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Home My WebLink About0071 NAUTICAL ROAD - Amnesty c m A T F J �:t M yf: 1 12020 T®wn of Barnstable B'uding'Department ..°F` .. : Brian Florence,CBV y0 Building Commissioner 2p. ,�, s 200 Main street;Hyannis,MA 02601 SCgNNEQ www.towo.barnstable.ma.us 16 NO y ?41 . Office: 508-862-4038 �F�50�8-79U=6230 Approved. Fee: Permit#: - HONE OCCUPAZ'I4N 1GISTRA'I'IDN` Date: 2b Name: (� S � ccil Pao I UP Phone# Address: 71 Name of Business:.� 1 C-0 Vt4 mot: 30 23 Type of Business: Map INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of theZoning ordinance,provided ttiat the > activity shall not be discernible from outside the dwelling: there shall be no ucrease'in noiso or odor,no visual alteration to the premises which would suggest anything other than a residential use;;no increase in traffic abovenonnal residential volumes;and no increase in air or groundwater pollution Alter.:registmtion with the Building Inspector,a customary hams occupation'shall be permitted as.of right subject to the following conditionsi • Tbe:activity is carried only the permanent resident of a singleAmily residential dwelling unit;located . within that dwelling unit. • Such use occupies no more than 400 square feet of space. There are no external alterations to the dwelling which:are not customary is residential bui]dings,and there is no outside evidence of such use, - • No traffic will be generated n excess of normal residential volumes. The use does not involve the production of offensive noise,vibration,smoke,dust or other particular .matter,odors;electrical disturbance,heat,glare,humidity or.otber objectionable effects. •. There is no storage or use of toxic or hazardous materiels,or flammable!or explosive materials,in excess. of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within Je recc.t front yard. • There is no.exterior storage or display of mateei_ or equipment. •. There are no Commercial vehioies related to the Customary Home Occtgxdon,.other than one van or.on® - pick=up truck not to exceed one ton capacity,and one,trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Homo Occupation •. No sign shall`be displayed mdi;caiingthe Customary Home Occupation If the Customary Home Occupation it listed or advertised as a busfriess,:the street address shall be included No person,shallbe employed in the Customary'Home Occupation who is not a permanent resident.of the dwelling unit. I,the undersigned,ha" ad and agree tire, a striations for myhoine occupation I:amregistering.. 20 Applicant- Date: -1 Perry, Tom From: Dabkowski, Cindy Sent: Thursday, March 11, 2010 8:24 AM To: Perry,Tom Subject: Request for Accessory Affordable Apartment Program Eligibility Hello Mr. Perr y I need an Accessory Affordable Apartment Program Eligibility Verification for 71 Nautical Road Hyannis DeSouza The site may be eligible for April 28, 2010 hearing. Cindy Dabkowski 1 Perry, Tom From: Dabkowski, Gindy Sent: Monday, March 08, 2010 8:32 AM To: Perry, Tom Subject: Request for Accessory Affordable Apartment Program Eligibility Verification - Building Hello Mr. Perry Please send Accessory Affordable Apartment Program Eligibility Verification for: 71/75 Nautical Road Hyannis Aparecida Maria DeSouza, 309 Mistic Drive Marstons Mills, MA Kathryn K Gianno Thank You Cindy Dabkowski i Regulatory Services P�oF Thomas F. Geiler,Director t Building Division v�- Tom Perry,Building Commissioner .200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma us Office: 508-8624038 Fax: 508-790-6230 ApprovedQW Fee: Permrt#: (:D?O lfl HOME OCCUPATION REGISTRATION Date: C 9 Name: c \ (� . D r, t!- V S� L� Phone#: 2 Address: ,)ffiU Village: Name of Business: U l a l Type of Business: N l-s Map/Lot o 2 d IIV=: It is the intent of this section to allow the residents of the.Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the acti`ity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residend;b lumes; and no increase in air or groundwater pollution.wZth �� w After registration the Building Inspector,a customary home occupation shall be permitted as of right subje the following conditions: - O • The actnaty is canied.on by the permanent resident of a single family residential dwelling unit,loc ', within co that dwelling unit _N •. Such use occupies no more than 400 square feet of space. cxa • There are no external alterations to the dwelling which are not customary in residential buildings,an there ism no outside evidence of such use. v► r"- • No traffic will be generated in excess of normal residential volumes. p. rn • The use does not involve the production of offensive noise,vibration,smoke,dust or other particular matter, odors, electrical disturbance,heat,glare,humidity or other objection-able effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities, • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard: . There is no exterior storage or display of materials or equipment. • There are no commercial vehides_related to the Customary Home Occupation,other than one wm or one pick-up truck not to exceed one ton capacity,and one.trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation •. If the Customary Home Occupation is listed or advertised as a business, the street address shall not be included. • No person shall be employed in the Customary Home Occupation%,ho is not a permanent resident of the dwelling unit L.the unders ;have read and agree with the above restrictions for my home occupation I am registering. Applicant Date:��'/ 2 O 3 Homeoc.doc Rev.01/3/08 YOU WISH TO OPEN A BUSINESS? For Your, Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission Lo operate.) You must first obtain the necessary signatures on this form at 200 Main St:., Hyannis. 'Fake the completed firm to the Town Clerk's Office, 1 st. FL, 367 Main St., Hyannis, MA 02601 (Town Hill) and get the Business Certificate that is required by law. DATE:O Fill in please: APPLICANT'S YOUR NAME/S: l a 1J�. BUSINESS YOUR HOME ADDRE S: rbrgT TELEPHONE # Home Telephone Number �R�ri r NAME OF CORPORATION NAME OF NEW BUSINESS TYPE OF BUSINESS IS THIS A HOME OCCUPATION? YES NO ADDRESS OF.BUSINESS MAP/PARCEL NUMBER 2 (Assessing),: When starting a new business t�ere are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd. & Main.Street) to make sure you have the appropriate permits and licenses required to legally operate your us�ness in this town. 1. BUILDING MI SI ER'S OFF E ? 