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HomeMy WebLinkAbout0065 GREENWOOD AVENUE - Amnesty / s a i - a 'k L �J We ( Ck)C(.r) -S CSC - rt h 1 I �v ���� i 1 ;_ �I �� {. �� , Amnesty Program �..•� - Helping to make affordable bousing possib e. a Tow" of B la -.. ....,..- . .,... iblowR97 RP- ,. t �. Certificate of Comp iiance Ri ri � ,� �st I R � `� , 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 Jair F. Souza Location 65 Greenwood Avenue, Hyannis, MA Unit Capacity Two bedrooms of to exceed four people b I Inspector V' M/P No. 289101 5/5/2009 Town of Barnstable Building Department - 200 Main Street BARNSTABLE, • Hyannis, MA 02601 9 MASS. (508 i639. ) 862-4038 �� Certificate of Occupancy Application Number: 200705658 CO Number: 20080318 Parcel ID: 289101 CO Issue Date: 05105109 Location: 65 GREENWOOD AVENUE Zoning Classification: RESIDENCE B DISTRICT Proposed Use: SINGLE FAMILY HOME Village: HYANNIS Gen Contractor: PROPERTY OWNER Permit Type: RCOO CERTIFICATE OF OCCUPANCY RES Comments: AMNESTY APARTMENT ISSUED TO JAIR SOUZA (2 Building Department Signature Date Signed i I��y ins , ------- ----— ---— ---.._ -_ 82�01 Aft ol - -I- - - — — — — — \ CARBON MONOXIOE ALARMS 66 �� MUST BE INSTALLED PER MASSACHUSETTS OVUM nib _ :. EVIEWED GkoKc-7- + °.P4Y r :ALE BUILDING DEPT. DATE 6ATI4t2OO 1 I i DEP TMENT DA E • " " RE T��+r��� �l�.iAgS AR�F OUIRED fOR PERMITTING I L c,- a �ATN1200}t7 _ ATTENTON; c ASSACHUSETTS LAW fIEOUIRES CARBON MONOXIDE DETL-CTORS IN ii ALL RESIDENTIAL DYWELUNGS. ADDITION TO-THE FIRE 'S;5�ECTION, THE INSTY�LI ATION OF O DETECTORS, IN A CORDANCE WITH 527 CMR 31. WILL BE BUILDING PERMIT �I�Si .t7U'f� {FLAIL e � Scon �S3 82��n /7L/ ,3 Q J�/�'1 r3 tD(L 00 f'-1 i L_1 V F tvG tZ0O/t,; , } s �T) L7 ry )0-00M J . i 7 ' E a I� , oFt r Town of Barnstable BAMSPAHM Regulatory Services '4> a9- A Thomas F. Geiler, Director A rFD MA'S Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 May 12 2008 Jair Fatima Souza 65 Greenwood Avenue Hyannis, MA 02601 Re: Proposed Accessory Affordable Apartment Dear Property Owner: 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 Barry, Lois From: Dillen, Elizabeth Sent: Thursday, May 08, 2008 11:56 AM To: Barry, Lois Subject: RE: COMPREHENSIVE PERMITS it will put in for extensions at the next hearing, but in both of these cases it was not the fault of the applicant that these were not recorded-the flocs sat in files in this office :( Betk Diil.en Sr^ect,,,.1 Proieets CG;`t'tt,i.ntor Gro=.vth.Mareacement Department (G'.'Vil of ERart15rn,bi.e. 3E,7 ;1.'a,n.Street otxi-?P,is MA. e+508.862.4-683 Cax 5 ,8.862.4-782 -----Original Message----- From: Barry, Lois Sent: Thursday, May 08, 2008 10:18 AM To: Dillen, Elizabeth Subject: COMPREHENSIVE PERMITS Hi Beth, The Comp. Permit for 65 Greenwood Avenue was issued on 3/15/07, and #16 says it must be exercised within 12 imonths. Do we need an extension? The Comp. Permit for 438 Craigville Beach Road was issued on 4/4/07, and#13 It Lois 1 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 6 Parcel 1 Application# -;0070 '"5'2) Health Division Conservation Division Permit# Tax Collector Date Issued 3 Treasurer Application Fee Planning Dept. Permit Fee a� Date Definitive Plan Approved by Planning Board DrV Historic-OKH Preservation/Hyannis r�. [Project_StreetsAddress ��i ���C�����_� �� CVillage � ewne�r l l� t�? Address "1_..... , (9Q �t �0ZO IRV5 CTelephone­--9S Ar rya iTV6 Q01q l-W Q /1&1379e r� Square feet: 1 st floor:existing proposed 2nd floor:existing `100 Sf proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation- _ � •90 Construction Type Lot Size ® , s AL2G Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ® Two Family ❑ Multi-Family(#units) Age of Existing Structure PM Historic House: ❑Yes IM(No On Old King's Highway: ❑Yes Q No Basement Type: YFull ❑Crawl ❑Walkout ❑Other t (( Cal Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) pj1 '; Number of Baths: Full:existing new Half:existing c 3 f new C Number of Bedrooms: existing new "` 7AL' Total Room Count(not including baths):existing new First Floor Room ount Heat Type and Fuel: a Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes dNo Fireplaces: Existing New Existing wood/coal stove: ❑Yes MIN 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 ❑No If yes, site plan review# 2>l0 Current Use Proposed Use Xii BUILDER INFORMATION Name � �f 0 Telephone Number 550 -- tS (S— (?63 Address US License# fr y W4AV j piJ.5 0�2_G 0.7 Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 'fly D� P t FQ LLS - • A SIGNATURE �� DA rE �'I� 1 0 1 J . FOR OFFICIAL USE ONLY -a ® 5 _ i i PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE { OWNER S { DATE OF INSPECTION: FOUNDATION }1 4 FRAME INSULATION FIREPLACE , ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL u GAS: ROUGH FINAL FINAL BUILDING -If DATE CLOSED OUT r. ASSOCIATION PLAN NO. } s _ E . r The Commonwealth of Massachusetts Department of Industrial Accidents " Office of Investigations a d 600 Washington Street Boston,MA 02111 www.mass.govldia . Workers' Compensation Insurance Affidavit::Builders/Contractors/Electricians/Plumbers Applicant-Information Please Print Legibly Name(Business/Organization/Individual): . JAI IZ Agar s: &l ,eWft OJD AJ6 C--ity/State/Zip.: A-A P3�J yS If-kA, Phone-#: 50'S- 5- g6a-�2 F re you an employer? Check the appropriate box: Type of project(required):. ❑ I am a employer with 4. ❑ I am a general contractor and I 6. employees (frill and/or part-time).* have hired the sub-contractors 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 workingfor me in an capacity. employees and have workers' Y P t5'• 9. ❑Building addition o workers' comp.insurance comp. insurance.$ Irequired.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3 officers have exercised their. m a homeowner doing all work 11.❑Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12. Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13. Other i N S'1A Li✓l KG comp. insurance required.] . 000]Z-WA f -IV WA AIN *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. P"M CiLVi ,O1J R X-CTA 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 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:_ Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DU for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct Signature:- "` - Date: 7 Phone#: 101 — 3 Official use only. Do not write in this area,to be completed by city or town offciaL 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#: Information and Instructions ; Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association, corporation or other legal entity,or any two.or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling'house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the.issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced;acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for,the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have.been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-conti•actor(s)name(s),address(es)and phone number(s) along with their certificate(s)of , insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the:Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is con-Tlete and printed legibly. The Department has provided a space at.the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary) and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town maybe provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone-and fax number:. The,Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel.#617-727-4900 ext 406 or 1-877-MASSAFE Fax 4 617-727-7749 Revised 11-22-06 www.mass.gov/dia °FTME,�y Town-of Barnstable Regulatory Services '+ '!ROM $ Thomas F.Geiler,Director Mass. g 'a39' a b�� Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 509-862-4038 Fax; 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, -improvement,removal, demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. n A�; ��q,0 6,0Xt j,&0AJ -AA-;-A WA Type of Work_i.W 5f7�lJ1Jl dfCs, A l'� Estimated Cost Address of W k----,&S � 00� AAW dV l3 -wnerts N ' - -4A1�- �� -SOU Date-of Application, 1 q GO ci I<hereby,certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑$wilding not owner-occupied [Owner.-pulling_own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE ROME IMPROVEMENT WORD DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES.OF PERJURY I hereby apply for a permit as the agent of the owner; Date Contractor Name Registration No. r7 OR Date er's Natde Q:f mshomeaffidzv �F THE rp� Town of Barnstable Regulatory Services snxxsTasce, ; Thomas F.Geiler,Director 9g, 69. Building Division ATFO MA'1 A Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE:— �JOB7L�CQQATIO�19G 5 Gr" L000-0 4V6 number street village HOMEOWNER,,:, ,_�tA �, yo �- O(S 9633 name home phone# work phone# CU.RREN-T,MAlLING_IADDRES S eiZ6�00 D O A�1� city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and.requirements and that he/she will comply with said procedures and rqw irements. t G Vnature-of-Homeowner_ Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt i Z b VI N6i kOOM 86 " i m CARBON MONOXIDE ALARMS j q MUST BE INSTALLED PER p MASSACHUSETTTS BUILDING CODE S VIEWED GSA r z- BARNSTABI BUILDING DEPT. DATE 3C=D20r?n�7 FIRE DEPARTMENT DATE 5ATH4 00M BOTH SIGNATURES ARE REQUIRED FOR PERMUTING a. klrc a 15 ref %" j �y.5" i i v' �I��ST FL i 7 y ,> ~3' ✓j�Q; /�1 13GD2�QM — — i i / I I ` I �f f iT-CH �N s UTiL7ry \ c� P-00 M c ►r I A Cl I 77 j f Bk 22887 P:9 48 —W 24277 gA��STA�LE od[Eo - •BARN4[ABIl. •o� ��AR 22 All :o6 APR 12 2007 P GRO ARAGEME*NT ?��1• 11"i 1� P Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2006-096-Souza Decision -Chapter 40B Comprehensive Permit Applicant: Jair Fatima Souza Property Address: 65 Greenwood Avenue, Hyannis,MA Assessor's Map/Parcel: Map 289, Parcel 101 Zoning: Residential B Zoning District Applicants: The applicant is Jair Fatima Souza, who resides at 65 Greenwood Avenue,Hyannis, MA. Mr. Souza was granted title to the property by deed recorded in the Barnstable County Registry of Deeds on June 17, 2005 as recorded in Book 19949, Page 94. Relief Requested: The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article II of Chapter Nine of the Code of the town of Barnstable,more commonly termed the "Accessory Affordable Apartment Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9- 14 of the Code—Amnesty Program to permit an accessory apartment unit within a single-family owner- occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit in the-lower level of the principal residence. Locus and Background: The property at issue is a 0.25-acre lot located at 65 Greenwood Avenue in Hyannis. The lot was developed in 1983 with a single-family raised ranch style home. The effective living area of the main. residence is 1,409 square feet. The accessory apartment is a two-bedroom unit located in the lower level of the principal residence. The square footage of the rental area is approximately 700 square feet.• The lot is served by public water and on-site septic, and is located within a Wellhead Protection Overlay District. The town of Barnstable's Public Health Division reviewed the application, and on August 22, 2006, approved a total of five (5)bedrooms at the property with the existing on site septic system. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Growth Management Department on September 14, 2006, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760. An application for a Comprehensive Permit was then filed at the Town Clerk's Office and the.Office of the Zoning Board of Appeals. I A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on September 22,2006 and September 29, 2006 and notices were sent to all abutters in accordance with MGL Chapter 40B. On February 28, 2007 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Jair Souza,was present at the hearing. Madeline Taylor of the Growth Management Department was also present. Ms. Nightingale reviewed the file with the applicant to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on February 28, 2007 the Hearing Officer made the following findings of fact: 1. The applicant is Jair Souza who resides at 65 Greenwood Avenue, Hyannis, MA. He is requesting a Comprehensive Permit to convert an existing two-bedroom apartment in the lower level of the principal residence into an accessory affordable apartment. The conversion of the unit to an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for the"Accessory Affordable Apartment Program." 2. Jair Souza was granted title to the property by deed recorded in the Barnstable Registry of Deeds on June 17, 2005 as recorded in Book 19949, Page 94. 3. On September 14, 2006 a site approval letter was issued for the property by Elizabeth Dillen of the Growth Management Department, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 4.'The proposed accessory affordable unit is approximately 700 square feet, and is located in the lower level of the principal dwelling. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and private on-site septic and is in an identified Wellhead Protection Overlay District-The proposal has been reviewed by Thomas McKean,Health Director, and he has approved a total of five (5) bedrooms at the property with the existing on-site septic system. 7. On January 11, 2006 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 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 his principal residence. 8. The applicant understands that the affordable unit will be rented to a person or family whose income is 80%or less of the Area Median Income (AMI) of 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. 9. According to the Massachusetts Department of Housing and Community Development, as of February 28, 2007, 6.3% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. 2. _y Finding Summary: Based upon the findings, the Hearing Officer ruled that the applicant has standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicant, Jair Souza. It is issued to allow for a two-bedroom accessory affordable apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed four persons. 2. The total number of bedrooms on.the property with the existing on site septic system shall not exceed five (5). 3. The property owner shall occupy the principal dwelling as his principal residence. 4. The accessory unit shall not be occupied by family members of the owner. 5. All parking for the accessory apartment and the main dwelling shall be onsite. Parking on the property is limited to six (6) cars. 6. The owner agrees to remove the excess pavement and carry out all proposed landscaping improvements to the front yard by May 1, 2007, in accordance with the plans submitted to the Growth Management Department on February 28, 2007. 7. No lodging to unrelated persons shall be permitted in the main residence for the duration of this permit. 8. To meet the requirements of affordability, the cost of housing (including utilities) shall not exceed 30% of 80%of the median income for a single individual for the Barnstable MSA. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. All leases shall have a minimum term of one year. 10. The Growth Management Department shall serve as the monitoring agent for the accessory apartment. The Growth Management Department reserves the right to inspect the property without notice to ensure Mr. Souza's continued compliance with the terms and conditions of his comprehensive permit. 11. The applicant must apply for a building permit for the accessory unit,whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 12. The applicant may select his own tenant provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Growth Management Department of the town of Barnstable as a qualified individual The applicant will be required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs, notice must be given to the Growth Management Department and the unit must be listed with the Town. 13. Every twelve months the applicant shall review the income eligibility of the individuals occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit,the applicant shall file with the Growth Management Department of the town of Barnstable an annual 3 affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the to-,vn any additional information it deems necessary to verify the information provided in the affidavit. 14. Upon any report from the town that the terms and conditions of this permit are not being upheld,. the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 15. 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 Mana--ement Department of the town of Barnstable shall be notified within 60 days of the name and add-ess of the new owner. 16. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its, issuance or it shall expire. Ordered: Comprehensive Permit 2006-096 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code Chapter 241, section 11 If after fourteen (14) days from that transmittal the Members of the Zoning - Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be the fled in the office of the Town Clerk. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. In accordance with Chapter 214, section 11 of the Town of Barnstable Administrative Code, the hearing officer transmitted.a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on February 28, 2007. Fourteen(14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. blad C� Gail ightingale,3 6 ring Off 4 Date Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts.horeby c,rtify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and'that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of o2(V X under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 4 05-06-200 . a 12 e 491s:3, REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS Pya—?s, Id OR AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made , assl 07by and between Jair Fatima Souza of 65 Greenwood Avenue, d its suc ssors and gns (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 terms of this Agreement and Covenant regulate the property located at 65 Greenwood Avenue, Hyannis, MA as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 19949 &Page 94. B. The Project located at 65 Greenwood Avenue,Hyannis,MA will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable Unit" or the "Unit") C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit _ Appeal No. 2006-096 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book &Page 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 FOLLOWS: 1 In receiving ithe 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 parry or by which it or the Owner is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,Ithreatened 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 maxims 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 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 parry may from time to time designate by written notice. VII. HOLD HARMLESS: J 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 nun with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 19949 & Page 94 and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the.restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in deed recorded herewith as Barnstable County Registry of Deeds Book 19.949 &Page 94. 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. X. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors 3 and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends, declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merelypersonal covenants of the Owner,and (id) 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 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. XII. 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 thi�day of 2007. OWNER BY: Signature Printed:lair Fatima Souza COMMONWEALTH OF MASSACHUSETTS County of Barnstab�g,ss: On thi day of 2007,before me,the undersigned notary public,personally appeared the Owner(s),proved to me through satisfactory evidence of identification,which were ,to be the person(s) whose name(s) is signed on the preceding or attached ZICUrr.,ent and acknowledged to be that he/she signed it voluntarily for the stated purposes. Notary Public Printed: My Commission Expires: ivMADELINE P.TaYLOR Notary Public Commonwealth of massachusetts 4 My Comr�;issic;;Lf. ires December a,2009 TOWN OF BARNSTABLE BY: T WN MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable s: On this �da 007,before me,the undersigned notary public,personally appeared 94/� G, L/ 104Ir n Manager for the To of Barnstable,proved to me through satisfactory evidence of identification, ere to be the person whose name is signed on the preceding or attached document d acknowle d to be that he/she signed it voluntarily for the stated purposes. Notary Public Printed: My Commission Expires: UNDA R.WHEELDEN NOTARY PUBLIC CWYOON&A NOFWseApIIKM My Como.Eow Fie,7,109 5 co CARBON MONOXIDE ALARMS g6 �� MUST BE INSTALLED PER MASSACHUSETTS Buto �a EVI EWED I SARINSIT XLE BUILDING DEPT. DATE GJ„OSET 00, 16AT14 lOr��'�1 FI E GEPr� Tf�1ENT DA E TRSf6 -.._W ARE REQUIRED FOR PERMITTING a' k�TG SAT ttZOO t 1 ATTENTI�N; c�} .ASSACHUSETTS LAW REQUIRES ARBbN MONOXIDE DETECTORS IN ii ALL RESIDENTIAL DWELLINGS. —--- ADDITION TO_T ..HE. RE -- `S.PECTION, THE INST LLATION OF DETECTORS, INA CORflANCE / WITH 527 CMR 31.0 WILL BE I n+ BUILDING P i if �I/�sr J--OCJ`f! -PLAN lS 3„ --- /53- --------- - - - ........ 17Z i I Ll V 1 NCB ieoolv; vi CD XO(L } K i 1-GH EN � VT) L7 ry s f i 77 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel 0 Permit# �dd Health D ision Date Issued _ Conservatio Division Fee Tax Collector ga- �� Application Fee �5 Treasurer Planning Dept. Checked in By Date Definitive Plan Appr ved by Planning Board Approved By Historic-OKH Preservation/Hyannis b Project Street Address (12MWOdd 74VI Village I s Owner D Address Telephone 6-D-Y - / Permit Request C �- /� � bal-,0 Square feet: 1st floor: existing �Q`7 proposed 2nd floor: existing proposed Total new Valuation Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size �2� Grandfathered: Yes O No If yes, attach supporting documentation. Dwelling Type: Single Family A/ Two Family ❑ Multi-Fame (#units) Age of Existing Struct e I Historic House: ❑Yes LZ/No On 0ld King's Highway: ❑Yes &No Basement Type: V Full ❑Crawl 0 Walkout ❑Other Basement Finished Area(sq.ft.) Basemen Unfinished Area(sq.ft) Numberof.Baths: Full: existing new alf: existing new Number of Bedrooms: existing J- new Total Room Count(not including baths): existing new First Floor Room Count 21 Heat Type and Fuel: VGas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes 4 Fireplaces: Existing I New Exis'ng wood/coal stove: ❑Yes W 4o Detached garage:0 existing ❑new size Pool: ❑existing 0 new size am:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size 0 er: Zoning PP Board of Appeals Authorization/peal# 2-0�'Ma Recorde Commercial ❑Yes cZNo -" If,yes,-site plan review# Current Use O Mltw Apddlwp Proposed Use BUILDER INFORMATIONti —L Name JA 1a- Ir- S00 ?A Telephone Number — l Address 65 6�5iiJWCkOlb AU E License# W4Atj/V LS L(�o( Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO �� oq SIGNATURE DATE FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS - VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME f ' INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. i r T - i " AI _ w WARS AS In r•% Lam_ _ _ .. x'+ti wc,�.ww�•.turanc,n.Nt3 'u % .