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0193 FAWCETT LANE - Amnesty
O �2 � Q GE 1 �CM v - i I ; �t3 �a.�� ce.�-- Lct�¢_ O 1 �'A ,r.s lt f� �r C)X P r�---ten. �-'wr" fss; ,FyaR *Z. is a'¢ � „c q�A, r� � ��. r ,�•.. � � .. ,' '�. S. kY.; arr' x . �* �2' �,.." s ' +•; ry - 1i .k 4V,(q�' 4 .w k ..,.YUl - �...? t�pt�t'.P�^^�- .'a..f»•1 �a - .r.r'fJ= .tr�aK.k*` tom.— >F 3 h' s:.�`�* .�{ry..jj - , t a� +a 'a3 .. "� :,x ..� m y x`}.t'rx P• � �t``� R„ net �1 _ w 8 r t.. '_F •{. R �. tz S-0 '7 C C� j O CI O. l�3. c�c�s —dam 0(Zn nj-�&('a bt4t4�� • P (jot VC9 Vtk- 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 necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, 1st FI., 367 Main St., Hyannis, MA 02601. (Town Hall) and get the Business Certificate that is required by law. . DATE: 7 f 2i Fill in please: APPLICANT'S YOUR NAME/S: M BUSINESS YOUR HOME ADDRESS: 193 1=aw cP Lr, �;*,F,� . , .:�.,,t��• ?7�—365—L,c/�8 /AA, i h►Z s- /A/( A e5 2 6 b l TELEPHONE # Home Telephone Number 77 3 — zti 1 E-MAIL: G YY1 t 6@ b NAME OF CORPORATION: NAME OF-NEW BUSINESS GAM-A_T 50 Y LL15Z 1 C TYPE OF BUSINESS IS THIS A HOME OCCUPATION? . E5 -NO _ 71 / ADDRESS OF BUSINESS. : 3 T' n r, NI A ©26a MAP/PARCEL NUMBER V l0 [Assessing) 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. I. BUILDING COM ISSION R'S OFF E This individua he ed f an er it r quirem rits that pertain to this type of business MUST COMPLY WITH HOME.OCCUPATION Apt oriz Si nat RULES AND REGULATIONS. FAILURE.TO 1 COMPLY MAY MMENT eT v t n d 2. BOAR OF EALTH 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: . Town of Barnstable TF1E Regulatory Services Tp� c Richard V. Scali,Director ILMMSTeai.E. Building Division M^S& g Paul Roma,Building Commissioner �i°lEo °i 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Approved: Fee: Permit#: HOME OCCUPATION REGISTRATION Date: Name: Phone#: 77�iL'-36 /!�8 Address: 143 Fd/v to t K HH a� M A Q 2 6 Village: Name of Business:A M A7.S-B MUSIC Type of Business: Map/Lot: INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes; and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit. • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not.involve the production of offensive noise,vibration,smoke,dust or other particular matter, odors,electrical disturbance,heat,.glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. • There are no commercial vehicles related to the Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. 1,the undersigned,have read and agree with the above restrictions for my home occupation I am registering. Applicant: r Date: b Homeoc.doc Rev.06/20/16 f tom, Town of Barnstable 00VO5 /0( p Expires 6 months from issue date Regulatory Services Fee �a��1_�� �, + anaxsrnst.e. MASS. $ Richard V.Scali,Director 1639. ♦� AjFp��A _ �1g_D v1 -- Tom Perry,CBO,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number Property Address 4 Ae u e " OS Residential Value of Work$ PD S • — Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address Se,;./ L.4& S7W tz— /4 ;3 jJ—"`_4ly.CQ_- T i C. Af Contractor's Name /"a g , TZ eoA.1r&4z,mde 1 Aj,:Z . Telephone Number a'-D Home Improvement Contractor License#(if applicable) / 6 7 7,..:j� Email: ec- 22m.- z e9P 256-14.aw Construction Supervisor's License#(if applicable) _j%f Jihr> ❑Workman's Compensation Insurance Check one: h,� ❑ I am a sole proprietor A!Eti� — 6 t�li4 ❑ I am the Homeowner Y I have Worker's Compensation Insurance TOXIN OFBARNSTABLE Insurance Company Name L /a> n ry M uhy fj L Workman's Comp. Policy# w C. 5 " !g / 3 Z 3 (�� Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) [� Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to Q V/2 RJ<-- ❑ Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows/doors/sliders.U-Value (maximum.35)#of windows #of doors: ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. Separate Electrical&Fire Permits required. *NVhere required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License&Construction Supervisors License is required. SIGNATURE: Q:\WPFILES\FORMS\building permit forms\EXPRE doc Revised 061313 r The Commonwealth of Massachusetts 1 _.r u ►r�� i__ I Department of Industrial Accidents Office of Investigations 1 Congress Street, Suite 100 zv 1 Boston,MA 02114-2017 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/organization/individual): /�?a , tZ. a� 4M f2. /A/C, Address: /,r 14 cto v` is-ram'. �► r�l Ci /State/Zi : Vv A L P o L -i_• 1i ace 'i Phone#: Are you an employer?Check the appropriate box: Type of project(required): 1.(9 I am a employer with 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors G. ❑New construction 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 working for me in any capacity. employees and have workers' 9 ❑Building addition [No«orkers'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 11. Plumbing repairs or additions myself. [No workers comp.' right of exemption per MGL 12.❑Roof repairs insurance required.]t c. 151 §1(4),and we have no employees. [No workers' 13.❑ Other comp.insurance required.] ¢Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the subcontractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an eMloyer that is providing workers'compensation insurance for nay employees'. Below is thepopicy and job site information. Insurance Company Name: 1 13 t✓d- T% ��'�t_+TC 4 4— Policy#or Self-ins.Lic.#: Vit C R — 3{ S .3 3,L 3 6 4, Expiration Date: Job Site Address:�F��e T✓4A/ /7�y`r4x W� City/State/Zip: M 4- Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine 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$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby I under the zains and enalties o er' that the in formation prm�ided abrn�e is true and correct. Si ature: Date: Phone#: lJ do 6 e Official use only. Do not write in this area, to be completed by city or town official City or Town: Permit/License# Issuing Authority-(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#: Mar. 18. 2014 11 :05AM No. 5272 P. 1/1 CERTIFICATE OF LIABILITY INSURANCE I DATE(WMIYYY91r) THISCER CER7IFICA E1C OE 1@ 13SNOT AF A9 A MATTER OF INFORMATION ONLY AND CONFER$NO RIGHTS UPON THE CEKTIRCATE HOLDER.THIS 4 CERTIFICATE DOES NOT AFFIR1wATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TFIIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE WSUMi0 MURER(B), AUTHORIZED RE'RESENTA11VE OR PRODUCER,AND THE CEMFiCATE HOLDER, the famA : ff the cafe holder is an ADDITIONAL INBU ,the policy(ie$. Trust a endorsed. H @ TI N 13 WAIVED,subject to the terms and conditions ofthe policy,certain policies may requft an endorsement A statement on this certificate does not confer riot$to the certificate holder in lieu of such andorsemen PAODJcER Cq N John g PattME erson Insurance Y NAM 190 Washington Street - 0 0 �x N (781I 329-667d PO Sox 3600 Ess: Westwood, MA 02090 MUM 8A11 RDINGCOWRAGE NAIC0 INSURED IN>R)RERA:Norfolk DO t 1 Morita Contractors, Inc. I RERB;L' rt Mutual u 15 Hoover Road ]INSURER C: Walpole, MA 02081 1 R 0; 1 COVERgGE$ 1 P; CERTIFICATE N UMBER: REVIB10N NUMBER: THIS IS TO CERTIFY THAT DIN POLICIES ANYRE OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WI41CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED I3Y THE POLICIES DES(RIIBEI)HEREN IS SUBJECT TO ALI,THE TERMS. EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN RED1 FD BY PAR)CLAIMS. R-TWEOPIN§YRANCE AWL SU INeER M E P POLI A GENERALLIAINMY URrTB R0205927 216/14 2/6/15 EACH OCCURRENCE $ 1 000 000 ERCLAL GENE MI.LIA84ITY a TU QN -- CLAI6F,SJwAI?E a OCCUR Q QQO NE D EJQ+ eY ore PB'so) $ 5 0 PERSONAL&ADVINJURY $ Z OQO 000 GENE1141.AGGREGATE $ OQ 000 GeN'LAGGREGAYE LdNI7APPLai$PER ICY P LOC PRODuCTS'CobIPOPAGO $ 2 00 OoD AUTOMOBILE LIABILITY $ A 91021448A, 2/7/14 2/7/15 aa�n ANY AUTO BODILY INJURY(Per erson) $ AUTOS ALLO�D x SCHEDULED P _ —N D 80DILY INJURY(Per woldent} $ HIREDAUTOS $ er i nl uMR6LLAUAe aocuR EKCES$LIA6 EACHOCCummiNCE S cuLlr�S IwwOE AGGREGATE S R TION S B >wKER$coNN AND ENPIOTRs•uASIUTY YIN W05-31S-332366 2/6/14 2/6/15 A - OFFICEOPRDRmwgx 0 NIA E.L. OH CQOENf X0 0 4darldwa"hi NH) Fa 100,000 If dRtPN nar L OPERATIONShebw E 41S ICY L DESCRIPTIONOPOPERATION$ILOCArON8/VElNCLES(AftechACORD141,Addmonw Ran"Sehatme,Nnwro since Isragdrod) CERTIFICATE HOLDER CANCELLATION SHOULDANY OF 1HE ASOVL DE$CRIaBp pOLICIES BE CANCULLEC BEFORE THIII EXPIRATION DATE Town Of Falmouth ACCORDANCE WITH THE POLICY MCM3JO NOTICE WILL 9E DELIVERED IN Inapeetional SerV:Loea 59 Town Hall Square AU7WRIZED REFREssNTATnre Falmouth, MA 02540 John M. Patterson CFCU 01988-2010ACORD CORPORATION. All rights reserved. ACORD 25(2010MS) The ACORD rtarrm and logo are registered marks of ACORD Phone- (500) 548-4290 Fa(: (508) 540-8253 E-Mail: f Massachusetts - Department of Public Safety �J Board of Building Regulations and Standards t.iinstruction SupeaN License: CS-029456 kti EDWARD C MORfTZ - 15 HOOVER RD WALPOLE MA 02081 '" Expiration Commissioner 09/11/2015 /�c`tGa»rirroirrac�rlfl nfn,j�ut,:rcctrr�r'l/• _.. __.__ t, _ Office of Consumer Affairs&Business Regulation LicQr►se or reg►sti ation valid for indivtt}ut use only ME IMPROVEMENT CSONTRACTOR before the expiration date. If found return to egistration: 107729 Type: Office of Consumer Affairs and Business Regulation piratior.: 8/5/2014 Private Corporatic. 10 Park Plaza-Suite 5170 Boston,MA 62116 MORITZ CONTRACTOR INC. Edward Moritz .5 Hoover Rd Na�pole,MA 02081 Undersecretary Not valid with : si nature Office of Consumer Affairs & Business Regulation- Mass.Gov Page 1 of 1 The Official Website of the Office of Consumer Affairs&Business Regulation(OCABR) '` - Consumer Affairs and Business Regulation `� }? �a� A Home Consumer Rights and Resources Home Improvement Contracting HIC Registration Complaints Registration# 107729 Home Improvement Contractor Registrant MORITZ CONTRACTOR INC. Registration Home Page Name Edward Moritz Address 15 Hoover Rd City, State Zip Walpole, MA 02081 p Expiration Date 08/05/2016 Complaints Details No complaints found for this registrant. You can also view arbitration and Guaranty ry.Fund histo . Back To Search http://services.oca.state.ma.us/hic/licdetails.aspx?txtSearchLN=7702 8/6/2014 i MORITZ CONTRACTOR INC 23 ATWATER DR. FALMOUTH, MA. 02536 ph. &fx. 508-540-8253 Ms. Regina Schlageter 193 Fawcett Ln. Hyannis, Ma. 02601 7-14-14 Enclosed please find a proposal for roofing at the above address General Use tarps to protect the house and grounds Remove all existing roofing material from the :house and garage Remove all debris to a qualified disposal site Install 30 year rated architectural style asphalt roof shingles- 'Certainteed" brand- color of choice 3' of ice and water membrane along the eaves #15 felt tarpaper under the rest New 8" aluminum drip edge along the eaves ,New ridge vent New aluminum vent stack flanges 6 nails per shingle- storm nailing Price includes all necessary labor, materials permit and fees Cost: $7750.00 Replace soffit and fascia and replace gutter on garage- match price of competitor for labor and materials Lr>-S.r3cts Payment schedule: 60% down ( 4650.00 roof) plus extra repair costs and 40% at finish ( 3100.00 roof) plus extra repair costs Homeowne . Contractor: _2_ TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION TOWN OF BARNSTA"Bi B Map 6 Parcel Application Health Division R 16 PM3 03 Date Issued a oZ Conservation Division Application Fe Planning Dept. OWN "'""�°°- Permit Fee : Date Definitive Plan Approved by Planning Board p<< Historic - OKH _ Preservation / Hyannis Project Street Address 8 1 u.W CC* L an e Village ki"1S4 Owner a P o So Address Telephone - o S q T Permit Request �1I I- 30 cellwkose m\c1 14 BC5\ s A-v i-►,e Crawl ,ace CA 6&scmol lboX Sill resteclire�r• k� Seal �4kc 061c Olane un� boeMt(%-' js,+' eAw% ►, s kvm%, � o Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation ' a �6 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 11 6 S Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing _new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size—Pool: ❑existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes X No If yes, site plan review # Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Q Name , 1, M �Co\,Lskc,.', Telephone Number Address �"� '�Ti TOr� ve License # .,-G Iri't`4-16 5oA �ff.01\0%k 0 d Ly Home Improvement Contractor# Worker's Compensation # \ W C 3 3.5 3 l b ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO &C(ha\c " SIGNATURE DATE 4 i t FOR OFFICIAL USE ONLY �AQPLICATION# DATE ISSUED MAP/PARCELNO. ADDRESS VILLAGE OWNER 1 DATE OF fy INSPECTION: FOUNDATION S FRAME INSULATION f FIREPLACE - ELECTRICAL: ROUGH FINAL s PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING r• DATE CLOSED OUT ASSOCIATION PLAN NO. f The Commonwealth of Massachusetts Industrial Accidents -- Department of Office of Investigations 1 congress Street, Suite 100 k Boston,MA 02114-2017 www.mass.gov/dia -._--Y Workers Compere sation Insurance Affidavit: EuilderslContractorslElePlease Print Le b1 A licant Information Marne (Business/Organization/Individual): Cape Save Inc. Address: 7D Huntington Ave Phone#: 508-398-0398 City/State/Zip: South Yarmouth, MA 02664 Type of project(required): Are you an employer? Check the appropriate b I am a general contractor and l 6. 