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0353 SCUDDER AVENUE - Amnesty & MULTI-FAMILY
4 i 1 4 SENDER:'COWLETE THIS SECTION COMPLETE THIS SECTION 0�1 DELIVERY l"Complete iteras 1,2,and 3.Also complete A •Vnture item 4 if Restricted Delivery is desired. gent Print your name and'address on the reverse X ❑A ressee so that we can return the card to you. , g. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpie e or on the front if space permits. D. Is different from item 19 ❑Yes .1. Article Addressed to: ." /�.' ^ 1 address below:*' ❑No- 3. service Type• ULpertified M • press Mail` " ❑R Return Receipt for Merchandise s 4. Restricted Delivery?(Extra Fee) ❑Y 2. Article Number 7002 2410 0003 8424 9013 F (rmnsfer from service.label) Ps Form 3811,August 2001 Domestic Return Receipt 10259"2WAW 'B III Jill w UNITED STATES F0STAf SERVICE ,` First-Class Mail " s Postage&Fees Paid - �• Permit No,G-1U • Sender`Please print your name, address, and ZIP+4 61this box• ' aR TOWN OF BARNSTABIE BUILDING DIVISION z f' -200 MAIN ST. IHYAhTMS t�. Town of Barnstable Regulatory Services '• a�x►vsrnat.e. MASS. g Thomas F. Geiler,Director 1639. �0 ArEc3A Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-623.0 September 28, 2004 J� Samuel Traywick o P. 7 7 S .f17y ' Po Box 216 W. Hyannisport,MA 02672 5e Sc7 3 7 '6 RE: Illegal apartment Map/Parcel: 288i 115 Dear Property Owner: A review of our records including the permitting history of 353 Scudder Avenue as well as Zoning Board of Appeals records indicates that the use of that address as anything other than that of a single-family home is illegal. You are hereby ordered to discontinue the use of the above-referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within fourteen(14) days of receipt of this letter. A building permit must be applied for to redesign the layout to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose,we will be more than happy to help you. If we do not hear from you within the 14 days,we will be forced to seek criminal action against you. Very truly yours, rr / David Mattos Building Inspector f wK"WY FORM 494•SUBPOENA WITH OFFICERS RETURN HOBBS&WARREN,INC.PUBUSHERS DUCES TECUM REVISED BOSTON,MASS. �a• ,4 1'4 c �4 � N K k hie Tomm unur atlt of m 4i chus-e �} x c �����'35`�FcSFI..."; `)s�`a''t�3:1f.,?�11�.ta'i;. :-.,? ...,'�L }';i �``�'�ty`�•�'# Barnstable . M�.............................................ss (�t Gloria Urenas, Zoning-Enforcement": t�. it Sr,:..>;•ie.nc�.LaiS SS�:.l. ba l.eli.:>.sa.,$ it.t�.'�air; ... .i. «r.S r.Sf;3--•r Town of Barnstable 4` ......... .......... .................................................. ............... 367 Main Street, Hyannis, MA .......... ......... ........ ............................. .. .... .....................{ t� ........ .......................................................................... ..... g .. .: p .greeting. Vnu are herthU raum aubeb, in the name of The Commonwealth of Massachusetts, to appear . t ..�. 'i5r' F't`.s111 5i�a r.1�tSC�4ivY. before the...District...............................:........ Court...A.LY.�,s?.QA...... ....... . holden at..:.Barnstable.-... :, within and for the.county.of Barnstable ...................................... on the......7th...:. ....................day of:....November at........: .......... 9•;.010.0„... . .:.;..; :., .;,,o'clock;in the.:.<: .Oe:::`noon, and from day to day thereafter,-untiLthel action hereinafter named is,heard by said Court,,,,to give.,evidence of what you know relating to;an action of...:... ::..:...:;................ then and there to,be.heard and tried between ...................................... ...............John... ....guliems.o 3.................................................................. Plaintiff , and Marsha Fisher and Paul Fister ............Defendants � and in the..... ..Barnstable District............................ Court, DocketNumber.'.':9.6.25-:SU.=:30.7;4 7�"""" A /Y�VLYl4VN1l N(K� ................................b................................................t... ...............................................................................................................'...............................:.. ................................................................................................................................................ ................................................................................................................................................. ................................................................................................................................:............... ................................................................................................................................................ Etrelaf fail n#t, as you will answer your default under the penalties in the law in that behalf made and provided. Bnub Fit.......Hyannis............................the.....:.6.th....................:.. :day of...November A.D. 19 9 6 �l Notary Public—Justice of a Peace Subpoena issued at the request of. i Thomas M. Grimmer :::. (name of party/attorney) (at or y r) De p an ...31.0...Barns,table... oad r """"""""""" 1 se co act ttorne (sheet address) y Grimmer .,Hyannis.,••MA,• 01 026 u n re _pt this Subpoena """' """""""""""""' re ardi n e (city/town,state,zip code) g ar g .g ments for Trial. ( 508) 775-3665 .................................................................... (telephone number) MIMMOD WIENER Maas / 0- 1WO !, r MlM MWOMI r t t 7. f? November 24, 1998 Ms.Urano % Barnstable Building Inspectors Office 367 Main St Hyannis,MA 02601 Dear Ms. Urano, Please be advised that 353 Scudder Avenue is again housing"single room"boarders. It is my understanding approximately two years ago the matter of this address went before the Zoning Board of Appeals and it was ruled that the owners could rent the house as a"single"family dwelling. Please be advised that they have a sign posted outside the dwelling that indicates they are looking for single room boarders with a"room for rent". There are vehicles all over the front lawn and it makes the area look like a"pig sty". There is no formal driveway. When they back into the street,it is causing a traffic tie-up. I would also site at this time 365 Scudder Avenue. At one time this house was owned by the same individual who owned 353 Scudder Avenue. There are at least 5 vehicles all the time at that residence. Again making the area look like a"section 8"housing development. There is no driveway per say but one. The rest of the vehicles park on the lawn. Shouldn't there be a driveway put in? This should go before the Zoning Board of Appeals. 