1UST COMPLY WITH HOME OCCUPATION This indivi al e infor ed o an per it e uiroknpnts that pertain to this type of business. iUL[ 5 AND REGULATIONS. FAILURE TO :::nMPI__Y MAY RESULT IN FINES. �Au'th rize ig t C ME T i 2. BOARD OF HEAL H This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature* COMMENTS: 3. CONSUMER AFFAIRS(LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature* COMMENTS: r oFt ra,, Town of Barnstable Regulatory Services * MUMSrASLE. « ,NAB. Thomas Thomas F. Geiler, Director i639 �� AtEDMa�°i 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 30, 2012 Aparecida Maria DeSouza 71 Nautical Road Hyannis, MA 02601 Re: Amnesty Apartment Dear Ms. DeSouza: Enclosed are the Certificates of Occupancy for the Amnesty Apartment at 71 Nautical Road, Hyannis. We have prepared the Amnesty Certificates of Compliance and forwarded them to Cindy Dabkowski, Amnesty Program Coordinator. 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(508) 862-4038 Certificate of Occupancy Application Number: 201106443 CO Number: 20120008 Parcel ID: 307238 CO Issue Date: 01/26/12 .Location: 71 NAUTICAL ROAD Zoning Classification: RESIDENCE B DISTRICT Proposed Use: TWO FAMILY Village: HYANNIS Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: Building Department Signature Date Signed TOWN OF BARNSTABLE Building ZHE 201106443 BARNSTABLE, Issue Date: 12/06/11 Permit R MASS. �ArFG 339. 16 Applicant: DESOUZA,APARECIDA MARIA Permit Number: B 20112686 Proposed Use: TWO FAMILY Expiration Date: 06/04/12 Location 71 NAUTICAL ROAD Zoning District RB Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel 307238 Permit Fee$ 35.00 Contractor PROPERTY OWNER Village HYANNIS App Fee$ License Num Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND BASEMENT AMNESTY APARTMENT FOR BASEMENT UNIT THIS CARD MUST BE KEPT POSTED UNTIL FINAL MAKING FOR 1 AMNESTY APT FOR 3 UNITS TOTAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: DESOUZA,APARECIDA MARIA BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 44 ALICIA RD INSPECTION HAS BEEN MADE. HYANNIS,MA 02601 Application Entered by: PR Building Permit Issued By: .THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY,NO SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.-STREET OR ALLEY 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 CONSTRUCTION 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). V ` Y M 72 IN BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2S/ �/C L 3 ��C �, 1 Heating Inspection Approvals Engineering Dept 1 ire kept 2 BPj;'d;o'jHfth i Town of Barnstable Building Department - 200 Main Street EARNST"LE, Hyannis, MA 02601 MASS. �F16 9. 1508) 862-4038 Certificate of Occupancy Application Number: 201106443 CO Number: 20120008 Parcel ID: 307238 CO Issue Date: 01/26/12 Location: 71 NAUTICAL ROAD Zoning Classification: RESIDENCE B DISTRICT Proposed Use: TWO FAMILY Village: HYANNIS Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: 53, Building Department Signature Date Signed SINE TOWN OF BARNSTABLE Building 201106443 - PermitBARNSTABLE, *� Issue Date: 12/06/11 " 9 MASS. �Ar16 3�A�� Applicant: DESOUZA,APARECIDA MARIA Permit Number: B 20112686 Proposed Use: TWO FAMILY Expiration Date: 06/04/12 Location 71 NAUTICAL ROAD Zoning District RB Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel 307238 Permit Fee$ 35.00 Contractor PROPERTY OWNER Village HYANNIS App Fee$ License Num Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND BASEMENT AMNESTY APARTMENT FOR BASEMENT UNIT THIS CARD MUST BE KEPT POSTED UNTIL FINAL MAKING FOR 1 AMNESTY APT FOR 3 UNITS TOTAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: DESOUZA,APARECIDA MARIA BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 44 ALICIA RD INSPECTION HAS BEEN MADE. HYANNIS,MA 02601 Application Entered by: PR Building.,Permit Issued By: ��— -- .THIS PERMIT CONVEYS NO RIGHT TO.000UPY"ANY STREET,ALLEY OR'SIDEWALK OR ANY PART•THEREOF,•.EITHER TEMPORARILY OR'PERMANENTLY-ENCROACHMENTS ON PUBLIC.PROPERTY;NO SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY_THE JURISDICTION: STREET OR ALLEY 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 CONSTRUCTION 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). 1plh ® ' summon= An BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Boa d o He th , /ygalll TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map d Parcel 239 Application # Health Division Date Issued Conservation Division Application Fee Planning Dept, Permit Fee Date Definitive Plan Approved by Planning Board 11 Historic - OKH Preservation / Hyannis Project Street Address ?/ 440 kb d MA,(_f r44 d Z6ID/ Village Owner ? ate. �-Sn� 2.4 Address `C �;t. <,o Telephone 5o e- Z$®- b 6 y Permit Request hSetM,f5IN; 41t4,A/;PS-g 4V,04q- yq6uT <_,qcv ai 4 Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family . ❑ Two Family ❑ Multi-Family(# units) Age of Existing Structure Historic House: ❑Yes No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) Basement Unfinished Area (sgft) Number of Baths: Full: existing new Half: existing M= new - - CD Number of Bedrooms: existing _new tJ+✓ a Total Room Count (not including baths): existing new First Floor Room Count-, Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size —Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION '�� (BUILDER OR HOMEOWNER) Re c�° DR �o a ZA Name , "� _ , f Telephone Number 502 - A n 0 _ O6:,4 / y Address L,A I - C J A R-0 S License # Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE t+ r FOR OFFICIAL- USE ONLY APPLICATION# t ` DATE ISSUED MAP/PARCEL N0. ADDRESS VILLAGE r OWNER 3 f t DATE OF INSPECTION: ti t_FOUNDATION } FRAME INSULATION a -' FIREPLACE 4 ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: _: := ROUGH t FINAL + .:;FINAL BUILDING'ij, +_.