0 New construction l.0 I am a employer with have hired the sub-contractors employees(full and/or part-time).' listed on the attached sheet. 7. Remodeling 2.❑ I am a sole proprietor or partner- These sub-contractors have g. [] Demolition ship and have no employees employees and have workers' 9 Building addition working for me in any capacity. comp. insurance.- 10.❑Electrical repairs or additions II ' comp.insurance [No workers 5. 0 We are a corporation and.its required.] officers have exercised their l l.❑ Plumbing repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL 12.❑ Roof repairs myself. [No workers comp. c. 152 § , and we have no 13.El Othe r Insulation insurance required.] t employees. [No workers' comp. insurance required.] fill licy Any applicant that checks box h s affidavit audicatingtthey the aretdoing alion l work and hen hire outside contractors showing their workers'compensation matt submit anew affidavit indicating such. Homeowners who submit t *Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. if the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Technology Insurance Company Policy#or Self-ins. Lic.#: TWC3353968 Expiration Date: 04/09/2014 Job Site Address: �b 0.uJ c City/State/Zip: C�( and �expirat�iondate). Attach a copy of the workers' compensation policy declaration page(showing the policy number 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. 1 do herehy certi under the ains and penalties of perimiylthat the in ormation provided above is true and correct. Si nature: Date Phone#: 508-398-0398 Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1. Board of Health 2.Building Department 3. City/Town Clerk 4. Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#: J 7 ® DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 4/9/2013 TH�RTIFICATE IS ISSUED AS A (NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pol(cy()es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ° A Colleen Crowley NAME: Risk Strategies any laic N (781)986-4400 FAC No:(761)963-4420 15 Pacella Park DriveADDRESS* Spite 240 INSURERS AFFORDING COVERAGE NAIC S Randolph MA 02368 INSURER A:Selective Insurance INSURED INsuRERB:Safety Insurance COmPanY 33618 Cape Save, Inc INSURER C:Technology Insurance Ccmany 7 D Huntington Ave INSURERD: INSURER E: South Yal mouth M 02644 INSt1RERF COVERAGES CERTIFICATE NUMBER:CL134960509 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L POLICY EFF POLICY EXP LIMITS TR TYPE OF INSURANCE POLICY NUMBER MM1DDMMIDD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -DAMAGE T N 100 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ A CLAIMS-MADE FX OCCUR 199448001 0/16/2012 0/16/2013 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,0001 X POLICY PR� LOC $ M AUTOMOBILE LIABILITY Easaident SINGLE LIMIT 1,000,0001 BODILY INJURY(Per persori) $ B ANY AUTO ALL OWNED SCHEDULED 208200 1/6/2012 1/6/2013 BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE NON-OY+WNED Peracci ent $ X HIRED AUTOS N AUTOS X Underinsured motorist el s tit $ 100 000 A X UMBRELLA LIAB rd OCCUR 199448001 0/16/2012 O/16/2013 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ $ C WORKERS COMPENSATION fficers Excluded from X \M1CSTATU- OTH- AND EMPLOYERS'LIABILITY T RY LI ITS ANY PROPRIETORIPARTNERIEXECUTIVE Y 1 N overage E.L.EACH ACCIDENT $ 500,00 0 OFFICERIMEMBER EXCLUDED? � NIA /9/2013 /9/2014 (Mandatory in NH) 3353968 E.L.DISEASE-EA EMPLOY $ 500,000 It yes,describe under E.L.DISEASE-POLICY LIMIT $ 500,00 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,it more space Is required) Issued as evidence of insurance. National Grid Corporate Services LLC d/b/a National Grid, d/b/a Boston Gas Company, d/b/a Essex Gas Company, Action Inc. , and Housing Assistance Corporation are listed as additional insureds as respects General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION (508)790-2425 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Housing Assistance Corp 484 Main Street AUTHORIZED REPRESENTATIVE Hyannis, MA 02601-3698 chael Christian/CLC ACORD 25(2010105) O 1998-2010 ACORD CORPORATION. All rights reserved --- --'- --'- -s Arno% r a . ! �® Housing �4 Assistance Corporation Cape Cud HOME OWNER!RESIDENT WEATHERIZATION WORK PERMIT& FUEL RELEASE: PLEASE FILL OUT AND SIGN THIS FORM IF YOU ARE �� THE APPLICANT HOME OWNER. I ���it Al X- hereby consent to and agree that weatherization work may be done by the Weatherization Program of Housing Assistance Corporation ( herein after referred as "Agency") on the property located at: ��� r�1� 0�:3tcG 4 J The weatherization work done will be based on programmatic priorities and availability of funding and it may include all or some of the following measures: Weather-stripping &caulking of windows and doors, insulation of attics, sidewails & basements, attic and other ventilation measures and possibly replacement of badly deteriorated windows. In consideration of the weatherization work to be done at my home I agree to the following: 1. I give permission to the"Agency" its agents and employees to travel onto or across said property with such equipment and materials as may be necessary to perform weatherization work on said property. 2. The Housing Assistance Corporation reserves the right to inspect the fuel or utility bill for the weatherized unit on an ongoing basis for no more than five (5)years after the weatherization work is completed. I have read the provisions ss-of this agreement as listed and freely give my consent. Home Owner: (Signature) `";L~n�: Date: j__ l 3 f Agent: (signature) VA iv j Date: _ HAC approved Weatherization Company: V It, Adam T Incorporated All Cape Energy Cape Cod Insulation Cape Save - Frontier Energy Solutions Lohr Home Improvement Resolution Energy lassacltuutts- Department of Public Safety Board Of Building Retrulatians and Standards Construction Supervisor Specialty License License: CS SL 102776 Restricted to: IC WIL-LIAM MC CLUSKY } 37 NAUSET ROAD WEST YARMOUTH, MA 02673 Expiration: 6/28/2013 ('..tnroissi.niy Tr=: 102776 12 Office of Consumer Affairs and Business Regulation 10 Park Plaza- Suite 5170 p'�'' Boston, Massachusetts 02116 Home Improvement Contractor Registration Registration: 171380 = Type: Corporation Expiration: 3/14/2014 Tr# 222184 CAPE SAVE INC. - WILLIAM McCLUSKEY 7-D HUNTINGTON AVENUE SOUTH YARMOUTH, MA 02664 Update Address and return card.Mark reason for change, Address _ Renewal _ Employment Lost Card PS-CAI 0 50h-14 /04-G101210 - J1e La�rzvccncusal�-01;ill ac�uaeCG License or registration valid for individul use only -3.- office of Consumer Affairs&Business Regulation before the expiration date. If found return to: HOME IMPROVEMENT CONTRACTOR s �_ �•r= Office of Consumer Affairs and Business Regulation Registration: . 171380 Type: 10 Park Plaza-Suite 5170 s ,_- Expiration: 3/14/2014 Corporation Boston,MA 02116 WILLIAM MCCLUSKEy .', 7-D NUNTINGTON AVENUE. SOUTH YARMOUTH,MA 02664 Undersecretary Not valid wit d signs r oFtKWE� Town of Barnstable Regulatory Services s..iuvsrna,.e. � g 1'y y MASS. •i639 �0 AjFO 39 a Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Cindy Dabkowski FROM: Lois Barry DATE: 5/4/10 RE: AMNESTY CERTIFICATE Here is the Amnesty Certificate of Compliance (original for applicant and copy for your records) for: 193 Fawcett Lane, Hyannis J030623a oFt lg,,, Town of Barnstable Regulatory Services * BAM WABLE, 9 MASS. Thomas F. Geiler, Director �p i679' ♦� tF1639^ 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 4, 2010 Ms. Regina R. Schlageter 193 Fawcett Lane Hyannis, MA 02601 Re: Amnesty Apartment Dear Ms. Schlageter: Enclosed is the Certificate of Occupancy for your Amnesty apartment. We have prepared the Amnesty Certificate of Compliance and forwarded it to the Amnesty Program Coordinator, Sincerely, Lois Barry Division Assistant Enclosure amnco Amnesty Program M 5 . Helping to make affordable housing possible. i -','�wn o tab f Bamv le ;Z U Certificate of Com fiance P This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code and Town of Barnstable zoning ordinances in accordance with the Amnesty program. Owner Regina R. Schlageter Y Location 193 Fawcett Lane, Hyannis,.MA M. T., Unit Capacity n bedroom not to exceed two people ,> Inspector M/P No. 270106 5/3/20'10 �t Town of Barnstable Building Department - 200 Main Street Hyannis, MA 02601 b 9. , ' (508) 862-4038 CFO MA't A Certificate of Occ u anc p Y Application Number: 200903799 CO Number: 20100061 Parcel ID: 270106 CO Issue Date: 05/03110 Location: 193 FAWCETT LANE Zoning Classification: RESIDENCE B DISTRICT Proposed Use: SINGLE FAMILY HOME Village: HYANNIS Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: AMNESTY APARTMENT ISSUED TO REGINA R. SCHLAGETER Building Department Signature Date Signed i TOWN OF BARNSTABLEBuilding Application Ref: 200903799 BARNSTABLE, Issue Date: 03/22/10 Permit 9 MASS. �ArFG N39. A Applicant: SCHLAGETER,REGINA R Permit Number: B 20100445 Proposed Use: SINGLE FAMILY HOME Expiration Date: 09/19/10 Location 193 FAWCETT LANE Zoning District RB Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel 270106 Permit Fee$ 25.00 Contractor PROPERTY OWNER Village HYANNIS App Fee$ License Num OWNER. Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND I AMNESTY APT OVER GARAGE, 1 BR, OFFICE/TV ROOM WITH 5' THIS CARD MUST BE KEPT POSTED UNTIL FINAL, OPENING,KIT&BATH INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: SCHLAGETER, REGINA R BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 1,93 FAWCETT LN INSPECTION HAS BEEN MADE. ° HYANNIS, MA 02601 Application Entered by: PR Building Permit Issued By: -Pak� THIS PERMIT CONVEYS NO.RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.' \ STREET OR ALLY:GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPI1CANT 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). P ® mom 777, ® a r. e x BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 1 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health '�pv v Me) ,g ,�,,,r � to � 1 [p a q 0,wV TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map-a� 0 Parcel 0 Application Health Division Date Issued �7/1 7 Z";> Conservation Division Application Fee X Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic:- OKH Preservation / Hyannis Project Street Address C, r`64 LA) C ci t• Lc InC. Village 1-4 `� n ICI N i S Owner GI�C� Sr h ( a G C fie r Address 1 G 3 r6k IAYe tt Lc, nE' H Telephone .