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':. f `� �l � � {,;� �.! �f V.Q �_ _ •i NUTTER, MCCLENNEN 8& FISH, L ATTORNEYS AT LAW I D ! 1513 IYANNOUGH ROAD-P.O.BOX 1630 JU N 2 O p HYANNIS,h1ASSACHUSETTS 02601-1630 2001 TELEPHONE: 508 79C-5400 FACSIMILE: 509 771-8079 TOWN OF BARNSTABLE BOSTON OFFICE-ONE INTERNATIONAL PLACE ZONING BOARD OF APPEALS PATRICK M.BUTLER voice: 508 790-5407 e-mail: pmb@nutter.com fax: 508 771-8079 June 27, 2001 #101024-3 Ron Jansson, Chair Barnstable Zoning Board of Appeals 230 South Street Hyannis, MA 02601 Re: Modification of Aunt Sarah's Harbor View House - Barnstable Housing .Authority Appeal No. 2000-61 Dear Mr. Janson: I am writing to request a minor modification of the Comprehensive Permit granted to the Barnstable Housing Authority for the improvements to "Aunt Sarah's Harbor View House." Currently, the permit allows for the remodeling of the interior of the building for six single room occupancy units with a shared kitchen and bathrooms, five studio apartments and two one bedroom apartments. The applicants would like to remove a single room occupancy unit and seek your permission to modify the existing Comprehensive Permit to allow for five single room occupancy units instead of six. Therefore, the total number of units to be rented as affordable units will be twelve instead of thirteen. Should you or the Zoning Board of Appeals have any questions concerning the proposed modification, please do not hesitate to contact me. Sinc yours iati M. Butler PMB:cam 1005505.1 I C`Y'iitJ C' EPA DI-AD!-L; -F-, 1 SAC EN,f�i BAMNSTABIA 167y Town of Barnstable i FILE COPY ONLY! Zoning Board of Appeals' NOT RECORDED AT Comprehensive Permit REGISTRY OF DEEDS Decision and Notice Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL, Chapter 40B Summary Granted With Conditions Applicant: ' Barnstable Housing Authority. Property Address: 93 Pleasant Street, Hyannis,.MA Assessor's Map/Parcel:—Map 326,'Parcel 029 Area: 0.32'acres Zoning: RB-1 Residential B-1 Zoning District Groundwater Overlay: AP- Aquifer Protection District Applicant Request Comprehensive Permit Activity Request: To remodel the interior of the building for 6 Single Room Occupancy Units with a shared Kitchen and two bathrooms,and 7 Studio/One-bedroom Apartments. The 13 units are to be rented as affordable. The total occupancy is 15 persons. Procedural: MGL Chapter 40 B APPLICANT: The applicant is Barnstable Housing Authority, a public agency created in 1948 in accordance with Housing Authority Law of the Commonwealth of Massachusetts. It is a municipal authority having an address of 146 South Street, Hyannis MA 02601. RELIEF-REQUESTED: The applicant has applied for the issuance of a comprehensive permit pursuant to M.G.L. Chapter 40B §§20- 23. The proposal is to remodel the interior of the building for 6 Single Room Occupancy Units with a shared Kitchen and two bathrooms the lower level and to develop a total of 7 Studio/One-bedroom Apartments on the first and second floors. All of the 13 units are to be rented as affordable units to tenants with low and very low income levels. The total occupancy of all 13 units is to be limited to 15 persons. The majority of the development is to be financed through the Massachusetts Housing Partnership Fund, Permanent Rental Financing Program and the Permanent PLUS Program. Additionally, the Barnstable County HOME Investment Partnership and Community Development Block Grant have also been identified sources of funds. The applicant has requested the following relief from the Barnstable Zoning Ordinance: Section 3-1.2 Principal Permitted Uses-to permit Multi-Family Dwellings (Apartments) Section 4-2.9 Schedule of Off-Street Parking Requirements to allow 11 off-street parking spaces when 19 would be required (10.5 spaces for the apartment units plus 1 visitor and 7.2 for the lodging units). Section 4-2.6 Landscape Requirements for Parking Lots-Single Family Zoning District with parking for more than 5 cars require a 50 foot Front Yard Landscape Buffer. In addition, the applicant requested the Board review the fees for this particular application with the intent to refund all of the $1,300 application fee. Town of Barnstable-Zoning Board.of Appeals-Decision and Notice Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B LOCUS The property is a 0.32 acre lot on the corner of Pleasant and South Streets in Hyannis in the RB-1 Residential B-1 Zoning District. It is improved with a two-story apartment building with a partly exposed basement level of 3,525 sq.ft. of living area. PLANS SUBMITTED: The plans submitted for the proposed rehabilitation are titled "Multi-family Housing Renovation for Barnstable Housing Authority 93 Pleasant Street, Hyannis, MA." They consist of 3 sheets-Existing Floor Plans, Proposed Floor Plans, and Site Plan & Proposed Elevations. They were drawn by AKRO Associates Architects, 310 Barnstable Road, Hyannis, MA and dated March 08, 2000. DOCUMENTS AND OTHER INFORMATION SUBMITTED: The following information has been submitted to the file: 1. Application for Comprehensive Permit, Town of Barnstable Clerk Office date stamped June 07, 2000, including the following attachments: a) April 13, 2000, Assessing Division certification of Abutters List, inclusive of a copy of the list of Abutters, the GIS area map with 300 foot abutter notification ring b) Letter from Compass Bank, to Thomas Lynch, Executive Director Barnstable Housing Authority, approving a$185,000 Loan for the purchase of the building, inclusive of terms and conditions of the loan and a copy of a$925.00 check for the Commitment Fee. The agreement letter is signed by Thomas K. Lynch, Executive Director, and dated 4th day of February, 2000. c) Copy of"Extract from Minutes of a Special Meeting"of the Barnstable Housing Authority for November 29, 1999, authorizing the Executive Director and Chairman to enter into a P&S Agreement for 93 Pleasant Street. d) A copy of a signed P&S Agreement between Richard A. Arenstrup, Trustee of Cape Anne Trust and the Barnstable Housing Authority. The agreement was signed 21 day of January ,2000. by Richard A. Arenstrup and Arthur F. Kimber, Barnstable Housing Authority Chairman. Included is Exhibit'A' listing of tenants and rent amounts. e) Copy of the by-laws of the Barnstable Housing Authority as adopted on October 13, 1948. f) Copy of a May 09, 2000 letter from Cape Cod Commission to Thomas K. Lynch, Executive Director, citing that the"project would be considered an eligible activity under the HOME [Investment Partnership fund] program." g) Copy of the HOME Investment Partnership application, Section 3-Sources and Uses of Funds, Section 4-Operating Pro-forma, Project Summary Information, Rent Profile Analysis, 21-Year Operating Proforma for years 1 to 10. h) Copy of reduced plans titled "Multi-family Housing Renovation for Barnstable Housing Authority 93 Pleasant Street, Hyannis, MA"consisting of 3 sheets -Existing Floor Plans, Proposed Floor Plans, and Site Plan & Proposed Elevations. 2. Application transmittal letters from Patrick M. Butler to Ron S. Jansson, Chairman ZBA, dated.May 30, 2000 and a letter from Barnstable Housing Authority, Thomas K. Lynch to Ron S. Jansson, dated May 24, 2000. 3. Copy of Town of Barnstable Assessors Card -print dated 07/07/2000. 4. Copy of Massachusetts Historic Commission Survey Report. 5. Agreement to Extend time limits for Holding a Public Hearing on the Comprehensive Permit signed by Patrick Butler, Town Clerk stamp date June 08, 2000. 6. Copy of Zoning Board of Appeals letter, dated June 12, 2000 to various agencies requesting review and comments on the project. 7. A June 23, 2000 letter to Ron S. Jansson, Chairman ZBA form Patricia G. Fiero, Barnstable Housing Committee, endorsing the proposal. The letter notes that the project will serve people earning 50 to 60% below the median income level. 8. A June 23, 2000 note to the file citing a phone call from the Conservation Agent, Rob Gatewood that stated "no conservation jurisdiction over this project." 2 r Town of Barnstable-Zoning Board of Appeals-Decision and Notice Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL, Chapter 40B 9. Copy of a record Quitclaim Deed for the Locus, 93 Pleasant Street Hyannis, MA to the Barnstable Housing Authority, signature dated the 16th day of February 2000 and recorded in Book 12840, Page 147 on February 18, 2000. 10. A June 30, 2000 certification of abutter list signed by Janice P. Semprini, Office Manager, Assessing Division. 11. Copy of Legal Notice for the Public Hearing of July 19, 2000 (Proof of Publication). 12. A July 10, 2000 letter to Ron.S. Jansson, Chairman, Zoning Board of Appeals from Thomas J. Mullen, Director, Department of Public Works, noting a concern for on-site parking. 13. A July 10, 2000 letter to the Zoning Board of Appeals from Carol H. Kckinnon, owner of 132 South Street, Hyannis, MA objecting to the permit based upon the density of the units. 14. MHP Fund-2000 Maximum Allowable Rents for Affordable Housing Units and 2000 Income Limits for Affordable Units. 15. Copy of a July 11, 2000 letter to Tom Lynch, Barnstable Housing Authority from Massachusetts Housing Partnership Fund, signed by Wendy Collen inclusive of attachments stating that the project is fundable under the MHP Fund's Permanent Rental Financing Program and the Permanent PLUS Program. It further states that these funding sources and the agency quality for consideration under MGL Chapter 40B, Comprehensive Permits processing. 16. Copy of an application to Hyannis Main Street Waterfront Historic District Commission for a Certificate of Appropriateness for the proposed project, received date stamped July 12, 2000 17. Copy of a July 17, 2000 letter to Tom Lynch, Barnstable Housing Authority from Massachusetts Housing Partnership Fund, signed by Wendy Collen. This letter replaced the July 11,2000 letter related to standing (Item No. 15). 18. Copy of a memorandum booklet prepared by the applicant and distributed to the Board at the hearing of July 19, 2000, containing information as to the need, authority's activities and experience. 19. Town of Barnstable, Planning Division Follow-up Staff Report dated August 08, 2000, suggesting possible findings and conditions for the Boards consideration. 20. An August 10, 2000, letter from Attorney Patrick Butler to Gail Nightingale, Acting Chairman, responding to some of the issues raised at the July 19, 2000 hearing, including an update of activities, related to permitting of the project, parking and including an alternative parking layout specifically Building Code Issues, PROCEDURAL SUMMARY: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on June 07, 2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on July 19, 2000. At that hearing, the Board found that the applicant had standing to apply for the Comprehensive Permit. The proceedings then continued into the needs and merits of the proposal. The hearing was continued to August 16, 2000 at which time the Board granted the Comprehensive Permit with conditions. Hearing this appeal were Board members Ralph Copeland, Richard Boy, Tom DeRiemer, and Gene Burman and Vice Chairman Gail Nightingale. Attorney Patrick Butler, representing the applicant. Also present were Thomas Lynch, Director of the Barnstable Housing Authority, Colleen Condon of Mr. Butler's office and Alice Oberdorf, Architect with AKRO Associates. k. 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B FINDINGS OF FACT AS TO STANDING: At the July 19, 2000, hearing, the Board unanimously made the following findings of fact as related to the applicants standing on the request for a Comprehensive Permit in Accordance with MGL Chapter 40B. 1. The applicant is the Barnstable Housing Authority, a public agency created in 1948 in accordance with Housing Authority Law of the Commonwealth.of Massachusetts. It is a municipal authority having an address.of 146 South Street, Hyannis MA 02601. The agency objective is to provide subsidized public housing resources to low&moderate income households, elderly and handicapped. The agency is authorized to manage, develop, and provide safe affordable housing within the boundaries of the Town of Barnstable. 2. The applicant has submitted a copy of a record Quitclaim Deed for the locus, 93 Pleasant Street Hyannis, MA to the Barnstable Housing Authority, signature dated the 16th day of February 2000 and recorded in Book 12840, Page 147 on February 18, 2000 as proof of ownership and control of the property 3. A letter dated July 17,2000 to Tom Lynch, Barnstable Housing Authority from Massachusetts Housing Partnership Fund, documents the project as being fundable under the agency's Permanent Rental Financing Program and the Permanent PLUS Program. That letter states that the programs and agency qualify the project for consideration under MGL Chapter 40 B processing. Also, the Cape Cod Commission in its letter of May 9, 2000, states that the proposed project would be an eligible project for funding under the HOME Investment Partnership funds allocated to Barnstable County. The applicant has also identified that they will be using some Community Development Block Grant Funds. These fund's also qualify for eligibility under the comprehensive permitting process. Compass Bank has been identified as the lead local financing institution to be involved in the project. The Vote was as follows: AYE: Dick Boy, Gene Burman; Tom DeRiemer, Ralph Copeland and Vice Chairman Gail Nightingale NAY: None Based upon the positive findings of the Board as to standing, a motion was duly made and seconded to find that the applicant has standing to apply for an affordable housing Comprehensive Permit under the auspices of MGL Ch. 40B. The Vote was as follows Aye: Dick Boy, Gene Burman, Tom DeRiemer, Ralph Copeland and Vice Chairman Gail Nightingale Nay: None 4 pi V Town of Barnstable-Zoning Board of Appeals-Decision and Notice Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B FINDINGS OF FACT ON THE COMPREHENSIVE PERMIT: At the August 16, 2000 continued hearing on this comprehensive permit request, Mrs. Nightingale informed Attorney Patrick Butler that there were only four members of the Zoning Board prsent to continue the Hearing, and asked if the petitioner wished to proceed with the Hearing. Mr. Butler agreed to proceed with the Hearing. Mr. Butler introduced Tom Lynch, Director of the Barnstable Housing Authority, Alice Oberdorf, ARKO Associates and Laura Shufelt, Barnstable Housing Committee. Mr. Butler stated that the additional information that had been requested by the Zoning Board at the July 19, 2000, hearing had been submitted to the Board, in a letter dated August 10, 2000. He noted that the applicant had received approval of their plans from the Hyannis Main Street Waterfront District Committee, and a funding commitment letter had been received from Massachusetts Housing Partnership. Mr. Butler noted that the parking issues which had been raised at the July 19, 2000, hearing, had been addressed and he submitted examples of the type of parking stickers to be used at the facility. No overflow parking is anticipated. Mr. Butler and Ralph Crossen, Building Commissioner discussed the definitions of single room occupancy (sro)to ensure that Federal and State building code requirements are being fully meet..Ralph Crossen needs additional information regarding length of stay of-the occupants, to apply the correct building code. Based upon testimony submitted the Board unanimously made the following findings of fact. 1. The applicant for this comprehensive permit is the Barnstable Housing Authority, an agency of the town, which provides housing services to low and moderate income residents of the Town of Barnstable. The Barnstable Housing Authority has been operating low income subsidized housing since 1948. 2. The locus is addressed as 93 Pleasant Street, Hyannis and is located in the Residential B-1 Zoning District of the Town of Barnstable. 3. The lot consists of 0.32 acres, on the corner of Pleasant Street and South Street, improved with a two- story building with a partly-exposed.basement level. The structure contains 3,525 sq. ft. of living area. 4. The building was originally built in the 1840's and is located within both the local Hyannis Main Street Waterfront Historic District and the Pleasant-School Street National Register Historic District. The building was commonly known as"Aunt Sarah's Harbor View House". The structure, while originally built as a single- family dwelling, was over time, converted to multi-family use. Most recently, it was used for single room occupancy (SRO). 5. By letter dated December 14, 1995, the Building Commissioner determined that the subject locus contained a pre-existing non-conforming use of 13 lodging house rooms, housing an unspecified number of lodgers. Subsequently, the Barnstable Superior Court, relying on G.L. c. 40A, s. 7, found that no zoning enforcement could be undertaken against the use of the premises for 25 lodging house rooms, as long as that use continued. The subject property, for a number of years, has held a lodging house license for 34 lodgers. Prior owners of the premises have been cited by the Barnstable Board of Health for state sanitary code violations. 6. The applicant, the Barnstable Housing Authority, is seeking to remodel the interior of the building for 6 Single Room Occupancy Units with a shared kitchen and two bathrooms and 7 Studio/One Bedroom Apartment units. All of the 13,units are to be rented as affordable units to tenants with low and very low income levels. The total occupancy of all 13 units is to be limited to 15 persons. 7. The proposed use of the premises,consisting of 13 living units with a capacity of 15 persons, is a considerably less intense use of the premises than the prior use. The Housing Authority's proposal also offers improved living accommodations in a much safer environment. 8. The applicant is proposing that all 13 units would be set aside in perpetuity as units for low-income individuals, whose income may not exceed 60% of the area median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA). 5 I Town of Barnstable-Zoning Board of Appeals-Decision and Notice Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B 9. There is a need for affordable rental housing in the Town of Barnstable particularly for those individuals whose income is 60% or less of the area's median. As of 1997, the percentage of affordable housing stock within the town is 4.35%. This percentage is well below the 10%goal of MGL Chapter 40B, the Cape Cod Commission's Regional Policy Plan and the Town of Barnstable Local Comprehensive Plan. 10. Barnstable Housing Authority has over 1,400 active applications looking for housing. Of that total, 746 are seeking single rooms, studios or one-bedroom units. 11. The Barnstable Housing Authority, with over 50 years of service to the residents of the Town, has demonstrated its ability to develop and manage quality affordable housing. The Authority currently administers some 900 units of housing including family, elderly and special needs housing. 12. The Barnstable Housing Authority voluntarily presented its plan to Site Plan Review. The Site Plan Review Committee expressed no major concerns with the project. However, the Engineering Department raised a question as to whether the number of on-site parking complies with the requirements of the current zoning ordinance. 13. The Barnstable Housing Authority has requested a waiver of the parking requirements found under Section 4-2.9 of the Zoning Ordinance. The applicant states that due to the financial situation of the residents who will occupy the units, the eleven spaces currently provided on site will be sufficient. Additionally, the applicant stated that the Barnstable Housing Authority owns an adjacent parcel which would be available to handle any overflow parking needs. Such use is contemplated and allowed under Section 4- 2.10. 14. The Engineering Division of the Town requires all drainage from impervious surfaces be recharged on- site. Run-off will not be permitted to flood into the adjoining roadways or lots. 15. The Board of Health had no objections to the project, noting that the building is connected to town sewer and public water. The Board of Health stated, in its letter to the Board of Appeals, that the project would result in the improvement of the site. The Board of Health requested that the applicant comply with the Board of Health regulation regarding nuisance control, which requires that all dumpsters be screened from public view. 16. The applicant has offered one of the units to be designated for an on-site building manager who will be in charge of overseeing the building. 17. The Barnstable Housing Authority has a management and maintenance staff that is capable of managing and maintaining the building and grounds. 18. The projected amount of water usage and wastewater from the facility should not present a problem for the public works department. 19. The proposal was before the Hyannis Main Street/Waterfront Historic District Commission on August 2, 2000 and received a Certificate of Appropriateness from them. 20. The applicant stated that preference can be given to Town of Barnstable residents in need of housing. Potential tenants will be screened and background checked. A Tenant Handbook will be given to each renter providing needed information with respect to the tenant obligations. 21. In the past, the Zoning Board of Appeals, in granting comprehensive permits under Chapter 40B, has relied upon representations that the subsidizing agency involved would be responsible for monitoring the development's continued compliance with the requirements that the number of units specified in the comprehensive permit as affordable would, in fact, be dedicated to eligible low and moderate income individuals and families. The Board has recently discovered that contrary to the representations made, that in several instances there has been no monitoring performed by the subsidizing agency and that several of the subsidy programs are no longer extant. The members of the Board of Appeals are gravely concerned that the purposes of Chapter 40B will be seriously thwarted unless there is an effective, long-term monitoring component contained within each comprehensive permit it grants. The Board's goal in establishing such a monitoring mechanism is so that regardless of the fate of the subsidy program or subsidizing agency, the citizens of the Town of Barnstable will be assured that the units dedicated to income eligible individuals are so utilized. 22. In light of the threatened loss of affordable housing units within the Town of Barnstable and throughout the region (Barnstable County) due to"expiring uses", and in view of the Town's current deficit in affordable 6 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B housing units, it is consistent with local needs for the Town of Barnstable to ensure the long-term affordability . of units for persons of low-income. It is the specific finding of the Board that the applicant shall set aside 13 units in perpetuity for individuals whose income is 60% or less of the median income in the area of Barnstable-Yarmouth Metropolitan Statistical Area (MSA). 23. The project is deemed to be consistent with local needs and to adequately promote the objectives of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants of the proposed project and the residents of the Town of Barnstable only if the conditions of this comprehensive permit are strictly followed. DECISIONS: Based upon the findings a motion was duly made and seconded to grant the Comprehensive Permit in accordance with MGL Chapter 40B with the following conditions: The Vote was as follows: AYE: Dick Boy, Gene Burman, Ralph Copeland and Vice Chairman Gail Nightingale NAY: None 1. The development shall consist of 6 single-room occupancy (SRO) units and 7 studio/one-bedroom units. Total permanent occupancy of all 13 units shall be limited to 15 individuals. 2. The development shall be constructed in accordance with plans presented entitled "Multi-family Housing Renovation for Barnstable Housing Authority,93 Pleasant Street, Hyannis, MA" drawn by AKRO Associates Architects dated March 08, 2000 and consisting of 3 sheets- Existing Floor Plans, Proposed Floor Plans, and Site Plan &Proposed Elevations. 3. All construction shall comply with all applicable state building codes, state fire protection requirements and Board of Health regulations. 4. All units are to be affordable as rented units to individuals whose income is 60% or less of the-median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA). The tenant share for the units shall be based upon 30% of the individual's income. The rent shall not exceed limits set by the US Department of Housing and Urban Development"Maximum Allowable Rents", Barnstable-Yarmouth MSA. Notwithstanding the previous sentence, should the development receive"project-based" state or federal rental subsidies, which run with any or all of the units, then the Barnstable Housing Authority shall be permitted to charge whatever is permitted by said subsidy program, as long as no tenant pays more than 30% of his/her income for rent and utilities. 5. The thirteen units comprising the locus shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons of low income (herein defined as 60% or less of the median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and shall be deemed to be impressed with a public trust. A deed restriction, reflecting the above restriction, shall be prepared by the applicant, approved by the Town Attorney's office and recorded by the applicant against the property at the time of recording of this decision at the register of deeds. 6. The residential units within the development shall be rental units only. None of the units contained within this development shall be sold, converted into a condominium form of ownership, or in any way separated from the primary ownership of the Barnstable Housing Authority. 7. All leases shall have a minimum term of one year. 8. The site development shall comply with the following: The dumpster shall be located as per the requirements of the Board of Health - 10 feet from any property line, screened from view and on an asphalt surface. The parking lot shall be screened on the west side from the neighbors view by vegetation, as shown on the plan or by fencing. 9. To the extent legally permissible, the applicant or its assignees shall give preference to renting of the units to Town of Barnstable resident's in need of affordable housing. The Barnstable Housing Authority will refer to its existing waiting list of eligible persons. The Authority or its agent shall screen all applicants and background checks shall be conducted on all individuals prior to their residency in the building. 7 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B 10. Exterior improvements shall be completed in accordance with the certificate of appropriateness issued by the Hyannis Main Street Waterfront Historic District. 11. The comprehensive permit is contingent upon final approval by the Massachusetts Housing Partnership Fund and any other applicable state agencies as well. 12. The Barnstable Housing Authority will oversee the management of the facility and will designate an on- site manager for the facility from among the occupants. Standards and regulations established by the Barnstable Housing Authority will be imposed upon occupants of the rental units. 13. In consideration for the limited on-site parking being provided, the Barnstable Housing Authority shall implement a sticker-required policy for the tenants and their guests at this locus. On-site parking shall be by sticker only. The Barnstable Housing Authority shall provide 100% parking for residents in this building who need it, by reserving for tenants with cars a parking spaces either on-site or on an.adjacent site that Barnstable Housing Authority may own or lease. Two (2) on-site parking spaces shall be reserved for visitor parking and one(1)space dedicated as handicapped parking. Those spaces are to be identified by appropriate signage. 14. No exterior lighting shall be located higher than an elevation of 20 feet from the ground level. All exterior lighting shall be sheltered so as to shine solely on the property. No lighting of any type from the locus to be reflected on any adjoining property or public right of way. 15. The development is connected and shall remain connected to the Wastewater Treatment Facility of the Town of Barnstable. 16. The project is connected and shall remain connected to the public water supply. 17. Consistent with the town's regulations, all drainage from impervious surfaces shall be recharged on-site. Run-off shall not be permitted to flood into the adjoining areas or streets. 18. Every twelve months, the applicant shall review the income eligibility of those individuals occupying the units and no later than June 30th of each year shall file with the Zoning Board of Appeals or its designee, a yearly affidavit listing the rents charged for each unit and the income levels of the occupants of each of the identified units. The applicant shall provide the Zoning Board of Appeals or its designee any additional information it deems necessary to verify the information provided in the affidavit, including but not limited to, income verification and verification of rent and services charged. Upon consultation with the Town Attorney, a compliance officer, who is an employee or official of the Town of Barnstable, will be designated by the Board. The compliance officer, as the designee of the Zoning Board of Appeals, shall be responsible for reviewing all information submitted to the Board by the applicant and requesting any additional information that s/he deems necessary to assure that the applicant is in compliance with all the terms of this permit. Upon any report to this Board from this compliance officer that the terms and conditions of this permit are not being upheld, this Board shall have the ability to hold a hearing to show cause as to why this comprehensive permit shall not be revoked. 19. Because the Barnstable Housing Authority is the town agency charged with providing housing to the town's low income citizens as well as the entity with the responsibility and expertise for monitoring income eligibility for its many housing developments and scattered-site units throughout the Town, the yearly per unit monitoring fee normally charged by the Board for comprehensive permit developments is hereby waived. 20. This comprehensive permit shall not be transferable to a person or other entity other than the applicant, The Barnstable Housing Authority, without the prior written approval of this Board. 21. It is intended that this decision and the conditions contained herein are in addition to and independent of any requirements otherwise imposed by any other regulatory agency, including but not limited to Massachusetts Housing Partnership Fund, Permanent Rental Financing Program and the Permanent PLUS Program, and that the requirements contained herein shall have independent legal significance and effect. The Vote was as follows: Aye: Dick Boy, Gene Burman, Ralph Copeland and Vice Chairman Gail Nightingale Nay: None REQUEST FOR WAIVER OF FEES: 8 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B After discussion of the applicant's request to either waive or reduce the filing fee, a motion was duly made and seconded to waive the fee of$1,300 charged to the applicant for process of the appeal. The Vote was as follows: Aye: Dick Boy, Gene Burman, Ralph Copeland and Vice Chairman Gail Nightingale Nay: None ORDERED Comprehensive Permit 2000-61 has been Granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in three years. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. 