�:'. wig f 4 DATE CLOSED OUT y { ASSOCIATION PLAN NO. Town. of Barnstable Regulatory Ser�ices Thomas F. Geiler, DiSeCtor >r�o BaUdxng Division. Thomas Perry, CB0, Building Commissioner 200 Main Street, Hyannis,NIA.02601* www.town.b arras.2 b I e.ma.us C— 1 'Office( 508-862-4038 Fax: 508-790-623C PLAN REW Owner. Sac) Map/Parcel: �.C', 7 r ProJject Address 71' NA"7-IC'AC- Builder. .'0 ed�-,L The f&Ilowing ifexzLg were noted on reviewing: Lk) ( 14 C LJ S CD �IZO PC� S C 5"p6= 77 N` S c k-7 7 r f CA-T-El Reviewed by: e � Date: �rT^ f r f 6-22-2 0 1�a a 09 : 45ct IME + B"NSTABM MASS 9� %639• �fD MAT� Town of Barnsta* I,:4Y 20 30 Zoning Board of Appeals Comprehensive Permit Decision and Notice Comprehensive Permit No. 2009-072 — DeSouza Chapter 40B Comprehensive Permit Applicants: Aparecida Maria DeSouza Property Address: 71 Nautical Road, Hyannis, MA Assessor's Map/Parcel: Map 307, Parcel 238 Zoning: Residence B Zoning District Deed Reference: Book 18658 Page 253 Applicant: The applicant is Aparecida Maria DeSouza, who resides at 44 Alicia Road Hyannis. Ms. DeSouza is the owner of the property at 71 Nautical Road, Hyannis, MA, as evidenced by a deed recorded in the Barnstable County Registry of Deeds on May 28, 2004 in Book 18658, Page 253. The Nautical Road Property is being used as a three-family multi-unit dwelling. Relief Requested: Ms. DeSouza has applied for a Comprehensive Permit pursuant to Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with § 9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program". The permit is sought to allow for the continuing use of a third apartment in the building. The unit has existed on the property as of January 1, 2000; for'which there is not a validly issued variance, special permit or building permit. The third unit does not qualify-as a lawful, nonconforming use or structure as the Building Division only recognizes the legal use of the property as being a legal-created preexisting two family use, a duplex. § 9-14 of the Code provided for the continuing use of the unit provided the unit is restricted to being affordable housing for qualified persons as required under Chapter 40B. The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 240-11 (A) Principal permitted uses in the RB Zoning District to permit a three-family use of the property in the zoning district that only allows for single-family use of the property. The issuance of this Comprehensive Permit would allow for the continued-use of the two-bedroom, 750 sq.ft. third apartment unit that exists in the lower basement level of the structure. Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2009-072-Aparecida Maria DeSouza Locus: Nautical Road off Sea Street in southern Hyannis. don Residence- cre lot locate zoned Residen The subject property is a 0.20 a , The lot was developed in 1971 as a two-family livi gl area ofthe lmain esidences is 1,760 square and permitted two-family use as-of-right. The feet. b Public Water and a private on site septic. The town of Barnstable's Public The lot is served Y application, and on.February 25, 2010,approved a total of six (6) Health Division reviewed the bedrooms at the property. Procedural & Hearing Summary: b Town Manager,John C. Klimm on March 18, A site approval letter was issued for the property Y roval 2 010 in accordance with MGL Chapter 40B and Commu ty Development n accordanp e with the letter was sent to the Department of Housing and ements of CMR 760. An application for a Comprehensive Permit was filed at the Town requir i Clerk's Office. hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the A public h g 0 and notices were sent to all abutters in p April 201 , Barnstable Patriot on April 2, 2010 and Ap accordance with MGL Chapter 40B, m• A April 28 2010 the Hearing Officer, Laura F. Shufelt opened the public hearing at 6:00 p• On Ap areciLa Maria DeSouza was present at the hearing. Thomas representative for the applicant, Ap L. prese ski of the Growth Bayuck, representative for Ms DeSouza, was present. Cindy rtment was also present. Laura F. Shufelt reviewed the file with Mr. Bayuck to Management Depa requirements. assure compliance with all of the program licant Aparecida DeSouza gave permission via a letter for Mr.Thomas Bayuck 1. The a pp. (applicant's husband) to represent her interests. oned conditions and he consented. 2. The hearing officer made Mr. Bayuck aware of the prop 3. Thomas Bayuck gave his testimony. osition to the 4. Members of the public were requested to comment. No one spoke in opp addition of the affordable apartment unit. ril 8, 2010 written by Frances 5. The hearing officer read into the hearing aoletter daMSS moneau did not cite a reason for Simoneau. The letter opposed the accessory unit;opposition. 6. The hearing was closed at: 6:35 p.m. Findings of Fact: 'I 28 2010 the Hearing Officer made the following findings of fact: At the hearing on April Comprehensive . Ms. DeSouza is req 1. The applicant is Aparecida Maria DeSouza Road Hyannis, MA. The permit isought to Permit for property she owns at 71 Nautical allow ow the continued use of a third unit in the building as ado famabl affordable ng. The fact that is a two-bedroom apartment within the lower 000 level adoption of the "Accessory Affordable the third apartment unit predated January , 2 Town of Barnstable,Zoning Board of Appeals . Decision and Notice,Comprehensive Permit No..2009-072—Aparecida Maria DeSouza Apartment Program" allows the unit to continue to exist and be used provided the unit is committed to an affordable unit and a comprehensive permit is issued to the applicant.. 2. Aparecida Maria DeSouza was granted title to the property by deed recorded in the Barnstable Registry of Deeds on May 28, 2004 in Book 18658, Page 253. 3. On March.18, 2010, a site approval letter was issued for the property by Town Manager John Klimm, in accordance with MGL Chapter 40B and CMR 760 § 56:00. Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of 760 CMR 56.04 (2), and no issues were communicated from the Department on this application. 4. The affordable unit is approximately 750 square feet, and is located within lower level of the multi-family dwelling. 5. The applicant is aware that the'unit must meet all applicable building, health and fire codes to be occupied and that the Building Division, Health Division and Fire Department will also be inspecting the unit for compliance with all applicable codes. 6. The house is served by public water and a private on-site septic. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved a total of six (6) bedrooms at the property. 7. On January 27, 2010 the applicant Aparecida Maria DeSouza signed an Affordable Apartment Program Affidavit that commits, upon the receipt of a Comprehensive Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the . Barnstable County Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental writ. 8. The applicant understand that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of the Barnstable Metropolitan Statistical Area (MSA) and further agrees that rent (including utilities) shall not exceed 30% of the monthly household income of a single person or multiple person family household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of April 27, 2010, 6.7% of the town's year round housing stock qualifies as affordable housing units. The town has not readied the statutory minimum of affordable housing under MGL . Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan encourages the use of existing housing to create affordable units-and the dispersal of these units throughout the town. Summary: The Hearing Officer ruled that the applicant Aparecida Maria DeSouza has standing to apply fora Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is a:so 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. 3 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2009-072—Aparecida Maria DeSouza Ruling &Conditions: Hearing Officer Laura Shufelt ruled to grant the Comprehensive Permit in accordance with MGL a ter 40B and Article II of Chapter Nine of the Code of the town of Barnstable,a more commonly o Ch p P termed the "Accessory Affordable Apartment Program" two-b dro�omtap apartment unit in accordance It is issued to allow for the continuing use of an existing with the following conditions: 1. Occupancy of the affordable unit shall not exceed four (4) people. 2. The total number of bedrooms on the property shall not exceed six (6). 3. This affordable unit shall not be occupied by family members of the owner. shall at all 4. All parking for the affordable apartment and the other two-dwelling units and theimes be on-site. Leasing of the affordable unitbe between unit permitted. lessee. There shall be no subleasing of the affordable 5. To meet the requirements of affordability, the cost of person orhousing ncluding multi person' ties) shall'not me for household for exceed 30% of 80% of the median inco the Barnstable MSA. In theevent that utilities deducted from separately ted frrent level so metered, cality l ulated allowance established by the town of Barnstable shall be 6. All leases shall have a minimum term of one year and have provisions that rthe Accessory equire the tenant to provide any and all information necessary to verify eligibility with . Affordable Housing Program. 7. The Growth Management Department shall serve icat on of tenancy, affordability, andaffordable ring shall include verif apartment. Annual monito compliance with Housing Quality Standards (HQS). The cost for HQS monitoring shall be annual covered by the homeowner. The fee for the initial monitoring of affordaility an fee charged by the Health certification and inspection of the affordable unit shall mirror registration program. Currently that fee is $90 annually. Department for the rental 8. The applicant shall apply for a building permit for the affordable apartment unit. Before securing an occupancy permit and certificate approved i the f ro ed'ance, theplans as sBbm tted wuilding �th thesbuilding ioner shall determine that the unit conforms pp permit application and meets applicable state building and fire co es. Tee Health wastewater shall determine that the dwelling is in complia l applicable discharge requirements. g. The applicant may select her own tenant..The tenant s and/orl meet fam familyhe requirements of income is reviewedtand program as cited above and provided that peson approved by the Growth Management Department the town to provide if the town of ble s a qualified tenant. The applicant will be required to work w on necessary to document that the tenant qualifies. The unit shally occurs notice must bee rented on an open d fair basis to an income eligible individual. Whenever a vacanc given to the Growth Management Department and the unit must be listed with the.Local Housing Authority. 4 10. Every twelve months the applicant shall review the income eligibility of the tenant occupying the affordable unit. No later than a year from t Comprehensive Permit, the applicants shall file with the Growth Management Department affiavitistin the rent charged of the town of Barnstable, as Monitoring Agent, an annuai nd/orltenant shall provide the and income level of the occupant of the unit. The applicanta 4 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2009-072—Aparecida Maria DeSouza town any additional information it deems'necessary to verify the information provided in the affidavit. 11. Upon any report from the Monitoring Agent that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or its Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 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 shall be exercised, all conditions met, and the unit occupied within twelve (12) months of its issuance or it shall expire. Ordered: Comprehensive Permit Number 2009-072 has been granted with conditions. A written copy of this decision was forwarded to the Zoning Board of Appeal on May 5, 2010 as required by the Town of Barnstable Administrative Code Chapter 241, section 11 of the Town of Barnstable Administrative Code. After fourteen (14) days from that transmittal the Members of the Zoning Board of Appeals took no action to reverse the decision, and therefore this decision is final and a copy signed by the Hearing Officer and filed in the office of the Town Clerk. ��u-�• S-ao i� Laura F. Shufelt, Heard Officer Date Signed 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 applicants have the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby i f Appeals filed this deci sion and certify that twenty (20) days have elapsed since the Zoning Board o pp that no appeal of the dec ision has be en filed in the office of the Town Clerk. Signed and sealed this ld day of under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 5 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS TH1S REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 16th day of June,2010,by and between Aparecida Maria DeSouza of 44 Alicia Road Hyannis and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the"Municipality"),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt.and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN- A. The terms of this Agreement and Covenant regulate the property located at 71 Nautical Road, Hyannis, MA as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 18658 Page 253. B. The Project located at 71 Nautical Road,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.2009-072 and anyplans submitted therewith and all applicable state,federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book !d & '�`Z &Page 1 " 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,COVENANT'S AND WARRANTS AS FOLLOW: 1" In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80%of the area median income of Barnstable.Metropolitan Statistical Area(MSA)and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80%of the Area Median Income (AMI) of Barnstable MSA and that rent(including utilities)shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately teetered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, f mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,:would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement)or would materially adversely affect its financial condition. B: COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80%or less of the Area Median Income (AMI) of Barnstable Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that. utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable.Unit is rented,the tenant's income.verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. III MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80%or less of the Area Median Income(AW of Barnstable MSA and that rent (including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. 