�7(� 16 30 Permit Request, /4m ee �T 0 VW U `n c Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District 1� 1� Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size ► a 3 Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family �9' Two Family ❑ Multi-Family(# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: GYFull ❑ 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; °om Couaf� r, � Heat Type and Fuel: Gas ❑Oil ❑ Electric ❑ Other °a 9 = a ,�, ~� —n Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stow ❑des ❑ No Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ 6�isting la nevw�size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization I/ Appeal # a 009-0 2J Recorded Commercial ❑Yes U No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name G l 7� C�LA I e;2 Telephone Number LJ b cl 6 f Address lq3 rt4 1,/C v7, ` 4 ty kv License# Home Improvement Contractor# Worker's Compensation # L CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE b r— • FOR OFFICIAL USE ONLY _ w :T APPLICATION# • . 6 Z DATE ISSUED MAP/PARCEL N0. ADDRESS VILLAGE OWNER }, DATE OF INSPECTION: FOUNDATION I; FRAME INSULATION Y Il,t FIREPLACE I ELECTRICAL: ROUGH FINAL s PLUMBING: ROUGH FINAL } GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. i IV 1197 133 0 t7-1:4 i-2000 4 m Oi_ BARNSTABLE LAND COURT REGISTRY BARMABLJ '09 JUN 18 All A2 rEUMAr� Town of Barnstable Zoning Board of Appeals Decision and Notice �- Comprehensive Permit No. 2009-021 - Regina R. Schlageter - To legalize the use of a separate one-bedroom living unit as an amnesty unit pursuant to Chapter 9 Article II r4 Section 14 of the Code of the Town of Barnstable Applicant: Regina R. Schlageter Property Address: 193 Fawcett Lane Hyannis, MA 02601 Assessor's Map/Parcel: Map 270, Parcel 106 Zoning: RB Zoning District Deed Reference: Certificate number'170946. Applicant: The applicant is Regina R. Schlageter, who resides at 193 Fawcett Lane Hyannis, MA 02601. Ms Schlageter is the owner as evidenced by a deed recorded in Barnstable Land Court Registry on ll1 October 20, 2003 Certificate number 170946. Locus & Background: The subject property is a 0.23-acre lot initially developed in 1967. Today the Cape Cod style, one and 1/2 —story dwelling has 1,544 square feet of living area. The lot is served by public water and private on site sewer. The public Health Division has no objections to four (4) bedrooms at this property. At some point two (2) additional living spaces that included kitchen area, living area and sleeping area were added, one situated in the attached garage section of the dwelling and one was added to the upper level of the home. Ms Schlageter was directed to remove the separate living space in the upper level of the home. Building permit number B 20082497 does reference elimination of two bedrooms by opening cased opening to five feet and eliminating the kitchen on the second story. Once the work is completed the applicant does meet minimum requirements of applying for this comprehensive permit. Relief Requested: Ms. Schlageter has applied for a Comprehensive Permit pursuant to Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Chapter 9 Article II of the Code of the Town of Barnstable. More specifically Section 14, the Amnesty provisions of the "Accessory Affordable Housing Program" for the additional living space in the dwelling. This permit is sought to correct the situation of a pre-existing and unpermitted apartment unit as provided for in Town's Accessory Affordable Housing Program provided the unit is restricted to being affordable housing for qualified persons as required under Chapter 40B.' The zoning relief necessary for this Comprehensive Permit is to Section 240713.A (1) Principal permitted uses in the Residential RB Zoning District to permit a second independent living.unit in 1 Town of Barnstable,Zoning Board of Appeals Decision and.Notice, Comprehensive Permit No. 2009-021 -Regina R.Schlageter the single-family dwelling_ The issuance of this Comprehensive Permit would allow for an approximately 650 square foot, one-bedroom living unit to remain only if the unit is used as an accessory affordable apartment unit and the main part of the dwelling is owner occupied. Procedural & Hearing Summary: The applicant initially made contact with the Accessory Affordable Apartment Program Coordinator and completed the Site Approval Application in November.20, 2008. Notice of the site approval application was submitted to the Department of Housing and Community Development on November 20, 2008, in compliance with 760 CMR 56.00 "Comp. Permit; Low or Moderate Income Housing" , Based on that application, Town Manager, John C. Klimm issued the site approval letter on April 14, 2009. A copy of which was also transmitted to the Department of Housing and Community Development in accordance with the requirements of CMR 760 Section 56.04. An application for a Comprehensive Permit was filed at the Town Clerk's Office on April 17, 2009. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on April 24, 2009 and May 1, 2009, and notice sent to all abutters.in accordance with MG L Chapter 40A. On May 20, 2009, Hearing Officer, Laura F. Shufelt opened the public hearing at 6:05 p.m. The applicant, Regina R. Schlageter, was present at the hearing. Cindy L. Dabkowski, the Accessory Affordable Apartment Program Coordinator with the Growth Management Department was also present. Ms Schlageter gave a brief explanation of the unit and cited that she understood the requirements of the program and the fact that she would occupy the home as her primary residence and the apartment unit would only be occupied by a qualified income tenant as year round affordable housing. Ms Shufelt reviewed the file with the applicant to assure compliance with all of the program requirements. It was also noted that the comprehensive permit is not transferable and violation of the rules is cause for a hearing to rescind the permit. Public Comment was requested and no one spoke in favor or in objection to the granting of the comprehensive permit. Ms Shufelt noted the proposed conditions that would be imposed in the permit and the applicant cited that she understood the proposed conditions and consents to abide by them. At that point, the Hearing Officer closed the hearing for public comment and proceeded to make a finding to grant the permit and imposed conditions on the permit. Findings of Fact: ..At the hearing on May 20, 2009 the Hearing Officer made the following findings of fact. First with respect to standing- the Jurisdictional Requirements of the applicant to apply for a Comprehensive Permit under MGL Chapter 40B as identified in CMR 760 Sections 56.04 and the Town of Barnstable General Ordinance Chapter 9, Article II: 1 The applicant is Regina R. Schlageter. Regina R. Schlageter resides at 193 Fawcett Lane Hyannis, MA. The applicant requested a Comprehensive Permit for an existing one-bedroom apartment within the garage attached to the single-family dwelling as an accessory affordable apartment unit. The conversion of the unit to an accessory affordable.unit attached to the 2 Town of Barnstable,Zoning Board of Appeals L Decision and Notice, Comprehensive Permit No. 2009-021 -Regina R.Schlageter owner-occupied residential dwelling qualifies for the "Accessory Affordable Apartment Program" as an amnesty unit. 2. Regina R. Schlageter owns the property as evidenced by deed recorded at the Barnstable County Land Court Registry on October 20, 2003 Certificate number 170946. 3. On April 16, 2009, a site approval letter was issued for the property by Town Manager John.C. Klimm,.in accordance with MGL Chapter 40B and 760 CMR 56. Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of 760 CMR 56.04 (2), and no issues were communicated from the Department on this particular application. Second, with respect of consistent with local needs 1. According to information submitted, some time before 2000 an independent one bedroom living unit of approximaly 650 sq.ft. was created. The apartment is located within the attached garage. No valid variance or special permit was ever issued for the creation and use of that independent living unit. .The one bedroom living unit qualifies for this comprehensive permit under the amnesty program provisions of Chapter 9, Section 14 of the.Code of the Town as the unit existed prior to January 1, 2000. 2. 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. 3. The house is served by public water and on site sewer. The proposal has been reviewed by Thomas McKean, Health Director, and the property is approved for a total of four (4) bedrooms. 4. On November 20, 2008 the applicant signed an Accessory Affordable Apartment 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 County Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as the applicant's primary residence. 5. The applicant understands that the affordable unit will be rented to no more than two persons whose income is 80 or less of the Area Median Income (AMI) of the Barnstable Metropolitan Statistical Area (MSA) and further agrees that rent (including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the Town of Barnstable shall be deducted from rent level so calculated. 6. According to the Massachusetts Department of Housing and Community Development, as of September 9, 2008, 6.8% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan encourages the. use of existing housing to create affordable units and the dispersal of these units throughout the town. Summary: Based upon the Findings of Fact cited above, the Hearing Officer ruled that; • The applicant Regina R. Schlageter has standing to apply for-a Comprehensive Permit under . MGL Chapter 40B and the Town of Barnstable's Accessory Affordable Housing Program, and 3 r Town of Barnstable,Zoning Board of Appeals Decision and Notice, Comprehensive Permit No. 2009-021 -Regina R.Schlageter • Ther proposal is deemed consistent with local needs because it ade Y uatel promotes the q 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: Hearing Officer Laura F. Shufelt ruled to grant the Comprehensive Permit in accordance with MGL Chapter 40B and Chapter 9 of the Code of the Town.of Barnstable to Regina R.Schlageter for property at 193 Fawcett Lane Hyannis, MA. It is issued to allow for a one bedroom accessory affordable apartment unit in accordance with.the following conditions: 1. Occupancy of the affordable unit shall.not exceed two (2) persons. 2. The total number of bedrooms on the property shall not exceed four (4). 3. Regina R. Schlageter shall occupy the dwelling as her primary residence for this permit to be in effect. 4. This unit shall not be occupied by a family member. 5. All parking for the accessory apartment and the main dwelling shall at all times be on-site. 6. None of the bedrooms shall be rented.to lodgers for the duration of this comprehensive permit. 7. To meet the requirements of affordability, the cost of housing (including utilities) shall not exceed 30% of 80% of the median income for the average of a one-person and two-person household for the Barnstable MSA. In the event that utilities are separately metered,.the utility allowance established by the Town of Barnstable shall be deducted from rent level so calculated. 8. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the Accessory Affordable Apartment Program. 9. The Growth Management Department shall serve as the monitoring agent for the accessory apartment. Annual monitoring shall include verification of tenancy, affordability, and compliance with Housing Quality Standards (HQS). The fee for the initial monitoring of affordability and annual certification and inspection of the accessory unit shall mirror the fee charged by the Health Department for the rental registration program. Currently that fee is $90 annually. 