393 Scudder Avenue has been sold as I understand to new landlords. They are renting boarders as well. There are at least 6 cars a day at this residence. I would like to see you investigate these buildings to see if anything can be done to get them to be complaint with the building codes and county laws. How long is it going to be before these slumlords straighten up these pieces of property? I was in negotiations to purchase a house in the area but have taken myself out of the negotiations due to these three homes. They're an atrocity and they house deviants. I feel very badly for those people living in the area since there are a lot of nice homes in the area. I will be campaigning to anyone in the area not to buy homes in that area It's terrible. Y -2- Why doesn't Barnstable County adopt the same laws that the mayor of Boston is doing right at this time, "The Shame Law". It is forcingthe l sum lords to fix up homes that are falling apart. Surely,Hyannis does not want to become known as the area of Cape Cod where people live in Se ction action 8 housing. What a t P P mg Brea invitation for the tourists. Ms. Urano %Barnstable Building Inspector's Office 367 Main Street ` Hyannis,Massachusets 02601 1'11"it"I.1.11"11,Ill„11111111 sit„j Ili 1:111111„11 E' �. T � i_ � - f. � �u` _�� � - <.' �� I a. ..... :::..: :::::.,:::..:.::.,,..:Y:.:;:::.;,,.::::.:..,:..:.:.,,,:,,,....:,...... :..: :...................a.::::...................a.. YY}:•Y:•Yi?::YYYYYYi: YYri:: ........... •::•YY::Y:•.Y;Y:;..{ov:•YY YYY:{{::;'. :.. ::... 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S CTION.WILL :'>ME T E REALAT RATA O ADD RESS S AT 10:00 ..A.M. 6 23 98 sil 'low i1a; In �e 5 ::•:Y v'r.4y.•:: JLU+24 '98 09-36R[li C21COBBNiJWRKRLESTRTE P.1 Gk*ljlvrA Cobb-Now_ _ak Canter Piaoe 1. 1550 Poute 28 Centerville,Massachusetts 02632 Fax(508)771-6089 Business(508)775-2121 r_,Y7 76 FAX COVER SHEET ---FAX # 771-8089--- DATE: / NO. of PAGES: (Including this cover page) TO: F, N(J: FROM: 9 ` COMMENTS: o_ _ c Please call me at(508) 775-2121 if there are any problems with this Transmission t�aies Each Office Is lnd9pendsntly Owned And Operated ZW The Town of Barnstable 1" ��' Department of Health Safety and Environmental Services +' Building Division i 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 8, 1997 TO WHOM IT MAY CONCERN: Re: 353 a/k/a 289 Scudder Avenue My review of the locus reveals that the parcel was part of an unzoned area until 1953 at which time it became an RA District(which required Zoning Board of Appeals approval for two family homes). The records of the Assessors Office show that this home was built in"195 F!"'. Given this information,and the lack of any other rnunicipal information to the contrary, it is plausible that the home was built when two family homes were allowed. Based on the three affidavits of record,I am of the opinion that the home in question was probably built when the area was unzoned and,possibly,as a duplex. Without any information to the contrary,and as long as the owner removes the basement apartment and brings the home up to code,I will concede that this duplex home is a preexisting non-conforming two family home. Sincerely, ARalp . Crossen Building Commission- RMC/km QW0108X f a. Mr. Ralph Crossen, Building Commissioner January 4, 1997 Town of Barnstable 367 Main Street Hyannis, MA. 02601- Re: 353 a/k/a/ 289 Scudder Ave. , Hyannis Dear Mr. Crossen: I am a resident of 454 Scudder Ave. , Hyannis and I have lived in this immediate area since the late 1940's. I remember when the building at 353 Scudder Ave. , at the corner of Redwood, and the one next door to it, were built in the early 1950's. To the best of my memory, the two buildings were exactly the same and they were both duplexes. I believe they have stayed the same ever since. Very truly, yours, Austin Bell LEGAL SERVICES FOR CAPE COD AND ISLANDS, INC. 460 WEST MAIN STREET, HYANNIS, MASSACHUSETTS 02601-3695 (508)775-7020-428-8161 1-800-742-4107 All Numbers Voice and TTY FAX(508)790-3955 December 9, 1996 Gloria Urenas Zoning Enforcement Office Town of Barnstable Building Services Barnstable Town Hall 367 Main Street Hyannis, MA 02601 Re: John Williamson v. Joan Burke Summary Process No. 9625-SU-3076 Dear Ms. Urenas: The above referenced case has been continued to Friday, January 10, 1997, at 9:00 a.m. Please remain on call at that date and time. I will contact you at your office by 10:00 a.m. to let you know if your testimony will be required. Please plan to be available. Also, I have two questions for you. First, have you had any luck tracking down a file ' from 1983 regarding the alleged zoning violation? Second, did Steven Waldeck, Joan Burke's neighbor at 353 Scudder Avenue ever contact your office to complain about the premises? Thank you for your help. Very truly yours, Susan Nagl Attorney at Law SN/ks Plymouth Office 18 Main Street Extension,Plymouth,Massachusetts 02360 t� (508)746-2777 1-800-585-4933 FAX(508)746-4311 November 27, 1996 Town of Barnstable Zoning Board of Appeals Ms.Gail Nightingale,Chairman Dear Members, I an a neighbor to the property listed as 353(a.k a.289)Scudder Ave.Hyannis,Ma. My wife and I reside part time at 350 Scudder Ave.This home is planned to become our retirement home shortly. Regarding the 3 appeals(1996-153;154;155)by John&Eunice Williamson regarding the property at 353 Scudder Ave. We must submit our concerns to the Zoning Board of Appeals. It appears that the owners of the property are absentee owners and landlords. There have been times over the recent years that the property has not been maintained by the tenants in a manner customary with the rest of the neighborhood. This refers to furniture and auto parts left roadside for extended periods of time. We believe that the absentee owners have divided this single family home into apartments solely for profit reasons in violation of the town's zoning laws and have no other interest in establishing themselves in the neighborhood, They also appear to have no extended"in-law interest" in the properly.