2 V. GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,.its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and 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 MG-L Ch. 184,Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 18658 Page 253 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 18658 Page 253. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2)notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 'X. SUCCESSORS AND ASSIGNS: A The Parties to this Agreement intend,,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title,(u, are not merely personal covenants of the Owner,and(1)shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XI. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30)days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry ofthe 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�dayof — 2010. OWNER BY: Signani Printed:A a A .E e:Q a Nr— v ZR COMMONWEALTH OF MASSACHUSETIS County of Barnstable,ss: On this L4-f.day of > 2010 before me,the undersigned notarypublic,personally appeared Jr, � ,the Owner(s),proved to me through satisfactory evidence of Identification,which were M q ,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. Notary Public Printed.-GUM ( 2a My Commission Expires: 4 TOWN OF B STABLE BY: r "0WI�j`MANAGER COMMONWEALTH OF MASSACMETTS County of Barnstable,ss: On this�1 day of �t,h,,P- 2010 before me,the undersigned notary public,personally appeared :-a V 1~� c, i,�j,•a ,the Town Manager for the Town of Barnstable,proved tome through satisfactory evidence of identification,which were 77 i ,to be the person whose name is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. C e/z, . NotaryPublic Printed: ` /, :�/L My Commission Expires: 1 "Nbtary Public" Joytx�A.Pecsu*8 Oommommfth of Massachusws WRY CommH6on Fxpires on Feb.la,2b16 5 Poo- w C7 . r O m IMP - UP DQUIRED STATE U UIRES THE UPGRADING OF SMOKE TECTORS FOR THE ENTIRE DWELLING WHEN N ONE 0 RE SLEEPING AREAS ARE ADDED OR CREATED. NOTE: SEPARATE PERMIT IS REQUIRED FOR THE INSTALI ION OF SMOKE DETECTO S-THE ELECTRICAL PERMIT ES NOT SATISFY THIS E IREMENT. S SMOKE DETECT S RE E &STABLE BUILDING DEPT. CIO - FIRE DEPARTMENT DATE,y , J BOTH SIGNATURES ARE REQUIRED fOR PERMITTING 71 at (J / CARBON MONO RIDE ALARMS C MAS M ST BELTS BuD PER DING CODE 7�e V(2, H -2 1.1a � c r� L!Y yST. Ft. Dcor Aee 4; r4r 1� 1 z , K U 6C, d2- ---- �< <�•�... ,, - -fib_ , • qs " O ��, ( 4A Is-f FJDc v- Anderson, Robin From: Dabkowski, Cindy Sent: Monday, January 24, 2011 11:19 AM To: 'floating_chef1 @yahoo.com' Cc: Anderson, Robin; Dabkowski, Cindy Subject: Accessory Affordable Apartment Program Good Morning Y Mr. Ba uck have been trying to reach you by phone. Your mailbox is full; I can not leave a message. If you are interested in receiving Community Development Block Grant Funds please get me the required documents as soon as possible. Please contact Robin at the building department(508-862-4038) to complete the steps of the building permit you received to install the windows. Cindy Dabkowski Affordable Accessory Apartment Coordinator " Growth Management Department 367 Main St Hyannis, MA 02601 508-862-4743 1 Barnstable 1 M ► BARNSTABL£, ' Ass. The Toiyjnq�4&rpstable t63q Gr®wth Management,Department Mvw.town.b.arnstable ma.us/�rowthmanaLTement 2007 Jo Anne Miller Buntich Director In accordance with the attached request of Apareci da DeSouza;owner of the.multi' family unit located4t 71 Nautical Road Hyannis,MA dated July I3, 2011 regarding Comprehensive Permit No. 2009-072, and upon the decision of the Zoning Board of Appeals Hearing Officer given at the.public,hearing on July 13!I 2011,a six month extension of.this appeal is granted. The original decision on Appeal No. 2009-072 was certified by the Barnstable o � n Town Clerk on June 10,2010. Ms.DeSouza can not complete all conditions of -� the.comprehensive permit in the required timefram'e.Therefore,the extension is I ' necessary in order that Ms.DeSouza may complete.the rehabilitation.and apply for occupancy permit for the accessory unit. m Said.Comprehensive Permit No. 2009-072 is herebyextended until December 10, 2011 Signed, �tnkl Laura F.Shufelt Hearing Officer L !73 Zoning Board of Appeals. Dated: 7 i 3 i i -'•ITI W t 200 Main Street, Hyannis, MA 02601 (o) 508-862-4786 (f)'508-862-4784 M7 Main Street, Hyannis,MA 02601 (o) 508-862-4678 (f) 508-862-4782 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 3 0 7 Parcel 2-3-e� Application # Health Division ` 5 -� r' Date Issued y Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _Preservation/ Hyannis P 6t•Street`Address : I f s S IV Y' C-44- LA)4� Villages IV yS - �Pi V" ��I 4 �e a/��4 "�""� �dr ice~--_.:'�f t� ,�-L I�-c Owner Address Telepphr}o ne Og �r (( .r'. aer^mit-Req � AS Tu,)o 2 t- ' Qrgs r., Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay �ProjectsValuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full existing new Half: existing new Numberof Bedrooms existing new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes Flo 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 i APPLICANT INFORMATION '(BUILDER OR HOMEOWNER) (Name, ,nno r2s _ elephone=Number 4 Addre s .