+iwaaw.,...wu -one FEB. 28. 2007 3:06PM IND, 26 P. 1 IH r Town of Barnstable �. Gro-vyth Management Department.367 Main ut.eet, Hyannis, NIA 02601 f l Tel: 862.-4678 Fax: 862-4782 o FAX COVER SHEET - Time: At.n: Number of Pages (incl.. cover sheet): From: Cornrnents: 0 QD � G a d e,�� •A a Y � � s,f Y `�° r'� 1��� w•ti� �r i h � � �� ,� � .�'°�,�� p3OV �-S I �„ � l b 3 x i i F.. a u'� Y Y d Y� A � • � "- ';.<. ,Qf,,,,- � �� , ,saw- �� � v zr,=� ': � 1 --;3.��: 33 r `1 Dl i i � 3 fi a? r} 3 t , H '®--�•.��.� r ..,-..�...,r...�-..tee...... a. xa �gg-",Z ��� r �-,.R� 1 �aY •s�,.. ��1Xt i3. iS 1 � ..S I. d .;�„ �. � '=z 4� II'� � ��� �� �� �.� P c' J .. �,pa"•��f �9�rr"7.7rr� 'r .,s', 7� �, ':h w'• r - A ; "�y...�s��rw�_ •'��: _. ���' '�` �'�M�r����i y� "y, -� has '.. 4 y .. � �����t�����N�+�� .��nr'�N�''�f��y9�r✓�'r/ �r/rr 1,����y'^� fir` ��, �' � ' 0 h a , r E r ! ' `. , ! r ' ' L €l 3 + 4. kr, f�� ce /< 3q'7q� �� 3 7 a f Gz�yr� 7X4L'f_ `'w TO- RICHARD BEARSE' JUNE 25 1993 BUILDING INSPECTOR HYANNIS FROM DOUGLAS CAHOON . 65 GREENWOOD AVE HYANNIS MASS. 771-6383 Mr Bearse, I am a tenant under a lease at 65�s§reen— wood Ave in Hyannis that expires in July of 1994. The landlord is Debra Eck 302 Whistleberry Drive Marstons Mills. I have been denied access to part of my leased property and it is my belief that they have converted the space for purpose of a rental appartment. I believe that this is in violation of town building and zoning by-laws. I would like to request an inspection and investiga- tion of this attempt by the landlord. I work for Peckham Electric and I amihome every evening after 6PM if you would like to call for any further information. Thank You for your attention Douglas Cahoon ( 7716383 ) �„�•si TOWN OF BARNSTABLE Permit No. Building Inspector Cash ob OCCUPANCY PERMIT Bond -----__ Issued to Address Wiring Inspector Inspection date Plumbing Inspector Inspection date Gas Inspector Inspection date Engineering Department Inspection date Board of Health Inspection date THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIC7NED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. ...................................................... 19......_._ .................................................................................................................. Building Inspector Assessor s map and lot number f�QQ-` a ' 2.8..l..— A-)./........... ... / �� yOFTHETO� Sewage Permit number ......!......................................... H�9T�nlB. House nurrnber S l .. SEPTIC SYSTEM MUST BE t AM INSTALLED IN COMPLIANC °°'i�owaY'a�� TOWN OF BAR „ 7T v� l �E AND r. TOWN REGULATIONS ' BUILDING INSPECTOR APPLICATION FOR PERMIT TO ..... ..................................................... TYPE OF CONSTRUCTION ...........:.. �?11����..... ® ..... � ..................:...................... ...... . .. .. .............................19. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according tto the following information: Location !5.*33............6A.f.&YwR°.&A ... �s.......... ............................ ................................... Proposed Uses'1.s� sd�C! ....................................................................................................................... ....................... ... Zoning District ................. .. ......................................Fire District .................... ? T Uft//. ................................. Name of Owner /.C�(/f/�.� .� i� .. ........Address ...a5...... �..... .... !Y Nameof Builder ................S� ....................................Address ...............................:.................................................... Name of Architect .....6-36OP-WE ..-160. ..........Address 7,410.4�................................. Number of Rooms ........ . . ..... 49.... ...�.a� .....Foundation .......L'.Cld►/a ' ��............................................. Exierior ., ........%�..'�.��.?;1...�.�.��,r42�.....................................Roofing .........�.�,�................ � ....................... Floors / ............��..�G�..........................................................Interior ..........�.✓�'�°.Lcl��<.................................................. Heating �10¢.. .....................Plumbing ........."��j� .... /gyp . ..:.. ...... Fireplace ........! del ..........................................................Approximate. Cost ....... ...✓..... Definitive Plan Approved by Planning Board -------------------------------19--------. Area !/2 l.. ... ................... Diagram of Lot and Building with Dimensions Fee / �' SUBJECT TO APPROVAL OF BOARD OF HEALTH 2 Po1�a E' OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name( r.�.�. ................................. Construction Supervisor's License .. av••`.•'.... ... ECK, RICHARD & DEBRA Story- No ... Permit for ......1 1-2............................... Single Family Dwelling . ............................................................................... Location jtq:�...�.�A. 65 Greenwood. ...Avenue ............................ ..... ...... Hyannis ........................................................... .................. Owner Richard & Debra .........Eck ....................................... ............... Type of Construction ....Frame................................ ..... ................................................................................ Plot ............................. Lot ................................... Permit-Granted „August 31......................... ...........19 83 Dote�of. Inspection ...... ....................19 Date Completed ................19 ;. IZ�f &"el S7/A/G Fo v Nzoama Au 0 � � O Lo7` '�33 // �.,3T G F 67`l 7i Al jOW A/ WAY:' �Rc-lff / w6 d z — /4ve5w 40�W/D E LOCAT/a N yy�9NN/S �i9S S, /4t e. Z3,/9B3 P441 V Z&,V: BElAl C Zor 4`.3`3 3'f�obviv o N A PLA+v �•� JtA ftu cs s. JriN�; ,N ,1 . : ,,, Z c�r,�y rN�''TJI�y �isn.vF �u�s�977o✓ SB7 G/C' ,BAxLJusT/4�Lf! ��'T/7 a A;1672 I duo'. .vy SHEET / of Z .�HEET'3 .�` t ti�• �a0 f z VV. 7. EL--V �} 23� r /o I i Lo T'v-:'3 21 to9cN O � Ar 1 N 42I > i 25.E Ze.-WAV&LIZ t ev. Rs9ve7Li&v7- -- 7VWN W,D'-/ GjQ��N(NoDO /91/C�NLE 40'WiDE o AI -S T� T>L•gn/ Locg no,v I-Iy/o9NN/--s' 5C,94,&7- /'/=-To Z>ArE- TuGy /8� 3 PLC 2e'F: ,8,-7,v G LcT 3 3 fA+ AG/C� 3. /MINE JCT/N/� Ae. PAyNEl q /N PZ.B,C. 3B Pa. 9/ S CE2TiGy 7WA?r Tf/E A/Za�Jos 0 �W6?1/n/G r.l 7 �. r $f/pwni oN 77/i5 PLH�v CoNFaQr93 TD 77VC a!F 7N.. 7a WAI o� Bsr�.vs�8c t .T�c..s .Q../983 � �, ,��•J ,L�/Cf�A�ieD �CK- P��77T/dN��. / .. .P�z. L4•�vD 5�.2✓dyo•e� SN��7 Z. vx- Z SHOTS, y. • L. . . ZL,oc. ... . TOP OF FOUNDATION CONCRETE COVER CONCRETE COVERS 4 CAS IRON PIPE (OR t2r � 17"MAX. 4 ORANGEBURG(OR EQUIV. EQUIV)- MIN, PIPE- MIN. LEACH PITCH 1/4"PER. PITCH 1/4"PER.FT. PIT PRECAST NVERT •. a LEACHING ` EL..h14..3.. INVERT INVERT : . T �•; PIT OR SEPTIC TANK EL..Z ,. DIET. W EQUIV. e INVERT �'S BOX EL.X;`BS �, >x 1 a; EL.z3.