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0108 GREENWOOD AVENUE - Amnesty
p$ C� ,n Woo re, �S oA OKI LLJ n�� `ram �� �� ��� ��T���� o � � i wood Ave, i o r I -CAPE C'Q•p 5} t Fri ; N S U L A ^!,COS N _ fit` : 52 =.3 "BEROLASS SEAMLESS SPRATTOAM SUSPENDED BATTS OUTTERS INSULATIQN._CEIIINOS,�..-.-...mr:; :x-,�,my�..-•Y 1-800-696-66141 7 0,1M Town of Barnstable Regulatory Services Building Division 200 Main St Hyannis, MA 02601 �¢ Date: 61301 >- Dear Building Inspector Please accept this Affidavit as documentation that Cape Cod Insulation, Inc. performed& completed the insulation and weatherization work at the property listed below. Cape Cod Insulation did this in accordance to the specifications listed on the building permit application. All work has been inspected by a certified Building Performance Institute (BPI) inspector. All work preformed meets or exceeds Federal & State Requirements. Property Owner Property Address Village . Insulation Installed: Fiberglass Cellulose R-Value Restricted Unrestricted Ceilings ( ) ()( ) (31 ) ( ) (X ) SkIvItutil COVdt. Slopes ( ) ( ) ( ) ( ) ( ) Floors CYftL rt/: ( 10 ) ( ) (X) Walls ( ) ( ) ( ) ( ) ( ) A!ao $Ttq Gto poc.�► m y�o►�,�z q s dy Jr sident lati , Inc. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel Application # � Health Division Date Issued4 Z Conservation Division Application Fee 2� Planning Dept. � Permit Fee Date Definitive Plan Approved by Planning Board '77 , Historic - OKH _Preservation / Hyannis Project Street Address �/� �p lJ o bye Village Owner k�✓Z Address Telephone "Z G Permit Request Square feet: 1 st floor: existing proposed 2nd floor: existing_ proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type % Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family 2"" Two Family ❑ Multi-Family(# units) Age of Existing Structure Historic House: ❑Yes ®'No On Old King's�4ghway: O:�Yes o Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other . Basement Finished Area (sq.ft.) Basement Unfinished Area (sq.ft) W� Number of Baths: Full: existing new Half: existing _. new -, �p Number of Bedrooms: existing _new c? Total Room Count (not including baths): existing new First Floor Room Cunt ` 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 ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Ae�, �� Name �i��� �®G� / � �5,� Telephone Number Sh l Address Vd ai -lid 7Z,4 License # C> L Home Improvement Contractor# Worker's Compensation #4L44 ato ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE Y' ea FOR OFFICIAL USE ONLY APPLICATION# 'x DATE ISSUED i MAP/PARCEL NO. ADDRESS VILLAGE OWNER L DATE OF INSPECTION: -FOUNDATION FRAME INSULATION i y F FIREPLACE ' ELECTRICAL: ROUGH FINAL G PLUMBING: ROUGH FINAL t GAS: ROUGH FINAL s f FINAL BUILDING,: ! d . DATE CLOSED OUT a - , ASSOCIATION PLAN NO. a A 10 Park Plaza - Suite 5170 Boston, Massachusetts 02116 Home Improvement Contractor Registration Registration: 153567 - - Type: Private Corporation Expiration: 1 211 5/201 2 Tr# 206433 CAPE COD INSULATION, INC ViZZ " r HENRY CASSIDY "I - �t .�_I t ��t .-_ 455 YARMOUTH RD. HYANNIS, MA 02601 — LL- ,r jUpdate Address and return card.Mark reason for change. L] Address Renewal Employment ❑ Lost Card DPS-CA1 Cy 5OM-04/04-G101216 Office o mer Affairs Bus'ne�$J ReguI tion License or registration valid for individu!nse en-!y HC 6 `H°iz �A;f:1Ct�° before the expiration date. If found return to: Registration: 153567 Type: Office of Consumer Affairs and Business Regulation Expiration: 1,2/15/2012 Private Corporation 10 Park Plaza-Suite 5170 x Boston,MA 02116 OD INSULATI_ON.INC_:...-_, HENRY CASSIDY 455 YARMOUTH HYANNIS, MA 02601 Undersecretary Aalidith tune �= Mas,�tchusetts-Department of Public Safeo Board of Building Regulations and Standards', Qonstruction Supervisor License License: CS 100988 1 HENRY CASSIDY 8 SHED ROW WEST YARMOUTH MA 02673 a ` c— J'� Expiration: 11/11/2013 ('uminissii ncr Tr#: 7620 r' The Commonwealth of Massachusetts Department of Industrial Accidents W Office of Investigations 600 Washington Street F �a Boston, MA 02111 www.mass.gov/dia Worker's compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): Ca P e C Q C Address: City/State/Zip: Phone#: 6 " L.a�__Zq Are you an employer? Check the appropriate box: Type of project(required): 1. I am a employer with 4.❑ I am a general contractor and I have 6. ❑ New construction employees(full and/or part-time).* hired the sub-contractors listed on 7. ❑ Remodeling the attached sheet.$ 2. ❑ I am a sole proprietor or partnership These sub-contractors have $• ❑ Demolition and have no employees working for employees and have workers' comp. 9. ❑ Building addition me in any capacity. [No workers' insurance.$ 10. ❑ Electrical repairs or additions comp insurance required.] 5.❑ We are a corporation and its officers have exercised their right of 11. Plumbing repairs or additions 3. ❑ I am a homeowner doing all work exemption per MGL c. 152§ (4),and 12. Roof repairs myself. [No workers' comp. we have no employees. [No workers' 13. Other e r p zQl� insurance required.] t 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 attach 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. 1 am an employer that is providing workers'compensation insurance for my employees.Below is the policy and job site information. Insurance Company Name: Atlaia r I e r L s v rt2 AC 6 Policy#or Self-ins.Lie.