- For these basic reasons we are asking the Zoning Board of Appeals to support the established zoning code for this neighborhood. We ask the Zoning Board of Appeals to vote in support of the Cease and Desist Order of the Building Commissioner(Appeal Number 1996-153)to keep the property as a single family dwelling. We do not favor a multifamily dwelling at this location. (We also question whether the abutting southerly multifamily properties facing Scudder Ave.are illegal in light of this discovery). Appeal Number 1996-154 Please vote against this appeal to allow a variance to convert the conversion of a single family house into 3 multiple rental units in a RB residential B zoning district. The owners obviously had intended to circumvent the zoning rules for personal gain,for as long as they could. This seems to be underlined,by their apparently not filing a building permit nor requesting a variance from the Zoning Board of Appeals which should have identified their intent prior to discovery by the Building Commissioner. Appeal Number 1996-155 Please vote against this appeal to allow a special permit for the conversion of this single family house to support renting 6 rooms to lodgers. This doesn't seem to be in anyone's interest except the absentee owners. It is inconceivable that 6 lodgers sharing the facilities of a single family house without the owner on site would be beneficial or complementary to a single family residential neighborhood. Sincerely, ames C and Judith C Reed 350 Scudder Ave. Hyannis,Ma. CC: Building Commissioner R • a�n�� 3 5 3 c�L� � v� � r5i 01 a a r 6 u r - D a L f I r 3 � C V I f C C r 3 � � } C 0 c C r L G C 0 I f I +f C G G G ";ly h F r r k,4r-ken ` Goo s�o �I 1 r ' c n c -' n /Engineering'Dept.(3rd floor) Map �; 0 Parcel Permit# 06 House# c_4�(ff Date Issued / -7 —9 Board of Health(3rd floor)-(8:15 -9:30/1:00-4:30) e. r /Conservation Office.(4th floor)(8:30-9:30/1:00-2:00) / / ® or/School Admin. Bldg.) THE,p l77rd by Planning Board 19 • BARNSTABLE. MAqq- TOWN OF BARNSTAELE Building Permit Application Project Street Address �v ���dr��a" .�✓C �,Ak,+ �z Village p�/ Owner /�, l�J"&,0✓Z."M Address ,.37 k �'G�ar�• �de '�d�6��a�vs Telephone Permit Request f D )1 i/'tJ&t za. 3 q-vll- hd Se -/-0 a_ aluple K ,6" f:/l1dt2/_44,S 14-�7 61":7 v , S First Floor square feet Second Floor 0 square feet Construction Type A&v, 4&4",e Estimated Project Cost $ -76 y " Zoning,District Flood Plain Water Protection Lot Size Grandfathered ❑Yes ❑No Dwelling Type: Single Family ❑ Two Family M Multi-Family(#units) Age of Existing Structure '&"yes Historic House ❑Yes E(No On Old King's Highway ❑Yes f(No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) ti`'g-o Basement Unfinished Area(sq.ft) Number of Baths: Full: Existing _3 New Half: Existing New No.of Bedrooms: Existing 3 New Total Room Count(not including baths):Existing New First Floor Room Count Heat Type and Fuel: p'Gas ❑Oil ❑Electric ❑Other Central Air ❑Yes Wlflo Fireplaces:Existing U New Existing wood/coal stove ❑Yes E(No - Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) ❑Attached(size) ❑Barn(size) &rNone ❑Shed(size) ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes O/No If yes, site plan review# - Current Use 2AgZt< Proposed Use Builder Information Name 6 24 Telephone Number Address License# Home Improvement Contractor# 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 SIGNATURE DATE BUILDING P R T DENIED FOR THE FOLLOWING REASON(S) FOR OFFICIAL USE ONLY PERMIT NO. - fw DATE ISSUED t f MAP/PARCEL NO. F ADDRESS VILLAGE' OWNER 44 DATE OF INSPECTION: A FOUNDATION r FRAME r INSULATION A FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH ' FINAL GAS: ROUGH FINAL FINAL BUILDING A DATE CLOSED OUT ASSOCIATION PLAN NO. y "E l The Town of Barnstable) • antuvsTABL& `9� �e� Department of Health Safety and''Environmental Services OTEO5.tA Building Division 367 Main Street,Hyannis MA 02601 Office: 508-'790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner For office use only Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the "reconstruction, alterations, renovation, repair, modernization, conversion, improvement, removal, demolition, or construction of an addition to any pre-existing owner occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors, with certain exceptions,along with other requirements. Type of Work: Est.Costk-�Oor - Address of Work: —j.�---3 )V, Owner's Name Date of Permit Application: I hereby certify that: Registration is not required for the following reason(s): Work excluded by law Job under$1,000. Building not owner-occupied Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A SIGNED UNDER PENALTIES OF PERJURY 7�j.I hereby apply for a permit as the agent of the owner: `Date Contractor Name Registration No. OR, Date 014er's Kame i r The Commonwealth of Alassac•husetts Department of lndustrial Accidents Ofliceol/nest/gal/ons 1 600 11'a.0hi turr Street Bustu►r, Ma.vx 02111 Workers' Compensation Insurance Affidavit li :in inf rm -i �. ��._. .,..�_�..�,_-PI �- P f -�• -�. ....,a,...,._._._.d...._._. --�- - _._._ -•- - mc• ` Incati n cit. VU, 12hone# ( 7- a ,� I am a I meowner performing all work myself. I am a sole proprietor and have no one working in any capacity -;,... ...<....,•.-.,---,v..._._........_......_...�.e a.....-a'�STcr�-.+re.+e..�� •::r'sir-R—.-�,....,u,....re,,.my.r.....�... ,....r.�....�..;;�-....y-......—.. -....^-.- ,... ......-�. ...^..�..«.L:-....r_........+..sc....:..........:.........._ i ._._.ems::. .��......'--:.