbor Way, Hyannis, MA
Assessor's Map/Parcel: Map 289, Parcel 040
Zoning: Residential B Zoning District
Applicants:
The applicant is Jane E. Hopkins, who resides at 40 Arbor Way, Hyannis, MA. Ms. Hopkins was granted
title to the'property by deed recorded in the Barnstable an Court Registry on December 20, 2005 as
recorded in document numbered 1,021,827 and certificate of title number 178839.
Relief Requested:
. The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the
p Commonwealth of Massachusetts, and in accordance with Article II of Chapter Nine of the Code of the
T town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program."
�— The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9-
14 of the Code — Amnesty Program to permit an accessory apartment within a single-family owner=
occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory
affordable apartment unit in the lower level of the principal residence.
Locus and Background:
G' The property.at issue is a 0.32-acre lot located at 40 Arbor Way in Hyannis. The lot was developed in
1965 with a single-family home. The effective living area of the main residence is 1,525 square feet. The
accessory apartment is a one-bedroom unit located in the lower level of the principal residence. The
square footage of the rental area is approximately 500 square feet.
r The lot is served by public water and on-site septic, and is located within a Wellhead Protection Overlay
District. The town of Barnstable's Public Health Division reviewed the application, and on March 8, 2006
approved the property for a total of four(4)bedrooms with the existing on-site septic system.
Procedural Summary:
A site approval letter was issued for the property by Elizabeth Dillen of the Growth Management
Department on March 29, 2006, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site
f approval letter was sent to the Department of Housing and Community Development in accordance with
the requirements of CMR 760. . An application for a Comprehensive Permit was then filed at the Town
Clerk's Office and the Office of the Zoning Board of Appeals.
A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the
Barnstable Patriot on March 31, 2006 and April 7, 2006, and notices were sent to all abutters in.
accordance with MGL Chapter 40B.
i s
On April 26, 2006 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Jane
E. Hopkins, was present at the hearing. Madeline Taylor.of the Growth Management Department was
also present. Ms. Nightingale reviewed the file with the applicant to assure compliance with all of the
program requirements.
Findings of Fact on the Comprehensive Permit:
At the hearing on April 26, 2006 the Hearing Officer made the following findings of fact:
1. The applicant is Jane E. Hopkins who resides at 40 Arbor.Way, Hyannis, MA. .She is requesting a
Comprehensive Permit to convert an existing unpermitted one-bedroom apartment located in the lower
level of the principal residence into an accessory affordable apartment. The conversion of the unit to
an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for
the "Accessory Affordable Apartment Program."
2. Jane E. Hopkins was granted title to the property by deed recorded in the Barnstable Land Court
Registry on December 20, 2005 as recorded in document numbered 1,021,827 and certificate of title
number 178839.
3. On March 29, 2006 a site approval letter was issued for the property by Elizabeth Dillen of the
Growth. Management Department, in accordance with MGL Chapter 40B and 760 CMR. Notice.of the
site approval letter .was sent to the Department of Housing and Community Development, in
I
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 500 square feet, and is located in the lower
level of the principal 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 Wellhead
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 four(4)bedrooms.
7. On February 27, 2006 the applicant 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 her principal 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 Metropolitan Statistical Area (MSA)
and further agrees that rent (including utilities) shall not exceed 30% of the monthly household income
of a household earning 80% of.the median income, adjusted by household size. In the event that
utilities, are separately metered, the utility allowance established by the town of Barnstable shall be
deducted from rent level so calculated.
9. According to the Massachusetts Department of Housing and Community Development, as of April
26, 2006, 6.8% of the town's year round housing stock qualifies as affordable housing units. The town
has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23
or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan encourages the
use of existing housing to create affordable units and the dispersal of these units throughout the town.
2
Finding Summary:
Based upon the findings, the Hearing Officer ruled that the applicant has standing to apply for a
Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment
Program. The proposal is also deemed consistent with local needs because it adequately promotes the
objective of providing affordable housing for the town of Barnstable without jeopardizing the health and
safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed.