#: G,2CA a 02 15 �L 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-he forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do he c under the ins and penalties of perjury that the information provided above is true and correct. Signature: Date: — Phone#: 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#: `'llertttf- 4Jy� CCINSUL ACORb- ,,, CERTIFICATE OF LIABILITY INSURANCE DAI E(MMIDDNYYY) .� 1101,2112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION OhiLY 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, e ce 1 Ica e o er is an I T 10 NAL I NS U REDTffiTfS-5*ftcy ies must be en orse ,su lec o the terms and conditions of the policy, certain policies may require ao endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Margaret Young Rogers&Gray Ins. -So. Dennis PHONE FAx 434 Route 134 (A10,No.EXtL508-760 4602.___...__...____._----... _-------...(A/c, N�): 877-816-2156 E-MAIL — P.0-Box 1601 ADDRESS:�oungma@rogersgray.com PRODUCE South Dennis,MA 02660-1601 CUSTOMER ID a: INSURER(S)AFFORDING COVERAGE NAIC N INSUREU INSURER A:Peerless Insurance 18333 Cape Cod Insulation Inc 455 Yarmouth Road INSURER B:Ohio Casualty Insurance Company Hyannis, MA 02601 INSURER C:Atlantic Charter Insurance INSURER D:Commerce Insurance Company 34754 INSURER E INSURER F: COVE-RAGES CERTIFICATE NUMBER: _ REVISION NUMBER: THIS I,;10 CL-P.I IF Y IHA I-rHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN r.";JJED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICAIED- NOPNITHS I ANDIN6 ANY REQUIREMENT,-I'ERM OR CONDITION OF ANY CONTRAC I ON 0IHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIHi.i-1,IEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDIrIONS OF SUCi i POLICIES LIMI"1'S SHOWN MAY FIAVE BEEN REDUCED BY PAID CLAIMS. VSR ADDL SUBR rn�,_____ TYPE OF INS I aN _ POLICY EFF POLICY EXP 4�iSR1 a EC?rlrvri)un .__,. IayuTnnvXyy),-4LO56lOLLYX_YYa,.— -.._ LIQ9l __...^ A GENERAL LIABILITY CBP8263063 04/01/2011 04/01/2012 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X Cl1MMIi:ItCIAI.GENERAL-LIABILITY PREMISES(Ea occwTen{;e) $100,000 CLAIMS-MADE X OCCUR MEU EXP(Any ono Person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 d_NI AUG)tLl_,Alt.LIMIT AI'FLIkS PER PRODUCTS-COMP/OPAGG $2,000,000 PRO. $ F'eltiHi dEk91 - E99 --- D AUTOMOBILE LIABILITY 11 MMBCKVMK 0410l/2011 04/0112012 COMBINED SINGLE LIMI I' (Ea accident) $ AN Y At 11 U 1,000,000 BODILY INJURY (Pei Puisun) $ At t UWNt t)AU I OS BODILY INJURY(Per accident) $ X .`i(,lti UI1LE1)AIIIY)S PROPERTY DAMAGE $ X tIIRI:U All I DS (Per accident) X NON-OVUM 0At II US $ B UMBRELLA LIAB .X OCCUR 0001254514645 04/01/2011 04/0112012 EACH OCCURRENCE $1,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $1,000,000 UL-tlUC nhA.l. - $ X Itl`ILN10.1N :6 10000 WORKERS COMPENSATION WCA00525902 06/30/2011 WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N O6/3012012.X -rORY LIMITS ER ANY PROPRIF I OR/PARI-NERIEXECUT'IVE i E.L.EACH ACCIDENT $500,000 (,i+ICFR/MFNIU[R I-XC1,00E.D, LNJ NIA (Mandatury in NH) E.L.DISEASE-EA EMPLOYEE$.500,000 fl yca,Uui[nUu ui x.ha IIFyt:111PIlON )F{liS�tATI)Nti ielnw _,-. EL,DISEASE-P L l ,ESCRIPI-ION OF OPERATIONS I LOCH noNS I VEHICLES(Attach ACORD 101,Additional Remei ns Schedule,if more space is required) Yorkers Comp Information Included Officers or Proprietors ,ERTIFICATE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE z 01988-2009 ACORD CORPORATION.All rights reserved. CORE)25(2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S77368/M68179 MEY 4 R tx' OF fl _4 p 4 T�i ,:1 OWNER AUTHORIZATION FOR , , r, n Q ef,hhe DIIT (Owner's Name) owner of the property located at 81 (Property Address) / ( yCnn�Jpo� 7 -� (Property Address) hereby authorize OC4S U 0 Y-/ , (Subcon r ctor) an authorized subcontractor for RISE Engineering, to act on my behalf to obtain a building permit and to perform work on my property. Ow is Signature Date D MAY 7 2012 i i rk l Arnnesfi" Pro ram Y g HeI in to make affordable housing :possible. yy �B 7, p g � r J a r 3 , F „ t 1 � ; r , iF e op r - ry �� � y - ✓f F �- iy J � ha •',x ,�t.° x kfN atr¢ - - �. .;� r I v.t3✓v�5 e r, 's r m_' m".j ' 'a�*4"!P x�'.>: :P „S § h r ,� 1 -:f i J> 5I a ''�� j• s� k' �+'. �'E'v". -F> F 3",✓aE •F`f:. .w ;.:. .t. .P...i_.... .J_x •.n;-. -,v... -� r ... �" y. tF. ✓,' G):. t. . w ir^y .•w..o a:., ;> :... ... a ,w ,s,;,.. ....,:. i' i•x '� r c ;� Certificate of Com Nance k µ ,r . �i`:'�'4,w°`"rk All, ^g 4 .PN�i ,.... � , :•'�.0 .:,tom: ',X �'q :.: x. ,,:. 4.. ', .. : ,s.' *.r•. !. t kt ,�./\ v,7 4 7 4�_YM1 M 3T$ '1 u YLJ., � _ ^„,e IIh p:4 \1•,~ �' �• tz $:.n _, This'cemficateindtcatesacce table:minunumhabitable'.r uirements; erMassachusettsStateBuldm P e9 P r- •,„k s Y - 'kin a ,:,. rh.,i n,ca.goy aa. 3 .M". 4 _.YY.,.,:.: .,:.. , .... :,':v..,.C.. -......_ ., ,..y.. .r„> .+ -_„, -,.. � L�. Y y 4 1 :. .' 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Win. :s, ,.. .. ttJ ,�._F*+41. ,. a,,k^-., a-,. ,�'. ._.a. .-.s, �-" .,•k', ... .... r 3 �� ...y,�? � _ „yA(„... &,"y'sr,� 1�.+„v`... ..?t�` r� nt.'.�:� a.., , : .:�.�:; ,",���,�,,,a.�"�s•,��rr„y.,,•, ,�;a„��`�; �,s:;:a��.��F:,�:��:::��,`.�n,�s��s�,�' �.� �in��:,ry.�i�w�,rz� ; .�`�,�, Jrr.r ���s,��.��,•,,.,� r��,�,�� �3��;�tia•� a,�i��rr>:�,,,,�iak�,= ��,;av�?, :.!�:r���v;.t�t��=. Town of Barnstable o� Building Department - 200 Main Street 11MMSTABLE, * Hyannis, MA 02601 9 MASS 163� . (508) 862-4038 Certificate of Occupancy Application Number: 200904652 CO Number: 20100005 Parcel ID: 289122 CO Issue Date: 01114/10 Location: 108 GREENWOOD AVENUE Zoning Classification: RESIDENCE B DISTRICT Proposed Use: SINGLE FAMILY HOME Village: HYANNIS Gen Contractor: PROPERTY OWNER Permit Type: RC00 •1 CERTIFICATE OF OCCUPANCY RES Comments: AMNESTY APARTMENT ISSUED TO JEANNE WALSH-FISHER Building Department Signature Date Signed �1HEi � TOWt--4. OF BARNSTABLE Building Application Ref: . 