�.,..c�..:¢r..... .. . .. .,. __-�..c..��. _.:.�.��-......--�._....�._ 1 am an emplover providing workers' compensation for my employees working on this job. co innanv name: address: city: Phone#: insurance co. nolicv# ❑ I am a sole proprietor, general contractor, or homeowner(circle one) and have hired the contractors listed below %Z have the following workers' compensation polices: company name: address: city: phone#: insurance co. anlicv# compnnv name: address. city: phone#' insurance co Policy# 7777 Attach additional sheet if tieccssary _'- _ _ �' "�`"_! _..__._ - �'.rs.Y t.�t►'J-' _ ••may..-s^w•-•� .1 '�.` C'�Jr...�i.•Y_ic i..r r,. Failure to secure coverage as required under Section 25A of AIGL 152 can lead to the imposition of criminal penalties ol•a line up to 51.500.00 andiur one cars'imprisonment as well as civil penalties in the form of a STOP NVORK ORDER and a fine of 5100.00 a dap against me. I understand that a cop} of this statement mac be forwarded to the Officc of Investigations of the DIA for coverage verification. 1 r herehr c r t rr r the pai s nd penalties of perjurr that the information provided above is true and correct Sienature Date Print nam Phone# ''official use unly do not write in this area to be completed by city or town official E city or town: permit/license# I-1Building Department Licensing Board L I]check if immediate response is required ❑Selectmen's Office ► 011ealth Department contact person: phone#: nUlher j;: f �v- i rep Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law an ennpinree is defined as every person in the service of aiiothei-under any contract of hire, express or implied, oral or written. An enrphoi-er is defined as an Individual. partnership, association, corporation or other legal entity, or any two or more the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased emplover, or the receiver or trustee of an individual , partnership. association or other legal entity, employing employees. However the owner of a dwelling house haying not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance , construction or repair work on such dwelling hour or oft the urounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally, neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter hz been presented to the contracting authority. _ Applicants Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and supplying= company names. address and phone numbers as all affidavits may be submitted to the Department of lndustrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested. not the Department of Industrial Accidents. Should you have any questions regarding the "law"or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of lnvestibations has to contact you regarding the applicant. Plea: be sure to fill in the P ermit/license number which will be used as a reference number. The affidavits may be returned tc the Department by mail or FAX unless other arrangements have been made. The Office of investigations would like to thank you in advance for you cooperation and should you have any questionE lease do not hesitate to give us a call. P .. y'•.•J..v�l!,•-•._,.,: ._..,�.,.N':•w.-' '•�Y+I•SM'r•A..:`�I�•.�..rw_:...lr...i-�.+w._.�^I1II.�R.�..l�+ ..!. a.. .. .. a...�..wwT...:..tw.�+...w�+...r�w..+.. T.!r�s.:•..w..,-TnaM.1!T.".-'.r."+' The Department's address. telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Office of Investigations 600 «'ashington Street Boston,Ma. 02111 fax #: (617) 727-7749 phone #: (617) 727-4900 ext. 406, 409 or 375 4� TOWN OF BARNSTABLE BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please print. DATE JOB LOCATION - Number Street address Sec ion town "HOMEOWNER" .p -xJ CO _ Name . Home hone Work hone P p i PRESENT MAILING ADDRESS - • • City town S ate Zip code The current exemption for "homeowners" was extended to include owner-occupied dwellings of six units or less and to allow such homeowners to engage an in- dividual for hire who does_ not possess a license, provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER: Persons) who owns a parcel of land on which he/she resides or intends to re- side, on which there is, or is intended to be, a one or two family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section 109. 1. 1) The undersigned "homeowner" assumes .responsibility for compliance with the Stat Building Code and other applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands ._the Town of Barnstable Building Department Minimum inspection procedures and requirements and that he/she will comp 'th said procedures and requirements. HOMEOWNER'S SIGNATURE APPROVAL OF BUILDING OF ICIAL Note: Three family dwellings 35, 000 cubic feet, or larger, will be required to comply with State Building Code Section 127. 0, Construction Control. HOME OWNER'S EXEMPTION h The code state that: "Any Home Owner performing work for which a building permit is required shall be exempt from the provisions of this section (Section 109.1. 1 - Licensing of Construction Supervisors) ; provided that if Home Owner engages a person(s) for hire to do such work, that such Home Owner shall act as supervisor. " Many Home Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Regulations for .licensing Construction Supervisors, Section 2. 15) . This lack of awarenes often results in serious problems, particularly when the Home Owner hires unlicensed persons. In this case our Board cannot proceed against the inlicensed person as it would with licensed Supervisor. The Home 'bwner,* actin as supervisor is ultimately responsible. To ensure that the Home Owner is fully aware of his/her responsibilities, man communities require, as part of the permit application, that the Home Owner certify that he/she understands the responsibilities of a supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. i. : . . ; The Town of Barnstable KAM• asarrsr� • ��' Department of Health Safety and Environmental Services 161 Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: ATTN: FAX NO: 7 90 FROM: �i 1 DATE: c PAGE(S): (EXCLUDING COVER SHEET) y FtMET��♦ The Town of Barnstable 131A"STAM i Department of Health, Safety and Environmental Services o 9�,� Public Health Division 367 Main Street,Hyannis,MA 02601 Office 508-790-6265 Thomas A.McKean FAX 508-775-3344 Director of Public Health July 23, 1996 -John&Unis Williamson 566 Commonwealth Ave. Room 606 Boston, MA 02215 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property owned by you located at 353 Scudder Ave. Hyannis , MA was inspected on July 15, 1995 by Edward Barry, Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 and the State Sanitary Code were observed: 105 CMR 410:500: Holes in front window screens, broken storm window in bathroom, window pane missing in kitchen window. 