8" Zy 00 t' Nighutinga' hairman Dad Signed tche d er, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the offce of the T n Clerk. Signed and sealed this_—day of under the pains and penalties of perjury. i Linda Hutchenrider, Town Clerk 9 300 ft Abutters List - Map 326 Parcel 29 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters. The requestor of this list is responsible for ensuring the correct notification of abutters. Owner and address data taken from November 1999 Assessor's database. Mappar Ownerl Owner2 Address City Stat Zip Country DUMMY RECORD FOR CONDO PARCEL 326027 BARNSTABLE HOUSING AUTHOR'Y 146 SOUTH ST HYANNIS MA 026 0 11 USA 326028 BUTTERWORTH,CAROL H PO BOX 192 NEWTONVILLE MA 02160 USA t 326029 IVOGEL,MICHAEL H TRS CAPE ANNE TRUST P O BOX 2248 HYANNIS MA 62601 USA f I326056 IBAXTER,HUDSON H 149 PLEASANT STREET HYANNIS MA 52—CO F USA , 32605700A NANTUCKET HOUSE ASSOCIATES 23 INSTITUTE RD WORCESTER MA 01609 USA ✓ 32605700B NANTUCKET HOUSE ASSOCIATES 23 INSTITUTE RD WORCESTER MA 01609 USA • 32605700C COUTOUPIDIS,STAVROS&ASPASIA %LANDER&LANDER PC 160 COCHITUATE RD FRAMINGHAM MA 01701 USA 32605700D GONCALVES,JOHN&LUCINDA 69 MILLVILLE STREET MENDON MA 01756 USA 32605700E MACLEOD,BURTON %GRIEVES,JAY M 125 PLEASANT ST#E HYANNIS MA 02601 USA 32605700E KUKOWSKI,JOHN&HELEN R 125 PLEASANT ST#F HYANNIS MA 02601 USA 32605700E MIRULLA,ALFRED& MIRULLA,BEATRICE I 7 AST SILVER WAVE HAMPTON NH 03842 USA MTR INN ✓ 32605700H ERBAY,SAMI H&NAZLI I 151 TREMONT ST,#270 BOSTON MA 02111 USA ✓ 326058 KERNER,MARCIA 9 CRAIG STREET MILTON MA 02186 USA 326059 CHRISTYS OF CAPE COD LLC CHRISTY MIHOS 105 PLEASANT ST HYANNIS MA 02601 USA 91 r326!06!1 SAWAYER,GARY M P O BOX 140 S DENNIS MA 02660�r; : ,BARNSTABLE,TOWN OF(MUN) 1367 MAIN STREET HYANNIS MA 02601 USA Wednesday,March 15,2000 Page 1 of Mappar Owner Owner2 Address City Stat Zip Country 326126 SKENDE, EVERLY F& SKENDE,VICTOR F 77 SOUTH ST HYANNIS MA 02601 USA mp 326127 BARNST LE,TOWN OF(MUN) 367 MAIN STREET HYANNIS MA 02601 USA 326128 NACHO ,INC %DROUIN,PAUL F 104 PLEASANT ST HYANNIS MA 62601 USA 326129 tT U tE AN,MICHAEL M TRS %KERNER,MARCIA 9 CRAIG ST MILTON MA 02186 USA , q,, 326130 WOODS HOLE MARTHAS VINEYARD NANTUCKET STEAMSHIP AUTHOTY BOX 248 WOODS HOLE MA 02543 USA 327118 BAXTER,WARREN T BAXTER,FLORENCE J C P O BOX 97 HYANNIS MA 02601 USA 327119 TRATT,ELLEN R TR THE TRATT REALTY TRUST TWO 391 HUCKINS NECK RD CENTERVILLE MA 02632 USA r ✓ 327120 BRACKETTI'A ,THOMAS A 19 CHAPPAQUIDDICK RD CENTERVILLE MA 02632 USA ✓ 327121 MCEVOY,ROSE A 56 PLEASANT ST HYANNIS MA 02601 USA 327128 ELLIOTT,JOHN H TR FUCHSIA REALTY TRUST 4551 GULF SHORE BLVD NAPLES FL 33940 USA N APT 180 327134 MCEVOY,MAURICE M MCEVOY,ROSE A 56 PLEASANT ST HYANNIS MA 02601 ARUICE M USA .: 327135 MCEVOY,M 56 PLEASANT ST HYANNIS MA 02601 USA 327136 BARNSTABLE HOUSING AUTHOR'Y 146 SOUTH ST HYANNIS MA 02601 USA 0 327137 MCEVOY,MAURICE M 56 PLEASANT ST HYANNIS MA 02601 USA 327138 MODA,RITA L 76 SOUTH ST HYANNIS MA 02601 USA r ✓ 327139 JOSEPH,JOHN E&JACQUELINE 72 SOUTH ST HYANNIS MA 02601 USA �327258 BOUCHARD,CELINA — —----+— --- -- --- - -- 183 SCHOOL ST HYANNIS MA 02601 USA I i 327268 MCEVOY,MAURICE M — 56 PLEASANT ST HYANNIS MA 02601 USA Wednesday,March 15,2000 Page 2 of 2 r 'O�OF� 76 �15�1� 4 ilP96f11 A . -u�Pc?5 H�irnrg ��toying Ortlitu�n>� � r �� * Al 1 titeresEedi i�F a t� jt WA r - ! �><he Aph-g Aas aeliysetts Cry Atlr$ cal l ' t on AL'I" rs Ma- �26 Parcel 02 ,and is ccimm n :addressed aS 93 a.... t,t lyann�s itiiA in an Rt31 Restdent�aF3 torong ri R�vt McShane 2 1 Shane Constnictu3n Co. li t t Appe So Va - '�� tion313t5)Rulkfiegu � `I k of dual se s urement Thg prop2rty �stl �o s ,, s api$ . Parcel money addressed es 140 Palfing Leaf line,Osternlle in an Re Residential Co PM Fergus. "peal Nunibor 200(} a qed a ing f rd. ec P it Ir�miy t t" 3)t f i g e l e T F I r fv� >if a E a ttai Qlv degas: Appeal IVumbeC 2 &3 1iomas I. and gonna M Vegas have applied Eo in@ Zomn Appeals for rianee t�,,$ecfion 31:1(5)Bulk Aagulations to permit an addition croech:into the setback r�quirements The propprtty is shown on Assdssor s Mep l t 04,and is commonly 'aidressed as 29�9 f51e�CraighQe Road Hyannis MA in ari t 8 Zing Distn i*te Public Hearings will be held in the Hearing.Room v� 1 367 f eel Hyannis Massachusetts an Wddnesdayi July 19 y be tewewed of the Zoning Board of Appeal'.$Office tggrn t O'South Solace Iiya-"phis.-MA " �� r7 S.Jenson, Chairina'n TO in Board©f Appi3ats L :,X' {; Barnstable Petnot �" e 29:8 July s:' } Town of Barnstable Zoning Board of Appeals Unfinished Business August 16, 30, September 13,27, 2000 Appeal Name Date Time Appeal 2000-61 B.arnastable Housing Authority Ch 40B Comprehensive Permit Continues to 08/16/00 @ 7:15PM Board Members assigned-Gail Nightingale,Dick Boy,Gene Burman,Ralph Copeland,Dan Creedon. Alternate Tom DeRiemer Appeal 2000-52 O'Neil Health Clinic 9�jd• Continued to 08/16/00 @ 8.45 PM Appeal 2000-53 O'Neil Health Clinic Continued to 08/16/00 @ 8:45 PM ✓Board Members assigned-Ron Jansson,Dick Boy,Tom DeRiemer,Gail Nightingale,Dan Creedon Appeal 2000-54 Soule Continued to 08/16/00 @ 9:00 PM Appeal 2000-55 Soule Continued to 08/16/00 @ 9:00 PM Appeal 2000-56 Soule Continued to 08/16/00 @ 9:00 PM Appeal 2000-57 Soule Continued to 08/16/00 @ 9:00 PM Board Members assigned-Ron Jansson,Gail Nightingale,Tom DeRiemer,Dick Boy and Dan Creedon Appeal 2000-60 Church Continued to 08/30/00 @ 7:15 PM Board Members to be assigned Appeal 2000-63 Vegas Continued to 08/30/00 @ 7:25PM Board Members assigned-Gail Nightingale,Dick Boy,Gene Burman,Ralph Copeland,Dan Creedon, Alternate Tom DeRiemer Appeal 2000-46 Boyle and Callahan Continued to 08/30/00 @ 7:30 PM Board Members assigned-Gene Burman,Richard Boy,Tom DeRiemer,and Chairman Ron Janson. Appeal 2000-59 Martin Continued to 08/30/00 @ 8:30 PM Board Members to be assigned Appeal 2000-43 Sailfish Partners Limited Partnership Continued to 09/13/00 @ 7:30 PM Appeal 2000-44 Sailfish Partners Limited Partnership Continued to 09/13/00 @ 7:30 PM Board Members assigned-Ron Jansson,Dick Boy,Tom DeRiemer,Ralph Copeland,Dan Creedon Appeal 2000-50 Burke Continued to 09/13/00 @ 7:45PM Board Members assigned-Gail Nightingale,Gene Burman,Richard Boy,Tom DeRiemer,and Ron S.Jansson Alternate assigned-Dan Creedon Appeal 2000-68 Christianson Continued to 09/13/00 @ 8:OOPM Board Members assigned-Tom DeRiemer,Gene Burman,Gail Nightingale,Dan Creedon,Ralph Copeland Appeal 2000-66 Estate of James Campbell(Festival Mall) Continued to 09/27/00 @ 7:30pm Board Members to be assigned ^s NUTTER, McCLENNEN & FISH, LLP ATTORNEYS AT LAW f �� ' 0 ^n� ` ROUTE 132-1513 IYANNOUGH ROAD d [UUIJ P.O.BOX 1630 HYANNIS,MASSACHUSETTS 02601-1630 TOWtd 0 B NSTABLE TELEPHONE:508 790-5400 FACSIMILE:508 771-8079 ZONING BOARD OF APPEALS— DIRECT DIAL NUMBER (508) 790-5407 E-MAIL ADDRESS pmb@nutter.com August 10, 2000 #101024-3 Hand Delivered Gail Nightingale, Acting Chairman Zoning Board of Appeals Town of Barnstable 230 South Street Hyannis, MA 02601 Re: Appeal 2000-61 - Barnstable Housing Authority - Comprehensive Permit Dear Madam Chair: This correspondence will serve to update the Board of Appeals with reference to the matters requested for followup by the Applicant. 1. Building Code Issues - We have reviewed the applicable provisions of the Massachusetts State Building Code 780 CMR 310.0 with reference to residential group use (copy enclosed). Based upon that review, we have confirmed that the proposed single room occupancy (SRO) units are allowed within code. The architects for the project, AKRO Associates, have confirmed that the proposed use group R2 includes both multiple dwellings and boarding houses. Accordingly, we believe the SROs may properly be occupied as proposed in accordance with code. 2. We are please to inform you that the Applicant appeared before the Hyannis Main Street Waterfront Historic District Committee and the Committee voted approval of the proposed alterations, without amendment or modification. A written decision is anticipated prior to next week's meeting. 3. We are also pleased to inform you that the Housing Authority has received its funding commitment letter from the Massachusetts Housing Partnership (MHP). That commitment has I NUTTER. McCLENNEN & FISH. LLP Gail Nightingale, Acting Chairman August 10, 2000 Page 2 been b e accepted by the Barnstable Housing Authority and the appropriate fees transmitted to MHP. A copy of that correspondence will be submitted at the time of the hearing next week. 4. Parking - The Applicant has prepared a revised plan depicting two additional parking spaces. I enclose a copy of same. The Housing Authority feels strongly that the additional two spaces will not be necessary based upon its experience in other facilities. The Housing Authority has reviewed the followup Staff Report and in particular, Condition No. 6 contained on Page 5 of the Staff Report. The Housing Authority is confident that it can appropriately operate the facility in accordance with the terms and provisions of that condition. Enclosed please find copies of sample stickers used for permanent parking and displayed on the windshield and temporary parking permit which is hung on the mirror of temporary vehicles or visitors. We appreciate, on behalf of the Applicant, your continuing consideration of our request for comprehensive permit and the foregoing followup materials. Very truly yours, ;atr;Jck M. Butler PMB/cam cc: Thomas Lynch, Executive Director Ruth Weil, Asst. Town Attorney 891290.1 BHA PARKING BHA TEMPORARY PARKING PERMIT i 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE from fixed equipment into the fuel tanks of motor One-family dwelling: A building containing one vehicles or approved containers, including any dwelling unit with not more than five lodgers or building used for the sale of automotive accessories, boarders. or for minor automotive repair work.Minor repairs Two-family dwelling:A building containing two include the exchange of parts, oil changes, engine dwelling units with not more than five lodgers or tune-ups and similar routine maintenance work. boarders per family. Retail sales of hazardous materials shall comply with 780 CMR 307.8 or 780 CMR 426, as 310.3 Use Group R-1 structures: This use group applicable. shall include all hotels,motels,boarding houses and similar buildings arranged for shelter and sleeping 780 CMR 310.0.RESIDE:NTIAL USE accommodations and in which the occupants are GROUPS primarily transient in nature,occupying the facilities 310.1 General: All structures in which individuals for a period of less than 30 days. live, or in which sleeping accommodations are provided (with or without dining facilities), 310.4 Use Group R-2 structures:This use group excluding those that are classified as institutional shall include all multiple dwellings having more than occupancies,shall be classified as Use Group R-1, two dwelling units, except as provided for in - R-2,R-3,R-4 or R-S.The term"Use Group R"shall 780 CMR 310.5 for multiple single dwelling units. _.. include Use Groups R-1,R-2 and R-3,R-4 and R-5. and shall also include all boarding houses and Note: Assisted living Residences which are similar buildings arranged for shelter and sleeping certified as such by the Executive Office of Elder accommodations in which the occupants are Affairs pursuant to M.G.L. c. 19D shall be primarily not transient in nature. classified in the residential use group R-1,R-2, 310.4.1 Dormitories:A dormitory facility which R-3 or R-4 as applicable. Portions of an assisted accommodates more than five persons more than Living Residence which are used for any use 2'/2 years of age shall be classified as Use Group other than residential shall be classified in R-2. accordance with the intended use. 3105 Use Group R-3 structures: This use group J10.2 Definitions:The following words and terms shall include all buildings arranged for occupancy as shall, for the purposes of 780 CMR 3 and as used one- or two-family dwelling units, including not elsewhere in 780 CMR,have the meanings shown more than four lodgers or boarders per family and herein. multiple single-family dwellings where each unit has an independent means of egress and is separated by Dwellings: a two-hour fire separation assembly(see 780 CMR Assisted living Residence:A residence licensed 709.0). by the Executive Office of ElderAffairs pursuant Exceptions to M.G.L.e. 19D. 1. In multiple single-family dwellings that are Boarding house:A building arranged or used for equipped throughout with an approved lodging for compensation,with or without meals, automatic sprinkler system installed in and not occupied as a single unit. accordance with 780 CMR 906.2.1 or Dormitory: A space in a building where group 906.2.2, the fireresistance rating of the sleeping accommodations are provided in one dwelling unit separation shall not be less than _ room,or in a series of closely associated rooms. one hour. Dwelling unit separation walls Dwelling unit:A single unit providing complete, shall be constructed as fire partitions (see independent living facilities for one or more 780 CMR 711.0). persons, including permanent provisions for 2. In multiple single-family dwellings that are living,sleeping,eating,cooking and sanitation. equipped throughout with an approved Hotel:Any building containing six or more guest automatic sprinkler system installed in rooms,intended or designed to be used,or which accordance with 780 CMR 906.2.3. a two- are used, rented or hired out to be occupied or hour fire separation assembly shall be which are occupied for sleeping purposes by provided between each pair of dwelling units. guests. The fireresistance rating between each Motel:A hotel as defined in 780 CMR. dwelling unit shall not be less than one hour Multiple dwelling:A building or portion thereof and shall be constructed as afire partition. containing more than two dwelling units and not 310.5.1Family day-care home: A family day- meeting the requirements for a multiple single care home as defined by M.G.L.c.28A,§.9,shall dwelling, be classified as use group R-3 or R-4. Such Multiple single dwelling: A building or portion facility shall not accommodate more than sir thereof containing more than two dwelling units children. (see 780 CMR 310.5) 58 780 CMR-Sixth Edition 11/27/98 Town of Barnstable-Planning Department-Staff Report .a Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B Town of Barnstable Planning Division Follow-up-Staff Report Barnstable Housing Authority -Appeal 2000-61 -Comprehensive Permit Date: August 8, 2000 To: Zoning Board of Appeals From: Approved By: ckie tsten, Principal Planner Art Traczyk, Principal Planner document-sr-0061c.doc Applicant: Barnstable Housing Authority Property Address: 93 Pleasant Street, Hyannis, MA Filed:June 07,2000 Hearing:July 19,2000,Continued August 16,2000 Decision Due:40 days from close The following is a list of possible findings of fact and conditions that the Board may wish to consider as related to the Appeal No. 2000-61 for the Barnstable Housing Authority Comprehensive Permit. Possible Findings on the Comprehensive Permit 1. The applicant for this comprehensive permit is the Barnstable Housing Authority, an agency of the town,which provides housing services to low and moderate income residents of the Town of Barnstable. The Barnstable Housing Authority has been operating low income subsidized housing since 1948. 2. The locus is addressed as 93 Pleasant Street, Hyannis and is located in the Residential B-1 Zoning District of the Town of Barnstable. 3. The lot consists of 0.32 acres, on the corner of Pleasant and South Streets, improved with a two-story building with a partly-exposed basement level. The structure contains 3,525 sq.ft. of living area. 4. The building was originally built in the 1840's and is located within both the local Hyannis Main Street Waterfront Historic District and the Pleasant-School Street National Register.Historic District. The building was commonly known as"Aunt Sarah's Harbor View House". The structure, while originally built as a single-family dwelling,was over time, converted to multi-family use. Most recently, it was used for single room occupancy (SRO). 1 Town of Barnstable-Planning Department-Staff Report Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B 5. By letter dated December 14, 1995, the Building Commissioner determined that the subject locus contained a pre-existing nonconforming use of 13 lodging house rooms, housing an unspecified number of lodgers. Subsequently, the Barnstable Superior Court, relying on G.L. c. 40A, s. 7, found that no zoning enforcement could be undertaken against the,use of the premises for 25 lodging house rooms, as long as that use continued. The subject property, for a number of years, has held a lodging house license for 34 lodgers. Prior owners of the premises have been cited by the Barnstable Board of Health for state sanitary code violations. 6. The applicant, the Barnstable Housing Authority, is seeking to remodel the interior of the building for 6 Single Room Occupancy Units with a shared kitchen and bathrooms and 7 Studio/One Bedroom Apartment units. All of the 13 units are to be rented as affordable units to tenants with low and very low income levels. The total occupancy of all 13 units is to be limited to 15 persons. 7. The proposed use of the premises, consisting of 13 living units with a capacity of 15 persons, is a considerably less intense use of the premises than the prior use. The Housing Authority's proposal also offers improved living accommodations in a much safer environment. 8. The applicant is proposing that all 13 units would be set aside in perpetuity as units for low-income individuals,whose income may not exceed 60% of the area median income of Barnstable-Yarmouth Metropolitan Statistical Area(MSA). 9. There is a need for affordable rental housing in the Town of Barnstable particularly for those individuals whose income is 60%or less of the area's median. As of 1997, the percentage of affordable housing stock within the town is 4.35%. This percentage is well below the 10%goal of MGL Chapter 40B, the Cape Cod Commission's Regional Policy Plan and the Town of Barnstable Local Comprehensive Plan. 10. Barnstable Housing Authority has over 1,400 active applications looking for housing. Of that total, 746 are seeking single rooms, studios or one-bedroom units. 11. The Barnstable Housing Authority,with over 50 years of service to the residents of the Town, has demonstrated its ability to develop and manage quality affordable housing. The Authority currently administers some 900 units of housing including family, elderly and special needs housing. 12. The Barnstable Housing Authority voluntarily presented its plan to Site Plan Review. The Site Plan Review Committee expressed no major concerns with the project. However, the Engineering Department 2 i Town of Barnstable-Planning Department-Staff Report Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B raised a question as to whether the number of on-site parking complies with the requirements of the current zoning ordinance. 13. The Barnstable Housing Authority has requested a waiver of the parking requirements found under Section 4-2.9 of the zoning ordinance. The applicant states that due to the financial situation of the residents who will occupy the units,the eleven spaces currently provided on site will be sufficient. Additionally, the applicant stated that the Barnstable Housing Authority owns an adjacent parcel which would be available to handle any overflow parking needs. Such use is contemplated and allowed under Section 4-2.10. 15. The Engineering Division of the Town requires all drainage from impervious surfaces be recharged on-site. Run-off will not be permitted to flood into the adjoining roadways or lots. 16. The Board of Health had no objections to the project, noting that the building is connected to town sewer and public water. The Board of Health stated, in its letter to the Board of Appeals, that the project would result in the improvement of the site. The Board of Health requested that the applicant comply with the Board of Health regulation concerning nuisance control, which requires that all dumpsters be screened from public view. 17. The applicant has offered one of the units to be designated for an on-site building manager who will be in charge of overseeing the building. 18. The Barnstable Housing Authority has a management and maintenance staff that is capable of managing and maintaining the building and grounds. 19. The projected amount of water usage and wastewater from the facility should not present a problem for the public works department. 20. The proposal was before the Hyannis Main Street/Waterfront Historic District Commission on August 2, 2000 and received a Certificate of Appropriateness from them. 21. The applicant stated that preference can be given to Town of Barnstable residents in need of housing. Potential tenants will be screened and background checked. A Tenant Handbook will be given to each renter providing needed information with respect to the tenant obligations. 3 i i Town of Barnstable-Planning Department-Staff Report • Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B I 22. In the past, the Zoning Board of Appeals, in granting comprehensive permits under Chapter 40B, has j . I relied upon representations that the subsidizing agency involved would be responsible for monitoring the development's continued compliance with the requirements that the number of units specified in the comprehensive permit as affordable would, in fact, be dedicated to eligible low and moderate income individuals and families. The Board has recently discovered that contrary to the representations made, that in several instances there has been no monitoring performed by the subsidizing agency and that several of the subsidy programs are no longer extant. The members of the Board of Appeals are gravely concerned that the purposes of Chapter 40B will be seriously thwarted unless there is an effective, long- term monitoring component contained within each comprehensive permit it grants. The Board's goal in establishing such a monitoring mechanism is so that regardless of the fate of the subsidy program or subsidizing agency, the citizens of the Town of Barnstable will be assured that the units dedicated to income eligible individuals are so utilized. 23. In light of the threatened loss of affordable housing units within the Town of Barnstable and throughout the region (Barnstable County)due to"expiring uses", and in view of the Town's current deficit in affordable housing units, it is consistent with local needs for the Town of Barnstable to ensure the long- term affordability of units for persons of low-income. It is the specific finding of the Board that the applicant shall set aside 13 units in perpetuity for individuals whose income is 60% or less of the median income in the area of Barnstable-Yarmouth Metropolitan Statistical Area (MSA). 24. The project is deemed to be consistent with local needs and to adequately promote the objectives of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants of the proposed project and the residents of the Town of Barnstable only if the conditions of this comprehensive permit are strictly followed. Suggested Conditions: 1. The development shall consist of 6 single-room occupancy (SRO) units and 7 studio/one-bedroom units. Total permanent occupancy of all 13 units shall be limited to 15 individuals. 2. The development shall be constructed in accordance with plans presented entitled"Multi-family Housing Renovation for Barnstable Housing Authority, 93 Pleasant Street, Hyannis, MA"drawn by Akro Associates Architects dated March 08, 2000 and consisting of 3 sheets- Existing Floor Plans, Proposed Floor Plans, and Site Plan& Proposed Elevations. 3. All construction shall comply with all applicable state building codes, state fire protection requirements and Board of Health regulations. 4 Town of Barnstable-Planning Department-Staff Report Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B I 4. All units are to be affordable as rented units to individuals whose income is 60% or less of the median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA). The tenant share for the units shall be based upon 30% of the individual's income. The rent shall not exceed limits set by the US Department of Housing and Urban Development"Maximum Allowable Rents", Barnstable-Yarmouth MSA. Notwithstanding the previous sentence, should the development receive"project-based"state or federal rental subsidies, which run with any or all of the units, then the BHA shall be permitted to charge whatever is permitted by said subsidy program, as long as no tenant pays more than 30%of his/her income for rent and utilities. 5. The thirteen units comprising the locus shall beset aside in perpetuity for the public purpose of providing safe and decent housing to persons of low income(herein defined as 60% or less of the median income of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and shall be deemed to be impressed with a public trust. A deed rider, reflecting the above restriction, shall be prepared by the applicant, approved by the Town Attorney's office and recorded by the applicant against the property at the time of recording of this decision at the register of deeds. 6. The residential units within the development shall be rental units only. None of the units contained within this development shall be sold, converted into a condominium form of ownership, or in any way .separated from the primary ownership of the developer or its assignees. 7. All leases shall have a minimum term of one year. 8. The site development shall comply with the following: a. The dumpster shall be located as per the requirements of the Board of Health - 10 feet from any property line, screened from view and on an asphalt surface. b. The parking lot shall be screened on the west side from the neighbors view be vegetation, as shown on the plan or by fencing. 9. To the extent legally permissible, the applicant or its assignees shall give preference to renting of the units to Town of Barnstable resident' in need of affordable housing. The Barnstable Housing Authority will refer to its existing waiting list of eligible persons. The Authority or its agent shall screen all applicants and background checks shall be conducted on all individuals prior to there residency in the building. 10. Exterior improvements shall be completed in accordance with the certificate of appropriateness issued by the Hyannis Main Street Waterfront Historic District. 5 i Town of Barnstable-Planning.Department-Staff Report Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B 11. The comprehensive permit is contingent upon final approval by the Massachusetts Housing Partnership Fund and any other applicable state agencies as well. 12. The Barnstable Housing Authority will oversee the management of the facility and will designate an on-site manager for the facility from among the occupants. Standards and regulations established by the Barnstable Housing Authority will be imposed upon occupants of the rental units. 13. In consideration for the limited on-site parking being provided, the Barnstable Housing Authority shall implement a sticker-required policy for the tenants and their guests at this locus. On-site parking shall be by sticker only. The Barnstable Housing Authority shall provide 100%parking for residence in this building who need it, by reserving for tenants with cars a parking spaces either on-site or on an adjacent site that Barnstable Housing Authority may own or lease. Two (2)on-site parking spaces shall be reserved for visitor parking and one(1)space dedicated as handicapped parking. Those spaces are to be identified by appropriate signage. 14. No exterior lighting shall be located higher than an elevation of 20 feet from the ground level. All exterior lighting shall be sheltered so as to shine solely on the property. No lighting of any type from the locus to be reflected on any adjoining property or public right of way. 15. The development is connected and shall remain connected to the Wastewater Treatment Facility of the Town of Barnstable. 16. The project is connected and shall remain connected to the public water supply. 17. Consistent with the town's regulations, all drainage from impervious surfaces shall be recharged on- site. Run-off shall not be permitted to flood into the adjoining areas or streets. 18. Every twelvemonths, the applicant shall review the income eligibility of those individuals occupying the units and no later than June 30th of each year shall file with the Zoning Board of Appeals or its designee, a yearly affidavit listing the rents charged for each unit and the income levels of the occupants of each of the identified units. The applicant shall provide the Zoning Board of Appeals or its designee any additional information it deems necessary to verify the information provided in the affidavit, including but not limited to, income verification and verification of rent and services charged. Upon consultation with the Town Attorney, a compliance officer,who is an employee or official of the Town of Barnstable,will be designated by the Board. The compliance officer,as the designee of the Zoning Board of Appeals, 6 i Town of Barnstable-Planning Department-Staff Report Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B shall be responsible for reviewing all information submitted to the Board by the applicant and requesting any additional information that s/he deems necessary to assure that the applicant is in compliance with all the terms of this permit. Upon any report to this Board from this compliance officer that the terms and conditions of this permit are not being upheld, this Board shall have the ability to hold a hearing to show cause as to why this comprehensive permit shall not be revoked. 19. Because the Barnstable Housing Authority is the town agency charged with providing housing to the town's low income citizens as well as the entity with the responsibility and expertise for monitoring income eligibility for its many housing developments and scattered-site units throughout the Town, the yearly per unit monitoring fee normally charged by the Board for comprehensive permit developments is hereby waived. 20. This comprehensive permit shall not be transferable to a person or other entity other than the applicant, Barnstable Housing Authority, without the prior written approval of this Board. 21. It is intended that this decision and the conditions contained herein are in addition to and independent of any requirements otherwise imposed by any other regulatory agency, including but not limited to Massachusetts Housing Partnership Fund, Permanent Rental Financing Program and the Permanent PLUS Program, and that the requirements contained herein shall have independent legal significance and effect. 7 I `ti � R Town of Barnstable Planning,Department Staff Report Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL, Chapter 40B Date: July 11, 2000 To: Zoning Board of Appeals From: EK Approved By: Jac ie Etsten, Principal Planner Art Traczyk, Principal.Planner Applicant:` Barnstable Housing Authority Property-Address: 93 Pleasant Street, Hyannis,MA Assessor's Map/Parcel: Map 326, Parcel 029 Area: 0.32 acres Zoning: RB-1 Residential B-1 Zoning District Groundwater Overlay: AP- Aquifer Protection District Filed:June 07,2000 Hearing:July 19,2000 Decision Due:40 days from close of public hearing Background: The property that is the subject of this Chapter 40B-Comprehensive Permit-is a 0.32 acre lot on the corner of Pleasant and South Streets in Hyannis. It is presently improved with a two-story apartment building with a partly exposed basement level. According to the assessor's field card the structure contains a total of 25 rooms, plus 7 are full bathrooms. The land use code is that of a rooming house. The structure contains 3,525 sq.ft. of living area. The building was originally built in the 1840's and is located within both the local Hyannis Main Street Waterfront Historic District and national, Pleasant-School Street National Register Historic District. The building was commonly known as "Aunt Sarah's Harbor View House". Originally it was a single family dwelling then used as a bed and breakfast home, then to lodgers and more recently it was used for single room occupancy(SRO) The Barnstable Housing Authority is proposing to remodel the interior of the building for; • 6 Single Room Occupancy Units with a shared Kitchen and bathrooms • 5 Studio Apartments, and • 2 One-bedroom Apartments. All of the 13 units are to be rented as affordable units to tenants with low and very low income levels. The total occupancy of all 13 units is to be limited to 15 persons. List of Materials Submitted: 1. Application for Comprehensive Permit, Town of Barnstable Clerk Office date stamped June 07, 2000, including the following attachments: a) April 13, 2000,Assessing Division certification of Abutters List, inclusive of a copy of the list of Abutters, the GIS area map with 300 foot abutter notification ring b) Letter from Compass Bank,to.Thomas Lynch, Executive Director Barnstable Housing Authority, approving a $185000 Loan for the purchase of the building, inclusive of terms and conditions of the loan and a copy of a $925.00 check for the Commitment Fee. The t Town of Barnstable-Planning Department-Staff Report Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B agreement letter is signed by Thomas K. Lynch, Executive Director, and dated 4th day of February, 2000. c) Copy of"Extract from Minutes of a Special Meeting" of the Barnstable Housing Authority for November 29, 1999, authorizing the Executive Director and Chairman to enter into a P&S Agreement for 93 Pleasant Street. d) A copy of a signed P&S Agreement between Richard A. Arenstrup, Trustee of Cape Anne Trust and the Barnstable Housing Authority. The agreement was signed 21 day of January 72000. by Richard A. Arenstrup and Arthur F. Kimber, Barnstable Housing Authority Chairman. Included is Exhibit'A' listing of tenants and rent amounts. e) Copy of the by-laws of the Barnstable Housing Authority as adopted on October 13, 1948. f) Copy of a May 09, 2000 letter from Cape Cod Commission to Thomas K. Lynch, Executive Director, citing that the"project would be considered an eligible activity under the HOME [Investment Partnership fund] program." g) Copy of the HOME Investment Partnership application, Section 3 -Sources and Uses of Funds, Section 4-Operating Pro-forma, Project Summary Information, Rent Profile Analysis, 21-Year Operating Proforma for years 1 to 10. h) Copy of reduced plans titled"Multi-family Housing Renovation for Barnstable Housing Authority 93 Pleasant Street, Hyannis, MA" consisting of 3 sheets-Existing Floor Plans, Proposed Floor Plans, and Site Plan & Proposed Elevations. 2. Application transmittal letters from Patrick M. Butler to Ron S. Jansson, Chairman ZBA, dated May 30, 2000 and a letter from Barnstable Housing Authority, Thomas K. Lynch to Ron S. Jansson, dated May 24, 2000. 3. Copy of Town of Barnstable Assessors Card -print dated 07/07/2000.. 4. Copy of Massachusetts Historic Commission Survey Report. 5. Agreement to Extend time limits for Holding a Public Hearing on the Comprehensive Permit signed by Patrick Butler, Town Clerk stamp date June 08, 2000. 6. Copy of Zoning Board of Appeals letter, dated June 12, 2000 to various agencies requesting review and comments on the project. 7. A June 23, 2000 letter to Ron S. Jansson, Chairman ZBA form Patricia G. Fiero, Barnstable Housing Committee, endorsing the proposal. The letter notes that the project will serve people earning 50 to 60% below the median income level. 