200904652 Permit BARNSTABLE, Issue Date: 01/04/10 MASS. ArE1339. A� Applicant: WALSH-FISHER,JEANNE M Permit Number: B 20100006 Proposed Use: SINGLE FAMILY HOME Expiration Date: 07/04/10 Location 108 GREENWOOD AVENUE Zoning District RB Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel 289122 Permit Fee$ 25.00 Contractor PROPERTY OWNER Village HYANNIS App Fee$ License Num Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND AMNESTY APARTMENT NO CONSTRUCTION THIS CARD MUST BE KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: WALSH-FISHER,JEANNE M BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL , Address: 108 GREENWOOD AVE INSPECTION HAS BEEN E. HYANNISPORT, MA 02647 Application Entered by: LB Building Permit Issued By: .THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY:OR SIDEWALK OR ANY PART THEREOF;EITHER TEMPORARILY PERMANENTLY: ENCROACHEMENTS CN PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE 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.APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE.SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). 1 ..tip✓' t ._ -" .' _- x .e�a+.< n'Tv r w. r BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health Town of Barnstable BARNSfABLF. Regulatory Services 9 KASS. i639. �0 �EDMA'�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: 1/19/10 RE: AMNESTY CERTIFICATE Here is the Amnesty Certificate of Compliance (original for applicant and copy for your records) for: I 108 Greenwood Avenue, Hyannis J030623a oFt Tq,,, Town of Barnstable Regulatory Services • BAMSrnsi.e, Mnss. Thomas F. Geiler, Director �A •i639 �� tF1639 0. 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 January 19, 2009 Ms. Jeanne Walsh-Fisher 108 Greenwood Avenue Hyannis, MA 02601 Re: Amnesty Apartment Dear Ms. Walsh-Fisher: 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 i Town of Barnstable Regulatory Services BAMSTAB„AM Thomas F. Geiler,Director Ec 39. 1% 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 MEMORANDUM TO: Tom FROM: Lois DATE: 1/4/10 RE: 108 Greenwood Avenue, Hyannis The Amnesty Comprehensive Permit was issued 10/07, recorded 1/08. Amnesty granted an extension of 60 days on 11/18/09. The owner has applied for a building permit, no construction, and we were waiting for the document from Amnesty before processing. We now have the document and Cindy has emailed(attached)that it doesn't have to be recorded. If that is correct, please sign the building permit and I'll schedule the final inspection. f Barry, Lois From: Dabkowski, Cindy Sent: Monday, January 04, 2010 11:21 AM To: Barry, Lois Subject: RE: Follow Up Hello Lois 108 Greenwood Ave HY was an extension of 60 days to comply with conditions. This document does not need to be 'recorded at the Registry of Deeds as the original document remains in full force and effect. > 63 Ebeneezer Road was not rescinded and does not need to be recorded as the original documents remain if full force and effect. 108 Greenwood 63 Ebeneezer Rd Ave HY extension... OS remains in ... I am still processing 18 Stoney Cliff, I will forward documents once they are complete. Happy New Year Cindy -----Original Message----- From: Barry, Lois Sent: Tuesday, December 29,2009 10:46 AM To: Dabkowski,Cindy Subject: Follow Up Cindy, I'm still waiting for recorded documents for 63 Ebeneezer Road, 108 Greenwood Avenue, and 18 Stoney Cliff Road. Do you know when they will be coming? Lois 1 i J 1 �c�f fVrtj tip ()4 sue()rf)rl�l V) q lab (Foy-WVZA i Z. �33p t)410® — e r K 1 ro-I i-4 N - IvIn j b(zo© o'er o 1A'P 'aW.. J� - j (� 6y�ea�j e)6 C� n��6 I Barry, Lois To: Dabkowski, Cindy Subject: 108 Greenwood Avenue, Hyannis Cindy, We now have the permit application for 108 Greenwood Avenue, 200904652. It will need a sign off. She said she is supposed to go to a hearing to rescind. Do we hold the application until you extend? Please let me know how you want to proceed. Lois 1 PERMIT. PAYMENT RECEIPT TOWN OF BARNSTABLE BUILDING DEPARTMENT 200 MAIN STREET HYANNIS, MA 02601 DATE: 09/30/09•, TIME: 08:38 ,e ------------------TOTALS----------------- PERMIT $ PAID.. 50.00 AMT TENDERED: . '50.00 AMT APPLIED: 50.00 ' CHANGE: .00 APPLICATION NUMBER: 200904652 -PAYMENT.METH: CHECK PAYMENT REF: 4021 � r TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map- Parcel .1..,.,AppIicatibh #t2 0 Health /Z'"Date Issupd :Divisi 6'n! Conservation Division pplicatiW Fee "Planning Dept'. Permit Fe-:e. Date Definitive Plan Approved by Planning Board Historic OKH Preservation Hyannis Project Street Address 06 C-7—re to n ujoad Alj=pAl\1 41, Village I's Address -Y rl 19- a(ML11 SQ>r 02�, Owner Telephone 41 ,4,IA A Permit Request 0_pprpyPk tz fe sS e mee4 S Bi,. U L,A .Woose, ldqf Square feet: Ir4 4-Q existing v/proposed 2nd+oor: existing proposed Total new Zoning District. Flood Plain Groundwater:Overlay Project Valuation Construction Type Lot:Size Grandfathered: Q Yes /N o If yes, attach supporting documentation. Dwelling Type: Single Family Two Family LJ Multi-Family(# units) House I q46 Age of Existing Structure 2AI- i qqg Historic House: Ll Yes YNo On Old King's Highway: LJ Yes &Is fv 1( 00 LJ Basement Type: ❑ Full LJ Crawl Q Walkout 2�Other io%.6 Basement Finished Area(sq.ft.) 6 Basement Unfinished Area (sq.ft) I CC �, House - I Number of Baths: Full: existing' qj: - 11 new d Half: existing 6 'new