10. The applicant shall apply for a building permit for the pre-existing accessory unit. Prior to securing an occupancy permit and certificate of compliance, the Building Commissioner shall determine that the unit conforms to the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division shall determine that the property is in compliance with applicable on-site wastewater discharge requirements. 11.The applicant may select her own tenant. The tenant shall meet 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 tenant. The applicant will be required to work with the Town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual. Whenever a vacancy occurs, notice must be given to the Growth Management Department and the unit must be listed with the Town. . 4 L 'a Town of Barnstable,Zoning Board of Appeals Decision and Notice, Comprehensive Permit No. 2009-021 -Regina R.Schlageter 12. Every twelve months the applicant shall review the income eligibility of the tenants 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, as Monitoring Agent, an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant and/or tenant shall provide the Town any additional information it deems necessary to verify the information provided in the affidavit. 13. Upon any report from the Monitoring Agent that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or its Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 14. This Comprehensive Permit shall not be transferableto 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. 15. This Comprehensive Permit shall be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit No. 2009-021 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 1.1 of the Code of the Town of.Barnstable. If after fourteen (14) days from that transmittal and the Members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become fiinal`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 Town Clerk's Office. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22 I, Laura F. Shufelt, as Hearing Officer for the Zoning Board of Appeals certify that a copy of this decision was transmitted to the Members of the Zoning Board on June 3, 2009 and that 14 days have elapsed with no action taken by any member of the Board to reverse the decision. a� s o Laura F. Shufelt, Hearing Officer Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts,,hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision arY,d that no appeal of the decision s be filed in the office of the Town Clerk. Signe .and sealed this day under the pains and,penalties of perl ryj%- Linda Hutchenrider, Town Clerk 5 Doc: 1 v i l l?Y 1 4 0 i-16-2009 4:00 BARNS T ABt_E t_A�sb COURT. REGISTRY REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 15�b day of July, 2009,by and between Regina R. Schlageter of 193 Fawcett Lane Hyannis, MA 02601 and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the "Municipality"),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General'Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an . owner occupied dwelling which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree (� as follows: I. PROJECT SCOPE AND DESIGN: A The terns of this Agreement and Covenant regulate the property located at 193 Fawcett Lane Hyannis, MA 02601 as further described in deed recorded herewith as Barnstable Land Court Registry on October 20, 2003.Certificate number 170946. 1� B. The Project located at 193 Fawcett Lane Hyannis, MA 02601 will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the"Designated Affordable Unit" or the."Unit"). Lo C. The Owner agrees to construct the:Project in accordance with the terms of comprehensive permit Appeal No. 2009-021 and any plans submitted therewith and all applicable state,federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable . Land .. Court Registry ,document &certificate of title D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES• A THE OWNER HEREBY REPRESENTS;COVENANTS AND WARRANTS AS FOLLOW- 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be.set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of. 80% of the Area Median Income (AMI) of Barnstable MSA and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level.. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this.Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not. result in the creation or imposition of any prohibited encumbrance of any nature: 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,.suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against.or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of.this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of.the.Area Median Income (AMI) of Barnstable Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA_ in the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the.Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall:also be forwarded to the Monitoring Agent within 30 days of.the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. Z f V. 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. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth.below,or to such other place as a party may from time to time designate. by written notice. VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. VIII. 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 Land Court Registry on October 20, 2003 Certificate number 170946 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 Land Court Registry on October 20, 2003 Certificate number 170946. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case 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. 3 `p X. SUCCESSORS AND ASSIGNS: A The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i)that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's 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: XI. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to.secure payment of such costs and expenses. The Monitoring Agent mayperfect such alien on the Project 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. XII. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees pf the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement: IN WITNESS WHEREOF we hereunto set our hands and seals this dal'of�� 0 2009. OWNER BY: Si 7trl�� Printed (� el2 COMMONWEALTH OF MASSACHUSETTS County of Barnsta. ss: On t ' I I —day o 2009 before me,the undersigned notary public,personally appeared theI Owner(s),proved to me through satisfactory evidence entification,which were ,to be the person(s) whose name(s) is signed on the preceding or a ached documen d acknowledged to be that he/she signed it voluntarily for the stated purposes. 4— - Notary Public Printed: U My Commission Expires• � ;J/U r NfQ� 4 NOfw etc OF K#A&#*fU8ETTS -� 3 gc"p Q 1. TOWN OF B STABLE BY: TOVINWANAGER COMMONWEALTH OF MASSAC HUSETTS County of Barnstable,ss: On.this JAY of 2009 before me,the undersigned notary public;personally appeared Jo ,th Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were��F.e— K '.�bffi .to be the person whose name is signed on the preceding or attached document and ac owledged toe/she signed it voluntarily for the stated purposes. r Notary P lic ';��. a MAO Printed: Oq&,(//�y,,-. My Commission Expires: has U - C-' �- 5 �{ - Parcel Lookup Page 1 of 1 I€ - �.''�r',E0 Logged In As: - �-•t� Pa 1Y�ce[ Lo O ku p Monday;Aug Road Lookup Condo Lookup Multiple Address Lookup Reports Search Options Search By Ter I, Owner Name SCHLAGETER ft 211- <Prev Next> Page 1 of 1 Rows/Page Parcel Location FSCHLAGETER, Village Ma 270-106 193 FAWCETT LANE ER, REGINA R HY 27( 291.-28 6-C NEMARA CIRCLE REGINA RHY 29' FT\A'C_ , z CCC ` 111 f'` . 1 cs ry ' SMOKE DETECTORS REVIEWEQ , BARNSTABLE BUILDING DEPT. DATE f FIRE DEPARTMENT DATE , BOTH SIGNATURES ARE REQUIRED FOR PERMITTING CARBON MONOXIDE ALARMS MUST BE INSTALLED PER _ MASSACHUSETTS BUILDING CODE / I l �2(� l/ z 14 II E. IMPORTANT UPGRA CT &'E UtRED ` e STATE BUILDING CODE.REflUiRES THE I'PAADING OF SMOKE DETECTORS FOR THE ENTIRE DWELLING WHEN ONE OR MORE SLEEPING AREAS ARE ADDED OR CREATED. NOTE: A SEPARATE PERMIT IS REQUIRED FOR THE I INSTALLATION OF SMOKE DETECTORS-THE ELECTRICAL i ..PERMIT DOES NOT SATISFY THIS REQUIREMENT. .. h a , ,,07fn ( f � 71, I I - s M it i I t �t i { 1 ,f i a: i -" ; _� ���' �` ,, � . - yt .,a � � �. ,� { _..,..4_, '. _ . . _.. _. ..------ —r-------�-- �/J �'_ �� i . `n ��� � � t ,� l � � i I .. - �� . - i .1 H I - r_ i ��� s _ ._..__•__...__._ i.. _� - _. ._ .. i t l �, /yam /� L" !, l t 'Y �✓ L/ .ice i�yd:,/ - r. :� �� �� �_ _. ..�r..� 1___.._ —..__�_ — - _--_ __ �. i �, �( f '�� ' i I V � ��`-�L1 .4 ., i _ �. . - - � j 193 FAWCETT LANE, HYANNTS V � e a 1 I _4 s^<e r, ,w N ' ra s4'' w �•� / .rya q.trl i' 'f.� ada1��"'j` �W� r��• ,�n '��►4:„�,,-„�, x 4i ill�.� f:3. � S �.. t} ' �� +yi 'j!t r f •hit • + ' , 1 ' rn��• n •y`�� � �r �,� � r: i 7 , Ij I ; w..�a 19 FAWCETT LANE, HYA 10/15/09 ` w r r, a R' � s t { y -. k y f e W° 'Tl i � D4 m f w r P r 4 f i k t 4 1 t ` t.' 3 P lk h �4 193 FAWCETT LANE, HYANNIS 10/15/09 h:. rt , �� _ ��_ __..pyres. _._... .._c:'•^4Y' �t� ,:p l.:. ....� 6 P t .. t i r 777 193 FAWCETT LANE, HYAN N I S 16,15/09 � a } CP i d6 F A Al' a.. M o 3 J t 9 t � "ff a r r V �� 193 FAWCETT LANE, HYAN N IS 10/15/09 E _ i f �.. tea.. r .. .` .. 'erg,. f #� Y'` �, fi.+� 'R�. Fes'' +Yy�,. R�� •� 1�.!4 -^� j 4.._ ww IL ��^ ` ` �;� � I J J•..t � t, �� , ,� 7�';.� tT•sC` � .Y� (j11�10 .., id .'� 1t.r Y. yr '�� �1 i' l../� � 1f i �-� •F 1 �t 193 FAWC ETT LANE, HYAN N I S 10/15/09 f { #J 1 � a i ' � a 2 a t I 193 FAWCETT LANE, HYANNIS - 10/15/09 w� T w. F � f a ri dY �R� a: i Y _ x { S �f h fix` �''� ' � �• � '� �, I * ALVDIN t . `T fLAN,Er HYAr i. j$ 3 i s � O i � R � 3 'MT'w.' ,,,,yN1i?� ,may 'q��R ,�,. '`!�, •!*r I- -•.� `4 �' i Moog- z x ,...���'9 �a�ed �fir.� �'7l'� ..r� a � �� � b � `r '�t -`�• w /,£ -fir'l� ,, /. • � z j , s y _ Ott.C. v 3 IY4 � • h s s5 f IMPORT QUIRED I s NT - j STATE BUILDING CODE REQUIRES THE UPGRADING OF ( F i e I SMOKE DETECTORS FOR THE ENTIRE DWELLING WHEN ..,, ARE ADDED OR CREATED. AREAS ONE OR MORE SLEEPING AR I NOTE:41 A SEPARATE PERMIT IS REQUIRED FOR THE. °"�'_ I INSTALLATION OF SMOKE DETECTORS-THE ELECTRICAL RMIT DOE N T S T T. PE _ M— of FITA E � q ANY CONSTRUCTION THAT INCREASES LIVING SPACE BEYOND 1200 SQ. FT: PER LEVEL MAY REQUIRE THE �AY3f>i1 INSTALLATION OF ADDITIONAL SMOKE DETECTORS. ? NOTE: A 5 D FOR THE { . _ .. a INSTALLATION OF SMOKE DETECTORS-THE ELECTRICAL PERMIT DOES NOT SATISFY THIS REQUIREMENT. ' ? CARBON MONOXIDE ALARMS 3 S� ®� 'Y✓\ MUST BE S7ALLFr- MASSACHL'S4 ITS uJILUIP46 CODE i =y _ SMOKE DETECTORS REVIEWED t BAR STABLE BUILDING DEPT. DATE FIRE DEPARTMENT DATE :y ROTH SIGNATURES ARE REQUIRED FOR P€RM/7TIA J it � tea. I i i ra==. e✓i I �� ��� • . I � §' ' :�. ,� --- .�_ ......a ._.. .-__. ....... ._ . . _.. . . --- — I f i 'I -. _ {j{ � ^i � '. � `� _ . � , � � `�,,:.� F .� i r1. -. i S i ,� a . ;, i r � F -, _.J _ � ' � - F-- 5 �� -� !J _ f � ��.�c�� � _ �� r, . - I,v..,-..-.n...e....,o..�.i y,....,._... �...,.�..�. _....,....m�f � _ � - .. - � i - � � � _ � � .. - L 9. _ .. i t � - � - ` � �. ; �oFtHetOw Barnstable The Town of Barnstable BAMSTA9 MASS. Growth Management Department All.A11�encaCity �Ar i639;t `0 367 Main Street;Hyannis,MA 02601 ED MA A Office: 508-862-4678 Jo Anne Miller Buntich Fax: 508-862-4782 . Interim Director 2007 January 11, 2010 Regina R. Schlageter r` 193 Fawcett Lane Hyannis, NIA 02601 " , -21 a` Re: Comprehensive Permit No. 2009-021 Schlageter Dear Regina, Our records indicate that you have not obtained the necessary occupancy permit as is a condition of the Comprehensive Permit. Please note that it is imperative that you complete all conditions of Comprehensive Permit No. 2009-021 within . the time period allotted. Please contact my office immediately to update your contact information. ems^A fyt� In Respectfully, <y Cindy Dabko ki th nxr, Accessory A fo dable Apartment Coordinator ,a� 44Y V r �s REGINA RAFAEL SCHLAGETER 53a107i2113 66 CONNEMARA CIRCLE ¢sNeld`Check • HYANNIS,MA 02601 rauao6 0 jO O O S �1 •3 Date �'' yj F Pay,to the Q� ?