� ,�\X �, �E� �7V� License# �� 0266o Home Improvement Contractor# 108 082 Worker's Compensation # 55 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO S GO SIGNATURE DA IE _' ' 2 Z c>td f i r FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED M!AP/PARCEL NO. s - ADDRESS VILLAGE OWNER F 3. s s DATE OF INSPECTION: s FOUNDATION r FRAME s INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING { DATE CLOSED OUT ASSOCIATION PLAN NO. r+Xr Town- of Barnstable Regulatory Services Thomas F. Geiler, Director .. i65� Building Division P Thomas perry, CBO, Building Conaraissioner 200 Main Street, Hyannis,MA 02601' www.town.b a rnsta b l e.m a.us 'Office( 508-862-4038 Fax: 508-790-6230 PLAN RE VEE W Owner: k Map/Parcd: `SO Project Address 7r " 7 Sr Builder: The following items were noted on reviewing: TV c o F 04- 0&1 7-0 4;� r 6 Nr✓s -�A� cJ0/ZrL 7-6 Reviewed by: Date: (C) Q:FxTns:Plnrvw ' The Commonwealth of Massachusetts Department of Industrial Accidents ' Office of Investigations (� 600 Washington Street c� Boston, MA 02111 s it www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print LelZibl Marne (Busine /Organization/Individual): ay03` r \_Av-"wtE_eS Address: ` eN M City/State/Zip: c t «� n-�►-„sa OZ66o Phone#: (Z— Are u an employer? Check the appropriate box: Type of project(required): 1.LJ I am a employer with 1 4• ❑ I am a general contractor and I 6. ❑New construction employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling These sub-contractors have g, Demolition ship and have no employees working for me in any capacity. employees and have workers'comp. ❑ Building addition [No workers' comp. insurance comp. insurance.$ 5. ❑ We are a corporation and its 10.❑ Electrical repairs or addition required.] 3.❑ I am a homeowner doing all work officers have exercised their 1 I.❑ Plumbing repairs or addition 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 comp. insurance required.] *Arty 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. tContractors 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. Lie.#: ti WCL4 SB 59 S5 Expiration Date: C> 21 Job Site Address: �' S NA0TNC-PkL— WAy City/State/Zip:%a.ti,_.,_N �,4 07-60� 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 fit of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do here certify t n , r t and penalties of per'ury that the 'nfor�nation provided above is trcce and correct Si nahtre. ot, S Date: Phone.#: S06— _26 12 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#:-__ 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, constriction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." .. Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractors)name(s), address(es)and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a.policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit.. The affidavit should be returned to the city or town that the application for the pen-nit or license is being requested,not the Department of Industrial Accidents. 'Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the 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 may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would 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 # 617-727-7749 Revised 4-24-07 www.mass.gov/dia Client#: 23554 WYNGE ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 2/02/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sullivan Insurance Group,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE One Chestnut Place HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10 Chestnut Street Worcester,MA 01608-2804 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: ACE USA Wynot'S General Contractors INSURER B: 1 Windmill Way INSURER C: South Dennis, MA 02660 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MM/DDIYY DATE MM/DDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED nce CLAIMS MADE Fl OCCUR MED EXP(Any one person) $ PREMISES(Ea occurre 1 PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC JECT AUTOMOBILE LIABILITY- COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ - $ A WORKERS COMPENSATION AND NWCC45859551 01121/10 01I21/11 X We STATU- OTH- EMPLOYERS'LIABILITY ' ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $100,000 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE s500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $100,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS Evidence of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Evidence of Insurance DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL -1 n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RESEN T1�4 VE ACORD 25(2001/08)1 of 2. #S1 169391M1.1 6937 LNC o ACORD CORPORATION 1988 YREr Town of BarastaWe 0 Regulatory Services 4 k Thomas F Geiler, Director �o ti Building Division Toni perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town,barngtable.ma.us Office: 508-862-4038 Fax: 508-7904 Property OwiierMust Complete and Sign This Section zf Using .A Builder r� �.��,,� �,Sa z✓�} , as Owner of the subtect.propert r hereby autho L L4-IAI vH -e4 to act on my behalf, in all matters relative to work authorized by this building permit application for. (Address of rob) zS-1,D. Signature of Owner Date A-?41L I-C C i m bC ECIU2A Prmt Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. Town of Barnstable • N��op Ytu:r�y� Regulatory Services &k STAR_ Thomas F. Geiler,Director 'tom Building Division Prfco 'y Tom Perry,Building Commissioner 200 Mairi•Siregt, Hyannis,Na 02601 vvwwAown.barnstable.ma.us Office: 509-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMTTION Please Print DATE: I 2E LID JOB LOCATION: / I number strmt . �JG village y _ "HOMEOWNER": krra E C 1 t)4- C�o`'7_ A �-08 7 ! O— ob 7-1 �d��J � �� name home phone# work pbonc# CURRENT MAILING ADDRESS: �FrL� Ccc'a 14�l�rry(S - etty/town state np code The current exemption for"homeowners" was extended to include owner-occupied dwellinu 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. DEZ<=ON 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 Burldiag Oificial on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed wader the building permit. (Section 109.1.1) The undcrsigncd"homeowner"assumes responsibility for compliance with the State Building Codc and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that_he/she understands the Town of Barnstable Building Dcpartruent minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of HDmeOWner 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 EXEMYTTON .The Code states that: "Any bomcownv performing work for which a building perrnit is required shall be cxcmpt from the provisions of this scction.(Scc6on 109.1.1 -Licensing of construction Supcvsors);provided that if the homeowner engages a pa"son(s)for hire to do such wor,that such Homeowner shall act as supervisor." Many homeowners who use this exemption arc unaware that they arc assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness bft=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 ss Supervisor is ultimatc)y 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 respm sibi)itics of a Supervisor. On the last page of this issue is a,form currently used by several towns. 