e) Hovse ;-I Number of Bedrooms: cy, s existing -0 new Howe . Total Room Count (not including baths): existing gkpL new d First Floor Room Count Heat Type and Fuel: UrGas ©'Oil LJ Electric LJ Other No L)W - ok Central Air: 0 Yes lh o Fireplaces: Existing 0 New Existing wood/coal Stove: J Yes Ll No Detached garage: 2"existing L3 new size—Pool: L)existing LJ new size Barn: U existing Ll new size_ Attached garage: U existing Ll new size —Shed: Ll existing D new size Other: Zoning Board of Appeals Authorization LJ Appeal # Recorded Q Commercial Ll Yes LJ No If yes, site plan review# Current Use __CJ___P a-v-+VA 4&0-V- Proposed Use C1 FJCk C-tM"+ APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name ifo-h-lAk UJCLWA �s k elY, - Telephone Number 56 � i7 aa_(0 Address 10 a Qfee &e- License # W�k 6 2,&o i W 64, Home Improvement Contractor# 4V6_nry-S P&ff W 626�{2 Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE S"ATE 0 R b FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED 'r MAP/PARCEL NO. ADDRESS - VILLAGE OWNER J DATE OF INSPECTION: FOUNDATION FRAME ' INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL o - GAS: ROUGH -FINAL _ FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. - - 3 .a «.. • , ,p ;` i Town cif Barnstable 4 { 1. Zoning Board of Appeals Decision and Notice:. Walsh-Fiih& Comprehensive Permit No, 20F17-089' Summary 60 Day Extension`-Granted"to.Comply with Condition No.9 Applicant: Jeanne M.'Wals Oil Sher Peoperty Address: 108 Greenwood Avenue;Hyann.s,`MA Assesw6.Map/Parcel: Map 289;Parcel 122 Zoning:,, Residendal.B.Zoning District R'ec6rdih4 lnforrnation::. Deed References. Boots 12974"Page`246' P,t.Mit Reference; B66k,22609 Page'2689 Background:' Comprehensi"ve"Permit`Number`240,7 089 was-issued to Jeanne M. Walsh=F;isher?an"November i`,. 2407 The Permit was i"ssued,in'accordance with the<AmbestyPrt grar,.eof Ch"apte`r 9, Art'icle I1,The Accessory,:Affordable"Apartment Program, of the General Ord"manses of the.Code of"the Town of Barristab{e The Permit was issued to convert.an existing unpermitted studio apartment located.'in;a detached:-garage into an accessory affordable,:apartment: The Permit and'a-Regulatory Agreement and Declaration.of'Restrictive Covenants were'recorded,at the:Barnstable.County.Registry of Deeds in Book 12609"page"206 Th:e::unit has been.occupied since, ,pri,l 1`,:2008 However, as required by C1.ondition.9<of.the Pe,r.mita building permitapplication is,.required.to initiate an inspection of the unit and.the issuance: of'an occupancy'permit This has not">?een done and on March 11 20Q9'the Program Coordinator notified Ms;Wash-Fisher that she was not,in;compli;ancetyith Condition 9 of",the Permit. Ms,. Walsh Fisher did not reply to the letter and in Septerribertte Coordinator took action to',rescind Comprehensive Permit No"240;7-089:for non compliance Procedural& Hearing Summary:, A.public hearing to rescind Compreh'ens.ive:Permit.N:b 200--Q&9 was duly advertised and notice sent to-abutters"and.the property owner m.accordance with'MG.L,Chapter 40A. The notice.was published in the"Barnstable Patriot on Septerrrber 25; 2.0©9 and October 2 2009'. The Pubic: Hearing"torescind:"th'e 1?ermit.rvas opened,on•October 2,T,..2009:: At the opening ofthe hearing w,rescind, Hearing Officer, Laura F. Shufelt summarized the issue. and concerns. Ivts Jeanne Walsh.Fisher"was present;at d add th"eMh'eaiing an , ressed th e Hearing Officer, requesting that the Cornprehen's,�ve.Permit not be revoked: Ms.'Watsh-Fisher requested additional time to'complyswith Condition 9 of"the.Permit; rowr:of Barnstable,Zoning Board.of Appeals Notice of.60 day Exten"sion tdcomply with'Un itiow9v Comprehens ve.Perinit No."200.6 089-Jeanne M:;Walsh Fisher Ms Shufelt consulted with the Program Coord'i;nator°and ii..was:noted thaf the unit has,been occupied under theYpeogram and the Pertrii"t executed'. "H"owever olie conditi;on,of the,Pe-emit rernafns"unresolved All`;agreed that it would._be more efficient and tt,rriely'to grant an extension to' allow Ms. Walsh-Fisher to bringahe Pe'rm�t into complrancewith;Go"ndition 9. It was.agreed that 60-day5, 6uld be sufficient time corn'ply"with Condition,9, Findings of=Fact- At;the hearing on October 21, 2009;the Zoning Board",of;Appeals:.Hearing Officer made the, -following.findings=of fact: I. On.November 1;.2007; Comprehensive Permit No. 2007-08;9'was_.iss:ued to,leanrie=M:Walsh- Fisherto convert an.existing unpe,rmitted studio apartment within the:detached garage,mto an accessory affordable:;apartment. The Permit was.;issued". Ms:WaI h=Fisher"with,conditions. It; 4vas issued to"the property she owns aadressed..108"Greenwood Aye`Hyan;ni"s, MA; as shown on Assessor's,MaplO as-Parcel 122. The property,is"zoned Residence Bc 2. A Regulatory Agreement and:Declaration:of"Restrictive Covenants along with the Corn"prehensive Permit were 'recorded at'the Barnstable,County Registry of Deeds in.Book' -22609'Page"206, and thereafter,"lets.Walsh-Fisher"executed the.Permit.by leasing:the unit in accordance w tfiahe program requirements. However;oiie condition in the Permit,'Con,ition No: 9, was,not"completed, That Condition requi:red.lvls Walsh"-Fisher:to;apply for:a;building" permit,for the units and obtain�an occupancy permit:, I I'n"March of 2009 Ms Walsh:=Fisher:was notified of the outstanding.obligatibil to apply for:.a building permit and:obtain anoccupaney permit. Ms, Walsh F sher"did.not takethe necessary, steps deritified in the:'notification letter: The Program Coordinator started notice to rescind. mi Q9public hearingAe rescind Cmsive,Pe 00 . 