105 CMR 410:351A: Bathroom sink drain leaks, toilet flush inoperative, slow water flow in bathtub drain. 105 CMR 410:35IB: Refrigerator freezer ices up continuously, does not maintain adequate temperature in refrigerator section (temp. 55 degrees). 105 CMR 410:351B: Lights constantly turn off due to overloading. 105 CMR 410:481: Owner's name, address, and telephone number is not posted. You are directed to correct the violation of within twenty-four(24) hours of receipt of this notice by You are also directed to correct the remaining above listed violations within seven (7) days of receipt of this notice. williaml.doc/q/ed l Gl, You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, this violation must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than.$500. Each separate day's failure to comply with an order shall constitute a separate violation. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF T E BOARD OF HEALTH Thomas A. McKean Director of Public Health william.dodq/ed • Q�FTNET��` The Town of Barnstable { DAHysTm Department of Health, Safety and Environmental Services mum 03 • Public Health Division t639 'EO MAY M\ 367 Main Street,Hyannis,MA 02601 Office 508-790-6265 Thomas A.McKean FAX 508-775-3344 Director of Public Health July.23, 1996 John&Utiis Williamson 566,Commonwealth Ave. Room 606 Boston,MA 02215 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE, ARTICLE 51 The property owned by you located at 353 Scudder Ave., Hyannis was inspected on July 15, 1995 by Edward Barry, Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 and the State Sanitary Code were observed: 105 CMR 400:180: Low water pressure in kitchen sink. 105 CMR 410:351: Light switches in bathroom not synchronized (two switches connected to the same light do not operate properly.) 105 CMR 410:351: Kitchen fan is inoperative. 105 CMR 410:351: Electricity turns-off whenever multiple appliances are plugged-in and turned on. 105 CMR 410:550: Rodent feces observed in basement. 105 CMR 410:481: Owner's name, address, and telephone number is not posted. You are directed to correct the violation of within twenty-four(24) hours of receipt of this notice by You are also directed to correct the remaining above listed violations within seven (7) days of receipt of this notice. william.doc/q/ed I _ You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, this violation must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day's failure to comply with an order shall constitute a separate violation. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH homas A. McKean Director of Public Health williaml.dodq/ed MAS& • The. Town of Barnstable 05 Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner September 5, 1996 Attorney Peter Freeman Lipman, Drummond& Freeman P.U. Box 578 Barnstable, MA 02630 SPR 84-96 Williamson Apartments, 353 a/k/a 289 Scudder Avenue, Hyannis, (288/115). Proposal: Existing house with 3 one-bedroom apartments. Dear Mr. Freeman, The above referenced site plan was reviewed at the September 5, 1996 meeting of Site Plan Review Committee and deemed approved and forwarded to the Zoning Board of Appeals with the following conditions: • Resolve cesspool issue with Health Division. • Redesign parking so vehicles are not backing out into roadway and submit plan for Site Plan Review signatures prior to Zoning Board of Appeals Hearing. • Meet with me to discuss what zoning relief*ill be necessary to apply for at the Zoning Board of Appeals. Please be informed that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Should you have any questions, please feel free to call. Respectfully, Ralph M. Crossen Building Commissioner vIJ r'g g • j fit:`- e .�' -r-,x $ The Town of BarnstableBARNWA8M KAM ' Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 8, 1997 TO WHOM IT MAY CONCERN: Re: 353 a/k/a 289 Scudder Avenue My review of the locus reveals that the parcel was part of an unzoned area until 1953 at which time it became an RA District(which required Zoning Board of Appeals approval for two family homes). The records of the Assessors Office show that this home was built in"195 f!". Given this information,and the lack of any other municipal information to the contrary,it is plausible that the home was built when two family homes were allowed. Based on the three affidavits of record, I am of the opinion that the home in question was probably built when the area was unzoned and,possibly,as a duplex. Without any information to the contrary,and as long as the owner removes the basement apartment and brings the home up to code,I will concede that this duplex home is a preexisting non-conforming two family home. Sincerely, ARalp ;Crossen r Building Commissioner RMC/km Q7010sd r s 566 Commonwealth Ave., #606 Boston, MA 02215 January 4, 1997 Mr. R. M. Crossen, Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: 353 a/k/a 289 Scudder Avenue, Hyannis Dear Mr. Crossen: Myself and my wife, Eunice, are the owners of the above referenced property since 11/17177. We signed a Purchase and Sale Agreement which described the property as a "two-family residence.,"with Mr. Donald D. Crocker. At the same time, we also purchased from Mr. Crocker the adjacent property, 365 Scudder, which is a two-family dwelling. Since purchase, the properties have continuously been rented on a year-round basis, with three unite at#353 and two at#365. During our ownership, no improvements to the property were made, except for one window enlargement required by Mr. Joseph D. Daluz in 1983. Maintenance of the property since 1977 included replacement of: roof, rear shingles, boiler, two stoves, water heater, three toilets, two shower stalls, bath tiling, all faucets, rugs, several windows, garage doo-, porch and steps, electric panel and kitchen flooring. Mr. Crocker, who purchased the two properties about 1964, informed me that he had always operated them as rentals and had made no significant improvements during his ownership. This affidavit signed under pain and penalty of perjury on January 4, 1997. . P. Williamson Jl' - OF BARNSTABLE BUILDING DEPT. DEC 2 3 1996 �'�-•���� �.