Ruling and Conditions:
Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL
Chapter 40B to the applicant, Jane. E. Hopkins. It is issued to allow for a one-bedroom accessory
affordable apartment unit in accordance with the following conditions:
1. Occupancy of the affordable unit shall not exceed two persons.
2. The total number of bedrooms on the property with the existing on site septic system shall.not
exceed four(4).
3. The property owner shall occupy the principal dwelling as her principal residence.
4. This unit shall not be occupied by a family member of the owner(s).
5. All parking for the accessory apartment and the main dwelling.shall be on-site.
6. To meet the requirements of affordability, the cost of housing (including utilities) shall not exceed
30% of 80% of the median income for a single individual for the Barnstable MSA. In the event that
utilities are separately metered, the utility allowance established by the town of Barnstable shall be
deducted from rent level so calculated.
7. All leases shall have a minimum term of one year.
8. The Growth Management Department shall serve as the monitoring agent for the accessory
apartment.
9. The applicant 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 applicant may select her own tenant, provided the tenant meets the requirements of the
program as cited above and provided that person's income is reviewed and approved by the Growth
Management Department of the town of Barnstable as a qualified individual. The applicant will be
required to work with the town to. provide information necessary to document that the tenant
qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or
family. Whenever a vacancy occurs, notice must be given to the Growth Management Department
and the unit must be listed with the Town.
3
i
11. Every twelve months the applicant shall review the income eligibility of the individual occupying
the unit. No later than a year from the date of issuance of this Comprehensive Permit, the applicant
shall file with the Growth Management Department of the town of Barnstable an annual affidavit
listing the rent charged and income level of the occupant of the unit. The applicant shall provide the
town any additional information it deems necessary to {verify the. information provided in the
affidavit. Upon any report from the town that the terms and conditions of this permit are not being
upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to
show cause as to why this permit should not be revoked.
12. This Comprehensive Permit shall not be transferable to any other person or entity without the
prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory
Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed
at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the
Growth Management Department of the town of Barnstable shall be notified within 60 days of the
name and address of the new owner.
13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its
issuance or it shall expire.
Ordered:
Comprehensive Permit 20067036 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 April 26, 2006. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board
Member has taken action to reverse the decision.
S
Gail ightingale, aring facer Date Signed
1, Linda Hutchenrider, Clerk of the Town of Barnstable Barnstable County, Massachusetts hereb certify
Y fY
that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that rto
appeal of the decision has b enfilled i he office of the Town Clerk.
v
Signed and sealed this day of 0 the pains and penalties of perjury.
� r
Linda Hutchenrider, Town Clerk
4
Doc= 1 s 036 s 665 06-16-2006 11 a S3
i'
i BARNSTABLE LAND COURT REGISTRY
REGULATORY AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
THIS�GULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS, is made
this tY V r day of ,/i 2006, by and between Jane E. Hopkins of 40 Arbor Way, Hyannis,MA
02601 and its successors and assigns (Hereinafter the "Owner"), and the TOWN OF BARNSTABLE (the
"Municipality"), a political subdivision of the Commonwealth;
WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter
40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in,
an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family (hereinafter
"Designated Affordable Unit");and
NOW THEREFORE, in mutual consideration of the agreements and covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree
as follows:
1. PROJECT SCOPE AND DESIGN:
A. The terms of this Agreement and Covenant regulate the property located at 40 Arbor Way, Hyannis,
MA 02601 as further described in deed recorded herewith as Barnstable Land Court Registry document
1,021,827 & certificate of title 178839.
B. The Project located at 40 Arbor Way, Hyannis, MA 02601 will consist of one accessory apartment unit
which will be rented to an eligible low or moderate income individual or family (the "Designated Affordable
Unit" or the"Unit").