4,. Ms Walsh=Fish.er:.has requested thattfie Permit"n;ot be revoked and that a 60"day extension„of dime tae,granted.to"allow her to bring the Permit into compliance with Condition N6."9. Tile request`is not unreasonable and is,withfilh"e authonty of the Heanng'Officer. grant; Decision At:the hearing on October 24,2Oa9"the Hearing"Officer ruled thatthe Permit will not be revoked and that the"request"for a,W day extension of`time to bring the Permit into compliance,.with Condition`9 shall be granted, .All other conditionsbf'the nts`of;:the Program shall remain riefull'force,and;effect Trawsm'issonr In accordance with Part!,, S.ectibri 4..02 and Part.Ill; S.ection 3.72:of"theJown of.Barnstab.le Administrative Code,the Hearing-Office,'transmitted the written decision to"the Zoning'Board;of' Appeals."on OcrobPr 28; 1U09. As fourtee"n"days have`elapsed since said transmittal.with the: Zoning Board of Appeals taking`no action to:reverse the decision,this".decisionbecomes4inal. Ordered: Ms: Walsh,Fisherhas been granted a 60-day extension of time to bring°Comprehensive Permit No 2006.;089 into full`compIianc0 with the:Con-mon No. 9 therein: 2 1 Town'of Barnstable,Zoning Board.,of kppeajs, Notice_of'60 day Extension 4o comply w�tti"Condition 9 of Comprehensive Perrriit No.2006-089—Jeanrie M:Walsh-Fisher. Appeals of this extension; if any; shall<be.made to,the,Bamstable Superior Co.urt>pursuant to MGL Chapter 40A, Section 17 wlthln`':twenty.{20}d"ays'after the elate of tfe filing ofth'is decision in the office ofthe'Town"Clerk., Theeapplicant.has..the;right to,.appeal this decision as outlined in MG'L. Chapter 408, Section 22. 7. Laura Sh,Ufelt, Heargin Officer Date Signed I, Linda H.utchenr:der, Clerk of'the"Tow...n of BdenstWe,,.Barnstable County, Massachusetts, hereby' certify thatawenty`(20),days have elapsed since the Zoning Board.of Appeals'filed:this decisibmand that noapalhedecsiondbeledtheficefthTwnte rk Signed"and-sealed this day o x -,1. d _.under the;pa�rs and penalties of perjury. X. L nda Hutcli n r, Town Clerk 3 BARNSTABLE Te �, I �� f_, , BAMMB Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2007-089-Walsh Fisher Decision - Chapter 40B Comprehensive Permit Applicant: Jeanne M. Walsh Fisher Property Address: 108 Greenwood Avenue, Hyannis, MA Assessor's Map/Parcel: Map 289, Parcel 122 Zoning: Residential B Zoning District Applicants: The applicant is Jeanne Walsh Fisher, who resides at 108 Greenwood Avenue, Hyannis, MA. Ms. Walsh Fisher was granted title to the property by deed recorded in the Barnstable County Registry of Deeds on April 28, 2000 as recorded in Book 12974, Page 246. 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 pen-nit an accessory apartment unit adjacent to a single-family owner-occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit in the detached garage. Locus and Background: The property at issue is a 0.3.2-acre lot located at 108 Greenwood Avenue in Hyannis. The lot was developed in 1946 with a single-family ranch style home. The effective living area of the main residence is 1,080 square feet. The accessory apartment is a studio unit located in the detached garage. The square footage of the rental area is approximately 500 square feet. The lot is served by public water and on-site septic, and is located within an Aquifer Protection Overlay District. The town of Barnstable's Public Health Division reviewed the application, and on May 29, 2007, approved a total of three(3) bedrooms at the property with the existing on site septic system. Procedural Summary: A site approval letter was issued for the property by Town Manager John Klimm on August 7, 2007, 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. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on August 31,2007 andiSeptember 7, 2007, and notices were sent to all abutters in accordance with MGL Chapter 40B. On September 26, 2007 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Jeanne Walsh Fisher, was present at the hearing. Madeline Taylor of the Growth Management Department was also present. Ms.Nightingale reviewed the file with the applicant to ensure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on September 26, 2007 the Hearing Officer made the following findings of fact: 1. The applicant is Jeanne Walsh Fisher who resides at 108 Greenwood Avenue,Hyannis, MA. She is requesting a Comprehensive Permit to convert an existing studio apartment located in the detached garage 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. Jeanne Walsh Fisher was granted title to the property by deed recorded in the Barnstable County Registry-of Deeds on April 28, 2000 as recorded in Book 12974, Page 246. 3. On August 7, 2007 a site approval letter was issued for the property by Town Manager John Klimm, 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 500 square feet, and is located in the. detached garage. 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 Aquifer Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved a total of three(3) bedrooms at the property with the existing on-site septic system, 7. On April 17, 2007 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 her principal residence. 8. The applicant understands that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of 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 September 26, 2007 6.63% 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 2 Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. Finding Summary: Based upon the findings, the Hearing Officer ruled that the 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, Jeanne Walsh Fisher. It is issued to allow for a studio accessory affordable apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed one person. 