�--.- - U I G new �--ez--7 �_Ice_ I 3JAATURAe 1014WOT -" .-._ � .-r.^ - .._..... ,- .._-_.-� .� ._ -►�4._ ___._._..._�4- ._ ...r,.T� �f :. - -_ a ,.. _._- --- -- 10/31/96 - Gloria Unemas appeared in Barnstable District Court this date on the attached Summary Process matter. This Summary Process matter was continued to 11/21/96 for hearing by agreement. COMMONWEALTH OF MASSACHUSETTS Patricia L. Stewart TRIAL COURT Head Administrative Assistant BARNSTABLE, SS: DISTRICT COURT DEPARTMENT' BARNSTABLE DIVISION SUMMARY PROCESS NO. 9625-SU-3076 John Williamson, Plaintiff SUBPOENA DUCES TECUM VS. Joan Burke, Defendant ********************************** TO: Gloria M. Urenas Zoning Enforcement Officer Town of Barnstable Building Services 367 Main Street Hyannis, MA 02601 GREETINGS, YOU ARE HEREBY COMMANDED, in the name of the Commonwealth of Massachusetts, to attend and give testimony, at/before the Barnstable District Court, First Barnstable Division, Barnstable, Massachusetts, on the 31 st day of October, 1996, at 10:30 a.in. and from day to day thereafter until the examination is completed. You are further required to . bring with you all documents relating to the premises at 353 and/or 289 Scudder'. Avenue, Hyannis, Massachusetts from August of 1995 to the present. HEREOF FAIL NOT, as failure by any person without adequate excuse to obey a subpoena served upon him be deemed a contempt of the court in which the action is pending. DATED AT Barnstable, this 17th day of October, 1996.. Pursuant to M.G.L. c. 261, § 27A and M.G.L. c. 262, § 29, Defendant is proceeding under an Affidavit of Indigency. Pursuant to M.G.L. c. 262, § 29, expenses incurred by witnesses summoned by Defendant "shall be paid by the Commonwealth after such witness has certified with the Court the amount of travel and attendance." NO UBLIC My commission expires: Town of Barnstable Building Department ComplainylAqui y Report ��9 J. Date• _ Rec'd br. Assessor's No: Complaint Name: Location A ciclress: �- Originator Naine• Street: Vim: State. Zip: Telephone: D/E Complaint Description: A of(7- CU l (2 r e S'- _S %o V, —Y �h ale, �ji� Fez� f� I 'Ve, L-6s7 Q w o n z. P 4 Y S 14-S P © W-� 4�i�S © v 7- Inquiry Description: r is ld C � 1/0 �� �0 For Office Use Only Inspector's Action/Comments Date: V5- e Inspector. - G �7 7 Y/ Follow-Up ollowupc� —2 Action s 9 Additional Info. Attached AFFIDAVIT OF WILFRED E. CALMAS, PhD. I, Wilfred E. Calmas, hereby state under the pains and penalties of perjury the following: 1. My name is Wilfred E. Calmas. I reside at 62 Fairway Road, Chestnut, Hill, MA 02167. 2. In 1954 and 19551 developed property identified as lots 2, 3, 4, 5, 6, 7, 8, 9, as well as property located at lots 62, 63, 64, 65 and 66 in Hyannisport. 3. Prior to developing the property, I obtained permits from the Building inspector in the town of Hyannis to build one single residential dwelling on each lots, 2, 3, 4, 5, 6, 7, 8, 9, 62, 63, 64, 65 and 66. 4. In 1955 and 1954 1 constructed single residential dwellings in accordance with the permit at each of the aforementioned locations. 5. My wife and I are still the owners of record of two of these single family dwellings, 8 Summer Avenue and 24 Marstons Avenue ... for title reference, refer to Redwood Acres, Hyannisport, Plan Book 110, page 29. 6. 1 have made a due diligent search for the original permits; however, unfortunately, am unable to locate the original permits and believe that I have destroyed same. Mr. George Memetz, an owner at Redwood Acres, contacted the Building Inspector who also in unable to locate the original permits. 7. It is my understanding and belief that use of any of these lots or any combination of these lots in Redwood Acres for multiple dwellings would be in violation of the permit for single family dwellings. Signed under the pains and penalties of perjury this day of 1996. Wilfred - Calmas, PhD. otary Public.. Kennetl`rHai;)W' :- NOTARY pUBUC My Commission Expires: � � f Parcel Detail Page 1 of 3 H Et iBARNST XDJLE r u � \�F�� �i�d-``r' a - '' .tea„ - �+n ��Y%f 'l'` ��� jr. �,,,. •a Logged In As: Parcel cel Detail Thursday, June 25 2009 Parcel Lookup Parcellnfo Parcel ID 288-115 I DeveloperLot LOT 66 Location 1353 SCUDDER AVENUE I Pri Frontage 175 Sec Sec Road REDWOOD LANE I Frontage 59 Village HYANNIS I Fire District I HYANNIS Sewer Acct Road Index 1440 i ,0'& Interactive ^�" Map t � , Owner Info_ owner rTRAYWICK, SAMUEL C I Co-owner Streetl I PO BOX 216 I Street2 City[HYANNISPORT I State MA j zip 02672 Country USA I Land Info Acres 10.18 1 use IThree Fam I Zoning RB Nghbd 0105 Topography Level I Road Paved i utilities Public Water,Gas,Septic Location Construction Info Building 1 of 1 Year Ext 1951 I Roof Struct Gable/Hip I Wall all Wood Shingle Built Effect 1475 I Roof Asph/F GIs/Cmp I AC None Area Cover Type Style Ranch Int Dr wall Bed 4 Bedrooms i � I Wall f y � Rooms� I Int Bath Model I Residential I Floor I Rooms r3 Full Grade Average Minus I Type Hot Water I Rooms Total I° Rooms http://issgl2/intranet/propdata/ParcelDetaii.aspx?ID=21864 6/25/2009 Parcel Detail Page 2 of 3 . !1 Fuel F ation ,. i. Stories 1 Story Gas I Conc. Block ouhd %4 AV Permit History Issue Date Purpose Permit# Amount Insp Date Comments Visit History Date Who Purpose 10/10/2003 00:00:00 Gary Brennan Meas/Est 02/08/2002 00:00:00 Paul Talbot