8. A June 23, 2000 note to the file citing a phone call from the Conservation Agent, Rob Gatewood that stated "no conservation jurisdiction over this project." 9. Copy of a record Quitclaim Deed for the Locus, 93 Pleasant Street Hyannis, MA to the Barnstable. Housing Authority, signature dated the 16th day of February 2000 and recorded in Book 12840, Page 147 on February 18, 2000. 10. A June 30, 2000 certification of abutter list signed by Janice P. Semprini, Office Manager, Assessing Division. 11. Copy of Legal Notice for the Public Hearing of July 19, 2000(Proof of Publication). 12. A July 10, 2000 letter to Ron S. Jansson, Chairman, Zoning Board of Appeals from Thomas J. Mullen, Director, Department of Public Works, noting a concern for on-site parking. 13. A July 10, 2000 letter to the Zoning Board of Appeals from Carol H. Kckinnon, owner of 132 South Street, Hyannis, MA objecting to the permit based upon the density of the units. 14. MHP Fund-2000 Maximum Allowable Rents for Affordable Housing Units and 2000 Income Limits for Affordable Units. 15. Copy of a July 11, 2000 letter,to Tom Lynch, Barnstable Housing,Authorib from Massachusetts Housing Partnership Fund, signed by Wendy Collen inclusive of attachments stating that the project is fundable under the MHP Fund's Permanent Rental Financing Program and the Permanent PLUS Program. It further states that these funding sources and the agency quality for consideration under MGL Chapter 40B, Comprehensive Permits processing. 16. Copy of do,applicant for to Hyannis Main Street Waterfront Historic District Commission for a Certificate of Appropriateness for the proposed project, received date stamped July 12, 2000 2 f i Town of Barnstable-Planning Department-Staff Report Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B Staff Comments and Review: Review of Chapter 40B Standing: The first order of business for the Board should be a review of the application for Jurisdictional Requirements-Standing-eligibility of applicant to apply for a Comprehensive Permit under MGL Ch. 40B. This proof is a three prong requirement that staff has reviewed and provide the following analysis for the Board: 1. The applicant shall be a public agency, non-profit organization or a limited dividend organization. The applicant is the Barnstable Housing Authority, a public agency created in 1948 in accordance with Housing Authority Law of the Commonwealth of Massachusetts. It is a municipal authority having an address of 146 South Street, Hyannis MA 02601. The agency objective is to provide subsidized public housing resources to low&moderate income households, elderly and handicapped. The agency is authorized to manage,develop, and provide safe affordable housing within the boundaries of the Town of Barnstable. 2. The project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program. A letter dated July 11,2000 to Tom Lynch, Barnstable Housing Authority from Massachusetts Housing Partnership Fund, documents the project as being fundable under the agency's Permanent Rental Financing Program and the Permanent PLUS Program. That letter states that the programs and agency qualify the project for consideration under MGL Chapter 40 B processing. Also, the Cape Cod Commission in its letter of May 9,2000, states that the proposed project would be an eligible project for funding under the HOME Investment Partnership funds allocated to Barnstable County. The applicant has also identified that they will be using some Community Development Block Grant Funds. These fund's also qualify for eligible under the comprehensive permitting process. Compass Bank has been identified as the lead local financing institution to be involved in the project 3. The applicant shall control the site. The applicant has submitted a copy of a record Quitclaim Deed for the locus, 93 Pleasant Street Hyannis, MA to the Barnstable Housing Authority, signature dated the 16th day of February 2000 and recorded in Book 12840, Page 147 on February 18, 2000 as proof of ownership and control of the property Relief Requested: From information submitted, it appears that the grant of this Comprehensive Permit would relief the applicant from the requirements of zoning as related to; • Section 3-1.2 Principal Permitted Uses-to permit Multi-Family Dwellings (Apartments) • Section 4-2.9 Schedule of Off-Street Parking Requirements to allow 11 off-street parking spaces when 19 would be required (10.5 spaces for the apartment units plus 1 visitor and 7.2 for the lodging units). • Section 4-2.6 Landscape Requirements for Parkin Lots-Single Family Zoning District with parking 9 9 Y 9 P 9 for more than 5 cars require a 50 foot Front Yard Landscape Buffer. 3 • , I C ? Town of Barnstable-Planning Department-Staff Report Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B The applicant is also requesting that the Board wave the application fees of$13,000. Staff is holding the check and fully support this request. Need: The Barnstable Housing Committee letter of June 23, 2000 cited the need for affordable housing in Barnstable. According to that letter there is a waiting list of over 1700 families and individuals. In addition, a letter from Thomas K. Lynch, Executive Director, Barnstable Housing Authority, dated February 28, 2000, submitted with reference to comprehensive permit request in Appeal 2000-23, states that there is a waiting list with 360 persons looking for single units (one bedrooms/studios). Local Comprehensive Plan: The Local Comprehensive Plan and the Planning Division of the Town supports affordable housing. The complement of SRO and apartment units satisfies an urgent need within the town. Furthermore, the need to restore this property and the reuse of an existing historic resource is supported by the Comprehensive Plan. Strategy 5.2.3.4 of the Comprehensive Plan, Affordable Housing states: "Grant density bonuses upon site analysis for developments that provide all units as affordable for the vulnerable segments of the community: the elderly, very low income (50% of the county median income), single-family heads of households, racial minorities, homeless, disabled and others with special needs." Policy 5.5.6 of the Comprehensive Plan recognizes the need for SRO units. That policy promotes"the adaptive re-use of existing structures to meet the resident's needs through innovative options, such as SRO, Congregate and/or Special Needs housing." Current Affordable Units: The Town of Barnstable has a total of 807 affordable housing units as of 1997, which represent 4.35% affordable housing stock within the Town. The goal of MGL Chapter 40B, the Local Comprehensive Plan and the Regional Policy Plan is to provide 10% of the housing stock as affordable housing units. This project proposes to be 100%-(13 units)-affordable. This being a municipal agency, there is no need for deed restriction or riders to assure affordability in perpetuity. To meet the requirements of affordability for low income persons, the cost of housing rent and utilities) i q ty p g ( n t s) s not to exceed 30%of 60%of the median income. The 60% annual median income for an individual in the Barnstable-Yarmouth Metropolitan Statistical Area (MSA) is$21,660 and for two persons it is$24,7801. Accordingly, the Maximum Allowable Rents for the affordable units can not exceed $406 for the SRO units, $541 for the studio units and $580 for the one-bedroom units, for,a single person. Redevelopment& Land Use: The applicant is proposing the reuse and rehabilitation of an existing two story building formerly"Aunt Sarah's Harbor View House". The building was licensed for occupancy of up to 26 persons. The proposed reuse is much less intense. The exposed basement level of the building is to be rehabilitated into a 6 SRO use including a Kitchen and 2 full bathrooms. The bedrooms measure approximately 1 V-6" by 10'-9"or 7'-1". Also located within the basement level is a laundry room, mechanical and electric rooms and a vestibule area and stairway. The proposed first floor is to contain 1 one-bedroom apartment and 3 studio-apartments. The second .floor is to have 1 one-bedroom apartment,.2'studio-apartments and an attic storage space. Two entrances and stair wells exist on all floors. No expansion of the structures foot print or total gross square footage is being proposed. 1 Source-MHP Fund-2000 Income Limits for Affordable Units 4 t . S Town of Barnstable-Planning Department-Staff Report Barnstable Housing Authority-Appeal Number 2000-61 Comprehensive Permit-MGL,Chapter 40B The SRO average 144 sq.ft. each, the Studios$300 sq.ft. each and the one-bedroom units average 380 sq.ft. The site plan shows parking for 11 vehicles, 1 being for handicapped parking. Access to the parking lots is from South Street. The parking layout is very much similar to what presently exists on-site. The building is presently vacant and there will be no displacement of individuals. One person was residing in the structure and has been moved to temporary Barnstable Housing Authority housing When this project is complete she will be moved back into the building. Apparently all expenses for this move have been absorbed by the Barnstable Housing Authority. From a land use perspective the site and proposal offers many positive qualities. • The building is connected to public sewers and water and therefore will not have an impact on groundwater nor the waters of the Harbor. • The site being located in downtown Hyannis and close to the waterfront offers close proximity to public facilities, transportation and potential jobs. • Muilt-family use is prevalent in the area and this conversion from lodging to apartments would encourage more permanent residents within the neighborhood. • It is anticipated that few of the tenant would have vehicles and that parking and traffic should not be an issue nor represent as intensification. • The preservation and restoration of this historic building would be a desirable activity for the Historic District. Site Plan Review: The applicant did a courtesy review with the Site Plan Review Committee on July 13, 2000. The committee appreciated the review opportunities and no major problems or defects in the plan were seen. The Committee was overall supportive of the proposal, viewing the reuse as less intensive then what has been occurring on the property and welcomes the proposed improvements. The suggestions of the committee have been incorporated in to the Suggested Conditions part of this report. Proforma Review: The property was acquired by the Barnstable Housing Authority for$185,000. According to the pro-forma information presented, a total of$490,045 will be spent on improvements to the building and site. It is anticipated that: $370.045 will be from the Massachusetts Housing Partnership-Perm Plus Program, $ 70,000 will be funded from HOME Investment Partnership funds of Barnstable County, and $ 50,000 from Barnstable County Rental. After improvements the total investment into the property would be$704,6452. The projected rents from the units are: 2 one-bedroom apartments($663 and$551) $ 1,214 5 studio-apartments 4 @$514 and 1 @ 428 $2,484 6 SRO @$386 $2,316 Gross Monthly Income $ 6,014 Gross Annual Income $72,168 Estimated annual operating expenses is$50,064 and debt service is$17,287. According to the Operating Proforma, the project will not see a profit until Year 6. The first 5 year shortfalls are slight ranging from $1,373 to$318. 2 Note-The mortgage is anticipated to be$174,500 5 Town of Barnstable-Planning Department-Staff Report Barnstable Housing Authority-Appeal Number 2000-61 ' Comprehensive Permit-MGL,Chapter 40B Preliminary Suggestions of Possible Conditions: The following is a draft of possible conditions to be included within the Comprehensive Permit if the Board should find to grant the permit: 1. The development is limited to no more than 6 SRO units, 5 studio units and 2 one-bedroom units. 2. Total permanent occupancy of all 13 units shall be limited to 15 individuals. 3. The development shall be constructed as per plans submitted to the file titled "Multi-family Housing Renovation for Barnstable Housing Authority,93 Pleasant Street, Hyannis, MA"drawn by Akro Associates Architects dated March 08, 2000 and consisting of 3 sheets-Existing Floor Plans, Proposed Floor Plans, and Site Plan & Proposed Elevations. All construction shall comply with all applicable building codes and applicable Fire Department requirements. 4. The site development shall comply with the following: • The dumpster shall be located as per the requirements of the Board of Health - 10 feet from any property line, screened from view and on an asphalt surface. • The parking lot shall be screened on the west side from the neighbors view be vegetation, as shown on the plan or by fencing. • On-site parking shall be assigned to each of the tenants as needed. • Should additional parking be needed, the applicant shall improve the adjacent property it owns for that additional,parking for these units. 5. Exterior improvements to the Building and site shall be reviewed by the Hyannis Main Street Waterfront Historic District Commission to assure that the structure retains its historic integrity. 6. All exterior improvements shall be in accordance with the Secretary of the interior's Standards for Rehabilitation and the accompanying Guidelines for Rehabilitating Historic Buildings as well as the local Hyannis Main Street Waterfront Historic District Guidelines. 7. All units are to be rented to individuals who's income is under 60%of median income of Barnstable- Yarmouth Metropolitan Statistical Area (MSA). 8. Rent for the units shall be based upon 30%of the individuals income but shall not exceed limits set by the US Department of Housing and Urban Development"Maximum Allowable Rents", Barnstable- Yarmouth MSA. 6 - imp.Perm.Application No. Date Rec'd. He 3 7 w O TOWN OF BARNSTABLE B,' '. �.,.. Zoning Board Of A BARPISTr16tE S. PPeals _ Z0�liNG WARD OF qpp ; �cs Torn Hall. Hyannis, MA_ 0260 i 2 t 7 � ._ _p tt - vEztv , ALICATION for COMPREHENSIVE PERMIT 0�' v ,, �gcp c (Made pursuant to M.G.L. Ch.408. Secs. 20-23. and 760 C.M.R. 30.00 & 31.00) Are'" Not w ase submit fifteen (15) copies of pages 1 and 2 of this completed application all accompanyingPP �ptton forTn a plans and documents listed in Item 19.. together with a check Barnstable : [Only one (1) co Payable to To PY needs to be filed of documents referred to in Item IoadD A., IO-A_. 14-A. and 21-A.] Use supplemental pages if necessaryto information called for by any item in this Provide complete name of development (Item 3_) on each such age. if an item is not appling name or cable. please entecant - (item r.I PLEASE TYPE OR PRINT NEATLY ALL ENTRIES- 1 -Applieant(name)...•-BARNSTABLE HOUSING_ AUTHORITY 146 South Street H.. .. ' '(address & tel.). , yannis, MA 026.01 (.50.8)_771-7222 '...""""""' ................................................................. 2_ Status of applicant: (check one): Public Agency X : Non-Profit Or 2-A.Attach documentary evidence of status. g : Ltd.- Dividend Org. 3_ Name of proposed development....Aunt Sarah''s Harbor View-House 4. Type of development (check one): New construction ; Rehabilitation of existing structure(s) 5_ Applicant's attorney:(name)..,Patrick Butler, Esq , Z Nutter, McClennen & Fish. LLP 5.400...........:........ (address 8. tel.)........1�13 IvanouQh Road Hyannis ti1A 0.2601 .."""""""' _........�.............................�... ...........�50.8)790-540.0 6_ Applicant's architect name)..Alice Oberdorf, .t1i`RO Associates ........... (address & tel.)...310 Barnstable Road, H annis PLC 02601 508 778-6060 ���•�����- Y_ ........�......................t......� ......................................... 7_ Applicant's engineer:(name).........NA 8_ Location of site by village and street(s)_...Hyannis. 93 Pleasant Street ......................Di...:.........:............................................... Hyannis Fire & i ct 9_ Hire district and water supplier:..... Water.y.......... ....................................... 10. Area of site in acres/sq_fL:..., 15,928 sq. ' MAP 326 PCL 29 1 1_ Assessors map & parcel nos_ for site:11 ......... ........................................... A.Attach coey of assessors map(s) showing parcel(s) comprising site. 12- Zoning District(s) of site ..........�RB-1 ........................................ 13. Is elimination of any existing streets) proposed? ..NA. If so, give name(s)_.....NA.......:......... 14. Applicant's interest in site: (check one): Owner X ; Option to purchase ; Contract to purchase. 14-A_Attach documentary evidence of interest in site. 15. Total number & type of housing units (&-bedrooms) proposed:.... Sincrle Room Occupancv(.SRO) Units with shared kitchen & bathroom.g- „•.-,• ._ .......- 5 - Studio Apartments. ......................................................... 2 - One Bedroom Units ............................................................•-•-........................... ..............................................................................................................:...... ... ...................................................... 13 Total Units ......................... ......................................................... ............................................... 16. Number & type of low-or-moderate-income housing units (& bedrooms) proposed:............... ALL :...'...................... ................................................................................................................................... ............................................................................................................................... tPev c � TOWN OF BARNSTABLE Zoning Board of Appeals Page 2 APPLICATION for COf1PREHENSIVE BARNSTABLE HOUSING AUTHORITY Aunt Sarah's Harbor View House Name of Applicant Name of Development p PPlication..N 17. List of exceptions requested from local by-laws. codes and regulations: (Specify each exception with precise reference to applicable by-law, code or regulation.) BulkRegulation Variance.................................................................•....................................................... 3-1.2 Multi Family ................................................................................................................................... :........................ ....... ....... 3-1.2(5) S ...... Si Set Back Lot Size . . .. .. .................................................................................................................. ..................................................................................................................................... 18. List of approvals„needed from other public agencies: (Identify each local, regional, state, and federal agency and specify the approval to be sought.) Hyannis 'Main Street Waterfront Historic District .. ............... .... .......................................................................................................................... Zoning Board o��.4ppesYs . .................................................................................................................................................................. ......................................................................................................................................... 19. List of accompanying plans and documents submitted as part of this application: (Identify each such plan and document by its title.) 1 . Site Plan ...............................................................:..................................................................................................... 2. Schematic Drawings ......................................................................................................................................................................... ............................................................................................................................................ 20. List of supplemental pages used to provide full information called for by this application: ._....................................................................................................................................................................... ._....................................................................................................................................................................... ........................................................................................................... . 21. Subsidy agency (name and address) and financing program (name) involved_ continued attach Massachusetts Housing Partnership - Perm Plus Program pgge� _................................... ................. ............................................ ....... .......................................:................ Two Oliver Street, Boston, MA 02109. ......................................................................................................................................................................... 21-A.Attach documentary evidence of subsidy agency's determination of site-acceptability. This application for a Comprehensive Permit to build/rehabilitate low-or-moderate-income housing is made subject to the provisions of M6L Chapter 40B, Secs. 20-23. and 760 CHR 3C E� 31.00. BARNSTABLE HOUSING AUTHORITY Name or Applicant Date: Auth. r' ed Signature Lyn %L Typed Name of Authorized Signatory Note: If any information or documentation submitted as part of this application changes durii the course of its consideration. applicant should promptly supply such changed information of documentatior to the Board, making clear reference to the item• document or plan to be replay or updated thereby. (Rev 7 T i Application for Comprehensive Permit BARNSTABLE HOUSING AUTHORITY Aunt Sarah'sHarbor View House App. No. 21. (continued) Subsidy agency (name and address) and financing program (name) involved. Banking -Compass Bank. 100 Old Kings Hywy, Sandwich,MA 02563. Grants - Rental Housing Program, Barnstable County Main Street, Barnstable,MA 02630; Community Development Block Grant Program, Town of Barnstable. i JAN. 20. 2000 9 :29 M NUTTER, MCCLENNEN N0. 6l 17 P. 7 19• WA t1NTIES ND PR SE�'T T 0 S The Buyer acknowledges that it has not been influenced to enter into this transa has it relied upon any warranties or representations not set forth or in cOII nor agreement or previously made in writing. The Seller represents and arrpantt.�to the he this Seller's knowledge, information and belief, to the Buyer as follows; best of (a) The Seller is presently in possession of the Premises, as owner, and there are no contractual obligations which would in any manner prevent the Seller from freely selling the Premises and otherwise complying with the terms of this A eeme i and there are no leases, tenancies or Or affecting the Premiseothernthan as set forth in Ex ibit A. (b) There is no litigation pending for which the Seller has been served or to the best of the Seller's knowledge threatened, against the Seller or any basis therefor that arises out of the ownership of the Premises or adversely affect the ability of the Seller to perform its obligations under this Agreement. (c) There are no material agreements or understandings, written or oral, with any governmental of;icias or agencies, adversely affecting the Premises or the Existing Use which have not been heretofore disclosed to the Buyer in writing. Each and every warranty and representation trade by the Seller in this Section 19 shall (a) have beer. true and correct when made, and (b) be true and correct as of the dayof closing, otherwise the Buyer may, at die Buyer's opt-on cane $'I this agreement, in wlilch event all deposits made hereunder shall be for_hwith refunded to the Buyer and thereupon this Agreement shall be void and without further rec oure to 4e parties hereto. 20. N I ES Whenever any notice is required or permitted hereunder, such notice shall be in writing and shall be sent by United States registered or certified mail, postage prepaid, return receipt requested to the addresses set torch in Section 1 of this agreement, together with a copy in the case of the Seller to: Bradley J. Bailey, Esq. Thomas & Bailey, P.C. 100 West Main Street P.O. Box 978 Hyannis, MA 02601 and a copy in the case of the Buyer to: -6- i 1AN. 20. 2000 9:29161tit NUTIER, MCCLENNEN NO. 6117 P. 6' Patrick M. Butler, Esquire Nutter, McClennen & Fish, LLP Rte. 132 - 1513 Iyannough Road P.O. Box 1630 Hyannis, Massachusetts 02601 Any such notice so given shall be deemed given at the time the same is deposited with the U.S. Postal Service. Either party may, by notice given to the other party, designate a new address to which-notices shall be sent, and thereafter notices shall be sent to the address most recently designated by such party. Eidzer party may elect to hand deliver any such notice, demand or request provided that a duly authorized written acknowledgment of receipt is obtained. 21. MIS 'EL O This agreement, executed in several counterpart originals is to be construed as a Massachusetts contract, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective successors and assigns, and may be canceled, modified or amended only by a written instrument executed by both the Seller and the Buyer. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 22. SELLER'S DELIVERY At or prior to the closing, the Seller shall deliver to the Buyer the following in form and substance reasonably satisfactory to the Buyer, Buver's lender and Buyer's title insurance company: (a) duly executed deed contemplated by Section 9; (b) duly executed parties-in possession and mechanic's liens title insurance affidavit and indemnity related thereto in the form requested by the Buyer's tide insuranCe company; (c) duly executed non-foreign certification in the form prescribed by IRC Sectioa 1445 and the Treasury Regulations adopted thereunder; (d) duly executed assignment and assumption of the tenancies and permits, if applicable, and of all of the rights of the Seller thereunder executed together with Buyer; (e) such other documents, certificates or affidavits as are reasonably and customarily required by the Buyer's attorney, lender or title insurance company, including -7- JAN. 20. 2000 9:30LM NUTTER., MCCLENNEN NO. 6 11 7 P. g Without limitation, trust documentation of Seller, such as a Trustee's Certi and Direction of Beneficiaries. ficate 23• E L COOPER TI Upon request by Buyer, Seller shall be reasonably available for consultation and meetings with the Buyer and the Town of Barnstable, and other officials, as reasonably requested by the Buyer, necessary to assist the Buyer in its due diligence, especiallyas to interaction witl; the various Town Boards and officials. as related 24. SUPERSEDES OTH R ACREE EN'1-� . This Agreement supersedes any and all other agreements made prior hereto by and between any or all of the parties hereto with respec P there to the transaction contemplated hereby all of such prior agreements are hereby made void and without recourse to the parties the a and to. 25. iN O MAT ON TO BE SUPP ED By DIOR TO HE EL ER Within seven (7) days of die execution of this Agreement, Seller shall provide Buyer w' copies of all engineering, architectural, survey, soil tests Permitting r y it applications and correspondence with permitting au 1� T (Lcludi.ng any to The Premises which are in thePossession of tf1.: Selo authorities) er, s) and title related materials relating including, without limitation, the exL?tir?g title insurance policy and any surveys of or reports relating to the Premises. The engineering work, plans, reports, permits, applications, designs and environmental reports shall be delivered to and become the property of the Seller upon notification by the Buyer that Buyer is terminating this Agreement or upon expiration of the Agreement, whichever had f occur. ust 26. ACCESS From and after the cute Of this Agreement, Buyer and Buyer's agents have the right to enter upon the premises at reasonable times, with reasonable notice, for brief periods for general purposes of inspecting, measuring and the like and for showi - premises 'prospective mortgage Lenders a-d Lisurers and in such a way as not to unres �bl to with Seller's business. y interfere 27. SELLER'S DEFAUi T If the Seller shall fail to fulfill the Seller's agreements herein pertaining, to the of the Premises, the Buyer shall be entitled to specific performance of this P� Agreement. nice -s- .JAN. 20. 2000 5: 30; ! NUTTER,, MCCLENNEN NO. 6117 P. 1l0—� 28. O GAGE COND TION All of Buyer's .so . .y obligations under ndcr this Agreement g ent are conditional t oast upon $ or before the expiration of the Due Diligence Period a written commitment ore such { con ing as may be deemed appropriate by the Buyer, including, without limitation, the obtaining of grants, donations, conventional or bond financing or otherwise. 29. INTENTI )NALLY DELI 30. TE_TE_ NAN`IS Seller hereby represents and warrants that the only tenants and occupants of the Premises are as set forth in Exhi •t A (the "Existing Tenants"). The Seller and Buyer hereby acknowledge and agree that as of the date of the closing hereunder, the Premises shall be free of all tenants and occupants except for up to five (5) of the Existing Tenants. Seller hereby agrees to accept no further tenants or occupants for the Premises and not to take any actions from the date hereof with respect to the Existing Tenants to amend or extend their tenancies; provided, however, Seller shall use diligent efforts to relocate as many Existing Tenants as possible prior to the closing hereunder. At closing, all the then existing Imes, security deposits and last month's rent deposits shall be assigned to Buyer, and rents shall be adjusted as of the closing date. 31. BUROKERACiE ARR NT The Parties represent and warrant to each other that they not of dealt with any• broker connection with this A in Agreement.; g "lent. This representation shall survive the closing hereunder. Executed as a sealed imtrun:ent this 3d. day of M&r, SELLER: - Richard A. Are trup, Trustee of Cape Anne Tr, st -9- JAN. 20. 2000 9:30AM NUTTER, MCCLENNEN — N0. 6117 P. 11 BUYER! THE BARNSTABLE HOUSING AUTHORITY By: �2 Name: Arthur F Kimber Title: Chairman W4970 )AN. 20. 2000 9:31AM NUTTER, MCCLENNEN NO. 6117 P. Q EXHIBIT A enaa a Type of Tenancy Re nt tMount Rent Pd. Sec. Dep. Unit N Throlu Last Mth 1. Joseph Gouveria - tenant at will $50 wk in arrears no dep. #10 2. Beverly Kittrell - tenant at will $85 wk in arrears $170 dep. /#11 3. Leo Pasini - tenant at will $85 wk 1/27/00 S170 dep. #12 4. Angelina Ramirez - tenant at will , $325 month 1/31/00 -f J 5o. dcp • #33 6. 7. 8_ 9. 