2.. The total number of bedrooms on the property with the existing on site septic system shall not exceed three (3). 3. The property owner shall occupy the principal dwelling as her principal residence. 4. This unit shall not be occupied by a family member of the owner(s). 5. All parking for the accessory apartment and the main dwelling shall be on-site. 6. To meet the requirements of affordability,the cost of housing(including utilities) shall not exceed 30% of 80% of the median income for a single individual for the Barnstable MSA. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum term of one year. 8. The Growth Management Department shall serve as the monitoring agent for the accessory apartment. 9. The applicant must apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance,the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 10. The applicant may select her own tenant provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Growth Management Department of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs, notice must be given to the Growth Management Department and the unit must be listed with the Town. 11. Every twelve months the.applicant shall review the income eligibility of the individual occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit,the applicant shall file with the Growth Management Department of the town of Barnstable an annual-affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the 3 affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or'it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this pen-nit should not be revoked. 12. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the Growth Management Department of the town of Barnstable shall be notified within 60 days of the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2007-089 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code Chapter 241, section 11. If after fourteen (14) days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision,this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. In accordance with Chapter 241, section 11 of the Town of Barnstable Administrative Code,the hearing officer transmitted a written copy of the Comprehensive Pen-nit decision to the Zoning Board of Appeals on September 26, 2007. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. G 1 Nighting , Hearin Officer Date Sided I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts;hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has be file in the office of the Town Clerk. Signed and sealed this da of de the ain.�and penalties of gr'ur Y P P P�J 5 Linda Hutchenrider, Town Clerk 1 4 1 REGULATORY AGREEMENT Iram O 9 2008 AND DECLARATION OF RESTRICTIVE COVENANTS OWTH AA AGEMENT THIS,�,EGULATO Y AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this� � day of ,2000,by and between Jeanne M.Walsh Fisher of 108 Greenwood Avenue,Hyannis,MA andIs 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 terms of this Agreement and Covenant regulate the property located at 108 Greenwood Avenue, Hyannis, MA as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 12974,Page 246. B. The Project located at 108 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. 2007-089 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 2Z(p09 Page 2,0& 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 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, i 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 (AW 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. V. GOVERNING OF AGREEMENT: 2 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 attorney'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 run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 12974, Page 246 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 tide to the property described in deed recorded herewith as [Barnstable County Registry of Deeds Book 12974,Page 246. 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 and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. 3 f f 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 terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such 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 this?td a y of 1�ihLL rL 2006 OWNER BYEejILQ/ OtP4 e ed:Jeanne M.Walsh Fisher COMMONWEALTH OF MASSACHUSETTS County of Barnstable, ss: OX On this 2— day of ZQO`I before me, the undersigned notary public,personally appeared , the Owner(s),proved to me through satisfactory evidence of identification,which were�Y3�'j Lk CPW� ,to be the person(s)whose name(s)is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. OL otary Public ted:OA iVE.F3 FANNING M Commission Expires: f���EarT-Puhlis y p Commonwealth of`0assachusetts My Commission Expires Februa:%,g,2009 4 V TOWN OF STABLE BY: TO MANAGER COMMONWEALTH OF MASSACFIUSETTS County of Barnstable,ss: On this day of JCvr.-U,n 2008 before me,the undersigned notary public,personally appeared J�h KL,q) ,the wn Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,,which were en) - ,to be the person whose name is signed on the preceding or attached document and acknow]dged to be that he/she signed it voluntarily for the stated purposes. �yC' Noty Public Printed: !' I����/�.