Meas/Listed-Interior Access 05/12/1998 00:00:00 Lloyd Kurtz 12/15/1988 00:00:00 ML Sales History Line Sale Date Owner Book/Page Sale Price 1 04/03/2003 TRAYWICK, SAMUEL C 16688/124 $215,000 2 12/14/2000 SCHILLER, PHILIP 13428/201 $152,500 3 11/05/1999 MORGADO, MANUEL F &ALINA T 12648/153 $1 4 10/08/1999 MORGADO, MANUEL F 12594/181 $122,500 5 07/13/1998 LAROCHE, GLENN M 11566/043 $95,000 6 WILLIAMSON, JOHN P & EUNICE 1342/630 $0 - Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parcel Value 1 2009 $106,200 $28,900 $0 $134,500 $269,600 2 2008 $123,700 $28,900 $0 $140,100 $292,700 4 2007 $122,900 $28,900 $0 $140,100 $291,900 5 2006 $119,000 $28,900 $0 $141,500 $289,400 6 2005 $96,300 $23,100 $0 $125,000 $244,400 7 2004 $85,500 $28,800 $0 $125,000 $239,300 8 2003 $77,500 $28,800 $0 $40,900 $147,200 9 2002 $76,800 $7,600 $0 $40,900 $125,300 i 10 2001 $76,800 $7,600 $0 $40,900 $125,300 11 2000 $62,700 $7,200 $0 $29,500 $99,400 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=21864 6/25/2009 Parcel Detail Page 3 of 3 12 1999 $62,700 $7,200 $0 $29,500 $99,400 13 1998 $62,700 $8,000 $0 $29,500 $100,200 14 1997 $61,800 $0 $0 $29,500 $91,300 15 1996 $61,800 $0 $0 $29,500 $91,300 16 1995 $67,600 $0 $0 $29,500 $97,100 17 1994 $63,700 $0 $0 $26,600 $90,300 18 1993 $63,700 $0 $0 $26,600 $90,300 19 1992 $72,600 $0 $0 $29,500 $102,100 20 1991 $87,400 $0 $0 $41,300 $128,700 21 1990 $87,400 $0 $0 $41,300 $128,700 22 1989 $87,400 $0 $0 $41,300 $128,700 23 1988 $58,900 $0 $0 $18,000 $76,900 24 1987 $58,900 $0 $0 $18,000 $76,900 25 1986 $58,900 $0 $0 $18,000 $76,900 Photos http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=21864 6/25/2009 The Town of Barnstable • �arisres�, • Department of Health Safety and Environmental Services ram+" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 12, 1995 John and Eunice Williamson 870 Gay Street Westwood,MA 02090 Re: 353 Scudder Avenue,Hyannis,MA Map/Parcel 28F./155 Dear Property Owners: A review of our records,including the permitting history of 353 Scudder Avenue,as well as the Zoning Board of Appeals records indicates that the use of that address as anything other than a single family home is illegal. You are hereby ordered to discontinue the use of the above referenced property as it is now being used and restore it to a single family home. You are to accomplish this work and notify this office to inspect within 14 days of your receipt of this letter. A building permit must be applied for to remove the illegal kitchens and redesign the layout to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. Ifyou so choose,we will be more than happy to help you. If we do not hear from you within the 14 days,we will be forced to seek criminal action against you. Sincerely, Ralph M. Crossen Building Commissioner RMC/km cc: Hyannis Fire Department CERTIFIED MAIL P 015 496 718 R.R.R. Q950912A i Zoning Board of Appeals-Decision and Notice John&Eunice Williamson Appeal No. 96-154: Use Variance to Section 3-1.1(1)(A) homes. Based on this affidavit, the Building Commissioner will allow the Applicant to return the home to a dtglex,,abandon the third apartment, and clean up the area, then the use will be allowed. Ran Jansson asked the Building Commissioner if.the area was zoned for two families when it was built, and when did the zoning in that area change to not allow two families dwellings as a matter-of-right. Also, has that duplex use always been maintained, because if the use was discontinued for more than two years after the change in zoning, the non-conformity is lost. The Building Commissioner stated that zoning in that area started in 1959. In 1959 or 1960, the uses were established and he indicated that two family were allowed for.quite some time. He was not sure when zoning in that area changed to only single family but he believes it was in the late 1960s. The Buiding Commissioner has not checked to see if the use has always been a two family house or if the nonconforming status has been lost due to lack of continual use as a two-family. He will seek proof.of renlals over that time period from the applicant. At his point, Attorney Freeman requested to withdraw his request to withdraw these appeals without prejudice and asked for these appeals to be continued. This would allow the Attorney and the Building Commissioner time to search for the requested information. All three Appeals (1995-153, 1996-154, and 1996-155)were continued to January 8, 1997. As no testimony was given, new Board Members would be assigned at the continuance. At the continuance of January 08, Board Members hearing these appeals were Ron Jansson, Gene . Burman, Emmett Glynn, Tom DeRiemer, and Chairman Gail Nightingale Attorney Peter Freeman told the Board that he has received a letter from the Building Commissioner indicating that this duplex home is a pre-existing non-conforming two family home. Therefore, Attorney Freernam would like to withdraw these applications as relief is no longer needed. Decision: At the request of the applicant, a motion was duly made and seconded to allow Appeal Number 1996-154 to be Withdrawn Without Prejudice. The Vote was as follows: AYE: Ron Jansson, Gene Burman, Emmett Glynn, Tom DeRiemer, and Chairman Gail Nightingale NAY: None Order: Appeal Number 1996-154 has been Withdrawn Without Prejudice. 