JC. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit
Appeal No. 2006-36 and any plans submitted therewith and all applicable state, federal and municipal 1 w and
regulations. Said permit is recpAded herewith as Barnstable Land Court Registry document 10 6 /
p & certificate of title�.
(� D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal
residence in accordance with the terms of the comprehensive permit.
II. THE OWNER'S COVENANTS AND RESPONSIBILITIES:
�J
A. THE OWNER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS:
1 In receiving the comprehensive permit to create the Designated Affordable unit, the Owner agreed•that
the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and
decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan
'S•tatistical Area (1VISA) and that the Designated Affordable Unit shall be deemed to be impressed with a public
trus t.
2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income
of 80% of the Area Median Income (AMI) of Barnstable MSA and that rent (including utilities) shall not exceed
an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In
the event that utilities are separately metered, a utility allowance established by the Barnstable Housing Authority
shall be deducted from the rent level.
3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at
least a one-year lease.
4. The Owner has the full legal right,power and authority to execute and deliver this Agreement.
5. The execution and performance of this Agreement by the Owner will not violate or, as applicable, has
not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental
body, and will not violate or, as applicable,has not violated any provision of any indenture,agreement,mortgage,
mortgage note, or other instrument to which the Owner is a party or by which it or the Owner is bound,will not
result in the,creation or imposition of any prohibited encumbrance of any nature.
6. The Owner, at the time of execution and delivery of,this Agreement, has good, clear marketable title to
the premises.
7. There is no action, suit or proceeding at law or in equity or by or before any governmental
instrumentality or other agency now pending, or, to the knowledge of the Owner, threatened against or affecting
It, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on
business substantially as now conducted (and as now contemplated by this Agreement) or would materially
adversely affect its financial condition.
B. COMPLIANCE
The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of
Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and
covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of
estate are also deemed to be satisfied in full.
C. LIMITATION ON PROFITS
1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a
household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable
Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed an amount that is
affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that
utilities are separately metered, a utility allowance established by the Barnstable Housing Authority shall be
deducted from the rent.
2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent, as designated by the
Town Manager, proof that the Designated Affordable Unit is rented, the tenant's income verification, a copy of
the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the
Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenam. 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 MSA and that rent
(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the
median income of Barnstable MSA. In the event that utilities are separately metered, a utility allowance
established by the Barnstable Housing Authority shall be deducted from the rent.
V. RECORDING OF AGREEMENT:
Upon execution,the OWNER stall 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
2
I ,
to the Municipality evidence of such recording or filing including the date and instrument, book and page or
registration number of the Agreement.
VI GOVERNING OF AGREEMENT:
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any
amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of
any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof.
VIII. NOTICE:
All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when
delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the
parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate
by written notice.
Ix. HOLD 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 nun in perpetuity in favor of and be held by the Municipality as any other
Permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall.
run with the land described in deed recorded herewith as Barnstable Land Court Registry document
1,021,827 & certificate.of title 178839 and shall.be binding upon the Owner and all successors in title . This
Agreement is made for the benefit of the Municipality.and the Municipality shall be deemed to be the holder of
the restriction created by this Agreement. The Municipality has determined that the acquiring of such a
restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of
estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the
property described in deed recorded herewith as deed recorded herewith as Barnstable Land Court
Registry document 1,021,827 & certificate of title 178839.
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 only take effect after: 1) expiration of tht lease terms
entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said
dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date
certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County
Registry of the Land Court as the case may be, thus rendering said Comprehensive Permit void. Upon the
cancellation of the comprehensive permit, the property which is the subject matter of this restrictive.covenant
shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void.
3
XII. SUCCESSORS AND ASSIGNS:
A. The Parties to this Agreement intend, declare, and covenant on behalf of themselves and any successors
and assigns their rights and duties as defined in.this Regulatory Agreement and the attached comprehensive
permit.
B. The Owner intends, declares, and covenants on behalf of itself and its successors and assigns (i) that this
Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running
with the land, encumbering the Project. for the term of this.Agreement, and are binding upon the Owner's
successors in title, (ii) are not merely personal covenants of the Owner, and (iii) shall bind the Owner, its
successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of
the Agreement.