� � ���c M mmission Expires: f� OFFICIAL SEAL SHIRLEE MAY OAKLEY ;. NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS My Comm.Expires 3/28/20M • 5 Ka�chea, �rer� i �ie�cde P o G100A fvtl W CoviS�Y'(Jrbc)" 6In q la b (Cc 33 � ►o c-j DININ6 AkrGA LAukiD, Jo Barry, Lois To: Dabkowski, Cindy Subject: 108 Greenwood Avenue Cindy, I just checked with Tom and we will have to wait until the appeal period is over and the document is recorded before we can finalize this unit. I'll call Jeanne Walsh Fisher to explain. Lois 1 oFt ra,,, Town of Barnstable Regulatory Services + BARNWABLE, + v MASS. Thbmas F. Geiler, Director 4'ArF039,.. Building Division' Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us { Office: 508-8.62-4038 Fax: 508-790-6230 MEMORANDUM TO.: Cindy FROM: Lois . DATE: 12/11/08 RE: Amnesty Please let me know the status of these properties. 53 Connemara Circle, Hyannis I have a note on this that the Comprehensive Permit was to be revoked in July 2008 and that you would be sending me the recorded documents. Has it been revoked?. '108 Greenwood Avenue, Hy, We have a Comprehensive permit dated 10/11/07 and a Regulatory Agreement dated 1/8/08. The documents were recorded 1/17/08. Walsh Fisher has not applied for a building permit. Do you know if she is planning to go forward? If so, do we need an extension? Otherwise, will the Comprehensive Permit be revoked? 551 Lumbert Mill Road, Centerville The Comprehensive Permit is dated 3/2/06, recorded 10/6/06. I have a note that there are septic issues. Have the issues been resolved? The Comprehensive Permit refers to a Comprehensive Permit issued in 2002 and revoked as the unit was never constructed' We've.never had a building permit for an apartment. Has the Comprehensive Permit been extended or revoked? 600 Phinney's Lane, Centerville The Comprehensive.Permit was issued in August 2006 to create a one-bedroom unit on the second floor. We have not had a building permit application. Has the. Comprehensive Permit been extended or revoked? I have a note that something was approved on 4/08 and recorded documents would be sent, but I do not have them. amnmemo i Barry, Lois To: Dabkowski, Cindy Subject: 108 Greenwod Avenue, Hyannis Cindy, Jeanne Walsh Fisher came In today, will complete a building permit application and return it, probably tomorrow. I see the Comprehensive Permit was issued on 10/11/07 and recorded on 1/17/08. Do you have an extension? Can we process the permit application? Lois 1 oFtr�,, Town of Barnstable sUMMBLE, * RegulatoryServices 9`bA • ��� Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038' Fax: 508-790-6230 January 24, 2008 Jeanne M. Walsh Fisher 108 Greenwood Avenue Hyannis, MA 02601 Re: Proposed Accessory Affordable Apartment Dear Ms. Fisher: 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 r Division Assistant J040616a Amnesty Apartments Last Name FISHER § First Name rANNE M WALSH 2nd Owner 2nd Owner Last Name First Name Map Parcel 289122 v^ Y v Property No 108 1 Property Street GREENWOOD AVENUE Village HYANNIS €State MA] Zip 02647j Status jLoTp. Per. Issued �; Action Required Assessors Use Group ISingle Family Comp Per Issue 10/11/2007 Recorded Date �1/17/2008 Application# _ Permit Issued: C of C Total 1 Program Total —w 1 Descripton STUDIO, 1 PERSON, EXISTING ABOVE DETACHED GARAGE Cert of Occupancy Issued: Cert of Compliance Issued 17777 Notes 1/24/08 SENT BLDG PER LETTER pFIHE Top, Town of Barnstable Regulatory Services anxxsrABLE 9 MASS. Thomas F. Geiler,Director �A �639. ♦0 rEo,n rA Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 AMNESTY APARTMENT ELIGIBILITY VERIFICATION Re: d� ve- - 2 Date After reviewing the street file of the above named property, I verify, to the best of my knowledge, that the apartment was in existence before January 1, 2000. This property is now eligible to apply for the Amnesty Program. Tom Perry Building Commissioner April 14, 2007 RE: Jeanne Walsh-Fisher 108 Greenwood Ave Hyannis, MA 02601 I To Town of Barnstable: I was a former neighbor of Jeanne Walsh, who moved into the neighborhood in 1977. I own the property at 17 Hill Street immediately adjacent to Jeanne's house. The garage has been an apartment since about 1997. The current tenant Tyra Nichols, has lived there for at least 4 years. Thanks very much. Sincerely, JoAnn Dias Crippen JkLu 23, 2007 have �ZvLowvLJei2lA Kt WaLSh s%wce she first UVO 'bw the mbekborhood of Greeow000( Avevuue. I �zvLow that she had her sow UV'W.g 'Lv,, the garage apartmewt dRr'wg the tiwme he was LK. high sohooL Matt graduated 'vL 19 Currevktl,lU,, she has I revLted to Tura NibckoLs avid she '�s a vLbce Uouvl,g wovu.av%,. I have vLo A ect'Low to th'bs stud'o apartK&eKt 'vL our mLghborhood. s�vLcere��, cather�vLe cow�e� 35 Po%vut La v�,e �-t u o vw,i s Port, MA 02047- y Jeanne Walsh Fisher 108 Greenwood Avenue Hyannis Port, MA 02647 RE: studio apartment I have lived at 108 Greenwood Avenue in Hyannis since November 1977. My first husband and I built the garage in 1978. The use of the garage has evolved over the years. My first husband did auto body side jobs for extra money. After we divorced it became a "catch all" for junk. In 1991 there was a fire that destroyed the interior of the garage. After the rebuild process, the garage interior was freshly painted and clean. My son who was twelve at the time began to play out there and we had a TV hookup and video games. It was at this point that we installed heat. Matt slept out there in his teen years during attending BHS. Eventually we put in a bathroom around 1997-1998. My son began paying rent during his attendance at CCCC. Tyra Nichols moved in with my son about four years ago. Since April, Tyra Nichols has been the sole occupant of the apartment. Tyra's rent is proportionately paid though the Yarmouth Housing Authority. Since y, Deanne Walsh Fisher G�3�C�C��MCD JUL 2 7 2007 GROWTH MANAGEMENT P, 1 Communication Result Report ( Aug. 3, 2007 2: 59PM ) 2) Date/Time : Aug. 3. 