10. -11- DOCUMENT NO. 2 - APPROVED IN RESOLUTION NO. 1 ADOPTED ON OCTOBER 13, 1948 BY-LAWS OF THE BARNSTABLE HOUSING AUTHORITY ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "BARNSTABLE HOUSING AUTHORITY". Section 2. Seal of Authority. The Seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 3. Office of Authority. The office of the Authority shall be located within the Town of Barnstable (Hyannis), Massachusetts. ARTICLE II - OFFICERS Section 1. Officers. The officers of the Authority shall be a Chairman, a Vice-Chairman, a Treasurer, an Assistant Treasurer, and a Secretary who shall be Executive Director. , Section 2. Chairman. The Chairman shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the Chairman shall sign all contracts, deeds and other instruments made by the Authority. At each meeting, the Chairman shall submit such recommendations and information as he may consider proper concerning the business affairs and policies of the Authority. Section 3. Vice-Chairman. The Vice-Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman, and in case of a vacancy in the office of the Chairman. Section 4. Treasurer and Assistant Treasurer. The Treasurer shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the Authority except as otherwise authorized by resolution of the Authority. The Authority may by resolution designate one or more members to countersign such orders and checks, and may from time to time qualify, change or cancel any such designation. The Assistant Treasurer shall perform the duties of the Treasurer in the absence or incapacity of the Treasurer, and in case of a vacancy in the office of the Treasurer. The Treasurer and Assistant Treasurer shall give bond for the faithful performance of their duties. Any member elected to the office of Treasurer or Assistant or which may arise by reason of their appointment to serve on com- mittees functioning.within the Authority or in cooperation with other persons or groups. Section 8. Election or Appointment. The Chairman, Vice-Chairman, Treasurer and Assistant Treasurer shall be elected at the annual meet- ings of the Authority from among the Members of the Authority, and shall hold office for one year or until their successors are elected and qualified. The Authority shall appoint one person to fill the office of Secretary and Executive Director. Any person appointed to fill the office of Secretary and Executive Director, or any vacancy therein, shall have such term as the Authority fixes, but no Member of the Authority shall be eligible to this office except as a temporary appointee. Section 9. Vacancies. Should the office of Chairman, Vice-Chair- man, Treasurer or Assistant Treasurer become vacant, the Authority shall • elect a successor from its membership at the next meeting, and such election shall be for the unexpired term of said office. Section 10. Additional Personnel. The Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the Housing Authority Law of the Commonwealth of Massachusetts, as amended, and all other laws of the Commonwealth of Massachusetts applicable thereto. ARTICLE III - MEETINGS Section 1. Ceneral Provisions. Annual meetings and regular meetings of the Authority shall be held at such time and place as may be originally designated or subsequently changed by resolution adopted by the Authority at any regular or special meeting. All meetings shall be held at the office of the Authority in the absence of the specific designation of some other meeting place in any such reso lution. In the event that the date of any annual or regular neeting as provided in any such resolution shall fall on Sunday or a legal holiday, the meeting shall be held on the next succeeding secular day at the place and time designated in the resolution. Section 2. Annual Meetings. Annual meetings of the Authority shall be held without notice for the purposes of electing officers, re- ceiving the annual report of the Executive Director, and for the conduct of such other business as may come before the meeting. t. Section 7. Manner of Voting. All questions coming before the Authority shall be presented in the form of motions or resolutions chronologically numbered. The vote on all resolutions shall be by roll call, and each resolution and motion shall be entered in full upon the minutes of the meeting. For all resolutions, the ayes and nays shall be recorded. : ARTICLE IV - AMENDMENTS Amendments to By-Laws. The By-Laws of the Authority shall be amended only by resolution adopted by the affirmative vote of at least three Members of the Authority at a regular or special meeting. held after seven days notice in writing of the substance of the pro- posed amendment shall have been sent to each Member. Daniel J. Fern moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Norman C. Nagle, and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS 5 None. The Chairman "thereupon declared said motion carried and said resolution adopted. pF B CAPE COD COMMISSION v0 3225 MAIN STREET P.O.Box 226 (I MAY 1. BARNSTABLE, MA 02630 �'9Ss ti`t (508)362-3828 '1CHUS FAX(508)362-3136 "�'"-n'- E-mail:frontdesk®capecodcommission.org May 9, 2000 Thomas Lynch Executive Director Barnstable Housing Authority 146 Soi tth_Street Hyannis, MA 02601 Re: Aunt Sarah's Harbor View House Dear Tom: As you know this office is responsible for administering the federal HOME Investments Partnership funds allocated to the Barnstable County HOME Consortium. In that capacity we have received your agency's request for HOME funds for the above project. The v_ro;ect, as- we understand it,would create thirteen affordable rental u::its that would be rented to very iow and low income households on a permanent, year-round basis. Please be advised that such project would be considered an eligible activity under the HOME. This letter is not a commitment of HOME funds or an endorsement of this project at this time.We have begun our review of your funding request and hope to make a decision in the near future. As always, I applaud your agency's commitment to address the area's affordable housing needs. If I can be of any further assistance please contact my office. Sincerely,W 4A r 1' Ed Allard Affordable Housinb Specialist C; Fincuice Application(Julie 19961 C Page 10 Section 3 SOURCES AND USES OF FUNDS Sources of Funds Private Equity: Amount 79 > Developer's Cash Equity ........................................... $100 80 > Tax Credit Equity(net amount) ................................ $ (See fine 326.Section 5,page 18.) 81 > Developer's Fee/Overhead, Contributed or Loaned .. 82 > Other Sourcr $o Public Equity: 83 . HOIlE Funds, as Grant ..........................ES40.000 84 Grant: 85 . Grant: CDBG 86 > Total Public Equity ............................ Subordinate Debt (see definition): .drnotau Rate �ntorti=. Tenn 87 . Home Funds. as Subordinate Debt......... % I yrs. vrs. Source: 88 . Subordinate Debt.................................... $70,000 % vrs. vrs. Source: I COUN 1 Y_?O-)E. 89 _ Subordinate Debt .................................... S370.0-1.5 % vrs. 20 Source: Peer►Plus 90 . Subordinate Debt .................................... S50.000 % crs. vrs. Source: Barnstable County-Rental 91 . Subordinat-- Debt .............................I...... ° /o ITS. VIS. a Source: 92 > Total Subordinate Debt....................... Permanent Debt(Senior): .411101int Rate Anrorri_. Term 93 . NIHFA Permanent Loan" ....................... S * % vTs. vrs. 94 . -%1HP Fund Permanent Loan ................... 95 . Land Bank Permanent Loan ................... S % vrS. yrs. 96 . Other Permanent Senior Nlortsaee ......... S 17 4.500 8.80% 25 20 Sourc,-: 97 . Other Permanent Senior Nlorteaae ......... S % yrs. vrs. Source: 98 > Total Permanent Senior Debt............. $17/ 4,500 ("IncludeMHF.i over-ride in rate.) 99 . Total Permanent Sources ....................JS704.645 Construction Period Financing: .41notnrt Rate Term 10o . Construction Loan ..................................IS %1 mos. Source: Repaid at: I /event) tot . Other Interim Loan ................................. S %I mos. Source: Repaid at: I vent) 102 . Syndication Bridge Loan ........................ S %I mos. Source: Repaid at: (event) a Section 3. Sources and Uses of Funds Page 1/ Uses of Funds Direct Construction: 103 . Who prepared the estimates? 104 . What was basis for estimates? NOTE. This application must be signed by contractor who supplied cost estimates. Seepage DV Trade Item Amount Description 105 . 3 Concrete $ 106 . 4 vlasonry 107 . 5 Metals 108 . 6 Roush Camentry S 109 . 6 Finish Carpentry $ l 10 . 7 Waterproofing $ III . 7 Insulation 112 . 7 Roofina $ 113 . 7 Sheet lvletal S 114 . 8 Doors 115 . 8 �L�:ndo«-s 1 l6 . 8 Glass S 117 . 9 Lath& Plaster S 118 . 9 Dr% all S 119 . 9 iiie V-ork S 120 . 9 acoustical S 121 . 9 Wood Flooring S 1?Z . 9 Resilient Flooring $ 123 . 9 Paint&Decorating 12 4 . 1C Specialties $ 125 . i 1 Special Equipment S 126 . 11 Cabinets S 127 . 11 Appliances S 128 . 12 3linds & Shades S 1_9 . 12 Carnet S 130 . l: Special Construction S 131 . 1: Elevators S 132 . 15 Plumbing&Hot Water S 133 . 15 Heat& Ventilation 13.4 . 15 air Conditionina S 135 . 16 Electrical S 136 . Accessory Buildings S 137 . Other!.misc $360.C-TO 138 . Subtotal Structural S360,000 139 . = Earth Work S 140 . 2 Site Utilities S 141 . = Roads& Walks 142 . 2 Site Improvement 143 . 2 La,.vns&Planting S 144 . 2 Unusual Site Cond S 145 . Subtotal Site Work SO 146 . Total Improvements S360,000 147 . 1 General Conditions S 148 . Subtotal S360,000 149 . 1 Builders Overhead S INCLUDED 150 . 1 Builders Profit S TANCLUDED 151 > TOTAL S360.000 152 Total Cost/square foot S75 Residential Costts.f. 74.6733043 XnTF- > siuihn!inilic«rr.c those auestions which treed to be filled out as "short.form"preiinrittan application. Section 3. Soetrces and Uses ojFitnds Page 12 Development Budget: Total Residential Commercial Comments 153 . Acquisition: Land $50,000 $50,000 N/A 154 . Acquisition: Building $135,000 $135,000 N/A 135 > Acquisition Subtotal $185,000 $185,000 $0 156 . Direct Construction Budg $360,000 $360,000 N/A (from line 151) 157 > Construction Contingency S90,000 $90,000 N/A 25.0% of construction 158 . Subtotal: Construction $450,000 S450,000 $0 General Development Costs: 159 Architecture& Engineerin S?6,000 S^6,000 N/A 160 . Survey and Permits S1,500 S1,500 NN/A 161 . Clerk of the Works $0 N/A 162 . Environmental Engineer S 1,000 S 1.000 N/A 163 . Bond Premium $ S0 164 . LeQal S5,500 S5.500 '-\-/A most Pro bono 165 . Title and Recording S3,400 S3.400 N;'A 166 . .accounting & Cost Certifi SO SO NrA 167 . Marketing and Rent Up S 1,200 S 1.200 %A 168 , Real Estate Taxes SO SO NiA 169 . Lnsurance S3.500 S3.500 N;'A 170 . Relocation S SO IN/A 171 . Appraisal S3,500 S3.50O `/A 172 . Security S SO N-/A 173 _ Construction Loan Interest S 13.500 S 13.500 N/A 174 . Inspecting Engineer S2,000 I S,.000 ;A ` 175 . Fees to: L SO Ni A 176 . Fees to: Nw S5.445 S5.4T5 N;A l77 . Fees to: SO NrA 178 . Credit Enhancement Fees S SO `iA 179 . Letter of Credit Fees S SO N/A ISO . Other Financing Fees S SO V/A 131 . Development Consultant SO `/A 132 . Other: SO N/A 133 . Other: SO N/A 184 . Soft Cost Contingency S3,100 S3.100 Nf �.7°o of soti costs 135 > Subtotal: Gen. Deg-. S69,645 S69.645 SO 186 . Subtotal: Acquis., Constj S704,645 JS704.645 ISO and Gen. Dev. 137 > Capitalized Reserves SO N/A (See Lnstructions.) 133 > Developer Overhead SO N/A (See Instructions.) 139 > Developer Fee SO N/A (See Instructions.) 190 . Total Development Costj S704,645 1 $704.645 SO 191 . Total Nets Developmentl S704,645 1 $704,645 1 $0 (*Does not include capitalized reserves nor anY Developer Fees or overhead which are contributed or lomied t t•tnrncce Application/✓cure I vY.)/ tv t'a�e I a Section 4 OPERATING PRO-FORMA eratin ncome Rent Schedule: Contract C%tility Total evo. of 213 > Low-Income (Rental Assisted): Rent allowance Gross Rent* Gitits SRO N/A N/A N/A 0 0 Bedroom N/A N/A N/A 0 1 Bedroom S663 SO $663 1 2 Bedroom N/A N/A N/A 0 3 Bedroom N/A N/A N/A 0 4 Bedroom N/A N/A N/A 0 'Equals contract rent T ua 1F a lowance 214 > Low-Income (below 50%): SRO N/A N/A N/A 0 0 Bedroom $428 50 S428 1 1 Bedroom N/A N/A N/A 0 2 Bedroom N/A SO N/A 0 3 Bedroom N/A IN/A I N/A 0 4 Bedroom N/A N%A N/A 0 215 > Low--Income (below 60%): SRO N/A N/A N/A 0 0 Bedroom S514 SO S514 4 1 Bedroom S551 SO S551 1 2 Bedroom NiA IN/A N/A 0 3 Bedroom N/A JN/A NiA 0 4 Bedroom N/A I N/A N,-A 0 16 > Other Income (as defined on page 2) E 804'o of:he median income for the region SRO S386 SO S386 6 0 Bedroom N/A N/A vri'A 0 1 Bedroom N/A Ni"A N/A 0 2 Bedroom N/A N,:k N/A 0 3 Bedroom N/A I N/A NIA 0 4 Bedroom NiA viA N-A 0 217 > Market Rate (unrestricted occupancy): SRO `/A 0 0 Bedroom N/A 0 1 Bedroom N/A 0 2 Bedroom N/A 0 3 Bedroom N/A 0 4 Bedroom N/A 0 Commercial Income: (average) 218 > are Feet:1 0 a, IS /square toot I SO Parkin; Income: (average) 219 . Spaces: 12 50 /month x 1_ SO ROTE: >s%n:bol indicates those questions which need to be filled out as "short form"preliniinaiy application. Section 4. Operating Pro-Forma Page 15 Other Operating Income Assumptions: Vacancy Allowance: 220 . Low-Income(Rental Assistance) 5.0% 221 . Low-Income(below 50%) 5.0% 222 . Low-Income (below 60%) 5.0% 223 . Other Income Group (see page 2) 5.0% 224 . Market Rate FEN 225 . Commercial Space(includes parking) 226 . Laundry Income (annual): 3120 '27 . Other Income: S S Trending Assumptions for Rents: Year 2 Year 3 Years 4-5 Years 6-20 228 . Low-Income (Rental :assistance) 0.0% 3.0% 3.0°0 4.0% 229 . Low-Income (below 50%) 0.0% 3.00/0 3.00/6 4.0% 230 . Logy-Income (below 60%) 0.0°0 3.0% 3.0% 4.0% 31 . Other Income Group (see page 2) 0.0°0 3.0% 3.0% 4.0% 232 . Market Rate 0.0°0 3.0°0 3.0%1 4.0% 53 . Commercial Space Rental 0.0% 3.0% 3.0% 4.0% '3-1 . Other Income 0.0°0 3.0% 3.0% 4.0% Operating Subsidy and Capitalized O eratina Reserves: -- Subsidy Source I............... _36 . Subsidy Source II ............. 23 i > Capitalized Operating Reserve....... s Source: 233 . Yearly Draws on Subsidies and Reserves: Subsidy Subsiciy Draw on Source I Source II ODer. Reserve Year 1 S S S Year 2 S S S Year 3 S s s Year 4 S S S Year 5 S $ S Year 6 S S S Year 7 S S S Year 3 S s S Year 9 S S S Year 10 S s s Year 11 S S S Year 12 S 5 S Year 13 S S $ Year 14 S S S Year 1; S s S Year 16 $ S S Year 17 S s S Year 13 S S S Year 19 $ s S Year_0 $ $ s Year=1 IS s is 239 . Annual Operating Income (year 1) $71,680 Section a. Operating Pro-Forma Page 16 04epeFrattiln Expenses Annual Operating Exp.: Total Resiclential Commercial Comments 240 . -fanagementFee $3,681 $3,681 N/A 5%of income 241 . Pa%Toll,Administrative $4,680 $4,680 N/A 242 . Pa%Toll Taxes&Benefits,Admi, S 1,170 $1,170 N/A 243 . Legal $650 S650 N/A 244 . Audit $650 S650 N/A 245 . Marketing S1300 S1,300 N/A ?46 . Telephone S SO NA 247 . Office Supplies S400 $400 N/A '148 . Accounting�&Data Processing S SO N/A 249 . Investor Servicing S SO N/A 250 . EOCD-Monitorine Fee S'_50 S250 N/A 251 . Other: S SO N/A 252 . Other: S SO \/A 253 . Subtotal: Administrativel S9,100 S9.100 SO 254 . Pal-Toll,-Maintenance S4.680 54.680 N,:A 255 . Pa:Toll Taxes&Benefits,Admi S 1.170 S 1,170 \/A 256 . Janitorial-Materials S500 S500 7/A 257 . Landscaping S1,000 S1.000 \;A 253 . Decorating(inter. only) S400 S400 \,''A 259 . Repairs(inter. &ext.) S2.450 S2.450 \;A _50 . Elevator-Maintenance S SO \'A 261 . Trash Removal S 1.100 S 1.100 ( \;'A 26_ . Snow Removal 5800 S800 \i.a a 263 . Extermination S500 S500 \;'A 264 . Recreation S SO N,A 265 _ Other: SO N. A 266 . Subtotal: Maintenance S 12.600 S 12.600 SO 267 . Resident Services S 1,200 S 1.)00 N—A 263 . Security S SO N/A 269 . E:ectricily S4.458 S4.458 N.A 2170 . Natural Gas S SO N:'A 271 . Oil S4,000 S4.000 N,A 272 . Water&Sewer S5.000 S5,000 \"A ,73 . Subtotal: Utilities S13.458 S13,458 SO 274 Replacement Reserve $4,225 $4.225 IN A S325.unit 275 . Operating Reserve Is SO N/A —771 276 . Real Estate Taxes S2,300 $2,300 `'A '_77 . Other Taxes S SO KA _73 . Insurance $3,500 $3,500 i\;/ 279 . Other SO N'A 230 . Subtotal:Taxes, Insurand S5,800 1 $5,800 SO mi > TOTAL EXPENSES I S50.0b4 I S50.064 SO Section 4. Operating Pro-Forma Other Operating Expense Assumptions Page 17 Trending Assumptions for Expense; Year 2 Year 3 Years a-S Years 6-20 232 . Sewer& Water ................................... 3.0% 3.0% 3.0% 3.0% 283 . Real Estate Taxes ..................... ......... 2.5% 2.5% 2.5% 2.5% 284 . All Other Operating Expenses *_......_. 3.0% 3.0% o 0 4.0/0 4.0/o *.Vangzennennt Fees are assumed to remain a constant percentgee of tnet effective operatinrQ income. Reserve Requirements: 285 . Replacement Reserve Requirement.... 325 per unit per year 286 . Operating Reserve Requirement ......... $ per unit per year Debt Service: annual 287 . v Pawnennt IHFA Permanent Loan .......... N/A ......................... 288 . -1HP Fund Permanent Loan ................................. N/A 289 . Land Bank Permanent Loan .................................. N/A 290 . Other Permanent Senior-Mortgage ........................LLL287 So \iA 291 . Other Permanent Senior-lortgage ........................ So N/A 292 . Total Debt Service (:annual) .............................. S 17.287 293 . Net Operating, Income ...................................... 521,616 (in year one) 294 . Debt Service Coverage ....................................... 1.?5 (invearone) Affordability: Income Limits and Maximum Allowable Rents ` Automatic: Identify region 1 295 2 Fill in the rents manually 1 Region: Barnstable County iVMetro 296 . -Maximum Allowed Rents, by Income, by Unit Size: As of IvIacimum Income _Varin um Rent(as published by HUD) 50% 60% 80% 50% 60% 80% SRO N/A N/A NiA N;•A N/A N/A. 0 bedro '-A N/A N/A N,A. NiA N/A I bedro `;A N/A N/A N/A N/A N/A bedro( N/A N/,k NiA N/A N/A 3 bedro N/A N/A N/A NiA N/A NIA 4 bedro \/A N/A N/A N/A N/A N/A 297 . H.U.D. "Fair vlarket Rents" (Maximum): SRO $ As of(date): 0 Bedroom S 1 Bedroom S 2 Bedroom N/A 3 Bedroom N/A 4 Bedroom N/A � r♦ "One Stop" Affordable Housing, Finance Application [Version 5.0, June 1995] Page A-1 Project Summary Information NOTE: Do not fill out this section. It is automatically filled in—by ro ram. Project Name .................. Aunt Sarah's Redevelopment Developer .......................Barnstable Housing Authority Community ..................... Hyannis Number of Units ............. 1; SRO ................ 6 Low-Income,Rental Assisted............................. 1 0 Bedrooms .... Low-Income,Below 50% ................................... 1 1 Bedrooms .... 2 Low-Income,Below 60% ................................... 5 2 Bedrooms .... 0 Moderate Income................................................ 6 3 Bedrooms .... 0 Market Rate......................................................... 0 4T Bedrooms .. 0 This is an application for: EOCD Tax Credit Allocation............................. No HOME Fundina from EOCD .............................. No MHFA Financing................................................ No Land Bank Financing.......................................... No MHP Fund Financing.......................................... No MilC Construction Loan....................................No MHIC Tax Credit Equity.................................... No Public Facilities Department Funding................ No CDFC Financing.............................................. .�To Sources of Funds: Uses of Funds: Developers Equity.................... S 100 Acquisition................................ S 1 S:-OrJU Tax Credit E:,uity..................... SO Construction.............................. S-1 0.000 ` Public Equi^ ............................ S!0 000 General Deve:eptnen[............... Sc9.61; Subordinate Debt...................... S490.043 Developer Over-ead................. SU Permanent Debt........................ S 174.500 Developer Fee........................... SO Total:ill Sources.................... $704.6.15 Capitalized Reserves........... .. SO Total all Uses .......................... S70—:.6;45 Uses Exceed Sources by...........� SU Rent Levels: BR (m-er.) SF Over.) Loa•-Income. Rental Assisted... S663 i.li 0 Loa--Income,Below 50% ......... S428 Low-Income.Below 60%......... S521 0? 3Sri Other Income (see page?).,--.... 5386 0J) 144 Market Rate .............................. N/A `iA N/A Average,.111 C nits....................I S463 1 0._ 236 Annual Operating Income Year 1): Annual Operating Expense (year 1): Gross rental income residential $72.168 Management Fee S3-681 Vacancy{resid. 5.00% $3.608 AcaministratiVe $9.100 Other Income(net of vacancies; S3.120 Maintenance S 12.600 Subtotal S71,680 Res.Service, Security $1.200 Operating Subsidies $0 Utilities $13.438 Draw on Operating Reserves SO Repl.Reserve S4.225 Total Annual Income F $7. 1.680 Oper.Reserve SO Taxes,Insurance $5.800 Net Operating Income $21,616 Total $50,061 Debt Service $17.287 ^° neht .Q�-rvirr rnvPrno� I ?i(1 Tntnl ner I'nit Finance Application [June 19951 0 Page A-? Rent Profile Analysis NOTE: Do not fill out this section. It is ;;,itornatically filled in by program. Contract Size of :V0.of Gross Rem` Rent per Units Rent Unit Bat{iroonts MaCimunt square foot Low-Income (Rental Assisted): SRO 0 N/A VA N/A PN-/A0 Bedroom 0 v/p, N/A I v/A NIA /A I N/A l Bedroom ( S663 U 1 I N/A ;r/ Bedroom 0 N/A N/A i N/A =F N/A 3 Bedreom 0 N/A Ni/A Ni/A N/A I N/A 4 Bedroom 0 N/A N/A N'/A N/A N/�, Low-Income (below 50%): SRO 0 N/A N/A v/a I N/A NiA 0 Bedroom 1 S1728 3001 N/A i S 1.�3 l Bed oer 0 N/A N/A NiA I NiA 1 Ni A Bedroom 0 N/A N/A 1 N/A I N/A I �:iA 3 Bed.-COr:. 01 N/A N;A I N/A I N/A I \; Bedroom 01 N/A NiA I Ni A I N/A I N/A Low-Income (below 600/0): SRO 01 N;:a NiA I N/A ( ,A 0 Bed:oo i S51 1 1 I \i B2: �. 1 .Cc i1 S;;1 4.C1 :I. N/A I SC..-9 Be,_;—,or- 0 N/A I NiA I NiA I N/A I Via 3 Be .-:C m 01 N/A NiA 1 NiA 1 N/A I NiA Bzc.-Cc- I)i Ni A _K'A 1 N Other Income Group: S6`4 B 0 Bed.' ri Co 01 NiA 1 N;A I N:•, I NIA i -.eS l -I Ni I NiA I N;:a I N/A I N; _Bed-cer:. of _KA I Ni a. I NiA I N:a of NiA NiA I N;:a I NiA I N a. ' Bed.Cep: 01 N/A N:A j N;"A I N:a i Market-Rate (unrestricted occuoancv): SRO t.)I N-:a N;'.� I N;A I I N-A 1 Bed-.ocm 01 NiA N A N::A Bed:ocm 01 � ;"A NrA I NWA 3 Bed7CC . 0 N;:y 'N,'A I N.A \;:.? 4 Bedroom 01 NiA NIA I N;A I Nib. Finance Application [June 19951 O Page A-3 21 -Year 0 .yperating Proforma Years 1 -5 NOTE: Do not fill out this section. It is automatically filled in by program. }ear 1 Y ear? Y ear 3 Year-I Fear 5 Calendar Year: " V.4 \:_{ \".! \; L 1COME: Loa--Income,Rental Assisted S7.956 S7,956 S8.195 53.d4 1 S3.694 Loa--Income,Below 50% 5.136 5.136 5.290 5.1149 5.612 Loa--Income,Below 60% 3123 4 31.28 4 32.223 33.139 34.133 Moderate Income 27.792 27.792 23.626 29.435 30.369 Market Rate 0 0 0 0 0 Gross Potential Income 72.163 72.163 7.4.333 ,6_63 5.360 Less vacancy 3.603 3.603 3.717 3.323 3.943 Effective Gross Residentiallnc 63.560 65.560 70.616 7 2.735 71_917 Commercial Income(includes p 0 p 0 0 0 Less vacancy 0 0 0 0 0 Net Commercial Income 0 0 0 0 0 Effective Rentallncome 63.560 68.560 70.616 -�,735 -T_c)1- Ot1her Income 3.120 .1'U 3 '1 T - 310 3.-1C.9 Total Gross Income 7 L.6S0 .630 -3.330 7o.0 45 -;-6 O^eratin°Subsidies 0 0 U U 0 Draw on Operating Resev es 0 0 0 0 0 Total Effective Income S71.630 S-i.630 S-3.330 S"6 0 45 1 S-S.3 26 EXPENSES: ,Manasement Fee 3.031 3.631 3_-91 I 3.905 Administrative 9.100 9.373 I 9.6541 I 10.040 .4 - laintenance 12.600 2 9 i 3 13.367 Resident Se-vices i.200 1.236 1.273 1.-2Y �ecuritc 0 0 0 0 t� Electrical4.729 -919 5 ! I5 Natural Gas 0 0 0 0 Oil (heat) 4.000 4.120 4.0 11 9(1 Water&Setter 5.000 5.150 -3t}� : 'C4 ; 6_S Replacement Reserve -4.225 ; 352 1.!S2 16, 41.848 Operating Reserve 0 0 1 0 1 �, Real Estate Taxes 2.300 2.353 1 2.416 1 ' T ;3-- , ) Other Taxes 0 0 I 0 1 0 �i Insurance 500 3.605 3 "!� 3.562 1 0 l Other: 0 0 0 0 0 Total Operating,Expenses S50.064 S51.t44 1 S51 9-6 S5=.967 S5- 03j NET OPERATE•NG INCOME S21.616 S20.236 I S20.8:4 S21.0'3 S21.29l Debt Service S17,287 S 11.237 S 17.2S7 5 i- 287 S I- '87 Debt Set-vice Coverage 1.25 1.1 7 1.21 1.22 L 23 Project Cash Flow S4.329 S2.9.49 S3.563 S3.791 00 4 Required Debt Coverage S21.609 S21.609 S'_1.609 S-1.609 S21.609 (Gap)/Surplw for Cov. S7 i S 1.3 73 i (S75-4) (S531) (S313) Finance_Application[Jztne 199510 Page A-=1 21 -Year operating Proforma Years 6-10 NOTE: Do not fill out this section. It is automaticall filled in b ro ram. I ear 6 Ye 7 Year 8 Fear 9 Year 10 Calendar Year: N_4 \ .4 \.:_4 \: \" INCOME: Logy-Income,Rental Assisted S9.041 S9.403 $9.779 S I0,170 S 10.577 Logy-Income,Below 50% 5.837 6.0 7 0 6,313 6.566 6:528 Low-Income,Below 60% 35.552 36.974 38.453 39.991 41.591 Moderate Income 31.584 32.847 34.161 35.528 369-19 Market Rate 0 U 0 0 0 Gross Potential Income 82.014 35.295 33.707 92_75; u; y ; Less vacancy 4.101 4.265 4.435 4.613 4_,97 Lhective Gross Residential Inc 7 7.914 8 I.030 34.271 87.642 91.1-tS Commercial Income(includes p 0 p 0 0 0 Less vacancy 0 0 0 0 0 Net Commercial Income 0 0 0 0 0 E"ective Rental Income 7-.914 j I.030 3,_a3335 87.642 y i-48 Other Income 3.546 3.685 3.983 +_1;8 %oral Gross Income 31.459 S 4.7 13 8S_106 91.631 9=.296 Operating Subsidies 0 0 0 0 1 0 77aw on Operating Reserves 0 u l 0 0 1 0 �tcl ective Income S8 i.u59 � � ?l8 S88.106 S91.t 31 S 5._96 EXPENSES: \ anagement Fee -1.133 4.35 i !.5,5 4.706 4,S91 �,ministratiye 1f).S60 i ' 294 11.746 12.216 t' _04 ` -intenance 15.036 ; 63 S ti t a - � 1�.,.263 e.,l Resident Services 1 43? - 1y 1.��9 1.61 ! i �ecurit 0 0 0 Natural Gas 0 0 0 0 - 0 Oii(heat) 2.773 4.964 .163 ( 5.370 ':Water&Sewer .796 5.970 6.149 b-=34 Replacement Reserve 5.042 5244 Operating Reserve 0 0 0 1 0 0 Real Estate Taxes 602 2_e67 2.734 2.502 _ S-_ Other Taxes 0 0 U 0 0 ..surance 1 4.177 4.3 44 4.515 4.h9S =.�86 Other: 0 0 0 0 0 Total Operating Expenses S59 222 S61.494 S63.`;1 S66. 06 S6,S.Si3 NET OPERATL\G LNCOIIE S_2 237 S_3 224 S24?52 S 325 S_6.443 Debt Service S 1- 287 S i 7.287 S I- -87 S l;.237 S l- 237 Debt Service Coverage l._9 1.=-1 1.40 1.16 1.53 Project Cash Flow S-:.950 55.937 S6.965 SS.038 S:=.156 Required Debt Coverage S_1.609 521.609 521.609 S21.609 S21.609 iGap)/Surplus for Co . $628 51.615 52.644 S3.i 16 S4.S35 i d77 MP ass February 3, 2000 G) P",* Barnstable Housing Authority Thomas Lynch, Executive Director 146 South Street Hyannis, MA 02601 ' RE: Aunt Sarah's Redevelopment Dear Mr. Lynch: I am pleased to inform you that the Compass Bank for Savings (hereinafter, the "Bank") has approved a 5185,0O0 Commercial Term Loan (the "Loan"). After reading this commitment letter, please don't hesitate to contact me personally with any questions you may have. The terms and conditions of the Loan are as follows: Borrower(s): Barnstable Housing Authority Amount: $ 185,000 Term: The Loan shall mature six(6) month(s) from the date of closing. Purpose: The proceeds of the Loan will be used by Borrower(s) for the purchase of property located at 93 Pleasant Street, Hyannis,. NIA.. Interest Rate: Eight and three quarters percent (8.75%) per annum. Interest shall be computed on the basis of a three hundred sixty (360) day year counting the actual number of days elapsed. ,.d 100 Old ICngs Hi-hwa} P.O.Box 959.San N dwich, M102563 (SOS 83&0026 WVWcompassbank.com ) Repayment: Interest on the outstanding principal balance of the Loan will be paid at maturity. Principal will be due and payable six months from the date of the loan. .Prepayment: The Loan may be prepaid at any time without premium or penalty. Commitment Fee: A ''/2 percent ($925) non-refundable commitment fee on the principal amount of the Loan is due and payable upon acceptance of this commitment. Security-.A first mortgage on real estate being purchased by Borrower(s) located at 93 Pleasant Street, Hyannis, MA having an unencumbered market value equal to or greater than S210,000. Specific Provisions: In addition, the Loan documentation will contain the following specific provision(s): (a)Borrower(s) will maintain its primary depository accounts with Bank. (b)Any and all indebtedness of Borrower(s) owed to its shareholders, officers or affiliated entities, if any, will be subordinated to all of Borrower(s)' obligations to the Bank under or in connection with the Loan on terms acceptable to Bank. (c)The Loan documentation may, at the option of the Bank, include standard terms and conditions, positive and negative covenants, and defaults, including, but not limited to, no further indebtedness or encumbrances being incurred or permitted, restrictions on dividends and distributions, no changes in ownership/management, the occurrence of an Event of Default under the Loan documentation upon the occurrence of an event of default under any other obligations of the Borrower(s) or the Guarantor(s) to the Bank or others, etc. 2 Late Charge: The Loan documentation will contain provisions whereby monthly payments of principal and interest which are delinquent for more than fifteen (15) days after the date on which they are due may be subject to a late charge of up to five percent (5%) of the overdue payment and/or may bear interest at a rate per arnum equal to four percent (4%) above the Interest Rate. Financial Reporting Requirements: Borrower(s) and/or the Guarantor(s), as appropriate, shall deliver tc Bank: (X) Audited annual financial statements in form and substance acceptable to Bank within ninety (90) days of Borrower(s)' year end prepared-by a certified public accountant acceptable to Bank. Pre-Closina Items: Borrower(s) shall have submitted to Bank on or before the closing date of the Loan all documents, certificates, information and materials relating to the Loan, any security for the Loan, the Borrower(s) and any Guarantor(s) as the Bank shall require, all in form and substance satisfactory to Bank. Without limiting the generality of the foregoing, the following are additional conditions to the closing of the Loan: (a)All Loan documentation and related closing documents will be in form and substance satisfactory to Bank and its counsel. (b)Borrowe.r(s) will provide Bank copies of insurance policies or other satisfactory evidence of hazard, property, flood and liability insurance in form, substance and amounts and issued by such companies as shall be satisfactory to Bank. Such policies shall name Bank as mortgagee, loss payee and/or additional insured, as shall be required by Bank, and shall contain a non-cancellation provision without twenty(20) days prior written notice to Bank. (c)Prior to the closing, there shall not have occurred in the opinion of Bank any material adverse change in Borrower(s)' or Guarantor(s) business operations or financial condition. (d)Borrower(s) must presently be and remain in compliance with all state and federal laws and regulations, including laws and Z. regulations already promulgated with future effective dates. (X) Borrower(s) will deliver to the Bank an ALTA mortgagee's title insurance commitment in form approved by Bank, insuring Bank's mortgage in an amount not less than S 185,000 subject only to such liens and encumbrances as the Bank and its counsel may approve. (X) An Environmental Questionnaire/Audit/Site Assessment with respect to any real estate collateral as required by Lender will be required. (X) An up-to-date appraisal of all real estate collateral satisfactory to the Bank will be required. Approved and in file Indemnification and Expenses: All expenses connected with the Loan, including without limitation, the cost of title insurance premium and chases, recording fees, cost of preparation of documents, appraisal fees, fees for environmental due diligence, Bank counsel fees, flood hazard determination fees and tax service fees, shall be borne by Borrower(s), whether or not the Loan closes and whether or not this commitment is terminated for any reason. Borrower(s) hereby indemnifies the Bank and agrees to hold the Bank harmless against claims of brokers arising in connection with the execution of this commitment by the Bank or the consummation of the Loan. Casualty, Condemnation or Litigation: The Bank shall not be obligated to make any disbursement of the Loan if any condemnation proceeding or litigation is pending or threatened against Borrower(s), any Guarantor(s) or any real estate collateral, or if any damage or destruction occurs to any real or personal property securing the Loan. Termination: The Bank shall have no obligation to close the Loan and the Bank's obligations under this commitment shall forthwith terminate without the requirement of any notice to Borrower(s) in the event of(1) any bankruptcy, receivership or similar proceeding with respect to Borrower(s) or any Guarantor(s), (ii) the proving false of any representations, information, exhibits, data and other materials included in or submitted with or in support of Borrower(s)'s application for the Loan or failure to include therein any material information concerning the financial or other condition or operations of the Borrower(s) or any Guarantor(s), (iii) any material adverse change in the financial or other condition 4 of the Borrower(s) or any Guarantor(s), (iv) failure of Borrower(s) to comply with the terms and conditions of this commitment letter, or (v) any collateral offered for the Loan or any documents, instruments, agreements or information furnished to the Bank pursuant to this commitment are not in all respects satisfactory to the Bank in force and substance. Sale or Default: The entire balance owing shall become due and payable immediately upon default under the Loan documentation or upon the sale, conveyance, or further encumbrance of any real estate collateral for the Loan. Governing Law: This commitment letter shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Assignability:This commitment shall not be assignable by the Borrower(s). Modifications: This commitment may be amended only in writing executed by Borrower(s), the Bank and any Guarantor(s). Entire:agreement: This commitment constitutes the entire obligation of the Bank, and no covenant, promise, agreement, or undertaking of any kind or nature not specifically set forth herein shall be binding upon the Bank. Time and Closing: Time is of the essence of each and every tern, condition, and provision of this commitment. The Loan shall close on or before April 2, 2000. Acceptance: This commitment shall remain open for your acceptance until February 10, 2000 and shall be void as regards the obligations of the Bank hereunder if written acceptance is not received by the Bank on or before the close of business on such date together with any commitment or facility fee initially required hereunder. Subject to a copy of the vote by the members of the board of directors of the Barnstable Housing Authority authorizing the this borrowing. Subject to any other terms and conditions as may be required by Bank's counsel. 5 f f Upon receipt of the signed original of this commitment letter denoting your acceptance of the terms and conditions together with the commitment fee, we will forward this loan to Attorney Patrick Butler as requested. If you have any questions, please do not hesitate to contact me at (509) 833-72 13 or e-mail me at maryannaGcompassbank.com Sincerely; COMPASS BANK FOR SAVINGS Bv. mary on n Vice President Accepted and Agreed to this % day of BORROWER(S): Barnstable Housing Authority B . \. � `�"— (Revised 3/98) . H:\%vimvrord\2000maa\bha\c1020300.wpd FOR SECURITY PURPOSES.TILE 000001 OF TIIIS DOCUMENT CONTAINS MICROPIIINTING: ='= c•_;_;_.;.—___•_.______ BARNSTABLE HOUSING AUTHORITY 53-574/113 RENTAL ACQUISITION PROGRAM 135 146 South Street /, Hyannis,MA 02601 DME, `'>" — A 000 AY I,( T11'r ol"DC,,"I' DOLLARS CI . : II I1 CAPE COD BANK 6 TRUST COMPANY MASSACHUSErrSil.— '"'�" / •/ <''`` �I Fors �4��c:x`:•,••: �,•"P_ .� ��'r.� ••.t..•�������-- t _ II'0 0 0 1 3 511' 1:0 1 13 0 5 7 I-, 9 l: 10 10.2 8 4 9 L, 9 11- NATURE -- �'•�—�' '�"—""""""-""'""""" —""'TIIIS DOCUMENT INCLUDES A SECURITY SCREEN ON OACK OF TILE CHECKFS ....... kP , 1 o, e Twrt Telephone(508)771-7222 Barnstable �= Fax(508)778-9312 Leased Housing Dept.(508)771-7292 y��a►+`F Housing Authority 146 South Street•Hyannis,Mass.02601 No. 99-91 EXTRACT FROM MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A SPECIAL MEETING OF THE MEMBERS OF THE BARNSTABLE HOUSING AUTHORITY HELD ON NOVBER 29, 1999. The members of the Barnstable Housing Authority met in special session at 200 Stevens Street , Hyannis, Massachusetts, at the place, hour and date duly posted for the holding of such meeting. The Chairman called the meeting to order and upon a roll call the following answered present: Arthur F. Kimber, Chairman Paula Schnepp, Vice Chairman Richard A. Cross, Jr., Treasurer Upon motion by Richard A. Cross, Jr., that was seconded by Paula Schnepp it was unanimously Voted by Board Resolution to have the Executive Director and the Chairman, following a review of the P & S Agreement on 93 Pleasant Street, Hyannis, be authorized to enter into said Agreement. All present voted in the affirmative and the Chairman declared the motion approved. I certify that this is a true and correct copy of the motion and that such action took place at a properly posted and held meeting of the Authority. Thomas ynch Executive Director Date of Certification Equal Housing Opportunity Agency JP.N. 20. 