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Home My WebLink About0025 CEDAR STREET - Amnesty o � J C==2= LAMM Nun � ` Ni Fl - - 62. r4,mmw ;pw. MOO �- ,4!111 mom iju .1 1 M-4 �-- q . _ I 1 •ems -� t 1 1 I a 7- .y I . � AFf lii 1 i I I t ' 1 I i � C C � r MUL-511sFAMILY FILL zo 7Joa 1 i AMNESTY FILE. ti 1 r w i i - i ss�1� 44 ILI 'a -- Y e 0. Y _ r TOWN OF BARNSTABLE INSPECTION WORKSHEET �o _ CERTIFICATE NO: 201505559 CANCELLED: MAP: 327 DBA: 125 CEDAR STREET APARTMENTS PARCEL: 197 NAME/MANAGER: ICHARLES&MARGO PISACANO STREET: 125 CEDAR STREET VILLAGE: JHYANNIS STATE: MA ZIP: 02601- SEQ NO: BUSINESS TYPE: MULTI-FAMILY CONSTRUCTION TYPE: STORYl: CAPACITY: USE1: R2 Capacity Under 50: ❑ STORY2: CAPACITY: USE2: STORY3: CAPACITY: USE3: Outside Seating: ❑ BY PLACE OF ASSEMBY OR STRUCTURE CAP1: LOC1: 7 UNITS CAPS: LOC8: CAP2: LOC2: 1 STUDIO CAP9: LOC9: CAP3: LOC3: 11-BEDROOM CAP10: LOC10: CAP4: LOC4: 5 2-BEDROOM CAP11: LOC11: CAP& L005: CAP12: LOC12: CAP6: LOC6: CAP13: LOC13: CAP7: LOCI: CAP14: LOC14: INSPECTjQW. DATE ISSUED: EXPIRATION: �� '�(��s,S�re -1Q 0 010 06/01/2015 06I01/2020 .'S =tl, t f ate b ispecilo COMMENTS: AT EXPIRATION,7 UNITS C• The Commonwealth of Massachusetts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 110.7, this CERTIFICATE OF INSPECTION is issued to CHARLES & MARGO PISACANO Certify that have inspected the premises known as: 25 CEDAR STREET APARTMENTS located at 25 CEDAR STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R2 The means of egress are suffcientfor the following number ofpersons: Location Capacity Location Capacity 7 UNITS 1 STUDIO 1 1-BEDROOM 5 2-BEDROOM Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 201505559 6/1/2015 6/l/2020 e12 197 The building official shall he notified within(10) days of any changes in the above information. Building Official l , l ' PERMIT PAYMENT RECEIPT TOWN OF BARNSTABLE BUILDING DEPARTMENT 200 MAIN STREET HYANNIS, MA 02601 DATE: 08/28/15 TIME: 12:32 -----------------TOTALS------------------ PERMIT $ PAID 99.00 AMT TENDERED: `.99.00 .AMT APPLIED: 99.00 CHANGE: .00 APPLICATION NUMBER: 201505559 PAYMENT METH: CHECK PAYMENT REF: 15244 7 n COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY FIVE-YEAR CERTIFICATE Date �� lJ` (X) Fee Required$99.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 110.7,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: Name of Premises: Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL STUDIO 1 BEDROOM i 2 BEDROOM 3 BEDROOM OTHER Certificate to be Issued to: ( /I//51_/2 LG,s Address: 2- Telephone: 9'2 a Name and Telephone Number of Local Manager,if any: Owner of Record of Building: y/gec-4 L LG r $'s r/� i✓p . Ap Address: 13 c�� ( �-G. / ? j7 - s t4/��✓ Name of Present Holder of Certificate: G 6;=_9 �� e. 4 ` J w MD Z_z SIGNATURE OF PERSON TO WHOM CERTIFICATE .q IS ISSUED OR AUTHORIZED AGENT cm cj rn .tea PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# D 15O YS S CJ EXPIRATION DATE: 420z coiappmf Town of Barnstable Regulatory Services oFt►� g rY Richard V. Scali, Director Building Division • BAMSTABLE, M^S Thomas Perry, CBO, Building Commissioner ArEO 39. A 200 Main Street, Hyannis, MA www.town.bamstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Second Request July 22, 2015 Charles and Margo Pisacano P.O. Box 126 Hyannisport, MA 02647 Re: 25 Cedar St.,Hyannis MA Certificate of Inspection Multi-Family (5-year Certificate) Attached is an application for a Certificate of Inspection as required by Section 110.7 of the Massachusetts State Building Code, Eighth Edition. Please complete the application and return it to this office with the required fee for the five-year Certificate of Inspection: 7 units - $99.00 The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued: A copy of said Certificate shall be kept posted as specified in Section 120.5 of the State Code. Sincerely, e37 Tho ..ras Perry' Building Commissioner ' Enclosure jcoiletmf f Town of Barnstable oFt tqy Regulatory Services Richard V. Scali, Director Building Division * &UWSreai.e, v MASS. $ Thomas Perry, CBO,Building Commissioner t639. �� iOlEn�nv�" 200 Main Street, Hyannis, MA www.town.bamstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Second Request July 22, 2015 Charles and Margo Pisacano P.O. Box 126 Hyannisport,MA 02647 Re: 25 Cedar St., Hyannis MA Certificate of Inspection Multi-Family (5-year Certificate) Attached is an application fora Certificate of Inspection as required by-Section 11-9.7--of-the- Massachusetts State Building Code, Eighth Edition. Please complete the application and return it to this office with the required fee for the five-year Certificate of Inspection: 7 units - $99.00 The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5 of the State Code. Sincerely, Thomas Perry Building Commissioner Enclosure jcoiletmf f COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY FIVE-YEAR CERTIFICATE Date (X) Fee Required$99.00 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 110.7, I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: Name of Premises: Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL STUDIO 1 BEDROOM 2 BEDROOM 3 BEDROOM OTHER Certificate to be Issued to: Address: Telephone: Name and Telephone Number of Local Manager, if any:. Owner of Record of Building: Address: Name of Present Holder of Certificate: SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten.(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# EXPIRATION DATE: coiappmf.. Town of Barnstable Regulatory Services Richard V. Scali, Director Building Division RAMSTABM Thomas Perry, CBO, Building Commissioner iOTFo r�o'�°i 200 Main Street, Hyannis, MA www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Second Request July 22, 2015 Charles and Margo Pisacano P.O. Box 126 Hyannisport, MA 02647 Re: 25 Cedar St.,Hyannis MA Certificate of Inspection Multi-Family (5-year Certificate) Attached is an application for a Certificate of Inspection as required by Section 110.7 of the Massachusetts State Building Code, Eighth Edition. Please complete the application and return it to this office with the required fee for the five-year Certificate of Inspection: 7 units - $99.00 The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5 of the State Code. Sincerely, Thomas Perry Building Commissioner Enclosure jcoiletmf Town of Barnstable OF'THE t Regulatory Services Richard V. Scali, Director Building Division BARNSfABLE, M"SS. $ Thomas Perry, CBO, Building Commissioner 10rFo 39. 0. 200 Main Street, Hyannis, MA www.town.bamstable.maxs I Office: 508-862-4038 Fax: 508-790-6230 May 11, 2015 Charles and Margo Pisacano P.O. Box 126 Hyannisport, MA 02647 Re: 25 Cedar Sttreet, Hyannis, MA Certificate of Inspection Multi-family (5-year Certificate) Attached is an application for a Certificate of Inspection as required by Section 110.7 of the Massachusetts State Building Code, Eighth Edition. ti Please complete the application and return it to this office with the required fee for the five-year p pp q Certificate of Inspection: 7 units - $99.00 The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5 of the State Code. Sincerely, Thomas Perry Building Commissioner Enclosure Jjeoiletmf � r Town of Barnstable B arn>n- stabl4yR e.�; _p t`uesa t -4 • ing t pp-ovae0P ' s ne badhis M ssi be KeP sTsCado T-ha t :s Uiy. lmsbF tARA18'Ci4r3i.�, ` ,, Ya: T -�• `;,'. Permit v �"" Posted Until Final Inspection Has BeenEMade r � ° W¢here a Certificate of Occupancy is Regdired,'such Building shall Not be Occupied until a Final lnspect�op has been made :. Permit No. B-19-2566 Applicant Name: CHARLES PISACANO Approvals Date Issued: 08/12/2019 Current Use: Structure Permit Type: Building-Alteration INTERIOR Work Only- Expiration Date: 02/12/2020 Foundation: Commercial Map/Lot: 327-197 Zoning District: MS Sheathing: Location: 25 CEDAR STREET, HYANNIS ' Contractor Nam6'� CHARLES PISACANO Framing: 1 F Owner on Record: PISACANO,CHARLES&MARGO Contractor>License". -CS-086733 2 Address: P O BOX 126 Est Pro ect Cost: $ 3,500.00 j. Chimney: HYANNIS PORT, MA 02647 Permit Fee: $ 160.00 Description: demo existing timber framed flooring system rea plce wrth;new2 x 8 Insulation: fee Paid $ 160.00 flooring system. rplace exterior wall studs in bathroom Final: Date 8/12/2019 Project Review Req: Companion to B-19-1794 p� �! Plumbing/Gas Rough Plumbing: Building Official Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six m onths after issuance. All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. Rough Gas: All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the Final Gas: work until the completion of the same. Electrical The Certificate of Occupancy will not be issued until all applicable signatures by the Buildingand Fire Officials are provided on this permit. Minimum of Five Call Inspections Required for All Construction Work: Service: 1.Foundation or Footing 2.Sheathing Inspection Rough: 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Final: 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: 6.Insulation 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shal ed until the Inspector has approved the various stages of construction. Final: "Pers ns contracting 'th unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). fi Fire Department Building plans are to be available on site �� Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT s= Application .................... BUILDING DEPT. MAS& Permit Fee.......................................Other Fee:....................... AUG 0 8 2010 TOVO4 or ", * , bt-i�1405 1AE3LE Total Fee Paid.;.............................................................. ...... TOWN OF BARNSTABLE Permit Approval by.. .......On.... BUILDING PERMIT MV.....33a.j....................P.,............ R,.7 . . ...................... APPLICATION Section 1 — Owner's Information and Project Location Project Address 2-,5- Village��iq /V,.- 1-5 Owners Name 4 Z) Owners Legal Address- 2,3 �,'�A L Ci State zip Owners Cell#-,5-09 77?P' E-mail C6�-&Z t 4;:--CW"e,0,Pgo Section 2 -Use of Structure Use Group_ ❑ Commercial Structure over 35,000 cubic feet Commercial Structure under 35,060 cubic feet ❑ Single/Two Family Dwelling Section 3 -Type of Permit ❑ New Construction E] Move/Relocate [:] Accessory Structure E] Change of use El Demo/(entire structure) ❑ Finish Basement El Family/Amnesty ❑ Fire Alarm Rebuild El Deck Apartment El Sprinkler System ❑ Addition E] Retaining wall ❑ Solar Renovation D Pool El Insulation Other-Specify FSection 4 - Work Description e9 L 6C."119-L-L- Z?S /V T—+—A.+.A- 11/1,znni Q Application Number.................................................... Section 5—Detail Cost of proposed Construction 5 0 Square Footage of Project ®� ,�, Dig Safe Number Age._of Structure � . . . � � Of Bedrooms Existing 2- Total#Of Bedrooms (Proposed) 110 Mpg Wind Zone Compliance Method ❑ MA Checklist [� WFCM Checklist Design Section 6—Project Specifics E::: Oil Tank Storage Smoke Detectors ® Wiring _ ❑ ❑ Gas [] Fire Suppression Plumbing , ElMasonry Chimney Add/relocate bedroom Heating System Private Water Supply Public ❑ Sewage Disposal Municipal ❑ On Site Old Kings Highway Historic District ❑ Hyannis Historic District ❑ I am using a crane C Yes ❑ No © 0 T Debris Disposal Facility: Section 7 —Flood Zone Flood Zone Designation 79 Within or adjacent to a wetland,coa stal bank? Yes ❑ No Section 8—Zoning Information Zoning District Proposed Use Lot Area Sq.Ft. Percentage of Lot Coverage___#of Dwelling Units (on site) Total Frontage__ Setbacks Front Yard Required Proposed Required Proposed Rear Yard q Side Yard Required_____ _Proposed Has this property had relief from the Zoning Board in the past? ❑ Yes ❑ No Last undated: 11/15/2018 The Commonwealth of Massachusetts Department of IndustrialAccidents Office of Investigations IF 600 Washington Street Boston,MA 02111 www.massgov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information / Please Print Leeibly Name(Business/Organization/Individual): e)' Address: 22, `z- City/State/Zip: 09 -I v,(S Phone#: c5-29 Z 7-76 9 4e 61 Are you an employer?Check the appropriate box: Type of project(required): 1.❑ I am a employer with- 4. ❑ I am a general contractor and I 6. ❑New construction employees(full and/or part-time).* have hired the sub-contractors 2.� I am a sole proprietor or partner- listed on the attached sheet 7.�Remodeling ship and have no employees These sub-contractors have g, ❑Demolition . workingfor me in an capacity. employees and have workers' Y aP tY• t 9. El Building addition [No workers' comp.insurance comp•insurance. required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 1 L❑Plumbing repairs or additions myself[No workers'comp. right of exemption per MGL 12.❑Roof repair insurance required.]t c. 152,§1(4),and we have no employees.[No workers' 13.E]Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContnutors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. r I am an employer that is providing workers compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.M Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby cerli un er the pains an a 'es of perjury that the information provided above is a and correct Signstore: c - Date: Phone#: 776, Y 9 G' d Official use only. Do not write in this area,to be completed by city or town gfjiciaL City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone M Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person iri the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than.three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152,§25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states."Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the even:the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)"A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would lice to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 - Tel.#617 727-4900 ext 406 or 1-877-MASSAM Fax#617-727-7749 Revised 4-24-07 www;mass.govfdia , Commonwealth of Massachusetts Division of Professional Licensure Board of Building Regulations and Standards Cons�+i �-AI§b0rvisor CS-086733 �' s4 E5KPires:07/2912021 CHARLES PhSACANO PO BOX 126 j •HYANNIS POW tiC�lStiil del Commissioner A� ``" — Application Number........................................... Section 9- Construction Supervisor Name Telephone Number Address City f'Otate 14-f12- Zip G q 7 License Num4,-YO,:5P6 3 3 License Type Expiration Date Contractors Email Ga/,,�2��-1��/��,C�o,o��e t&-5 x G y Cell # 57dY 776 ��6d I understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable.Attach a copy of your license. Signature- _ �� -�� Date Section 10—Home Improvement Contractor Name_C�?a� S /'/SA P-� -© Telephone Number �� 77 6 Address_ 7�1 aog (7/.v,*-City State Zip o r Registration Number / 79-a--5-3 Expiration Date I understand my responsibilities under the rules and regulations for Home Improvement Contractors in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation re ed by 780 CMR and a Town of Barnstable.Attach a copy of your H.I.C... � I Signature ✓C Date Section 11 -Home Owners License Exemption Home Owners Name: Telephone Number Cell or Work Number I understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable. Signature Date APPLICANT SIGNATURE Signature 1 Date Print Name s G Telephone Number � 77� �ih�-2� .y ,� r� p ber S �' �d E-mail permit to: 1.7,k t �L-�i.4cC'PrAz-�2 Last undated: 11/15/2018 Section 12 —Department Sign-Offs Health Department ❑ Zoning Board(if required) ❑ Historic District ❑ Site Plan Review(if required) Fire Department ❑ Conservation ❑ j For commercial work,please take your plans directly to the fire department for approval Q Section 13 Owner's Authorization i I, , as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application for: (Address of job) Signature of Owner date Print Name i 7 s Last updated: 11/15/2018 � 4. Town of Barnstable U11Clln '- ,✓ > ,ens��^a�'ur .,� s ya ..,.`� ',�` s3 ,E. g PostTh>�sGardS.oThat�tas::Uis�ble From the Street „A roved Plans Must be.Re.arned�onlob and this.Gard Must•be Ke t , - W22+Tt1TA[33 .. `:ff,•^' s. `C. 2- t . « . .. .�` E ,.` K rr -.. :, .t .... >;` '§ ats ., •Pasted UnFinalslns `ecton HasBeen,IVlade ' � bua°z rr : P 'x, ', ru �,.'.. s. .;:g , ,R`. ... :�.. i#:' yamWhere a Cificate of Occu anc''_is:Re °uired sucFi'°Build�n shallNot:beQccu' ieduntil arFinal Ins ection�hasa:been made . Permit 1 � �,.� P..a.�y.. ,...q �,'��c.° ;;�.�p.,..3..., s,,.,.,fi.. ...�. •�_... ��.W�� rr Permit NO. B-19-1794 Applicant Name: charles pisacano Approvals Date Issued: 06/14/2019 Current Use: Structure Permit Type: Building-Alteration INTERIOR Work Only- Expiration Date: 12/14/2019 Foundation: Residential Map/Lot: 327 197 Zoning District: MS Sheathing: Location: 25 CEDAR STREET,HYANNIS Contractor Narnc : CHARLES PISACANO Framing: 1 Owner on Record: PISACANO,CHARLES 8&MARGO Contractor License CS-086733 2 Address: P O BOX 126 Est Project Cost: $2,500.00 Chimney: HYANNIS PORT, MA 02647 Permit:Fee: $85.00 Description: install 5 new windows. create a third bedroom by'rernoving the non '° Insulation: Fee Paid.: $85.00 load bearing wall that divides a hallway and storage room Final: Date 6/14/2019 Reviewers Note:Smoke upgrade required. RMCK ,11 ` = �/� Plumbing/Gas Project Review Req: Adding a Bedroom,Smoke Upgrade Required'. p Rough Plumbing: Building Official Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months aftere issuance. All work authorized by this permit shall conform to the approved application antl the'approved construction documents f s permit has been granted. Rough Gas: All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoningby laws aril codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for publi"inspection for the entire duration of the Final Gas: work until the completion of the same. ; Electrical The Certificate of Occupancy will not be issued until all applicable signatures by the Building and FireAfficials are provided on this permit. Minimum of Five Call Inspections Required for All Construction Work ° Service: 1.Foundation or Footing - " ;&a - 2.Sheathing Inspection , Rough: 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Final: 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: 6.Insulation 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Pers ing with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). � .� Building plans are to be available on site Fire Department �� All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT Final: jA 111,rV6 SMOKE DETECTORS REVIEWED BARNSTABLE BUILDING DEPT. DATE 00, /� _FIRE DE P MENT y DATE 80T.K SIGNATURE'S ARc REQUIRED FOR PERMITTING - - Barnstable Bldg. Dept. OII11 Approved by: Permit-#: -- _ 0 1 ' p 12- 7 2 Qd �1 I< 70 ��=� �� ' yt.r✓cby_ yc® - _ S To 64' - - NOISI I _ Town of Barnstable ` Building Department Services MAR& Brian Florence,CBO bo►'��'� Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder 1. L G S as Owner of the subject property hereby authorize to act on Wbchalf, 0 in all matters relative to work authorized by this building permit application for: C O o co 1—' �.�5'�y�i2 S% l� �r✓�;/��' � can (Address of Job) CV rn **Pool fences and alarms are the responsibility of the applicant. Pools are not to be filled or utilized before fence is installed and all final inspections are performed and accepted. Signature of Owner Signature of Applicant Print Name Print Name Date Q:FORMS:OWNERPERMISSIONPOOLS Rev:08/16/17 j TOWN OF BA ST C 2019 MAY 30 P4 12. 50 CUISI rW 5° ri .I. dlr $�1 it k TOWN OF BARNSTAB E . 7019 M14Y 3oe, P"I SQ. '':y DIVISION c,. F "yam'`} ¢ w � �f ��'.• � �� {` s Via:: r N n�n�v it _ I Commonwealth of Massachusetts ° Division of Professional Licensure a v-= Board of Building Regulations and Standards ConstruetioN09rvisor } CS-086733 Empires: 07/29/2019 f CHARLES PISACANO �. P080X 126 t �� HYANNIS PORT MA-02647 Commissioner C a + !��/ee. rGanz�nancaea�!/c e��'��•ataicr/iueellt Office of Consumer Affairs&Business Regulation HOME IMPROVEMENT CONTRACTOR Registration valid for individual use only TYPE:Individual before the expiration date. If found return to: Registration.} Exoiration Office of Consumer Affairs and Business Regulation 179053 i 08/13/2020 y 1000 Washington Street-Suite 710 ` a Boston,MA 02118 CHARLES PISA CANO�f j CHARLES PISACANO= a 73 HARBOR BLUFFS RDA a;r HYANNIS,MA 02601` ` Not Valid Without signature s Undersecretary. ,...J -4, _ C= O ` C) w _ a ap FZ 00 0 } Regulatory Services P Thomas F. Geiler,Director r, Building Division BAMS esc r, M"� g Tom Perry,Building Commissioner 9qj s6;q. ♦0 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Approved: Permit#: 0 � l 3� HOME OCCUPATION REGISTRATION Date: Name:' Phone#: J O� �� (P(V(f S- Address: 2- 7Z 5�- APT Village: Name of Business: /J2 Type of Business:_14're Map/Lot: . INTENT: It is the intent of this section to allow die residents of the Toi-im of Barnstable to operate a home occupation ,iidiin single family dwellings, subject to die provisions of Section 4-1.4 of the Zoning ordinance,provided that the activaty shall not be discernible from outside die divellnng: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes; and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the folloH mg conditions: • The activity is carved on by die permanent resident of a single family residential dwelling iuiit located«ate that dwelling unit. a • Such use occupies no more than 400 square feet of space. • There are no external alterations to die dwelling which are not customary in residential buildings,and there is n�a no outside evidence of such use. • No traffic will be generated ui excess of normal residential volumes. M 9 • The use does not involve die production of offensive noise,vibration,smoke,dust or other particular matt odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,L excess off normal household quantities. • Any need for.parking generated by such use shall be met on the same lot containing die Customary Home Occupation,and not within the required fi-ont yard. • There is no exterior storage or display of materials or equipment • There are no commercial vehicles related to tie Customary Home Occupation,other than one'win or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on tie same lot containing the Customary Home Occupation. • No sign shall be displayed indicating die Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,die street address shall not be included. • No person shall be employed in die Customary Home Occupation ivho is not a permanent resident of the dwelling unit. I, the undersigned,have read andgr ee m'di die above restrictions for my home occupation I am registering. Applicants - �` J ` Date: Honieoc.doc Rev.01/3/08 a, YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which.you must do by M.G.L.-it does not give you permission to operate.) You must.first obtain the nece>;sary signatures on this form at 200 Main St., Hyannis. Take the completed form to they Town Clerk's Office, 1 st FI:, 367 Main St., Hyannis, MA 02601 (Torn Hall) and get the Business Certificate that is required bylaw. DATE: Ov Fill in please: APPLICANT'S YOUR NAME/S: ilT y�: Z q, II�J �S �� YOUR H ME ADDRESS: — GC z T. �i� i ham :`? - `' 4 TELEPHONE # Home Telephone Number NAME OF'CORPORATI ON _ NAME OF NEW BUSINESS M TYPE OF BUSINESS IS THIS A"HOMEiOCCUPATION?" YES NO ADDRESS-OF.BUSINESS t NL D MAP/PA PARCEL,NUMBER Assessin g) <: When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COM ISSIO ER'S OFF E This individua h e i #onm d of any p rmi re uirements that pertain to this type of business. �.. MUST COMPLY WITH HOME OCCUPATION Apt on Si natur- RULES AND REGULATIONS. FAILURE TO MMEN IN Flllfft ' c ' 2. BOARD OF HE TH This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature,* COMMENTS: 3. CONSUMER AFFAIRS(LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature** COMMENTS: r TOWN OF BARNSTABLE INSPECTION WORKSHEET ff CERTIFICATE NO: 201002841 CANCELLED: MAP: 327 DBA: 25 CEDAR STREET APARTMENTS PARCEL: 197 NAME/MANAGER: ICHARLES&MARGO PISACANO STREET: 125 CEDAR STREET VILLAGE: HYANNIS STATE: MA ZIP: 02601- SEQ NO: 1❑ BUSINESS TYPE: MULTI-FAMILY CONSTRUCTION TYPE: STORYI: CAPACITY: USE1: R2 Capacity Under 50: ❑ STORY2: CAPACITY: USE2: Outside Seating: ❑ STORY3: CAPACITY: USE3: BY PLACE OF ASSEMBY OR STRUCTURE CAP1: LOC1: 7 UNITS CAPS: LOC8: CAP2: LOC2: 1 STUDIO CAP9: LOC9: CAP3: LOC3: 11-BEDROOM CAP10: LOC10: CAP4: LOC4: 5 2-BEDROOM CAP 11: LOC11: CAPS: L005: CAP12: LOC12: CAPE: LOC6: CAP13: LOC13: CAPT. LOC7: CAP14: LOC14: INSPECTION: DATE ISSUED: EXPIRATION: Rrint This Screen T n/ 06/01/2010 06/01/2015 �1 � Prnf�,Certificatesof�inspect on COMMENTS: AT EXPIRATION,7 UNITS Leal c aFt Tq,,, Town of Barnstable Regulatory Services * awxxsras[,E, MASS. g Thomas F. Geiler, Director �p 1639. p�0 t Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 May 12, 2010 Charles & Margo Pisacano PO Box 126 Hyannisport, MA 02647 Re: 25 Cedar Street, Hyannis Certificate of Inspection Multi-family (5-year Certificate) Attached you will find an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code. Please complete the application and return to this office with the required fee: 7 Units - $99.00 The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5 of the State Code. Sincerely, Thomas Perry Building Commissioner Enclosure jcoiletmf %2;r .1 OUL&I-0 T t►�roy �arnSt.��l� as Housing Deft: 508.771.7292 Telephone 508.771.7222 B,RN6TAHIE. ' u . • FAX: 508.778.9312 1 tOUS1ng Aut6ority 146 South Street•Hyannis,MA 02601 ZONING VERIFICATION TO: Linda/Robin Coo FROM: Kim Gomez, Leased Housing Coordinator PHONE NO#: 508-771-7292 FAX 508-778-9312 RE: LEGAL RENTAL UNIT VERIFICATION DATE: �/ I O� ADDRESS: VILLAGE: Z �g/vaf S UNIT TYPE(; _,BEDROOM SIZE MAP & PARCEL NO: The owner of the above listed property is entering into a contract with us for rental of the property listed above. Please verify by signing below that the unit is legal and meets all zoning requirements for a rental in the town of Barnstable. If it does not, please list the reason below: Thank yo r your assisi in this matter. Signa e Print name Date; s VIA FAX: 508-790-6230 _ Equal Housing 0PP0rtunit . A Qenc y eommouweartb of Ifla.5.5arbussett.5 TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to CHARLES & MARGO PISACANO I QLUMP that I have inspected the premises known as: 25 CEDAR STREET APARTMENTS located at 25 CEDAR STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R2 The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 7 UNITS 1 STUDIO 1 1-BEDROOM 5 2-BEDROOM Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 201002841 6/1/2010 6/1/2015 / 27 197 The building official shall be notified within (10) days of any ` changes in the above information. Building Official ' P { PERMIT PAYMENT RECEIPT TOWN OF BARNSTABLE BUILDING DEPARTMENT 200 MAIN STREET HYANNIS, MA 02601 DATE: 06/09/10 TIME: 14:00 -----------------TOTALS----------------- PERMIT $ PAID 99.00 AMT TENDERED: 99.00 CHANGEPLIED: 99.00 APPLICATION NUMBER: 201002841 PAYMENT METH: CHECK PAYMENT REF: 9722 I COMMONWEALTH OF MASSACHUSETTS _ TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY J FIVE-YEAR CERTIFICATE �� D Date (X) Fee Required$ ( ) No Fee Required In.accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: Name of Premises: Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL STUDIO / 1 BEDROOM 2 BEDROOM 3 BEDROOM OTHER Certificate to be Issued to: e? '4/,9 ® Address: Telephone: ci ae? 7 7 6 C Ct/� 4 Owner of Record of Building: Address: �v�e co Z-6 S�7 Name of Present Holder of Certificate: /lam 1-3�o Name of Agent, if any: SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORI7 AGENT PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# EXPIRATION DATE: (9 zS �F fHE rq� Town of Barnstable �O Regulatory Services + aAMSTABLE. « 9 MASS. Thomas F. Geiler,Director �p .i6gq 10 rF1639 Building Division Thomas Perry, CBO,Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 November 30, 2006 Mr. Charles Pisacano PO Box 126 Hyannisport, MA 02647 Dear Mr. Pisacano: Enclosed are the Certificates of Occupancy for the Amnesty units at 25 Cedar Street, Hyannis. We have prepared the Amnesty Certificates of Compliance and forwarded them to Madeline Taylor, Amnesty Program Coordinator. Sincerely, Lois Barry Division Assistant Enclosure amnco �3a b m?g y Am nest Program. : y u fi 10 .6. Helping to make affordable housing possible. r h � 1 own o a�nsc� ii OWN ter - N't � 3"t -; d "I ,. Certificate of Com 1lance ra s« This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code';: iz and Town of Barnstable zoning ordinances in accordance with the Amnesty program; .. Owner, Charles Pisacano Location 2S Cedar Street, Hyannis; MA, Unit Capacity one Broom .not:to exceed two eo le w Inspector M/P No. 327 197 11/2'81200.6 Town of Barnstable Building Department - 200 Main Street BARNST"LE• Hyannis, MA 02601 1639. a.