�3.zr.. (oQ GAL. INVERT INVERT W p '° 3/4��T0 I V2• EL X U. 8 �'�� WASHED W STONE PROR LE OF GROUND WATER TABLE SEWAGE DISPOSAL SYSTEM NO SCALE SOIL LOG WITNESSED BY : DATE .G/?7/83... TIME. '?!a !t'l . . . . . . BOARD OF HEALTH TEST HOLE I TEST HOLE 2 -S'T�"T3a1v !e.NAl.4� "!2�S, , ENGINEER ELEV. . Z4.Go. . . . ELEV. .Z4-'4. . . Tyv Ya.e- Ti , �•. DESIGN DATA : NUMBER OF BEDROOMS "'� TOTAL ESTIMATED FLOW . . 330 . GALLONS/DAY BOTTOM LEACHING AREA -�4 . . Sj.FT. /PIT SIDE LEACHING AREA . !099P'6.'�) . . . SQ.FT./ PIT FiN� F�N� GARBAGE DISPOSAL . . Nv. . :(50% AREA INCREASE) Sgwip SA+�v TOTAL LEACHING AREA . 7<44 . SQ.FT PERCOLATION RATE l.E33 MIN/INCH 144 62.iZ.Lm 144A' CZ.iZ.Lo LEACHING AREA PER PERCOLATION RATE .�-?.. SQ.FT. .NP .WATER ENCOUNTERED NUMBER OF LEACHING PITS . 1 .PiT 40W77y, APPROVED . . . . . . . . . . . BOARD OF HEALTH DATE . . . . . . . . . . AGENT OR INSPECTOR EDWAN EP�t0 OF 8 z Lo7 ST 33 �/i/rqq► . V IW T GCE �c!ovD f�1/��!c!� �c, �► 527 .Go . . �}Jt!N/S� /y�SS a 9�OI3TEA� PETITIONER r - G SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. ;Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery, For additional fees the following services are available. Consult postmaster for fees and check box(es)for additional service(s) requested. ,1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number ` P 650 798 016 Ms. Debra Eck r ' Type of Service: P. 0. BOX 36009 ❑r-��Registered ❑ Insured L+�Gertified ❑ COD Orlando, FL 32823 ❑ Express Mail ❑ Return Receipt for Merchandise Always obtain signature of addressee - - �� or agent and DATE DELIVERED. 5. Signature — Addressee 8. Addressee's Address (ONLY if X- requested and fee paid) 1k6. Signature — Agent I X 7. Date of Delivery c-16L 11 17/1? ltt PS Form 3811�,Apr. 1989 *U.S.G.P.o.1989-238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SE E P M N JU OFFICIAL BUSINESS O 1 j N SENDER INSTRUCTIONS o Print your name,address and ZIPe h in the space below. • Complete items 1,2,3,and 4 on the U reverse. • Attach to front of article if space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO Mr. Richard Bearse, Building Inspector TOWN OF BARNSTABLE 367 Main Street i Hyannis, MA 02601 � r a♦ ^r Certified Mail Receipt No Insurance Coverage Provided e Do not use for International Mail UWED STATES POSTAL SEf E (See Reverse) Sent to Ms. Debra Eck Street&No. P. 0. Box 36009 P.O.,State&ZIP Code FL 32823 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee O Return Receipt Showing 0� to Whom&Date Delivered 0) Return Receipt Showing to Whom, Date,&Address of Delivery 7 TOTAL Postage &Fees Postmark or Date M E ti to a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1.If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier(no extra charge). m 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the retur"ri a'> address of the article,date,detach and retain the receipt,and mail the article. ` 0 3.If you want a return receipt,write the certified mail number and your name and address on a rn return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to the back of article.Endorse front of article RETURN C RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 00 5.Enter fees for the services requested in the appropriate spaces on the front of this receipt. If E return receipt is requested,check the applicable blocks in item 1 of Form 3811. ri 6.Save this receipt and present it if you make inquiry. *U.s.G.RO.1990.270-153 a' 17 -We'd( 11;'FId�e A,;tJscve r L��a r _ iy.A. � The Town of Barnsiable •.•.. Inspection Department. ,6Id,q.M�,� 367 Main Street, Hyannis, MA 02601 .'- 508-790-6227 Joseph D.DaLuz- Building Commissioner May 29, 1992 Ms. . Debra. J.,.Eck :' 6 P. O. Box .36009 Orlando,: FL 32823 s N RE: A=289-10.1 65 Greenwood Avenue, Hyannis; Dear Ms. Eck: x This office is receipt of a complaint alleging that you have` ` converted space in the lower level of your dwelling to a second living unit. Your dwelling is located in a Residence B zoning district and only single family dwellings are allowed. Please contact this office immediately re the above matter. Very truly yours, eicand Building Inspector RRB/gr Certified mail: P 650 798 016 R.R.R. t r . t Itua _ r -. The Town of Barnstable OBASTIT ` Inspection Department 367 Main Street,Hyannis, MA 02.601 508-790-6227 Joseph D.DaLuz Building Commissioner May 29, 1992 t e x 3 Ms. Debra J... Eck k. P. 00 .Box 36009 Orlando, ,. FL 32823 RE: A=289=101 65 Greenwood Avenue, Hyannis Dear Ms. Eck: This office is receipt of a complaint alleging that you have converted space in the lower level of your dwelling to a second living unit. 3 I M Your dwelling is located in a Residence B zoning district and only single family dwellings are allowed. Please contact this office immediately re the above matter.. Very truly yours, i4ca nd R. e�arse Building Inspector RRB/gr Certified mail: P 650 798 016 R.R.R. r r`. � _ I TOWN OF BARNSTABLE BUILDING DEPARTMENT COMPLAINT/INQUIRY REPORT D ec 'd B Assessor's No 9',9-7/®� ast Name First Name ORIGINATOR Street vil x7l State 2 i �a ele one: Home Work Description: ' COMPLAINT INQUIRY e Requestor's Signature COMPLAINT —St reet Address LOCATION OFFICE USE ONLY INSPECTOR'S ate ACTION/ �'`---------.-...., Ins e c t or COMMENTS ------------- FOLLOW-UP ACTION ADDITIONAL INFO. ATTACHED COPY DISTRIBUTIONI WHITE , DEPARTMENT FILE YELLOW PINK - INSPECTOR INSPECTOR (RETURN TO OFFICE NI601 GREENVOOD AVENUE Crylol TOSI 400 By KEYj 194505 ----MAILING ADDRESS------- PCAjjojj PCS]00 yqoo PARENTj 0 ECK, DEBRA J MAPj AREAjSSCC 01420253 MT012006 F 0 BOX 36009 SPIj SP2] SP3j Unj UT2] .25 SO FTJ 1248 ORLANDO FE 32823 AYBj!903 uylgS3 OBSJ CONST] 0000 LAND 31400 imp 11400 OTHER 1000 ----LEGAL DESCRIPTION---- TRUE MYT 123800 REA CLASSIFIED &AND 1 31 ,400 ASD LNO 31400 ASP IMP 91400 ASO OTH 1000 #0LDG(S)-CAPO-1 1 91 ,400 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE • #OTHER FEATURE 1 1 ,000 TAX EXEMPT IFL 65 GREENWOOD AVE RY RESIDENT'L 123800 123800 123800 #DL LOT 33 OPEN SPACE #RR 0633 0140 COMMERCIAL INDUSTRIAL EXEMPTiONE 3ALE1071SO PRICEJ 1 ORS16340/270 AFOI 1 14 CAST ACTIVITY105122191 punly I 3G rh 57, Z�jl/ v�S . o / Q z e�i. '��� Inc► �.s ev_� ®u-c. &,WOZV Zell All y 1 1 i� �� �f,�rJ��S wf11� �9 ie9 �.� ���o�rJ• O!� �F � . 