2000 9 :27P.`A NUTTER, VUENNEN NO. 61 l 7 P. 2-7- R CHAaLAND 5AL E GEM : In consideration of the mutual promises of the parties hereto and of the mutual benefits to be gained from the performance thereof, the parties hereto hereby agree as follows: 1. PAR lE Richard A. Arenstrup, Trustee of Cape Amne Trust, under Declaration of Trust dated June 4, 1985,,,recorded with the Barnstable County Registry of Deeds in Book 4564, Page 67, having a mailing address of Richard Arenstrup, P.O. Box 2248, Hyannis, MA 02601 (hereinafter referred to as the "Seller") agrees to sell, and The Barnstable Housing Authority, a municipal authority, having an address of 146 South Street, Hyannis, MA 02601 or,a nominee designated in accordance with Paragraph 9 hereof(hereinafter referred to as the "Buyer") agrees to buy, upon the terms and conditions hereinafter set forth the following described premises, 2. P RUIISES The property which is the subject of this Agreement is known as and numbered 93 Pleasant Street, Hyaaris, Barnstable County, Massachusetts, shown oa Barnstable Assessor's Map 326 as Parcel, 29, (for SelIer's title, see Deed recorded in Book 4564, Page74, the "Land"), together with all improvements, and all rights, privileges, easements and appurtenances to the La•:d, including, without limitation, all easements, rights-of-way, and other appurtenances used or connected with the beneficial use or enjoyment thereof is common with others entitled thereto (the Lana and all such other improvements and rights being hereinafter collectively callcd the "Premises"), such purchase and sale to include such other rights and property, and to be on such terms and conditions, as follows: 3. PURCHASE PRICE The purchase price for the Premises and for all other rights and property to be sold hereunder is One Hundred Eighty Five Thousand (S185,000,00) Dollars, of which $ 18,500.00 shall be paid on this date as a deposit. 166,500.00 are to be paid at the time of the delivery of the deed by certified, bank or cashier's check. $ 185,000.00 TOTAL JAN. 20. 2000 9 :27Ay1 NUTTER, MCCLENNEN NO. 6117—P. 3'-- 4. TI E F ERF NC • D L E Y OF D ED The deed is to be delivered and the closing shall takeplace eighteenth (18d') day of February, 20W, the closin hereunderto take place lac a.m, on the Nutter, McClennen & Fish, LLP in Hyannis, Massachusetts. It is agreed th�eeoffices of essence of this Agreement, is of the 5• OBSESSION ANn FOND FP l S Full possession of the Premises, free of all tenants and occupants excepted, and ex - Section 30 below, is to be delivered at the time of the delivery of the deed, thetPremisesdto in(a) in the same condition as they presently exist, reasonable wear and teat• exce be (b) in compliance with the provisions of instruments referred to in Section 9(d) hereof. 6• EXT" ENSION To ERFECT TITLE O ?ti R MI4ES CONFORM If the Seller shall be unable to give title or to make conveyance, or to deliver possession Of the premises, all as herein stioulated, or if, at the time of the delivery of the deed the Premises do not conform with the provisions hereof, then the Seller shall use reason=ble efforts to remove any defects in title, or to deliver possession as provided herein, or to a"ke the said Premises conform to the provisions hereof, as the case may be, in which event the t? Performance hereof shall be extended fora p eriod of me for not require Seller to expend more than S1,00(}, exclusive oi'(mOvntary 1Rns,onable efforts shall 7. FAILURE T PERFECT TITLF OR �iI F C V ORM C. If at the expiration of t14e extended time the Seller defects in title, deliver possession, or make the Premise con co sh allnform the do tremove any the case may be, all as herein agre„d, ttien, at the Buyer's option, to Provisions hereof, as y payments made under this agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this agreement shall be null and void and without recourse to the parties hereto. g• YE 'S ELECTION T CC PT TLE The Buyer shall have the election, at either the Original or any extended time for Performance, to accept such title as the Seller can deliver to the premises is their then condition and to pay therefor the purchase price without deduction, in which case the Seller shall convey such title. -2- JAN. 20. 2000 9:28AM NUTTER, MCGEENNEN NO. 6117 P. g. TITLE DEED Said Premises are to be conveyed by a good and sufficient quitclaim deed runningto the Buyer, to the Buyer's assignee, or to a nominee designaLed by the Buyer by written notice to the Seller given at least seven (7) days before the deed is to be delivered as provided herein, and said deed shall convey a good and clear, record and marketable and insurable (at ordinar premium rates), title to the Premises, free from all encumbrances, except: y (a) provisions of existing building and zoning laws; (b) such real estate taxes for the then current fiscal b on .the date of delivery of the deed; y� are not due and payable (c) any liens for municipal betterments assessed after the date of this agreement; and (d) easements, restrictions and reservations of record, if any, so long as the same do not prohibit or materially interfere with the Existing Use of the Premises as defined in Section 11 herein. 10. CERTIFICATE OF TITLE If the title to the Premises is registered, the deed shall be in form sufficient to entitle the Buyer to a Certificate of Title of the Premises, and the Seller shall deliver with the deed the Seller's Owner's Duplicate Certificate of Tide and any other instruments necessary to enable the Buyer to obtain a Certificate of Title. 11. DUE DI I NCE COiv7INGEN Seller currently utilizes the Premises as a rooming house, containing twenty five (25) rooms, with a maximum capacity of thirty four (34) people (the "Existing Use")_ The Buyer shall have until February 4, 2000 (the "Due Diligence Period") to conduct such due diligence as Buyer may deem, necessary to confirm the existence of all necessary permits, licenses and approvals for the Existing Use, the compliance of the Existing Use with all applicable laws, and the ability of the Buyer to continue the Existing Use. In the event that Buyer determines that the results of such due diligence are unsatisfactory, Buyer may, at Buyer's option, on or before the expiration of the.Due Diligence Period, withdraw from this transaction and all deposits therefore shall be refunded. 12. BUYER'S ENV QNLREYVLEW�PERIQDa Buyer shall, at Buyer's sole cast and expense and prior to the expiration of the Due Diligence Period, make or have made such studies, inspections and tests of the Premises as it desires regarding the condition of soils and subsurfaces of the Premises, which studies, -3- J.M. 20. 2000 9:2 NUTTER, MCCLENNEN NO. 6117 P. inspections and tests may include, without limitation, an asbestos survey, soil percolation tests and studies and an assessment of the Premises for the esence off any hazardous material, hazardous waste or hazardous substancectively y od' "Hazardous Substances'') as those terms are defined by any applicable federal state or ocal law, rule, regulation (Hereinafter collectively called "Applicable Environmental Laws,,), • terms shall also include, whether or not contained in the definitions in Applicable )� htch Environmental Laws, petroleum, solvents, asbestos, polychlorinated biphenyls and other chemicals which are dangerous to the envi obtained and reviewed at Buy ' ronment or to human beings, All Such items shall be ers sole cost and expense. In the event that the Buyer finds the condition of the Premises or the results of any of Buyer's tests, reviews, investigations, samples, examinations, or the like to be unsatisfactory in any manner to Buyer, in Buyer's sole and absolute discretion, the Buyer may at Buyer's option terminate this Agreement by giving written notice to the Seller, whereupon all deposits made hereunder shall be refunded to the Buyer, this Agreement shall termi nate and neither party shall have any rights or remedies hereunder, except as otherwise provided herein. The Seller hereby authorizes the Buyer, and its agents, employers and representatives to enter upon the Premises from titne to tune, upon reasonable advance notice, for the purpose of performing tlhe above inspections. The Buyer agrm (a) to indemnify and save harmless Seller from all costs, expenses or liabilities arisingout of the Buyer's riQ a the Premises, including without liiritation �t of access to the personal injury or property damage and (b) to promptly restore reasonably any disturbance to the surfacc- of the Premises. 13. TNS-tBRAN E Until the delivery of the deed, the Seller shall continue to maintain insurance on the PremLes in such a_noLats and with such coverage as is in existence on the date hereof, it being expressly understood and agreed chat there may not be any insurance currently in effect. 14. ADIU TN S Real estate taxes for the then current fiscal year and water and scwer use charges shall be adjusted as of the day of perforittance of this Agreement and the net amount thereof shall be added to or deducted frorn, as the case may be, the purchase price payable by the Buyer at the time of delivery of the deed. 15. D7USTMENT OF UNASSES ED AND A$, A��-gD TAXES If the amount of said taxes is not known at the time of the delivery of the deed, the shall be apportioned on P the basis of the taxes assessed for the receding year, with a y reapportionment as soon as the new tax rate and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced by abatement, the amount of such abaterneat, Iess the reasonable cost of obtaining the same, shall be apportioned between the -4- JAN. 20. 2000 9.- 29A.0 NUTTER, MCCLERIE:`l NO. 6117_F. 6 Parties, provided that neither party shall be obligated to institute or r an abatement unless herein otherwise agreed. P osecute proceedings for 16. POSI S/ UYER'S B ACH Bradley J. Bailey, Esq,, as Escrow Agent shall hold all deposits insured account. All deposits shall be held in a non-interest bearing In his IOLTA, FDIC account. If any dispute arises between the parties as to whether or not the Escrow Agent is obligated to deliver the deposits (or any interest on the deposits), the Escrow Agent is obligated to make any delivery, but may hold the funds until receiot of a written not- obligated by all persons having an interest in the dispute, directing n authorization In the absence of a written authorization, the Escrow Agent may tholdjt a fug un� f and' of the parties have been finally determined in an the rights Agent served in good faith, Buyer and Seller each agree rtotho harmless crow as Escrow damages, losses or expenses arising out of this Agreement or any action or failure to a t f-om including reasonable attorney's fees, related the. Buyer and Seller acknowled a that g ,the Escrow Agent may be counsel to one of the parties hereunder and agree that Escrow A e may continue to act as said counsel notwithstanding g nt respect to the deposit; or Escrow Agent's duties. any dispute of litigation arising With If the Buyer shall fail to fulfill the Buyer's Q by the Buyer shall be retained by the Seller as liquidated damagelns'w�deposits shall�be�tdhe hereunder sole and exclusive remedy at law and is equity. Seller's 17. ACCE1rANCE OF DEED The acceptance of a deed by the Buyer, its assignee or its nominee as the ease may be shall be deemed to be a full performanceY � herein contained or expressed, except such as are specifically statarge Of every ed hereagreement and obligation closing. Y d herein to survive the 18 SE OF URCHAS LE To enable the Seller to make conveyance as herein provided, the Seller may, at the time of delivery of the deed, use the purchase move or all encumbrances or interest e y an Y Portion thereof to clear the title of any or provided that all instruments so procured are recorded simultaneously with the delivery of said deed or provided that customary arrangements reasonably satisfactory to tlhe Buyer and the Buyer's title insurance company are made for subsequent recording. -5- f� NUTTER, McCLENNEN & FISH, LLP p ATTORNEYS AT LAW JUL ► 4 2000 u A tl f ROUTE 132-1513 IYANNOUGH ROAD TOWN OF BRRNSTABLE P.O.BOX SET ZONING BOARD OF APPEALS HYANNIS,MASSACHUSETTS 02601-1630 _ TELEPHONE:508 790-5400 FACSIMILE:508 771-8079 DIRECT DIAL NUMBER (508) 790-5431 E-MAIL ADDRESS cmc@nutter.com July 10, 2000 101024-3 Zoning Board of Appeals Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: 40B application for Aunt Sarah's Harbor View House, 93 Pleasant Street, Hyannis Ladies and Gentlemen: This correspondence is submitted on behalf of the Barnstable Housing Authority with reference to its Application for a Comprehensive Permit for Aunt Sarah's Harbor View House located at 93 Pleasant Street, Hyannis, Massachusetts. Background The Applicant is.currently the owner of the property depicted on Assessors' Map 326 Parcel 29. The property consists of 15,928 square feet in a residential district. The property is a .32 acre lot with an existing structure with 3,525 square feet of living area. It is located in the RB-1 Residential District. The Applicant is the owner of said property by deed dated February 16, 2000 and recorded at the Barnstable County Registry of Deeds at Book 12840, Page 147. The Applicant seeks a Comprehensive Permit under MGL Chapter 40 B section 20, for the rehabilitation of an existing structure to provide a total of thirteen units, 6 single room occupancy units with shared kitchen and bathrooms, 5 studio apartments and 2 one bedroom units. The property has most recently been utilized as a rooming house with a total of twenty- l , NUTTER, McCLENNEN & FISH, LLP t Zoning Board of Appeals July 10, 2000 Page 2 five rooms. All of the proposed units will be affordable and will be for the use of low-income individuals earning between fifty and sixty percent of the area's median income. The BHA proposes to upgrade and renovate the building and site, including reconfiguration and upgrade of interior units, landscaping, repaving the parking lot and improvement of the exterior appearance. All structural work will be conducted within the existing footprint. Copies of the floor plan have been submitted with the application. Comprehensive Permit Criteria Jurisdictional Eligibility Requirements The Barnstable Housing Authority is a public agency located at 146 South Street, Hyannis, MA. The Agency objective is to provide subsidized public housing resources to low and moderate income households, the elderly and handicapped individuals. The Agency is authorized to manage, develop and provide safe, affordable housing within the boundaries of the Town of Barnstable. The Barnstable Housing Authority currently has control of the site by ownership. A copy of the deed has been previously been submitted. The Applicant's proposal is fundable by the subsidizing agency the Barnstable County HOME Consortium, under the federal low- and moderate-income housing subsidy program, HOME Investments Partnership. The BHA will be submitting additional correspondence concerning standing under separate cover. Funding has been approved and committed to by the Massachusetts Housing Partnership Fund (MHPF). Accordingly, the Applicant meets all requirements of 760 CMR 31.01. Consistent With Local Needs There is an urgent need for affordable housing in the Town of Barnstable. As of 1997, the percentage of affordable housing stock within the town is 4.35%. This percentage is well below the 10% goal of MGL Chapter 40 B. Also, the Town of Barnstable has shown its commitment to remedying the lack of affordable housing. From Appeal No. 1997-10 - Parkside Senior Services, L.L.C., the ZBA in its decision stated "In light of the threatened loss of affordable housing units within the Town of Barnstable and throughout the region (Barnstable County) due to "expiring uses" and in view of the Town's current deficit in affordable housing units, it is consistent with local needs for the Town of Barnstable to ensure the long-term affordability of units for persons of low-income." I UTTER,. McCLENNEN & FISH. LLP Zoning Board of Appeals July 10, 2000 Page 3 f _ Relief Requested The Barnstable Housing Authority has applied for relief from Barnstable Zoning Ordinance 3-1.2 (1)(A) which states that the only principle permitted use in an RB-1 district is for a single family dwelling. In order to address the needs of the community and provide affordable housing, multi family units and single room occupancy units are vitally needed. The renovation and reconfiguration of this pre-existing residential dwelling will not negatively impact the neighborhood as there are currently many multi family homes in the area and the proposed project will be in keeping with the character of the neighborhood. Impacts on traffic, water resources, sewer and community and neighborhood character will all be reduced with concomitant enhancement and improvement of aesthetics. Under Barnstable Zoning Ordinance 4-2.9, the required amount of parking spaces would be 19 (1.5 spaces required for each of the 5 studio apartments and two one bedroom units, plus 1 visitor space and 1.2 spaces for each of the 6 remaining single room occupancy units). This requirement is 8 spaces more than the project is able to provide. Due to the central location of the project and the financial situation of the occupants, it is not anticipated that the need for parking will exceed the 11 spaces proposed. However, the BHA is the owner of an adjacent parcel located immediately to the north (Map 326, Parcel 27), which will be available to handle any overflow parking needs. Such use is contemplated and allowed under Section 4-2.10. Barnstable Zoning Ordinance 4-2.6 requires a parking lot for 5 or more cars to have a 50 foot landscape buffer. In that the number of spaces will not change, and in light of the parking area being in use prior to March 11, 1999, the landscaping requirements are not applicable. See Section 4-2.6(6). BHA will provide evidence that the subsidizing agency involved would be responsible for monitoring the development's continued compliance with the requirements that the number of units specified in the comprehensive permit as affordable would, in fact, be dedicated to eligible low and moderate income individuals and families. Conclusion The Barnstable Housing Authority project for Aunt Sarah's Harbor View House is consistent with local needs in that it will be providing much needed low-income housing in Hyannis. The project will address this local need without jeopardizing the health and safety of the occupants of the proposed project and the residents of the Town of Barnstable. The goals of this project can be accomplished with minimal relief from the Zoning Board of Appeals and will provide enhancements and benefits for the Town and the neighborhood. r r NtTTER. McCLENNEN & FISH, LLP Zoning Board of Appeals July 10, 2000 Page 4 With best regards, I am Sincerely yours, Patrick M. Butler PMB/cam 879198.1 Town of Barnstable ZoningBoard of Appeals IAMSTABM • p p 6 9. � Planning Department, 230 South Street, Hyannis, Massachusetts 02601 AjFDMp,�s (508) 862-4785 Fax(508) 862-4725 June 12, 2000 Royden Richardson, President Town Council John Klimm, Town Manager Town of Barnstable Town of Barnstable 367 Main Street, Hyannis, MA 02601 367 Main Street, Hyannis, MA 02601 Laura Shufelt, Chairman Robert Smith, Town Attorney Barnstable Housing Committee Town of Barnstable, Legal Department Town of Barnstable, Planning Department 367 Main Street, Hyannis, MA 02601 i 230 South Street, Hyannis, MA 02601 Robert Stahley, Chairman Thomas Lynch, Director Barnstable Planning Board Barnstable Housing Authority Town of Barnstable, Planning Department 146 South Street 230 South Street, Hyannis, MA 02601 Hyannis MA 02601 John Finegan, Chief of Police Chief Harold Brunelle Barnstable Police Hyannis Fire Department 1200 Phinney's Lane 95 High School Rd. Ext Hyannis, MA 02601 Hyannis , MA 02601 Thomas Mullen, Superintendent Maureen McPhee, Tax Collector Town of Barnstable, Department of Public Works Town of Barnstable 367 Main Street, Hyannis, MA 02601 367 Main Street, Hyannis, MA 02601 Robert Gatewood, Conservation Administrator Thomas McKean, Health Agent Town of Barnstable, Conservation Division Town of Barnstable, Health Division 367 Main Street, Hyannis, MA 02601 367 Main Street, Hyannis, MA 02601 Ralph Crossen, Building Commissioner Barnstable School Department Town of Barnstable, Building Division c/o Dr. Angela Castoria 367 Main Street, Hyannis, MA 02601 230 South Street, Hyannis, MA 02601 Margo Fenn, Executive Director Richard St. Onge, Jr., Chairman Cape Cod Commission Hyannis Main Street Waterfront Historic District 3225 Main Street 230 South Street Barnstable MA 02630 Hyannis, MA 02601 Enclosed is a package of materials submitted by the Barnstable Housing Authority to the Zoning Board of Appeals in accordance with MGL Chapter 40 B, Affordable Housing. The applicant is requesting a 13 unit Affordable Housing structure. The Comprehensive Permitting process designates the Zoning Board of Appeals as the single permitting agency. The Board would like to know if you have any concerns and /or issues that need to be addressed and resolved prior to its decision on this application. C/ The Board would also appreciate any suggestions into possible conditions to impose in the permit should it be issued. Those conditions should be developed to assure that the proposed development is: ' • environmentally sound, • provides a safe and secure place to live, • has provision for adequate transportation, public and private utilities and emergency services, • is constant with adopted local and regional plans and needs, and • is in the best interest of the Town and its residence. A Public Hearing on this permit will be held at 7:30 PM, July 19th, 2000 in the Town Hall Hearing Room. Staff will be forwarding all comments received to the Board on July 7, 2000: If you could provide.your review prior to July 7, 2000, for inclusion, it would be appreciated. Should you need additional information, please contact either David Palmer, Principal Planner for Community Development at 862-4681 or Art Traczyk, Principal Planner at 862-4685. Thank You, � S • W.- 1 tit Ron S. Jans n, Chairman cc: File Copy For Board use only:Comp.Perm.Application No. Date Rec'd. Hearing Date: TOWN OF BARNSTABLE Zoning Board of Appeals, ,� D 3'IZs�1�1,F1ttlaou= Town Hail. Hyannis. 11A_ 02601 J,g(129 'S F, 12: 1 ii��Z tirl °� APPLICATION for COMPREHENSIVEPERMIT 1• � i�j:j €; Made pursuant to M.G.L. Ch.40B, Secs. 20-23. and 760 C.M.R. 30.00 & 31.00) Note: Please s mit fifteen (15) copies of pages 1 and 2 of this completed application form and plats and documents listed in Item 19., together with a check a able p y to Town OF : [Only one (1) copy needs to be ruled of documents referred to in Items . boa 14-A. and 21-A.] Use supplemental pages if necessary to provide complete information called for by any item in this application, indicating name of applicant (Item 23 an name of development (Item 33 on each such page_ If an item is not applicable, please enter N/1 PLEASE TYPE OR PRINT NEATLY ALL ENTRIES_ 1.Applicant:(name).....BARNSTABLE HOUSING AUTHORITY 14 (address & tel.).......:..... 6"'south' Street. Hyannis. 50.8 ................... .....................).-771.........722 222...................................."""" MA 026... ( -.............................................................. ......................:..................................................... 2_Status of applicant: (check one): Public Agency X ; Non-Profit Org. : Ltd.- Dividend Org. 2-A- Attach documentary evidence of status. 3. Name of proposed development.....Aunt Sarah-I's Harbor View,House ........................ ..................................................................... 4. Type of development (check one): New construction ; Rehabilitation of existing structure(s) Patrick Butler Es Nutter, 5. Applicant's attorngy:(name)..............................'.......q.: ? , a 'McClennez� & Fs:Ti: LLP (address & tel.).......1513_.Iyanough„Road, Hya•Unis, MA Q26Q1 (50.8�J90.-5:400 ............................................ 6. Applicants architect:(name).. Alice. Oberdorf, AKRO Associates ... ..... ................................................................ (address & tel.)...310„Barnstable Road, Hyannis;, MA 02601 (508 778-6060 ..... ................................... 7_ Applicant's engineer:(name).........NA I ............................................................................................................. (address.& tel.)....... 8. Location of site by village and street(s)_-...Hyannis. .9.3 Pleasant �tx'eet -- .............................................. 9. Fire district and water supplier:......Hyannis annis..............:Fire.....&.....:..Water Distrtct ..........::............................................................ 10. Area of site in acres/sq.ft._......15,928 sq. ' ..........................................................................................:........... MAP 326 PCL 29 1 1_ Assessors map & parcel nos_ for site:................................................................................................ 1 1-A.Attach cony of assessors map(s) showing parcel(s) comprising site. 12. Zoning District(s) of site .......... RB"1..:........................................................................................................... 13. Is elimination of any existing street(s) proposed? ..NA. If so, give name(s):......NA.........::.......... 14. Applicants interest in site: (check one): Owner X ; Option to purchase ; Contract to purchase._ 14-A.Attach documentary evidence of interest in site. 15. Total number & type of housing units (& bedrooms) proposed:....................................................... 6 - Single Room Occupancy(SRO) Units with shared kitchen& bathroom$ ....... ............................ ..... 5 - Studio Apartments.. ............................................................................. 2 - One Bedroom Units ...........................................................................:................. ....................................................................:........... ........................................................................................:................................... 3 Total Units .............................................................................................................................................................................. 16. Number & type of low-or-moderate-income housing units (& bedrooms) proposed:................... ALL ..................................................................................................................:............................................:.......... ............................................................................................................................................................................. ............................................................................................................................................................................ (Rev 3 r TOWN OF BARNSTABLE Zoning Board of Appeals Page 2 APPLICATION for COMPREHENSIVE PE BARNSTABLE HOUSING AUTHORITY Aunt Sarah's Harbor View House Name of Applicant Name of Development Applicationllo_ 17. List of exceptions requested from local by-laws. codes and regulations: (Specify each exception with precise reference to applicable by-law, code or regulation.) Bulk Regulation Variance............... ...... ......... ................................................................................................................ . ... .................................. 3-1.,2 Multi Family 3-1 2.t5) Side Set Back Lot S' ze................................................................................................................. ............................................................................................................................................................................ ............................................................................................................................................................................ 18. List of approvals,,needed from other public agencies: (Identify each local, regional, state, and federal agency and specify the approval to be sought.) Hyannis Main Street Waterfront Historic District . . ........ .... ............................................................................................................................... Zoning Board of�.4ppeaYs ............................................................................................................................................................................ ........................................................................................................................................................................... ............................................................................................................................................................................ .............................................................................................................................................................................. 19. List of accompanying plans and documents submitted as part of this application.- (Identify each such plan and document by its title.) 1 , Site Plan .................................................. . ..........................................................................:............................................... 2. Schematic Drawings, .. ..... .................................................................................................._.............................................................. 20. List of supplemental pages used to provide full information called for by this application. .............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................................. 21. Subsidy agency (name and address) and fiinaneing program (name) involved_ continued attached Massachusetts- Housing Partnership Perm Plus. Program page.9 ..................................:................................................:...................... Two Oliver Street�,��Boston, MA 02..109. ............................................................................................................................................................................. 21-A.Attach documentary evidence of subsidy agency's determination of site-acceptability. This application for a Comprehensive Permit to build/rehabilitate low-or-moderate-income housing is made subject to the provisions of M6L Chapter 40B. Secs. 20-23. and 760 CMR 30.0 & 31.00. BARNSTABLE: HOUSING A.UTH:ORITY Name of Applicant S 2 a - 4 1q Auth ed Signature Date: Typed Name of A thorized Signatory Note: if any information or documentation submitted as part of this application changes during the course of its consideration. applicant should promptly supply such changed information .or documentation to the Board. making clear reference to the item. document or plan to be replace or updated thereby. (Rev. i Application for Comprehensive Permit BARNSTABLE HOUSING AUTHORITY Aunt Sarah'sHarbor View House App. No. 21. (continued) Subsidy agency (name and address) and financing program (name) involved. Banking -Compass Bank, 100 Old Kings Hywy, Sandwich,MA 02563. Grants - Rental Housing Program, Barnstable County, Main Street, Barnstable,MA 02630: Community Development Block Grant Program, Town of Barnstable. TOWN OF BARNSTABLE Zoning Board of Appeals Page 4 APPLICATION for COMPREHENSIVE PE BARNSTABLE HOUSING AUTHORITY Aunt Sa gh,t`,, Ha,xbb.r 'Vi\ew1 House Name of' Applicant Name of Development Appiicationfro. Listing of interested parties: Enter below the names and mailing addresses of • the owners of property abutting the site (i.e. abutters), • the owners of property abutting the abutters' property; • the owners of property across the street(s) from the site. all with their corresponding map and parcel numbers according to the records in the Assessors' Office at the date c this application. Please type or print only. .,Use additional separate page and so note if necessary. Map : Parcel Name __ Address Zip Coe SI✓� ATTA )0 .'IST........................................................................................................................................... . .................................................................................................... . ........................................................................................................ .................................................................................................... . ..................................................................................................... ......................................................:........................................................ .................................................................................................................. .................................................................................................................. ............................................................................................................... . ..................................................................................................................... ........................................................................................................................ ....................................................................................................................... ......................................................................................................................... ............................................................................................................................ ............................................................................................................................. .............................................................................................................................. . ........................................................................................................................... ................................................................................................................... .............................................,............................................................................... ........................................................................................................................... : ......................................................................................................................................... . ....................................................................................................................................... ...................................................................................................................................................... .......................................................................................................................................................... ..... .................................................................................................................................................................... ............................................................................................................................................................................. (Rev. Town of Barnstable BAANbTABM ' �� Assessing Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4022 ,x y. gib; Robert D.Whitty FAX: 508-862-4722 Director of Assessing April 13, 2000 As requested, I hereby certify the names and addresses as submitted on the attached sheets as required under Sec 11, Ch 40A of the Massachusetts General Laws. They appear on the most recent tax list with the mailing addresses supplied, excepting Parcel(s) 326/057/OOC and 327/128 which were missing or needed current ownership and/or mailing address information. r C L Jani a P. Sempri f c Manager A sistant Assessor 300 ft Abutters List - Map 326 Parcel 29 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters. The requestor of this list is responsible for ensuring the correct notification of abutters. Owner and address data taken from November 1999 Assessor's database. Mappar Ownerl Owner2 Address City Stat Zip Country DUMMY RECORD FOR CONDO PARCEL 326027 BARNSTABLE HOUSING AUTHOR'Y 146 SOUTH ST HYANNIS MA 02601 USA ✓ 326028 BUTTERWORTH,CAROL H PO BOX 192 NEWTONVILLE MA 02160 USA 326029OGEL,MICHAEL H TRS CAPE ANNE TRUST P O BOX 2248 HYANNIS MA 02601 USA 326056 BAXTER,HUDSON H — 149 PLEASANT STREET HYANNIS �MA 02601 USA 32605700A NANTUCKET HOUSE ASSOCIATES 23 INSTITUTE RD WORCESTER MA �01609 USA � 32605700B NANTUCKET HOUSE ASSOCIATES 23 INSTITUTE RD WORCESTER MA 01609 USA 32605700C COUTOUPIDIS,STAVROS&ASPASIA %LANDER&LANDER PC 160 COC19TUATE RD FRAMINGHAM MA 017 11 USA 32605700D GONCALVES,JOHN&LUCINDA 69 MILLVILLE STREET MENDON MA 01756 USA 32605700E MACLEOD,BURTON %GRIEVES,JAY M 125 PLEASANT ST#E HYANNIS MA 02601 USA � 32605700E KUKOWSKI,JOHN&HELEN R 125 PLEASANT ST#F HYANNIS �MA 02601 USA 32605700E MIRULLA,ALFRED& MIRULLA,BEATRICE I 7 AST SILVER WAVE HAMPTON NH 03842 USA ✓ MTR INN 32605700H IERBAY,SAMI H&NAZLI 151 TREMONT ST,#270 BOSTON MA 0211 I USA ✓ 326058 KERNER,MARCIA 9 CRAIG STREET MILTON MA 02186 USA 326059 CHRISTYS OF CAPE COD LLC CHRISTY MIHOS 105 PLEASANT ST HYANNIS MA 0260I USA 326060 SAWAYER,GARY M P O BOX 140 S DENNIS MA 02660 USA 326061 BARNSTABLE,TOWN OF(MUN) 367 MAIN STREET HYANNIS MA 02601 USA Wednesday,March 15,2000 Page 1 of 2 Mappar Owner Owner2 Address City Stat Zip Country 326126 JBARNST EVERLY F& SKENDE,VICTOR F 77 SOUTH ST HYANNIS MA 0-601 USA 326127 LE,TOWN OF(MUN) 367 MAIN STREET HYANNISMA 02601 USA 326128 C %DROUIN,PAUL F 104 PLEASANT ST HYANNIS MA 626 0 11 USA 326129 TULMAN,MICHAEL M TRS %KERNER,MARCIA 9 CRAIG ST MILTON MA 02186 USA 326130 WOODS HOLE MARTHAS VINEYARD NANTUCKET STEAMSHIP AUTHOTY BOX 248 WOODS HOLE MA 02543 USA 327118 BAXTER,WARREN T BAXTER,FLORENCE J C P O BOX 97 HYANNIS MA 02601 USA 327119 TRATT,ELLEN R TR THE TRATT REALTY TRUST TWO 391 HUCKINS NECK RD CENTERVILLE MA 02632 USA 327120 BRACKETT,THOMAS A 19 CHAPPAQUIDDICK RD CENTERVILLE MA 02632 USA � i✓ 327121 MCEVOY,ROSE A 56 PLEASANT ST HYANNIS MA 02601 USA ✓ 327128 ELLIOTT,JOHN H TR FUCHSIA REALTY TRUST 4551 GULF SHORE BLVD NAPLES FL 33940 USA N APT 180 327134 MCEVOY,MAURICE M MCEVOY,ROSE A 56 PLEASANT ST HYANNIS MA 02601 USA 327135 MCEVOY,MAURICE M 56 PLEASANT ST HYANNIS MA 02601 USA ✓ 327136 BARNSTA13LE HOUSING AUTHOR'Y 146 SOUTH ST HYANNIS MA 02601 USA ✓ 327137 MCEVOY,MAURICE M 56 PLEASANT ST HYANNIS MA 02601 USA _ _ ✓ 327138JB ODA,RITA L 76 SOUTH ST HYANNIS MA 02601 USA --- 327139OSEPH,JOHN E&JACQUELINE 72 SOUTH ST HYANNIS MA 02601 USA 327258OUCHARD,CELINA 83 SCHOOL ST HYANNIS MA 02601 USA -� —- ---- 327268 MCEVOY,MAURICE M t 56 PLEASANT ST HYANNIS MA 02601 USA Wednesday,March 15,2000 Page 2 of 2 327 r 1 04307 321 � pWP327 2 32t AU 32 145 u 327 1 7 # O #49 4 321 - N1AP32 ll _ 4z # 7 c Of s9 •12'1 1.'� A�3 ' AW w Wyk o �_i35 p 0 W 75 U ;U. AIAP327 C • 249. 321#- 14�.-_ ° F L f } OO k NY `,2 OMP 326 ®. s.. 124 f MN `- @° oQ 51,15 .y wp 47 n b 13326 7. 4�.• 4,' --- 1 53 a MAP 326 PARCEL 29 SCALE: 1"=ISO' W E S *NOTE: Planh iq tomrophy,and **NOTE:The parcel litres are only graphic representations DATA SOURCES: Planimeftta(man nmde features)were inwpreted from 1995 aerial photographs by The James vegetarowernappeftmoothfional of fly bamdarres.They are not fire locati 4 and W.Sooll Co parry.Topography and vegetation were interpreted from 1989 aerial photographs by GEOD Map Acarory Standards at a sob of do not represent actual relationships to physical&&lea Corporation. Planimetrics,topography,and vegetation were cropped to meet National Map Accuracy Standards 1°=1OD'. on the map, of a sale of 1"=100'. Parcel lines were digitised from 2000 Town of Barnstable Assesofs tax maps ...\gisxtl\barn\dgn\m326p29.dgn Apr. 14,2000 08:52:22 Property Location: 540 OLD COLONY RD HY MAP ID: 327/128/// Vision ID: 27550 Other ID: Bldg I Card 1 of 2 Print Date:06/12/2000 V MAW fil" r,LLIU I IL,JUMI n in Description Co e A,.::ppratsea value Assessed value FUCHSIA REALTY TRUST —CUM LAND --3urF-- 136,70( 136,7(F( 4551 GULF SHORE BLVD N APT 180 COMMERC. 3010 645,80( 645,80( 801 NAPLES,FL 33940 COMMERC. 3010 5,40( 5,40( Barnstable 2000,MA x Account 4 Z4ZZ50 :an Ret. ax Dist. 400 Land Ct# Per.Prop. #SR Life Estate #DL I Notes: VISION #DL 2 GIS ID: 7 otal 787,90 ELLIU 1 1,J UHIN n I 1K 1/19/1 W U I I_rx- Ir. (-Oae Assessed value Yr. Goae Assessed Value Yr. Code Assessed Value ELLIOTT,JOHN H C150952 11/19/199 U 1 1 1A 199,C juju ELLIOTT,JOHN H TR 11853/098 11/19/199f U 1 1 IA 199( 3010 645,80( 199f 3010 645,80( ELLIOTT,JOHN H 11853/089 11/19/199 U I I IA 1995 3010 5,40(199f 3010 5,40( ELLIOTT,JOHN H&FURMAN,JACK TRS C44935 Q 0 To 1.1 75'1'vUq -ro-FaT- 787,9999 0 :1 w).i'tout N", t Year jypelvescription Amount C oae Description Number Amount Lomm.Int. Appraised Bldg.Value(Card) 307,300 Appraised XF(B)Value(Bldg) 0 oa Appraised OB(L)Value(Bldg) 5,400 Appraised Land Value(Bldg) 136,700 N� Z R Special Land Value 'I,AI'NLP VALULD W11 H 327-127....... *MOTEL COMPLEX P Total Appraised Card Value 787,90( RICED WITH#327- Total Appraised Parcel Value 449,40( Valuation Method: Cost/Market Valuatio 127 HERITAGE HOUSE tal Appraised Parcel Value 787,9(M Permit ID issue lype Description mount Insp.Date YO amp. Date Comp. Co ments Date urpose esult H15FUU5 3/2/77 NC rG(FW_67rF77____M__HV 27UNII B19005 3/1/77 AH C 1/15/78 0 HY ADDIN B18306 4/2/76 NC 100,00( 6/15/76 100 HY 24UNIT B18306 4/1/76 NH C 1/15/77 0 HY MOTEL BY use Code Description Lone DProntage Deptn Units Unit Price L Pactor S.L U.Pactor Nblid. Adj. Notes-Adjl,5pecial Fricrng -�I s nit rice an« a ue I Julu MU I LLN -RET- __-3— 0.99 AC 1SrrE­_—_-T39,UUM 136,60( Total an unitj 0.9jAq -oTaT1_a_n-d-F5Tu_i 136,6m I Property Location: 540 OLD COLONY RD NY MAP ID: 327/128/// Vision ID:27550 Other ID Bldg#: 1 Card 1 of 2 Print Date 06/12/2000 E >..... :,,., t'P,.....:::M3 ... ........ ..'&......, «a. $£ ..-. _... ,:. _...... ,._�.. «. _...._.... ...,..,> a- .. ,....�.. .:a Element Cd. Ch. Description Conunerclat Data Etenwnik e ype 39 MotelElement Cd. Ch. Description Model 94 Commercial Heat Grade + + Frame Type 2 WOODFRAME Baths/Plumbing 2 AVERAGE Stories 2 2 Stories UBM 9 Occupancy 00Ceiling/Wall 8 TYPICAL ooms/Prtns 2 AVERAGE Exterior Wall 1 13 re-Fab Wood /o Common Wall 2 Wall Height 0 Roof Structure 3 able/Hip Roof Cover 3 sph/F GIs/Cmp nterior Wall 1 5 Drywall _.. v �, _ 2 ement o e Uescription Pactor Interior Floor 1 14 arpet Complex 2 Floor Adj Unit Location eating Fuel 6 Typical 93 7 Heating Type 4 Hot Air Number of Units C Type 1 None Number of Levels /o Ownership Bedrooms 9 Bedrooms Bathrooms 0 Zero Bathrms 0 Full N. rs. Mt a= na�. ease a e Total Rooms 24 24 Rooms ize Adj.Factor .79957 Grade(Q)Index 1.12 Bath Type Adj.Base Rate 5.37 Kitchen Style Bldg.Value New 87,839 17 Year Built 1976 ff.Year Built 976 45 rml Physcl Dep 21 uncnl Obslnc con Obslnc 40 . pecl.Cond.Code -w ?."''Ml pecl Cond% Code escri tion Percen a-Ee Overall%Cond. 39 eprec.Bldg Value 07,300 JUI Code escription LIff Units Unit Price Yr. Dp t NoUnd Apr. Value o a Description LIVIngArea Uross Area Eff .Area Unit Costeprec. value HAS k irst k loor , FUS Upper Story,Finished 5,47 5,47 5947 65.31 358,09 UBM Basement,Unfinished a 5,47 1,09 13.Ofi 71,64 t. Gross LivlLease Area 12,U51 Hiag , Property Location: 540 OLD COLONY RD HY MAP ID: 327/128/// Vision ID: 27550 Other ID: Bldg#: 2 Card 2 of 2 Print Date:06/12/2000 _. �' aws.,', �' ,s.. - :'n +xr�++�, ... wxa a a u ,_..+:. .«3. escrrptron Coae Appraised value ASSeSSea Value FUCHSIA REALTY TRUST 801 551 GULF SHORE BLVD N APT 180 COMMERC. 3010 645,80 645,80 APLES,FL 33940 COMMERC. 3010 5,40 5,40 Barnstable 2000,MA :.'k..g ,M,`.� y.b�LeE-,a ccounan Ref. ax Dist. 400 Land Ct# er.Prop. #SR VISION Life Estate DL 1 Notes: DL 2 GIS ID: Total 7 787,90 . . ....... .,:..., a._... a:.... ,..a.a.... .....>..� ,.i... .�iS.,ax...� .. s..e�,.s,�.^ �> 1.r... .u�,da+.. ,..,.x 6� '€+rz�„�°V2` .:,.•�:�u'u� ��„.:,: Y. Code Assessedvalue r. Code AssessedValue r. Code Assessed value LLIOTT,JOHN H C150952 11/19/199f U I 1 lA ELLIOTT,JOHN H TR 11853/098 11/19/199 U I IA 199 3010 645,80 199 3010 645,80 LLIOTT,JOHN H 11853/089 11/19/199f U I 1 lA 199 3010 5,40 199f 3010 5,40 LLIOTT,JOHN H&FURMAN,JACK TRS C44935 Q Total. 787,91jq 1 oa. oa. , I his signature aC no1V a ges a visit Dy a ata Collector or Assessor Year ype escrrptron Amount oa a Descriptron Number Amount Comm.Int. E s � s Appraised Bldg.Value(Card) 338,500 Appraised XF(B)Value(Bldg) 0 oa Appraised OB(L)Value(Bldg) 0 s Appraised al g)1 13 r0 Spec ial Land Value p an S e Total Appraised Card Value 787,90 Total Appraised Parcel Value 475,20 Valuation Method: Cost/Market Valuatio NetTotal AppraisedParcel Value 78799W ermit ID issue Date lype Description Amount Insp Datei Vo C.amp. Date omp. omments s<'3 ate urpose esu t Use Coae Description zone DITrontagel DepthUnits unit Price 1.Pactor acor otes- Pecr „.�n.crn� ni race an� Value ,< a u�e o es: otal Lananr o a an a u Property Location: 540 OLD COLONY RD HY MAP ID: 327/128/// Vision ID:27550 Other ID: Bldg#: 2 Card 2 of 2 Print Date:06/12/2000 ement Ca. Ch. Description r—ontmerclatData Elements Style/ ype 39 mote Element Ca. ch. Description Model 94 Commercial Heat Grade + + Frame Type 2 WOOD FRAME Baths/Plumbing 2 AVERAGE Stories 2 2 Stories UBM 8 ccupancy 00Ceiling/Wall 08 TYPICAL ooms/Prtns 2 AVERAGE Exterior Wall 1 3 re-Fab Wood /°Common Wall 2 Wall Height 0 Roof Structure 3 able/Hip Roof Cover 3 sph/F GIs/Cmp nterior Wall 1 5 Drywall 2 ement COW' Description 1,actor �nterior Floor 1 14 arpet omp ex 2 Floor Adj nit Location 7 eating Fuel 6 Typical 8 Heating Type 4 Hot Air Number of Units C Type 4 nit/AC Number of Levels /o Ownership Bedrooms 1 1 Bedroom Bathrooms 0 Zero Bathrms Ij 0 0 Full t ., s otal Rooms 7 na�. ase Rate icon e Adj.Factor .79365 Bath Type ade(Q)Index 1.14 12 YP '.Base Rate� 6.05 Kitchen Style dg.Value New 46,299 ar Built 1977 1 f.Year Built 1977 50 ml Physcl Dep 0 ncnl Obslnc Obslnc 40 pecl. on Code �° pecl Cond% Code Description Percenta a —Overall%Cond. 40 eprec.Bldg Value 338,500 • � Code Description Llff nits Unit Price Y r. Dp la VoCna value r z ode Description rving rea ross Area Area nr Cost nprec. Value rrsFloor , , FUS Upper Story,Finished 5,82 5,82 5,82 66.0 384,67 UBM Basement,Unfinished 5,82 1,16 13.21 76,94 th GrossLiylieaseArea g , Property Location: 540 OLD COLONY RD HY MAP ID: 327/128/ Vision ID: 27550 Other ID: Bldg#: 1 Card 1 of 2 Print Date:0611212000 01f w" "v W"M— ,9 MM Description— Code-47pmiseavatue Assessed value FUCHSIA REALTY TRUST —39lu IJOjUt 136,7ul 4551 GULF SHORE BLVD N APT 180 COMMERC. 3010 645,80( 64580( 801 NAPLES,FL 33940 COMMERC. 3010 5,40( 5:40( Barnstable 2000,AL4 X I V R FffFF � , ccoun n Rer, Tax Dist. 400 Land Ct# Per.Prop. #SR Life Estate #DL I Notes: VISION #DL 2 GIS ID: 7 oraj 1 787,90 1 787,9U 1,JUMN U IM U 1 11 A Yr. 'Code Assessed Va ue r. Code Assessed value Yr. Code A ssea lue G j"r qw, t" UM' ELLIOTT,JOHN H C150952 11/19/1991 U 1 1 IA -TWS-391v -JUIT— 156,701 ELLIOTT,JOHN H TR 11853/098 11/19/1991 U I I 1A 199f 3010 645 80(199f 3010 645,80( ELLIOTT,JOHN H 11853/089 11/19/1991 U 1 1 1A 199 3010 5,40(199f 3010 5,40( ELLIOTT,JOHN H&FURMAN,JACK TRS C44935 Q a I—7-oTaT-. 7 8 7,W, oa. 787,9(J(--TRaT- 853,5UC V This signs lire -fte- or A ssessor re acknowledges a visit by Data Co ctor Year ypelDescription Amount Code Description Number Amount LOMM.Int. Appraised Bldg.Value(Card) 307,300 Appraised XF(B)Value(Bldg) 0 Appraised OB(L)Value(Bldg) 5,400 Appraised Land Value(Bldg) 0 N Special Land Value 136,70 �4g 46��!A`juurlju w ill A H 327-127....... *MOTEL COMPLEX P Total Appraised Card Value 787990( RICED WITH#327- Total Appraised Parcel Value 449,40( Valuation Method: Cost/Market Valuatior 127 HERITAGE HOUSE ��o al Appraised Parcel Value 787,900 Permit ID issue Date lype Description Insp.Date Vo Comp. Date Coomp. o menis a rp s su t BIRO 3T2777---NC iou,00'--67r5777---T09 HY 27UNII B19005 3/1/77 AH 1 1/15/78 0 HY ADDIN B18306 4/2/76 NC 100,001 6/15/76 100 HY 24UNIT B18306 4/1/76 NH 1 1/15/77 0 HY MOTEL �-T B# Use Code Description one ID Trontagel Depin units I Unit Price L P actor S.I. I G.Pactor Nbha. Adj. I ivotes-Adjlopecuu Pricing Aaj. unit Price 1 3010—HOTEIES R81 4 3 U.95 AL !P2qUUU.U( 1.0 h Lu HYU8 1.5C SFUL(J.,UJU IN otes:ju isny---T3gv" 136 TotalLand-units U.9jAq —7-o7a-T1-a-n-a--Fa`ru-iq 13uwq Property Location: 540 OLD COLONY RD HY MAP ID: 327/128/// Vision ID:27550 Other ID: Bldg#: 1 Card 1 of 2 Print Date:06/12/2000 _ n . r. .. :.;, �, ems, .,. ,� � ,', ement escnption ommercu a a Elements StY e ype 39 Motelement Ca. Ch. Description Model 94 Commercial Heat Grade + + Frame Type 2 WOODFRAME Baths/Plumbing 2 AVERAGE 7 tories Stories BM 9 Occupancy 0Ceiling/Wall 8 YYPICAL ooms/Prtns 2 AVERAGE Exterior Wall 1 13 re-Fab Wood /a Common Wall 2 Wall Height 0 Roof Structure 03 able/Hip oof Cover 3 sph/F GIs/Cmp s Interior Wall 1 05 Drywall 2 Element Code Description ractor Interior Floor 1 14 Carpet omp ex 2 Floor Adj Unit Location eating Fuel 6 ypical 3 7 Heating Type 4 Hot Air Number of Units C Type 1 None Number of Levels /o Ownership Bedrooms 9 9 Bedrooms Bathrooms Zero Bathrms 0 0 Full na�. Base Kate otal Rooms 4 4 Rooms Size Adj.Factor 0 .79957 ade(Q)Index 1.12 Bath Type Adj.Base Rate 5.37 Kitchen Style Bldg.Value New 87,839 17 Year Built 1976 ff.Year Built 1976 45 rml Physcl Dep 21 uncnl Obslnc con Obslnc 40 pecl.Cond.Code pecl Cond% Code Liescripnon Fercenta a verall%Cond. 39 eprec.Bldg Value 07,300 Code Description 12B Units Unit Price Yr. Dp Rt 'loCnd Apr. Value NS'Y�a Code Description LivingArea UrossArea Lff.Area unit LON n eprec. value irs oor 5,_471 , FUS Upper Story,Finished 5,47 5,47f 5,47 65.31 358,09 UBM Basement,Unfinished C 5,47 1,09 13.0 71,64 t. ross iv ease Area , g Val: 787,83 Property Location: 540 OLD COLONY RD HY MAP ID: 327/128/// Vision ID:27550 Other ID: Bldg#: 2 Card 2 of 2 Print Date:06/12/2000 . ,.., 5 k sse•. ement Cd. Ch. Description Commerclatu a emen s Style/ ype 39 MotelElement Description Model 94 Commercial Heat Grade + + Frame Type 2 WOODFRAME Baths/Plumbing 2 AVERAGE Stories 2 2 Stories UBM g Occupancy 00Ceiling/Wall 8 TYPICAL ooms/Prtns 2 AVERAGE xterior Wall 1 13 re-Fab Wood /o Common Wall 2 Wall Height 10 Roof Structure 3 able/Hip Roof Cover 3 sph/F GIs/Cmp Interior Wall 1 5 Drywall 2 ement Loae Description Pactor Interior Floor 1 14 Carpet omp ex 2 Floor Adj nit Location eating Fuel 6 Typical 8 Heating Type 04 Hot Air Number of Units C Type 04 nit/AC Number of Levels /a Ownership Bedrooms 1 1 Bedroom Bathrooms 0 Zero Bathrms 0 FullEa� . ... Total Rooms 7 na j.ease Rate ize Adj.Factor 79365 ode(Q)Index 1.14 2 ath Type dj.Base Rate 6.05 Kitchen Style 3ldg.Value New 46,299 ear Built 1977 ff.Year Built 1977 50 rml Physcl Dep 20 uncnl Obslnc con Obslnc 40 pecl.Cond.Code .�.. , pecl Cond% Code Description PercentqLe verall%Cond. 40 eprec.Bldg Value 38,500 Code Description Llff I Units U nitP rice R r. D p At 7OLna .pr. value 7 Cp, KI code Description LiVingArea Gross Area Lff.Area Unit Gosl unaeprec. a ue BAS First Floor 5,81 FUS Upper Story;Finished 5,82 5,82 5,824 66.0 384,67 UBM Basement,Unfinished 5,824 1,16 13.21 76,94 Gross Llv ease Area g Val: Property Location: 540 OLD COLONY RD HY MAP ID: 327/128/// Vision ID: 27550 Other ID: Bldg#: 2 Card 2 of 2 Print Date:06/12/2000 g ELL10 IT, .:.... .,r:r<_,..a...r M ,.e�.c»d...�,._ s. .., .:u✓a. :6,'. c.3:`n . .,X�i' - hq. .m,Y<�aF JiR, L escription o e jAppraised at ue ssesse a ue FUCHSIA REALTY TRUST 551 GULF SHORE BLVD N APT 180 COMMERC. 3010 645,80 645,80 801 APLES,FL 33940 COMMERC. 3010 5,40( 5,40( Barnstable 2000 MA VNum- C, -nt 9 Altz.A80 Plan Ref. _ ax Dist. 400 Land Ct# er.Prop. #SR VISION Life Estate DL 1 Notes: DL 2 GIS ID: Totaj 787,90 . _ ...-._;w�, 's 1' �. •f-�'ci' _ UIDUY�J Illy/ . . '.'a• d _ 'w_. -,�s ., ..��. <. r. Loae Assessed Value Yr. Code Assessed Value Yr. Code Assessed value LLIOTT,JOHN H C150952 11/19/199 U I 1 IA , LLIOTT,JOHN H TR 11853/098 11/19/1991 U I 1 IA 1999 3010 645,80 199f 3010 645,80 LLIOTT,JOHN H 11853/089 11/19/199f U I I 1A 199 3010 5,40 199f 3010 5,40 LLIOTT,JOHN H&FURMAN,JACK TRS C44935 Q oa. 787 —ro—fa.l 787, o553,50( r a is signature acknowledges a visit Y ata o eetor or Assessor ear lypelvescription Amount o e Description Number mount omm.Int. Appraised Bldg.Value(Card) 338,500 Appraised XF(B)Value(Bldg) 0 o a Appraised OB(L)Value(Bldg) 0 Appraised sed Lan Value B136,700 r�• Special Land Value Total Appraised Card Value 787,90 Total Appraised Parcel Value 475,20 Valuation Method: Cost/Market Valuatioin e o al AppraisedParcel Value 787,90 .... ...... 3... <, , ..._: ':,� Y"r. :.. <r:, ... � �.. �:.:: �tr. �-..., ,<.. �<. ,2be;.y,R .•, � �•,r e P t�':? i.',iF..,::' ... .....r »^ d„�:.. ......-.: .,.A;::. r" <. e »+L' :'a.•z.<...,. ,n ... .+» >ax 'w Y r.... ........ ... ,. .,.. w .t-„ i°sl ,.. ..n, er,..rs+-..»._ 'L..-.... .<..:' �; •.a-�. .a�€»� s.�.. �,arv� Permit Issue ate ype Description mount Insp. ate o�Comp. ate omp. omments ate purpose esu t Wr + , . ,. � ._. ._.. .. .a..r.x,a' ,w3 .:,. ..,...a,'. .., V,-a':. •a .:... » '£ "eta%x �'_^^ ..¢'-� ie;:. _. .,,"�_,:.,... ,•< 3..- •. ..�-.._.R,�s:....,,._, ,,.N�:Rn. .5�• .,.�, �:c.., a,<�.,:�. wcb�a° Tx:..� - ;�';'�r...:L�- Use o e escription one rootage Depth its Unit Price L Eactor actor Nbhd. Adj. Notes- pecia ricmg nit rice a a ue M—HY09---T.m Total an m oral Lanaau Property Location: 125 PLEASANT STREET MAP ID: 326/057/OOC// Vision ID: 27349 Other ID: Bldg#: I Card 1 of I Print Date:0611212000 A� FUN% udu I ddi�JLIPIS,SIANKOS Description cu:oae'!' Appralsea'Palue Assessea Patue %LANDER&LANDER PC MIEN I L --T02U— 115'Jut 801 160 COCHITUATE RD FRAMINGHAM,MA 01701 Barnstable 2000,MA ccoun an ea. ax Dist. 400 Land Ct# Per.Prop. #SR Life Estate #DL I Notes: VISION #DL 2 GIS ID: lotal 115,30 'n� 'wi mm=mw W 4 Rt�W, WaT, COUIOUPIDIS,b1AVKV0&AnrAbl-A q-10-IL 12/13/195t IJ7,UUC Yr. COae Assessed value Yr. G0ae Assessed value Yr. Loae Assessea value LITCHARD,CORYDON K C16- Q 19501 luzu I 1!)'4uC lyya luzu 11692ut Io 1151!9— Total:. ::75M—-7 otal: 8Y,2uc I his signature acK now leages a visit by auata Collector or Assessor Ryffix Year ypenjescription Amount Code Descrip ran Number mount Co in.Int. Appraised Bldg.Value(Card) 112,300 Appraised XF(B)Value(Bldg) 3,000 Appraised OB(L)Value(Bldg) 0 70tali Appraised Land Value(Bldg) 0 x Special Land Value Total Appraised Card Value 115,30( Total Appraised Parcel Value 115,30( Valuation Method: Cost/Market Valuatio etTotal Appraised Parcel Value 115,300 k t 'u, P P ur as ermit ID Issue Date lype Description Amount Insp.Date 0 Co Date Camp. Comments Date F U?Tp 0 UTOS s esult 3 up B# Use Code Description one I D Prontage Depth Units Unit Price L actor S.I. C.Pactor lVbhd. Adj. Notes-Adil3pecial Prici—ng --AQTj-.. unit rice an Value 1 1020 Uonaominiu ULD 4 U.01 SF 62.7! LOU 5 Lutj u52U--T-.ffSPL'L-MU)1N-0tes: 10U.0c Total an unull 6taT—ra, au Property Location: 125 PLEASANT STREET MAP ID: 326/057/OOC// Vision ID:27349 Other ID: Bldg#: 1 Card 1 of 1 Print Date:06/12/2000 Element Description 4-oninterclatDard Elements Style/Type 55 on omtmum Element Description Model 1 Residential ea Grade C C Frame Type Baths/Plumbing Stories Stories Occupancy 0 eiling/Wall ooms/Prtns Exterior Wall 1 14 Wood Shingle /o Common Wall Z Wall Height Roof Structure 03 able/Hip Roof Cover 03 sph/F GIs/Cmp Interior Wall 1 05 rywall �. 2 ement o e escrtptton actor interior Floor 1 14 Carpet Complex Z Floor Adj 100 Unit Location zoo MA 200 eating Fuel 4 lectric Heating Type 9 Typical Number of Units C Type 1 None Number of Levels /o Ownership Bedrooms 2 2 Bedrooms r .:Bathrooms 2 2 Bathrooms g� �� k'g� � �_ �' 0 2 Full unadj.Base Kate Total Rooms Rooms Size Adj.Factor 1.08729 rade(Q)Index 1.01 ath Type Adj.Base Rate 120.80 Kitchen Style Bldg.Value New 147,738 Year Built 1973 ff.Year Built 1973 rml Physel Dep 24 uncnl Obslnc con Obslnc pecl.Cond.Code Code escri ,ton ercenta a Overall%Cond. 6 on JLVV eprec.Bldg Value 112,300 Ivy <9 R. _. _.. . � .. , o e F Description nits snit rice Yr. LipKt 'loCnd Apr. <a ue Bsmt Garage , . •5..�k Code �Description tying rea ross rea Ajj.Area unit� ost undeprec. a ue trs oor , WDK Wood Deck 0 132 13 11.9c 1,57 t. Gross LivlLease Area g a , y h 3 n CompassBa February 3, 2000 Barnstable Housing Authority Thomas Lynch, Executive Director 146 South Street Hyannis, MA 02601 RE: Aunt Sarah's Redevelopment Dear Mr. Lynch: I am pleased to inform you that the Compass Bank for Savings (hereinafter, the "Bank") has approved a $185,000 Commercial Term Loan (the "Loan"). After reading this commitment letter, please don't hesitate to contact me personally with any questions you may have. The terms and conditions of the Loan are as follows: Borrower(s): Barnstable Housing Authority Amount: S 185,000 Term: The Loan shall mature six (6) month(s) from the date of closing. Purpose: The proceeds of the Loan will be used by Borrower(s) for the purchase of property located at 93 Pleasant Street, Hyannis, MA.. Interest Rate: Eight and three quarters percent (8.75%) per annum. Interest shall be computed on the basis of a three hundred sixty (360) day year counting the actual number of days elapsed. 100 Old IC -s Hiali%�•a%-.P0, Box 959,Sandwich,NMA 02563 (508) S88-0026 �rn"v.compassbankxom C CompassBank _ February 3, 2000 Barnstable Housing Authority Thomas Lynch, Executive Director 146 South Street Hyannis, MA 02601 RE- Aunt Sarah's Redevelopment Dear Mr. Lynch: I am pleased to inform you that the Compass Bank for Savings (hereinafter, the "Bank") has approved a $185,000 Commercial Term Loan (the "Loan"). After reading this commitment letter, please don't hesitate to contact me personally with any questions you may have. The terms and conditions of the Loan are as follows: Borrower(s): Barnstable Housing Authority Amount: $ 185,000 Term: The Loan-shall mature six (6) month(s) from the date of closing. Purpose: The proceeds of the Loan will be used by Borrower(s) for the purchase of property located at 93 Pleasant Street, Hyannis, MA.. Interest Rate: Eight and three quarters percent (8.75%) per annum. Interest shall be computed on the basis of a three hundred sixty . (360) day year counting the actual number of days elapsed. 100 Old Kings Highway,P.O. Box 959,Sandwich,NM A 02563 (508) 885-0026 wwwcompassbank.com Repayment: Interest on the outstanding principal balance of the Loan will be paid at maturity. Principal will be due and payable six months from the date of the loan. .Prepayment: The Loan may be prepaid at any time without premium or penalty. Commitment Fee: A ''/z percent ($925) non-refundable commitment fee on the principal amount of the Loan is due and payable upon acceptance of this commitment. Security:A first mortgage on real estate being purchased by Borrower(s) located at 93 Pleasant Street, Hyannis, MA having an unencumbered market value equal to or greater than S210,000. Specific Provisions: In addition, the Loan documentation will contain the following specific provision(s): (a)Borrower(s) will maintain its primary depository accounts with Bank. (b)Any and all indebtedness of Borrower(s) owed to its shareholders, officers or affiliated entities, if any, will be subordinated to all of Borrower(s)' obligations to the Bank under or in connection with the Loan on terms acceptable to Bank. (c)The Loan documentation may, at the option of the Bank, include standard terms and conditions, positive and negative covenants, and defaults, including, but not limited to, no further indebtedness or encumbrances being incurred or permitted, restrictions on dividends and distributions, no changes in ownership/management, the occurrence of an Event of Default under the Loan documentation upon the occurrence of an event of default under any other obligations of the Borrower(s) or the Guarantor(s) to the Bank or others, etc. 2 Late Charge: The Loan documentation will contain provisions whereby monthly payments of principal and interest which are delinquent for more than fifteen (15) days after the date on which they are due may be subject to a late charge of up to five percent (5%) of the overdue payment and/or may bear interest at a rate per arnum equal to four percent (4%) above the Interest Rate. Financial Reporting Requirements: Borrower(s) and/or the Guarantor(s), as appropriate, shall deliver to Bank: (X) Audited annual financial statements in form and substance acceptable to Bank within ninety(90) days of Borrower(s)' year end prepared;by a certified public accountant acceptable to Bank. Pre-Closing Items: Borrower(s) shall have submitted to Bank on or before the closing date of the Loan all documents, certificates, information and materials relating to the Loan, any security for the Loan, the Borrower(s) and any Guarantor(s) as the Bank shall require, all in form and substance satisfactory to Bank. Without limiting the generality of the foregoing, the following are additional conditions to the closing of the Loan: (a)All Loan documentation and related closing documents will be in form and substance satisfactory to Bank and its counsel. (b)Borrower(s) will provide Bank copies of insurance policies or other satisfactory evidence of hazard, property, flood and liability insurance in form, substance and amounts and issued by such companies as shall be satisfactory to Bank. Such policies shall name Bank as mortgagee, loss payee and/or additional insured, as shall be required by Bank, and shall contain a non-cancellation provision without twenty (20) days prior written notice to Bank. (c)Prior to the closing, there shall not have occurred in the opinion of Bank any material adverse change in Borrower(s)' or Guarantor(s) business operations or financial condition. (d)Borrower(s) must presently be and remain in compliance with all state and federal laws and regulations, including laws and regulations already promulgated with future effective dates. 3 (X) Borrower(s) will deliver to the Bank an ALTA mortgagee's title insurance commitment in form approved by Bank, insuring Bank's mortgage in an amount not less than $ 185,000 subject only to such liens and encumbrances as the Bank and its counsel may approve. (X) An Environmental Questionnaire/Audit/Site Assessment with respect to any real estate collateral as required by Lender will be required. (X) An up-to-date appraisal of all real estate collateral satisfactory to the Bank will be required. Approved and in file Indemnification and Expenses: All expenses connected with the Loan, including without limitation, the cost of title insurance premium and charges, recording fees, cost of preparation of documents, appraisal fees, fees for environmental due diligence, Bank counsel fees, flood hazard determination fees and tax service fees, shall be borne by Borrower(s), whether or not the Loan closes and whether or not this commitment is terminated for any reason. Borrower(s) hereby indemnifies the Bank and asrees to hold the Bank harmless against claims of brokers arising in connection with the execution of this commitment by the Bank or the consummation of the Loan. Casualty, Condemnation or Litigation: The Bank shall not be obligated to make any disbursement of the Loan if any condemnation proceeding or litigation is pending or threatened against Borrower(s), any Guarantor(s) or any real estate collateral, or if any damage or destruction occurs to any real or personal property securing the Loan. Termination: The Bank shall have no obligation to close the Loan and the Bank's oblications under this commitment shall forthwith terminate without the requirement of any notice to Borrower(s) in the event of(1) any bankruptcy, receivership or similar proceeding with respect to Borrower(s) or any Guarantor(s), (ii) the proving false of any representations, information, exhibits, data and other materials included in or submitted with or in support of Borrower(s)'s application for the Loan or failure to include therein any material information concerning the financial or other condition or operations of the Borrower(s) or any Guarantor(s), (iii) any material adverse change in the financial or other condition 4 of the Borrower(s) or any Guarantor(s), (iv)failure of Borrower(s) to comply with the terms and conditions of this commitment letter; or (v) any collateral offered for the Loan or any documents, instruments, agreements or information furnished to the Bank pursuant to this commitment are not in all respects satisfactory to the Bank in form and substance. Sale or Default: The entire balance owing shall become due and payable immediately upon default under the Loan documentation or upon the sale, conveyance, or further encumbrance of any real estate collateral for the Loan. Governing Law: This commitment letter shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Assignability:This commitment shall not be assignable by the Borrower(s). Modifications: This commitment may be amended only in writing executed by Borrower(s), the Bank and any Guarantor(s). Entire Agreement: This commitment constitutes the entire obligation of the Bank, and no covenant, promise, agreement, or undertaking of any kind or nature not specifically set forth herein shall be binding upon the Bank. Time and Closing: Time is of the essence of each and every term, condition, and provision of this commitment. The Loan shall close on or before April 2, 2000. Acceptance: This commitment shall remain open for your acceptance until February 10, 2000 and shall be void as regards the obligations of the Bank hereunder if written acceptance is not received by the Bank on or before the close of business on such date together with any commitment or facility fee initially required hereunder._ Subject to a copy of the vote by the members of the board of directors of the Barnstable Housing Authority authorizing the this borrowing. Subject to any other terms and conditions as may be required by Bank's counsel. I 5 Upon receipt of the signed original of this commitment letter denoting your acceptance of the terms and conditions together with the commitment fee, we will forward this loan to Attorney Patrick Butler as requested. If you have any questions, please do not hesitate to contact me at (508) 833-7213 or e-mail me at maryanna amcompassbank.com Sincerely; COMPASS BANK FOR SAVINGS By. Mary ones Vice President Accepted and Agreed to this %1'day of BORROWER(S): Barnstable Housing Authority By: (Revised 3/98) H:\winword\2000maa\bha\c1020300.wpd 1 '— '-_----'FOR SECURITY PURPOSES.TINE BORDEN OF TIIIS OOCUMENTCONTAINS MICHOPNWTING:-�-:::__.:_�_ _•___:,—_-_______ BARNSTABLE HOUSING AUTHORITY 53-574/113 135 RENTAL ACQUISITION PROGRAM 146 South Street I Hyannis,MA 02601 a DACL A 000 I n 11 UItUI31t OF �(d,:/.5! �� r I ' k(�e /l�� I wtic / I�( ( , P-LD .Gt ��G'l/�f� DOLLARS C� 4 II CAPE COD BANK 3 TRUST COMPANY • ; MASSACHUSETTS I� FOR il•i, i.. � �. 