� Oderof V r1 �(- � }� J C, -- �.' � ' CAPE COD 5 ••• 111 ��//// `+'�� Dollars t L F o v t MEMBER FDIC aa� 'a I ` Memo. .. .., - 1: 2 1 1 3 ? 8 10 ?8 j: r• , 5 2080 4 2 310 4, 200 �...:.1_Latta6es-e201®'260d AAIstic Checks .1-806=}24-]621 - - - www.arllsllccheck Artist:Jam L Llcansed by 6e'll Y li kl .. I pOiuuP:,w„yY Parcel Lookup Page 1 of 1 iN My s1w Logged In As: Y G� f1 9 Pa 1 ce Lo O ku p Monday, Augu Road Lookup Condo Lookup Multiple Address Lookup Reports Search Options Search By OWner �; Owner Name SCHLAGETER 'Seach <Prev Next> Pagel of 1 Rows/Page Parcel Location Owner Village Ma 270-106 193 FAWCETT LANE SCHLAGETER, REGINA R HY 27( 291-28 NEMARA CIRCLE SCHLAGETER, REGINA R HY 29' .,,��, n (� C o e ��- TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 0110 Parcel f' D (o Application ��u� Health Division Date Issued Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic.- OKH Preservation / Hyannis Project Street Address C1 3 F_G4 l k C e.:ft LcL new Village Owner s�'Gt`T f;� i �, SC'�'1 ,I t� {� Address Ci 3 C4 nC f��( Telephone .r7n S— Permit Request A0 c� VW U ct) i Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District l�j Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size a 3 Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family a Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: U 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 4 Total Room Count (not including baths): existing new First Floor m Coura Heat Type and Fuel: Gas ❑ Oil ❑ Electric ❑ Other r Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stover ❑ es ❑ No Detached garage: ❑ existing ❑ new size Pool: ❑ existing ❑ new size _ Barn: ❑ existing nevi size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: °D r Zoning Board of Appeals Authorization Appeal # a Dd 9-0 1:U Recorded a Commercial ❑Yes LA/No If yes, site plan review# Proposed Use PERMIT PAYMENT RECEIPT APPLICANT INFORMATION TOWN OF BARNSTABLE DEPARTMEN BUILDER OR HOMEOWNER) BUILDING DEPARTMENT � 200 MAIN STREET _ HYANNIS, MA 02601 -P/elz Telephone Numb 6 c/ 6 DIME: 08/17/09 - ------- -43 -TOTALS----------------- License # 1 PERMIT PAID 50.00 PE � Home Improvement Contractor# AMT TENDERED: 50.00 AMT APPLIED: 50.00 Worker's Compensation # CHANGE APPLICATION NUMBER: 200903799 a FROM THIS PROJECT WILL BE TAKEN TO PAYMENT REF: 1200 UHL r t4---�v DATE b ' " : w File Edit.�Tools ,Help ,��: *w @17 .•— �� .�ma :q, as®°." *®ti 11 � ,.fit z v ,; Bldgsl 3ccup 1 Parcel 1701#r ?' Parking Ah parcel _ Lot/Sectrar� Phase �µ3 - (3vrrrer �27t :,>e Ike t 5 Pro} manager' dlr ')< 9 Buff ermg ¢ i rc _' SCHLAGETER REGINAR � . �� YVI A, t Septic Location' lg3l Unit 1 �+ Munrcpalrty' HYAN-WHYANNIS we'll j Street FA CETTfIA,< , �, lnsp,area ?r fP-WELLHEAD f'ROTEG r17- nspBineeryStagGeo/DSand Parent parcel igns Lac dese LOT r of a41 facant lat ;Rerrtdl�` ' PIGout owned a Periodic lnsps , Legansrons Names Audrl:Historlr Use�'gr st '�t'aer�pe P'UBL T(VU'tJ IAt her ModulesememoSewrereas type GrE.i-GASlane„elidd' gRoad t'�pe;Zone reference nderrjround uhl uypw4r.a4�,I Q3�Text F estrrctrons #Iaaar�3s s �Suh addrs (� iolat�ansar� [ iectrons . F; Maintain building/occupancy detail for the current prapertjP. ` 7,777,77,7777, ,,My, File Edit Tools. Help Det � a" a ea - RT�pp �V R } Co}Eel Status .k ,ACTIVE OINner 262( '!d � Department BUILD}�JG DEPARTNIE T SCFIIr'bGETER,'R:t ClosefilJeny - i' F' Pimiect/'ActivO` 5 1 t I STY:"x PTI1t C6NSTROCT} S Cc�i tia€ or Descnptkon 1 AM1dESTYPTCiERiRr'4rv,E 1;BR C}FfICEd +�rC ?] TH S° Business ',.-. •y% .,F Y .....-w= `F —Y,w T�YA"d .mlri Descrtptron 2 ()PEIiNG K1T$BATH }Fees e#fective 08/17I204 aflting isc vt + .. r r u Assigned to $urines Blast --- --�--- . Property/Use Ion g li+llsc Pemarts "React}�dte Ig.V !ovation 1� f 1 Unit` } as6ng use 1�1 E Sll n; Street FAC zoning ES1D RB R } 4 Escxo Parcel 2 'l1 d �xarymemo w µMisc Chgs .h+luriicrpairtyy FIYkN-H ' #,h1lS ' _fr z } flood zone ; Sub di: . , � -- — s Paymt -Ustory CotSect�anlPhase {} =E Apo _ � � red use 4141t1 � S=fC r' d Between° zoning RB RESID R,B and h r riiem a P Ci Sum m Pemvt } s Location desc177 CopyPP i t flood_zone f 1 , ti Permit Alerts link}asps Prereqursr�es aztd�Re games E[ ;Bonds , Sub r�ddrs Teed E[�Plan ReVieur Prior History lnspectrons . Violations ; Review s [ Open hams ra'darnings Find Relatedl � .,•<, .. �� S rim ."" w"wwwrmewr.'W^° w`,. """'Sr" ••`.y..,.�.,+.d—,..�._ 7777 raintai6 project ac ivity deta for the c rrent'�appl�cation . T r , r - xAmrs.«. _.�.+. eu,.:..._wwvr ..x....+m,..�...m.....+ .e w:,w.........iw xi..m.wmm.. wmr.... '.. y file edit Tools tiel�i '� 'x;x �' - e 1 •i t 47 s A r x " Application 9379 s� s ,Ptcarh OVuN PROPERT s Status A ACTIVE. Owner 265 i Department #i t}B BU1LDJNG DEPARTh�E JT SCl iLA(aETER�Rl _. Project/Activity 5�i1 Ai I+IESTY"APT NO Cflt43STR':IJCT EIES M.. .€ _ Carafrrtor P Descriptic3n 1 AMN'ESTY APT OIVER GARA. E 1;aB�OF + 4f,,F 00M W!LH S > .�J Busrri j Description 2 OPENING lCJT 8'BATJ� �JFees e#fectrue. B81]7/2 9 Pss�gned t{5 a t � F {^ J''ropertyr/l`1se j�t+lan�nfc�rrrrJng Oatesilisr; (Type Sta#usued ,. ResttnCantradrr p C00 RESDNT REVIEWING s tI -,r e. -"�.• "vu �? k Totalfees �- �Tflunpar ��7 �,°� � p� ;* �� e Flan Pevaey Ip _ P r Jr tr�r '"l ec srts a 1�t€urJs ��FG�nevas 4 Fn„t >3as ,j't'�rrr Frras.r?ibt�r 1 A 'Fa I oFt r Town of Barnstable BARNSCABLE * Regulatory Services 09• .��a �Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601. Office: 508-862-4038 Fax: 508-790-6230 July 22, 2009 Regina R. Schlageter 193 Fawcett Lane Hyannis, MA 02601 Re: Amnesty Apartment Dear Ms. Schlageter: We have received the recorded Regulatory Agreement and Comprehensive Permit for the accessory affordable apartment at your address. A building permit is required whether the unit is new or pre-existing. We look forward to receiving your building permit application for the apartment. Please call me if you have any questions regarding the building permit process. Sincerely, Lois Barry Division Assistant amnbp �p tHE 1p� Town of Barnstable BARNST AB . # Regulatory Services y MASS. $ °oA 1619• Thomas F. Geiler,Director rED MA'S Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 August 16, 2007 Ms. Rigian Schlageter 193 Fawcett Lane Hyannis MA 02601 Illegal Apartment: 193 Fawcett Lane Hyannis,MA 02601 Map: 270 Parcel: 106 Our records indicate that your house at the above-referenced location is currently being used as a multi-family home, which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty Program • Prove that this is a legal multi-family home. Please contact this office immediately to tell us what direction you wish to take. Sincerely LindeEdson Amnesty Apartment Investigator Building Department gforms:zoning3 ' �rI Dcr-=-- 1 $ 1.1.9 s, 133 07-1 6-2 09 4 m o z BARNSTABLE LAND COURT REGISTRY wimp BARN4GBLF. '09 JUN 18 All A2 Town of Barnstable Zoning Board of Appeals Decision and Notice Comprehensive Permit No. 2009-021 Regina R. Schlageter To legalize the use of a separate one-bedroom living unit as an amnesty unit pursuant to Chapter 9 Article II Section 14 of the Code of the Town of Barnstable 00 Applicant: Regina R. Schlageter ( � Property Address: 193 Fawcett Lane Hyannis, MA 02601 f-�G Assessor's Map/Parcel: Map 270, Parcel 106 Zoning: RB Zoning District Deed Reference: Certificate number 170946. Applicant: The applicant is Regina R. Schlageter, who resides at 193 Fawcett Lane Hyannis, MA 02601. Ms Schlageter is the owner as evidenced by a deed recorded in Barnstable Land Court Registry on l(� October 20, 2003 Certificate number 170946. Locus & Background: Q The subject property is a 0.23-acre lot initially developed in 1967. Today the Cape Cod style, one and —story dwelling has 1,544 square feet of living area. The lot is served by public water and private on site sewer. The public Health Division has no objections to four (4) bedrooms at this property. At some point two (2) additional living spaces that included kitchen area, living area and sleeping area were added, one situated in the attached garage section of the dwelling and one was added to the upper level of the home. Ms Schlageter was directed to remove the separate living space in the upper level of the home. Building permit number B 20082497 does reference elimination of two bedrooms by opening cased opening to five feet and eliminating the kitchen on the second story. Once the work is completed the applicant does meet minimum requirements of applying for this comprehensive permit. Relief Requested: Ms. Schlageter has applied for a Comprehensive Permit pursuant to Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Chapter 9 Article II of the Code of the Town of Barnstable: More specifically Section 14, the Amnesty provisions of the "Accessory Affordable Housing Program" for the additional living space in the dwelling. This permit is sought to correct the situation of a pre-existing and unpermitted apartment unit as provided for in Town's Accessory Affordable Housing Program provided the unit is restricted to being affordable housing for qualified persons as required under Chapter 40B. The zoning relief necessary for this Comprehensive Permit is to Section 240-13.A (1) Principal permitted uses in the Residential RB Zoning District to permit a second independent living unit in r` Town of Barnstable, Zoning Board of Appeals Decision and Notice, Comprehensive Permit No. 2009-021 -Regina R.Schlageter the single-family dwelling_ The issuance of this Comprehensive Permit would allow for an approximately 650 square foot, one-bedroom living unit to remain only if the unit is used as an accessory affordable apartment unit and the main part of the dwelling is owner occupied. Procedural & Hearing Summary: The applicant initially made contact with the Accessory Affordable Apartment Program Coordinator and completed the Site Approval Application in November 20, 2008. Notice of the site approval application was submitted to the Department of Housing and Community Development on November 20, 2008, in compliance with 760 CMR 56.00 "Comp. Permit; Low or Moderate Income Housing" Based on that application, Town Manager, John C. Khmm issued.the site approval letter on April 14, 2009. A copy of which was also transmitted to the Department of Housing and Community Development in accordance with the requirements of CMR 760 Section 56.04. An application for a Comprehensive Permit was filed at the Town Clerk's Office on April 17, 2009. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on April 24, 2009 and May 1, 2009, and notice sent to all abutters in accordance with MG L Chapter 40A. On May 20, 2009, Hearing Officer, Laura F. Shufelt opened the public hearing at 6:05 p.m. The applicant, Regina R. Schlageter, was present at the hearing. Cindy L. Dabkowski, the Accessory. Affordable Apartment Program Coordinator with the Growth Management Department was also present. Ms Schlageter gave a brief explanation of the unit and cited that she understood the requirements of the program and the:fact that she would occupy the home as her primary residence and the apartment unit would only be occupied by a qualified income tenant as year round affordable housing. Ms Shufelt reviewed the file with the applicant to assure compliance with all of the program requirements. It was also noted that the comprehensive permit is not transferable and violation of the rules is cause for a hearing to rescind the permit. Public Comment was requested and no one spoke in favor or in objection to the granting of the comprehensive permit. Ms Shufelt noted the proposed conditions that would be imposed in the permit and the applicant cited that she understood the proposed conditions and consents to abide by the At that point, the Hearing Officer closed the hearing for public comment and proceeded to make a finding to grant the permit and imposed conditions on the permit. Findings of Fact: At the hearing on May 20, 2009 the Hearing Officer made the following findings of fact. First with respect to standing-the Jurisdictional Requirements of the applicant to apply for a Comprehensive Permit under MGL Chapter 40B as identified in CMR 760 Sections 56.04 and the Town of Barnstable General Ordinance Chapter 9, Article II: 1. The applicant is Regina R. Schlageter, Regina R. Schlageter resides at 193 Fawcett Lane Hyannis, MA. The applicant requested a Comprehensive Permit for an existing one-bedroom apartment within the garage attached to the single-family dwelling as an accessory affordable apartment unit. The conversion of the unit to an accessory affordable unit attached to the . ..2 Town of Barnstable,Zoning Board of Appeals Decision and Notice, Comprehensive Permit No. 2009-021 -Regina R.Schlageter owner-occupied residential dwelling qualifies for the "Accessory Affordable Apartment Program" as an amnesty unit. 2. Regina R. Schlageter owns the property as evidenced by deed recorded at the Barnstable County Land Court Registry on October 20, 2003 Certificate number 170946. 3. On April 16, 2009, a site approval letter was issued for the property by Town Manager John C. Klimm,.in accordance with MGL Chapter 40B and 760 CMR 56. Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of 760 CMR 56.04 (2), and no issues were communicated from the Department on this particular application. Second, with respect of consistent with local needs 1. According to information submitted, some before 2000 an independent one bedroom living unit of approximaly 650 sq.ft. was created. The apartment is located within the attached garage. No valid variance or special permit was ever issued for the creation and use of that independent living unit. The one bedroom living unit qualifies for this comprehensive permit under the amnesty program provisions of Chapter 9, Section 14 of the Code of the Town as the unit existed prior to January 1, 2000. 2. 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. 3. The house is served by public water and on site sewer. The proposal has been reviewed by Thomas McKean, Health Director, and the property is approved for a total of four (4) bedrooms. 4. On November 20, 2008 the applicant signed an Accessory Affordable Apartment 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 County Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as the applicant's primary residence. 5. The applicant understands that the affordable unit will be rented to no more than two persons whose income is 80% or less of the Area Median Income (AMI) of the Barnstable Metropolitan Statistical Area (MSA) and further agrees that rent (including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the Town of Barnstable shall be deducted from rent level so calculated. 6. According to the Massachusetts Department of Housing and Community Development, as of September 9, 2008, 6.8% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section.20-23 or its implementing regulations. The Town of Barnstable's (Local Comprehensive Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. Summary: Based upon the Findings of Fact cited above, the Hearing Officer ruled that; • The applicant Regina R. Schlageter has standing to apply fora Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Affordable Housing Program, and 3 t Town of Barnstable,Zoning Board of Appeals ' Decision and Notice,Comprehensive Permit No. 2009-021 -Regina R.Schlageter • The proposal is 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: Hearing Officer Laura F. Shufelt ruled to grant the Comprehensive.Perm it in accordance with MGL Chapter 40B and Chapter 9 of the Code of the Town.of Barnstable to Regina R. Schlageter for property at 193 Fawcett Lane Hyannis, MA. It is issued to allow for a one bedroom accessory affordable apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall,not exceed two (2) persons. 2. The total number of bedrooms on the property shall not exceed four (4), 3. Regina R. Schlageter shall occupy the dwelling as her primary residence for this permit to be in effect. 4. This unit shall not be occupied by a family member. 5. All parking for the accessory apartment and the main dwelling shall at all times be on-site. 6. None of the bedrooms shall be rented to lodgers for the duration of this comprehensive permit. 7. To meet the requirements of affordability, the cost of housing (including utilities) shall not exceed 30% of 80% of the median income for the average of a one-person and two-person household for the Barnstable MSA. In the event that utilities are separately metered,.the utility. . allowance established by the Town of Barnstable shall be deducted from rent level so calculated. 8. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the Accessory Affordable Apartment Program. 9. The Growth Management Department shall serve as the monitoring agent for the accessory apartment. Annual monitoring shall include verification of tenancy, affordability, and compliance with Housing Quality Standards (HQS). The fee for the initial monitoring of affordability and annual certification and inspection of the accessory unit shall mirror the fee charged by the Health Department for the rental registration program. Currently that fee is $90 annually. 10. The applicant shall apply for a building permit for the pre-existing accessory unit. Prior to securing an occupancy permit and certificate of compliance, the Building Commissioner shall determine that the unit conforms to the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division shall determine that the property is in compliance with applicable on-site wastewater discharge requirements. 11. The applicant may select her own tenant. The tenant shall meet 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 tenant. The applicant will be required to work with the Town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual. Whenever a vacancy occurs, notice must be given to the Growth Management Department and the unit must be listed with the Town. 4 Town of Barnstable,Zoning Board of Appeals Decision and Notice, Comprehensive Permit No. 2009-021 -Regina R.Schlageter 12. Every twelvemonths the applicant shall review the income eligibility of the tenants 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, as Monitoring Agent, an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant and/or tenant shall provide the Town any.additional information it deems necessary to verify the information provided in the affidavit. 13. Upon any report from the Monitoring Agent that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or its Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 14. 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. 15. This Comprehensive Permit shall be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit No. 2009-021 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 1.1 of the Code of the Town of Barnstable. If after fourteen (14) days from that transmittal and 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 Town Clerk's Office. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. I, Laura F. Shufelt, as Hearing Officer for the Zoning Board of Appeals certify that a copy of this decision was transmitted to the Members of the Zoning Board on June 3, 2009 and that 14 days have elapsed with no action taken by any member of the Board to reverse the decision. S Laura F. Shufelt, Hearing Officer Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals fiie&tl is decision and that no appeal of the decision s be filed in the office of the Town Clerk. o Signe .and sealed this day under the pains and,penalties.of aeiy' , - Zlzd Linda Hutchenrider, Town Clerk 5 . REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS;is made this 15th day of July, 2009,by and between Regina R. Schlageter of 193 Fawcett Lane Hyannis, MA 02601 and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the "Municipality"),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree OQ as follows: I. PROJECT SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate the property located at 193 Fawcett Lane Hyannis, MA 02601 as further described in deed recorded herewith as Barnstable Land Court Registry on October 20, 2003 Certificate number 170946. B. The Project located at 193 Fawcett Lane Hyannis, MA 02601 will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable Unit" or the "Unit"). L C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2009-021 and any plans submitted therewith and all applicable state,federal and municipal laws and O regulations. Said _permit is recorded herewith as Barnstable Land.. Court. Registry document &certificate of title D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOW. 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be.set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the. event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, f mortgage note,or other instr cent to which the Owner is a or which it or the Owner is bound,will not Pam' 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. OOMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable Metropolitan Statistical Area(MSA) and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA In the event that utilities are separately metered,a utility allowance established.by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant.. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA In the event that utilities are separately metered,a utility allowance , established by the Barnstable Housing Authority shall be deducted from the rent: IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the "Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling, as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing.including the date and instrument,book and page or registration number of the Agreement. • 2 4 V. GOVERNING OF AGREEMENT: This Agreement shall be governed bythe laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not.affect the validity of the remaining portions hereof. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a parry may from time to time designate by written notice. VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,Judgments,out-of-pocket expenses and attomey's fees necessitated by such actions. VIII. 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 ran in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall run with the land described in deed recorded herewith as Barnstable Land.Court Registry on October 20, 2003 Certificate number 170946 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 thus 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 Land Court Registry on October 20, 2003 Certificate number 170946. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated. Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling-to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said.notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 X SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner,and (iii) shall bind the Owner,its . successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement: XI. 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 terns and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XIL MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of.this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement, IN WITNESS WHEREOF,we hereunto set our hands and seals this/5 day of 2009. OWNER BY: Sig m7 i Printed: —re P,. COMMONWEALTH OF MASSACHUSETTS County of Barnsta,l ,ss: On t I da v 2009 before me,the undersigned notary public,personally appeared ,th Owner(s),proved to me through satisfactory evidence eotification,which were �{U-Aca-e ,.to be the person(s)whose name(s) is signed on the preceding o?attached documen nd acknowledged to be that he/she signed it voluntarily for the stated purposes: Notary Public Printed: �L C Up j My Commission Expires. 