141- fr f t O _ IIk • i 11 lIl l 1� i�I !I[ I�I i 'II i - I' II� ,I III II III I I l l �I1 J Braz[1414,ri) Interpreter Ag,,#hicy 491'-A&IeP�S?Sfr6�t-C"WOK&koi-`IYyant+7}SNtl�1-U2fi0ii>Fax 56 Z71'=1823'' o o Cape Coeur dAbstft, 4 _ English "Portuguese' Patricia Marques, Denise Barsness (774)836,0920 1{508)958-1157 patdcia360@netzero.net d6 jhbness@comcast.net ti Al \O�o r 1 Nna9 1 �s : � uA 7-0 �o OuZA !S 6,01 �� Tc61) l� 69(4 n2 S A Mry cA uL pt6 g materials to be used or factory brochures um 4' high, non-climbable fence with a self- annis Main Street Waterfront Historic District those jurisdictions. ractor's License is required for an in-ground -ground pool vit must be submitted for an in-ground pool. idavit form must be submitted must be submitted if homeowner is acting as ct. nD r rntts OL -e- see -. bu dL i m J TOWN ENGINEER JR. ENGINEERING TECH. SR ENGINEERING TECH PROJECT ENGINEER -+-. SR. PROJECT MANAGER C TOWN SURVEYOR TECHNICAL DRAFTSMAN -- PROJECT ENGINEER SPECIAL PROJECT MANAGER a 1 ' Pv�THF r�� Town of Barnstable Vr O y Regulatory Services BARN9 MASS. Thomas F.Geiler,Director �A 1639. ♦0 >FDMA'�A Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: .508-862-4024 Fax: 508-790-6230 May 2, 2006 Mr. Jair Souza 65 Greenwood Ave. Hyannis, MA 02601 RE: 65 Greenwood Ave. Hyannis, Ma 02632 Map 289—Parcel 101 Dear Mr Souza: This letter is to inform you that you currently are in violation of Barnstable Zoning Ordinance 240-14 (A). You must contact this office by May 22, 2006 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. By Order; Li a Edson Amnesty Zoning Enforcement Officer Building Department �u px b 5 x Qzoning5 V McKean, Thomas From: McKean, Thomas Set t: Wednesday, March 08, 2006 10:08 AM To: Taylor, Madeline Cc: Weil, Ruth Subject: 65 Greenwood Avenue HISTORY In 1983, only three bedrooms were approved for this property. The building permit was issued for a five room house(three bedrooms maximum). In 1985, the Board of Health adopted a Regulation restrictingbe number of bedrooms to 330 gallons per acre per day. This site is restricted to the existing three bedrooms; no additional bedrooms would be allowed. Sometime around 1992, the basement was finished into an illegal apartment according to a complaint letter in the building department files. However, this property is only 0.25 acre located within a nitrogen sensitive area. No additional bedrooms would be allowed according to the State Environmental Code, Title 5, because this is such a small parcel within a nitrogen sensitive area. On July 21, 2000, the failed septic system onsite was repaired. �Q � �. RECOMMENDATION TO DENY APPLICATION T-) It ismy recommendation to deny this application for five bedrooms at this property, t2� 1 Barry, Lois From: Barry, Lois Sent: Tuesday, March 07, 2006 1:43 PM To: Taylor, Madeline Subject: RE: Pending Applications Hi Madeline, The street address file shows an Occupancy Permit dated 11/22/83, but it doesn't list the number of bedrooms. The building permit application was filled out for 5 rooms, number of bedrooms not specified. We do not have building plans. I do see correspondence from 1992 re a second living unit in the lower level. I imagine you've seen the 9/30/05 letter from Tom McKean stating that no more than 5 bedrooms are allowed at this property. Lois -----Original Message----- From: Taylor, Madeline Sent: Tuesday, March 07, 2006 12: 12 PM To: Barry, Lois Cc: McKean, Thomas Subject: FW: Pending Applications Hi Lois, When you get a moment can you please check the file for 65 Greenwood Avenue and see if there is anything on file regarding the number of approved bedrooms. Thanks, Madeline -----Original Message----- From: McKean, Thomas Sent: Wednesday, March 01, 2006 9:32 AM To: Taylor, Madeline Subject: Re: Pending Applications Hi Madeline, ; I'm in Taunton today. I am awaiting an update from your Office (or from the applicants) regarding the first three listed below. In regards to Greenwood Avenue, does the Building Division have any records regarding the number of bedrooms approved there? -----Original Message----- From: Taylor, Madeline <Madeline.Taylor@town.barnstable.ma.us> To: McKean, Thomas <Thomas.McKean@town.barnstable.ma.us> Sent: Tue Feb 28 14 :59:38 2006 Subject: FW: Pending Applications Hi Tom Just following up with you to see if you have you made decisions on any of these. Please let me know. Thanks Madeline 1 Barry, Lois To: McKean, Thomas Subject: RE: 65 Greenwood Tom, Tom Perry has reviewed the file and suggested I ask you how many bedrooms are allowed--5 or 3? Lois -----Original Message----- From: McKean, Thomas Sent: Wednesday, March 08, 2006 8:50 AM To: Barry, Lois Subject: 65 Greenwood Hi Lois Do you have a record of how many bedrooms were approved for construction at this site? -----Original Message----- ' From: Taylor, Madeline Sent: Tuesday, March 07, 2006 12:12 PM To: Barry, Lois Cc: McKean, Thomas Subject: FW: Pending Applications Hi Lois, When 0 you get a moment can you please check the file for 65 Greenwood Avenue and see if Y there is anything on file regarding the number of approved bedrooms. Thanks, Madeline -----Original Message----- From: McKean, Thomas Sent: Wednesday, March 01, 2006 9:32 AM To: Taylor, Madeline Subject: Re: Pending Applications Hi Madeline, I'm in Taunton today. I am awaiting an update from your Office (or from the applicants) regarding the first three listed below. In regards to Greenwood Avenue, does the Building Division have any records regarding the number of bedrooms approved there? -----Original Message----- - From: Taylor, Madeline <Madeline.Taylor@town.barnstable.ma.us> To: McKean, Thomas <Thomas.McKean@town.barnstable.ma.us> Sent: Tue Feb 28 14 :59:38 2006 Subject: FW: Pending Applications Hi Tom Just following up with you to see if you have you made decisions on any of these. Please let me know. 1 Thanks Madeline -----Original Message----- From: Dillen, Elizabeth Sent: Monday, February 27, 2006 12:40 PM To: Taylor, Madeline Subject: FW: Pending Applications Elizabeth Dillen Town of Barnstable Growth Management Department 367 Main Street, Hyannis MA 508.862. 4683 -----Original Message----- From: McKean, Thomas Sent: Wednesday, February 08, 2006 10:53 AM To: Dillen, Elizabeth Subject: Pending Applications I have some pending applications as follows: 21 First Avenue - Awaiting a septic system inspection report 94 Overlook Drive- Awaiting an inspection report 16 Claus Way- Please call me to discuss this one. What is the status with your Office? Is he sti11 pursuing this application? 65 Greenwood Ave- Small parcel inside a nitrogen sensitive area, should be three bedrooms, not five. 2 Barry, Lois From: Dillen, Elizabeth Sent: Wednesday, February 15, 2006 9:51 AM To: Edson, Linda; Perry, Tom Cc: Barry, Lois; Taylor, Madeline; Lauzon, Jeffrey; Roma, Paul; Fitzgerald, John Subject: Amnesty Update Update on Properties Referred to Amnes1y Program by Building Division- February 2006 CENTERVILLE • 10 Nye Road, Centerville -Annette Crowley YES - ZBA hearing on 2/15/06 • 111 Longfellow Drive, Centerville -Jose Gonzalez NO -Jose opted to apply for a Family Apartment permit and rent the unit to his niece. HYANNIS • 56 Pine Grove Ave, Hyannis -John Monteiro .YES - ZBA hearing on 2/15/06 • 50 Marston Avenue, Hyannisport-William Davis YES - Site approval issued on 1/24/06; tentatively scheduled for ZBA Hearing on 3/22/06 • 117 Hamden Circle, Hyannis - Ezio Marinho YES -Had site visit on 2/1/06; septic application under review • 438 Crai ille Beach Road West Hyannisport-Tom Ca izzi,Jr. �' � P J PROBABLE (5 UNITS) - Had site visit on 2/10/06; septic application under review • C"65 Greenwood Ave, Hyannis-lair Souza PROBABLE -Had site visit on 11/18/05; septic application under review • 21 First Ave, Hyannisport-John Ligor QUESTIONABLE -Had site visit on 1/17/06;requesting six bedrooms on septic application;having septic inspection report completed; still questionable whether this is principal residence MARSTONS MILLS • 16 Claus Way,Marstons Mills - Scott Morse PROBABLE - Had site visit on 10/13/05; septic was approved for three bedrooms on 2/14/06; Scott is having independent septic evaluation completed • 1110 Route 1+, Marstons Mills - Dorothea Sylvia NO -Had site visit on 1/27/06; she opted not to participate in the Program due to expense of bringing windows up to code (confirmed this on 2/15/06) � 1 �°Fiore r�� The Town of Barnstable �aARS E,MASS. Growth Management Department 2006 JAW 12 PM 3. 