5��. iC_� �`�^'1t 11200013511' 1:01 13057491: 1010.28494 911' Au I NATURE "— ----- •_===_ _--__ TIIIS DOCUMENT INCLUDES A SECURITY SCREEN ON BACK OF THE CIIECKFS AIR p�THE> Barnstable Telephone(508)771-7222 •`� Fax(508) 778-9312 { »n Leased Housing Dept. 508 Housing Authority b p n( '771-7292 146 South Street•Hyannis,Mass.02601 No. 99-91 EXTRACT FROM MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A SPECIAL MEETING OF THE MEMBERS OF THE .BARNSTABLE HOUSING AUTHORITY HELD ON NOVBER 29, 1999. The members of the Barnstable Housing Authority met in special session at 200 Stevens Street , Hyannis, Massachusetts, at the place, hour and date duly posted for the holding of such meeting. The Chairman called the meeting to order and upon a roll call the following answered present: Arthur F. Kimber, Chairman Paula Schnepp, Vice Chairman Richard A. Cross, Jr., Treasurer Upon motion by Richard A. Cross, Jr., that was seconded by Paula Schnepp it was unanimously Voted by Board Resolution to have the Executive Director and the Chairman, following a review of the P & S Agreement on 93 Pleasant Street, Hyannis, be authorized to enter into said Agreement. All present voted in the affirmative and the Chairman declared the motion approved. I certify that this is a true and correct copy of the motion and that such action took place at a properly posted and held meeting of the Authority. Thomas Ozynch Executive Director _ QU I Date of Certification Equal Housing Opportunity Agency JAN. 20. 2000 9:27A!,1 NUTTER, b1CCLENNEN NO. 6117 P. 2---—`— R E ND G E In consideration of the mutual promises of the parties hereto and of the mutual benefits to be gained from the performance thereof, the parties hereto hereby agree as follows: Richard A. Arenstrup, Trustee of Cape Anne Trust, under Declaration of Trust dated ]tine 4, 1985,;recorded with the Barnstable County Registry of Deeds in Book 4564, Page 67, having a mailing address of Richard Arenstrup, P.O, Box 2248, Hyannis, MA 02601 (hereinafter referred to as the "Seller") agrees to sell, and The Barnstable Housing Authority, a municipal authority, having an address of 146 South Street, Hyannis, MA 02601 or.,a nominee designated in accordance with Paragraph 9 hereof(hereinafter referred to as the *Buyer") agrees to buy, upon the terms and conditions hereinafter set forth the following described premises. 2. P E SE The property which is the subject of this Agreement is known as and numbered 93 Pleasant Street, Hyannis, Barnstable County, Massachusetts, shown on Barnstable Assessor's Map 326 as Parcel 29, (for Seller's title, see Deed recorded in Book 4564, Page74, the "Land"), together with all improvements, and all rights, privileges, easements and appurtenances to the Land, including, without limitation, all easements, rights-of-way, and other appurtenances with others used or connected with the beneficial use or enjoyment thereof is common hers entitled thereto (the Land and all such other improvements and rights being hereinafter collectively called the "Premises"), such purchase and sale to include such other rights and property, and to be on such terms and conditions, as follows: 3. PURCHME_pRTCE The purchase price for the Premises and for all other rights and property to be sold hereunder is One Hundred Eighty Five Thousand ($185,000,00) Dollars, of which $ 18,500.00 shall be paid on this date as a deposit. 166,500.00 are to be paid at the time of the delivery of the deed by certified, bank or cashier's check. $ 185,000.00 TOTAL JAN. 20. 2000 9:27Ab1 NUTTER, MCCLENNEN NO. 6117— F. 3~-- 4' Tl—�FAR PERFORMAIYC • nor rvLDy OF D ED The deed is to be delivered and the closing shall take place at 10:W a.m, on the eighteenth (18`') day of February, 20W, the closing hereunder to take lace Nutter, McClennen & Fish, LLP in Hyannis, Massachusetts It is agrees that time is isf oes f the essence of this Agreement. 5• OSSE.SS N OND p S Full possession of the Premises, free of all tenants and occupants except as provided Section 30 below, is to be delivered at the time of the delivery of the deed, the Premises to be then: (a) in the same condition as they presently exist, reasonable wear and tear excepted, and (b) in compliance with the provisions of instruments referred to in Section 9(d) hereof. 6• EXTEN ON T E CT IT E i xF PR 4gc CONFOR If the Seller shall be unable to give title or to make conveyance, or to deliver possession of the Premises, all as herein stipulated, or if, at the time of the delivery of the deed the Premises do not conform with the provisions hereof, then the Seller shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said Premises conform to the provisions hereof, as the case may be, in which event the time for performance hereof shall be extended for a period of thirty (30) days. Reasonable efforts shall not require Seller to expend more than$1,000, exclusive of monetary liens, 7. FAILURE T PE FELT TITLE OR MAKI; PRF �I4p� pN ORM ETC. If at the expiration of the extended time the Seller shall have failed so to remove an defects in title, deliver possession, or make the Premises conform to the rovisiv y the cage may be, all as herein agreed, then, at the Buyer's p hereof, as y option, any payments made under this agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this agreement shall be null and void and without recourse to the parties hereto. 8• YE 'S ELECTION T CC PT T The Buyer shall have the election, at either the original or any extended time for performance, to accept such tide as the Seller can deliver to the Premises is their then condition and to pay therefor the purchase price without deduction, in which case the Seller shall convey such title, -2- JAN. 20. 2000 9:28A iM NUTTER, MCCLENNEN NO. 6117 P. 4-- ---- 9. TITLE DEED Said Premises are to be'conveyed by a:good and sufficient quitclaim deed rung to the Buyer, to the Buyer's assignee, or to a nominee designated by the Buyer by written notice to the Seller given at least seven (7) days before the deed is to be delivered as provided herein, and said deed shall convey a good and clear, record and marketable and insurable (at ordinary premium rates), title to the Premises, free from all encumbrances, except: (a) provisions of existing building and zoning laws; (b) such real estate taxes for the then current fiscal year as are not due and payable on the date of delivery of the deed; (c) any liens for municipal betterments assessed after the date of this agreement; and (d) easements, restrictions and reservations of record, if any, so long as the same do not prohibit or materially interfere with the Existing Use of the Premises defined in Section 11 herein. as 10, !QERTIFICATE OF TILE If the title to the Premises is registered, the deed shall be in form sufficient to entitle the Buyer to a Certificate of Title of the Premises, and the Seller shall deliver with the deed the Seller's Owner's Duplicate Certificate of Title and any other ins trufnents necessary to enable the Buyer to obtain a Certificate of Title. I1. DUE DILIGENCE CONTINGENCY Seller currently utilizes dhe Premises as a rooming house, containing twenty rooms, with a maximum capacity of tf2irt four 34 u>mg �' flue (25) shall have until February 4, 2000 (the "Due Dil genceePeriod")t"Existing such dine Buyer as Buyer may deem necessary to confirm the existence of all necessary permits, licenses and approvals for the Existing Use, the compliance of the Existing Use with all applicable laws, and the ability of the Buyer to continue the Existing Use. In the event that Buyer determines that the results of such due diligence are unsatisfactory, Buyer may, at Buyer's option, on or before the expiration of the Due Diligence Period, withdraw from this transaction and all deposits therefore shall be refunded. 12. BUYER'S ENVIRONMENT-AL INSPECTION REVIEW PERIODS Buyer shall, at Buyer's sole cost and expense and prior to the expiration of the Due Diligence Period, mak- or have made such studies, inspections and tests of the Premises as it desires regarding the condition of soils and subsurfaces of the Premises, which studies, -3- JAN. 20. 2000 9:2811.1M NUTTER, MCCLENNEN NO. 6117 P. 5—"""'---- inspections and tests may include, without limitation, an asbestos survey, soil borizgs, percolation tests and studies and an assessment of the Premises for the presence of hazardous material, hazardous waste or hazardous substance ere' y oil, "Nazar (hereinafter cocoI ectiv dour Substances") el cal aces ) as those terms are defined by any applicable federal, state or Iocal led Iaw, rule, regulation (hereinafter collectively called "Applicable Environmental Laws"), which terms shall also include, whether or not contained in the definitions in Applicable Environmental Laws, petroleum, solvents, asbestos, polychlorinated biphenyls and other chemicals which are dangerous to the environment or to human beings. All such items shall be obtained and reviewed at Buyer's sole cast and expense. In the event that the Buyer finds the condition of the Premises or the results of any of Buyer's tests, reviews, investigations, samples, examinations, or the like to be unsatisfactory in any manner to Buyer, in Buyer's sole and absolute discretion, the Buyer may at Buyer's Option terminate this Agreement by giving written notice to the Seller, whereupon all deposits made hereunder shall be refunded to the Buyer, this Agreement shall terminate and neither party shall have any rights or remedies hereunder, except as otherwise provided herein. The Seller hereby authorizes the Buyer, and its agents, employees and representatives to enter upon the Premises froin time to tune, upon reasonable advance notice, for the purpose of performing the above inspections. The Buyer agrees (a) to indemnify and save harmless the Seller from all costs, expenses or liabilities arising out of the Buyer's right of access to the Premises, including without Iimitation, personal injury or property damage and (b) to promptly restore reasonably any disturbance to the surface of the Premises. 13, INSUR&.N Until the delivery of the deed, the Seller shall continue to maintain insurance on the PremLes in such amounts and with such coverage as is in existence on the date hereof, it being expressly understood and agreed that there may not be any insurance currently in effect. 14. ADIUSTMFNTS Real estate taxes for the then current fiscal year and water and sewer use charges shall be adjusted as of the day of performance of this Agreement and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the Buyer at the time of delivery of the deed. 15. DJU T NT OF U A5SES D D XE If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned on the basis of the taxes assessed for the preceding year, with a reapportionment as soon as the new tax rate and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the -4- JAK 20. 2000 9:29AU NUTTER, MCCLENNEN NO. 6117'P.Parties, provided provided that neither party shall be obligated to institute or pro an abatement unless herein otherwise agreed, P aerate praceedulgs for 16• POSI S UYER' B Bradley J. Bailey, Esq., as Escrow Agent shall hold all deposits in his IOLTA insured account. All deposits shall be held ba a non-interest bearing account, , FDIC If any dispute arises betweeil the parties as to whether or not the Escrow Agent is obligated to deliver the deposits (or any interest on the deposits), the Escrow Agent is not obligated to make any delivery, but may hold the funds until receiot of a written a signed by all persons having an interest in the dispute, directing uthorization In the absence of a written authorization, the Escrow Agent��id�t a fug until ftion of the unds. of the parties have been finally determined in aning. a rights Agent served is good faith, Buyer and Seller each agree rtothol harmless Escrow SO long as Escrow damages, losses or expenses arising out of this Agreement or any action or failure act from including reasonable attorney's fees, related thereto. Buyer and Seller acknowledge that the Escrow Agent may be counsel to one of the parties hereunder and agree that Escrow Agent may continue to act as said counsel notwithstanding any dispute of litigation arising with respect to the deposits or Escrow Agent's duties. If the Buyer shall fail to fulfill the Buyer's by the Buyer shall be retained by the Seller as liquidated damage'which s� made the hereunder sole and exclusive remedy at law and in equity. a Seller's 17. ACCEPTANCE OF DEED The acceptance of a deed by the Buyer, its assignee or its nominee as the case may be, shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are speciury fically stated herein to s ive the closing, 18• SE OF URCHA$- MONEY TO CLEAR TITLE To enable the Seller to make conveyance as herein provided, the Seller may, at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of an or all encumbrances or interest, provided that all instruments so procured are recorded y simultaneously with the delivery of said deed or provided that customary arrangements reasonably satisfactory to the Buyer and the Buyer's title insurance company are made for subsequent recording. -5- JAN. 20. 2000 9:29AA NUTTEk, 1ACCLENNEN NO. 6117 P. 7 19. WA A TIES AND REP ESENTATIONS The Buyer acknowledges that it has not been influe nced to enter into this transaction nor has a relied upon any warranties or representations not set forth or incorporated in this agreement or previously made in writing. The Seller represents and warrants to the best of Seller's knowledge, information and belief, to the Buyer as failows; (a) The Seller is presently in possession of the Premises, as owner, and there are no contractual obligations which would in any manner prevent the Seller from freely selling the Premises and otherwise complying with the terms of this Agreement, and there are no leases, tenancies or occupancies affecting the Premises other than as set forth in Ex ibit A. (b) There is no litigation pending for which the Seller has been served or to the best of the Seller's knowledge threatened, against the Seller or any basis therefor that arises out of the ownership of the Premises or adversely affect the ability of the Seller to perform its obligations under this Agreement. (e) There are no material agreements or understandings, written or oral, with any government.aI officials or agencies, adversely affecting the Premises or the Existing Use which have not been heretofore disclosed to the Buyer in writing. Each and every warranty and representation made by the Seller in this Section. 19 shall (a) have been true and correct when made, and (b) be true and correct as of the day of closing, otherwise the Buyer iray, at the Buyer's option, cancel this agreement, in which event all deposits made hereunder shall be forthwith refunded to the Buyer and thereupon this Agreement shall be void and without further recourse to the parties hereto, 20. N_Q Ljr,ES Whenever any notice is required or permitted hereunder, such notice shall be in writing and shall be sent by United States registered or certified mart, postage prepaid, return receipt requested to the addresses sec forth in Section I of this agreement, together with a copy in the case of the Seller to: Bradley J. Bailey, Esq. Thomas & Bailey, P.C. 100 West Main Street P.O. Box 978 Hyannis, MA 02601 and a copy in the case of the Buyer to: -6- 1AN. 20. 2000 9:29161ht NUTTER, MCCLENNEN NO. 6117 F. 8 Patrick M. Butler, Esquire Nutter, McClennen & Fish, LLP Rte. 132 - 1513 Iyannough Road P.O. Box 1630 Hyannis, Massachusetts 02601 Any such notice so given shall be deemed given at the time the same is deposited with the U.S. Postal Service, Either party may, by notice given to the other party, designate a new address to which notices shall be scnt, and thereafter notices shall be sent to the address most recently designated by such party. Either party may elect to hand deliver any such notice, demand or request provided that a duly authorized written acknowledgment of receipt is obtained. 21, MISS ,E_L ANEOI 1S This agreement, executed in several counterpart originals is to be construed as a Massachusetts contract, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective successors and assigns, and may be canceled, modified or an;ended only by a written instrument executed by both the Seller and the Buyer. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 22. 51ELLER'S DELIVERY At or prior to the closing, the Seller shall deliver to the Buyer the following in form and substance reasonably satisfactory to the Buyer, Buyer's lender and Buyer's title insurance company: (a) duly executed deed contemplated by Section 9; (b) duly executed parties-in possession and mechanic's liens title insurance affidavit and indemnity related thereto in the form requested by the Buyer's title insur ance company; (c) duly executed non-foreign certification in the form prescribed by IRC Section 1445 and the Treasury Regulations adopted thereunder; (d) duly executed assignment acid assumption of the tenancies and permits, if applicable, and of all of the rights of the Seller thereunder executed together with Buyer; (e) such other documents, certificates or affidavits as are reasonably and customarily required by the Buyer's attorney, lender or title insurance company, including -7- JAN. 20. 2000 9:30A-k1 NUTTER, MCCLENNEN NO. 6117 P. 9 without limitation, trust documentation of Seller, such as a Trustee's C and Direction of Beneficiaries, ertifies to 23• SELL COPPER TI Upon request by Buyer, Seller shall be reasonably available for consultation and meetings with the Buyer and the Tow ii of Barnstable, and other officials, as reasonably requested by the Buyer, necessary to assist the Buyer in its due diligence, es Y to interaction wit) the various Town Boards and officials. g especially as related 24. SUP R EDE OT R AGREE This Agreement supersedes any and all other agreements made prior hereto by and between any or all of the parties hereto with respect to the transaction contemplated hereby all of such prior agreements are hereby made void and without recourse to the parties there d to, 25. INFORMYATIOhs TO BE SUPP .tFD By DLpR TO THE SEA Within seven (7) days of the execution of this Agreement, Seller shall provide Buyer with copies of all engineering, architectural, survey, soil tests, permit Y applications and correspondence with permitting authorities) and title related mate-riials relating to the Premises which are in the possession of the Seller, including, existing title insurance policy and any surveys of or reports relating to Ptremisess. Thee engineering work, plans, reports, permits, applications, designs and environmental reports shall be delivered to and become the property of the Seller upon notification by the Buyer that Buyer is terminating this Agreem,t or upon expiration of the Agreement, whichever shall first occur. 26. ACCESS From and after the date of this Agreement, Buyer and Buyer's agents have the right to enter upon the Premises at reasonable times, with reasonable notice, for brief periods, for general purposes of inspectilig, measuring and the like and for showing the premises to prospective mortgage lenders and i-asurers and in such a way as not to unreasonably interfere with Seller's business. 27• EL ER'S DEF ULT If the Seller shall fail to fuitill the Seller's agreements herein pertain to the conveyance Of the Premises, the Buyer shall be entitled to specific performance of this Agreement, -s- AAN. 20. 2000 9:30 I'll M NUTTEP,, MCCLENNEN NO. 6117 P. 10 28. MY QRTGAGE CONDITION All of Buyer's obligations under this Agreement a1e conditional upon Buyer obtaining on or before the expiration of the Due Diligence Period a written commitment for, such fmaneing as may be deemed appropriate by the Buyer, including, without limitation, the obtaining of grants, donations, conventional or bond financing or otherwise. 29. INTENTIONALLY DELETED 30. TENANT� Seller hereby represents and warrants that the only tenants and occupants of the Premises are as set forth in Exhi 't A (the "Existing Tenants"), The Seller and Buyer hereby acknowledge and agree that as of the date of the closing hereunder, the Premises shall be free of all tenants and occupants except for up to five (5) of the Existing Tenants. Seller hereby agrees to accept no further tenants or occupants for the Premises and not to take any actions from the date hereof with respect to the Existing'Tenants to amend or extend their tenancies; provided, however, Seller shall use diligent efforts to relocate as many Existing Tenants as possible prior to the closing hereunder. At closing, all the then existing leases, security deposits and last month's rent deposits shall be assigned to Buyer, and rents shall be adjusted as of the closing date. 31. RO RAGE WARRANTY The Parties represent and warrant to each other that they have not dealt with any broker in connection with this Agreement. This representation shall survive the closing hereunder. Executed as a sealed instrument this :� day of =r, 1�99. SELLER: £chard A, Are trap, Trustee of Cape Anne Tr st -9- .JAN. 20. 2000 9:30Ab1 NUTTER, MCCLENNEN NO. 6117 P. 11 BUYIER: THE BARNSTABLE HOUSING AUTHOR IT'Y 4- By: z Name: Arthur F Kimber Tide: Chairman aaaro .. -IO- :JAN. 20. 2000 9:31AM NUTTER, MCCLENNEN NO. 6117 P. 12 EXHIBIT A Tcnant Name T e of Te-ancv Rcnt Pz ount Rent Pd, Sec. Dep. t No• Thu Last Mth 1. Joseph Gouveria - tenant at will S50 wk in arrears no dep. /#10 2. Beverly Kittrell - tenant at will $85 wk in arrears $170 dep. ##11 3. Leo Pasini - tenant at will $85 wk 1/27/00 517O dep. #}12 4. Angelina Ramirez -tenant at will, $325 month 1/31/00 f 1 So. d-L# - #33 5. 6. 7. 8. 9. 10. -11- DOCUMENT NO. 2 - APPROVED IN RESOLUTION NO. 1 ADOPTED ON OCTOBER 13, 1948 BY-LAWS OF THE BARNSTABLE HOUSING AUTHORITY ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "BARNSTABLE HOUSING AUTHORITY". Section 2. Seal of Authority. The Seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 3. Office of f office Authority. The_ y is o the Authority shall be located within the Town of Barnstable (Hyannis) , Massachusetts. ARTICLE II - OFFICERS Section 1. Officers. The officers of the Authority shall be a Chairman, a Vice-Chairman, a Treasurer, an Assistant Treasurer, and a Secretary who shall be Executive Director. Section 2. Chairman. The Chairman shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the Chairman shall sign all contracts, deeds and other instruments made by the Authority. At each meeting, the Chairman shall submit such recommendations and information as he may consider proper concerning the business affairs and policies of the Authority. Section 3. Vice-Chairman. The Vice-Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman, and in case of a vacancy in the office of the Chairman. Section 4. Treasurer and Assistant Treasurer. The Treasurer shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the Authority except as otherwise authorized by resolution of .the Authority. The Authority may by resolution designate one or more members to countersign such orders and checks, and may from time to time qualify, change or cancel any such designation. The Assistant Treasurer shall perform the duties of the Treasurer in the absence or incapacity of the Treasurer, and in case of a vacancy in the office of the Treasurer. The Treasurer and Assistant Treasurer shall give bond for the faithful performance of their duties. Any member elected to the office of Treasurer or Assistant Treasurer shall serve without compensation other than payment of necessary expenses. Section 5. Executive Director. The Executive Director of the Authority shall be the ex-officio Secretary, and shall have general supervision over the administration of its business and affairs, sub- ject to the direction of the Authority. He shall be charged with the management of the housing projects of the Authority. He shall have care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank of banks as the Auth- ority may select. He shall keep regular books of accounts showing receipts and expenditures and shall render to the Authority, at each regular meeting, or oftener when requested, an account of his trans- actions and also of the financial condition of the Authority. The compensation of the Executive Director shall be determined by the Authority and he shall give bond for the faithful performance of his duties, but a member of the Authority serving as Secretary and Executive Director in a temporary capacity shall serve without com- pensation other than the payment of necessary expenses. Section 6. Secretary. The Secretary shall keep the records of the Authority, shall act as Secretary of the meetings of the Authority and record all votes, and shall keep a record of the pro- ceedings of the Authority in a minute book to be kept for such pur- poses (documents' and supplementary material_ forming a part of the minutes may be kept in a supplementary document book) , and shall perform all duties incident to his office. He shall keep in safe custody the seal .of the Authority and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Authority. At any regular or special meeting in the absence of the Secretary, a Secretary pro tempore may be appointed from among the members of the Authority who shall serve without compensation other than the payment of necessary expenses. Section 7. Duties of Members. The Members of the Authority shall perform such duties as are incumbent upon them by reason of their elec- tion to any office, and shall perform such other duties and functions as may from time to time be required by the Authority or the By-Laws, or which may arise by reason of their appointment to serve on com- mittees functioning within the Authority or in cooperation with other persons or groups. Section 8. Election or Appointment. The Chairman, Vice-Chairman, Treasurer and Assistant Treasurer shall be elected at the annual meet- ings of the Authority from among the Members of the Authority, and shall hold office for one year or until their successors are elected and qualified. The Authority shall appoint one person to fill the office of Secretary and Executive Director. Any person appointed to fill the office of Secretary and Executive Director, or any vacancy therein, shall have such term as the Authority fixes, but no Member of the Authority shall be eligible to this office except as a temporary appointee. Section 9. Vacancies. Should the office of Chairman, Vice-Chair- man, Treasurer or Assistant Treasurer become vacant, the Authority shall elec-t a successor from its membership at the next meeting, and such election shall be for the unexpired term of said office. Section 10. Additional Personnel. The Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the Housing Authority Law of the Commonwealth of Massachusetts, as amended, and all other laws of the Commonwealth of Massachusetts applicable thereto. ARTICLE III - MLETINGS Section 1. General Provisions. Annual meetings and regular meetings of the Authority shall be held at such time and place as may be originally designated or subsequently changed by resolution adopted by the Authority at any regular or special meeting. All meetings shall be held at the office of the Authority in the absence of the specific designation of some other meeting place in any such resolution. In the event that the date of any annual or regular meeting as provided in any such resolution shall fall on Sunday or a legal holiday, the meeting shall be held on the next succeeding secular day at the place and time designated in the resolution. Section 2. Annual Meetings. Annual meetings of the Authority shall be held without notice for the purposes of electing officers, re- ceiving the annual report of the Executive Director, and for the conduct of such other business as may come before the meeting. Section 3. Regular Meetings. Regular meetings of the Authority shall be held without notice at least once in each calendar month for the transaction of the business of the Authority. Section 4. Special Meetings. The Chairman of the Authority may, when he deems it expedient, and shall, upon the written request of two Members of the Authority, call a special meeting of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered to any Member of the Auth- ority or may be mailed to his business or home address at least two days prior to the date of such special meeting. At such special meet- ing, no business shall be considered other than as designated in the notice, but if all the Members of the Authority are present at a special meeting, any and all business may be transacted at such special meeting. Section 5. Quorum. The powers of the Authority shall be vested in the Members thereof in office from time to time. Three Members shall constitute a quorum for the purpose of conducting its business and exer- cising its powers and for all other purposes, but a smaller number may meet and adjourn from time to time until a quorum is obtained. At least twelve hours notice of the time and place of holding such adjourned meeting shall be given to all Members who were not present at the meeting from which adjournment was taken. When a quorum is in attendance, action may be taken by the Authority upon a vote of a majority of the Members present. Section 6. Order of Business. At the regular meetings of the Authority, the following shall be the order of business: 1. Roll call. 2. Reading and approval of the minutes of the previous regular meeting and any intervening special meeting. 3. Bills and communications. 4. Report of the Executive Director. 5. Reports of Committees. 6. Unfinished business. 7. New business. 8. Adjournment. All resolutions shall be in writing and shall be copies in a minute book of the Authority. I i Section 7. Manner of Voting. All questions coming before the Authority shall be presented in the form of motions or resolutions chronologically numbered. The vote on all resolutions shall be by roll call, and each resolution and motion shall be entered in full upon the minutes of the meeting. For all resolutions, the ayes and nays shall be recorded. ARTICLE IV - AMENDMENTS Amendments to By-Laws. The By-Laws of the Authority shall be amended only by resolution adopted by the affirmative vote of at least three Members of the Authority at a regular or special meeting, held after seven days notice in writing of the substance of the pro- posed amendment shall have been sent to each Member. Daniel J. Fern moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Norman C. Nagle, and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS 5 None The Chairman 'thereupon declared said motion carried and said resolution adopted. l one(508)771-7222 Barnstable Fax(508)778-9312 Leased Housing Dept.(508)771-7292 saoms Housin Authorit Y 146 South Street-Hyannis,Mass.02601 g No. 2000-35 EXTRACT FROM MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A REGULAR MEETING OF THE MEMBERS OF THE BARNSTABLE HOUSING AUTHORITY HELD ON MARCH 16, 2000. The members of the Barnstable Housing Authority met in regular session at 500 Old Colony Road , Hyannis, Massachusetts, at the place, hour and date duly posted for the holding of such meeting. The Chairman called the meeting to order and upon a roll call the following answered present: Paula Schnepp, Chairman Arthur F. Kimber, Vice Chairman Dolores Rucker, Treasurer Richard A. Cross, Jr., Assistant Treasurer Upon motion by Dolores Rucker, that was seconded by Arthur Kimber, it was unanimously Voted by Board Resolution to approve and submit the 40B Application for Aunt Sarah's Harbor View House Project to provide an additional 13 affordable housing units in the Town of Barnstable. All present voted in the affirmative and the Chairman declared the motion approved. I certify that this is a true and correct copy of the motion and that such action took place at a properly posted and held meeting of the Authority. Thomas KXynch Executive Director Date of Certification Equal Housing Opportunity Agency of BAR`�'s CAPE COD COMMISSION 3225 MAIN STREET P.O. BOX 226 MAY- S U 2000 . c7 BARNSTABLE, MA 02630 (508)362-3828 9SACHUS FAX.(508)362-3136 � E-mail:froritdesk@capecodcommission.org May 9, 2000 Thomas Lynch Executive Director Barnstable Housing Authority 146 South Street Hyannis,MA 02601 Re: Aunt Sarah's Harbor View House Dear Tom: As you know this office is responsible for administering the federal HOME Investments Partnership funds allocated to the Barnstable County HOME Consortium. In that capacity we have received your agency's request. for HOME funds for the above project. The project, as we understand it,would create thirteen affordable rental units that would be rented to very low and low income households on a permanent, year-round basis. Please be advised that such project would be considered an eligible activity under the HOME. This letter is not a commitment of HOME funds or an endorsement of this project at this time.We have begun our review of your funding request and hope to make a decision in the near future. As always, I applaud your agency's commitment to address the area's affordable housing needs. If I can be of any further assistance please contact my office. Sincerely, Ed Allard Affordable Housin Specialist ei Finance Application[June 1995]0 Page 10 Section 3 SOURCES AND USES OF FUNDS Sources of Funds Private Equity: Amount 79 > Developer's Cash Equity ........................................... $100 80 > Tax Credit Equity (net amount) ................................ $ (See line 326,Section 5,page 18.) 81 > Developer's Fee/Overhead, Contributed or Loaned .. 