�' 1508) 862-4038 Certificate of Occupancy Application Number: 20064160 CO Number: 20060156 Parcel ID: 327197 CO Issue Date: 11128/06 Location: 25 CEDAR STREET Zoning Classification: MEDICAL SERVICES DISTRICT Proposed Use: COMMERCIAL Village: HYANNIS Gen Contractor: PISACANO CHARLES Permit Type: CC00 CERTIFICATE OF OCCUPANCY COMM Comments: AMNESTY CERTIFICATE OF OCCUPANCY, UNIT 2 Building Department Signature Date Signed TOWN OF BARNSTABLEBuilding ,,' �t�E Application Ref: 20064160 BARNSTABLE, Issue Date: 11/06/06 Permit 9 MASS. �pr16 339. ok Applicant: PISACANO CHARLES Permit Number: B 20061689 Proposed Use: COMMERCIAL Expiration Date: 05/06/07 Location 25 CEDAR STREET Zoning District MS Permit Type: AMNESTY W/NO CONST COMM Map Parcel 327197 Permit Fee$ 50.00 Contractor PISACANO CHARLES Village HYANNIS App Fee$ 100.00 License Num. 086733 Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND AMNESTY UNIT,EXISTING,UNIT 2 THIS CARD MUST BE KEPT POSTED UNTIL FINAL MULTI-FAMULY,7 UNITS, 6 LEGAL, 1 UNPERMITTED,2 AMNESTY INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: PISACANO, CHARLES 81 MARGO BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: P O BOX 126 INSPECTION HAS BEEN MADE. HYANNISPORT,MA 02647 Application Entered by: PR Building Permit Issued By: THISPERMIT"CONVEYS NO RIGHT'TO'OCCUPY>ANY STREET,==ALLY'OR SIDEWALK OR;ANY PART THEREOF,•EITHER TEMPORARILY OR`PERMANENTLY'. ENCROAGHEMENTS ON"PUBLIC PROPERTY",NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THEJURISDICTION`. STREET OR "GRADES AS WELL AS DEPTHAND:LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OFPUBLIG.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). NMI BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 11117106 2 Board of Health TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 3 27 Parcel 197 plication Health Division " O ? Conservation Division Permit# l! o Tax Collector Date Issued l Treasurer Application Fee 14ad !D' C,2 Planning Dept. Permit Fee O Date Definitive Plan Approved by Planning Board or Historic-OKH Preservation/Hyannis - - ---- - 7-1111 Project Street Address 'z5— Village Owner �!? 2��s /—1 d�-®2�9 Address� Telephone o 2 7 re Permit Request Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ 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:0 existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:0 existing ❑new size Other: C) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ N x; v Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION v Name (?4+4-1_6_3 rn Telephone Number )7a 4�4� Address J 0(3<1G Z 6 License# (�2� d�J'� 7 3.3 r Z Home Improvement Contractor#�/0�� Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE �� 6 f FOR OFFICIAL USE ONLY t t } t , PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER i DATE OF INSPECTION: FOUNDATION FRAME J INSULATION r FIREPLACE ' ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. t Bk 20583 F'o 4 l C-3313373 12-19-2005 Q 12 = 17s:). SAMSTAOLL 67¢ Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2005-098—Pisacano Decision - Chapter 40B Comprehensive Permit Applicant: Charles and Margo Pisacano Property_Address: 25 Cedar Street, Hyannis,MA Assessor's Map/Parcel: Map 327,Parcel 197 Zoning: Medical Services Zoning District Applicants: The applicants are Charles and Margo Pisacano, who own the multifamily apartment building at 25 Cedar Street, Hyannis MA. Charles and Margo Pisacano were granted title to the property by deed recorded in the Barnstable Registry of Deeds on December 15,2000 as recorded in Book 13432, Page 115. 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 accessory affordable apartments within a multi-family residential dwelling. The issuance of this Comprehensive Permit would allow for two accessory affordable apartment units in a multi-family dwelling. Locus and Background: The property at issue is a 0.49-acre lot located at 25 Cedar Street in Hyannis that was developed with a multi-family apartment building. The effective living area of the building is 5,745 square feet. This is a multi-family dwelling with a total of seven apartments six units-are°legal,but one:is unpermitted. To comply with the requirement that 25% of the units in a multifamily property be restricted as affordable under Chapter 40B of the MA General Laws, the-property owners have.agreed.to designate two units as) affordable.accessory.apartments�Unit#'-2 is a one-bedroom.unit of approximately 550 square fiet, and Unit#3 is..a.studio unit.of approximately 350 square feet.J The lot is served by public water and sewer, and is located within a Wellhead Protection Overlay District. The town of Barnstable's Public Health Division reviewed the application, and on October 6, 2005 approved the property for a total of twelve (12) bedrooms. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Growth Management Department on October 6, 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 October 6, 2005. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on September 30, 2005 and October 7, 2005, and notices were sent to all abutters in accordance with MGL Chapter 40B. On October 19, 2005 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Charles Pisacano, was present at the hearing. Elizabeth Dillen 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: S At the hearing on October 19, 2005 the Hearing Officer made the following findings of fact: 1. The applicants are Charles and Margo Pisacano, who own the multifamily apartment building at 25 Cedar Street, Hyannis MA. They are requesting a Comprehensive Permit to convert two existing apartments in a multifamily dwelling into accessory affordable apartments. The conversion of these units to accessory affordable units in a multi-family dwelling qualifies for the "Accessory Affordable Housing Program." 2. Charles and Margo Pisacano were granted title to the property by deed recorded in the Barnstable Registry of Deeds on December 15, 2000 as recorded in Book 13432, Page 115. 3. On October 6, 2005 a site approval letter was issued for the property by Elizabeth Dillen of the Growth Management Department, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development, in . accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable units are a studio of approximately 350 square feet, and a one- bedroom of approximately 550 square feet. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and sewer and is in an identified Groundwater Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved the property for a total number of twelve (12) bedrooms. 7. On August 23, 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 units in perpetuity as affordable rental units. 8. The applicants understand that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and further 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 October 19, 2005, 6.3% of the town's year round housing stock qualifies as affordable housing units. 2 r v 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. 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, Charles and Margo Pisacano. It is issued to allow for the conversion of two units into accessory affordable housing units in accordance with the following conditions: 1. Occupancy of Unit#2 shall not exceed two people. 2. Occupancy of Unit#3 shall not exceed one person. 3. These units shall not be occupied by a family member of the owners. 4. Parking for all of the apartments shall be on-site. 5. To meet the requirements of affordability, the cost of housing(including utilities) shall not exceed 30% of 80%of the median income for a single individual for the Barnstable-Yarmouth MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 6. All leases shall have a minimum term of one year. 7. The Growth Management Department shall serve as the monitoring agent for the accessory apartments. 8. The applicants must apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the units conform with the approved plans as submitted with the building permit application and meet state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 9. The applicants may select their own tenant, provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Growth Management Department of the town of Barnstable as a qualified individual. The applicants will be 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 � II 10. 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 Growth Management Department of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicants shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 11. This Comprehensive Permit shall not be transferable to any other.person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the Growth Management Department of the town of Barnstable shall be notified within 60 days of the name and address of the new owner. 12. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. 4 Ordered: Comprehensive Permit 2005-098 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 October 19, 2005. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. an Gai ightingale, karing Of er Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this eW day of A)gy- / 4-001� under the pains and penaltiespfperjury. Linda Hutchenrider, Town Clerk 5 f REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATO Y AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made sthi day of ,2005, by and between Charles and Margo Pis acano of 86 Short Beach Road, Centerville MA 02632 and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the "Municipalit/'),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 two accessory apartments in a multi-family dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN• A. The terms of this Agreement and Covenant regulate the property located at 25 Cedar Street, Hyannis MA 02601 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 13432,Page 115. B. The Project,located at 25 Cedar Street,Hyannis MA 02601,will consist of two accessory apartment units to 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. 2005-098 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said nit is recorded herewith as Barnstable County Registry of Deeds Book ,Page . 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 units,the Owner agreed that the Designated Affordable Units 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 Units shall be deemed to be impressed with a public trust. 2. . The Designated Affordable Units 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 Units will be retained as permanent,year round rental dwelling units 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 anyrequirements of privileges of estate are also deemed to be satisfied in full. G LIMITATION ON PROFITS 1: The Owner agrees to limit his/her profit by renting the Designated Affordable Units 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 Units are rented,the tenants'income verification,a copy of the lease agreements 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 Units. 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 Units are being rented in perpetuity to households 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. - Z VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. X. ENTIRE UNDERSTANDING:. A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties, and appended to.this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 13432, Page 115 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 13432,Page 115. 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 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 maybe,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. XII. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors 3 I 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. 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 a lien 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. 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 thL day of c ,200 OWNER OWNER BY: BY: Charles Pisacano Margo Pisacano COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: 1 On this day of .p 200bef ore me,the undersigned notary public,personally appeared C ,[ ii t�he Owners) e e Sp�lct.) t K p .�Y) 17Lk ,to be the persons) whose name(s) is signed on the precedihg or attached` ocument and acknowledged to be that he/she signed it voluntarily for the stated purposes. P� r% A �— Notary Public Printed: r4 My Commission Expires: 4 TOWN OF BARNSTABLE BY: T MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: O ay of 2 before me,the undersigned notary public,personally appeared P P Y PP t Town a er for the To of B table,proved to me through satisfactory evidence of identification, hich were b b ,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. Notary Public Printed: 0&4-T4- at My Conin ission Expires: .'--: :.r3ETH ANN DILLEN Notary Public AffimorranIth of Massachusetts " ''Jy Commission Expires October 27, 2011 5 .r «�4 X-3 ..�.�. CARBON MONOXIDE AL4 "Tff#WAUopa co ` 5 / 3 a 1 c CAxTg , a v SM KE DETECTORS REVIEWED IMPORTANT- UPGRADE REQUIRED r- - Q(o STATE BUILDING CODE REQUIRES THE UPGRADING OF BARNSTABLE BUILDING DEPT. DATE SMOKE DETECTORS FOR THE ENTIRE DWELLING WHEN ONE OR MORE SLEEPING AREAS ARE ADDED OR CREATED. FIRE DEPARTMENT DATE NOTE: A SEPARATE PERMIT IS REQUIRED FOR THE INSTALLATION OF SMOKE DETECTORS-THE ELECTRICAL BOTH SIGNATURES ARE REQUIRED FOR PERMITTING PERMIT DOES NOT SATISFY THIS REQUIREMENT. / . � x7 + CARBON MONOXIDE ALARMS r MUST BE INSTALLED PER (P MASSACHUSETTS BUILDING CODE 3 r l-� c ... ............. v 64 X 7 F X3 ,-23 ;�(g C CARBON MONOXIDE ALARMS MUST BE INSTALLED PER MASSACNUSEm ButDING CODE s I ' � y 13 r CARBON MONOXI9E� MUSTREMkigg co r e 'Fog, q, / /V� 13 /� co co 13 r /� x /2 iv _. . CARBONAgp F 1 r I Ile (!� CARBON MONOXIDE ALARMS MUST BE INSTALLED PER --... MASSACHUSETTS BUILDING CODE CARBON MONOXIDE ALV tla TOWN OF BARNSTABLE Building Application Ref: 20064160 BARNSTABLE, " Issue Date: 11/06%06 Permit 9 MASS. �p 1639• Applicant: PISACANO CHARLES Permit Number: B 20061689 ArFO MA'i A Proposed Use: COMMERCIAL Expiration Date: 05/06/07 Location 25 CEDAR STREET Zoning District MS Permit Type: AMNESTY W/NO CONST COMM Map Parcel 327197 Permit Fee$ 50.00 Contractor PISACANO CHARLES Village HYANNIS App Fee$ 100.00 License Num 086733 Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND AMNESTY UNIT,EXISTING,UNIT 2 THIS CARD MUST BE KEPT POSTED UNTIL FINAL MULTI-FAMULY,7 UNITS, 6 LEGAL, 1 UNPERMITTED,2 AMNESTY INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: PISACANO,CHARLES 81 MARGO BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: P O BOX 126 INSPECTION HAS BEEN MADE. HYANNISPORT,MA 02647 (ice' Application Entered by: PR Building Permit Issued By: THIS PERMIT CONVEYS NORIGHT TO OCCUPY'ANY STREET•,ALLY OR SIDEWALK OR ANY.P ART THEREOF EITHER T EMPORARILY OR PERMk1NENTLY EI�FCROACI=IEMENTS ON`PUBLIC PROPERTY';NOT SPECIFICr1LLY PERMITTED UNDER>'fHE BI7IL�DING CODE MUST BE'APPROVED BY THE JURISDICTIONi STREET OR�ALLY�GRADES AS W'ELI,AS DEPTH AND;LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROIVI THE DEPARTMENT OF PUBLIC WORKS�` THE ISSUANCE OF THIS PERMIT DQES NOT'ItELE?.SE THE YPPLICAN L FROM''THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTR�CTIOPISF 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). BUILDING INSPECTION '' - 20V CJ �� 0 5 3 Fire Dept Amnesty Program , Helping to make affordable housing possible. 4 own of B Certificate of Corn lliance i This certificate indicates acceptable minimum habitable re uirements er Massachu setts,State Building.Cod e d 1 an Town of Barnstable zoning ordinances in accordance with the Amnesty program._ Owner Charles Pisacano � k Location 25 Cedar Street, Hyannis, NIA ; � �t� Unit Capacity studio t to`exceed one erne 0, gn 1 tvn�gf . In Spector 7. A. Kw �,. ¢'r.. M/P No 327=197 11/28/200d Town of Barnstable do Building Department - 200 Main Street BARNST AB • * Hyannis, MA 02601 MASS 9�A 1639. . (508) 862-4038 Certificate of Occupancy Application Number: 20064424 CO Number: 20060155 Parcel ID: 327197 CO Issue Date: 11/28/06 Location: 25 CEDAR STREET Zoning Classification: MEDICAL SERVICES DISTRICT Proposed Use: COMMERCIAL Village: HYANNIS Gen Contractor: PISACANO CHARLES Permit Type: CC00 CERTIFICATE OF OCCUPANCY COMM Comments: AMNESTY CERTIFICATE OF OCCUPANCY, UNIT 3 Building Department Signature Date Signed �VAE TOWN OF BARNSTABLE Building Application Ref: 20064424 ` STABLE. Issue Date: 11/06/06 Permit 9 MASS �Ar16 339. A�� Applicant: PISACANO CHARLES Permit Number: B 20061690 Proposed Use: COMMERCIAL Expiration Date: 05/06/07 Location 25 CEDAR STREET Zoning District MS Permit Type: AMNESTY W/NO CONST COMM Map Parcel 327197 Permit Fee$ 50.00 Contractor PISACANO CHARLES Village HYANNIS App Fee$ 100.00 License Num 086733 Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND AMNESTY UNIT,EXISTING,APARTMENT 3 THIS CARD MUST BE KEPT POSTED UNTIL FINAL MULTI FAMILY, 7 UNITS, 1 UNPERMITTED,2 AMNESTY INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: PISACANO,CHARLES 81 MARGO BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: P O BOX 126 INSPECTION HAS BEEN MADE. HYANNISPORT, MA 02647 Application Entered by: PR Building Permit Issued By: PaJPS THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORA.RILYOR PERMANENTLY. ENCROACHEMENTS ON PUBLIC.PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION. STREET OR GRADES..AS WELL AS'DEPTH.AND LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OF.PUBLIC WORKS: THE ISSUANCE OF THIS PERM IIT DOESN I OT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY,APPLICABLE:SUBDIVISIONI 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). MW A,Pt',Q; BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept ,CGS-J Fire Dept /�?/6 6 2 Board of Health 410 cu r' V ` �INETp TOWN OF BARNSTABLE • Budding Application Ref: 20064424Pe' rmit BARNSTABLE, + Issue Date: 11/06/06 y MASS �A 1639• �� Applicant: PISACANO CHARLES rEp Mp`t a Permit Number: B 20061690 �I Proposed Use: COMMERCIAL Expiration Date: 05/06/07 Location 25 CEDAR STREET Zoning District MS Permit Type: AMNESTY W/NO CONST COMM Map Parcel 327197 Permit Fee$ 50.00 Contractor PISACANO CHARLES Village HYANNIS App Fee$ 100.00 License Num. 086733 Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND AMNESTY UNIT,EXISTING,APARTMENT 3 THIS CARD MUST BE KEPT POSTED UNTIL FINAL MULTI FAMILY,7 UNITS, 1 UNPERMITTED,2 AMNESTY INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: PISACANO,CHARLES a MARGO BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: P O BOX 126 INSPECTION HAS BEEN MADE. HYANNISPORT, MA 02647 Application Entered by: PR Building Permit Issued By: J� THIS PERMIT CONVEYS NO SIGHT TO OCCUPY ANY STREET''ALLY OR SIDEWALK ORANY PART THEREOF EITHER TEMPORARILY OR yPERMANENTLY ENCROACHFMENTS ON PUBLIC PROPERTY NOT SPECIFICALLY PERIVIITT GED�UNDER THE BUILDIN C6DE MUST BE APPROVED BY THEzJURISDICTION: STREET OR ALLYsGRADES P S WELL AS DEPTI3 AND I OCATIgN OF PUBLIC SBVJERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS THEISSUF.NCEOF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY<APPLICFABLE SUBDNISION RESTRICTIONS ip; 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). BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 3 1 Heating Inspection Approvals ;7,,5-- Fire Dept 2 7 ?G i t TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel1197 Application �l 'Ls3 l Health Division Conservation Division Permit# Tax Collector Date Issued c Treasurer Application Fee Z,24:?4pJ !D e2 Planning Dept. Permit Fee �O O Date Definitive Plan Approved by Planning Board 7 Historic-OKH Preservation/Hyannis - Project Street Address CZI� Village Owner �.�?.c ��s g� /( &/LO 9 Address Telephoned Permit Request Aipc�q Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach,„nn^4;-- Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No 0 Basement Type: ❑Full ❑Crawl Cl Walkout ❑Other PERMIT PAYMENT RECEIPT Basement Finished Area(sq.ft.) Basement Unfinishe TOWN OF BARNSTABLE BUILDING DEPARTMENT 200 MAIN STREET Number of Baths: Full:existing new Half:exi HYANNIS, MA 02601 Number of Bedrooms: existing new DATE: 10/30/06 TIME: 11 .40 Total Room Count not including baths):existing new I ------------- ( 9 ) 9 --TOTALS--------------- - PERMIT $ PAID 100.00 Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other AMT T�NDERED: 100.00 Central Air: ❑ ANGE: Yes ❑No Fireplaces: Existing New E: Cf .00 Detached garage:❑existing ❑new size Pool:❑existing ❑new size APPLICATION NUMBER: 20064160 PAYMENNT METH: CHECK Attached garage:O existing ❑new size Shed:❑existing ❑new size PAYMNT EF: 5663 n., Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ - a x Commercial ❑Yes ❑No If yes,site plan review# . Current Use Propdsed Use / BUILDER INFORMATION v Name N 144,1-63 Telephone Number V )7a Address//'Rooex /- ,6 License# C,_5�' a,eG 72 3 �Gc_r/L.�✓`i11 S/e� J �- �t Home Improvement Contractor#�/ore� V�� Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE t y 4. Yd q l--2- X 3 � X - e. CARBON MONOXIDE ALARMS MUST BE INSTALLED PER MASSACHUSETfS III a s i / 3 r � G X /® e s TRra a a SMOKE DETEC' U' REVIEWED IMPORTANT• UPGRADE REQUIRE® � t�—(�-o STATE BUILDING CODE REQUIRES THE UPGRADING OF BARNSTABLE BUILDING DEFT. SMOKE DETECTORS FOR THE ENTIRE DWELLING WHEN DATE ONE OR MORE SLEEPING AREAS ARE ADDED OR CREATED. FIRE NOTE: A SEPARATE PERMIT IS REQUIRED FOR THE DEPARTMENT DATE INSTALLATION OF SMOKE DETECTORS-THE ELECTRICAL BOTH SIGNATURES ARE REQUIRED FOR PERMl7TlNG PERMIT DOES NOT SATISFY THIS REQUIREMENT. 4oz -3 13 x CARBON MONOXIDE ALARMS MUST BE INSTALLED pER . MASSACHUSETTS BUXW on / .. c, S d Lj_.... - _ I tr voe & X7 FX3 ,3 8 5 CARBON MONOXIDE ALARMS MUST BE INSTALLED pa MASSACHUSETTS&"Vg e 1 si + 1 i + s o wm, 13 X - t V, /. C CARBON MONOXIDE ALARMS MUST BE INSTALLED PER co MASSACHUSETTS BUILDING CODE c 5 s V f 1 ✓ ref . O S-lq, �4/ Xr° 13 9 sq, 03 V �41X fIV tl : �. CARBON MONOXIDE ALARMS MUST BE�NSTA!LED PER �. MASSACHUSETTS BUILDING CODE ✓ S r ® s 5 --•-�^� CARBON MONOXIDE ALARMS MUST BE INS i ALLIED PER MASSACHUSIT S 31JILDING CODE C -----------L l3 13 P s -3 /1( 9 S �Z�? 6<2&17/-1/ ... =-. CARBON MONOXIDE ALARMS MUST BE INSTALLED PER MASSACHUSETTS WiLm ca Pq MAHB Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2005-098—Pisacano Decision - Chapter 40B Comprehensive Permit Applicant: Charles and Margo Pisacano Property Address: 25 Cedar Street, Hyannis,MA Assessor's Map/Parcel: Map 327, Parcel 197 Zoning: Medical Services Zoning District Applicants: The applicants are Charles and Margo Pisacano,who own the multifamily apartment building at 25 Cedar Street,Hyannis MA. Charles and Margo Pisacano were granted title to the property by deed recorded in the Barnstable Registry of Deeds on December 15,2000 as recorded in Book 13432, Page 115. 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 accessory affordable apartments within a multi-family residential dwelling. The issuance of this Comprehensive Permit would allow for two accessory affordable apartment units in a multi-family dwelling. Locus and Background: The property at issue is a 0.49-acre lot located at 25 Cedar Street in Hyannis that was developed with a multi-family apartment building. The effective living area of the building is 5,745 square feet. This is a multi-family dwelling with a total of seven apartments; six units are legal,but one is unpermitted. To comply with the requirement that 25% of the units in a multifamily property be restricted as affordable under Chapter 40B of the MA General Laws, the property owners have agreed to designate two units as affordable accessory apartments. Unit# 2 is a one-bedroom unit of approximately 550 square feet, and Unit#3 is a studio unit of approximately 350 square feet. The lot is served by public water and sewer, and is located within a Wellhead Protection.Overlay District. The town of Barnstable's Public Health Division reviewed the application, and on October 6, 2005 approved the property for a total of twelve (12) bedrooms. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Growth Management Department on October 6, 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 October 6, 2005. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on September 30, 2005 and October 7, 2005, and notices were sent to all abutters in accordance with MGL Chapter 40B. On October 19, 2005 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Charles Pisacano, was present at the hearing. Elizabeth Dillen 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 October 19, 2005 the Hearing Officer made the following"findings of fact: 1. The applicants are Charles and Margo Pisacano, who own the multifamily apartment building at 25 Cedar Street; Hyannis MA. They are requesting a Comprehensive Permit to convert two existing apartments in a multifamily dwelling into accessory affordable apartments. The conversion of these units to accessory affordable units in a multi-family dwelling qualifies for the "Accessory Affordable Housing Program." 2. Charles and Margo Pisacano were granted title to the property by deed recorded in the Barnstable. Registry of Deeds on December 15, 2000 as recorded in Book 13432,Page 11.5. 3. On October.6, 2005 a site approval letter was issued for the property by Elizabeth Dillen of the Growth Management Department, in accordance with MGL Chapter 40B and 760 CMR.Notice of the site approval letter was sent to the Department of Housing and Community Development, in . accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable units are a studio of approximately 350 square feet, and a one- bedroom of approximately 550 square feet. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and sewer and is in an identified Groundwater Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved the property for a total number of twelve (12)bedrooms. 7. On August 23, 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 units in perpetuity as affordable rental units. 8. The applicants understand that the affordable.unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and further 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 October 19, 2005, 6.3% of the town's year round housing stock qualifies as affordable housing units. 2 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.. 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, Charles and Margo Pisacano. It is issued to allow for the conversion of two units into accessory affordable housing units in accordance with the following conditions: 1. Occupancy of Unit#2 shall not exceed two people. 2. Occupancy of Unit#3 shall not exceed one person. 3. These units shall not be occupied by a family member of the owners. 4. Parking for all of the apartments shall be on-site. 5. To meet the requirements of affordability,the cost of housing(including utilities) shall not exceed 30%of 80% of the median income for a single individual for the Barnstable-Yarmouth MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 6. All leases shall have a minimum term of one year. 7. The Growth Management Department shall serve as the monitoring agent for the accessory apartments. 8. The applicants must apply for a building permit for the accessory unit,whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the units conform with the approved plans as submitted with the building permit application and meet state building and fire codes.The Health Division must . determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 9. The applicants may select their own tenant, provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Growth Management Department of the town of Barnstable as a qualified individual. The applicants will be 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 10. Every twelve months the applicants shall review the income eligibility of the individual g h' 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 applicants shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 11. This Comprehensive Permit shall not be transferable to any other-person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the Growth Management Department of the town of Barnstable shall be notified within 60 days of the name and address of the new owner. 12. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. 4 M Ordered: Comprehensive Permit 2005-098 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 October 19, 2005. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. ILA Gai ightingale, Laring Of er Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County,Massachusetts,hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this o2g�'h(day of J-OOJ— under the pains and penalties-of perjury- Linda Hutchenrider, Town Clerk 5 r 12-19-2005 Lap 12 = 175n� REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATO Y AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this day of ,2005, by and between Charles and Margo Pisacano of 86 Short Beach Road, Centerville MA 02632 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 two accessory apartments in a multi-family dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter Desi nated Affordable g o ble Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN- A- The terms of this Agreement and Covenant regulate the property located at 25 Cedar Street, Hyannis MA 02601 as further described in deed recorded 'herewith as Barnstable County Registry of Deeds Book 13432,Page 115. B. The Project,located at 25 Cedar Street,Hyannis MA 02601,will consist of two accessory apartment units to 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. 2005-098 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 ,Page 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 units,the Owner agreed that the Designated Affordable Units 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 Units shall be deemed to be impressed with a public trust. 2. The Designated Affordable Units shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AWt 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 Units will be retained as permanent,year round rental dwelling units with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The•execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation, or any order of any court or other agency or governmental body, and will not violate or, as applicable,has not violated any provision of any indenture, agreement,mortgage, mortgage note, or other instrument to which the Owner is a parry or by which it or the Owner is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner, at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or,to the knowledge of the Owner,threatened against or affecting. it, or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS. 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Units in perpetuity to a household with a maximum income of 8.0% 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 Units are rented,the tenants'income verification,a copy of the lease agreements 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 Units. 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.Units are being rented in perpetuity to households 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 evert 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 i r 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 porticns 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 patties 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 housingand shall be deemed to be and b these y 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 13432, Page 115 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 13432,Page 115. XI. TERM OF AGREEMENT: The term of this Agreement shaL1 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 maybe,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit, the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. XII. 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=n enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent mayperfect such a lien on the Project byrecording a certificate setting forth the amount of the costs and expense due and owingin the Registry of Deeds or the Registry of the District Land g �' g rY Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of . any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. )IV. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution.and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals thiC� day of C ,200 OWNER OWNER BY: BY: Charles Pisacano Margo Pisacano COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this 9 day of 20 6before me,the undersigned notary public,personally appeared Cl 4 ii the Owner(s) acttrrye�idease �e er5oncd !. K D .1h rrz - ,to be the person(s) whose name(s) is signed on the precedihg or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. �— Notary Public Printed: raj, My Commission Expires: —�hhl I C J } TOWN OF BARNSTABLE BY: T MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: O ay T2 ore me,the undersi ned not 'Public,persona lly appeared o wn Ma a er for the To of B table,proved to me through satisfactory evidence of identification,which were b d ,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. Notary Public Printed: My Comrnission Expires: 1 ' t3rTN ANN DILLEN Notary Public vorrmor;�eallh of Massachusetts W fMY Commission Expires October 27, 2011 5 oFtME T Town of Barnstable BARNMBLE, Regulatory Services MASS.. ,•� Thomas F. Geiler,Director TED MA'1 A Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 December 21, 2005 Charles and Margo Pisacano 86 Short Beach Road Centerville, MA 02632 Re: Proposed Accessory Affordable Apartment 25 Cedar Street, Hyannis 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 i Barry, Lois To: Dillen, Elizabeth Subject: 25 Cedar Street Hi Beth, I've faxed you a copy of the ZBA decision, which describes the units, and a copy of the plot plan referenced in the decision. We don't have a floor plan. I've checked with ZBA and they don't have a floor plan with Appeal No 1997-67. 1 oFt ro,,, Town of Barnstable Regulatory Services • anxxsrnaLe, „ASS. Thomas F. Geiler, Director i6S9 ♦0 'OrF1639.• Building Division Thomas Perry, CBO,Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: Beth ATTN: FAX NO: 508 862 4782 FROM: Lois DATE: 10/5/05 PAGE(S): (INCLUDING COVER SHEET) ,APR- 9a99 FRI 1 .'08 PM,,.. BARNSTAB!E, PLANNING, DEP'T FAX NO, 508 790 6288 P. I L'i ,sunP Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No 199747; - Meriesena i~nterprises,inc. Appeal of the Decision of the Building Commissioner Summary Overruled Building commissioner Applicant:......................................Merlesena Enterprises,inc, Property Address......................:...25 Cedar Street,Hyannis,MA Assessor's Map/parcel.......:....... 3271197....Area..............0.49 Be...........Building Area.......5,628 sq.ft. Zoning: ........................ ................PRO Professional Residential District Groundwater Overlay..........._.......GP Groundwater Protection Overlay District Background; The property is located at 25 Cedar Street. Hyannis, MA in a PR Professional Residential Zoning District. According to the Assessor's Records,the two story structure has a gross floor area of 6,438 sq.tt.and contains 8 ,family units(Apartments). According to the Assessor's Record,the structure was originally built some time around 1880. The present owners of the property, Merlesena Enterprises, Inc., purchased it in 1985. The applicant has requested the following forms of relief: • Appeal No 1997-67: Appeal of the decision of the Building Commissioner dated March 19, 1997, in which the Commissioner ruled that the multi-family building on the premises is a lawful four(4)family dwelling and not a seven(7)unit dwelling. • Appeal No. 1997-68: Petitioned for a Special Permit pursuant to Section 4-4.2 Change From One Non- conforming Use to Another,to legitimize additions constructed by Building Permits in 1985186 and the apartment use,and Section 3-2.1(3)(A)Renting of Rooms to 10 Lodgers. e Appeal No. 1997-69: Appeal for a Variance to the provisions of Section 3-2.1(J), Multi-Family Dwellings (Apartments); specifically(a) Minimum Lot Area/Unit, (d)Minimum Front Yard Setback(e) Minimum Side and Rear Yard Setbacks and(0 Perimeter Green Space, to allow the seven existing apartment units to be legal under zoning. The applicant has also requested Variance from Section 3-5.2(6)(C)Groundwater Protection Overlay District,'Lot Coverage, The Appeal of the decision of the Building Commissioner was filed with the Zoning Board of Appeals within 30 days of the date of the issuance of the decision letter dated March 19, 1997.that is being appealed. Procedural Summary. This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 18, 1997. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to ail abutters in accordance-with MGL Chapter 40A. The hearing was opened June 11, 1997,at which time the Board found to overrule the decision of the Building Commissioner and that six(6)of the units are legal non-conformities on the site. APR- 9799 FR I 1 :09 PM BARNSTABLE, PANNING, DEP i FAX NO. 508 i90 e288 P. 2 r 'town of Barnstable-Zoning Board of Appeals•Decision and Notice Merlesena Enterprises,Inc.Appeal No 1097-67: Apoeal of the Dedsion of the Building Commissioner , Board Members hearing this appeal were Ron Jansson,Gene Burman, Richard Boy, Emmett Glynn, and Chairman Gail Nightingale. Attomey Peter Freeman represented the applicants, Paul and John Merlesena,who were present Hearing summary: Attorney Peter Freeman requested to have Appeals Numbers 1997-.67,66 and 69 heard together, however, the Board determined that the appeal of the Building Commissioner should be heard first to avoid confusion and that the out come of that appeal may negate'the need to proceed with the other requests for relief. Attorney Freeman Submitted photographs to the file. Attorney Freeman described the location of the area,which is a PR®-Professional Residential Zoning District- with numerous offices and apartment buildings. Attorney Freeman explained that the Merlesenas bought the property as a six unit apartment building. This is evidenced in the Purchase and Sales Agreement. In May 1985, Building Permit#27840 was issued. It states"add to multi family dwelling". Another Building Permit states, "add to 2nd floor apartment." These records show that the applicant was continually making improvements with all the proper permits in place and not trying to do anything"underhanded". There are five, two bedroom apartments,dne 1-bedroom apartment and one studio apartment The site is connected to town sewerage. The Board asked Attorney Freeman what records he has to show this was a legal seven-unit apartment building, Attorney Freeman stated that he has nothing explicitly from the Town that documents the six apartment units. He cited that the photographs show a foundation was poured for an additional unit and doors to six units are clearly visible. He noted that the building permit indicates multi-family, the Purchase and Sales Agreement states six apartments, heating permits and inspections exist for seven gas furnaces and taxes are being assessed as multiple family units. The'Board reminded Attorney Freeman that under Chapter 40A, Section 7,the statute of limitation applies when there is"proof"that the use is legal and permitted, and it is Mr. Freeman's obligation to prove the legal use. Public Comment; No one spoke in favor or in opposition to this appeal. Procedural Summary: Based upon the evidence presented, the Board proceeded with making findings on the Appeal No. 1997-67. The fast set of findings were negative and the Board made the decision to uphold the Building Commissioner. The Board then proceeded with the remaining two Appeal, Numbers 1997-88 and 69, During testimony on those appeals it became evident to the Board that Appeal Number 1997-67 should be reopened and revisited in light of new information presented. In accordance with MGL Chapter40A, Section 14, a motion was duly made, seconded, and unanimously voted to re-open Appeal Number 1997-67 to allow the Board to review and reconsider their previous motion. Re,Opened Hearing Summary; John Merlesena testified that he and his brother bought the property in 1985 as a six unit apartment dwelling unit They took pictures of the building showing the six entrances. He and his brother then added the"newer unit upstairs",followed later by"addling)on a new unit upstairs and addling]on the foundation that abuts the building,tore off the roof and added on a two bedroom apartment." They secured permits for all the work done. They have seven furnaces and the Town inspected the units and never were they told that the units were not allowed. The Board asked the applicant for copies of any actual building permits. The Zoning Board of Appeals file only has copies of applications for building permits, but no copies of actual building permits themselves. The Board reviewed the fife from the Building Department. The Board discussed the application for a Building Permit dated March 18, 1986 and the application for a Building Permit dated April 23, 1985. Attached was a plan 2 APR- 9799 FR i I : t 0 PNi BARNS'PABi E, PLANNIN", DEPT FAX NO. 508 790 628$ P. 3 'Town of Barnstable-Zoning Board of Appeals-Decision and Notim MerleBena Enterprises,inc.Appeal No 15$7.67: Appeal of the Decision of the Building Commissioner from the Engineer Edward Kauey showing the buildings fFatio4ad#1 and#2 and#3 plus the proposed addition. Under that sketch is the"story list"for each unit_ Unit 01 has two stotlivo(632.2 sq.ft, and 748.9 sq,ft), Unit#2 has two stories (345.2 sq.ft. and 486.0 sq.ft). Unit#3 has two stories(1072.2 sq.ft and 1972,2 sq.ft,). These figures coincide with the total square footage listing on the sketch drawing. This plan was part of the application with a date'ot 4/8185, n snows that there were three units per floor for a total of six separate units. Board Member Ron Jansson and Attorney Freeman stated they both are of the belief that this plan and the application are considered part of the permit, especially since it was attached to the permit. The Board further discussed this plan and the building permit applications. it appears the six units are pre- existing. A motion was duly made, seconded, and unanimously voted that, pursuant to Chapter 40A, Section 7, that the Zoning Board of Appeals annul its previous negative findings and decision to uphold the Building Commissioner in Appeal Number 1997.67. AYE: Gene Burman, Ron Jansson, Richard Boy, Emmett Glynn,and Chairman Gail Nightingale NAY: None Order: The previous decision that upheld the Building Commissioner is now annulled. The Board discussed the building permit that states"add two bedrooms"and questioned if it was for an apartment with two bedrooms and just two bedrooms within the original six units There was a discussion about the square footage of the apartments. The assessor's card from 1986, state"eight apartments°. The Board concluded that it appears there are six legal units based on the'plan from Edward Kelley. Findings of Fact; At the Hearing of June 11, 1997,the Board.unanimously found the following findings of fact as related to Appeal No. 1997-67: 1. The applicants are appealing the Decision of the Building Commissioner dated March 19, 1997, under the terms of which he finds that"the building at 25 Cedar Street in Hyannis is a lawful four-family dwelling but is currently being used as a seven-family dwelling.' 2. The property in Issue is in the PRD Professional Residential District. 3. The petitioner's initially appealed for modifications to the structure located at 25 Cedar Street by virtue of building permit applications granted on March 17, 1985,April 16, 1985, and May 3, 1985, 4. Within the confines of one of these applications,there was a plan dated April 8, 1985 submitted by Edward E. Kelly with this application illustrating that the proposed use at that time consisted of six separate apartment units. 5. .Based upon the application,a building permit was issued to make the requested improvements at this site. 6. The application itself becomes part of the building permit and accordingly under Chapter 40A, Section 7,the six apartment units are protected because more than six years has elapsed since the issuance of the bUildin,q permits. Before voting on the findings, there was a discussion. Discussion: There was a discussion as to whether or not the seventh unit is also legal. But since only six units have been established,the"use"of the seventh unit has not been established. The building permit application for this unit does not reference plumbing or electricity and therefore the Board can not determine if it was an independent unit. The Board is voting on whether or not the six units are legal, pre-existing non- conforming uses. 3 f APR— 9-99 FRI 1 : 10 PM BARPdSTABi,E, PLANNING. DEPT FAX NO. 508 790 6288 P. 4 •Town of Barnstable•Zoning Board of Appeals-Decision and Motive Merlesene Enterprises,Inc,Appeal No 1997-67, Appeal of the Decision of the euMing Commissioner Decision: Based upon the findings a motion was duly made and seconded to overrule the decision of the Building commissioner in a letter dated March 19, 1997. The Vote was as follows: AYE; Gene Burman, Ron Jansson, Richard Boy, Emmett Glynn, and Chairman Gail Nightingale NAY,None Order: In Appeal Number 1997-87,the Building.Commissioner has been overruled. There are six legal units. Appeals of this decision, if any,shalt be made to the Barnstable Superior Court pursuant to MG Chapter 40A, Section 17, wi !oven �(2�O) ys after the date of the filing of this decision in the office of the Town Clerk, • _��.�� 1997 G f Nightingale, hairma Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnslable County, Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the TowR Clerk. Signed and sealed this day of 1997 under the pains and penalties of perjury, 4 c 4 F'`.# is. i. {. ( i *'; Y t ';i1 T i. } fi.i tw:}...j -,1 !..; 1. �,..T+.--i..IF.�,,:-�,.,4.4g.,� !,iII!II1[LIII,,--.--I-, 1` -.iI (`l f , 1 I 1 t .'1, t •, I t i { 'I S"T is 1'T I �1 '. f. d .. 1 ' I I y r 1„,^}i. , , + , ;! �. R 1 , ), t.::1 4. :�:- 3i h1•-3.- -fi •.S ` i .1 I.. i - t...... .},. to Z.. I y-. : i } L I x.. , . +. ;e rt r . i -t. 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I '1 1 ! s= t t t �..:iI..,.+'.._-_,�.. 1 : f 1 r: ! .1 'J' - y .3 'ti 1 ,11 a ''}r t ., i,�* ,a'. rf i ' { i I .;,� } i t.,.i T ..�,,. ,_ ' -'i I ' 4 , I f , r t + *: S 4 h s - i t { t t 1 1 ` ..1 :; r 1 i I » t ?'r '">3'-- -ar' _:.' ^'-., .., a ....-....,...c �: ��,•!f,-,;;> '".• t ..�.:�--'-r ==«-• _ �.4.-.�'�' ^-{'-�.•t III ., - . . . . t•_ . - , i Barry, Lois From: Dillen, Elizabeth Sent: Wednesday, October 05, 2005 9:17 AM To: Barry, Lois Subject: 25 Cedar Street Hi Lois - Thanks for the Building Permits apps. We are in the process of having new business cards made up; I'll send you a bunch when they come in. When you get a second, could you check the building file for 25 Cedar Street for any kind of floor plan? I need to submit something with their septic application. Thanks, Beth Elizabeth Dillen Town of Barnstable Growth Management Department 367 Main Street, Hyannis MA 508.862.4683 i TOWN OF BARNSTABLE INSPECTION WORKSHEET CJos CERTIFICATE NO: 46434 CANCELLED: �] MAP: 327 DBA: ICEDAR STREET APARTMENTS PARCEL: 197 NAME/MANAGER: ICHARLES&MARGO PISACANO STREET: 125 CEDAR STREET VILLAGE: HYANNIS STATE: MA ZIP: 02601- SEQ NO: BUSINESS TYPE: MULTI-FAMILY CONSTRUCTION TYPE: STORYI: CAPACITY: USE1: R2 Capacity Under 50: STORY2: CAPACITY: USE2: STORY3: CAPACITY: USE3: Outside Seating: BY PLACE OF ASSEMBY OR STRUCTURE CAP1: I LOC1: 6 UNITS CAPS: L005: CAP2: LOC2: 1 STUDIO CAP6: LOC6: CAP3: LOC3: 11-BEDROOM CAPT. LOCI: _ _J CAP4: LOC4: 4 2-BEDROOM CAPS: LOC8: INSPECTION: DATE ISSUED: EXPIRATION: , ?rint This'Screen' 06/01/2005 06/01/2010 �,; '�`�Print Certificate of Inspector ' COMMENTS: The Commonbic ltb of jffia.5.5arbUgCttq TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to CHARLES & MARGO PISACANO 31 Certifp that 1 have inspected the premises known as: CEDAR STREET APARTMENTS located at 25 CEDAR STREET in the f Village o HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R2 The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 6 UNITS 1 STUDIO 1 1-BEDROOM 4 2-BEDROOM Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 46434 6/1/2005 6/1/2010 327 197 The building official shall be notified within(10) days of any changes in the above information. Building Official Town of Barnstable Regulatory Services BARNSTABLM r MASS. .somas F. Geiler, Director ED139o`lp�� Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 June 7. 2005 Charles Pisacano PO Box 126 Hyannisport, MA 02647 Re: 25 Cedar Street Certificate of Inspection Dear Mr. Pisacano: We received the Certificate of Inspection application and fee of$97 in response to our request. Our records show this property as a legal 6-unit multi-family, but you have indicated that you have 7 units. Where did the 71b unit come from? We will withhold the Certificate of Inspection until this matter is resolved. Please contact me or Lois Barry,Division Assistant, at 508-862-4039 as soon as possible. Sincerely, Thomas Perry Building Commissioner J050607a Commonbicartb of '41a.5.5a rbUgettq TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to CHARLES & MARGO PISACANO 3 QLertifp that 1 have inspected the premises known as: CEDAR STREET APARTMENTS located at 25 CEDAR STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R2 The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 6 UNITS 1 STUDIO 11-BEDROOM 4 2-BEDROOM Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 46434 6/1/2005 6/1/2010 327 197 The building official shall be notified within (10) days of any changes in the above information. Building Official i COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY FIVE-YEAR CERTIFICATE Date �� / OS (X) Fee Required$� 7 ( ) No Fee Required In.accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: �SJ G D/-4-te s /. Name of Premises: Purpose for which premises is used: MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL ") STUDIO / I BEDROOM / 2 BEDROOM 3 BEDROOM OTHER ---� Certificate to-be Issued.to: (—,—i/ /.9,/2 z - Address: P. O- � . Z d9��✓i$ �o � o LG y, Telephone: J O Y — 7 7 G V VG 97 . Owner of Record.of Building: / LDS Al 1,2-'e c o /%, e✓a nio Address: ? 2 - .o> aTZ G Name of Present Holder of Certificate: Name of Agent, if any: SIGNATURE OF PERSON TO WHOM CERTIFICATE L2 �G IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE. 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# L/ EXPIRATION DATE: / coiappmf L oFtr�,, Town of Barnstable Regulatory Services * sARNSTABM to $ Thomas F. Geiler, Director i639• ♦0 °�Fo N►p+" Building Division Thomas Perry, CBO,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 May 11, 2005 Charles & Margo Pisacano P O BOX 126 HYANNISPORT,MA 02647 Re: 25 Cedar Street Certificate of Inspection Multi-family Dwelling (5-year Certificate) Dear Property Owner: Attached you will find an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Sixth Edition. Please complete the application and return to this office with the required fee: 6 Units - $97.00 The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5.2 of the State Code. Sincerely, Thomas Perry Building Commissioner Enclosure jcoiletmf I 05/11/2005 TOWN OF BARNSTABLE PAGE 1 09 : 49 : 58 CUSTOMER FILE REPORT arestmnt Number 252365 Last Changed by munis on 09/01/2004 at 20 : 31 Created thru TX Person/Entity P Name PISACANO, CHARLES & MARGO THE? N Address P 0 BOX 126 Zip code 02647 City, State HYANNISPORT, MA Country FID Telephone Fax E-mail Website Customer Type Resident? N Addl Addresses N Special Conditions N Associated Names OWNERS Seq Name The or FID H/N PISACANO, CHARLES & MARGO N P -------------- ---------------------------------------------------------------- PROPERTIES OWNED Cat Own Prop ID Pct Own Stat Aka Bill 20 P 327197 100 . 000 N 1 records printed. ** END OF REPORT ** � v t ° Regulatory Services Mans& Thomas F. Geiler,Director oN,on" Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Tom Perry FROM: Lois Barry DATE: 9/18/03 RE: MULTI FAMILY CERTIFICATES OF INSPECTION Attached is a Multi Family Status Report. We now have Certificates of Inspection for most of the multi families that require them. The following properties are"pending" for the reasons described. Is there any further action we should take? 2 5.CEDAR.STREET;.HYANNIS We received a Certificate of Inspection fee for 6 units. The COI was not delivered because there are 7 units. There is a note from 8/02 that the owner would go to ZBA for the 7th unit. As of this date, no ZBA application has been filed. 1927 FALMOUTH ROAD, CENTERVILLE See separate memo. 44 PLEASANT STREET, HYANNIS The Certificate of Inspection letter was never sent, and the original file is missing. There are 2 legal units,but our notes indicate there are 7 units. I emailed Paulette who sent a letter on 5/6/03. There has been no follow-up with Amnesty as of 9/17/03. LETTERS SENT 8/02,NO RESPONSE. SENT AGAIN 5/20/03 91 LOUIS STREET, HYANNIS Owner called 7/15/03, refused to pay fee, memo to Tom Perry. Do you want to take any action? 36 OAK NECK ROAD, HYANNIS, sent letter again 9/10/03. J020820a oFSHE� , Town of Barnstable *permit# 6 sr la 9 Expires 6 months-from issue date + Regulatory SerBaxxsrAkS, • vices _ Fee �5 i639• �•. $ Thomas F.Geiler,Director �p A�� rEo Mph Building Division Tom Perry, Building Commissioner MIT 200 Main Street, Hyannis,MA 02601 �X rP Office: 508-862-4038 1 Fax: 508-790-6230 '�1e NOV 14 2002 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint TOWN OF BARNSTABLE Map/parcel Number �s Property Address ra Residential ra rt Value of Work Owner's Name&Address ' Contractor's Name ELW4 Telephone Number Home Improvement Contractor License#(if applicable) P L4 Construction Supervisor's License#(if applicable) (1 i V Workman's Compensation Insurance Check one: lb ❑ I am a sole proprietor ❑ I am the Homeowner ® I have Worker's Compensation Insurance Insurance Company Name S Workman's Comp.Policy# Permit Request(check box) t� Re-roof(stripping old shingles) All construction debris will betaken to 6� (� �' 1 ❑Re-roof(not stripping. Going over existing layers of roof] ❑ Re-side ❑ Replacement Windows. U-Value (maximum.44) ❑ Other(specify) *where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. Signature' Q:Forms:expmtrg Revised121901 Town of Barnstable o � Regulatory Services � a IIALMsrnBM ' Thomas F.Geiler,Director MAM 0 Ma+a � Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM DATE: TO: File REGARDING: COI Multi-Family Use Re: Certificate of Inspectio( is of required for this property--does not consist of 3 or more units within a single structure. Notes: 0 n6a .S2 cy��— (--)r) l -7 7' 0 The Town of Barnstable snxxsTnsi.E, + , 9� �� Department of Health, Safety and Environmental Services ArEO rn►'�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 3, 2000 Merlesena Enterprises, Inc. PO Box 135 Osterville,MA 02655 Dear Property Owner: We received the Certificate of Inspection application and fee of$87 in response to our request. It is my understanding that although you have approval for 6 units,you presently have 7 units and will be applying to the Zoning Board of Appeals for approval of the 7th unit. Please let us know the result of your appeal. At that time we will issue the appropriate Certificate of Inspection. Sincerely, Lois Barry Building Division LB/bhs The commonwealth of M assachusetts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to MERLESENA ENTERPRISES, INC. Certify that I have inspected the premises known as: CEDAR STREET APARTMENTS located at 25 CEDAR STREET , in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: Use Group Construction Type Location Capacity R2 6 UNITS 1 STUDIO 1 1-BEDROOM 4 2-BEDROOM -HOLD COI-TO ZBA FOR' ,APPROVAL OF 7 UNITS' 'N 46434 6/1/00 6/1/05 Certificate Number Date Certificate Issued: Date Certificate Expired: The building official shall be notified within (10)days of any changes in the above information Building Official f �n+e r� . - The Town of Barnstable - �q, 1'� �0 De;; artment of Health, Safety and Environmental Services A'FD1A0'`�' I BuildingDivision I 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner CERTIFICATE OF INSPECTION CAPACITY INSPECTION MULTI-FAMILY DBA M&P- 3 ? -7 - 1 l-7 LOCATION 5 ot• �,,,�, OWNER P/71 g 2 4 E's K14 N_frYVr, 14s '91 ADDRESS �, x 3s ZONING NO. OF UNITS/FEE in Y-0 GLORIA URENAS APPROVAL kd INSPECTOR Qc�WIAf � 6 DATE OF INSPECTION J980309A )) The C o m m o n wealth of m ass achu s e tts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to MERLESENA ENTERPRISES, INC. Certify that I have inspected the premises known as: CEDAR STREET APARTMENTS located at 25 CEDAR STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: Use Group Construction Type Location Capacity R2 6 UNITS 1 STUDIO 1 1-BEDROOM 4 2-BEDROOM HOLD COI-TO ZBA FOR-\ APPROVAL OF 7 UNITS 46434 6/1/00 6/1/05 Certificate Number Date Certificate Issued: Date Certificate Expired: The building official shall be notified within (10)days of any changes in the above information Building Official kd Ss The commonwealth ofMassachusetts -UIV TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to MERLESENA ENTERPRISES, INC. Certify. that I have inspected the premises known as: CEDAR STREET APARTMENTS located at . 