2007 2: 58PM File Page No. Mode Destination Pg (s) Result Not Sent ---------------------------------------------------------------------------------------------------- 0549 Memory TX 95083624782 P. 2 OK ---------------------------------------------------------------------------------------------------- Reason for error E. 1) Hang up o r 1 i ne fa i 1 E. 2) Busy E. 3) No answer E. 4) No facsimile connection E: 5) Exceeded max. E—mail size me Town of Barnstable I{. a Regulatory Services } Then=F.GdIer,Director ' Building Division Thomas Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 —At ba table.uu u Office:508-862.4024 Pax:508-790.6230 FAX TO: FROM: Number of pages: 4 f I ft i I{ t l Town of Barnstable Regulatory Services � AB`E' MASS. Thomas F. Geiler,Director 1,639. 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 FAX TO: FROM: Number of pages: 9 OFTHE Tp�, Town of Barnstable Regulatory Services . MASS. Thomas F. Geiler, Director QjA 1639. TED Mai A 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 March 8, 2007 Ms. Jeanne Walsh-Fisher 108 Greenwood Avenue Hyannis, MA 02601 Re: Illegal Apartment: 108 Greenwood Avenue Hyannis, MA 02601 Map: 289 Parcel: 122 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. S incerel r L' da Edson Amnesty Zoning Enforcement Officer Building Department gforms:zoning3 Assessor's map and lot number .... <�..�.....� . §EPTIC SYSTEM MUST Ot �Of 7H E TQ� INSTALLED IN COMPLIANCE Q " Sewage Permit number ...( 1<� ......n+a.:..d�P�r�,.- �.n.. WITH TITLE 5 ` Z EAHB9TABLE, i Eti�/01301oS1�3ENTAL CODE ANDMAM House number .................. 9 039 0 TOWN REGULATIONS �° i63 �00 �o waI a. TOWN :OF BARNSTABL--E RUILDIN.G INSPECTOR APPLICATIONFOR PERMIT TO .........:................................................................................................................... TYPE OF CONSTRUCTION ...e iCo :....(.gUt! �!+l.t��.T.... ,A q U .:................................. 4A ................................................19........ TO THE INSPECTOR OF BUILDINGS: The unders4ned hereby applies for a permit according to the following information: a Location ... ...... P�,Z.F mW )...�U.W.. �. 1�`�A.d�f/V�.sS........................fit. �. . ................. ................................... ProposedUse ......G:ACA.6.45................................... .......................................................................................................... ZoningDistrict ................................................Fire District ............................................................................. ......................... Name of Owner .... .....Address .3......G n./vIV..... Name of Builder .............Q.L0!'.?.Er.....................................Address ......................:.. f1..........................:............................. Nameof Architect ..................................................................Address .................................................................................... Number of Rooms ...........................................Foundation ....C.G.lac kE.T..-F............................... ................... ... .............. Exterior ...:......... s.d.b/:Il1.Cz..................................Roofing ........... 104H.ft..Lr.T.................................................. Floors C07�f.. i�° .?. .........................................Interior � . ............... .................................................................................... Heating ..................................................................................Plumbing .................................................................................. Fireplace ........................r.....................................................Approximate Cost ...... �-- .....s: Definitive Plan Approved by Planning Board -------------------_-----------19________. Area ............. ....... Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH Y y r a —" I C I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .....ok ...... ... ................................ LISTER, ROBERT & JEANNE a ' No 2 2.715.... Permit for ..,UD.I-T1ON............ ........Build..GArage....................................... t LocatJ . -Q.r.eeri.Wclod...Av&nu&..... ' Hyannis............... F Owner ...RQbe.rt...&..xT.eann&--L1•ster..... r Type of Construction ............................. r + r ................................................................................ t t . Plot ............................ Lot ................................ ti N :I PermitiGranted ..............................ovember.....1.r...19 80 Date of Inspection .198Z. } Date .Completed 4 ....................19�'-z ; . ` PERMIT REFUSED ..t° "°' ..... ............................ 19 i .. .................................. ............................... 4 ..r: ..:.... ...................................................... w ................................................................... + . ....................................................................... r -- (i 1 Approved .................: s ...............................................................................