4 1 No".L"C ���001010100MOF 41 TOWN OF B STABLE BY: TO AGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss On.this of 2009 before me,the undersigned notary public,personally appeared Joh �Kl- ,th Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were emPl1�y,e, t ild ' �i'�6"i to be the person whose name is signed on the preceding or attached document and ac o'wiedged to b at he/she signed it voluntarily for the stated purposes. MA Not P lic o �ii;., O Printed: y Oa�/"� My Commission Expires: i II i .. Imo,• i i f Barnstable . The Town of BarnstdUeopyw-W-W-W.Id '"'� g Growth Management Department ARmecca 1 6 Nab s 367 Main Street,Hyannis,MA 02601 ' Office: 508-862-4678 Jo Anne Miller Buntich 16 Fax: 508-862-4782 Interim Director 2007 July 17, 2009 Regina R. Schlageter 193 Fawcett Lane Hyannis, MA 02601 RE:Building Permit Application&Final Inspection Enclosed please find a copy of your recorded decision and deed restriction. As you know, one of the conditions of your recently issued comprehensive permit requires that you apply for a building permit for the accessory unit, whether the unit is new or pre-existing: To assist you with this process, I have enclosed a Town of Barnstable Building Permit application. Please contact Lois Barry in the Building Division at (508) 862-4039 to schedule an appointment to compete the building permit application process. You will be required to provide five copies of a clear floor plan for both the main house and the apartment which indicates the square footage of each room as well as the total square footage of both dwellings. Smoke and carbon monoxide detectors must also be clearly labeled on the plans. A Building Division inspector will then conduct the final inspection of your accessory unit. After the unit passes inspection a certificate of occupancy will be issued by the Building Commissioner and mailed to you. Once you have received your certificate of occupancy you may select a tenant for your accessory affordable unit. Please feel,free to contact me at 862-4743 with any questions or concerns. Regards, Cindy Dab wski Accessory Affordable Apartment Coordinator TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION �j Map ® Parcel (/ Application #, C NN Health Division Date Issued Conservation Division Application Fe Planning Dept, Permit Fee Date Definitive Plan Approved by Planning Board Historic.- OKH Preservation/Hyannis Project Street Address j q 3 to W Cc T` UyA-)yrn is &4 6o2 pl Village Owner E Ca I/ (� L - �6PC Address ��3 F-12 hJ66 17 N i \Telephone0�- �S �6 -3 a &/l 5D F_36 6/5 'CEL6 c1s Permit RQueA/', uo Cam} ` 9 Square Beet: Ist floor: existing proposed 2nd floor: existing proposed Total new c 1c-) Zoning-Distri r Flood Plain Groundwater Overlay CZ, Project Valuation,$ I,,00'_--Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Tj pe: Single Family Two Family ❑ Multi-Family(# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: VFull ❑ Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing_ new Lows Half: existing new ----)1o?E Number of Bedrooms: `l` existing —new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: U-Irlas . ❑ Oil ❑ Electric ❑Other Central Air: ❑Yes VNo Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑existing ❑ new size_ Attached garage: ❑existing ❑ new size _Shed: Vexisting ❑ new size _ Other:- Zoning Board of Appeals Authorization ❑ Appeal # Recorded 0 Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name �l`l�� ��-�� /-q 6162 . Telephone Number 084 ✓'Address 19 0 License# L/9 71 1 .A 0 2,6® Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE /0/15108' FOR OFFICIAL USE ONLY APPLICATION# l• DATE ISSUED i MAP/PARCEL NO. tw ADDRESS VILLAGE OWNER I DATE OF INSPECTION: FOUNDATION FRAME INSULATION r FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL I 'r ' FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. Depl7dmerct of Industrurt Acetaen�,s Office of znve,6gaLt n'S 609 WashinVort Street Boston, 7l Oz1IZ rswrvw,mass.gov/dia , Workers, Compemadon Insurance A.tfirlavit: Builders/Contractors/Electricians/:Plumbers A Licaxtt Lufozmation Please PrzzitLe M am (Business/OrP�l7atidnlI�dividual): 6G6V �l` Address: .3 Gt1 — L 1 1. �� (I&A Phone.#: City/Statdzip: Are you an' to eployer7 Check the appropriate box: Type of project(required): 1.[] I am a employer with 4. ❑ I am a general contractor and I 6. ❑ Ncw construction rmployccs (full and/or part_time)-* bavc hircd the sub--contractors listed on the atfachcd sheet 7. ❑ Rc;modcling 2_❑ I am a sole proprietor or partner- Thcsc sub-contractors have g• ❑ Dcmolition . ship and bavc w employccs employees and have workers' working for me in�y capacity. 9. ❑ Building addition [No workers' rump. insurance GOmP t insurance. 5. ❑ We arc a corporation and its 10-❑Electrical repairs or additions r� -Ir ofldeers havo exercised their ILEI Elnrnbing repairs or additions 3° I arts a hozncownrr doing BE work mysclL [No workers' comp, right of exemption per MC 12,E]Roof repairs it rn c.c rcqukcd] c. 152, §1(4), and we hayC no eaZployces. [No workers 13.❑ Other comp.insurance required) *Any applicant that boX#1 MU t also fit ovt tl,r MC60n below show ng thcu w0TkC7g' coropCZI-caYion policy infUM-Mtion. t FADMC OWnCrF who submit this affidav t indium tbey arc doinga]l work and then birr outside cmt-actnrs�n,-Lsl Fub-L L anrw affidavit m0'1"'iig such. Tc.antzactorF tba_t cbcckthi box must atbchcd ao additional sbmt thowing the rlarr7C of the sub-coat--Adurs rmd stain wbctkicr ornot those cntitim bavc employees. If the sub eontraeinrs bavc arrPloyccs,they must prow db fl,r r workirs'comp.pobq number. — 1 a,w mt employer that is providing-workers' compensa6orz Ensurance-for my employees. EF-L w E the policy and jab silt info rrrr-rrti n rL In-uancc Company Name: Policy#or ScIf--ins. Lic. #: l xpiration Date: , Zip Job Sitc Address: City/Sts-tc/. At-tach a copy of theworkerg' cozapensatiDD policy declarabou pace (showing the policy uuxaber and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can J cad tD the zraposifion of criminal pena]tzes of A fine tip to $1,500.00 and/or one-year imprisonment, as well as cz�rl pcnaltir in the form of a STOP WORK ORDER a-D-d a fine of up to$250.00 a day against the violatDr. Bc advised that:a copy-of this staftmmit may be f-orwaxdcd to the Office of Invcsti ations of the JDIA for insurance cove c verification. I d heeby rtify un ains rind penalties of perjury that the it farnxac�on provided a/bove/.�true and correct — i alurc: ), / (� hone M. D F— T 16 0 C-U— O Aclal us,! only. Da not virile in tfris area, tb be completed by city or town offuia.0 City or Town: PermitlLicense# °__ Y a_:_ Issuing Authority (circle one); 1. Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5. Plumbing Lnspecfor 6, Other Contact Person: Phone #: II Massachusetts General Laws cbaptrr 152 requires all employers to prov)de worxcrs Pursuant to this statatc an emp toy cc is defined as "...every person in the service of another under any contract of hire, express or Implicd, oral or written { An ernpLoye1-is defined as "an mi dividual,partnership, association, corporztion or other legal entity, or any two or mare of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased empToycr, or the receiver or trustee of anin.divldual,pat crship, associ ation or other legal entity, employing employees. However the owner of a dwelling househaving not more than three aparlmcues and.who resides therein or the occupant of the dwelling h se of.anth ocr who employs persons to do maintenance, construction or repair work on such dwelling boost or oa tb-r-grounds or building appurtenant thereto shall not bccausc of such employment be dcemcd to be m c=ploycr." vIGL chapter 152, §25C(6) also states that"every state or local licensing agency shall withhold the issuance or -enewal of a license or permit to operate a business or to construct buildings in the cornmonwe-alth for a"y ipppcant wlxo bas notprodnced acceptable evidence of compliance with the insurance coverage required." WditionaHY, MGL ohaptcr 152, §25C(7) states `Neither the commonwealth nor any of its polipnal subdivisions shall :rater into any contra ct for.zhc perrormance oz public woz�un it acceptable evidence of compliant-'"i, the in`�an�e -quirmm cats of this chap tcr hay c bccnprescatcd to the contracting authority." 'p pli cants lease fill out the workers' compensation affidavit complet:cly, by checking the boxes that apply to.your situation and, i{ rcessazy, supply siib coniractor(s)namc(s), address(cs) and phone numbcr(s) along with their eertifieatc(s)of u'urancc. Limited LiabilityCompanics (LLC) or Limited Liability Padnmhips (LL.P)i7rith aD employees other than tho w,mbcrs or pazincts, arc not rcq=r-d to carry workers' compensation jnsrrrazrct. 7f an LLC or Z I P does have nployccs, a policy is rr-Tuircd_ Dc advised that this affidavit may be submittcd to the Dcpartmcnt of Indust ial ccidcnts for confirmation ofxusurancc coverage. Also be sure to sign and date the affidavit. The affda' t should zetiirned to the city or to that the application for the pc='t or license is being requcstr d, not the Dcparhnent of dusfzial Aecidcnts. Should you have any questions regarding the law or if you arc TCgr i cd to obtain a workci: impensa-ion policy, plcaso call the Department at the number listed below. Self-insurrd companic5 should cntcr thcix lf-iximiranGo licenac number on the appropriate line. ty or Tow- Officials ease be sure drat tho affidavit is complete and priutcd legibly. The Deputment has provided a space at the bottom tbn affida-vit for you to fAT out in thr event the Officc o'f Lnvestig"ations has to contact you regarding the applicant ;case be sure to 5Il in the permit/lic-nsc number which will be LLscd as a reference number. In"addition an applicant _t must submit multiple permit/liccnsc applir- t O Ls in any given year, raced only submit onp affidavit indicating cuacnt Liey information(ifncccssaxy) and under "Job Sitc Address" Lhc applicant should write "all locations izr (city or vp)."A copy of the affidavit that has bccn officially stamped or marked by the city or town may be provided to the )lican-t as proof ffiat a valid affidavit is on file for Elb)rc permits or licenses, A pew affidav-4 must be 511cd out each x.Whcro a home owner or citizen is. obtaining a license or pelmet not related to any business or cozamcreial venture a dog liC.CUSG or pcmlit to bum leaves ctc.) said persou is NOT required to complete this affidavit Officc of Investigations would like to thank you in advance for your cooperation and should you have any questions, rsc do not hesitate to give us a calL Dr-partment's address, telephone-and fax ziumbcr-, Tha C6zumanw�-alth of Mas�aGhu>�tls DgDaztment of Ludustrial Accidents r Offic-e of luvestigat ons 600 Washingtan Stl2et Boston, MA. 02111 Tel. # 617-727-4W0 e�:t 4-06 ai 1-M-W-ASSAFE Fax # 617-727-7744 11-22-06 I t .ma-ss,gov/dia Town of Barnstable op THE Regulatory Selrvices ` Thomas F. Geiler,Director t aARNSfABLE, q M AS 39. g . �b�q $ Building Division .a�� n TADS Tom Perry,Building Cotnnussioner . 