25 CEDAR STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts.. The means of egress are sufficient for the following number ofpersons: Use Group Construction Type Location Capacity R2 6 UNITS 1 STUDIO I I-BEDROOM 4 2-BEDROOM 46434 6/1/00 6/1/05 Certificate Number Date Certificate Issued: Date Certificate Expired: The building official shall be notified within (10)days of any changes in the above information Building Official TMe tq,� �7 0 - : The Town of Barnstable - BARNS ABM • lip 9q, 11659. ,0$' ; De, artment of Health, Safety and Environmental Services ArFo �� Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner CERTIFICATE OF INSPECTION CAPACITY INSPECTION MULTI-FAMILY DBA M&P 3 2 - - I l-7 LOCATION_ C9 5 - A OWNER FiYj M)Jon-- ADDRESS ZONING . 4 NO. OF UNITS/FEE 4 i `9 GLORIA URENAS _ APPROVAL DATE INSPECTOR Qc 7 DATE OF INSPECTION G l ad oo J980309A COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY FIVE-YEAR CERTIFICATE Date ✓� d� - (X) Fee Required$ 3 7 y U ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: Name of Premises: � ov ! Purpose for which premises is used:'INaULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBgR OF UNITS TOTAL STUDIO 1 BEDROOM 2 BEDROOM 3 BEDROOM OTHER Certificate to be Issued to: Address: Telephone: G1d� Owner of Record of Building: Address: y �� Name of Present Holder of Certificate: Name Ag nt,if any: AIGNATURE Of PERSO TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT z J". PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 367 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information: CERTIFICATE# y G �✓�" / EXPIRATION DATE: 15 S I . DIME r The Town �v of Barnstable 9� ; Department of Health, Safety and Environmental Services ATFDMA'�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner yy�sw�f (),0 '40 CERTIFICATE OF INSPECTION CAPACITY INSPECTION MULTI-FAMILY DBA O&W D-J M&P LOCATION CQ OWNER .. 1, OS-E- i4 ADDRESS c. X ZONING NO. OF UNITS/FEE Ott GLORIA URENAS APPROVAL DATE INSPECTOR c l DATE OF INSPECTION J 7 J980309A - - y=� __ _ _ -- � � � � �, � �� =�� -�� 1 '-�� , T he C om m onw ealth of M assachusetts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.S, this CERTIFICATE OF INSPECTION is issued to MERLESENA ENTERPRISES, INC. Certify that I have inspected the premises known as: CEDAR STREET APARTMENTS located at 25 CEDAR STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts.. The means of egress are sufficient for the following number of persons: Use Group Construction Type Location Capacity R2 6 UNITS 1 STUDIO 1 1-BEDROOM 4 2-BEDROOM 46434 6/1/00 6/1/05 Certificate Number Date Certificate Issued: Date Certificate Expired: The building official shall be notified within (10)days of any changes in the above information — Building Official �FtF1E . The Town of Barnstable BAMST � '+� �' Department of Health Safety and Environmental Services Argo Meg" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner TO: Gail Nightingale,Chairwoman,Zoning Board of Appeals FROM: Ralph Crossen,Building Commissioner/lb REGARDING:Merlesena Enterprises,Inc. DATE: June 10, 1997 The attached plan has been found approvable by Site Plan Review and is forwarded to the Zoning Board of Appeals for their action. The plan represents several changes to the original submission and is,in our collective opinion, the best that can be expected of this locus. g970610a I �p THE Tp� The Town of Barnstable &MMSTABM 9� 16.19. Department of Health, Safety and Environmental Services . Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 15, 2000 MERLESENA ENTERPRISES INC BOX 356 HYANNIS, MA 02601 Re: Certificate of Inspection Multi-family Dwelling (5-year Certificate) 25 CEDAR STREET,HYANNIS 327 197 Dear Property Owner: Attached you will find an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Sixth Edition. Please complete the application and return to this office with the required fee: 6 Units - $87.00 The fee has been established by the State (Table 106) and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5.2 of the State Code. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn j990428e The Town of Barnstable • s�srrsr�.e. • • 9 1 ,0�' Department of Health Safety and Environmental Serviez-5 En " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner April 9, 1999 Mr.Charles Carey Carey Real Estate 146 Main Street Hyannis,MA 02601 RE: 25 Cedar Street 327-197 'Hyannis,MA 02601 57 Cedar Street 328-164 Hyannis,MA 02601 Dear"Chuck", In response of your inquiry,25 Cedar Street,Hyannis is a legal six family dwelling and 57 Cedar Street, Hyannis is a legal three family dwelling. Very truly yours Gloria M Urenas Zoning Enforcement Office GMU/sjc g990409a APR- 9-99 FRI 1 :08 P�vL;,... BJNSTABLE, PLANNING, DEPT FAX N0, 508 790 6288 P, 1. A sag Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No 1997.47. - meriesena i~nterpriees,inc. Appeal of the Decision of the Building commissioner $ummary Overruled Building Commissioner Applicant:......................................Merlesena Enterprises.Inc. Property Address......................:...25 Cedar street,Hyannis,MA Assessor's Map/Parcel.......:...... 3271197....Area..............0.49 ac...........Building Area.......5,628 sq.ft. Zoning:................................•....•••...PRO Professional Residential District Groundwater Overlay....................GP Groundwater Protection Overlay District Background: The property is located at 25 Cedar Street, Hyannis, MA in a PR Professional Residential Zoning District. According to the Assessor's Records,the two story structure has a gross floor area of 6,438 sq.ft, and contains 8 ,family units(Apartments). According to the Assessor's Record,the structure was originally built some time around 1880. The present owners of the property, Merlesena Enterprises, Inc., purchased It in 1985. The applicant has requested the following forms of relief: a Appeal No 1997-67: Appeal of the decision of the Building Commissioner dated March 19, 1997, in which the Commissioner ruled that the multi-family building on the premises is a lawful four(4)family dwelling and .not a seven(7)unit dwelling. a Appeal No.1997-68: Petitioned for a Special Permit pursuant to Section 4-4.2 Change From One Non- conforming Use to Another,to legitimize additions constructed by Building Permits in 1985186 and the apartment use, and Section 3-2.1(3)(A)Renting of Rooms to 10 Lodgers. Appeal No. 1997-69: Appeal for o Variance to the provisions of Section 3-2.1(J), Multi-Family Dwellings (Apartments); specifically(a) Minimum Lot Area/Unit, (d)Minimum Front Yard Setback(e) Minimum Side and Rear Yard Setbacks and(f) Perimeter Green Space, to allow the seven existing apartment units to be legal under Zoning. The applicant has also requested Variance from Section 3-5.2(6)(C)Groundwater Protection Overlay District,'Lot Coverage, The Appeal of the decision of the Building.Commissioner was filed with the Zoning Board of Appeals within 30 days of the date of the issuance of the decision letter dated March 19, 1997,that is being appealed. Procedural Summary. This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 18, 1997. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance-with MGL Chapter 40A. The hearing was opened,tune 11, 1997,at which time the Board found to overrule the decision of the Building Commissioner and that six(6)of the units are legal non-conformities on the site. APR- 9-99 FRI 1 :09 PM PART`"STAPi E. PLAidNING. DEPT FAX NO, -008 790 62985 P. 'town of Barnstable-Zoning Board otAppsals•Decision and Notir Merlesena Enterprises,Inc.Appeal No 1997-67,. Appeal of the Decision of the Building Commissioner , Board Members hearing this appeal were Ron Jansson,Gene Burman, Richard Boy, Emmett Glynn, and Chairman Gail Nightingale. Attorney Peter Freeman represented the applicants, Paul and John Merlesena,who were present. Bearing Summary: Attorney Peter Freeman requested to have Appeals Numbers 1997-.67,86 and fig heard together, however,the Board determined that the appeal of the Building Commissioner should be heard first to avoid confusion and that ,the out come of that appeal may negate'the need to proceed with the other requests for relief. Attorney Freeman Submitted photographs to the file. Attorney Freeman described the location of the area,which is a PRD-Professional Residential Zoning District- with numerous offices and apartment buildings. Attorney Freeman explained that the Merlesenas bought the property as a six unit apartment building. This is evidenced in the Purchase and Sales Agreement. In May 1985, Building Permit#27840 was issued. It states"add to multi family dwelling". Another Building Permit states, "add to 2nd floor apartment." These records show that the applicant was continually making improvements with all the proper permits in place and not trying to do anything"underhanded". There are five, two bedroom apartments,one 1-bedroom apartment and one studio apartment. The site is connected to town sewerage. The Board asked Attorney Freeman what records he has to show this was a legal seven-unit apartment building. Attorney Freeman stated that he has nothing explicitly from the Town that documents the six apartment units. He cited that the photographs stow a foundation was poured for an additional unit and doors to six units are clearly visible. He noted that the building permit indicates multi-family, the Purchase and Sales Agreement states six apartments, heating permits and inspections exist for seven gas furnaces and taxes are being assessed as multiple family units. The Board reminded Attorney Freeman that under Chapter 40A, Section 7,the statute of limitation applies when there is"proof'that the use is legal and permitted, and it is Mr. Freeman's obligation to prove the legal use. Public Comment; No one spoke in favor or in opposition to this appeal. Procedural Summary: Based upon the evidence presented, the Board proceeded with making flndings on the Appeal No. 1997-67. The first set of findings were negative and the Board made the decision to uphold the Building Commissioner. The Board then proceeded with the remaining two Appeal, Numbers 1997-88 and 69, During testimony on those appeals it became evident to the Board that Appeal Number 1997-61 should be reopened and revisited in light of new information presented. In accordance wlth MGL Chapter 40A, Section 14, a motion was duly made, seconded, and unanimously voted to re-open Appeal Number 1997-57 to allow the Board to review and reconsider their previous motion. Re,Opened Hearing Summary: John Merlesena testified that he and his brother bought the property in 1985 as a six unit apartment dwelling unit. They took pictures of the building showing the six entrances. He and his brother then added the"newer unit upstairs",followed later by"add(ingj on a new unit upstairs and addling]on the foundation that abuts the building, tore off the roof and added on a two bedroom apartment-" They secured permits for all the work done. They have seven furnaces and the Town inspected the units and never were they told that the units were not allowed. The Board asked the applicant for copies of any actual building permits. The Zoning Board of Appeals file only has copies of applications for building permits, but no copies of actual building permits themselves. The Board reviewed the fife from the Building Department, The Board discussed the application for a Building Permit dated March 18, 1956 and the application for a Building Permit dated April 23, 1985. Attached was a plan 2 i APR- 9-99 PRI ! 10 PI? BARNST.IP1 E, Pi ArININa, DEP" r:Y ' 1' �� 7�iJ 6288 P, h1 , i `Town of Barnstable-Zoning Board of Appeals-DeclSion and Notioe Meriesena Enterprises,inc.Appeal No 1107.67: Appeal of the Decfslon of the Oullaing Commissioner from the Engineer Edward K44sy showing the buildings fauatad#1 and#2 and#3 plus the proposed addition. Under that sketch is the"story list"for each unit_ Unit#1 has two story(633.3 sq.ft, and 748.9 sq.ft). Unit#2 has two stories(345.2 sq.ft. and 486.0 sq.ft). Unit#3 has two stories(1072.2 sq.ft and 1972,2 sq.ft.). These figures coincide with the total square footage listing on the sketch drawing. This plan was part of the application with a date*of 418l85. Q snows that there were three units per floor for a total of six separate units. Board Member Ron Jansson and Attorney Freeman stated they both are of the belief that this plan and the application are considered part of the permit, especially since it was attached to the permit. The Board further discussed this plan and the building permit applications. It appears the six units are pre- existing. A motion was duly made, seconded, and unanimously voted that,pursuant to Chapter 40A, Section 7,that the Zoning Board of Appeals annuj its previous negative findings and decision to uphold the Building Commissioner in Appeal Number 1997-67_ AYE: Gene Burman, Ron Jansson, Richard Boy, Emmett Glynn, and Chairman Gail Nightingale NAY: None Order: The previous decision that upheld the Building Commissioner is now annulled. The Board discussed the building permit that states"add two bedrooms"and questioned if it was for an apartment with two bedrooms and just two bedrooms within the original six units There was a discussion about the square footage of the apartments. The assessor's card from 1986,state"eight apartments". The Board concluded that it appears there are six legal units based on the plan from Edward Kelley. Findings of Fact: At the Hearing of June 11, 1997, the Board.unanimously found the following findings of fact as related to Appeal No. 1997-67: 1. The applicants are.appealing the Decision of the Building Commissioner dated March 19, 1997, under the terms of which he finds that'the building at 26 Cedar Street in Hyannis is a lawful four-family dwelling but is currently being used as a sever,-family dwelling." 2. The property in Issue is in the PRD Professional Residential District, 3. The petitioner's initially appealed for modifications to the structure located at 25 Cedar Street by virtue of building permit applications granted on March 17, 1985,April 16, 1985, and May 3, 1985, 4. Within the confines of one of these applications, there was a plan dated April 8, 1985 submitted by Edward E. Kelly with this application illustrating that the proposed use at that time consisted of six separate apartment units. 5. .Based upon the application,a building permit was issued to make the requested improvements at this site. 6. The application itself becomes part of the building permit and accordingly under Chapter 40A, Section 7, the six apartment units are protected because more than six years has elapsed since the issuance of the building permits. Before voting on the findings,there was a discussion. Discussion: There was a discussion as to whether or not the seventh unit is also legal. But since only six units have been established, the"use"of the seventh unit has not been established. The building permit application for this unit does not reference plumbing or electricity and therefore the Board can not determine if it was an independent unit. The Board is voting on whether or not the six units are legal, pre-existing non- conforming uses. APR- 9-99 FRI 1 ; 10 PM PARIuSTABiE, P AP�PiiNG, DEPi FAQ 1�4, FOQ 790 62$0 P. *Town of Barnstable•Zoning Board of Appeate.Decision and Notice y Mertesena Enterprises,Inc,Appeal No 1997-67: Appeal of tha Declsfon of the Building Commissioner Decision: Based upon the findings a motion was duly made and seconded to overrule the decision of the Building Commissioner in a letter dated March 19, 1997, The Vote was as follows: AYE; Gene Burman, Ron Jansson, Richard Boy, Emmett Glynn, and Chairman Gail Nightingale NAY, None Order; In Appeal Number 1997-87, the Beilding,Comitnlssioner has been overruled. There are six legal units. Appeals of this decision, if any.,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, wqo'n twenty(20)days after the date of the filing of this decision in the office of the Town Clerk, 1997 G I Nightingale, hairma Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the TowR Clerk, Signed and sealed this day,of 1997 under the pains and penalties of perju ry. Town of Barnstable l� L Planning Department Staff Report Merlesena Enterprises, Inc. Appeal No 1997-67: Appeal of the Decision of the Building Commissioner Appeal No. 1997-68: Special Permit pursuant to Section 4-4.2 Change From One Nonconforming Use to Another,and Section 3-2.1(3)(A) Renting of Rooms to 10 Lodgers. Appeal No. 1997-69: Variance to provisions of Section 3-2.1(J), Multi-Family Dwellings Apartments Date: June 05, 1997 To: Zoning Board of Appeals From: Approved By: Robert P. Schernig, Director Reviewed By: Art Traczyk Principal Planner Drafted By: Laura Harbottle, Associate Planner Applicant:.......................................Merlesena Enterprises, Inc. Property Address..........................25 Cedar Street, Hyannis, MA Assessor's Map/Parcel............... 327/197....Area..............0.49 ac..........Building Area.......5,528 sq.ft. Zoning: PRD Professional Residential District Groundwater Overlay....................GP Groundwater Protection Overlay District Background: The property is located at 25 Cedar Street, Hyannis, MA in a OR Professional Residential'Zoning District. According to the Assessor's Records, the two story structure has a gross floor area of 6,436 sq.ft. and contains 8 family units (Apartments). From that record, it also appears that the units are all one bedroom, one bathroom. According to the Assessor's Record, the structure was originally built some time around 1880. The present owners of the property, Merlesena Enterprises, Inc., purchased it in 1985 (Attachment Assessor's Card). Zoning Relief Requested: From materials submitted to the Zoning Board.of Appeal (Attachments-ZBA Application Forms and. submitted materials)the applicant has requested the following forms of relief: • Appeal No 1997-67: Appeal of the decision of the Building Commissioner dated March 19, 1997, in which the Commissioner ruled that the multi-family building on the premises is a lawful four(4)family dwelling and not a seven (7) unit dwelling. • Appeal No. 1997-68: Petitioned for a Special Permit pursuant to Section 4-4.2 Change From One Non-conforming Use to Another,to legitimize additions constructed by Building Permits in 1985/86 and the apartment use, and Section 3-2.1(3)(A) Renting of Rooms to 10 Lodgers. • Appeal No. 1997-69: .Appeal for a Variance to the provisions of Section 3-2.1(J), Multi-Family Dwellings (Apartments); specifically (a) Minimum Lot Area/Unit, (d) Minimum Front Yard Setback(e) Minimum Side and Rear Yard Setbacks and (f) Perimeter Green Space, to allow the seven existing apartment units to be legal under zoning. (Attachment-Section 3-2.1(J) Multi-Family Dwellings (Apartments)). The applicant has also requested Variance from Section 3-5.2(6)(C) Groundwater Protection Overlay District, Lot Coverage. Town of Barnstable-Planning Department-Staff Report Appeal No. 1997-67,68,69-Merlesena Enterprises,Inc. The Appeal of.the decision of the Building Commissioner was filed with the Zoning Board of Appeals within 30 days of the date of the issuance of the decision letter being appealed. The Board should note that the Variance requested is from the provisions of Section 3-2.1(J) Multi- Family Dwellings (Apartments), and not the use itself. The use, Multi-Family is a Principal Permitted Use in the PRD District and staff would suggest relief being requested does not constitute a Use Variance and would not be governed by Section 5-3.2 General Powers, which precludes the Board from acting on Use Variances within 300 feet of West Main Street. Plan Information Planning staff viewed the site of these appeals on Friday, April 25, 1997. That visit revealed that the plan initially presented with the applicant did have some discrepancy in it. Staff commended on May 6, 1997, that"... the applicant prepare a plan that more accurately reflects the conditions that exist on site." A revised site plan dated 4-24-97 was submitted to Site Plan Review and found approvable by the committee on June 05, 1997. Staff has incorporated the reviewed plan titled "Sketch Plan of Land in Hyannis, MA, for Merlesena Enterprises Inc." dated 2-21-90, revised 2-24-97, with this report to the Board. A discrepancy exists as to the number of Apartment Units in the building. The Assessors' Records indicate 8 units exist while that applicant has stated 7 units exist. The Board should request information on this discrepancy and the applicant should be prepare to address it. Some rough measured sketches of the layouts of the building identifying the location of the apartments within, size, number of bedrooms and area may be beneficial to the Board to determine the adequacy of the units. This interior layout plan would assist both the applicant and the Hyannis Fire Department in their review for safety, fire fighting and evacuation of the building. The applicant should be prepared to address fire safety concerns to the satisfaction of the Fire Department and to the Zoning Board of Appeals. Given the overall square footage of the structure, the apartments average 800 to 919 sq.ft. each depending upon the number of units within. From a planning perspective, that area is a generous amount for a one bedroom apartment, but is on the lower end for a two bedroom apartment. The Planning Department is striving to encourage year-round quality multi-family housing within the Town, assuring adequate living space, good light and air to the units, safety and security, convenient location, infrastructure services and energy efficient units. To that end, at the presentation to the Zoning Board of Appeals, the applicant should consider citing those feature of the structure that document quality units being rented and perhaps a general profile of the residents. Plan Comments and Information: Parking: Staff estimates the required parking for a 7 unit multi-family structure would be 11 spaces, and for an.8 unit multi-family structure would be 12 spaces. Dumpster: The dumpster is not screened and consideration should be given to some fencing around the dumpster (Town's standard request). Parking Lot Screening: There is no screening of the parking lot to the neighboring lot on the south nor to Cedar Street. Planning Staff would suggest that the applicant assure that no parking exist within the right of way of Cedar Street and that a landscape plan along Cedar Street that would strive to create an 8 to 10 foot green strip created along Cedar Street at the parking area for screening and to channel drainage from the lot away from the public str eet. 2 I Town of Barnstable-Planning Department-Staff Report Appeal No.1997-67,68,69-Merlesena Enterprises,Inc. The green strip would fulfill the intent of Section 3-2.1(J)(f), Perimeter Green Space that requires a 20 green space. Lot Coverage: This is a Groundwater Protection Overlay District that restricted impervious surfacing to no more than 50% of the lot area. This requirement(Section 3-5.2(6)(C) of the Zoning Ordinance) has been in effect in this area of town since 1985. The applicant has requested a Variance from this Section as related to the Lot Coverage restrictions based upon groundwater. The applicant should be prepared to document to the Board,the total lot coverage by impervious surfaces and the degree they varies (if any)from the requirements of Section 3-5.2(6)(C). Recent History: In December of 1984, the present applicant Merlesena Enterprises, Inc. executed a Purchase and Sales Agreement to purchase the locus in question. At that time, the P&S states the following description of the premises as"A 6-unit apartment building". That P& S was executed by a Deed dated and recorded March 1, 1995 in Book 4435, Page 089. Was any bank involved in this transaction- was there an attorney's opinion as to conformance with Zoning at the time? On March 18, 1985, an application was made to the Building Department to."Add Dormer", which subsequently has a"strike through" and the words"2nd story" scripted on. That application states "No Area Change", the approximate cost of work was estimated at$8,500. On March 17, 1985 (the day before the application is dated), Building Permit No. 27610 was issued to"Add Dormer". Also on March 18, 1985, an application was made to the Building Department to"Increase area in Second FI. Apt." The proposed increase was stated as 144 sq.ft., the approximate cost of work was estimated at $7,500. On April 16, 1985, Building Permit No. 27756 was issued to"add to 2nd Floor for Apartment". On April 23, 1985, an application was made to the Building Department to"add two bedrooms". It appears the addition was to be 336 sq.ft. in area, the approximate cost of work was estimated at$7,500. On May 3, 1985, Building Permit 27840 was granted to the locus to"add to multi-family dwelling". From the information supplied, it is clear that the structure had 6 units at the end of 1984 when the Merlesena Enterprises, Inc. took possession of the Building. Whether these were legal or illegal units has not been determined. Regardless of the status of legal or illegal units (the non-conforming status), relief was needed during all the Building Permits issued to the applicant except perhaps the addition of a Dormer, if in fact no space was added to the building. Multi family units provision of the Zoning Ordinance was amended in 1975 to provide for a larger lot area per apartment unit, changing from 1 unit per 2,500 sq.ft. to 1 unit per 5,000 sq.ft. The applicant should be prepared to present to the Board a detailed history of both the use and expansion of the structure on the lot. Staff would suggest attempting to date both the development and use to 1950, prior to the adoption of zoning. This history will be required and all supporting documents presented to the Board to establish any rights under Section 4-4, Non Conformities. Variance: In consideration for the Variance, the applicant must substantiate those conditions unique to this lot that justify the granting of the relief being sought. In granting of the Variance the Board must find that: • unique conditions exist that affect the locus but not the zoning district in which it is located, 3 Town of Barnstable-Planning Department-Staff Report Appeal No.1997-6.7,68,69-Merlesena Enterprises,Inc. • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and • the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Special Permit Findings: The standards for Granting a Special Permits require the following finding of facts to be made by the Board (Section 5-3.3(2)): • that the application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, (Special Permit pursuant to Section 4-4.2 Change From One Non-conforming Use to Another, and Section 3-2.1(3)(A) Renting of Rooms to 10 Lodgers.), • that a site plan has been reviewed and found approvable in accordance with Section 4-7 (The site plan was found approvable on June 05, 1997 by Site Plan Review Committee), and, • that after evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the zoning ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. Staff Recommendations: If the Board should find to grant relief in this instance it may wish to consider some of the following conditions and staff recommendation: If the applicant can prove a non-conforming status for the property, Staff would recommend that the Board not grant more than 6 apartment units. The applicant purchased a 6 unit building and the building permits to improve it never cited an expansion in the number of apartments. Those building permits that expand the area of the building in which a non-conforming use was in should have had zoning relief for expansion of the structure and use. 1. The number of total apartment units in this structure and locus shall not exceed Total Units . The composition of which Shall be Number of One Bedrooms one bedrooms and Number of Two Bedrooms two bedrooms. 2. The building shall not be expanded in footprint nor in total gross area without prior permission from the Zoning Board of Appeals. 3. The Dumpster shall be screened on all sides with fencing or vegetation. 4. The parking area shall be screened from Cedar Street by at minimum a 10 foot landscaped green space. 5. One Handicapped parking space shall be provided. 6. All recommended conditions of Site Plan Review. 7. The structure and site shall conform to all requirements of the Hyannis Fire Department and all code requirements of the Health and Building Divisions of the Town of Barnstable. 