37 MASS. i659. A'FD 1"°�a 367 Main Street, 3rd Floor Hyannis, MA 02601 DIVISION Tel: 508-862-4678 Fax: 508-862-4782 January 11,2006 Mr.John C. Kl mm, Town Manager Henry C. Farnham,Town Council President Barnstable Town Hall 367 Main Street _, Hyannis,MA 02601 Re: lair Souza— 65`Greenwo-od=Ave,_H�ra'nni's - a single-family accessoryunit Gentlemen: This letter is to inform you that the Accessory Affordable Housing (Amnesty) Program has received requests for project eligibility letters under the Community Development Block Grant (CDBG) Fund and under Article II of Chapter Nine of the Code of the Town of Barnstable and the criteria for the Local Chapter 40B Program. This office is reviewing the requests. If the Town has any comments on the projects,please forward them to me so that they can be addressed in the site approval letter. This letter gives you official notice of our receipt of the above application(s). We will issue a decision as to the acceptability of the sites and the consistency of this development within the guidelines of CDBG. Sincerely, E eth Dillen Special Projects Coordinator Growth Management Department cc: Town Attorney's Office //'Building Department Public Health Department Certified mail: 7003 1680 0004 5458 3466 4aftket Town of Barnstable Regulatory Services sA�rtsc. c� k Thomas F. Geiler, Director Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 September 30, 2005 Jair Souza 65 Greenwood Ave Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF 310 CMR: 15.00 THE STATE ENVIRONMENTAL CODE TITLE V: MINIMUM REQUIREMENTS FOR THE SUBSURFACE DISPOSAL OF-SANITARY SEWAGE. On September 26 2005, Health Inspector David W. Stanton, R.S. and Building Inspector Russ Wheeler investigated a complaint regarding overcrowding at the property owned by you located at 65 Greenwood Ave, Hyannis. The following violations of 310 CMR 15.00, the State Environmental Code, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage was observed: 310 CMR 15.352: Increases in Design Flow to System. Seven (7) rooms were observed being utilized for sleeping purposes. This is an increase from the septic systems approved capacity at this location for Five (5) bedrooms only, permit number 2000-431. This property is located within a zone of contribution to public water supply wells, and a nitrogen sensitive area. No more than Five (5) bedrooms maximum are allowed at this property. You are directed to correct the violation listed above within thirty (30) days of your receipt of this notice, by eliminating two of the rooms used for sleeping purposes so. a total of only five (5) rooms are utilized for sleeping. You must obtain a building' permit to eliminate the privacy of a bedroom by removing a wall or by installing a minimum 5' cased opening without doors to eliminate the privacy of a bedroom. The "TV Room" in the basement shall be converted back to a "TV Room" by removing the two beds from that room. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the date the order is served. Non-compliance will result in the issuance of a non-criminal ticket citation of $100. Each day's failure to comply with an order shall constitute a separate violation. PER ORDER OF TH BOARD OF HEALTH Thomas A. McKean, CHO, RS Director of Public Health Q:\Order letters\Septic\65 Greenwood Ave,Hyannis.doc f Town of Barnstable Regulatory Services 9'" 'SSS.M Thomas F. Geiler, Director A 1639' ♦0 lFn N►p+" Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 September 29, 2005 Mr. Jair Souza 65 Greenwood Avenue Hyannis, Ma 02601 Re: lower level apartment in a single-family district To Whom It May Concern: . After inspecting the premises at the above-referenced address, I found that the lower level of the home has been converted into a apartment. Reviewing the files it appears that the area in questioned has been an on going problem even before you purchasing the property. In order to correct this matter,you can convert the space back into a single-family dwelling by removing the kitchen and bedroom(s) or you may apply by application through our department for a Family Apartment (copy enclosed). Please contact this office within fourteens (14) days from the date listed above. Sincerely, � Imap � Russell Wheeler ' Local Inspector of Buildings Cc: Tom Perry, Building Commissioner David Stanton, Board of Health Town of Barnstable F11HE r � Regulatory Services 10 Thomas F.Geiler,Director * BAMSTABLE. 9 MASS. Building Division 1639• 0 iOrFp Mplp Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 COMPLAINT/INQUIRY REPORT Date:�' 24-�'� Rec'd by: `Complaint Name: Map/Parcel Location Address: �J� Y' �W��� AVE, Originator Name: m/, Street: Village: State: Zip: Telephone: !nv� - -77 &_ Coq Complaint Description: &)VS &4A-tf r"1f r FOR OFFICE USE ONLY Inspector's Action/Comments Date: :76—2cl-a5 Inspector: 1/o ANC 3 s +c+n,E5Ns S (k..)UoW e fl S U_je(,L, , dxre_ ` 65 0+,1 '6-31-o j -b C�C✓L d C Additional Info.Attached Q:forms:complaint to y Linda Whitcomb 88 Greenwood Ave/mail: 707 Main St. Hyannis MA 02601 8/22/05 Town of Barnstable Building Inspector's Office/Health Dept. 200 Main St Hyannis MA 02601 Dear Sir/Madam: I am a 20-year resident at 88 Greenwood Ave, Hyannis. There has been 2 properties transfer ownership this past July, Vs 64 and 65 Greenwood in which I am writing in complaint of extensive remodeling currently taking place. Od l #66 Greenwood- Has paved the front lawn completely, making a large parking lot for several vehicles, and apparently have added apartments in this single- 33 family house. #64 Greenwood- has added a kitchen in the basement and also has added partitioned walls and bathrooms for apartments as well, with many people working late into the evening on the renovation, sometimes until midnight. We currently have a rooming house in our neighborhood owned and operated by Nancy Johnson, which in itself seems on the fringe of building codes, (but has been there for many years). I cannot see without applying for variances to building and health codes a way in which either of these other 2 properties could possibly be in compliance with current codes for residential neighborhoods. And do they not have to notify abutters of such application? Many of the neighbors on the street are in an uproar and we do not want approval of either of these apartment houses. Please let me know what we can do to be proactive in protecting our neighborhood from such development. Regards, ' Linda Whitcomb 88 Greenwood Ave Hyannis MA 02601 508-771-5446 (bus.tel.) 508-775-3481 (home tel.) A Properi+j#Location:_64LGREENWOOD AVENUE MAP ID:2891114111 Bldg Name: State Use:1010 Vision ID:22121 Account#194630 Bldg#: 1 of 1 Sec#: 1 of 1 Card 1 of 1 Print Date:08/19/2005 10:44 .,. :. _ ---- i�,,w 'n �-"3 � .max. ;) 3..'+� sp.. S. .r � �.,• -�T � 1 -� .Element Cd. ICh.Pescription Element Cd. Ch.Pescription Q - tyle 01 Ranch Q Model 01 Residential Foundation 01 FEP 13 ade + Average Plus , l 10 1 tones 1 1 Story Bath Split 21 a 13 Occupancy Exterior Wall 1 " 14 1 Wood Shingle Code Descriplion Percentage 2 14 16 Exterior Wall 2 11 1010 Single Fam 100 Roof Structure D3. Gable/Hip 16 16 WDK 1 I ` oof Cover 3 sph/F GIs/Cmp Interior Wall 1 5 Drywall 3 rAs p- 16 � �� � � Interior Wall 2 r °Q`�' a9. ^_ a a+ Interior Flr 1 14 Ndj.Base Rate: 38 Interior Fir 2 12 eplace Cost BAS Heat Fuel 2 YB BMT Heat Type 5 Hot Water 1960 ep Code C Type 1 None 1984 Jnacki.Base Rate Total Bedrooms 3 3 Bedrooms A emodel Rating 0 3 Total Bthrms I ear Remodeled Total Half Baths 1 ep% Total Xtra Fixtrs uncnl Obslnc otal Rooms 6 6 Rooms 0 con Obslnc Bath Style tatus 51 Kitchen Style Cost Trend Factor /o Complete 0 verall%Cond 2 pprais Val NO ep Ovr Comment ? � r disc Imp Ovr s disc Imp Ovr Comment ost to Cure Ovr ost to Cure Ovr Commei A f ��� �� Code escri.tion Sub ub Descri t LUM Units Unit Price Yr Gde Rt"" Cnd NW1oCnd WPr Value SHED hed L 80 .00 1900 100 600 �� EN ennis Court L 7,200 1.25 1900 100 9,000 Y "' PLl fireplace B 1 ,000.00 1984 1 100 2,400 < � � GAR smt Garage B 1 ,000.00 1984 100 3,200 . RR1 smt Rec Roon 0 908 0.00 1984 1 100 7,400 Code Oescription Livin Area Gross Area E ..Area I Unit Cost Undre rec. Value AS First Floor 1,836 1,836 1,836 0.00 0 MT Basement Area 0 1,816 182 0.00 0 • 's a PEP Enclosed Porch 0 130 39 0.00 0 . 