82 > Other Sourc $0 Public Equity: 83 . HOME Funds, as Grant .......................... $ 84 . Grant: 85 . Grant: jCDBG $40,000 86 > Total Public Equity ..............................1 $40.000 Subordinate Debt (see definition): Alnotau Rate Antorti=. Term 87 . Home Funds, as Subordinate Debt ......... % vrs. yrs. Source: 88 . Subordinate Debt .................................... $70,000 % vrs. yrs. Source: ICOLNTY HONIE 89 . Subordinate Debt .................................... S370.045 % vrs. 20 Source: lferm Plus 90 . Subordinate Debt .................................... S50,000 % yrs. yrs. Source: Bamstabie Count•Rental 91 . Subordinate Debt .................................... % �Ts. vrs. Source: 92 > Total Subordinate Debt....................... S490.045 Permanent Debt (Senior): :lcctottctt Rate .477107•ti=. Tenn 93 . ivII-IFA Permanent Loan* ....................... S * % vrs. vrs. 94 . VII-IP Fund Permanent Loan ................... 95 . Land Bank Permanent Loan ................... S % vrs. yrs. 96 . Other Permanent Senior Mormaee ......... $174,500 1 8.80% 25 20 Source: 97 . Other Permanent Senior Mortgage ......... S % vrs. yrs. Source: 98 > Total Permanent Senior Debt .............1S174.500 (*Inc1ztde.L1HF.4 over-ride in rate.) 99 . Total Permanent Sources .................... 5704,645 Construction Period Financing: Amount Rate Term loo . Construction Loan ..................................Is % mos. Source: Repaid at: I (event) lot . Other Interim Loan ................................. $ %I mos. Source: Repaid at: I (event) 102 . Syndication Bridge Loan ........................ $ % mos. Source: Repaid at: (erect!) \7M;- he illy!nttl nc r,vitOrt lbrntn preliniinan applicatiact. Section 3. Sources mid Lises of Funds Page 11 Uses of Funds Direct Construction: 103 . Who prepared the estimates? 104 . What was basis for estimates? NOTE: This application must be signed by contractor ivho supplied cost estimates. See page DV Trade Item Amount Description 105 . 3 Concrete $ 106 . 4 Masonry 107 . 5 Metals 108 . 6 Rough Carpentry $ 109 . 6 Finish Carpentry $ 110 . 7 Waterproofing $ 111 . 7 Insulation $ 112 . 7 Roofing 113 . 7 Sheet Metal $ 114 . 8 Doors 115 . 8 Windows 116 . 8 Glass $ 117 . 9 Lath&Plaster S 118 . 9 DrvNvall $ 119 . 9 Tile Work $ 120 . 9 Acoustical $ 9 Wood Flooring $ 122 . 9 Resilient Flooring $ 123 . 9 Paint&Decorating 124 . 10 Specialties $ 125 . 11 Special Equipment $ 126 . 11 Cabinets $ 127 . I 1 .appliances $ 128 . 12 Blinds& Shades $ 129 . 12 Carpet $ 130 . 13 Special Construction $ 131 . 1' E levators S 132 . 15 Plumbina&Hot Water $ 133 . 15 Heat& Ventilation 134 . 15 Air Conditioning $ 135 . 16 Electrical $ 136 . Accessory Buildings S 137 . Ocher/misc $360.000 138 . Subtotal Structural $360,000 139 . '_ Earth Work $ 140 . 2 Site Utilities $ 141 . 2 Roads& Walks 142 . '_ Site Improvement 143 . 2 La«ns&Planting $ 144 . '_ Unusual Site Cond $ 145 . Subtotal Site Work $0 146 . Total Improvements $360,000 147 . 1 General Conditions S 148 . Subtotal $360.000 149 . 1 Builders Overhead $ ENCLUDED 150 . 1 Builders Profit $ INCLUDED 151 > TOTAL 1 $360,000 152 Total Cost/square foot $75 Residential Cost/s.f. 74.6733043 ,COTE: > stnnbol indicates those questions which need to be filled out as "short fantn"preiitninan•application. Section 3. Sources and Uses of Funds Page 12 Development Budget: Total Residential Commercial Comments 153 . Acquisition: Land $50,000 $50,000 N/A 154 . Acquisition: Building $135,000 $135,000 N/A 155 > Acquisition Subtotal $185,000 $185,000 SO 156 . Direct Construction Budg $360,000 $360,000 N/A (from line 151) 157 > Construction Contingency $90,000 $90,000 N/A 25.0% of construction 158 . Subtotal: Construction $450,000 $450,000 $0 General Development Costs: 159 . Architecture & Engineerin $26,000 $26,000 N/A 160 . Survey and Permits $1,500 $1,500 N/A 161 . Clerk of the Works $0 N/A 162 . Environmental Engineer S1,000 $1,000 N/A. 163 . Bond Premium $ $0 N/A 164 . Legal S5,500 $5,500 N/A most pro bono 165 . Title and Recording S3,400 S3.400 N/A 166 . Accounting & Cost Certifi $0 SO N/A 167 . Marketing and Rent Up S1,200 $1,200 N/A 168 . Real Estate Taxes $0 SO N/A 169 . Insurance S3.500 S3.500 N/A 170 . Relocation S SO N/A 171 . Appraisal S3,500 S3,500 N/A 172 . Security $ SO N/A 173 . Construction Loan Interest S 13,500 $13,500 N/A 174 . Inspecting Engineer S2,000 S2,000 N/A 175 . Fees to: SO N/A 176 . Fees to: _NJII-IP S5,445 S5.445 N/A 177 . Fees to: SO N/A 178 . Credit Enhancement Fees S S0 N/A 179 . Letter of Credit Fees S SO N/A 18o . Other Financing Fees $ SO N/A isl . Development Consultant SO N/A 1 s'_ . Other: So N/A iu . Other: S0 N/A 184 . Soft Cost Contingence S3,100 S3,100 N/A 4.7�,o oFsott costs 185 > Subtotal: Gen. Dev. S69,645 S69,645 SO 186 . Subtotal: Acquis., Constj S704,645 $704,645 $0 and Gen. Dev. 187 > Capitalized Reserves SO N/A (Sze Instructions.) 18s > Developer Overhead SO N/A (See Instructions.) 189 > Developer Fee $0 N/A (See Instructions.) 190 . Total Development Costj S704,645 $704.645 $0 191 . Total Net' Developmentl S704,645 $704,645 $0 (*Does not include capitalized resen•es nor anv Developer Fees or overhead which are contributed or lowied ti f rtnrnrce Apptrcatton/✓cute ivv-)/v t'aQe 1=J Section 4 OPERATING PRO-FORMA Operating Income - Rent Schedule: Contract C tility Total _N'o. of 213 > Low-Income (Rental Assisted): Rent Allowance Gross Rent* Litits SRO N/A N/A N/A 0 0 Bedroom N/A N/A N/A 0 1 Bedroom $663 $0 $663 1 2 Bedroom N/A N/A N/A 0 3 Bedroom N/A N/A N/A 0 4 Bedroom N/A N/A N/A 0 -Equals contract rent-uu ity aliowance 214 > Low-Income (below 50%): SRO N/A N/A N/A 0 0 Bedroom $428 $0 $428 1 1 Bedroom N/A N/A N/A 0 2 Bedroom N/A $0 N/A 0 3 Bedroom N/A N/A N/A 0 4 Bedroom N/A N/A N/A 0 215 > Low-Income (below 60%): SRO N/A N/A N/A 0 0 Bedroom $514 $0 S514 4 1 Bedroom $551 SO S551 1 2 Bedroom N/A NT/A N/A 0 3 Bedroom N/A N/A N/A 0 4 Bedroom N/A NIA Ni A 0 16 > Other Income (as defined on page 2) E 801,% of the median income for the reeion SRO $386 $0 S386 6 0 Bedroom N/A N/A N/A 0 1 Bedroom N/A N/A N/A 0 2 Bedroom N/A N/A N/A 0 3 Bedroom N/A N/A N-'A 0 4 Bedroom N A N/A N A 0 217 > Market Rate (unrestricted occupancy): SRO N/A 0 0 Bedroom N/A 0 1 Bedroom N/A 0 2 Bedroom N/A 0 3 Bedroom N/A 0 4 Bedroom N/A 0 Commercial Income: (average) 218 > are Feet: 0 [t, ] /syuare toot SO Parking Income: (average) 219 . Spaces: 12 � /month x 1_ 0 NOTE: >S.-Mbol indicates those questions which need to be filled out as "short form"prelintinart application. Section 9. Operating Pro-Forma Page 15 Other Operating Income Assumptions: Vacancy Allowance: 220 . Low-Income (Rental Assistance) 5.0% 221 . Low-Income (below 50%) 5.0% 222 . Low-Income (below 60%) 5.0% 223 . Other Income Group (see page 2) 5.0% 224 . Market Rate 5.0% 225 . Commercial Space (includes parking) 226 . Laundry Income (annual): 3120 127 . Other Income: I Is Trending Assumptions for Rents: Year 2 Year 3 Years 4-5 Years 6-20 223 . Low-Income (Rental Assistance) 0.0% 3.0% 3.0% 4.0% 229 . Low-Income (below 50%) 0.0% 3.0% 3.0% 4.0% 230 . Low-Income (below 60%) 0.0% 3.00% 3.0% 4.0% 231 . Other Income Group (see page 2) 0.0% 3.0% 3.0% 4.0% 232 . Market Rate 0.0% 3.0% 3.0% 4.0% 233 . Commercial Space Rental 1 0.0% 3.0% 3.0% 4.0% 234 . Other Income 0.0% 3.0% 3O%1 4.0% Operating Subsidy and Capitalized Operating Reserves: Subsidv Source I ............... 236 . Subsidy Source U ............. 237 > Capitalized Operating Reserve...... $ Source: 238 . Yearly Draws on Subsidies and Reserves: Subsidv Subsidv Drmt,on Source I Source II O er.Reserve Year 1 $ $ $ Year 2 $ $ $ Year 3 $ $ $ Year 4 $ $ $ Year 5 $ $ $ Year 6 $ $ $ Year 7 $ $ $ Year 3 $ $ $ Year 9 $ $ Year 10 $ $ $ Year 11 $ $ $ Year 12 $ $ $ Year 13 $ $ $ Year 14 $ $ $ Year 15 $ $ $ Year 16 $ $ $ Year 17 $ $ $ Year 18 $ $ $ Year 19 $ $ $ Year 20 $ $ $ Year 21 $ $ $ 239 . Annual Operating Income (year 1) $71,650 NOTE: >symnbol indicates those questions which need to be./illed out as "short.fonn"preliminaw application. Section;f. Operating Pro-Forma Page 16 Operating Expenses Annual Operating Exp.: Total Residential Commercial Comments 240 Ivlana-ement Fee $3,681 1 $3,681 N/A 5%of income 241 . Pa%TOII,Administrative $4,680 $4,680 N/A 242 . Pawoll Taxes&Benefits,A $1,170 $1,170 N/A 243 . Legal $650 $650 N/A 244 . Audit $650 $650 N/A 245 . Marketing $1,300 S1,300 N/A 246 . Telephone $ $0 N/A 247 . Office Supplies S400 $400 N/A 248 . Accounting&Data Processing $ $0 N/A 249 . Investor Servicing $ $0 N/A 250 . EOCD Ivlonitorins Fee $250 $250 N/A 251 . Other: $ SO N/A 252 . Other: $ $0 N/A 253 . Subtotal: Administrativel 9,100 $9.100 SO 254 . PaVToll,Maintenance 54,680 $4 680 N/A 255 . Pa:roll Taxes&Benefits,Admii $1,170 $1,170 N/A 256 . Janitorial Materials $500 $500 N/A 257 . Landscaping S1,000 S1,000 N/A 258 . Decorating(inter. only) S400 $400 N/A 259 . Repairs(inter. &ext.) S2,450 S2,450 N/A 260 . Elevator Maintenance S SO N/A MI Trash Removal S 1,100 S 1,100 N/A 262 . Snow Removal S800 S800 o 263 . Extermination $500 S500 N/A 264 . Recreation S SO I N/A 265 . Other: SO N/A 266 . Subtotal: Maintenance S 12,600 $12,600 SO 267 . Resident Services S 1,2 00 $1,200 N/A M8 . Security S SO N/A 2169 . E'lectricin S4,458 $4.458 N/A 270 . Natural Gas $ SO N/A 271 . Oil S4,000 S4,000 N/A 272 . Water&- Seer $5,000 S5,000 N/A 273 . Subtotal: Utilities S 13,458 $13,4T87 SO 274 Replacement Reserve $4,225 $4,225 N/A s325:unit 275 . Operating Reserve Is SO I N/A 276 . Real Estate Taxes S2,300 $2,300 N/A 277 . Other Taxes $ SO N/A 278 . Insurance $3,500 $3,500 N/A 279 . Other SO I N/A 280 . Subtotal:Taxes, Insuran $5,800 $5,800 SO 281 > TOTAL EXPENSES $50,064 $50,064 SO Section:4. Operating Pro-Forma Page 17 Other Operating Expense Assumptions Trending Assumptions for Expense; Year 2. Year 3 Years 4-5 Years 6-20 282 . Sewer& Water'................................... 3.0% 3.0% 3.0%1 3.0% 283 . Real Estate Taxes ................................ 2.5% 2.5% 2.5% 2.5% 28 All Other Operating Expenses * ......... 3.0% 3.0% 4.0%1 4.0% *Mana.Zement Fees are assumed to remain a constant percentage of net effective operating income. Reserve Requirements: 285 . Replacement Reserve Requirement.... 325 per unit per year 286 . Operating Reserve Requirement ......... $ per unit per year Debt Sei-vice: .Annual Pa ment 287 . v1HFA Permanent Loan ........................................ N/A 288 . MHP Fund Permanent Loan ................................. N/A 289 . Land Bank Permanent Loan .................................. N/A 290 . Other Permanent Senior Mortgage ........................ S17.287 So N/A 291 . Other Permanent Senior MortRaae ........................ N/A So NiA 292 . Total Debt Sei-vice (Annual) ..............................F $17,287 293 . Net Operating Income ........................................ $21,616 (in year one) 294 . Debt Sei-vice Coverage ....................................... 1.25 (in year one) Affordability: Income Limits and Maximum Allowable Rents Automatic: Identify region i 295 . Region: Barnstable Countv Metro Fill in the rents manually As of , 296 . Maximum Allowed Rents, by Income, by Unit Size: &Iaxim:tm Income Waxinn nt Rent (as published by HUD) 50% 60% 80% 50% 60% 80% SRO N/A N/A N/A N/A N/A N/A 0 bedro N/A N/A N/A N/A N/A N/A 1 bedro N/A N/A N/A N/A N/A N/A 2 bedro N/A N/A N/A N/A N/A N/A 3 bedro N/A N/A N/A N/A N/A N/A 4 bedro N/A I N/A I N/A N/A I N/A I N/A 297 . H.U.D. "Fair Market Rents" (Maximum): SRO $ As of(date): I 0 Bedroom S 1 Bedroom $ 2 Bedroom N/A 3 Bedroom N/A 4 Bedroom N/A "One Stop" Affordable Housing Finance Application [Version 5.0, June 1995] Page A-1 Project Summary Information NOTE: Do not fill out this section. It is automatically filled in b ro ram. Project Name .................. Aunt Sarah's Redevelopment Developer ....................... Barnstable Housing Authority Community ..................... Hyannis Number of Units ............. 13 SRO................ 6 Low-Income,Rental Assisted............................. 1 0 Bedrooms .... Low-Income,Below 50%................................... 1 1 Bedrooms.... 2 Low-Income,Below 60%................................... 2 Bedrooms.... 0 Moderate Income................................................ 6 3 Bedrooms"" 0 Market Rate......................................................... 0 4-Bedrooms .] 0 This is an application for: EOCD Tax Credit Allocation............................. No HOME Funding from EOCD .............................. No IvII-IFA Financing................................................ No Land Bank FinancmQ.......................................... No MI-]PP Fund Financing.......................................... No MFIIC Construction Loan....................................No INIHIC Taff Credit Equity .................................... No Public Facilities Department Funding................ No CDFC Financing................................................. No Sources of Funds: Uses of Funds: Developer's Equity.................... $100 Acquisition................................ $183.000 Tax Credit Equity...................... $0 Construction.............................. $150.000 ` Public Equity............................. S40.000 General Development............... S69.645 Subordinate Debt...................... $490.045 Developer Overhead................. $0 Permanent Debt........................ S 174._500 Developer Fez........................... $0 Total All Sources.................... S704-645i Capitalized Reserves................. SO Total All Uses .......................... S704.645 Uses Exceed Sources by........... $0 Rent Levels: BR (m•er•.) SF(aver.) Low-Income, Rental Assisted... $663 1.0 0 Low-Income. Below 30%......... $428 0.0 300 Low-Income,Below 60% ......... $521 0.2 380 Other Income(see page 2)........ $386 0.0 144 Market Rate.............................. N/A N/A N/A L.overage,.111 ruts....................I $463 0.2 236 Annual Operating Income year 1): Annual Operating Expense ear 1): Gross rental income residential $72.168 Manaaement Fee $3.681 Vacancy(resid.F 3.00% $3.608 Administrative S9.100 Other Income(net of vacancies' S3,120 Maintenance S 12.600 Subtotal $71,680 Res. Service, Security $1.200 Operatil' Subsidies $0 Utilities $13.458 Draw on Operating Resen•es $0 Rep]. Reserve S4,225 Total Annual Income $71,6S0 Oper.Resen-e $0 Taxes,Insurance S3.800 Net Operating Income $21,616 Total $50,064 Debt Service S17.287 Debt Sen-ice Coverage 1.250 Total per Unit $3,851 Finance Application [June 1995] pave 4_2 Rent Profile Analysis NOTE: Do not fill out this section. It is automatically filled in by program. Contract Size of ivo. of Gross Rent' Rent per Units Rent Unit Bathrooms 1laritnum squarefoot Low-Income (Rental.Assisted): SRO 0 N/A N/A N/A N/A N/A 0 Bedroom 0 N/A N/A N/A N/A N/A 1 Bedroom 1 S663 0 1 N/A I N/A Bedroom 0 N/A N/A N/A N/A I N/A 3 Bedroom 0 N/A N/A N/A N/A I N/ 4 Bedroom F 0 N/A N/A N/A N/A N/A Low-Income (below 50%): SRO 0 N/A N/A N/A N/A N/A 0 Bedroom 1 5428 300 1 N/A I S 1.43 I Bedroom 0 N/A N/A N/A N/A N/A Bedroom 0 N/A N/A N/A N/A 3 Bedroom 0 N/A N/A N/A N/A I N/A 4 Bedmcm )I N/A NiA N/A N/A I N/A Low-Income (below 6091%): SRO oI N;:a ;A N/A I N1.1 I N/A 0 Bed-corn T 1 Ss 14 300 11 NSA I S .%I 1 Bedroom II S551 7001 SG. 9 Bedroom 0 N/A N/A I N/A I ��/A I NiA 3 Bedroom; 01 N/A N/A I NiA I N/A I N/A 4 Bedroom ol N/A N.A I N/A 1 N/A N/A Other Income Group: Bile 80% of:he median income for she r:aion SRO 61 S386 01 N/A S=.c8 0 Bedroom 0 N/A N/A I NifA I N/A 1 Bedroom 0 N/A N/a. NIA I N/A 1 N/A Bedroom U. N/A N/A I N/A I N/A 1 N/A 3 Bedreom 01 NIA I NIA I N/A I N/A I N/A Bedroom 01 N/A N/A NiA N/A I N.`ti Market-Rate (unrestricted occuoancv): SRO 0 N/A NiA � NIA N,A 0 Bedroom U N/A N/ANiA N/A 1 Bedroom 0 N/A N/A N,;A NiA Bedroom 0 N/A NiA NA N/A 3 Bedroom U N/A N;'A I N/A N/A 4 Bedroom 01 N/A N/A I N/A N/A I f Fitiatice Application (June 19951© Page A-3 21 -Year Operating Proforma Years 1 -5 NOTE: Do not fill out this section. It is autom-atically. filled in b ro ram. Year 1 Fear? Fear 3 Year 4 Fear 3 Calendar Year: �;_4 V.4 V._.I _V.4 `,� INCOME: Low-Income,Rental Assisted $7.956 S7,956 $8.195 $3.I I1 Low-Income,Below 50% 5,136 5.136 5.290 8.441 5.612 Low-Income,Below60% 31,234 31,284 32.223 33.189 34•I85 Moderate Income 27.792 27.792 23,626 29,185 30:369 Market Rate 0 0 0 0 0 Gross Potential Income 72.168 72.168 74.333 76.563 78.860 Less vacancy 3,608 3.608 3,717 3,328 3.93 Effective Gross Residential Inc 68.560 68,560 70.616 72.735 7 1.917 Commercial Income(includes p 0 0 0 0 0 Less vacancy 0 0 0 p 0 Net Commercial Income 0 p 0 0 0 Effective Rental Income 68.560 68,560 70.616 72.735 74.917 Other Income 3.120 3.120 3.214 3.3 l0 Total Gross Income 71.680 71.680 -3.830 76 045 Operating Subsidies 0 0 0 0 0 Draw on Operating Reserves 0 0 0 0 0 Total Effective Income S71.680 S71.680 I S71830 I S76.045 S-S.326 EXPENSES: Management Fee 3.681 3.681 3.791 3.905 4.02? Administrative 9.100 9.3 73 9.65Y 10.040 10_41- i\4aintenance 12.600 1' 978 13.367 13.902 14.45S Resident Services 1.200 ' 1.236 1.273 1.324 137- Security 0 0 0 0 0 Electrical 4.458 4.592 1.729 4.919 5.i 15 Natural Gas 0 0 0 0 0 Oil(heat) 4.000 4.120 4.2 id 4.413 Y.590 Water&Sewer 5.000 5.150 5.305 5.464 5.62S Replacement Reserve =1.225 4.35? 4.482 1 4.662 4.841S Operating Reserve 0 0 0 0 0 Real Estate Taxes 2.300 2.358 2.416 2.177 Other Taxes 0 0 0 0 1) Insurance 3.500 3.605 3.713 3.862 4.016 Other: 0 0 0 0 Total Operating Expenses $50.061 551.1I1 552976 S51.967 557.035 NET OPERATING INCOME $21.616 S207236 S20.354 5=1.078 S=1 29 l Debt Service S l7?87 S 17.287 S 17.287 S 17?87 S 17.2S7 Debt Service Coverage 1.25 1.17 1.21 1.22 1 23 Project Cash Flow $4.329 S2.949 S3.568 S3.791 $-t!)0-1 Required Debt Coverage $21.609 S21.609 S21.609 S21.609 S21.609 (Gap)/Surplus for Cov. S7 (S 1.373) (S75 1) (S53 I) (S3 13) i i Finance Application [June 1995]© page A-4 21 -Year Operating Proforma Years 6-10 NOTE: Do not fill out this section. It is aut matically filled in b ro ram. Year 6 Year 7 Year 8 Fear 9 Year 10 Calendar Year: A";.-I V.4 ;\,.4 `.;_4 `,;.4 INCOME: Low-Income,Rental Assisted $9.041 S9,403 $9.779 S 10,170 1 U.577 Low-Income,Below 50% 5.837 '6.070 6.313 6.566 6.828 Low-Income,Below 60% 35.5 52 36.974 38.453 39.991 41.591 Moderate Income 31,384 . 2.847 34,161 33.328 36949 `Market Rate 0 0 0 0 0 Gross Potential Income 822014 85,295 88.707 92.255 95.94-; Less vacancy 4.101 1 4.263 4.433 4,613 4.797 Effective Gross Residential Inc(_ 77,914 81.030 84.271 87.642 91.148 Commercial Income(includes p 0 0 0 0 0 Less vacancy 0 0 0 0 0 Net Commercial Income 0 0 0 0 0 E ffective Rental Income 77.914 S 1.030 1 84.271 87.642 91.148 Other Income 3.54) 3.688 3.835 3.988 t 4.14S Total Gross Income 81.439 84.718 88.106 91.631 93.296 Operating Subsidies 0 0 0 0 0 Draw on Operating Resen-es 0 0 0 0 0 Total Effective Income S81.439 '84.718 S88.106 S9 L631 S93.296 EXPENSES: Management Fee 4.183 4.351 4.323 4.706 1 4.894 :?dministrative 10.860 1 1.294 1 1.746 12.216 1 12.7104 Maintenance 15.036 15.638 16?63 16.9141 1 1-.591 Resident Services 1.432 1.489 1.349 1.611 1 1.6"3 Szcurin 0 0 0 0 0 Electrical .7 ; 333 �.754 5.984 6.224 Natural Gas 0 0 0 0 0 Oil(heat) 4.773 4,964 3.163 6,370 384 Water& Sewer 3.796 3.970 6.149 6.334 6.524 Replacement Reserve 5.042 5.244 5.453 5.672 5.898 Operating Resenve 0 0 0 0 0 Real Estate Taxes 2.602 2.667 2.734 2.802 2.8 7 2 Other Taxes 0 0 0 0 0 Insurance 4.177 4.344 4.61E 4.698 -�.SS6 O ther: 0 0 0 0 0 Total Operating E.rpenses 539.222 `C 1.494 I 563.854 I S6b.306 S68.8-�3 NET OPERATING INCO'NIE $22.237 `23.224 S24,252 1 S2i.32S S26.443 Debt Service S 17.287 17.287 S 17.287 S 1 7.287 S 1=.287 Debt Service Coverage 1.29 1.34 1.40 1.46 1.53 Project Cash Flow S4.960 S3.93 7 S6.965 $8.038 S9.1-;6 Required Debt Coverage S21.609 521.609 $21,609 S21.609 S21.609 (Gap)/Surplus for Cov. $628 S 1.613 $2,644 $3.716 51.833 r. COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. TRIAL COURT DEPT. BARNSTABLE DIVISION C. A. NO. 99CV0745 ELLIOT SWIFT, ) Plaintiff, ) VS ) M.R.C.P. Rule 30(a) and Rule 45 sRICI ARD ARENSTRUP; ) Trustee, CAPE ANN TRUST, ) Defendant. ) TO: Keeper of Records Town of Barnstable Office of the Building Inspector 367 Main Street Hyannis, MA GREETINGS: YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts in accordance with the provisions of Rule 45 of the Massachusetts Rules of Civil Procedure to appear and testify on behalf of the defendant, Richard Arenstrup, Trustee, Cape Ann Trust, before a Notary Public of the Commonwealth of Massachusetts, at the offices of Robert F. Feeney, Esquire, Haverty&Feeney, Post Office Square, Six Main Street Extension, Plymouth, MA 02360, on the 10`h of-May, 1000—at 10:45 a.m:, and testify as to your knowledge, at the taking of the deposition in the above-entitled action. And you are required to bring with you the following documents: Any and all inspection reports for he property known as Sarah's Guest House located at 93 P easl a-nt Str-eet;Hyannis, Massachusetts. NOTE: Please call me upon receipt of this subpoena to discuss your appearance at the deposition and the above-requested documents. (Telephone number: (508) 746- 6100). Hereof fail not as you will answer your default under the pains and penalties in the law in that behalf made and provided. DATED: 41- /5-00 Robert F. Feeney BBO#549130 (�� � CXV HAVERTY&FEENEY Post Office Square Notary Public Six Main Street Extension My Commission Expires: Plymouth MA 02360 3331 (508) 746 6100 Supreme Judicial Court for the Commonwealth of Massachusetts 1412 Courthouse, Boston, Massachusetts 02108 (617) 557-1020 Philip E. Magnuson, Esquire Furman, Cannon & Ross 255 Main Street Hyannis., MA 02601 RE: Docket No. FAR-10742 RICHARD ARENSTRUP, trustee VS. ZONING BOARD OF APPEALS OF BARNSTABLE NOTICE OF DENIAL OF F.A.R. APPLICATION Please take note that the above-captioned Application for Further Appellate Review has been considered by the Court and is denied. Susan Mellen, Clerk ` Dated: September 27, 1999 To: Philip E. Magnuson, Esquire Robert D. Smith, Esquire i 0FTHE TO�ti The Town of Barnstable o Department of Health, Safety and Environmental Services KAM Building Division ,r'bsg. 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 j Ralph M.Crossen Fax: 508-790-6230 Building Commissioner Home Occupation Registration Date: Name: Irs,S 6- G , 14✓p iQ i Phone#: JS�G Address (�Gl �4 fl i �(J_ Villager Type of Business: A tS Q 7Q Qt, ;za N, Al i Map/Lot:l/ ,--T,-"6 —�02 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 41.4 of the Zoning ordinance,provided that the acclivity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor,no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit.. • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke,dust or other particular matter,odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials orj equipment. • There is no commercial vehicles related to the Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one,trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned,have read and agree with the above restrictions for my home occupation I am registering Applicant: Date: S Homeoc.doc i i 'THE The Town of Barnstable BAMSTABM 9 M'S" Department of Health, Safety and Environmental Services �p i639• �� 9. Building Division 367 Main.Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner MEMORANDUM TO: File FROM: Lois Barry DATE: 1/5/99 RE: Meeting with Ralph Crossen re Arenstrup Properties Lodging houses approved for issuance of Certificate of Inspection: Units 18 Quaker Road,Hyannis 6 7 Quaker Road,Hyannis 6 80 Yarmouth Road, Hyannis 8 34 Yarmouth Road, Hyannis* 8 156 Main Street, Hyannis* 15 164 Main Street,Hyannis* 5 93 Pleasant Street,Hyannis 25 (court decision attached) Multi-Families: 34 Yarmouth Road, Hyannis* 2 unless approval from ZBA for 4 units See letter 156 Main Street, Hyannis* 9 units approved. 10 units now. R. Jones visited site to confirm 115100. One unit to be eliminated. 164 Main Street, Hyannis * 8 units approved. 9 units now. R. Jones visited site to confirm 115100. One unit to be eliminated. 44 Yarmouth Road,Hyannis Now 8 units. One unit must be eliminated. Total should be 7 units. *Site contains lodging house and multi-family units. j000104a Supreme Judicial Court for the Commonwealth of Massachusetts 1412 Courthouse, Boston, Massachusetts 02108 4" (617) 557-1020 Philip E. Magnuson, Esquire Furman, Cannon & Ross 255 Main Street Hyannis, MA 02601 RE: Docket No. FAR-10742 RICHARD ARENSTRUP, trustee VS. ZONING BOARD OF APPEALS OF BARNSTABLE NOTICE OF DENIAL OF F.A.R. APPLICATION Please take note that the above-captioned Application for Further Appellate Review has been considered by the Court and is denied. Susan Mellen, Clerk Dated: September 27, 1999 To: Philip E. Magnuson, Esquire Robert D. Smith, Esquire Engineering Dept. (3rQoor) Map Parcel O o2 Permit# �z tO 2 House# ��, �� 4 Date Issued �I Board of Health(3r oor)(8:15 -9:30/1:00-4:30) Fee. 07) Conservation Office(4th floor)(8:30-9:30/1:00-2:00) - CAPPLICANTfJBT OgT�p ECT10N PE BNGINEEBtIYO V TBE BIJCTIO 20 rd 19 BARNSTABLE. • _ • MASS1639. P �FD Mph a`p t ( / TOWN OF BARNSTABLE Building it u d g Permit Application Project Street dressZ ` Village Owner Address Ala Telephone 4vil WA /P t Request IN- ,_First Floor square feet Second Floor square feet Construction Type 00-V4 u Estimated Project Cost $ Zoning District Flood Plain Water Protection Lot Size Grandfathered es ❑No Dwelling Type: Single Family ❑ Two Family ❑ eei-Fa_m'Z10yunits) Age of Existing Structure Historic House ❑Yes ❑No On Old King's Highway ❑Yes LSO Basement Type: Full Crawl Walkout Other YP ❑ ❑ ❑ ❑ Basement Finished Area(sq.ft.) /_,_� Basement Unfinished Area(sq.ft) Number of Baths: Full: Existing�_ New Half: Existing New No.of Bedrooms: Existing New Q Total Room Count(not including baths): Existing New First Floor Room Count Heat Type and Fuel: 4Gas ❑Oil ❑Electric ❑ er Central Air ❑Yes No Fireplaces: Existing ; ew Existing wood/coal stove ❑Yes W O g Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) ❑Attach (size) ❑Barn(size) one ❑Shed size ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use Builder Information Name Telephone Number 7 7S 3�3 Address as License# 4 3 Home Improvement Contractor# DOO Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT) SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO I SIGNATURE DATE ZyZt r BUILDING PERMIT ENIED FOR TH OLLOWING REASON(S) FOR OFFICIAL USE ONLY PERMIT NO. `l/`=' DATE ISSUED r + MAP/PARCEL NO. ADDRESS VILLAGE' OWNER / DATE OF INSPECTION: FOUNDATION • f ; q - �fir. FRAME ' - r J - x • 1 ,. . • c�". � ;F {d INSULATION-- FIREPLACE - e ELECTRICAL: ' ROUGH FINAL - PLUMBING: ROUGH ` FINAL GAS: SOUGH FINAL r �1 FINAL BUILD - COW y, zA i • DATE CLOSE 4,01 ASSOCIATIONI NO. r fMa #n/G _ 2`� - ' i 2 C I L ► C SAIL I ' �� dopo . v tz:z/qOj Ail) ArTla&r w�L� A. dq eAolwvn of Barnstable y Tlrc• CU1111lu 1111'Culth of:)fassachusclls Dc•Ilcrrllizent of Industrial Accidc.ws .Y r - iOffiCZ0 ffVesilgallatts ' ti il[7� ti' I/ r 6fl(1 if uslrin„1ci1r Sltcct Workcrs' Compensation Insurance Afridavit Av Plirint fnftirniatinn - Plc't5e PR(NT ledilily 'i name , tb � phone 1 am a homeowner performing all work myself. I am a sole proprietor and have no one working in any capacity I am an emptover providing^workers* compensation for my employees working on this job. rnniti•irn• n•imr- 7/ilirree• • cir�•• nhnnc tt• • ncnrnnrr rn npiicv It -.... ...�...M_.... ........... .�._.. am a soic pronrie:or. eenerai contractor, or homeowner(circle orre� and have hired the contractors listed beio« A,hc the oilowin= workers' compensation police!:: cmmrinnV n•irnr 9(irl rice• ��EJ��X--(�7 �A1 fir... �lG�/Y/dui �/�'j ' nhnne d• 9 Lam✓ '' 2.O J 9 incur^•irr rn !�71i��% ,�iC' !G �i«� nniicv tt -._.. ..., _ -- .--- �'ca-... � ---- _. :_-��tom•• ---•a.' -- -� -- � .�_. cnmmn�' nnrnr• .1ildrr— rir�•• nhnnc f1• incnr^nre rn - neiic�• Altzch additiOnli sheet if neecssary _ u'e^..Y -;:' .. --......cam. r..._.._.. �..:r.•.r,.-....v, z��;,;r= r.>..�� F:iiiurc to secure coverage :is required un cr section=eA�of NIGI. 152 can lead to the imposition of cnmmal penalties of a line up to 51S00-U0 anurur unc cars' imprisonment :ia i[cil :is cilii penalties in the form of a STOP WORK ORDER and a litre ufS100.00 a day against me. I understand that copy of this,statement nisi be furn•ardrd to the 0mcc of lnvestiz=nIons of the DIA for coverage verification. i sot car !Tics ofperjun•that the information provided above is true rd correct. I via i(rrcnr ccrriii crier p Si^naturc D G1�3119117 Print name "IeW5418-0 Phone `ufficiaiwse unto do not write in this area to be compieted by tiny or town ofrciai (`t f tits,or tnw n: perntiUliccnsc to r tluildin::Department K C:Uccnsinq Huard l: t.. check if immediate response is required QSeicctmen's ORcc l_• i q ,. L"tticalth Ucpartmcnt r i phone it• r'Uttier�� cent.^„r ncrerrn• Information and Instructions . r Massac.'iusctts General Laws chapter 152 section _'S requires all employers to provide workers cnmpens�t►on e "ia��'". an cmlpturec is defined as every person in the sen'ice of :tncrtiler und..r etnnim cgs. ,4s ducted from th contract of hire. express or implied. oral or written. An emplorcr is defined as an individual. partnership. association. corporation or other legal entity. or any two or the Fore-ping enunuud in a joint enterprise. and including the le;_al representatives of a deceased employer. or. receiver or trustee of an individual . partnership. association or other fecal entity. employing employees. H0 %el: owner of a dwelling house having not more than three apartments and who resides therein. or the occupant ot,",he d%%cilin_ house of another �vho employs persons to do maintenance ;construction or repair work- an such dwc1li►:_ or oil the _rounds or kjuilding appurtenant thereto shall not because of such employment be deemed to be ::n MGi_ Chanter !5Z section :'5 also states that el•er.• state or focal licensing agency shall withhold the issuance o, l of.a license or permit to operate a business or to construct buildings in the commonivealtlt for sny ;c::nt who Itns not produced acceptable evidence of compliance with the insurance covern-c required. �a�.:ionall�. neither the commonwealth nor any of its political subdivisions shall enter into any contract for :he of public work: until acceptable evidence of compliance with the insurance requirements of this led to the contracting authority. a1)1)1canis fl.cse �Iil in the workers' compensation affidavit completely, by checking the box that applies to your situation c:. sut 7 iyin`_ company names- address and phone numbers as all affidavits may be submitted to the Department of IIdustrial .-\ccidents for confirmation of insurance coverage. Also be sure to si gn and date the affidavit. Tile :ati•it should be rctur tied to the city or town that tite application for the permit or license is being requested. r :fie Derar tment of�Industrial accidents. Should you have any questions regarding the "Jaw" or if you are ree::: .O obt:.in a compensation policv. plerse c-il the Department at the number listed below. Cite it To xns Ple��e �e urc tha the affida%,it is complete and printed legibly. The Department has provided a space at the cot•.::;. ti:e "''flay it for �•au to fill out in the event the Office of Investigations has to contact you recardin` the appiicant. I= be _ : to fill in the permit/license number which will be used as a reference number. T1ie affidavits may be return+: 'ne D,=mnent by mail or FAX unless other arran__ments have been made. Tile Office of Investi=ations would like to thank you in advance for you cooperation and should you have any ques:' piease do not hesitate to _•lye us a :::If. The Deparu-nent-s address. teiepilone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents off ica .9f Investigations ; 600 «'ashin-ton Street Boston. Ma. 02111 fax T: (617) ;Z7-;749 phone =. "6 i-) = --'900 106. 10" or _ . 07. VO�I)7/I)7.(YIllI1ClLGlIL O�`/!�( 1CLCfLCUIr.GW ° ,. DEPARTMENT OF PUBLIC SAFETY CONSTRUCTION.SUPERVISOR LICENSE: Number ,$xPirgs:, ; Bisthdate: �1�10T/1g91. 11f0111944 Restricted,To '00 ( ' ` .RICHARD D ARENSTRUP BOX 2248 ita HYANNIS, MA 02601 , 0 C V t I � I i i ro li I i ' i A 0 0. cav h ��,�?o:: :1 ;�•ti ry. I i ,�-��7�T ! l� .c�. •,-t� I.y�...�,ta. .s>" :.�•���t•.�,�2.....7,`-���:i._- r 1 3' Id�r�j I L b i -•--I I �,y �� �J 1. /a••,,� a p i i ® Vjq Q ' � h b � i + t COMPLAINT I am formally giving notice of violations toIT05 CMR 4. 10.000 Chapter 2 State Sanitary Code. The dwelling(rooming house) in violation,-As located at 93 Pleasant St. Hyannis, Ma. The violations are as follows: 1 ) 410. 551 Screens for windows , 2)44110 552 Screens for doors 3) 410.553 Installation of screns 4)44�1--0:480 Locks 5) 410.550 Extermination of Insects, Rodents and Skunks 6) 410. 100 XAb@h@A Facilities 7) 410. 151 Shared Facilities{ a 8) 410. 200 Heating facilities required 9) 410. 201 ) Temperature Requirements 101.410. 280 Natural and Mechanical Ventilation 11 ) 410452 ) Safe Conditions 12 )4410.483 ) Auxiliary Emergency Lighting Systems and Exit Signs 13 )' 410.500 Owner ' s Responsibility to Maintain Structural Elements 14) 410. 501 Weathertight Elements 1.5) 410.400 Minimum Square Footage- ko ) : (during the months from MayUst to Sept:. 15th , (Note) The only existing occftan.cy standards are set by the dept. of public health. In order to set a number of occupants that may dwell in each room and also to establish how many occupants that may dwell in this rooming house, or any rooming house, at one time, I feel it is necessary (for safety reasons ) to inspect each and every room throughout the building and calculate floor space in determining -how many occupants should reside in each room and throughout the building. This proceedure has not yet been done and I have reason (through measuring) to believe ,that a large portion of rooms do not support the proper amount of square footage to b6e occupied by more than one person, nor do I believe any room large enough to inhabit three or more persons. ti d 6/13/95 DAVID JEBB (TENANT -PHONE 790-1182 -ROOM 12 -LET PHONE RING) NEEDS A LETTER FROM THIS OFFICE REGARDING THE VIOLATIONS AT 93 PLEASANT STREET AND A SIGNED COPY OF THE INSPECTOR'S REPORT. HE IS GOING TO COURT 6/22 AND WOULD LIKE THIS MATERIAL BY 6/15. G <� i h L� r. ............... 4 -0 3 