8. Conformance of the structure to the conditions enumerated here in shall be completed within in one year from the issuance of the relief. Attachment-Assessor's Card Attachment-ZBA Application Forms and Submitted Materials Attachment- Section 3-2.1(J)Multi-Family Dwellings(Apartments) 4 i Town of Barnstable-Planning Department-Staff Report Appeal No.1997-67,68,69-Merlesena Enterprises,Inc. 3-2.1 PR Professional Residential District 1). Principal Permitted Uses: The following uses are permitted in the PR District: A) Single-family,residential dwelling (detached). B) Two-family residential dwelling (detached). C) Professional Offices. D) Licensed real estate broker's office. E) Nursing home. F) Rest home. G) Medical/dental clinic. H) Pharmaceutical/therapeutic use. 1) Hospital (non-veterinarian). J) Multi-family dwellings (apartments), subject to the following conditions: a) The minimum lot area ratio shall be five thousand (5,000).square feet of lot area per each apartment unit for new multi-family structures and conversions of existing buildings. b) The maximum lot coverage shall be twenty per cent(20%) of the gross upland area of the lot or combination of lots. c) The maximum height of a multi-family dwelling shall not exceed three (3) stories or thirty-five (35)feet, whichever is lesser. d) The minimum front yard setback shall be fifty (50)feet or three (3) times the building height, whichever is greater. e) The minimum side and rear yard setbacks shall be not less than the height of the building. f) A perimeter green space of not less than twenty (20) feet in width shall be provided, such space to be planted and maintained as green area and to be broken only in a front yard by a driveway. g) Off-street parking shall be provided on-site at a ratio of one and one-half (1.5) spaces per each apartment unit and shall be located not less than thirty (30)feet from the base of the multi-family dwelling and be easily accessible from'a driveway on the site. h) No living units shall be constructed or used below ground level. i) The Zoning Board of Appeals may allow by Special Permit a maximum lot coverage of up to fifty per cent(50%) of the gross area of the lot or combination of lots. 2) Accessory Uses: The following uses are permitted as accessory uses in the PR District: A) Renting of rooms to not more than ten (10) persons by a family residing in the dwelling. 3) Conditional Uses: The following uses are permitted as conditional uses in the PR District, provided a Special Permit.is first obtained from the Zoning Board of Appeals subject to 5 Town of Barnstable-Planning Department-Staff Report ort Appeal No.1997-67,68,69-Merlesena Enterprises,Inc. the_provisions of'Section 5-3.3 herein and the specific standards for such conditional uses as required in this section: A) Renting of rooms to not more than ten (10) lodgers in one (1) multiple-unit dwelling. B) Public or private regulation golf courses subject to the provisions of Section 3- 1.1(3)(B) herein. . C) Family apartment subject to the provisions of Section 3-1.1(3)(D) herein. D) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use. 4) Special Permit Uses: (reserved for future use) 5) Bulk Regulations: ZONE MIN.LOT MIN.LOT MIN.LOT MINIMUM YARD MAX.BLDG. MAX.LOT AREA FRONTAGE WIDTH SETBACKS IN FT. HEIGHT COVERAGE SQ.FT. IN FT. IN FT. IN.FT. AS % OF FRONT SIDE REAR LOT AREA PR 7500 75 -- 20 7.5 7.5 30# 25 # Or two (2) stories, whichever is lesser, except that hospitals are exempt from height restrictions in the PR District 6 Ib8 � !?i•2 21Ac 1C 90its t, • �� 238 » 1S9 As I 404.0 A tj At L�1 l Soar- 162 156-1 155 134 as n ss.A •34fic 29AC ^ .#SAC 1 33 I .t 160 195 r I •tic • 40-C w oo A� a 169 168 cto 1T, fee, 3 im t9At 167 s 175 �eAe e 194 I1R 117s3AG a .394c 66. as ► 193 is At Deoc o 163 192 a Q,1 Opp 3 -s94c I 196 .36A 1T 18 j 171 16 00 9sAc i ! LSAC a 3�MC .aw 3 MOAC 191 k ftk w . 197 �TAC u 31 At NO • M.7 0 ° a r.t b� 189 = aim ft s r 161 tTAC 1 99 QAC, a 1.04�'r' s s 1 655 . AO •e • Ac 198 sq - lt STREET _ _ 0 0 .T9 w t tom, 87 Lo 0 1 lee 79r. Aoat 01) v T 4 j t e• i195 16 191 e as 90 C w 6 .50 n 104 V aN =1 �7 22AC LTNx/70LM C S t 'B8 Ise a 36X 183 9 rs-7 c'77 ,� �✓� IpA 1� Ii 1181 a T9 9 S t 7e ; e4.�.77t 1 O sA GO70 S IL 11. y Tr I AC lot o � y tits r,9 •`iA� I 171 '0Ac 141P� a� 't •� rbr- IT8 l 2•�N 32At• 41 ' a7Ac 202 33 114 K i6Ac 36 173 13AC • 'e A c A .4 S J84C All. 77s 9.10 ,. tit. .34,4c .'6ee /3203 A'ARs AS AC JsAc: 12 � �Z• „ 230 �� 210 go- sTR(Ft • 3. •:Ac 11 • I 39 AC ASAC u n a e. r Z Jo ?08 208 w ? 4 c ZS3 i MAC ?07 814C iyAC . 10 o .ts.� 228 . 212 014C 30ac seAc R _ E •r A2AC.3213 IX44C-s 213 2/7 4 • sIEA 01A:i Aft !Asc 6 7 l� 227 8 sob i e , 46 .34 se Ac 218 •T ?1 7A9 at s. e8 1, 9 � i•AC.. rAc i S•AE 1oAc • PARK l,A.,.6► *i � j4T Ao0 3 TR((T 21 AE. l9 °� `� mod)' 7 EArE C00 140s►7TAL I Q TOWN of BARNSTABLE zoning Board of Appeals Application for Other Powers Date Received For office use only: Town Clerk office r� ,,, , Appeal. # / 997-G 7 '97 ;;; 1 E r • 1 Searing Date G Decision Due The undersigned hereby applies to the Zoning Board of Appeals tor' the reasons indicated: c/a Applicant Name: ►jjZ 1 )E 3Q�a 'v� E'�� i SP s, Z'�c. , Phone ,S c$ 3G� - `/7oo Applicant Address: ��k 13 S ©Sfe��t ale, �-raq Oaf SS Property Location: This is a request for: TOWN OF BARNSTABLE BUILDING DEPT. [] Enforcement Action D APR 18 1997 [] Appeal of Administrative officials Decision C [] Repetitive Petitions [� Appeal from the Zoning Administrator [ ] other General Powers - Please specify: Please Provide the Following information (as applicable) : cep �e r�ee�a� Property Owner: YY1ems-�es�a Fn Phone 5 -36 " 2 Address of owner: 0 SoX -74• c>a.6SS'- If applicant differs from owner, state nature of Interest: Assessor's Hap/Parcel Number _ 1917 Zoning District of ��a�es�.a✓14y �e"T�¢` Groundwater overlay District G which sections) of the zoning ordinance and/or of HGL Chaptee 40A are you appealing to the zoning Board of Appeals? 3- a• 1 �' �r►►,,�� t'arw��W Existing Level of Development of the Property - Number of Buildings: Ohe. Present Use(s) : rj .�a �.�s , Gross Floor Area: _ sq. ft. Application for Other Powers Nature Description of Request: D ye�'rcl�.� �k Q Q�:td, a i1+-►�i r� '��^ ` ��l(� • f I'�vr r�i 7Y� 199'J See c�� ti ac�e,�'� the,-e �.f five- 4jvl+(* �aw►,'ly hu;l�,:. o �� ;fv is .A-Al SCL CI CI, un; �wtll�e y _ Q��tie�11 Gt 3 a 4b ��Q ��"`.'sts i-� 19�5 wJ!►�c�, ►veic )awl/5 Cd,�F.vc,�ea/ VWPL )'c 4A hi,� +4e Attached separate sheet .if needed. < eve.. Cq) ap9rFrr,v.,is L,,,O'r— »s.�, L. CL. ��, ¢ ? f V SC o F/,e �. 5 1 aj S is the property located in an Historic District? Yes [] No If yes OKH Use only: Plan Review Number Date Approved is the building a designated Historic Landmark? Yes [] No jI If yes Historic Preservation Department Use only Date Approved Has a building permit been applied for? Yes . [] No PI Has the Building Inspector refused a permit? Yes [j No p� Has the property been before Site Plan Review? glk^4(r• Yes [] No Q� For Building Department Use only: Not Required - single Family [] Site Plan Review Number Date Approved Signature: The following information must be. submitted with the application at the time of filing, failure to supply this may result in a denial of your request: Three (3) copies of the completed application form, each with original signatures. Three (3) copies of all attachments as may be required for standing before the Board and for clear understanding of your appeal. The applicant may submit any additional supporting documents to assist the Board in making its determination. ski. I- F.eq—q-, ,quo j /k�� Date: T,,e, Signature: Applicant or Agent's signature: (3ox' S'7S', 31f?0 tea:•► S�, Agent's Address: �a 0 2 6 3 o Phone: Fax No. Sa�� 6 'AN' The Town of Barnstable Department of Health, Safety and Environmental Services Building Division 367 Main Street, Hyanatis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 50$-790-6230 Building Commissioner, March 19, 1997 Merlesena Enterprises Inc. 70 Main Street Box 356 Hyannis, MA 02601 Dear Property Owner: I regret to inform you that your multi-family building at 25 Cedar Street in Hyannis is a lawfid four-family dwelling but is currently being used as a seven-family.dwelling. You must cease and desist the use of this building as anything other than a four-fancily building. You must take out a building permit to make this conversion within 30 days. You have the right to appeal this decision if'you so choose. We will be more than happy to assist you. Sincerely, Ralp . Crosser Building Commissioner RMC/lbn cc: Peter Freeman, Chairman Old King's Highway Historic District Commission g970319b TOWN OF BARNSTAHLS Zoning Hoard of Appeals Application for a Special Permit c Dater'Received For office use onl : Tow�Yclerk Office Appeal a� "r` ' •� c� Hearing Date G _ •�? i b P 1 Decision Due The undersigned hereby applies to the zoning Board of Appeals for a special Permit, in the manner and for the reasons hereinafter set forth: R Applicant Name: Lie,- I< cz-er , Phone So 3 6 '4�l op Applicant Address: f- o • 9ox Property Location: a, s' Property owner: SA., , Phone Address of Owner: 54•.,c Zf applicant dlffsrs from owner, state nature of interests Number of Years Owned: J�` Assessor•s Nap/Parcel Number: `r'r zoning District: Groundwater overlay District: !["!�'� C44ryQe i4r+ 0.1Q no�-CD✓1�VIAr/Ay �e )b Ail special Permit Requested: 3" a I C3� C�4� (Ze�ki-► o� ��+�� co lod r.� cite section & Ttt e of the Zoning Ordinance S-3.3 Description of Activity/Reason for Request: x s f r1 u t,'f A44-h-en �1�. Q�.•�1/!�q COmmiSS..np�+ > �2�Q/ C�a.�'til /IMai•oI. ��/_�99rf /�C�'e Co�S G AC4Z,J Sa4S '�Ic�T T�Q sf,`VCfV-f T 1 $ JGvV1`✓t OnI� LE, TV</� "�Oli+.. ��t C �j t lL L f I l ear`+ 7 y N tie/ �/ -y- 3 r s ( 0 /�O T rOO C+' V!/�y new/�.;7- ,4 e, k,;fk t3,.:W V41--45 !. , ;-, 19 3 5- Description of construction .Activity_ (if applicable) : 4 c>+ r,og !-f 8)" $6r i"► 19 IYS 6r Proposed Gross Floor Area to be Added: 39� s , Altered: t4(Y s• F t Existing Level of Development of the Property - -Number of Buildings: y h e- Present Use(s) : rl 6t e- Gross Floor Area: 5' S a sq. ft. Application for a Special Permit Is the property .located in an Historic District? Yes [ ] No [�J If yes ORH Use Only: Plan Review Number Date Approved Is the building a designated Historic Landmark? Yes [] NO If yes Historic Preservation Department Use Only: Date Approved Have you applied for a building permit? Yes [] No [� Has the Building Inspector refused a permit? Yes [] No All applications for a special Permit require an approved site Plan. That process must be successfully completed prior to submitting this application. to the Zoning Board of Appeals. For Building Department Use only: Not Required - Single Family [ ] Site Plan Review Number Date Approved Signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your request: Three (3) copies of the completed application form, each with original signatures. Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies and surrounding roadways and the location of the existing improvements on the land. Five (5) copies of a proposed site improvement plan, drawn by a certified professional and approved by the Site Plan Review Committee is required for all proposed development activities. This plan must show the exact location of all proposed improvements and alterations on the land and to structures. See "Contents of site Plan", Section 4-7.5 of the Zoning Ordinance, for detailed requirements. The applicant may submit any additional supporting documents to assist the Board in making its determination. 6. signature: r Date 17 - � � APP licant,s or Agents signature o . (3 0h S'7 3!86 Agent's Address: 4a�n)f"ct�lZ �"�� 6a63 o Phone SaV 3G,,'-- S' )00 Fx aY a No. S - 36-L V000 Lipman, Drummond & Freeman Attorneys at.Law 3180 Main Street Barnstable, Massachusetts Stephen 1. Lipman* Tel: (508) 362-4700 Mailing Address: Tucker Drummond Fax: (508) 362.8281 P.O. Box 578 Peter L. Freeman Barnstable,MA 02630.0578 May 5, 1997 BY FACSIMILE: 790-6288 Ms. Deborah Lavoie BARNSTABLE ZONING BOARD OF APPEALS Barnstable Town Hall 230 South Street Hyannis, MA 02601 Re: Merlesena Enterprises, Inc. 25 Cedar Street, Hyannis Application for Special Permit Filed April 18, 1997 Dear Ms. Lavoie: If the legal ad for the above referenced Application has not yet been written, can you add a By-Law Section to the part of the Application that asks "Special Permit Requested"? The Section to be added is: 4-4 .5 (2) - Expansion of Pre- Existing Nonconforming Use. Thank you. Very truly yours, PETER L. FREEMAN PLF:njm C:Mer—Cedr.ZBA "Also Admitted in Rhode Island and NeA fork Boston Office: 21 Custom House Street,Boston,MA 02110.3500 Telephone: (617) 261.7800- Fax (617) 261-7878 TOWN OF BARNSTABLEco _ Zoning Board of Appeals Application-to Petition for a variance :Date Received For office Use only: . .- Town Clerk of fice C�7 ; �i ;�i Appeal # :.�__ i .. i+ Hearing Date6/a/9 v Decision Due _T The undersigned hereby applies to. the Zoning Board of Appeals for a variance from the Zoning ordinance, in the manner and for the reasons hereinafter set forth: C10 Petitioner Name: fl lef^ 1eSe�a 1-rF ,- I sQs .l-rc Phone Sa?-36. -zt`?Oo Petitioner Address: u `30X 13 55' �te.�,'11�� n4 . 0a6 Property Location:--- S` C•edai Sf- • (4ti Property owner: Phone s9#I Address of owner: If petitioner differs from owner, state nature of interest: Number of Years owned: oZ Assessor's Map/Parcel Number: 3 2 Q 47 _ Zoning District: V R (,, F•e ss, o.*a f a21' dt^ Groundwater overlay District: 3- 2,. 1 Li- variance Re sted: 3-.2 , I C°`) " 1 F �a.-►;�.1 4(W1 t4', 3" ;;L 3 +ctte section & Title of the zoning ordinance Description of variance Requested: 11 s tbw -zone on-e 441 a-f one. a lf/ig �►+e-, f� e c/1 So oa sg --F� o f l o¢ aiea + ,'_R �f gnar f-% /edvcR ♦SQ gr'ee-, SlaaCA ?aft ol� /•o.. a� Sef Ac J Art � cave ag � -i�3 . 1 ahe • Description of the Reason and/or Need for the variance: -(•A e- I a,e a,.f Qre •Ct( �Sf� ''�, n1"can� �� ii '►1 I tr�, F1 !� (e$s` fa adal a�� C�ni} a�lc` a,Iof a,+ ¢-o a-.oF4e/ an,/ . dow sa In 1117r- /986 fi,!'A 11 1.%t e /So � Discription of. construction Activity .(if applicable) : �yi1,5 t c ,a,4 h,Ca S /� 0b+0l4'n{a( 13.f, [Al/ ey,.►',fLLf 1,41 2 •C�, f'Or' ! q ci /,r-,f0.(4J �a) �� l�owt� Aro�ar_�l�a� /J/ oCeJJ u�d 7v R C./�ci� fMP�7f7 �.✓�✓�✓ a f i ^ay.c;at! har�4jh�� Existing Level of Development of the Property - Number of Buildings: O`j•Q, Present Uses) : Gross Floor .Area: $ 57 a- sq.ft. ;-. 19 8Sl a6 ;,, flxr)'sG Proposed Gross Floor Area to be Added: '3 9 JL f c• f , Altered: (-I c.f J. ,= Is this property subject to- any other relief (Variance. or Special Permit) from the Zoning Board of Appeals? Yes [] No [ if Yes, please list a peal numbers or applicant's name Application to Petition for a Variance Is the property within a Historic District? Yes [ ] No Is the property a Designated Landmark? Yes [] No pg For Historic Department Use Only: Not Applicable . . . . . . . . . . . . . . . [ l OKH Plan Review Number Date Approved signature: Have you applied for a building permit? Yes [J No Has the Building Inspector refused a permit? Yes [] No p� All applications for a Variance which proposes a change in use, new construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved site Plan (see section 4- t process should be completed prior to That P zoning ordinance p 7.3 of the Z ) g submitting this application to the zoning Board of Appeals. For Building Department Use Only: Not Required [ ] site Plan Review Number Date Approved signature: The followings information must be submitted with the Petition at the time of filing, without such information the Board of Appeals may deny your request: Three (3) copies of the completed Application Form, each with original signatures. Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. All proposed development activities, except single and two-family housing development, will require five (5) copies of a proposed site improvements plan approved by the site Plan Review committee. This plan must show the exact location of all proposed improvements and . alterations on the land and to structures. See "Contents of site Plan:" section 4-7.5 of the zoning ordinance, for detail requirements. The petitioner may submit any additional supporting documents to assist the Board in making its determination. Signature: `/+u- � Date: Petitioner or Agent's Signature r.o, aox S78 , - 3180 /�1a � f�• Agent's Address: Gn_m>ta&A,, ",4• U A4 30 Phone: SDS ' 35J Fax No. S,>T?- U-1- 20% o f tot a4za 21,466 S 9 i4. 4,293 S :a Site Plan as submitted with application 2,764.2 ' po dare -_-8 7_A S 90 taL � L?.i. � eitence 631.8 c 13 Z►�� . f � 1� 43 97 Jad�Lit�ioaed 23 �K 39 � 41.91 n fort / 9'. lato&a9z apace. 7 ° P40po"d �-- 6' N `r ',mpi test o t I 21,L166 5 9 d-ew" derl . .line ,to � -dtAeetv �. q rZa (2 J £X.iit. ld C I flp ta. catch Sca& 1"-30 r ObamAd. Ja.te- 2-21-90 { /4 C i � M a N 1N I f C /14p� is rl - Cape £ i 49 Ra, bo- road l4gann i 4., 62. 02601 I I I 22 PaAki r, ace, 1t 21d—C -N--to.tat e•cec. 33t — 1 pole Ceda�t Stteet (gown) 40 wade Sketch Nan o$ .Cand in Rgan i4,, A"a. a z4; i.a ix,7 to,t •1 ad. 4{wwn on a ptan &Rco4ded -in book 224 page 37. t�{LNt Z;32490 ,AlasLl `maw f Assessor's map and lot number J/.` .•./...�.:...... .. Qyoi�Ncto` Sewage Permit number 1pli)�/3/�� t bW �� r/k.'C.. r Dl8l7TLLL t n rua House number ..�/ �. '.. .................. �Op a639• — �a NIL a' - TOWN :OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO . �•• ..5....................................... TYPEOF CONSTRUCTION .........J t-..y4.m e.............................................................................................. Y.-...2:3...........,9. 5 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to` the following Information. Location t a�.Jt1n/.: �../.Y......................... as..c�.d .>�.....s ........... . ,....... .................................. ProposedUse .......n ..............� � .................................................................................................0.......................... Zoning District f.w...F..'-...1Z. 5.............................Fire District .... .a ..h./.....5...............0.................... y� z .... ,. Name of Owne/l� P� E !k�..�-/Y/•�-� h/..�f f"n Address .....%3 ',�....... v..... ..�?Jti+!lV,t•S Name of BuilderVGlI.11L.�•tJ• R '�J� Y1Ct�(...:.......Address ./�......... .)..... �.... .•........Address �— Nameof Architect ..................S..t.�i.e..................... .................../.......................................:......................... Numberof Rooms ................... .........................................Foundation ...�'Q•�iaed.................................................. ExteriorG.datz......�l--J 1./k�..q.�.>~s...............................Roofing ... ... �-.... ........................................:........ Floors .L,. ..f L(��C........................................;...........Interior .......j..PM. P.L f...R................................................ Heating ........• ......................................Plumbing .......... .L( ....... ................................. Approximate Cost . Fireplace ��/......... 4 --• ' Definitive Plan Approved by Planning Board -----------__—_---------� Area ..... ••••••••• •• •••� Diagram of Lot and Building with Dimensions Fee ......... .......................... SUBJECT TO APPROVAL OF BOARD OF HEALTH I 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. �-7 Name ..[l�J.;l ...� r .s ..L..Cj.. ��.. " Construction Supervisor's License C).�...(..f./ `... WE, MUHAMMAD S. ABRAHANI and NARY E. ABRAHANI, Husband and Wife., 105.00 of 10 Washington Avenue, Hyannis, Barnstable Cuunty. Ma..achmseW. in consideration of ONE HUNDRED FORTY—NINE THOUSAND AND SEVEN HUNDRED FIFTY ($149,750.00) DOLLARS PAID . grant to MF,RLESRNA ENTERPRISES, INC. of 70 Main Street, Hyannis, Massachusetts with quitrie(nt ranruente ±boxk%d>ag a certain parcel of land, together with buildings thereon, situated in Barnstable (Hyannis') , Barnstable County, Massachusetts, bounded and described as follows: Southeasterly by Cedar Street, as shown on hereinafter mentioned plan, eighty-six and 94/100 (86.94) feet; Southerly by land of Virginia Bowen, as shown on said plan, one hundred seventy-,two and 10/100 (172.10) feet; Westerly by land of Raoul D. Ross et ux, as shownon said plan, a total distance of one hundred forty-one and 91/100 (141.91) feet; and Northeasterly by Lot 2, as shown on said plan, two hundred thirteen and 48/100 (213.48) feet. , Containing 21,456 square feet and being LOT 1 as shown on a plan entitled: "Plan of Land in Hyannis, Massachusetts for Loraine D. Marble August 28, 1968 Scale 1" = 40' .Thomas E. Kelley Surveyor, South Yarmouth, Mass. ," which plan is duly recorded with Barnstable County Registry of Deeds in Book 224, .Page 37. For title see deed of Paul T. Ford, Trustee, dated October 5, 1983, recorded in Barnstable County Registry of Deeds Book 3887 Page 2.52. Ts �n1N v�" BooK44:b rx[; 089 Executed as a sealed instrument this �iY ,, day of 1 (� 1985 �%l llzatz amma rara an/x- 1<a Y�U I-kUr�lrairi ('ahe(�ommonwezzlf�of�Ditt�ttchusei�c Barnstable SS. l�l 19 85 Then personally appeared the above named Muhammad S. Abrahani and Mary E. Abrahani and acknowledged the Foregoing instrument to be their free act and �ed,, /) Before me, Notary Public—jft tt--#44e-Pe— Aly commission expires hLUUII CEO HAR 1 L 3 Merlesena Enterprises, Inc. 27840 add to multi- - No................. Permit for .................................... family dwelling ^ ....................................................... 25 Cedar Street Location ................................................:............... - Hyannis ........................................................ Merlesena Enterprises _ Owner .................................................................. _ - frame Type of Construction .......................................... .............................................................................. PlotLot ................................ Permit Granted ............Ma. 3 19 85 - Date of Insp ion .......ti. r.�.7................T9�G I Date'Completed- Z�....:19 1 , (... � � •{ , .�. .. ! ,_•;..! i is : . ; .!. } ' L..' ,.t. �o : : . I' T1 � f �. . T- l - --- : - ! L i. _Q122�ti.l _. ..; _! t f .T';{-t } :O > ' © i EXlS,t T1^, L4.3 '�'" Bld Nrj ,..� . lit- 61 ot ... . ; { T ;€nd.` stir � All Cad Eri ineerin 40, H?rb r Roa.d i.yannis; Ma: -02601 j _r., T. ' Z•}O .L.i ! � � ! _ '.�. f _ nd atory ' .; '' l :_ : , :.2. . , r ; : !' ' 7 ' � ,. L �r 6CALEj 1" 40' 1.., ... 33 .3.... 34 072 i.;..l r: t_ :,.; r ; 1 ! • ~ i t � i. 0 .2 -i 746.9 486:0' ib72 . .` ,. _.;. , . 1. �..�'. t:�.. Tota193$0.2 - $20.2 2144. 5 r '4350.9 �'�Su»1i �lu t�:H.:s _..._ , 25 of': 21,466_" � 5367. ,.: - -- .: T ,., ,. ._. .:E - jDif. enc 1016 s f4 PL DT . FLA4 .j 1 1 ' ' ! t r I I ' � • I ' : . . , rein; Yb , as, "5h0 on :a• -T ie �adi-fii -s �Qtm ori'rhi ,- ' ,. :� ed_:i.n.:.I3�arnstahle _ ��T; - D' eds d ci ._�,n tk� " round �5 shoS>;n th reon nd - hit - it :. ._ �. ,U,.. 2... • 21 ; . Co:l.f0 ms to,.the zonin m_��n . b f.ldin . ..l vrs: of.: , . . the., T . >47st .;�1 e' Wh n: omptrr i. to i..apd. to the- : restric ons, ok1 re,.,(. rd, r , -\, �1C ��7P� ' ! i.. .1_ 1,1_ 1' O finerg!2 ' ' i - •i , `b,f,a►i,� Tless a° Ln�:er��ris`s., Inc.! • _. ,. I �CI �-ytr -,! n S�;"-I�.3ss. eP601 :-t i ' � 4 i MEET pcFrtn Frnr A=327-197 - No .....27.7.5.6 Permit for add...to...2nd......... _ floor..fo;E...apartment.............................. _ Location ............... S...Cgda ... . ee ......... - .............HXaanis................. .......................... - - Owner ...................Me .lesena..Eat........... TYpp�of Construction .....................frame......... - - ... .....................:............................................... Plo ... Lot :..... - •_ . . s `Pe Gran�ted . .98 d5 Da .....19 ecti ,..., . C Completed .................. ......19 r - . i -T �-{ j- - .-�- -'...i.i i ' C + f nd• i t. • i — _ "V , , 7 �—� { "Y - . L + Ti , tj t!_�.. t'�X15t{T 21�,'; Z4:3..{.... pro _ . ; N As — — 00 QO t ' I na i H'. V Lot l -F a -. - I, _ All C� = Airier nn _. _ i...!�_. .! .� r•; .. i 1. , I : .: i _ .1. , Ut1itunit _ I t ALE! 111 r 3 . . dotal LAN SC � -40 . - � r - �- •- - �.. - - t b33.3 340 z late- tp/8/85 204 - ` . �/1�/� 107z.2 5. 1 Rev. 5 y . _ r25 of: 11 456' a; ' I '. 53`�7: T rf 1 _ I , _ _ .Diffgrence 3 2�1'35f , �- .. . YL6 FLAN asi 'shown on'a i T�g planr:�:crsieci._iin. B;arristabls st Deeds 3ook '2zpn; rpon -ante hat it' Datod $/z;8/G$:� -ilding _lays 37' ted; and.' ! � , -' ,-+- p .-th is b g f a re ord. t GYM e -- -1- -�Y r+ -�- y� ,.- .cr�, ,. t rneri.rises , Inc.' i ;7p: l lai' ,�tre et *jtt .Kr�� Bass.. 0��U1 - ti -r- • I ttit - i- _i , .,.j t _ r t I � ` i " Ass-33sor's map and lot number ...... .........4......:........ L TW f Sewage Permit number .................................... CK (7-1-)1 DARISTAX House number ..........*-- .... NASL . ...... ... ..................................... t639 M TOWN OF BARNSTABLE BUILDING INSPECTOR - APPLICATION'FOR PERMIT TO .......t4 PR........ .... . ............................. ....................... .............TYPE OF CONSTRUCTION .............................................................................................. ...... ..........iqt;� ..................... TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ....t��.......(fawlilt........ . ................................................................................................... Proposed Use .......'4P..ym.7.- ........ ............................................................... Zoning District ...12 ..............:.............:..................Fire District .................................... cc Name of Owner ..... Name of Builder4Th-.-.;L1.. ...........Address Name of Architect ...................................................................Address ......................... XL Numberof Rooms ..................................................................Foundation .....1A......................................... Exterior ....... ...........................................Roofing ....!!�tlrl ......... !.7........................... Floors C-Oxf...e..7.............Interior ..... .................................... Heating ..... ......................................Plumbing .... ......................................... Fireploee .............. .......................................................Approximate Cost ............................................ Definitive Plan Approved by Planning Board 9 Area Diagram of Lot and Building with Dimensions Fee ...... ........................ SUBJECT TO APPROVAL OF BOARD OF HEALTH 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. 0 441-L-t— ....................[ Name ............................................ Construction Supervisor's License NJE1UMEta ENTERPRISES No ...2.?6].Q... Permit for .A?.. ............ . .........AP.a�tmen ..$4l?�1S zig.............................. - J Location ...2.r... ..Sit...............:............. Montag...................... - Owner .....N=.1e4 ..Bate 1zeS...........:.... Types YP Construction ....."r ......:..... - .... ................................ . .... ........ Plot ...............t Lot . .. . ........ Per ranted c?..17C...............J-9 85 .. ....�..... io r.......a.t......:.............19 ?.; Dot Inspect Dot ompleted .............».,. ........19 1, ............. .......... ....... MUST ..:... Sewage Permit number. ..................................... .�'� House number .... orue .................................. �o rsr►�� TOWN OF BARNSTABLE BUILDING INSPECTOR La��. .ea.s.�...:...9�...' Se �.....l�....... APPLICATION FOR PERMIT TO -FA.....�y....... TYPEOF CONSTRUCTION .........�2.!..:!.!..... ................................................................................................... .............3....../.f............. ' TO THE INSPECTOR OF BUILDINGS: i The undersigned hereby applies for apeerrmit according to the fallowing.jnformation: Location ......9.5.....(,,fs.(1�-.A.......7 e.p.............. ......................................................................:..... Proposed Use ..r'..�, �. , Y. .f- C �,/! Zoning District .......1.....J ...P...........:.....:...........-../..—............Fire District ....... .,k.! 1 �. ................................ Name of Owner Gl /G.. � 1�N1... t !t.��2� I S t S 7.. ✓1....:..- ,.............................. .!�'�� {.... p Address ............�jQ....-/ ,.[�. J' Name of Builder. ..'�l/ . ./ ...