200!Main Street, Hyannis, MA 02601 w7e)Y.town,b2rnst2ble.ma.us Office: 508-862-4038 Fax: 5.08-790-6230 HOMEOWNER LICENSE EXEMPTION / / � PleasePrint f DATE: ! �'( JOB LOCATION: /9 3 rR e ( bcr street �+ „HOMEOWNER": 61 P.I SDDG— V 6 3 y 664 5-0 — 3 y name U home phonc# work phonc# LM-R-ENT MAILING ADDRESS:/ 3 A tel L E77- L l L � ®azbo/ ty �own state zip code The current exemption for"homeowners" was extended to include Mvner-occupied dyi in> s of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. D�FINrrION OF HOMEOWNER Person(s) who owns a parcel of land on which he/she resides or intends to reside, on which there is or is intended to be, a one or two-family dwelling, attached or detached strictures accessory to such use and/or farm structures. A person who constructs utore than one home in a two-year period shall not be considered a homeowner, Such "homeowner shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned "homeowner"certifies that he/she understands the Towri of Barnstable Building Department rninzrn inspection procedures and requirements and that he/she will comply with said procedures and re ern � I Signature o omeowner Approval of Building Official Note: Tbree-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1,I -Ucensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowne who use this exemption arc unaware that they are assuming the responsibilities of a supervisor(sec Appendix Q, rs Rules&Regulations for Licensing Construction Supervisors,Section 2,15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homcowncr is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a fonn/certification for use in your community. op cKer°�s Town of Barnstable Regulatory Services " HAANgrear.E, Thomas F. Geiler, Director �.Jk Banding ]Division Tom ferry, Building Commissioner 200 Main Street, Hyannis, MA 02601 sYww.town.b a rn sta b l e.m a.u s Office: 508-862-4038 Fax: 508-790-6230 property Own'er Must Complete and SignThis Section ff Using' A Buil er X as Owner of t subject property hereby authorize— to act on my behalf, it, ail.matters relative to work authorized by this ding permit application for: (Ad ess of rob) Signature of Owner. D ate Print Natfe If Property Owxier is a `- it please complete the Homeoamers License Exemption Form on i3Cc everse side. (Zn C� L,4c� CA CA zlt�4- r � VL)-- � � stable 'des ,hector 1011 sioner MA 02601 Fax: 508-790-623 0 CTOR LAW PLICATION ovation,repair,modernization,conversion, onto any pre-existing owner-occupied units or to structures which are adjacent to i 'th certain exceptions,along with other Estimated Cost C 1 } 1 ZLI F n� f 1 ( }1 e } 1 r i _.___ _.____..._............ __- 1 } d1 7 S _ 1 t az { 1 i { f r f # f '* a t NY s Edson, Linda From: Dabkowski, Cindy Sent: Wednesday, August 13, 2008 3:55 PM To: Edson, Linda Subject: RE: Request for info All I have is a letter from You dated 8/16/07 A phone log from Madeline stating in just hand written notes that states 193 Fawcett Lane has a 2 BDR Main residence 1 BDR Accessory unit above the principle Residence 1 BDR Accessory unit in the garage Total 4 bedrooms on property I am simply trying to go through files that were left on the desk. Please just let me know if this property is eligible for the program. Thank you Cindy -----Original Message----- From: Edson,Linda Sent: Wednesday,August 13, 2008 10:47 AM To: Dabkowski,Cindy Subject: RE: Request for info Please send me any and all info on this property. I don't see where it is eligible for the program. May be 3 units there. Linda -----Original Message----- From: Dabkowski,Cindy Sent: Tuesday,August 12,2008 9:39 AM To: Edson, Linda Subject: Request for info Hello Linda Joanne has just informed me that before I can move forward with 193 Fawcett Lane I need a form from The Building Inspector. The Form is the"Amnesty Apartment Eligibility Verification Form"signed by the Building Commissioner Can you get me one for this property so that I can move forward? Cindy Dabkowski 1 20085761, REM 2ND ILL KITCHEN, FIN 11/18/08. REC'D COMP PER 7/20/09, 8/17/09 SUB'D AMN APP,NO CONS, TO PR RE FL PLAN & ADDR ? (DIFF. ADDR ON CK). 9/09 PR HASN'T REACHED HER. 10/09 BLDG/GMD MTG: PR & RA WILL VISIT 10/15 RE FL PLAN & ADDR. APP FEE CK LISTED 66 CONNEMARA CIR, TENANT: SHE MOVED TO FAWCETT LN IN OCT. RA: 2 APTS AT CONEMARA, HAD 3 UNITS AT FAWCETT, HAS REDUCED TO 2, REPEAT OFFENDER, ? OF FRAUD. LINDA & ROBIN WILL RUN LIC, CINDY WILL CK ON TAX BILL & REGIST'N. 1/10 LET FROM CINDY, RE OBT'G AN OCC PER. 2/10/10 AMN APP IN PAUL'S TROUBLE BASKET. HASN'T DONE FINAL ON CONNEMARA (200906087 TO RESTORE TO SF. ROBIN WILL LET TOM KNOW, THINKS AMNESTY SHOULD BE HELD UP. Amnesty Apartments Last Name SCHLAGETER First Name REGINA R. _.. _._.. 3 2nd Owner 2nd Owner Last Name _ First Name Map Parcel 270106 v Property No 193 Property Street FAWCETT LANE Village HYANNIS State MA Zip 02601 Status Comp. Per. Issued Action Required m. Assessors Use Group Comp Per Issue Recorded Date 7/16/2009 Application# _200903799 Permit Issued: __.. C of C Total 1 Program Total 1 Descripton 1 BEDROOM,2 PEOPLE, Cert of Occupancy Issued: _ Cert of Compliance Issued _ Notes 20085761, REM 2ND ILL KITCHEN, FIN 11/18/08. REC'D COMP PER 7/20/09. 8/17/09 SUB'D AMN APP, I CONS,TO PR RE FL PLAN&ADDR?(DIFF.ADDR ON CK). 9/09 PR HASN'T REACHED HER. 10/09 BLDG/GMD MTG:PR&RA WILL VISIT 10/15 RE FL PLAN&ADDR. APP FEE CK LISTED 66 CONNEMAI c `J CIR,TENANT: SHE MOVED TO FAWCETT LN IN OCT. RA:2 APTS AT CONEMARA, HAD 3 UNITS AT FAWCETT,HAS REDUCED TO 2,REPEAT OFFENDER,?OF FRAUD. 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R f■ -+.1 Y �r . _ " Ica �"°+•+�..��:"^-,..,_ .� .+r'' '•H l�':�� .;fit ".,i� F��i ar 't+c"'� a � := '"e �- a x. .s RIM if 00 N l ryf 3j� , Op y F:r d u s 14 K � ett a --•+.�'. -+ fit. Ai'►�$ :t ta•.,'v� 3; s �s. oFtNE Town of Barnstable Regulatory Services snxiv s& M Thomas F.Geiler,Director i63p• ,0�' iOrFplA Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4024 Fax: 508-790-6230 August 13, 2008 Ms. Regina Schlageter 193 Fawcett Lane Hyannis, MA 02601 RE: Illegal Apartments: 193 Fawcett Lane Hyannis MA 02601 Map 270 Parcel 106 Dear Property Owner, This letter is to inform you that you currently are in violation of Barnstable Zoning Ordinance 240-1 L You must contact this office by September 13, 2008 to arrange to bring the above address into compliance or be subject to fines of no more than $300.00 per day of non-compliance. Thank you for your attention in this matter This property must be restored to a single family home. By Order, Linda Edson Amnesty Enforcement Building Department Q:zoning5 Affidavit I, Guebel P. Belezi, upon oath state as follows: In December of 1999 I was looking for a place to live. I learned that there were two apartments to rent at 193 Fawcett lane Hyannis Ma.. I went there and was shown two apartments. One was a two bedroom in the garage with a full kitchen, living room, and bathroom. The other apartment I was shown was a one bedroom located on the second floor with a full kitchen, living room, and bathroom. I decided not to rent either one of them. Signed under the pains and penalties of perjury this 13th day of November 2007. ---------_ ---------------- Witness el P. Belezi cLF-V aC r Ia J� �,` i - J, \� \. �, �,_ � .� f� \ /'� "� f '�- ``� % -�. �_ s f ' �-� _ �..�_, .. _ Ch- ol �f LooP, rl-%'.G, «\-V- � S)C- r.,• Town of Barnstable �F��� � '� �)_ Regulatory Services 23 Thomas F.Geiler,Director ��� R "' A`S M * Building Division 9 MASS �a 0.19. ♦0 'OTfD �a Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 COMPLAINUIN UIRY REPORT Date.; Rec'd by:lop � - Complaint Name: Map/Parcel /U b Location � Address:c`�-- V Originator Name: Street: Village: Uate: Zip: Telephone: Complaint Description: S� FOR OFFICE USE ONLY Inspector's Action/Comments Date: Inspector: Additional Info.Attached n-forms_comnlaint IMETower Town of Barnstable *Permit# 4� /4� 3 y�P Expires 6 monthrfrom issue date r A BARN : Regulatory Services Fee 9HAM. Thomas F.Geiler,Director 9 M a Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 -PRESS PERMIT Office: 508-862-4038 OCT 2 2 ZOOZ Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENffd & •��5�-ABLE Not Valid without Red X-Press Imprint Map/parcel Number 7 D 426 Property Address 4 = in I 2"Residential Value of Work I r Owner's Name&Address Contractor's Name Telephone Number��_7 7a Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one: ❑ I am a sole proprietor (j' aam the Homeowner ❑ I have Worker's Compensation Insurance Insurance Company Name q Workman's Comp.Policy# �'f - _cn Permit Request(check box) i > ❑ Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roofl 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 THETo�yo� TOWN OF BARNSTABLE EARNSTAELE, i oo� M6 9 a• BUILDING INSPECTOR �Ep YPY APPLICATION FOR PERMIT TO "� rz z TYPE OF CONSTRUCTION ........W. .�..D... ..... ..N.. !�.........F..... ...� N.a.0.. .......�..............19../.�.. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location 193 P. �.r—...�.. ........!—.. .� �= 1-1.. !.. ..N..' .. .5.............................................. .. . ........... ..... .................. ProposedUse ...... ...................................................................................................................................... ZoningDistrict ..... .! .. ..�...............................................Fire District .............................................................. ............... Name of Owner ......I�..�.....�....W.�:�..............I..I.U...............Address ..1.��..........�..........'..................n.................1.�..... IIqName of Builder ). ... ....�- (2v<-2 7 �I..Address G � �A.� . . " • y�M d J 1 N .v....................................................�.l�................... Name of Architect Address - r Number of Rooms .........I...... ......... 12. G.r—................Foundation ........ .... C?.C.���.5....... ..'/..X......!............... Exterior I� i t�1 C� L�. S _ v41 ®O ................Roofing .........a......5 . .��.n.L...l........................................ I...,..1................................. .I. ... .............. Floors ......W.hL.I. �...!!". ,LL...............................Interior ..E. .................................................... Heating ........................................... L 1_C i R t C Plumbing ........ 1V Q .... ..................................................... T........................... Fireplace ......... .Qt..............................................................Approximate Cost ....... ..J� .- r. .............................i.......... Difinitive Plan Approved by Planning Board -------------------_------------19________. �O Diagram of Lot and Building with Dimensions £ —� qE � �xIST Itit� OUSE jj FX ISTIN 32' I\ 1�`RiorWAY Von tl hereby agree to conform to all the Rules and Regulations o Town of Barnstable re rding the above construction. Nam .... ... .��............ ......... .�....�. ............................. Hurley, Mr. & Mrs. William DEC/- ao� 71 ' No ....13478 add to single .. Permit for .................................... family dwelling . ............................................................................... Location .....193 Fawcett Lane ................................................... .........................annis........................................... Owner Mr......&..Mrs. .,...William. . ..Hurley. . ... .... .. .... . . .... . ......... ........ . .. Type of Construction frame i Plot ............................ Lot ................................ Permit Granted ..,.....................................ovember 4 19 70 t / J Date of Inspection Date Completed 19 PERMIT REFUSED .............................................................. 19 ' j ............................................................................... ...... ...................................................................... - ----- fi ............................................................................... ............................................................................... i Approved .;.............................................. 19