2 K Wood Deck 6 26 0.00 0 0 5 •w Property Location: 64 GREENWOOD AVENUE MAP ID:289/114/ Bldg Name: State Use:1010 Vision ID:22121 Account#194630 Bldg I of I Sec#: 1 of 1 Card I of I Print Date:08/19/2005 10:44 M N-Vor KASPARIAN,KAREN& Description Code JAppraised Value Assessed Value GAUDETTE,TIMOTHY RESLAND 1010 141,200 141,200 801 12 POWDER HILL WAY RESIDNTL 1010 177,800 177,800-'arnstable 2005 Data,M, RESIDNTL 1010 9,600 9,600 WESTBORO,MA 01581 Additional Owners: ther ID: Plan Ref. 243/109 Tax Dist. 400 Land.Ct# Per.Prop. #SR Life Estate #DL1 LOT Notes: VISION, #DL 2 IGISID: 22121 IASSOCPID# Total l 328,6001 328,600 KASPARIAN,KAREN& 14872/268 02/28/2002 Q 1 300,000 00 Yr. Code Assessed Value I Yr. I Code Assessed Value Yr. Code I Assessed Value DOMINIC,JOHN J&ADELIA A TRS 12612/167 10/20/1999 Q 1 265,000 00 2004 1010 141200 200311010 74,3002002 74,300 FOKAS,KATHY,WILLIAM&CHR ETAL 8067/314 06/15/1992 U 1 1 1A 2004 1010 147:300 200311010 171,400 2002 '100110 0 171,400 FOKAS,JAMES B& 8054/257 06/15/1992 U 1 120,000 IA 2004 1010 9,600 2003�1010 9,6002002 10101 9,600 FOKAS,JAMES B& 5279/292 09/15/1986 Q 1 185,000 00 BROWN,DONALD B&JEANNE P 1542/335 Q 0 Total:. 255,300 255,300 This signature acknowledges a visit by a Data Collector or Assessor Year Type Oescription Amount Code JQescription Number Amount. Comm.Int. Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 13,000 N TRACING BATCH Appraised OB(L)Value(Bldg) 9600 Appraised Land Value(Bldg) 141:200 X Special Land Value 0 Total Appraised Parcel Value 328,600 Valuation Method: 0 Adjustment: 0 et Total Appraised Parcel Value 328,600 yp Permit ID Issue Date_ 7)vpe Description Amount Insp.Date %Camp. Date Comp. Comments Date T e is ID Cd. Purpose/Result 10/16/2002 PT 00 eas/Listed 3/2/2000 JG 03 Data Mailer 6/15/1988 ML I lip, B# Use Code Description Zone D ronta e Depth Units Unit Price I Factor S.A. S.O. C Factor ST 1dx Ad'. Notes-Adi Svecial Pricing Adj. Unit Price Land Value 1 1010 RB 4 1 1.00 AC 170,000.00 1.00 5 5 1.00 0103 0.75 141,200 1 1010 RB 4 0.13 AC 25,500.00 5.51 R R 1.00 0103 0.75 0 .7 7 - Total Card Land Units:, 1.13 AC I Parcel Total Land Area:1.13 AC Total Land Value: 141,200 W4 *on: 6%GREENWOOD AVENUE MAP ID:289/101/// g State Use:1010 Bld Name 22108 505 Bldg# 1 of 1 Sec# 1 of 1 Card 1 of 1 Account#194 r.r::,' Assessed Yalue Print Date:08/19/ O "1 Description Code Appraised Value Ass JAUDETTE,TIMOTHY& 1 evel ublic Water 1 aved p SPARIAN,I{AREN A as S LAND 1010 97,000 97,000 801 5 GREENWOOD AVE SIDNTL 1010 159,600 1599600 tarnstable 2005 Data,M, eptic YANNIS,.MA 02601 _<PMOM Additional Owners: Other ID: Plan Ref. 038/091 Tax Dist. 400 Land Ct# er.Prop. #SR VISION Life Estate DL 1 LOT 33 Notes: DL 2 Total 256,600 256,600 GIS ID: 22108 ASSOC PID# _ r . . r0 AGS�LE / y : P° CS 1!C` �_ ,. ..__.. . I��tS.Fib.l_ B$��'�.L/�`._ _. a._� . ANTE ...u s..;t�S`AL.E�..... .�,.�_��� ,a.. AUDETTE,TIMOTHY& 16341/072 02/03/2003 Q I 254,000 00 Yr. Code Assessed Value Yr. Code Assessed Yalue Yr. Code Assessed Value YLVESTER,JODI M 15324/218 07/01/2002 U I 0 LA 004 1010 97,000 003 1010 42,300 002 1010 42,300 YLVESTER,JODI M 15164/005 05/16/2002 U 1 0 1J 004 1010 135,100 003 1010 125,200 002 1010 112,100., YLVESTER,JODI M 14429/096 11/09/2001 U I 100 lA 004 1010 700 003 1010 700 002 1010 70U YLVESTER,JODI M 13180/130 08/14/2000 U I 10I 1A YLVESTER,MARY E 10908/322 08/20/1997 U I 1 lA Total This signature acknowledges a visit by a Data Collectoror Assessor 00 Year Type Description Amount Code Description Number Amount Comm.Int. h RUNF ,0 K . Appraised Bldg Value(Card) 01 Appraised XF(B)Value(Bldg)INERAM28,000 n NBHD/SUB % NBHD NAME STREET INDEX NAME TRACING BATCH M Appraised OB(L)Value(Bldg) 0 /A Appraised Land Value(Bldg) 7 1 g) 9 ,0 0 Special Land Value 1 0�^7 Total Appraised Parcel Value 256,600 q � R- Fill- r A Valuation Method: O V Adjustment: 0 et Total Appraised Parcel Value _ 256,600 Date T e is ID vCd. Pur ose/Result Permit ID Issue Date e D escri tion Amount Insp.Date m%Com Date Com Comments 10/10/2003 GB 01 eas/Est 2/13/2002 PT 00 eas/Listed 6/15/1988 ML ., y .-. �..-. -., a Jam" _• m � I-f'�y L�';,3:41+�h.�O�.�'s,�,vw ^''' Ada'� �r:. �sr B# Use Code escri lion Zone D Fronta a Depth Units Unit Price I.Factor S.A. S.O. C.Factor ST..lax Ad'. Notes-Ad' S eciat 1'ricin Ad'. Unit Price Land Ya97,000 lue 1 1010 RB 4 0.25 AC 170,000.00 3.04 5 . 1.00 0103 0.75 101BLDG.SIT 6 Total Land Value: 97,000 Total Card Land Units: 0.25 AC Parcel Total Land Area:P.25 AC Property Location: 65 GREENWOOD AVENUE MAP ID:289/101/// Bldg Name. State Use:1010 Vision ID:22108 Account#194505 Bldg#: 1 of 1 Sec#: 1 of 1 Card 1 of 1 Print Date:08/19/2005 10:45 N .COfi' ThV, 3 Element Cd. Ch. Description Element Cd. Ch. Description Style 08 Raised Ranch Model 01 Residential Foundation 01 Grade C Average 14 tones 1 1 Story Bath Split 0 Occupancy __ `l j ;.' t _, 0 FOP 1 Exterior Wall 1 14 Wood Shingle Code Description Percents a UST 6 Exterior Wall 2 11 1010 SingleFam 100 14 6 Roof Structure 3 Gable/Hip 4 28 16 oof Cover 03 sph/F GIs/Cmp Interior Wall 1 05 rywall Interior Wall 2 a ..- �, Interior Flr I 14 Adj.Base Rate: Interior Flr 2 eat Fuel 03 Replace Cost eat Type 04 Hot Air YB 6 BBAS AT 1983 ep Code C Type 1 one 1992 nadj.Base Rate 2 Total Bedrooms 4 4 Bedrooms A Remodel Rating Total Bthrms 5 eear Remodeled Total Half Baths ep% Total Xtra Fixtrs uncnl Obslnc Total Rooms 7 7 Rooms 0 con'Obslnc Bath Style 0tatus Kitchen Style Cost Trend Factor 48 /o Complete Overall%Cond pprais Val _ YB — ep Ovr Comment isc Imp Ovr 0 4isc Imp Ovr Comment ost to Cure Ovr ost to Cure Ovr Commei <€odd. �_� -:� ,a _ a,� j�% — �F,," ,r �A�6 ,• � , ��� Code Description Sub Sub Descri t LIB Units JUnit Price Yr Gde Rt Cnd %Cnd r Value f PLl Fireplace 1 ,000.00 1992 1 100 2,700 LA Bsmt Liv-Aver B 936 25.00 1992 1 100 20,800 PTX Extra Apartmt B 1 5,000.00 1992 100 4,500 No Photo On Record Code Description Livinz Area Gross Area E .Area Unit Cost "Undre rec. Value AS First Floor 1,248 1,248 1,248 0.00 0 MT Basement Area 0 1,248 125 0.00 0 OP Open Porch 0 140 28 0.00 0 UST Utility Enclosure 0 24 8 0.00 0 44 Til 4-_S•..-7hv//.— .4r0n• 1.24R 2.660 1.409 7 �. tt �I.. +`..V it �� �4 �r .� � yea � )��i• � rrf ,/ rs � r r Sk:. e ,rVf - LL 'ji �,. .i t d .1, r r • � .t tT° or, ti�li ?,'b 7 7 r} •" f + 1'.�� ;•� :�r' ., ' •r•,�'f3';t�^�Jlc+ �� �• r '� ! ( f ' �S/r r' r.. r y '1 7 y M'�� •� ' 4 �, � �;,9 ,�.� •�I�✓ � St !. ."+�, r T .1 ,"�r �" � '�i�f r/'y „.f 1, y� - r % �s o •74�, .�!•;, cK +.. h i ��*!i�,✓ � Vr � '�' ,1• 'r 1 • ,i is _1T I��, ,, V l J! fl�,�[' .e e ,]�.T Y�' ,•�`, X'.. \ _ f r. '�- ..f'" S, ? ti`` ,ty . yr ,i�f.� 3`„ `• ,w�n. 'aif 9 .r''.•'' �•, e" -.� .��, •.� /4 t'*�'� • � , 'T � f �'t r ''�'(.4 J,'.t{'�"�Lr„ •-�''yx�t � •� ,A� •)(�1 :i � � `' 1�� ., , ?/ ,' dd .�- �4r\ �'ii' � r r •, n s >� :^� yl T -•, r G e w• zr, Z,�. T .. A `/,� s r i/ , + • , M '". 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