� .G l lc G.!l ....Address a7...S LL A 122.....t .......5/.../� T�f Nameof Architect .............................................. ...............Address ...........cc........................... ....:................................... Numberof Rooms ..................q..........................................Foundation ...G....................................................................... Exlerior .......... ............................................Roofing .....q. .c� ...1....................... .......... Floors /!1!i?11 .-. .� .�.d.1....✓.I........Interior ..../.erz.......! C.11:....................................... Heating ��Cr✓ l�.r ......Plumbing ..tY.J�S4, ..YI........ ...... Fireplace .............. .........................................................Approximate Cost f.7Aa1...........................................Iep Definitive Plan Approved by Planning Board 19-- Area �../.... .... ..... ../--t Diagram of lot and Building with Dimensions Fee .... SUBJECT TO APPROVAL OF BOARD OF HEALTH 0 i 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. Na ..... ................................. Construction Supervisor's Licenseal.. .. .. 1. i `> rrom xnu viiiuv vi. STANDARD FORM MERLESENA REALTY, CORP. PURCHASE AND SALE AGREEMENT 70 Main Street . Hyannis,MA 02601 This fifth ' day of Deceriber 19 84 1. PARTIES ',uhanmid S. and :"ary T. Abrahani (fill In) hereinafter called the SELLER,agrees to SELL and Nerlesena Enterprises , Inc . or their ncraneec 70 rain St . , Hyannis, t:A 02601 hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth,the following described premises: 2. DESCRIPTION A 6—unit aparti.:ent buildinL located on approxi;::�.tely . 49 (flllinandlnclude acres at 25 Cedar St . , H ►annis, NA 02601, be{no .Lot 11 as dtiemtmnce) rare fully described in rock 23,61 Par-e 114 at the L-arnstable County Ite�istr;► of Deeds. 3. BUILDINGS, Included in the sale as a part of sold premises are the buildings,structures,and improvements now thereon, STRUCTURES, and the fixtures belonging to the SELLER and used in connection therewith including, if any, all venetian . IMPROVEMENTS, blinds, window shades, screens, screen doors, storm windows and doors, awnings, shutters, furnaces, FIXTURES heaters, heating equipment, stoves, ranges, oil and gas burner and fixtures appurtenant thereto,hot water heaters, plumbing and bathroom fixtures, electric and other lighting fixtures, mantels, outside television (fill in ordeleto) antennas,fences, gates,trees,shrubs,plants,and,if built in,air conditioning equipment,ventilators,garbage disposers,dishwashers,washing machines and driers;and re fl''i . G: +tit-excluding 4. TITLE DEED Said premises are to.be conveyed by a good and sufficient Quitclair'. deed running to (fill1") the BUYER, or to the nominee designated by the BUYER by written notice to the SELLER at least seven 'Include hero by spec/fic days before the deed is to be delivered as herein provided, and said deed shall reference any restric- convey a good and clear record and marketable title thereto,free from encumbrances,except dons,asrsments,rights (a) Provisions of existing building and zoning laws; and obligations in party (b) Existing rights and obligations in party wells which are not the subject of written agreement;' writs not Included In(b), 10 Such taxes for the then current year as are not due and payable on the date of the delivery of such leaser,munkipol and deed; other liens,odwoncum- (d) Any liens for municipal betterments assessed after the date of this agreement; brawn,and make pro. *(e)Tenants ' ri-:hts Pursuant to Cxistin: 1( &Ser .. vision to protect SELLER against BUYERS broach of SELLERS covenants In loam, where necsrsary. 5. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration. 6. REGISTERED In addition to the foregoing,if the title to said premises is registered,said deed shall be in form sufficient to TITLE entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said deed all instruments,If any,necessary to enable the BUYER to obtain such Certificate of Title. 7. PURCHASE PRICE The agreed purchase price for said premises is one Lundred 1 crt;;—nine t:.ouSand (fill In),4weIs seven hundred fifty - and no/100 dollars, of which allowed to write out the amounts $ have been paid as a deposit this day and H deslred S 143p250. 00 are to be paid at the time of.delivery of the deed in cash,or by certified, (provide for pay. cashier's,treasurer's or bank check. mont by certified o+enkaChock S 6,500. C0 representinlFe�L 'Pie�`e�titi LEo�ecLr� lu;�eitl s S LLEAotothe,ff = 149,750.00 TOTAL neriom,Pnee under para. 22 a.nd as required) credit against purchaSe COP rRIONT O 197a.1904 All r4hts rwrwd.This form may not be eoPled or fW0,11u6ed IN a GREATER BOSTON REAL ESTATE BOARD whole or In Oast In MY manner whatsoever without the OrW ex re • os written Consent of the Greeter Boston Real Estate Bond. t#ii�S 0. . TIME FOR Such deed is to be delivered at 10: 00 o'clock A. M. on the 1-St d$y of PERFORMANCE; 4rc>> 19P.5 ,atthe I:nrnntaUle _Cunty DELIVERY OF DEED(fillInJ Registry of Deeds, unless otherwise agreed upon in writing. It is agreed that time is of the essence of this agreement. 9. POSSESSION and Full possession of said premises free of all tenants and occupants, except as herein provided, is to be CONDITION of delivered at the time of the delivery of the deed,said premises to be then(a) in the same condition as they PREMISES. now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and zoning (attach a list of laws, and 1c) in compliance with the provisions of any instrument referred to in clause 4 hereof. The exceptions,If any) BUYER shall be entitled to an inspection of said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause. 10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance,or to deliver possession of the premises, PERFECT TITLE all as herein.stipulated, or if at the time of the delivery of the deed the premises do not conform with the OR MAKE provisions hereof,then any payments made under this agreement shall be refunded and all other obligations PREMISES of the parties hereto shall cease and this agreement shall be void and without recourse to the parties hereto, CONFORM unless the SELLER elects to use reasonable efforts to remove any defects in title,or to deliver possession as (Change period of provided herein, or to make the said promises conform to the provisions hereof, as the case may be, in . t1me If desired). which event the SELLER shall give written notice thereof to the. BUYER at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty days. 11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, PERFECT TITLE deliver possession, or make the premises conform,as the case may be,all as herein agreed,or if at any time OR MAKE during the period of this agreement or any extension thereof, the holder of a mortgage on said premises PREMISES shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then,at the BUYER'S CONFORM,etc, option, any payments made under this agreement shall be forthwith refunded.and all other obligations of all parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12. BUYER'S The BUYER shall have the election, at either the original or any extended time for performance,to accept ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefor the ACCEPT TITLE purchase price without deduction, In which use the SELLER shall convey such title, except that in the event of such conveyance in accord with-the provisions of this clause, if the said premises shall have been damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has previously restored the premises to their former condition,either (a) pay over or assign to the BUYER,on delivery of the deed,all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any partial restoration,or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the sold premises to their former condition or to be so paid over or assigned, give to the BUYER a credit against the purchase price, on delivery of the deed, equal to said amounts to recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. .13. ACCEPTANCE The acceptance of a deed by the BUYER-or his nominee as the case may be, shall be deemed to be a full OF DEED performance and discharge of every agreement and obligation herein contained or expressed,except such as are,by the terms hereof,to be performed after the delivery of said deed. 14. • USE OF To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery ' PURCHASE of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or MONEY TO interests, provided that all instruments to procured are recorded simultaneously with the delivery of said CLEAR TITLE deed. 15. INSURANCE Until the delivery of the deed, the SELLER shall maintain insurance on said premises as follows: /mart amount T of Insurance E (Htt ddltiona/ Type Amount of Coverage types of/nsvronce 1a) Fire $ At. at d amounts as (b) Extended coverage • ap wd) (c) 16. ASSIGNMENT OF Unless otherwise notified in writing by the BUYER at least seven days before the INSURANCE time for delivery of the d "LEch ng so by the refusal of the insurance com- (delete entire clause pany(s) involved to issue the Insurance and deliver binders therefor in If insurance is not proper form to the BUYER a s agreement. In the event of refusal by the to be aalpned) insurance company(s) to issw notice thereof to the BUYER at least two business days before the time for performance of this agreement. r ,17. . ADJUSTMENTS Collette-' rents, mortgage interest, prepaid premiums on i^surance If assigned as herein provided,water and (list operating ex- sewer i" harges, operating expenses(if any) according he schedule attached hereto or set forth.below, penes,If any,or and taxes for the then current year, shall be apportioned and fuel"value shall.be adjusted,as of the day of amoch schedule) performance of this agreement and the net amount thereof shall be added to or deducted from,as the case may be,the purchase price payable by the BUYER at the time of delivery of the .: deed. Uncollected rents for the current rental period shall be apportioned if and when collected by either party. 18. ADJUSTMENT If the amount of said taxes is not known at the time of the delivery,of the deed,they shall be apportioned OF UNASSESSED on the basis of the taxes assessed for the preceding year,with a reapportionment as soon as the new tax rate AND and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced ABATED TAXES by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the parties, provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 19. BROKER'S FEE A broker's fee for professional services of (fill in fee whh is due from the SELLER to dollar amount or . e Br also nameof Bro DELETE name of ker(a)1 the Broker(s) .herein, but if the SELLER pursuant to the terms of clause 22 hereof retains the deposits made hereunder by the BUYER, said Broker(s) shall be entitled to receive from the SELLER an amount equal to one-half the amount so retained or an amount equal to the broker's.fee for professional services according to this contract,whichever is the lesser. 20. BROKER'S) The Broker(s)named herein Me:le:cna RK:aity Ccrr . WARRANTY warrant(:) that he(they) is(are)duly licensed as such by the Commonwealth of Massachusetts. (fill In name) 21. DEPOSIT All deposits made hereunder shall be held by the broker(s) (fill In,or delete subject to the terms of this agree I b for at the time for performance of this reference to agreement, provided however.tha of is 15R. t the brokers)may retain said deposits broker(s)If pending instructions mutually giv t SELLER holds deposit) . 22. BUYER'S If the BUYER shall fail to fulfill the BUYER'S agreements herein, all deposits made hereunder by the DEFAULT; BUYER shall be retained by the SELLER as liquidated damages unless within thirty days after the time for DAMAGES performance of this agreement or any extension hereof, the SELLER otherwise notifies the BUYER in writing. 23. SALE OF The BUYER agrees to buy from the SELLER the articles of personal property enumerated on the attached PERSONAL list for the price of $ d ees to deliver to the BUYER upon PROPERTY delivery of the deed hereunder, a w raE1WW1ZET*afcEn'e lment of said price.The provisions of (fill In and attach this clause shall constitute an agre� provisions herein contained with list or delete respect to.the real estate, and any breach of the terms and conditions of this clause shall have no effect on entire clause) the provisions of this agreement with respect to the real estate. 24. RELEASE BY The SELLER'S spouse hereby agraes to join in said deed and to release and convey all statutory and other" HUSBAND OR rights and interests in said premises. WIFE 25. BROKER AS The broker(:) named herein, join(s) in this agreement and become(s) a party hereto, in so far as any PARTY provisions of this agreement expressly apply to him (them), and to any amendments or modifications of such provisions to which he(they) agrees) in writing. 26. LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the TRUSTEE, principal.or the estate represented shall be bound, and neither the SELLER or BUYER so executing,nor SHAREHOLDER, any shareholder or beneficiary of any tent;shall be personally liable for any obligation,express or implied, BENEFICIARY,etc. hereunder. 27. WARRANTIES The BUYER acknowledges that the BUYER has not been Influenced to enter into this transaction nor has AND REPRE. he relied upon any warranties or representations not set forth.or incorporated in this agreement or pre- SENTATIONS viously made in writing,except for the following additional warranties and representations, if any,made by (fill Inh If none, either the SELLER or the Broker(s): state "none".If any lbted,Indicate .:on c by vAom arch war ranty orrepresen- tetion was made i 28: CONSTRUCTION This instrument,executed in triplicate' is to be construed as a Massachusetts contract,is OF AGREEMENT to take effect as a sealed instrument,sets forth the entire contract between the parties,is binding upon and 'delete"triplicate" enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, and substitute successors and assigns, and may be cancelled, modified or amended only by a written instrument executed "quadrupicote"" by both the.SELLER and the BUYER. If two or more persons are named herein as BUYER their oblige.- !/required. tions hereunder shall be Joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 29. LEAD PAINT. The parties acknowledge t sea never a child or children under six years of age LAW resides in any residential p m ich pa t, er or other accessible material contains danger- ous levels of .lead, the ow s e or cover said paint,plaster or other material so as to make it iiinaccessible to c ildren un er six years of age. 30. ADDITIONAL The initialed riders,if any,attached hereto,are incorporated herein by reference. PROVISIONS A. After date of this Agrcer&:ent, Seller airees not to execute new leases for terms later than ;arch 1, 1985 ttithout Buyer's written approval thereof. SE R (espouse►. ER R John P. ;' r lesena BUYER Faul Y. i;erlese,iu •.erlesena Realty Corp.. Broker(s) EXTENSION Date The time for the performance of the foregoing agreement is extended until o'clock u.on t day of 19_, time still.being of the essence of this agreement as extended. In all other respects,this agreement is hereby ratified and confirmed. This extension,executed in triplicate, is intended to take effect as a sealed instrument. SELLER (or spouse) SELLER BUYER BUYER Broker(s) Lavoie Debbra From: Lavoie Debbra To: Barry Lois Subject: Merlesena Date: Friday, June 06, 1997 11:55AM Lois, I understand that Merselena was approved with some conditions at SPR on Thursday, June 5th. They are going before the Board this Wednesday. Could I have a copy of the minutes and the "official letter"from Ralph before the meeting. Thanks, Debbie Page 1 6i O n 14 rU r• rt_ro w ro X) O a 7d b w t I--' E N go' W ` - rn " En 1-C rt � rt rr rn rt rt o o (D o NA CN CN Zu _JD 7V/E a n.C 1 q a t� L� C �i. �j`�•1-� _ ('� p_\l�j„ lam' � _ _.`J_J`-— _ l` — 1� � �fV2 ='C7 .ems .�•rv°_i"'➢ � ;. �' � `~ �� `—.rjL __ ._ —_ __—. �� rQr ja•` -- _ ..mac-• W . N � i •• .- - N -- V - i ' z 1 3 48 anoaS Art 3D o, e S� a • - e TOWN OF BARNSTABLE. 4 Board of A sale Ionia 0 V D J PP Application for other Powers/`�Up ®�s ors- , [9 _ r M Date Received ' Foroffic,eu er�onl Town Clerk office v AppealP . '97 AR 18 [12 .51 searing t�Da. a, Decision Due The undersigned hereby applies to the Zoning Board of Appeals for the reasons indicated: Applicant Name: ✓}'Ie Je 34 n aO- h e��i�'sP s Z'.,c- , Phone Applicant Address: �' � . G,,k 1�S ©SFe�„tue , rn� 0a6SS' Property Location: r, /"A "This is a request for: 'TOWN OF MSTAM BUILDING DEPT. [ Enforcement Action D APR 18 1997. (] Appeal of Administrative officials Decision E C p V E [ ] Repetitive Petitions [+}� Appeal from the Zoning Administrator [] other General Powers - Please specify: Please Provide the Following Information (as applicable) : Property owner: We,- Phone S"&g 36 a- 0 o 0 Address of owner: 0 fox 11 S O SFer, Ner �'T/{• ��-6S� If applicant differs from owner, state nature of interest: Assessor's Hap/Parcel Number Zoning District Groundwater overlay District which section(s) of the zoning ordinance and/or of MGL,Chapte ' 40A are you appealing to the Zoning Board of Appeals? 3 t'arw�1 y yn-lJ L. c4. ya 4 + 7 8 Existing Laval of Development of the Property - Number of Buildings: 04(, " ft. Present Use s : �.�5 , Gross Floor Area: sq. l 4 Application for Other Powers Nature & Description of Request: �D Over•-f Lfe-.,j 4AQ 's le • /�� I'�ayr/, ►l I Y9r1 (See C-,C4 A*,Aea') oll e-e e--1 AR ry(Rd +4",f- t42 "y14 01 SK-Cl cl) un/1; 4Jwt11� ' _ Q e� aS Q �?r'-f, Kr;S�"1.'7c1 »o '►- Cvn'l-oi•�.ic�0 US'C a� b2Cayfe: D'f-' •��Q )SS�a�c� e`� �/ ��c�4 thQ PrQ.,.;sts i 1925 wJl. 'c4 were luwTvlly ee,��.vc{ea/ 411-) �,�,{Q�t,N� .++e Attached separate sheet if needed. lye (>�e'Y':StJ aj S�Ven cl) L""Vr— .-+-t.41. L. 4&, v' 17' Is the property located in an Historic District? Yes [] No ,Qd rf yes ORH use only: Plan Review Number Date Approved Is the building a designated Historic Landmark? , Yes [] No pJ If yes Historic Preservation Department use Only: Date Approved Has a building permit been applied for? Yes . [] No Pi Has the Building Inspector refused a permit? Yes [] No M Has the property been before Site Plan Review? ��^� Yes [] No PO For Building Department use only, Not Required - Single Family [l Site Plan Review Number Date Approved signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your request: Three (3) copies of the completed application form, each with original signatures. Three (3) copies of all attachments as may be required for standing before the Board and for clear understanding of your appeal. The applicant may submit any additional supporting documents to assist the Board in making its determination. . signature: Date: Ari 9 I Applicant or Agents Signature: IWO 4- Agent is Address: ��,..�� a'�/X -"'°�' d 1 G u Phone: Fax No. �a�- 8' ce For Public Hearing The following are the most recent names, mailing addresses and corresponding Assessor's Map' & Parcel Numbers of the abutting property owners, the owners of land directly opposite on any public or private street or way, and all abutters to the abutters within three hundred (300) feet of the property lines of the subject property. Assessor's Map & Parcel Number Owner's Name Address * N O T I C E Upon submission of application, it is required that all facts and documentation necessary to support the relief being sought be presented by the applicant. The failure of which may result in the denial of the application at the scheduled hearing. 25 Cedar Street, Hyannis, MR ABUTTER'S LIST The Abutters located within 300 ' are as follows: (See attached Sheets for owner' s names and addresses highlighted in yellow) . MAP 327 Lot: 182 183 185 186 187 190 190 (OOA through -00O, inclusive) 191 . 192 193 194 195 196 198 199 199 (OOA) 200 201 202 203 204 205 MAP 328 Lot: 163 164 171 177 178 179 180 181 184 184 (OOA through OOD, inclusive) MAP 342 Lot: 16 17 19 20 21 22 23 (OOA through OOP, inclusive) 25 26 33 C:Ner-CBDR.ZBA ..._... .-T-:C�.�.v rr-Y_...w_r_[.�_- -••_-.r.. ._.�.:M{_ .. ... �._v M.r -- _ .... .• ... ....r r_:.. +.r..+.�_ .rw: .r.. w_r.i-_..+ ... •: .j.. .t .. ! 886�H Z£S AVM 3 IAk31N3: kl_3 KN3-e •NTEC1�..._a~_bl. 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VILLAGE Rca:TY TRUST'-'" HYANNIS MA" 2531 MY 927 / OY-UNIT-2"- -- - a 34• a, 342 023 07C MERLES_NA• JOiN P TRUSTEE P •3 BOX 721 / 3ARNST43L= MA 25 3 MY 3881/ 299 UNIT 3 )uL34• a 342 023 330 MERLES_VA• -ROSARIA M Tit VILLAGE 'REA-TY TRJST ,{ a YAN4IS MA 2- 1 MY 9273/ 301 UNIT 4 w 34• a" 342 023 DOE sreLDIVSER, ROBERT J TRS STE29IN3°R FAMILY TRUST. - ' AKEVILL= M4 2345 MY 6814/ 93 UNIT 5 ' a. 34 u� 342 023 07F 4ERLSS=VAi J09M P TRUSTEE P 3 3OX 35S HYANNIS' - "' MA 2S31 HY 5881/ 399- UNIT- 6 -`--- • 34 i a 342 023 03G MER:ESEVAi JOHN P TRUSTEE P O 30X 56 MYANVIS NA 3571 HY 5881/ 299 UNIT 7 - )n� 34 ` a 342 .023 03H MER_ES_VA• J34N P. TRUSTEE P O 30X 21 - a 342 023 03I IERLES24A• ROSAR14 y TR -- VILLAGE REALTY TRUST- - - - 2 aARN5TA3L_ !1A 22563 HY 398 / 99' UNIT 8 3G a , '542 '023 33J y=_RLESm4Ai- R35ARIA M'TR VILLAGE REALTY TRJST - HYANKIS-- -' MA- 2531' MY'1 HY 9273l- 304--UNIT! - sao`34 a. 342 02 3 K SESVER.• C VALERIE ..- - 70 "IAIY. ST gg 3 ]] HYANNIS MA 2501 NY 3639 3 f••• _ so 342 023 77L 'lCMANJSr JOiN J EST OF XFLE_T BANK Of MA SPRINGFIELD MA 1101 HY P0030 EP1'' UNIT 12 �n['34 s,L 342 323 0 M SMITH•' THOMAS C A VORA MANOR (I:3RI)GE -- '__.__. .._-._.__. RELAND -- - - -- - 7 MY 82211 311- UNIT 13-- _- n 34. P2RR34. EDWARD R S CAROL' R'---•' 111' SNORE COURT APT 317-C'"'--'" m PALM 3EACM- - -' M 33405" HY 3731Y 173-UyIT- 1 G �s, 34- UNIT 342 023 Oc00'AERLESEVA R-LTY' CORE ""' - MERLESENA� a . X/J a/P J 2 +�T ' s< 342 023 37P MERLES:VA RLTY CORE -" "'' MRL_SENAP P K/J a/ P J a 3ARVSTA3LE MA 2AS3 HY 3387Y L" OFFZC�S""'" ['34• I 1 s[342 025 LJLLOo, LEO P -- -- - ---- - - 54 EAST' MAIV ST` - -- _ __. .. _ ss 342 326""-' TMR)PE. ROHERT_S-- —:50 MAIN 3T N ---'---" MA _ 25 �. _ NIS— 631' HY 2398/' 174--UNNU ..._ p MYAN MA HYAN _..0 --- - - ---- ---- ....__ _ OR STZEI -- -------- -- ----- A 3 C-1 d -... C - ------ ---- _ ... _ » -. i s CITY ` ST zLla FD 3t4 PGII •- 3: MAP PAR•CCL •• ---- •-•--••- HYANNIS' MA JIM: Z�1� NY CZ4 9 _ i 4RVICCr 6°RALD�S - . S81 TAEMINT ST PRIN:Ip Ile? 305TON ------ MA PH 11 HY- C245--3___ 3 2 Q2 s 3t2 02 70A �K44044 DIVEST_RS INC _ - -' 30STON- 2 " 581' TRE`13NT"ST"-' HYANNIS- --- IA Z53 »`ir' CZ45=C 342 027 333 3CLAN344 DIVESTERS INC- A S 1 4Y C 4 _ �L L - "VAr ?AJL X' I ELCEW-J--30'`14IV" "aT'-. M MYAYVIS .__.._.__ .. ""' �M14 211 3 MY' C245 F ii 3i2 02T 3C MER-a5. S 1 TREM3NT ST -.-. 33ST3N -_ 3i2 02T 3 D MERLES_VAO PAJL X i ELLEY J 30gg' MtRE 3T HYANNIS' 2 S u 342 02T 02E 3CLAMO=i DIVASTEXS3Ie`LE11'J—` 0"!1AIN ST -- 30ST0:1 MA ' ;1 jg 4Y C245-«H n� 4 G �<LAH3j&AaIVEDERS INC 31 TR_M3NT ST-_ HYANNIS _.._... S 2 u2Y S� MA i1T� MY C245- I' Z 02 3� M4IV aT yELR35E u 342 027 34 qm ts=VAr J3VN P dAKEFIELD — MA-' 323 MY' C245--J 342 02T �OZ J3YGEr VINC_NT F S SANORA F' 04AG3STI�Oi�`DITN-M HYANNIS "MA �531 HY'CZ45� j . u[:334ZZ 2T J• D_ASOggTINOi A BERT' J_3-----MERLcS=V4.'Z75►RIA :_.. _::';'.:_._. -__� _ _...._._.._ �.... - b 342 827 ��J y¢RLEStImo ?A' l J' ; - HYANNIS, MA 25 HY C245- L EVA, - 30 M414 ST HYANVIS - MA ZS3 HY' C�45M p 34 02T 3L '4ERLESEVAr J044 P _ _ 33 n4IV 5T _.___._.._ .. - _ - dYANNIS MA 2531 MY C245 ' 1 2 _..__� yA ' 25J1 HY Cl 414"3T- ►TLC14..1_i"�� u 342 027 �OM 14ERLESEIAr JOHy P _ 32 MAIM- ST..REALTY;TRUST_—- HYANNIS RYAN _ a: 342 027 OJ`1 SCUDDE3r JOYCE y.' Tl -=- -- - 22- `14IV 5T NIS - s 42 328 READYv EDWARD A 4YANVIS 2 r MA a53� HY� 7T67/ ... 2 J29 �3USIN'a fOR ALL C3Ra 14 MAIN ST - MA 2559 •MY T3$$1 301 _ 14 M4IV ST REALTY' TR" �' 9ARNST43L_ n► 2 030 OOA H3USIV3 F3R. ALL C3Z' ---- THIRTEEN� MAIV ST' TAU37`-- HYANNIS?ORT' MA"' �547 HY"4005/' 133' - JE33r LJCINDA !1. TR'a-'—' TWENTY-3VE MAID ST 4YANVIS 11 22 _ i4` 342 031 - CkA=Yr 3ENyIS' M'• TRS 4YAN41S MA �s3j HY 6 11� 6 -T -�, - n 34z �32 1CAJLIFFE• LAJRENCE S Tg XC�I�LR3cU��VETRUST yYAY�IIS t - f 4 33 CMA LFIVr J4CC c •iL" RE4LTY, _. i s ' AJR°NC:- M'- TRS MAIN STREET M_3Z• ---' 4YAN41S.__- _.._..- . _ n' 242 qj3 �MiEIN23LOP 'CC 51 ItIV 5T'- HYANNIS MA 2531 aY 4320/ 379 ' ! 51 ?ARK ST , - HYANNIS 4A 2531 MY 56541 001 342 033 33C iILLr EUGENE 3 DATE N4 yAIV ST REALTY TR.IaT -. -" _ .-- 2Z99 -- 90ST3Y MA 54i -1Y 759�/ J02 � p 342 333 330 4RTMUR. HEL'oA S TRS -- • i0o CHAR.-Es. AIVER PLAZA----':-.._ HARYICAP3RT' - M A 5. . Y. 146, 33 E YTLE,- R'J9ERT A -- R FE44ELL REALTY" TRUST HYANVIS MA 2531 4Y 4645/ �99 16 a' 342 833 83F FENNEL_I S41R�EY Ai' TR --' �6 P4RKdAY ?- HYANVIS - *1A 2501 4Y 9279/ 67 15 - a 342 034 AJRDHYr FRANC_s __ • -. HYANVIS •, ' MA 73531 HY 10191 323 1 — u 342 735 FARRISir 3R3VER C i ZELVaN 2TAP_RCFSTRE!T V9AOH E Jd ••__•.• _ HYANNIS- - MA S 1 NY- 3 Z 0p33 CAPE CO9 HOSPITAL ZT DgRC STR==T-- REALTY TR JEST SARVSTA3L: MA 2501 4Y 7384/ 301 x` 34Z 030 33A CAPE :3) HOSPITAL' _- THI4T«4 14ALI ST R_ iYANVIS - 9A 2531 HY 4407/ 126 ' u 3i2 038 JE33r •JCINDA R TRa - - CENTERVI_:E MA Z632 4Y 272T/ 339- 1213 » 342 037 JYLANr SAUL 3 SOODy4Nr- JOHN-.-_• 5 SACHEV DR?-"- 3ST=RYI-�=`e MA 2555' HT' 39351-113 -- b• 342 040 SKINNER• EDITM_ R - COViiAYr"aATRIt2A* OSTERYIL_° A �555 MY 444:/ 06 - I_ - n- 342 041 •3VdAYr• J3SE?H J OSTERVIL-E MA S55 NY 4443/ �06 � CONdAYr aATRICIA A� - MA 25'S5' MY_ 44431 QOd 342 041 A31 C3NvlAY►: JOS_PH J COVd4Yr aATRICIA A �_- OSTcRVII•c " - - - n 342 341 A32 'ONJAYr' JOSEP4 J _... __—.. CONWAY' °ATRICIA A HYANNIS' MA-' 2V31 Ifly' 7 / 4 q� 342 041 A03 „ONwAYP JOS"PA J- HYANVI'-MEDICA_ TIVEST-TR 4YAN4IS - ;: - MA 25 1 HY 71451 4T- 34Z 041 334 RJFLETi• J3�K G TR'a MYAVVIS 4EDICAL INV_ST TR 4YAN4IS' MA 25�1 - NY 7' �3T ~ 342 41 335 RJFLE Tip JOAN 6 TRS 6 MAIN ST 4YANNIS-- --- - MA" 25�1 NY- 714�/ 015- - ° 342 841 336 RJFLETir PETER Y HYANVIS 4EDICAL INVEST-TR qq- 5 1-HY'-T.2 r 15-2 1 42 041 a3T AJfLETir J04N 6 TRS MCAU_ZFf.r ' Sr• 3ROECe, �` Y iYANNI _ i ! RJFLESiI oR3YER C. S' P L Y M 3 U T A MA 2501 AY 4325/-206 -�_ 42 042 31 THATC4SR RD �- MA 2501 NY 403Z/ 146 - - HYANVIS a 343 001 3JNVr )OYIE ? $ D3VNA J FALMOUTM MA- a47- MY• C•�3341 agg--1� -------- MCLAU34_INr R33ERT A ET ALS" T63 yAINR4TRTstTRJST' d LMOUTHT MA SS4 HY-'t1395-ST-98 34 Oc33 33S No. C3RP MA 2501 MY C12 4 - se 3 000 -.. YRI3 4Tr' '�ISCI_t4 3 7 st[ 4 4 -- JRIiMTP' D3NALD' G- HYANNIS �'-' _" MA 2537 HY C1296 53 139 $ 136, - a DOLI!1?IO REALTY TRUST u 343 005 33LIMPI'Jr VINCEVT SR TRS 3ARNSTA3_E OK 7�133- HY- tt1 7�-29— 13A $-!VV FRANCES N- ADVISORS TRUST"- TULSA MA--' 2537' HY' 33�4 - 58"" �. v. 343 006 D3LIS?I3r FRANCES R TRS _ XfGa RLTY- A9VISORS 3ARNSTA3:_ --- u AITTANL M GRETCM V• TRS X" 73T _....._._.. _..._._... .__.___.. ._.. g 3 - - ... . oS ---- _ _. _ T �-•P 3 33 LIa q 0EV TY •�OLI!1't i VINCcV _._ . .. ...» _ S.T fD 300K ,.�.:..:._.•..r,.-� �. Ap . The Town of Bar' nstable. • s �uat�, s ' Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyatutis MA 02601 Office. 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Coninussioner, March 19, 1997 Merlesena Enterprises Inc. 70 Main Street Box 336 Hyannis, M,A,02601 Dear Property Owner: I regret to inform you that your inulti-family building at 25 Cedar Street in Hyannis is a lawfid four-family dwelling but is currently being used as a seven-family dwelling. You must cease and desist the use of this building as anything other than a four-family building. You niust take out a building permit to make this conversion within 30 days. You have the right to appeal this decision if you so choose. We will be more than happy to assist you. ;Sincerely, Ralpo . Crossen Building Commissioner RMC/lbn cc: Peter Freeman, Chairman. Old Kingg's Highway Historic District Commission g9703196 i F BCCr. �l� ;�fL 088 .WE, MUHAMMAD S. AB}�ANI, and MARY E. ABRAHANI, Asband and Wife, Of 10 Washington Avenue, Hyannis, Barnstable County. Massachusetts. in consideration of ONE HUNDRED FORTY-`LINE TIiOUSAND f,?iD SEVEN HU.;DRED FIFTY ($149,750.00) DOLLARS PAID grant to MERLESENA ENTERPRISES, INC. of 70 Main Street, Hyannis, Massachusetts with quitrluim rournauts tbzci=&Ax a certain parcel of land, together with buildings thereon, situated in Barnstable (Hyannis) , Barnstable County, Massachusetts, bounded and described as follows : Southeasterly by Cedar Street, as shown on hereinafter mentioned plan, eighty-six and 94/100 (86.94) feet; Southerly by land of Virginia Bowen, as shown on said plan, one hundred seventy-two and 10/100 (172. 10) feet; Westerly by- land of Raoul D. Ross et ux, as shownon said plan, a total distance of one hundred forty-one and 91/100 (141. 