'You.may cane t amend and adopt such a formlccrtifncation for use in your corrurtunity. I'I Q:forms:homccx cnip t WYNOT'S GENERAL CONTRACTORS 1 WINDMILL WAY S. DENNIS, MASS. 02660 I, DAVID W. LAMMERS, OWNER OF WYNOT'S GENERAL CONTRACTORS OF 1WINDMILL WAY, SOUTH DENNIS, MASSACHUSETTS 02660, AUTHORIZE DAVID W. LAMMERS,HOLDER OF CONSTRUCTION SUPERVISOR LICENSE IN THE STATE OF MASSACHUSETTS , LIC.# 12209, TO PULL ALL BUILDING PERMITS FOR WYNOT"S GENERAL CONTRACTORS. DAVID W. LAMMERS 2/5/2010 A -lassachusctts - Department of Public SafctN Board of Buildin-, Regulations and Stantlal-ds Construction Supervisor License License: CS 12209 Restricted to: 00 DAVID W LAMMERS 1 WINDMILL WAY-q S DENNIS, MA 02660 Expiration: 1111/2012 ('numissi ner Tr#: 15668 F ✓12G+ "L�Jo�Y✓rlSo rGCueCLGCIL O��l�(,CLQOC7.C/zUd('.�6 Board of Building Regulations and Standards HOME IMPROVEMENT CONTRACTOR Registration: 108082 Expiration .-8/12/2010 Tr# 273039 Type: Individual DAVID W LAMMERS " David Lammers 1 Windmil Way W Dennis,MA 02660 Administrator OSHA 002201531 U.S.Department of Labor Occupational Safety and Health Administration David Wynot Lammers has successfully completed a 10-hour Occupational Safety and Health Training Course in Construction Safe 8 Health r� (trainer) (Date) r °F THE t°�� Barnstable The Town of Barnstable BSTAB . * Ail-America City . g Growth Management Department 1639. ♦0 ArFp�.�A 367 Main Street,Hyannis,MA 02601 Office: 508-862-4678 Jo Anne Miller Buntich Fax: 508-862-4782 Director 2007 n June 22, 2010 Aparecida Maria DeSouza 44 Alicia Road Hyannis, MA 02601 RE: Building Permit Application & Final Inspection 71 Nautical Road Hyannis MA 02601 Enclosed please find a copy of your recorded decision and deed restriction. As you know, one of the conditions of your recently issued comprehensive permit requires that you apply for a building permit for the accessory unit, whether the unit is new or pre-existing. To assist you with this process, I have enclosed a Town of Barnstable Building Permit application. Please contact Lois Barry in the Building Division at (508) 862-4039 to schedule an appointment to compete the building permit application process. Lois is available on Mondays, Tuesdays and Wednesdays. You will be required to provide five copies of a clear floor plan for both the main house and the apartment which indicates the square footage of each room as well as the total1 square footage of both dwellings. Smoke and carbon monoxide detectors must also be clearly labeled on the plans. A Building Division inspector will then conduct the final inspection of your accessory unit. After the unit passes inspection a certificate of occupancy will be issued by the Building Commissioner and mailed to you. Once you have received your certificate of occupancy you may select a tenant for your accessory affordable unit. Please feel free to contact me at 862-4743 with any questions or concerns. Regards, Cindy Dabkowski _ Accessory Affordable Apartment Coordinator oFt •�,,, Town of Barnstable Regulatory Services * sAxxsTAsLE. MASS. Thomas F. Geiler, Director �ATF039.�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 AMNESTY APARTMENT ELIGIBILITY VERIFICATION Re: 71 Nautical Road Hyannis MA Date: March 16, 2010 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 �C Tom Perry Building Commissioner q:forms/amnestyaptverification Td G� �I f Amnesty Apartments Last Name first Name 2nd Owner 2nd Owner i Last Name First Name Map Parcel 307238 Property No 71 1 Property Street NAUTICAL WAY g w„ Village HYANNIS f� `JState rMMA7 Zip 02601�1 Status Prospective i Action Required Assessors Use Group Two Family f Comp Per Issue 9 Recorded Date Application# Permit Issued: C of C Total Program Total Descripton 77 Cert of Occupancy Issued: I Cert of Compliance Issued Notes 3/3/10 MTG:2 EGRESS WINDOWS ADDED,SHOULD GET FINAL SOON. MAY GO FOR AMNESTY HEARING IN APRIL. 3/16/10 AMNESTY APT ELIGIBILITY VERIFICATION. 6/2/10 MTG:AMNESTY APPROVED,IN 20 DAY APPEAL PERIOD .:!..- t a.• 1'w-.w.}".F+Y. a j#t ,; ,. ;fiJ,.:- fl. .tee, $ „�,,,a .. °` 'L 'e'$�.at;'d"-��t''``'Y` rc.}j y• .s_.- .oi"' ... : .• ,45. -d;..,✓.hJ �l ,'F�v�.�..gdL..rr.- tt, •�tJ.. t" r�L�ls,.ri�'`�.t.s, *��'-,dui`�``�' '%.t�,^ w '4"• . Town of Barnstable OF tNE 1p� . do Regulatory Services, Thomas F. Geiler, Director snxxsrns[.e. 9� 3:.. g Build in Divi b sion '°rFn N►n+° Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ina.us Office: 508-862-4038 Fax: .508-790-6230 EXIT`ORDER DATE: I1 LOCATION: 7 S v UNDER THE PROVISIONS OF 7.801CMR,THE STATE BUILDING CODE, SECTION 3400.5.1, YOU ARE HEREBY ORDERED TO IMMEDIATELY DISCONTINUE THE USE OF THE CELLAR/BASEMENT AREA FOR SLEEPING PURPOSES. Lbe'UVINSPECTOR SIGNATURE OF RECIPIENT ODEM DE SAIDA DATA: LOCALIDADE: DE ACORDO COM 0 PROVISORIO 780 CMR, CODIGO DE CONSTRUCAO DO ESTADO, PARAGRAFO 3400.5.1, VOCE ESTA ORDENADO DE DEIXAR DE USAR, IMEDIATAMENTE, A AREA DO PORAO/BASEMENT PARA O PROPOSITO DE DORMIR.' INSPETOR LOCAL ASSINATURA"DO RECIPIENTE 71 /75 Nautical Way, Hyannis �/09 f '`-� f. ?•'�, 'f „ t+'wf�-� .. rP ,y ii II ' � wA way. I'll-IN - .. Nat ,v ; Message Page 1 of 1 Anderson, Robin From: Anderson, Robin ' Sent: Thursday, January.07, 2010 8-20 AM To: Dabkowski, Cindy Subject: 71-75 Nautical Way. Cindy, I have referred the owner of 71/75 Nautical to you as. I found an.illegal apartment in the basement of this legal duplex. There are numerous code issues that.must be addressed as no permits or inspections occurred during or after the construction process of said unit. The owner has been made aware that a complete assessment must be made and permits must be obtained and the unit must be brought up to code. A contractor was present during this conversation yesterday. I provided them with your business card and I expect that they will contact almost immediately. lfyou have not heard from them within the next 2 weeks please let me know in order that I can pursue enforcement resulting in the complete removal of the offending unit: q?p6in Robin C. Anderson Zoning Enforcement Officer ,own of Barnstable 200 Main Street Hyannis, NA 026oi 5o8-862-4027 1/7/2010 i Message Page 1 of 1 Dabkowski, Cindy From: Anderson, Robin Sent: Thursday, January 07, 2010 8:20 AM To: Dabkowski, Cindy Subject: 71-75 Nautical Way Cindy, I have referred the owner of 71/75 Nautical to you as I found an illegal apartment in the basement of this legal duplex. There are numerous code issues that must be addressed as