XIII. DEFAULT:
If any default, violation or breach by the Owner of this Agreement is not cured to the satisfaction of the
Monitoring Agent within thirty (30) days after notice to the Owner thereof, then the Monitoring Agent may send
notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The
Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses, including legal
fees, incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the
Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and
expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth
the amount of.the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land
Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of
any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the
Project or portion thereof. .
XI-V. 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?"day of T—IA-St ,2006.
OWNER
BY:
Signature
Printed: Jane E. Hopkins
COMN-TONWEALTH OF MASSACHUSETTS
County of Barnstable, ss:
On this L d y of �t 2006 before me, the undersigned notary public, personally appeared
LQ- , the Owner(s), proved to me through satisfactory evidence .
of identification, which were 1\- , 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.
4
I ,
Notary Public
Printed: _ My Commission E pires MADELINE P.TA 'LOR
Netwy*Pic
Commonweafth of Massachusetts
My Commission Expires pares
TOWN OF BARNSTABLE December 4,2009
BY:
T MANAGER
COMMONWEALTH OF MASSACHUSETTS
County of Barnstable, ss:
_ On this 1A day of J&nr 2006 before me, the undersigned notary public, personally appeared
.10A n K 4-/in f", the Town Manager for the Town of Barnstable, proved to me through satisfactory
evidence of identification, which were aej-, i"aLj
kj 1 Aam , to be the person whose name is signed on
the preceding or attached document aid acknowledged to be that he/she signed it voluntarily for the stated
purposes.
Notary ublic
Printed: / _G My Commission Expires: ` 'A
COM&ION..; ;:Y
in
irr...,_. ET
GL:. .MY COmm.Expiras 3q
0 IC:IAL SEAL
SHIRLEE MAY OAKLEY
NARLIC COMMONWEiu N OF MA88ACHour
nay Comm Expku 3/28/2008
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Parcel Detail Page 1 of 2
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Logged In As: Parcel Detail
Tuesday, Jur
Parcel Lookup
Parcel Info
Parcel ID �289-040 _ I Developer LOT 19
Lo
Location ,40 ARBOR WAY Pri Frontage 100
Sec Road ' Sec Frontage
VillageHYANNIS I Fire District HYANNIS
Sewer Acct i I Road Index 0036
Owner_Info _
Owner[HOPKINS, JANE E �I� Co-owner L_.. ��-���_____
streets i40 ARBOR WAY Street2
city HYANNIS ( State FMA zip 026 1010 Country
Land Info
_...-Acres 10.32 _ use jSingle Fam MDL-01 I zoning lFRB� Nghbd 0105
Topography;Leyel , Road Paved
Utilities,Public Water,Gas,Septic
Construction Info
Building 1 of 1
Year 1196i Roof Struct Ga Wall
d ble�Hlp J Ext Vinyl Siding
Built. I
Effect 11525 I Roof`As h/F Gls/Cm _ AC None
i
Area ! Covers p p Type
_—-—-
nt Bed
Style !Split-Level I Wau!Drywall Rooms 13 Bedrooms
Int Bath
Model Residential !2 Full + 1
I Floor! I Rooms
Heat,, �- Total �
Grade;Average Hot Water oRoR oms I �
Type : RoomsHeat nd-
. "CBI
stories j 1 Story Fuel?Oil �I F ation I Poured Conc.�
http://issgl/intranet/propdata/PareelDetail.aspx?ID=22039 6/27/2006
Parcel Detail Page 2 of 2
Permit History
Issue Date Purpose Permit# Amount Insp Date Comme
12/1/1995 12038 $0 1/15/1996 12:00:00 AM HY DEN
7 Visit History
Date Who Purpose
2/12/2002 12:00:00 AM Paul Talbot Meas/Listed
6/15/1988 12:00:00 AM ML
- Sales History
Line Sale Date Owner Book/Page Sale P
1 12,120/2005 HOPKINS, JANE E C178839
2 11'15/1991 HOPKINS, JANE E & CHRISTINE LYNN C124799
3 HOPKINS, JANE E C561080
Assessment History
Save# Year Building Value XF Value OB Value Land Value Total Parce
1 2006 $133,300 $18,300 $0 $147,700
2 2005 $124,200 $18,100 $0 $133,800
3 2004 $101,000 $18,100 $0 $100,400
4 2003 $91,800 $18,100 $0 $44,100
5 2002 $91,800 $12,700 $0 $44,100
6 2001 $91,800 $12,700 $0 $44,100
7 2000. $69,900 $12,000 $0 $33,000
8 1999 $69,900 $12,000 $0 $33,000
9 1998 $69,900 $12,800 $0 $33,000
10 1997 $80,800 $0 $0 $33,000
11 1996 $80,800 $0 $0 $33,000
12 1995 $80,800 $0 $0 $33,000
13 1994 $74,300 $0 $0 $29,700
14 1993 $74,300 $0 $0 $29,700
15 1992 $84,400 $0 $0 $33,000
16 1991 $102,100 $0 $0 $46,100
17 1990 $102,100 $0 $0 $46,100
18 1989 $102,100 $0 $0 $46,100
19 1988 $64,900 $0 $0 $22,800
20 1987 $64,900 $0 $0 $22,800
21 1986 $64,900 $0 $0 $22,800
Photos
http://issql/intranet/propdata/ParcelDetail.aspx?ID=22039 6/27/2006
I
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0. The Town of Barnstable ?006" gy H
pp
� BARNSTABLE. • I 1 p07
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MASS.
i639 Growth Management Department
���
ArFD MA'S A
367 Main Street, 3rd Floor m---- -•---
Hyannis, MA 02601 �DIVISION
Tel:508-862-4678 Fax:508-862-4782
March 21, 2006
John C. Klimm,Town Manager
Henry C. Farnham, Town Council President
Barnstable Town Hall
367 Main Street
Hyannis,MA 02601
Re: Jane Hopkins - 40 Arbor Way,Hyannis - a single-family accessory unit
Strawberry Limited Partnership- 438 Craigville Beach Road, Centerville - a multi-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.
This office is reviewing the request. If the Town has any comments on the project,please forward
them to me so that they can be addressed in the site approval letter. This letter gives you official
notice of our receipt of the above application(s). We will issue a decision as to the acceptability of
the sites and the consistency of this development within the guidelines of CDBG.
Sincerely,
Madeline Taylor
Amnesty Program Coordinator
Growth Management Department
cc:\ Legal Department
uilding Department
Public Health Department
Assessor's Office(1st floor) Map Parcel 0 Permit# ?J o
Conservation Office(4th floor)(8:30-9:30/1:00- 2:00) _ Date Issued.
Board of Health'3rd floor 8:15 -9:30/1:00-4:45 - Fee. ^'
Engineering Dept. (3rd floor) House#
Planning Dept.(1st floor/School Admin. Bldg.)
RNFrABLE. `
Definitive Plan A raved by Planning Board 19 e.
rfD N�A
9.
TOWN OFSARNSTABLE
Building Permit Application
Projec4- ess fyZ. g&/^ aja,
Village AI MNAIl'S /W,
Owner ,y_ f p p�Cy,pry S Address J9 f'
Telephone 7 '7
t-Permit Request a 14Z _ °i)A'J L ,
First Floor square feet
Second Floor square feet
Estimated Project Cost $
Zoning District Flood Plain Water Protection
Lot Size Grandfathered ?