91) feet; and Northeasterly by Lot 2, as shown on said plan, two hundred thirteen and 48/100 (213.48) feet. Containing 21,456 square feet and being LOT 1 as shown on a plan entitled: "Plan of Land in Hyannis, Massachusetts for Loraine D. Marble August 28 , 1968 Scale 1" = 40 ' Thomas E. Kelley Surveyor,. South Yarmouth, Mass., " which- plan is duly recorded with Barnstable County Registry of Deeds in Book 224 , Page 37. For title see deed of Paul T. Ford, Trustee, dated October 5, 1983 , recorded in Barnstable County Registry of Deeds Book 3887 Page 252. nP d%end Executed as a sealed instrument this �i� day of 1985 amnia ra ani az - r,'fig ant McTommunvuettlth of flassathimetts Barnstable SS. 19 85 Then personally appeared the above named Muhammad S. Abrahani and Mary E. Abrahani and acknowledged the foregoing instrument to be their free act and el, Before me, Notary Public— My commission expires Ile 20% 'oi tot area 21,466 S 9 id, 93 S 9 y cy� Rpm. 2,76L1.2 '= S • wpod.ed cull. 897.0 S 9 96•tat 3,661.2 S !g C i C is pa �ti 6?i.8 S ��e�cercce �zt. oaecl 2? r� 39 141 91 �a f o-t qataqx dto4rzfe apace. r UMp4 tent o t I __ 21,466 S 9 aewe�t I deck dine ,to 4 XZo d tJiee to 2Z t--7 ld C I Ap 4. Sca-Ce l"-30 catch Ob D a ate 2-21-90 .j.i,� h C M t ( N N I r!1,- Cape Cnc�,c�C' eehi ru 149 ka cbo-i road 6 �� ldyanxid., &. 02601 A 22 Pa,ki q apace 24 •to•tat I zi' � e.Cec. 3it C 8 podz Ceda't sweet (gown) 40 ' wide x Skp tchh Ran og Xand in 14gan i&,nnM1 z. 90,t &&tL P�2a t�e-uu .Cot ,I aa. Qhown ovt a p.Lan aeco�led .r.rr. �' •�� `vim�� , book 224 page 37. �� h OLe E I Q� Merlesena Enterprises, Inc. i 27840 add to multi-No ................. .............................. - family dwelling - 25 Cedar Street Location ........................................... ................. - -Hyannis l .••.•.••..•,••. ..•..-• . •••••.Merlesena Enterprises Owner .. . ........................................................... _ frame Type of Construction _.............................................................................. _ Plot ............................. Lot ................................ i Permit Granted .... May 3 85 Date of Insp�. ..4`�.........7.............. .T9� 1 ` Date 'Comp let_�'.......................,/?�......19'5';� i i Asses lbr's map and lot number ,......1....1.....t( .. �- yof THE to Sewage Permit numbercon, -�.,f -. � ' f ii {/� � ` i BAHd9TSHLE Z House numbef MA84 ��p z67q. TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO .. ?.............................................. TYPE OF CONSTRUCTION .........F-f-t.A.m.�:.............................................................................................. ................................................ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby Japplies for age—permit according to the following information: Location ....o2.51C �i .A�...... .!....!.......... .. 1�. �.�.I. ...-A-)..�...................................................... ProposedUse .......ex..(.5.l...IJ. ..... .............................................................................................................................. w Zoning District �n. ...� 5.............................Fire District .... 5 Name of Ownell� F��-G. E ..�A. � h/. f"h Address ....... .1 . .. y'�....... \' �......... Name of BuilderV(.(C'.�1�JA .R4'e ..-e.Y.el...........Address .24... )...h.....✓.<......... ..... /1�,1 s.�. ... ryI Name of Architect ..)e..............................Address '. Number of Rooms ...................�.........................................Foundation . . ed................................................. Ex I e r i a r C atz.....�-,.hj.wv.-q-.1es................................Roofing . ., .P11��G.:. .............................................. Floors ....P .... ...........................................Interior .......jrr: .5... ...R............................................... Heating ........� 0.la.�.('_,....................................Plumbing ..........{.1( ./VL'............. ... ............................... Fireplace ................1�/�,��u�-..........................................Approximate Cost ........ /............ s Definitive Plan Approved by Planning Board -----------______-----------19_______. Area ..... .�...... .. ...� .. . ` Diagram of Lot and Building with Dimensions Fee �..�' ..... SUBJECT TO APPROVAL OF BOARD OF HEALTH 1 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. l �o ? Name . Q��A.)..Xeg.4t..�..L .:..1....Z.. Construction Super-visor's License • ;� i ,. � - R :" r t ,. '' 15 f N,I � jl . Lbt, 2 ; s .; I TU ' 3Z. I r . ._ �i. ry 1�X1'St nY! - 1 .4.1 { E3ldr.N ;- c- j N 00 C.�. �1-id - f` r hd. stl.. - V. ; . All .Car En,,ineer n. 49 H?rb r Road I a : t ; : .._ I:yannis� Ma: -0260I r.. ;. ... t r I ' nd; _ t. , t ` 1 j. �• { : r t '� ! LANT '►bci t j 1ffr 401 atory �.. 1 2 3 {:. r I jnte ;.. .b33.3 340: 2: _1072 2 f I t,86.b' =f }.•;; 1 .,... I Totals j 13.80;2 : 826.2 2144e 5 43 50.9 i'�Sumj i>;l�l�z � �7:H s -- -I 1 25 0 of: 21, 56 367. j: -A, 4 5.> S , ! , _..- ! - I .-� renc 1016 sf• PLAN , lb ;--1 as'-sho". _ _ -re n f , S_'�3�11E The;fi $7:cIi It i R'e ist of DEeds- ;hook 22�. . on f; ^ro�and5 : shosr;n th reon= andlt.-it 'a�e7 Dated o/2s/ co:1f© ! mso: the i zbnin�;..�inl bldin Ivrs of I. - tho.: 'f:'k1. 0f: � ,>7st + )1,�. ` h I to - the- restri cl ons! o>;� r'e orel ..,, �-*"-''� •_.-_ •.i`' �-1� l.'.[ �y��,�, , i.. -r-i I_ " I { O�Nn�.rs�, � !,' .1 , 1 , '.t .� Eb,!!'�•f1J `4, -_!� r�leste _a "oMerl�rises, Ync. 1, .�� tc:�' L '!'1 1 1'�bCi it 'iJ.li.met _LEI ( { yana.s,, ,ass n i::.{�f�t ! I t• fn1+4 iA Ti I 1 • 111 i ri 1- : It Z. , I t i , nn I.'IXL® �1 ; ` L4:3 .�.. N, .. , , • N , 48; • � '- I ' h.H.'- i t o. lei 2 c GO nd Lot stl -1- =f Al C ' _ 1 ' near '-Roa.d�_J r - •r rr �., , • I I IT. u -4b'unit_ I 'LAT•: SC::LE} 1"•. . - r otal ,_. late- 18 I ' Rev. /?�/�5 1072 2 2�t,5.7 i { - _- � Cyr... �- r;2ot j �'+, r, } i '•r.t: Q' .�.. ., _ . �". . . . ; ot i r STe of: J 1,4b6 a 5 F 3,,67: r. , . I - _ I *_�. ;. Diffgz'ence 33213sf 11 i yI i . . . FLAN n� 1 as shown shown .on.. a i ,: L..i•-,-- -a-i- ••�--r- _ r, , � �•-1361� 1., IO!fi: �..' 1 flan p D;ar ` le si .d in ns`tab ' n th eon and• hat, it - Heist of. Deeds �ook �221� p. � ' r aQe 3� Dated121� '�V�dldin l vrs of + _ ted; end 0 ' �1 th ie ' b gI ® + x•eo rd. + It :. .. �erles'e a En�:erprises, Inc.: - --; }-; 1 1- - •-r-$ t-} '. E ' L. ;7p' T3�' 'Litreet , . +KELEY{..i. j,iaSS... 0'�U1. l } i� ILU F rT1_ 11 I 1 I Il t'1 , .. . .}_.{.. f- i i •r--t- 1-ly _ 711I- 1 I I I t � t MEBI Fcr+>\tn F„tm A=327-197 No .....2.2.7.5.6 Permit for add...to...2nd......... f,1oQr...for...apartment.............................. _ it Location ...............2.. ..C.e.dar...$. e.e ......... I. ............:.Hyannis............................................... - - Owner ...................Aej;.l.e.9.exia..Erlt............ f l ' Ty p f Construction' frame......... ,. ... ....................... ....... ................... �~ PloLot .. .......................... Pe Granted . .1.6. .. , .. .�1985 _ - - - _ I Da of Inspection v:...5..."..7..............19� C Completed'7'..............Z ...........19 i l = : Assessor's map and lot number ,..............1.:. Cam' t yDi THE t0 Sewage Permit number ...M ...............:................... .... • w�Q °,► House number .............................Z S� � 8 L t 039�1.................................. �'0 NAY TOWN OF . BARNSTABLE BUILDING INSPECTOR -L y14 2.:C.ac.�'.C....:... ....� t� i�v G�.C/.Ell...M /7 APPLICATION FOR PERMIT TO ...... �............. ....... .. ,�/. TYPE OF CONSTRUCTION ......... 2.! !' .. ..:............................................................................................... ................................................ ''9. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for apermit according to the following ,information: Location ......Z.F....cf.L.,......./e.r............ °� � ��. ............................................................................ ProposedUse ..... . ................ .. !` ................................................................ ZoningDistrict ....../.....A...P................................. .............Fire District .... ... �r. l l... ................................ Name of Owner C/...l.G..n4- .. ....A.��.7fi--f..6ciclress ..........� ....'�:!..'...... `.!......g ....... ..v.•t 'c!� Name of Builder .... / ...l.l.1(;. .C. .C�.! ....Address??.�... ,CG/ .e;7/.'d�J.... �.......5/.. /Ll/��f Name of Architect ..............................................Address Numberof Rooms ..................��..........................................Foundation ... ...................................................................... Exterior ......... . ...........................................Roofing ....... s ".f?. .L... .... Floors P�... ./ ��.1 ." . .1� . t°. 1.... ........Interior ... 1. ....! C.11 .................................... Heating ....... ...............................Plumbing ....... ................0........0......... fFireplace .............. �.........................................................Approximate Cost ......................................... . Definitive Plan Approved by Planning Board --------------------------19- — -• Area �../.. ...v..... C/ Diagram of Lot and Building with Dimensions Fee .........4................................. SUBJECT TO APPROVAL OF BOARD OF HEALTH 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. Na .. ......................... ........................................... Construction Supervisor's Licensea.z...c/.D L ...�./ i MFR MENA ENTERPRISES No �761.Q:.. Permit for .AM.XQP2M............ �- .........APcut 1t. g.............................. _ s, - Location ... ..(;Qa= =eet................:.......... .................. ......................... , Owner .....M.PX.1e5f=.Xt1t .rPr;.SES.. ........ TYP Construction .....FxaII�............ - . ..... ................................. ;...... .. ........ Plot ................:' Lot} :.......:........ ` ........ Per ranted March..17r.......:.:.....J 9 85 �f�y Dot Inspectiory '........ ...: .:: ...........19 _ - Dot mphited ................ ...............19 - J Assessor's map and lot number ......� ......^..�1. .7..... GC THE Sewage Permit number C d�Pw�`°,► r + � DAHd4TADLE f House number .........k..�.y.. ,,,.....................:.......::"....... Maa L� ° o6sY•a�� r Y� TOWN 'OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO P TYPE OF CONSTRUCTION .n'�1.� ..:...... ... ............................................................................. ................✓.....�./�..........19 5^ TO THE INSPECTOR OF BUILDINGS: The undersigned herebby� applies for a perr-mit according to the following information: "Location .... !�......lr. tell.`:........ 1!..:............ ...tea..-t'/it�/.f.............................................................................. ProposedUse ....... 1.OAA-1..h!..�..?�-�1.............. .�...��./...1....'�... . .............................................................. Zoning District ... .�Z.... ...............................................Fire District .. > ! ,/. . ................................... r- c Name of Owner '- �t� f� ...lc!�!�C( !2 1 '�Address ... ..... 9.. l..f.'1...........��.....� ....��rl. Name of Builder�!1�... .�/ Se..t e.."A ............ Nameof Architect ..................................................................Address .................................................................................... Numberof Rooms .....................`,.........................................Foundation .�^X f 2........`Z.. ........................................ Exterior ...... �l..l...' 1.. LL. ...........................................Roofing ....f!'! "..g ... r..► -.. .................................... sal. (.�>1=. � '. Floors. G/�i ' .'--... ,t4.. .1.................Interior ............. .. Heating ....xf�.Ln=�.,�.J....�......................................Plumbing ........ .�y .... .�....................................... Fireplace ............../. / .......................................................Approximate Cost ....................................... Definitive Plan Approved by Planning Board ------------______-----------19_______. Area Diagram of Lot and Building with Dimensions Fee ..... ,l.l . .................... SUBJECT TO APPROVAL OF BOARD OF HEALTH i 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. Nam?... ..... ............................................. Construction Supervisor's License f.....(..4�.....!......!. i f From the Office of: STANDARD FORM RLES.ENA REALTY, CORP. RCHASE AND SALE AGREEMENT 70 Main Street Hyannis,MA 02601 This fifth ' day of December 18 84 1. PARTIES and :"ary T. Abrahani (fill 1n) hereinafter called the SELLER,agrees to SELL and Nerlesena Enterprises, Inc . or their noriinees 70 Clain St . , Hyannis, r:A 02601 hereinafter called the BUYER or.PURCHASER, agrees to BUY, upon the terms hereinafter set forth,the following described premises: 2. DESCRIPTION A 6—unit apartr.:ent building located on aprroxi;::atela . 49 . (IllllnanTIONde acres at 25 Cedar St. , Hyannis, MA 02601, be:ino: Lot 1 as ddereference) r.:cre fully described in rock 2�61 Face 114 at the sari:stable County Ile�istry of Deeds. 3. BUILDINGS, Included in the sale as a part of said premises are the buildings,structures,and improvements now thereon, STRUCTURES, and the fixtures belonging to the SELLER and used in connection therewith including, if any, all venetian IMPROVEMENTS, blinds, window shades, screens, screen doors, storm windows and doors, awnings, shutters, furnaces, FIXTURES heaters, heating equipment, stoves, ranges, oil and gas burners and fixtures appurtenant thereto,hot water . heaters, plumbing and bathroom fixtures, electric and other lighting fixtures, mantels, outside television (fill In orde/eto) antennas,fences, gates,trees,shrubs,plants,and,if built in,air conditioning equipment,ventilators;garbage disposers,dishwashers,washing machines and driers;and r e f T i e r u t o 1'e -bat-exdttdirlg 4, TITLE DEED. Said premises are to.be conveyed by a good and sufficient Quitc1air.•, deed running to (fill In) the BUYER, or to the nominee designated by the BUYER by written notice to the SELLER at least seven 'include here by specific days before the deed is to be delivered as herein provided, and said deed shall reference any restric- convey a good and clear record and marketable title thereto,free from encumbrances,except dons,sn&rnents,rights (a) Provisions of existing building and zoning laws; and obligadons in party (b) Existing rights and obligations in party walls which are not the subject of written agreement; walls not Included In(b), (c) Such taxes for the then current year as are not due and payable on the date of the delivery of such looser,municipal and deed; other/ism,other encum- (d) Any liens for municipal betterments assessed after the date of this agreement; brencea,and make pro- *10-Tenants ' rights Pursuant to existilr::� 1<.:ES E11 ' . vision to protect SELLER against BUYER'S broach of SELLERS covenants In leases,srhero . necessary. 14, PLANS If said dead refers to a plan necessary to be recorded therewith the SELLER'shall deliver such plan with the deed in form adequate for recording or registration. 6. REGISTERED In addition to the foregoing,if the title to said premises is registered,said deed shall be in form sufficient to TITLE entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said deed all instruments, if any,necessary to enable the BUYER to obtain such Certificate of Title. 7• PURCHASE PRICE The agreed purchase price for said premises is one hundred, f ortL y—nine thou;arid (fill In),space is seven hundred f ift„r - and no/IOC dollars,of which allowed to write out the amounts $ have been paid as a deposit this day and If detlred S 14 3,2 5 0.0 0 are to be paid at the time of delivery of the deed in cash,or by certified, (provide for pay- cashier's,treasurer's or bank check. mart by certified or Bank'#Chock S 6,500. CO rerresentinc* E •! „' : �,/21 'I terPst in. r1e�L i he e•r its to secure Lu;►er s Self to�a a 149,750.00 TOTAL perior,,,Pnee udder ara. 22 and as mWired) credit against purchaSe COPYRIGHT O 1918,1984 All r4hts VWWVSC This form may not be eopled or reproduce 14 7 s r GREATER SOSTON REAL ESTATE BOARD whole or M Part In any manta►whatsoever without the POW ex- f�.a press written Consent of the Greater Boston Real Estate Soars. tiasmt I- S. TIME FOR Such deed is to be delivered at 10: 00 o'clock A. M.on the 1 day of PERFORMANCE; �cI 19P5 ,a Enr:.ntable Ccunty DELIVERYOF DEED(fill In) Registry of D nless otherwise agreed upon in writing. It isled that-time is of the essence of this agreement. 9. POSSESSION and Full possession of said premises free of all tenants and occupants, except as herein provided, is to be. CONDITION of delivered at the time of the delivery of the deed,said premises to be then(a) in the same condition as they PREMISES, now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and zoning. (attach a list o/ laws, and (c) in compliance with the provisions of any instrument referred to in clause 4 hereof. The exceptions,If any) BUYER shall be entitled to an inspection of said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause. 10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance,or to deliver possession of the premises, PERFECT TITLE all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform with the OR MAKE provisions hereof,then any payments made under this agreement shall be refunded and all other obligations PREMISES of the parties hereto shall cease and this agreement shall be void and without recourse to the parties hereto'. CONFORM unless the SELLER elects to use reasonable efforts to remove any defects in title,or to deliver possession as (Change period of provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in " time If desired). which event the SELLER shall give written notice thereof to the. BUYER at or before. the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty days. 11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, PERFECT TITLE deliver possession, or make the premises conform,as the case may be,all as herein agreed,or if at any time OR MAKE during the period of this agreement or any extension thereof, the holder of a mortgage on said premises PREMISES .. shall refuse to permit the insurance proceeds, if any, to be used for such purposes,then,at the BUYER'S CONFORM,etc. option, any payments made under this agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this agreement shall be•void without recourse to the parties hereto. 12. BUYER'S The BUYER shall have the election, at either the original or any extended time for performance,to accept ELECTION TO such title as the SELLER can deliver to the said premises in.their then condition and to pay therefor the ACCEPT TITLE purchase price without deduction, in which ease the SELLER shall convey such title, except that in the event of such conveyance in accord with-the provisions of this clause, if the said premises shall have been damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has previously. restored the premises to their former condition,either (a) pay over or assign to the BUYER,on delivery of the deed,all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any partial restoration,or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the sold premises to their former condition or to be so paid over or assigned; give to the BUYER a credit against the purchase price, on delivery of the deed, equal to said amounts to recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. .13. ACCEPTANCE The acceptance of a deed by the BUYER-or his nominee as the case may be, shall be deemed to be a full OF DEED performance and discharge of every agreement and obligation herein contained or expressed,except such as are,by the terms hereof,to be performed after the delivery of said deed. 14. • USE OF To enable the SELLER to make conveyance as herein provided, the SELLER may,at the time of delivery PURCHASE of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or MONEY TO interests, provided that all instruments so procured are recorded simultaneously with the delivery of said CLEAR TITLE deed. 15. INSURANCE Until the delivery of the deed,the SELLER shall maintain insurance on said premises as follows: 'incest amount Type of Insurance c (list adldldona/ Amount o/Coverage ypas ofInsurmwe (a) Fire S AS at n^.e e n t: and amounts as (b) Extended coverage • agrmd) (c) 16. ASSIGNMENT OF Unless otherwise notified in writing by the BUYER at least seven days before the INSURANCE time for delivery of the d p ng so by the refusal of the insurance com- (delete entire clause pany(s) involved to issue the LE $i ch Insurance and deliver binders therefor in 'if insurance h not proper form to the BUYER a a s agreement. In the event of refusal by the to be ass/gned! insurance company(s) to roue R s a gwe notice thereof to the BUYER at least two business days before the time for performance of this agreement. 17. ADJUSTMENTS Collects rents, mortgage interest, prepaid premiums on insurance If assigned as herein provided,water and '(list operating ex- sewer L harperating expenses(if any) according he dule attached hereto or set forth below, penes,if any,or and taxes for en current year, shall be apportioned-end slue shall.be adjusted,as of the day of attach schedule) performance of this agreement and th .et amount thereof shall be added to or t deducted from,as the case may be,the purchase price payable by the BUYER at the time of delivery of the deed. Uncollected rents for the current rental period shall be apportioned if and when collected by either party. 18. ADJUSTMENT If the amount of said taxes is not known at the time of the delivery of the deed,they shall be apportioned OF UNASSESSED on the basis of the taxes assessed for the preceding year,with a reapportionment as soon as the new tax rate AND and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced ABATED TAXES by abatement, the amount of such abatement, less the reasonable.cost of obtaining the same, shall be apportioned between the parties, provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 19. BROKER'S FEE A broker's fee for professional services of (/ill in fee with is due from the SELLER to dollar amount or name of Br oleo DELETE name o/Broker(a)l the Broker(s) herein, but if the SELLER pursuant to the terms of clause 22 hereof retains the deposits made hereunder by the BUYER, said Brokerls) shall be entitled to receive from the SELLER an amount equal to one-half the amount so retained or an amount equal to the broker's fee for professional services according to this contract,whichever is the lesser. 20. BROKER'S) The Broker(s)named herein merle:enn ?tea ltv Corr . WARRANTY warrant(:) that he Ithey) is(are)duly licensed as such by the ommo iiwealth of Massachusetts. (fill In name) 21. DEPOSIT All deposits made hereunder shall be held by the broker(s) (fill In,or delete subject to the terms of this agree I b for at the time for performance of this reference toagreement, provided however the of is re t the broker(s)may retain said deposits broker(s)If pending instructions mutually giv t B - R. SELLER holds deposit) .22. BUYER'S If the BUYER shall fail to fulfill the BUYER'S agreements herein, all deposits made hereunder by the DEFAULT; BUYER shall be retained by the SELLER as liquidated damages unless within thirty days after the time for DAMAGES performance of this agreement or any extension hereof, the SELLER otherwise notifies the BUYER in writing. 23. SALE OF The BUYER agrees to buy from the SELLER the articles of personal property enumerated on the attached PERSONAL list for the price of $ Ld ees to deliver to the BUYER upon PROPERTY delivery of the deed hereunder, a w ra E7 ment of said price.The provisions of (fill In and attach this clause shall constitute an agr a f he provisions herein contained with list or delete respect to the real estate, and any breach of the terms and conditions of this clause shall have no effect on entire clause) the provisions of this agreement with respect to the real estate. 24. RELEASE BY The SELLER'S spouse hereby agrees to join in said deed and to release and convey all statutory and other HUSBAND OR rights.and interests in said premises. WIFE 25. BROKER AS The brokers) named herein, join(:) in this agreement and become(s) a party hereto, in so for as any PARTY provisions of this agreement expressly apply to him (them), and to any amendments or modifications of such provisions to which he(they) agree(s) in writing. 26. LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the TRUSTEE, principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing,nor SHAREHOLDER, any shareholder or beneficiary of any trust;shall be personally liable for any obligation,express or implied, BENEFICIARY,etc. hereunder. 27. WARRANTIES The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has AND REPRE. he relied upon any warranties or representations not set forth or incorporated in this agreement or pre- SENTATIONS viously made in writing,except for the following additional warranties and representations,if any,made by (rill In),If none, either the SELLER or the Broker(s): steer"none",if any listed,Indicate by wham each war- ranty or represen- tadon was made 28. CONSTRUCTION This Instrument,executed In triplicate' Is to be construed as a Massachusetts contract,is OF AGREEMENT to take effect as a sealed instrument,sets forth the entire contract between the parties,is binding upon and -delete"'triplicate" enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, and substitute successors and assigns, and may be cancelled, modified or amended only by a written instrument executed "quadrupikate" by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their obliga- il required. tions hereunder shall be Joint ind several. The captions and marginal notes are used only as a matter of eonvenienoe and are not to be considered a part of this agreement or to be used In determining the intent of the parties to it. 29. LEAD PAINT. The parties acknowledge Mildren never a child or children under six years of age LAW resides in any residential pa t, er or other accessible material contains danger- ous levels of lead, the ows e or cover said paint,plaster or other material so as to make it inaccessible tix years of age. 30. ADDITIONAL The initialed riders,if any,attached hereto,are incorporated herein by reference. PROVISIONS A. After date of this Agreerrsent, Seller a,,rees not to execute new leases for terms later than ';arch 1, 1985 without Buyer's written approval thereof. 1 SE R (esp)use). � ER i 4 R John P. ;' rlesena BUYER Faul X. ;erlesena -;erlesena Realty Corp. Broker(s) EXTENSION Date The time for the performance of the foregoing agreement Is extended until o'clock M.on the day of 19___, time still being of the essence of this agreement as extended. In all other respects,this agreement is hereby ratified and confirmed. This extension,executed in triplicate, is intended to take effect as a sealed instrument. SELLER (or spouse) SELLER BUYER BUYER Broker(s) z Lj � - TOWN OF BARNSTABLE REPORTOPPLEMENTARY/CONTINUATION REPORT NAME (LAST, FIRST, MIDDLE) ` f DIVISION /DBPT NOTE DETAILS 6 OBSERVATIONS-ITEMIZE EVIDENCE, SERIAL IS ETC. SUBMITTED BY l PAGE I O ..................::.. • •.r.:::::::::• :....:.:...:......:.::. 7 27/197 «:.x.:.. ILDIN cr >' merlesena ENT.:::. ...........................:. 25 . ............... ............:............. .......................... :.':CEDAR STREET fix; .AN I T ............... ...:.:..::..:....:::::::::...:. :.::......:.............. G P.. :fi::i::;i�:;:;:;�iii:::::::::::: :: ::j?;:;:;:� ::::y :::::::: i3i::>::i::`;:;: ;:j::..':q:::;';: % ;:;:{t::::: ::;:;:•,`:t•`:;:` ;;`?•`:> SEARCH y: :yy:yii•i: .{ L : Jt a Town of Barnstable • i�xezns�. • ,� Department of Health, Safety and Environmental Services tea'' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner March 19, 1997 Merlesena Enterprises Inc. 70 Main Street Box 356 Hyannis, MA 02601 Dear Property Owner: I regret to inform you that your multi-family building at 25 Cedar Street in Hyannis is a lawful four-family dwelling but is currently being used as a seven-family dwelling. You must cease and desist the use of this building as anything other than a four-family building. You must take out a building permit to make this conversion within 30 days. You have the right to appeal this decision if you so choose. We will be more than happy to assist you. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn cc: Peter Freeman, Chairman Old King's Highway Historic District Commission g970319b _ BAM"ABA Eb IM'�• Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No 1997-67: - Merlesena Enterprises, Inc. Appeal of the Decision of the Building Commissioner Summary Overruled Building Commissioner Applicant:.......................................Merlesena Enterprises, Inc. Property Address..........................25 Cedar Street, Hyannis, MA Assessor's Map/Parcel............... 