no permits or inspections occurred during or after the construction process of said unit. The owner has been made aware that a complete assessment must be made and permits must be obtained and the unit must be brought up to code. A contractor was present during this conversation yesterday. I provided them with your business card and I expect that they will contact almost immediately. If you have not heard from them within the next 2 weeks please let me know in order that I can pursue enforcement resulting in the complete removal of the offending unit. �p6in Robin C. Anderson Zoning Enforcement Officer 7"awn of BarnstabCe 200 -'Alain Street Hyannis, NA 026oi 5o8-862-4027 1/7/2010 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. �g item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse ;TPT ❑Addressee so that we can return the card to you. eive I by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. N D. Is delivery t from item 1? ❑Yes 1. Article Addressed to: eD If YES, rl below: W:� DEC 2 20091 j 3. Service e `�j� r) 1�1-Certifl SQ' press Mail G/ , ' [/7 ❑Registered �Retum Receipt for Merchandise I �(� / ❑Insured Mail ❑C.O.D. (J CO 4. Restricted Delivery?(Extra Fee) ❑Yes 12. Article Number I (Transfer from service tabeQ 7009 1680 0000 3272 0416� I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 1 I UNITED STATES POSTAL SERVICE First-Class Mail I Postage&Fees Paid i LISPS Permit No.G-10 I � I i • Sender: Please print your name, address,and ZIP+4 in this box • I � I TOWN OF BARNSTABLE BUILDING DIVISION 200 MAIN ST. HYAA►NIS MA 02601 � I I I I I Town of Barnstable Regulatory Services oFI ME t Thomas F.Geiler,Director ti Building Division t anxxsTasne, + Tom Perry,Building Commissioner y Mass. 039. 200 Main Street, Hyannis,MA 02601 AlFO MA'S A Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Aparecida DeSouza and all persons having notice of this order. As owner/occupant of the premises/structure located at 71-75 Nautical Way,Hyannis Map 307 Parcel 238,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date;Nov. 24, 2009 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: Chapter 240 Section 11 RB Residential Single Family District 2. COMMENCE imm:diately,action to abate this violation.. ..Operation of a multi family home SUMMARY OF ACTION TO ABATE: Renting or otherwise allowing basement apartment to be occupied. Arid,if aggrieved by this notice and order,to show cause as to why you should not be required to do.so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If, at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. B order, Robin C.Anderson Zoning Enforcement Officer 508-862-4027 Q/FORMS/viozonel Certified Mail#7008 3230 0002 5177 8742 x Tom,, 'Town of Barnstable � i Regulatory Services t tiAlt:NSCABLE, r 'gas g Thomas F. Geiler, Director �szy. ffQn4A�a' Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 November 24, 2009 Aparecida DeSouza 44 Alicia Road Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II—MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION, The property owned by you located at.71/75 Nautical Road was inspected on November 21, 2009 by Timothy O'Connell, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of a complaint. The following violations of the State Sanitary Code were observed 410.450 Means of Egress: Observed two (2) rooms within basement being used as bedrooms without second means of egress. The following violation(s) of the Town of Barnstable Code were observed: 170-4- Certificate of Registration —Rental property is not registered with Barnstable Health Department. You must register both units of main house. You are directed to correct the violations listed above within twenty four (24) hours of your receipt of this notice by removing all beds from basement and ceasing and desisting from using any part of basement as sleeping quarters. You must install egress windows in each bedroom if you choose to use them for sleeping. This must be done with a proper building permit from the Town of Barnstable Building Division. You are directed to correct the violations listed above within fourteen (14) days of your receipt of this notice by registering apartments. 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 a fine of$100.00 per violation. Each day's failure to comply_ with an order shall constitute a separate violation. Thomas A. Mc ean, R.S., CHO a stable Health Division QAOrder letters\Housing violations\Rental ordinance\71/75 nautical road i. - 1 0 i cow o r � I GfosCT i o� R� 3c➢ i I I O V T Sr.D - 7 i2 �0.1.C4 �� G I O - I bA V � i w i I o J L A 1 GforeT I j i . i c O u T - � !Z �o4.G I J �' z /. 00 Al .. o DBL. ; ' EXISTIN HUNG WINDOW- SIDING a EXIST. TO REMAIN (TYP) . (TYP) u N 00 m a O ll E_L.P_RO_J E_CT:+/-6" — APPROX. T. O. FINS\ FL. (1 ST FL.) \— — - — —'— — - - — — — — — —— _ -------------- EL. PROJECT: 0'-0" Project Address: — APPROX. T. O. FIN. /- - - - - - -- - - - - - - - - - - 7tn5 NAUTICAL WAY GRADE / HYANNIS,.•M - —�} EL. PROJECT: -0'-6� �� 8 —6 Project Contact: T APARECIDA DESOUZA, APPROX. T. O. FIN. 408 —6 OWNER CEILING(BASEMENT) EXIST.BASEMENT WINDOW DAVID LAMERS,G.C. TO BE REPLACED 508-328-8112- (TYP) _ EL. PROJECT: -6'-9" �APPROX. T. O. FIN.— — — — — — — FL. (BASEMENT) EXPOSED Drawing Tines: CONCRETE _ EXISTING PARITAL ELEV. FOUNDATION WALL @BASEMENT LEVEL (TYP) Scale: = 1'-0" Lo 32 Project No.: . 1037 EXISTING ELEVATION - BASEMENT Date: 1s DEC.2009 TSCALE: 1/4" = 1'-0" 0000 Drawn By: SNH - . • Sheet No. J oo ^ o ✓' J M C• - ro 0 L Vr 14.. - DBL. EXISTIN HUNG WINDOW- SIDING EXIST. TO REMAIN (TYP) Q (TYP) a� 00 N yy D 0 0 . EL.PROJECT: LJ — _ _APPROX._T. O. FINS FL. (1ST FL.) \ \ _EL. PROJECT: 0'-0" - - - - - - - - - - - - - - - EAVE GAP — APPROX. T. O. FIN. /—.- - - - - - - - - - - - - - - - AT'T.O. NEW GRADE / WINDOW FOR RI Project Address: / HEADER-MIN. TRIM, 71 n5 NAUTICAL WAY WEL. PROJECT:4-6 6" 6"CLEAR (TYP)TYP TOIST.TCH HYANNIS, MA EX APPROX. T. O. FIN. 40 8/—6# 10 (TYP) Project Contact: CEILING(BASEMENT) NEW 42" H X 24"W APARECIDA DE APPROX. T.O. OWNER DBL. HUNG SILL- MIN. 18" Ll WINDOW ABOVE FIN. FL DAVID LAMERS,G.C. (TYP) 508-328-8112 _ EL. P_ROJECT_-6'-9 — — — — — �APPROX. T. O. FIN. FL. (BASEMENT) EXPOSED CONCRETE LINE OF APPROX. FIN. Drawing Titles: FOUNDATION WALL GRADE AT BASEMENT PROPOSED PARITAL ELE (TYP) LEVEL @ BASEMENT LEVEL 3 2 i Scale: "NOTE:ALL CHANGES REQ'D TO MEET ALL APPLICABLE LOCAL/STATE BUILDING CODES. . AND REGULATIONS Project No.: 1037 Date: 18,DEC. 2009 TPROPOSED ELEVATION BASEMENT Drawn By: sNH SCALE: n _ � n 1/4 1 -0 , Sheet No.