Zoning Board of Appeals Authorization Recorded
Current Use Proposed Use
Construction Type
Commercial Residential
Dwelling Type: Single Family Two Family Multi-Family
Age of Existing Structure Basement Type: Finished
Historic House Unfinished
Old King's Highway
Number of Baths No.of Bedrooms
Total Room Count(not including baths) First Floor
Heat Type and Fuel Central Air Fireplaces
Garage: Detached Other Detached Structures: Pool
Attached Barn
None Sheds
Other
Builder Information
Name Telephone Number
Address License#
Home Improvement Contractor#
Worker's Compensation#
NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS
PROPOSED STRUCTURES ON THE LOT.
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE ,. DATE
BUILDING PERMIT DENIED FOR THE FOLLO I G REASON(S)
FOR OFFICIAL USE ONLY
PERMIT NO.
DATE°ISSUED
MAP/PARCEL NO.
ADDRESS VILLAGE i
C _ _
OWNER
i
DATE OF INSPECTION:
FOUNDATION
FRAME. _
INSULATION - -
FIREPLACE
ELECTRICAL: ROUGH `FINAL r -
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL - -
FINAL BUILDING 'Y ►"v '
DATE CLOSED OUT
ASSOCIATION PLAN NO. ! '
Assessor's map and lot,�number .��
SEPTIC SYSTEM MUSTB
E INSTALLED IN COMPLIANC
1NITN, ANTI"CI.E li ST
Sewage Permit number ........:. .. .. .. .'''C..-............,...........
<_ l ATE
SANITARY CODE AND TOW , .
00 REGULATIONS
�FTHETO� , TOWN OF MBAR NSTABE
i BASBSTOIIILE,
9 MABa
r; t639• NU11DING + INSPECTOR
�fpMPYa'• . C'' �
APPLICATION FOR.PERMIT TO .... ®.... .7.b Y?c t..... ...... ... ✓.?J .. ... f!;i�.......�� /...........
ere
tn. TYPE OF CONSTRUCTION .....��7L: �..... ...(® ................................................:.....
00 ; .......k7 n....* ..........................19.
TO THE INSPECTOR OF BUILDINGS: A
The undersigned hereby applies fora permit according to the following information:
Location ..??1 ......! . .ko ...!�`.:.41 .............. t?°.?�a. ........................ ............. ............................................... .
l
ProposedUse .....Y .f.9' ► ? .........................................................................................................................................
Zoning District ..........9.16.................................... Fire District .. , 1✓++.....................
Name of Owner t:?....sl�+ 4�.. ../ ��. ..........Address ' '
Name of Builder ` ..t.'! �5 .f$ '. y�'.`2�. 1�'. `�..Address : '. ....-1` ..?3!''.®� .f�... ..... �-?✓J �.......
Name of Architect .............Address
Numberof Rooms ..... ...........:....................................Foundation ..............................................................................
Exieriorl.......................................................Roofing ........:...........................................................................
. A
Floors ................. '. ........................................................Interior ..........
Heating ................. ...........Plumbing
�a a
Fireplace .........................�..V.�j�..................................................Approximate Cost ,O&
DefinitivePlan•Approved by Planning Board --------------------------------19________. Area ..... .............
Diagram of Lot and Building with Dimensions Fee ^�
SUBJECT TO APPROVAL OF BOARD OF HEALTH ///I's/ �7'A ,L o-
.
,Qec
eep$ ,
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction.
Name .....
Hopkins, Mrs. Jana E. .
`
20158 swimming pooll
. No ................. Permit for .................................... ~
. . .
.---..'..---.'�.�---.-----.,—.---.—... / .
/
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Location -----..---.--.---.-------..
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.—^--..---.---.--..—.—...—.------
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Dr�� Jane f�. - . .
Owner —.----�------..����.���---.-
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Type of Construction ..........................................
~—...._—.---..—.,--.-----.-----. '
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Plot -----.-.--.. Lot —.—.-------. °
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Pmrn�k Gron�a6 —.---_--.----.—]9 . -
Dote of Inspection ---..-----r—..lA
Date Completed ---.--..---..---.]Q
. . .
' PERMIT REFUSED
____~,~_-..—`--...--.----.�—. lq
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Approved .'----------..`,---.
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