327/197....Area..............0.49 ac...........Building Area.......5,528 sq.ft. Zoning:...........................................PRD Professional Residential District Groundwater Overlay....................GP Groundwater Protection Overlay District Background: The property is located at 25 Cedar Street, Hyannis, MA in a PR Professional Residential Zoning District. According to the Assessor's Records, the two story structure has a gross floor area of 6,436 sq.ft. and contains 8 family units (Apartments). According to the Assessor's Record, the structure was originally built some time around 1880. The present owners of the property, Merlesena Enterprises, Inc., purchased it in 1985. The applicant has requested the following forms of relief: • Appeal No 1997-67: Appeal of the decision of the Building Commissioner dated March 19, 1997, in which the Commissioner ruled that the multi-family building on the premises is a lawful four (4)family dwelling and not a seven (7) unit dwelling. • Appeal No. 1997-68: Petitioned for a Special Permit pursuant to Section 4-4.2 Change From One Non- conforming Use to Another, to legitimize additions constructed by Building Permits in 1985/86 and the apartment use, and Section 3-2.1(3)(A) Renting of Rooms to 10 Lodgers. • Appeal No. 1997-69: Appeal for a Variance to the provisions of Section 3-2.1(J), Multi-Family Dwellings (Apartments); specifically(a) Minimum Lot Area/Unit, (d) Minimum Front Yard Setback (e) Minimum Side and Rear Yard Setbacks and (f) Perimeter Green Space, to allow the seven existing apartment units to be legal under zoning. The applicant has also requested Variance from Section 3-5.2(6)(C) Groundwater Protection Overlay District, Lot Coverage. The Appeal of the decision of the Building Commissioner was filed with the Zoning Board of Appeals within 30 days of the date of the issuance of the decision letter dated March 19, 1997,that is being appealed. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 18, 1997. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened June 11, 1997, at which time the Board found to overrule the decision of the Building Commissioner and that six (6) of the units are legal non-conformities on the site. Board Members hearing this appeal were Ron Jansson, Gene Burman, Richard Boy, Emmett Glynn, and Chairman Gail Nightingale. Attorney Peter Freeman represented the applicants, Paul and John Merlesena, who were present. Town of Barnstable-Zoning Board of Appeals-Decision and Notice Merlesena Enterprises, Inc.Appeal No 1997-67: Appeal of the Decision of the Building Commissioner Hearing Summary: Attorney Peter Freeman requested to have Appeals Numbers 1997-67, 68 and 69 heard together, however, the Board determined that the appeal of the Building Commissioner should be heard first to avoid confusion and that the out come of that appeal may negate the need to proceed with the other requests for relief. Attorney Freeman submitted photographs to the file. Attorney Freeman described the location of the area, which is a PRD - Professional Residential Zoning District- with numerous offices and apartment buildings. Attorney Freeman explained that the Merlesenas bought the property as a six unit apartment building. This is evidenced in the Purchase and Sales Agreement. In May 1985, Building Permit#27840 was issued. It states"add to multi family dwelling". Another Building Permit states, "add to 2nd floor apartment." These records show that the applicant was continually making improvements with all the proper permits in place and not trying to do anything "underhanded". There are five, two bedroom apartments, one 1-bedroom apartment and one studio apartment. The site is connected to town sewerage. The Board asked Attorney Freeman what records he has to show this was a legal seven-unit apartment building. Attorney Freeman stated that he has nothing explicitly from the Town that documents the six apartment units. He cited that the photographs show a foundation was poured for an additional unit and doors to six units are clearly visible. He noted that the building permit indicates multi-family, the Purchase and Sales Agreement states six apartments, heating permits and inspections exist for seven gas furnaces and taxes are being assessed as multiple family units. The Board reminded Attorney Freeman that under Chapter 40A, Section 7, the statute of limitation applies when there is"proof"that the use is legal and permitted, and it is Mr. Freeman's obligation to prove the legal use. Public Comment: No one spoke in favor or in opposition to this appeal. Procedural Summary: Based upon the evidence presented, the Board proceeded with making findings on the Appeal No. 1997-67. The first set of findings were negative and the Board made the decision to uphold the Building Commissioner. The Board then proceeded with the remaining two Appeal, Numbers 1997-68 and 69. During testimony on those appeals it became evident to the Board that Appeal Number 1997-67 should be reopened and revisited in light of new information presented. In accordance with MGL Chapter 40A, Section 14, a motion was duly made, seconded, and unanimously voted to re-open Appeal Number 1997-67 to allow the Board to review and reconsider their previous motion. Re-Opened Hearing Summary: John Merlesena testified that he and his brother bought the property in 1985 as a six unit apartment dwelling unit. They took pictures of the building showing the six entrances. He and his brother then added the"newer unit upstairs", followed later by"add[ing]on a new unit upstairs and add[ing] on the foundation that abuts the building,tore off the roof and added on a two bedroom apartment." They secured permits for all the work done. They have seven furnaces and the Town inspected the units and never were they told that the units were not allowed. The Board asked the applicant for copies of any actual building.permits. The Zoning Board of Appeals file only has copies of applications for building permits, but no copies of actual building permits themselves. The Board reviewed the file from the Building Department. The Board discussed the application for a Building Permit dated March 18, 1985 and the application for a Building Permit dated April 23, 1985. Attached was a plan from the Engineer Edward Kelley showing the buildings labeled#1 and#2 and#3 plus the proposed addition. Under that sketch is the"story list"for each unit. Unit#1 has two stories (633.3 sq.ft. and 746.9 sq.ft). Unit#2 has two stories (345.2 sq.ft. and 486.0 sq.ft). Unit#3 has two stories (1072.2 sq.ft and 1972.2 sq.ft.). These figures coincide with the total square footage listing on the sketch drawing. This plan was part of the application with a date of 4/8/85. It shows that there were three units per floor for a total of six separate units. Board 2 II i Town of Barnstable-Zoning Board of Appeals-Decision and Notice Merlesena Enterprises, Inc.Appeal No 1997-67: Appeal of the Decision of the Building Commissioner Member Ron Jansson and Attorney Freeman stated they both are of the belief that this plan and the application are considered part of the permit, especially since it was attached to the permit. The Board further discussed this plan and the building permit applications. It appears the six units are pre- existing. A motion was duly made, seconded, and unanimously voted that, pursuant to Chapter 40A, Section 7, that the Zoning Board of Appeals annul its previous negative findings and decision to uphold the Building Commissioner in Appeal Number 1997-67. AYE: Gene Burman, Ron Jansson, Richard Boy, Emmett Glynn, and Chairman Gail Nightingale NAY: None Order: The previous decision that upheld the Building Commissioner is now annulled. The Board discussed the building permit that states"add two bedrooms"and questioned if it was for an apartment with two bedrooms and just two bedrooms within the original six units There was a discussion about the square footage of the apartments.. The assessor's card from 1985, state"eight apartments". The Board concluded that it appears there are six legal units based on the plan from Edward Kelley. Findings of Fact: At the Hearing of June 11, 1997,the Board unanimously found the following findings of fact as related to Appeal No. 1997-67: 1. The applicants are appealing the Decision of the Building Commissioner dated March 19, 1997, under the terms of which he finds that"the building at 25 Cedar Street in Hyannis is a lawful four-family dwelling but is currently being used as a seven-family dwelling." 2. The property in issue is in the PRD Professional Residential District. 3. The petitioner's initially appealed for modifications to the structure located at 25 Cedar Street by virtue of building permit applications granted on March 17, 1985, April 16, 1985, and May 3, 1985. 4. Within the confines of one of these applications, there was a plan dated April 8, 1985 submitted by Edward E. Kelly with this application illustrating that the proposed use at that time consisted of six separate apartment units. 5. Based upon the application, a building permit was issued to make the requested improvements at this site. 6. The application itself becomes part of the building permit and accordingly under Chapter 40A, Section 7, the six apartment units are protected because more than six years has elapsed since the issuance of the building permits. Before voting on the findings, there was a discussion. Discussion: There was a discussion as to whether or not the seventh unit is also legal. But since only six units have been established, the"use"of the seventh unit has not been established. The building permit application for this unit does not reference plumbing or electricity and therefore the Board can not determine if it was an independent unit. The Board is voting on whether or not the six units are legal, pre-existing non- conforming uses.' 3 I Town of Barnstable-Zoning Board of Appeals-Decision and Notice Merlesena Enterprises, Inc.Appeal No 1997-67: Appeal of the Decision of the Building Commissioner Decision: Based upon the findings a motion was duly made and seconded to overrule the decision of the Building Commissioner in a letter dated March 19, 1997. The Vote was as follows: AYE: Gene Burman, Ron Jansson, Richard Boy, Emmett Glynn, and Chairman Gail Nightingale NAY: None Order: In Appeal Number 1997-67, the Building Commissioner has been overruled. There are six legal units. Appeals of this 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. , 1997 Gail Nightingale, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1997 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 4 '-:4ssessar's map and lot number .�.�..�. .- ,,,, ,.... • QyO*T E Tp�y Sewage Permit number ...:.. .�� ....... ... . . d � '^ Z BAUSTADLE. i House number 4:�b .. ,r � .4. .....�.. .............. 9 rasa pp 039. \0� 0 YP�a' TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ....197.2 2.......T ....�cllitejj ..).r.v.. ....................................... TYPE OF CONSTRUCTION .........F .Y.Y-Y�... .............................................................................................. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for ra permit according to the following information: Location ....�..� C .0......�°. .►........... ... �.1. .. ./..��.. ............... ProposedUse ....... /.1,.. ...1./... ,. ............................................................................................................................... Zoning District ��✓.�...........................................................Fire District .... .... ...a.�..�.%...........................................: I � Name of Owne � � .Graff /. � f" Address ...a. ..... ..... ...... . 4? i� ,r•S Name of ...........Address /Y1. ).... . .... <...,..... .. 4 .�N..,!. .j. ... �` +�? ..............................Address �— Name of Architect ................. .............................. .................................................................................... Number of Rooms ...................�.........................................Foundation ...fa. ................................................. Exieriar ad,a .....h.�1.1�� .).es................................Roofing ... .PhkG.:. .............................................. Floors:: .. ✓.r �G...................................................Interior ......r(�:1��.7../... .. ............................................... g ��f Plumbing ' Heating �.. . ............. ........../. ... .. .... ............................................... / Fireplace ................ ld�ill! ..........................................Approximate Cost ...... t �........ ........... F 3yi Definitive Plan Approved by Planning Board ________________________________19________. Area Diagram of Lot and Building with Dimensions Fee 4 SUBJECT TO APPROVAL OF BOARD OF HEALTH OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS 4 I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. ZuName f�.. .. . ..L... ..L...":Yl.. .. W '-Construction Super-visor's License� �. ., .. . Merlesena Enterprises, Inc. -; % 27840 add to multi- N' .............. Permit for .................................... . . family dwelling ............................................................................... . 25 Cedar Street Location ........................................................ :Hyannis .7 ............................................................................... Merlesena Enterprises Owner ................................................................ frame Type of Construction .......................................... ...............................................:............... ................. Plot ............................. Lot ................................ 3 Permit Granted .............M......ay...........t':?.......19 85 Date of In' spe?tion ...... ..................19191;1-1 Date-`Completed-.-,....................... 9 Assessor's map and lot number J � ! 7 C-C s THE Q Sewage Permit number ..........:......................T...................... Z BABBSTABLE, i House number ......... .. ..:�. . .....................:............... 9 Maria �O L i639. `0�YPYa' TOWN 'OF - NBARNSTABLE BUILDING INSPECTOR � APPLICATION FOR PERMIT TO �1..........�.�o............ . ................................... ..................... TYPEOF CONSTRUCTION .., n .!�I�J :................................................................................................. .............. .-.....................191 5_ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: .... 1.. ......5�.. a ��,s . �► �� Location ......... .5�.. .............. .. ..................................................................................................... ProposedUse ...... .12. 1.. !.. .. 1.............�.x..... .1....1.... ...Q.................................................................. Zoning District ...f�. ...........................................................Fire District ...(. .'(1 ................................... Name of Owner h.C_1' 4.yrs.45.V4 4�4.A;i�dress ...7,e....M... 1...h. .......sf.. .... v�.:�✓L1.5 Name of Builder .k!1.... .►-t.4 ............Address a��.!�... .��z .k1.Z�/...�� r-- Name of Architect ....Address Numberof Rooms ..................................................................Foundation 1 f /....' .... .......................................... Exierior ...... !!l..J .! 1.. [. ...........................................Roofing ..../ �. Floors / -'.... Interior ............. J/ .................�C,�.... ..�f/Gi Co . J............... 5��. 1 ..................... Heating ....4� Z,.,i_/ .....................................Plumbing ....f/ . ` !.. ....................................... Fireplace ............... .......................................................Approximate. CostR'"......................................... rem G�2v,� Definitive Plan Approved by Planning Board ---------------____-----------19________. Area ../.va....� .....................� Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH 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. Nam?... .................. ............................................. Construction Supervisor's License /.....[.. ....!......!. MERLESENA ENTERPRISES i No ...276.],Q:.. Permit for .ADQ..D .Q1MM............ ........AP.artment..Building.............................. Location ... ............................. k H� 1S.............................................. Owner ??a.. JCkC; ?x lC:S............... TYP Construction .....),x'ame........................... ...... ...................................................... ....:....... - Plot r ' ...................:... Lot ............`.................... m Per Granted �Marclz..17 t:...... ..:... ]'9 85 Dot Inspectio (:.........•......`: �� `... .1,9 -.... - Dot ompleted .... ............ ...............19 ' CL • j- ._ f. �.% y of ,.� • Assessor's map and lot number ..7. `...`., MUST P`.pF THE TD�y Sewage Permit number ...................................................... Z B>HHSTADLE, i - ` House number ..... I/- 2_S..................................................'...............' 9p0 639 ♦� MPY d` TOWN OF . BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO 4....... . .. .e....:... '?............................. e .....1. ....... ...... TYPEOF CONSTRUCTION ......... ..e.................................................................................................... 3..-.... �:............ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following nformation: Locationz .......5.V......... ..°�f(//!/ . ................................................................................. ProposedUse .....Cr.�i:. ./......1.............. ....................... ................. ................................................................... Zoning District e d.T...P..............................................Fire District ....... ....... ............................... Name of Owner C/--..1�G�........ L�rf/,..�.......... ... f2 ...Address ................................................................... ... ...........f ....Address�� -//��7 Name of, Builder ....D . ./'t�......... :.. .!�1... . C ` .. . ../?il..... Nameof Architect ..................................................................Address .........:.......................................................................... Numberof Rooms .................. ....................`.....................Foundation ...................................................................... Exterior ...........t.—. .l...e...........................................Roofing ....... .` .'.S.L... ....................................... Floors ... ..!yUr� -. .-1. 1...�1 ........Interior .... ef.r..... .................................... Heating � t........................................Plumbing ....... l .J.. l..1.:1'..#................................... Fireplace .............. .'".."Approximate Cost f. 1............................................. .. Definitive Plan Approved by Planning Board --------------------------------19--------. Area l..l.. ...�..... .... ....... Diagram of Lot and Building with Dimensions Fee y� ...... ..J............................... SUBJECT TO APPROVAL OF BOARD OF HEALTH r l 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. No ............... Construction Supervisor's Licenseal.. .......... MERr.FCF I EN-T A=327-197 k No .....27.75.6 Permit for add...to...2nd......... r Ax...apartment.............................. Location ...............2.5...Cedar...S.t.�:�.e.t......... .. ..........Hy.a nn.i s......................... ................. Owner.... .... ............ _ �• j ; `' a Typ f Construction, ....................frame......... . .................................. .......... .......... Plo .......................... Lot .. .......................... -� leranted .. `.Ap�i�, .1.6. . 1985 ,,DaInspectio"f ..`.. . .....jl�...... :19 mpleted%:................. ............19 ` S.i L • '"• � - /• i • ter^ - . /; ��. ! r 4 � n n 1 IJ A T", Tf 7" 1-A 4 + 41 C kli, 4 j IJ A-1 ...... I-A i.4_ 71 I d 7'"t ;m' n6 A 4 i-I 0 L AL L stk A 1.11C i 4Hat 5, !7-n I , . a�, IIII i.. r- i7 nd- j �j r- _E I-I ]_�I,21- ry. L.c 7 V 2- f7 30, -4` 1. -T �.I . I I P. V re j 4 1_7 4 { � I :i ' )-� } f t � ( + I .r �i r I � --H.i � }, ! � l,;:f I "i t , � � i { , � �J aIL , l-4,j �n -uh a "7 D ni i L -b ie.e. S-..-ec'� `vY �#�: 6� ,.r # r: an b o.n is 1.1 ",D t Aw t; oh-; r 7 t T_ J J h T A -7 1, 7 t [ ] [R327 197 . � ] LOC10025 CEDAR STRE CTY107 TDS] 400 KEY] 242990 ----MAILING ADDRESS------- PCA] 1111 PCS] 00 YR] 00 PARENT] 0 MERLESENA ENTERPRISES INC MAP] AREA] P015 JV1315180 MTG12012 70 MAIN ST BOX 356 SP1] SP21 SP31 UT11 UT21 .49 SQ FT] 6436 HYANNIS MA 02601 AYB11880 EYB11975 OBS] 95 CONST] 0000 LAND 27000 IMP 211500 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 238500 REA CLASSIFIED #BLDG (S) -CARD-1 1 211, 500 ASD LND 27000 ASD IMP 211500 ASD OTH #LAND 1 27, 000 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL 25 CEDAR ST HYANNIS TAX EXEMPT #DL LOT 1 RESIDENT'L 238500 238500 238500 #RR 0259 0087 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE103/85 PRICE] 149750 ORB14435/088 AFD] I LAST ACTIVITY] 10/24/95 PCR] Y A4 rt'u� 11;2 �K 1 3 J f R327 197 . *P P R A I S A L D A T A• KEY 242990 MERLESENA ENTERPRISES INC LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=PRD 27, 000 266, 200 1 A-COST 293 , 200 B-MKT BY 00/ BY /00 C-INCOME 238, 500 PCA=1111 PCS=00 SIZE= 6436 C JUST-VAL 238, 500 LEV=400 CONST-C 0 ----COMPARISON TO CONTROL AREA P015 ----------------------------- PROFESSIONAL ZONE PARCEL CONTROL AREA TREND STANDARD 101 30 LAND-TYPE 270001 LAND-MEAN +0% 2932001 IMPROVED-MEAN +o' 500-o ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 100%1 LOCATION-ADJ APPLY-VAL-STAT 1 LNR] LAND LFT/IMP] ADDS/SB/FEAT STR] STRUCTURE ARR]AREA-MEASUREMENTS NOR] NOTES COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION- [ ] STRUCTURE-CARD NO- [0 0 0] DATA- [ ] XMT [?] R327 197 . P E R M I T [PMT] ACT OR] CARD [000] KEY 242990 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR .CMP NEW/DEMO COMMENT [B27754] [03] [85] [AD] A 50001 [ ] [00] [00] [000] [NEW ] [HY ADD'N ] [B27756] [04] [85] [AD] A 75001 [ ] [01] [86] [000] [NEW ] [HY ADD'N ] [B27840] [05] [85] [AD] A 75001 [ ] [00] [00] [000] [NEW ] [HY ADD'N ] [B27610] [03] [85] [AD] A ] [ ] [01] [86] [000] [NEW ] [HY ADD'N ] [ ] [ J [ ] [ ] ] [ ] [ l [ ] [ ] [ ] [ ] [?J ARCFL IDENTIFICATION N UMBER ING I DISTRICT CODE SP-DISTS.(DATE PRINTED I STATE I pCS NBHD KEY NO. ppQpERTY OCRESS CLASS A LAND/OTMER FEATURES DESCRIPTION FACTORS y UNIT ADJ'D. UNIT ACRES/UNITS VALUE Description M E RL E S E N A ENTERPRISES I N C 197- MAP- ADJUSTMENT r_ t.rw BY/Date Sze Dimension LOC./YR.SPEC.CLASS ADJ. COND. E PRICE PRICE F fj8l,D G t S -t A R D-) 1 211 5 O Q CARDS IN ACCOUNT - - CD. FF-De th/Acres 10 18LD6.SIT 1 X .4 =10 153 50 71999.9 55079.9 .49 270.00 #LAND 1 27P000 01 OF 01 1 #PL 25 CEDAR ST HYANNIS COST 293200 A N BATHS 8.0 U X t= 100 28000.0 28000.0 1 .00 2800�0 8 #DL LOT 1 MARKET #RR 0259 0087 INCOME 238500 D USE A APPRAISED VALUE D C 238P500 D PARCEL SUMMARY A U - AND 27000 T S SLOGS 266200 A T 0-IMPS TOTAL 29320C F E I N CNST E N DEED REFERENCE TY� DATE Recorded PRIOR YEAR VALUE A T Book Page Incl. Mo. D Sales Price AND 27000 T S t 4435/088: 1:03/85 149750 BLDGS 211500 U 3387/252: I:10/83 115000 TOTAL 238500 R ! I:05/83 89900 E BUILDING PERMIT APARTMENT HOUSE. Number Date Type Amount M E A ROW 11/18/8 E S LAND LAND-ADJ INC M£ SE SP-BLDS FEATURES -8LO-ADJS UNITS 27000 28000 827610 3/ 85 AD Cons,. Total qYear Built Norm. Obsv. Class Units Units Base Rate Adj.Rate A 1.8 �1` Age Depr. Cond. CND. Loc. �Ao R.G. Repl.Cos,New Adj.Repl.Value Stories Height Rooms Rms Baths •fix. Pertywall ac. 28C 000 110 110 53.75 59.13 80 75 16 84 95 100 79.8 333601 266200 2.0 1 8 8..0 32.0 Description Rate Square Feet Repl.Cost MKT. INDEX: 1 .00 IMP. BY/D / SCALE: I ELEMENTS CODE CONSTRUCTION DETAIL S BAS 100 59.13 3072 181647 GROSS AREA 64.36 EIGHT FA GIST GPs00 T 20 60 35.48 3072 108995 STYLE------------32CONV.DWELLING-__ 0._ FO 60 35.48 56 1987 +---18-- DESIGN_ ADJMT_ _02DES_I6N _ADJUST__ 10._ R UWD 85 8.50 168 1428 28 ! ''XTER.WALLS__ _11 OOD_ SH.INGLES _-_ 0.0 C UWD 85 8.50 117 995 ! 31 HEAT/AC TYPE 03EtECTRIC_________ 0._ T UFO 60 35.48 76 2696 ++ ! NTER.FINISH 04DRYWALL ------0.0 UFO 60 35.48 56 1987 ! ! +--+ INTER.LAYOUT_ _12 AVER./NORMAL ____ 0.0 U FWD 85 8.50 12$ 1088 ! ! ! INT.ER._ OUALTY _02SAME AS _EXTER.___0.0 R UFO 60 35.48 104 3690 !52 ! FLOOR STRUCT_ 01 MOOD_ JOIST_____-- 0._ A UWD $5 8.50 12$ 108$ FLOi)R COVER 01H ------ D _ --- 0.0_ L D ♦! ! ROOF TYPE 01 GABLE-ASPH SH 0. E Total Areas Aux = 541 Base = 3072 __ _ _-- _ ---- --------- - T BUILDING DIMENSIONS ♦♦�+ ++ ELECTRICAL_ _ 01 V E R G E 0.0 A C8 UNITS) ! 101 ! F,OUNDATION__ _04 RICK_ WALLS --__ 99.9 ! 24 ! ! --------------- --- ---------------------- ! ! ! ; PROFESSIONAL ZONE L +++-+ ! ! LAND TOTAL MARKET PARCEL 27000 293200 !28 AREA ! ! ! ! 1 VARIANCE +0 +0 Se018 "' as ON AdWVMS aNVI a8 181a MOT Iv101 a8 13AV8°J HJIH "Se016 IO H31VM NMOI Hon H ti ONVI tH3M3S NMOI AIIIH 3nlVA ANI 'a03 'ad3a Iviol 331ad'111NON1 %H1d30 33IHd 133HIS HIM 1NO81 Iv101 S8013V3 aNV-1 SNOI1V1ndWOO 107 aNVI Iviol seals (0 ONVI W31 Iv101 to 1N08d 31SVM Seale 11YU aNVI Lie 1NOa11nOVdS T SCOOM IIf, IvIol HYM 'Seals ro O D Z �SZ '- 000$ Z 0 O 1NOt11 (33HV37:) ONVI � r {7„ n 3SnOH p, Iviol 3n-1VA ad3a "1V101 30I8d S3a3V do # 3d.11. a h Seale SNOI1V1ndwOO 3E)GmOV ONVI '? ' (, v .(l 2-� :31Va IV101 to / a31O3dSNI HOIbI31N1 'scale ONVI. IV101 tp 'Seals ONVI lvlol 'Seals S e ONVI Iviol 'Se018 � aNVI r 1v101 'SealsTMIA ( 1 aNVI � � • � IV101 scale . f0 `T6S i7TT T9CZ 9G-92-9 .� sale ONVI Q-9 4 H Iviol S --a6 -•Z9fi: 92-W 9 _. �, _s�, �ta�g soZ. __.QTq-xvjd' LLSI% -Seals ( S a.I ad He 31VCI a33SNVal dO GH003a <7 O L Z aNVI s (' £� L13NM0 seals `° �T s 0 o s o aNVI I FL H 46`[ LZ£ AaVwwns $ASH *I-S Xopeo 5Z 1332i1S 1 lalalsla 3a13 'ON 1O-I 'ON dVW A1t13d0Lld "1b IN3a1S3m no.Walls Fin. Bsmt.Area Bath Room Base •f CAI BLDG. COST nc.Blk.Wells.' I Bsmt.,Rec.Room IVY St. Shower Bath Bsmt. — PURCH. DATE / s nc Slab Bsmt.Garage St. Shower Est. Walls PURCH. PRICE. .22. ick Walls Attic FI. &Stairs Toilet Room Roof RENT A T T 3 GAR one Wails' Fin.Attic• Two Fixt. Bath' — D rs - INTERIOR FINISH lavatory Extra Floors 3 y mt ^F 1 2 3 Sink Plaster Attic $y�e Water Clo. Extra EXTERIOR WALLS Knotty Pine Water Only uble Siding Plywood No Plumbing Bsmt. Fin. �Gl igle Siding Plasterboard Int. Fin. �9 7- ./y Shingles. . E ?l,UJ a TILING 4 ic:Blk. G F P Bath Ff. Heat D S r1n/ QIAT s :y s,Brk..On Int.Layout Bath I/&Wains. Auto Ht.Unit � O P Veneer Int.Cond. Bath Ff. &Walls 2 Fireplace ,O n Brk.On HEATING Toilet Rm.Ff. id Plumbing Com.Brk. Hot Air Toilet Rm.Ff.&Wains. ,. ___ •{ s Steam Toilet Rm.Ff.&Walls Tiling n nket Ins. / Not Water St.Shower itins. Air Cond. Tub Area Total 24 •_• Floor Furn. 0 ROOFING ZONG S COMPUTATIONS th: Shingle Pipeless Furq. S.F. 2? od Shingle No Heat 1 L S.F. _ a --20 /9�G 6Ah; F/A Q,vT.S /ae%/ : . is., Shingle Oil Burner S F r3 3 to Coal Stoker S.F. —1420 Gas S. F. OUTBUILDINGS ROOF TYPE Electric Ile Flat S.F. 1 2 3 4 5161718 9 10 112131415 6 7 8 9 30 MEASURED Mansard. FIREPLACES S.F. Pier Found. Floor �— nbrel -i& Fireplace Stack 2 1 Wall Found. 0.H.Door LISTED FLOORS Fireplace ,j Sgle.Sdg. Roll Roofing 1c• LIGHTING Dble.Sdg. \ Shingle Roof th No Elect. D TE Shingle Wells Plumbing dwoodl✓�,/ � ROOMS Cement Blk. Electric aye ih.Tile Bsmt. 1st y< TOTAL Brick Int.Finish PR gle 2nd/(f f 3rd FACTOR '� ,- %. REPLACEMENT OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. C D. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. VLG./F ca v t13 S.t� �'"6 3 s7 -7 iL+�-co I, 2 3 3 i; y' 3, 3 TOTAL r 1Not xA: bumps te;t �- 9enee on and qate r ' .in �zont �oa acce�.. 1Zemr ve tat chive at &tight C 6 and teptace with She 2 epeed bumps. ate to C 9 Z,oA be..-terxoued gaom damage plan, i The pa", axea tis. 148Z o f lot. �3 q1 C /9 2 el i des. / i of 1.466 S 9 &w" deck tine to i ��e• a�.tee,to � ZZ i gp.td,. S �� 0 1 cat - - cace ► -3 d i ate 2-21-90 O bi � feu. 4-24-97 geu. I 6-9-97 - , ` M N ' fit ! - � N I� t ;o Adpha�t rJ A.GL Cape C, ( 49 katbolt • oad 1 ldyan", &. 0260/ ( remoue and to taae 1 t —with 9.a44. F8 Paced, i F 6AFRNSTAMS �® ® 1 BUILDING DEPT. I 2 � r�wcc SGJUN .9¢ j C !3 w g' O pole I Cedait S•4Aa 40 � t4Vj& Sketch.. Raps o$ .Cand in Rya,'(rn , Ma. 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