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. Jan. 2z-, 1997 G Nightingal Chairma Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been fil�zEZZZ,�Xay the office of the Town Clerk. Signed and sealed this, of 199 the pain nd penalties of perjury. Linda Hutchenrider, Town Clerk 2 . , r lac-• � � ... . ---- - EDIM�� Town of Barnstable Zoning Board of Appeals Notice -Withdrawn Without Prejudice John & Eunice Williamson Appeal No. 1996-154: Use Variance to Section 3-1.1(1)(A) Summary Withdrawn Without Prejudice Applicant: John&Eunice Williamson Property Address: 353(a.k.a.289)Scudder Avenue, Hyannis, MA Assessor's Map/Parcel Map 288, Parcel 115 Zoning: RB Residential B Zoning District Groundwater Overlay: GP Groundwater Protection District Background: The property that is the subject of the applicant's three requests is commonly addressed as 353 (a.k.a. 289)Scudder Avenue, Hyannis, MA. The property is developed with a 1,698 sq.ft. multi-unit dwelling consisting of three apartment units. The applicant has requested three forms of relief as related to this locus: Appeal No. 96-153: Appeal of a Decision of an Administrative Official that the Board overrule the October 11, 1996 letter of the Building Commissioner which states that the applicant's use of the dwelling for three apartments is illegal, or, _Appeal No. 96-154: Use Variance to Section 3-1.1(1)(A)the Board grant Variance relief to legalize the use , or Appeal.No. 96-155: Special Permit-Section 3-1.1(3)(A)-Conditional Use Lodging the Board grant a Conditional Use to permit lodging within the structure. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on October 17, 1996. 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 December 04, 1996, and continued to January 08, 1997, at which time the Board determined the appeal to be withdrawn without prejudice. Board Members hearing these appeals were Ron Jansson, Gene Burman, Richard Boy, Thomas DeRiemer, and Chairman Gail Nightingale. ,Attorney Peter Freeman represented the Applicants. Mr. Williamson was present. The Board,and Attorney agreed to have the three appeals heard together(1996- 153, 154 and 155). At the start of the hearings, Attorney Freeman told-the Board he has new information and would be asking to Withdraw Without Prejudice all three appeals. A letter was submitted from a local, person stating she is familiar with the property and the long standing history of the property as being a duplex. The Applicant would The willing to forego the basement apartment and make the dwelling a duplex. He would also clean up the outside*. The Building Commissioner stated that the Assessor's records for 1971, list this house as a duplex. Based on that information, the Building Commissioner cited the third unit as being illegal He received a statement from Elizabeth Nilsson which states that she and two friends, who grow up in this area when this house and the adjacent house were.constructed, remember that they were constructed as two family Town of Barnstable Planning Department Staff Report-Update Williamson Appeal No. 96-153: Appeal Decision by Administrative Official Appeal No. 96-154: Variance-Allow Three One Bedroom Apartments in RB Zoning District Appeal No. 96-155: Special Permit-Allow Rental to No More than.Six Lodgers Date: December 23, 1996 To: Zoning d o ppeals From: Approved By: Robert ernig, Director Drafted By: Laura Harbottle, Associate Planner Applicant: John P. and Eunice R.Williamson Property Address: 353 Scudder Ave., Hyannisport Assessor's Map/Parcel Map 288, Parcel 115 Area .18 acres Zoning: RB Residential B Zoning District Groundwater Overlay: WP Wellhead Protection District Filed October 17, 1996 Public Hearing,December 4, 1996 Decision Due January 24, 1997 Background: This property contains a wood frame three family dwelling on .18 acres of land. Assessor's records show it as having been constructed in 1951 and it is located in the RB Residential B Zoning District. Apparently there are two apartments on the main floor and one in the basement. The owner is seeking to legitimize the use as three-family. In the RB Zoning District, except for rental to lodgers and family apartments, only single family use is allowed. Staff Review/Recommendation: The applicant may be able to show that this use was legitimate when it was first established. He should be prepared to submit records showing when the building first became two-or three-units, how many units,were constructed, what the zoning was at the time and what uses were allowed. The applicant's plans have been reviewed by Site Plan Review. That review showed several town departments had concerns with this property, including the Health Department which noted a cesspool with a.history of overflowing. Engineering also noted the need for cars to back into the roadway which is a violation of the ordinance. The owner has submitted affidavits from the original developer, Wilfred Calmas, attesting that the house was constructed in 1954 or 1955. Dr. Calmas attests that he obtained a building permit and constructed a single residential dwelling at this location. This language suggests a single family residence, but is not completely clear. A letter to Ralph Crossen, Building Commissioner, from Mrs. Elizabeth Nilsson identifies the property as having beer}a duplex in the early 1950's. The Board may wish the applicant to produce more information to clarify whether the property was two-family when constructed, or when it became two-family. In 1962, Wilfred Calmas applied for a variance to construct three outside' doors for entrance and exit in each of five lots he owned at that time, including this one, but this request was denied. The request for this appeal notes the zoning as RB Residential B Zoning District{ ]but other records do not support this designation. (Appeal No. 1962-5, decision attached.) IYappears this area was in the RA Zoning District in the early 1950's, becam RA-1 i 1956, and in 1972 was rezoned to RB Residential B Zoning District. In the RA Zoning District, only detached one-family dwellings were allowed, or a two family dwelling if authorized by the Zoning Board of Appeals. When RA-1 was adopted, it also allowed one-family with two family if authorized by the Board of Appeals. In RB Residential B Zoning District only detached one-family dwellings were permitted. Planning Department records of Board of Appeals actions begin in 1952, but do not show any record of permission for two-or three-family use ever granted for this property. This property is in the WP Wellhead Protection District. The Comprehensive Plan has a policy of five ppm nitrate loading in.this district to protect public drinking water wells from groundwater contamination. The Cape Cod Commission was able to approximate the nitrogen loading for a .18 acre (7,840 sq. ft.) lot for three bedroom at 17.03 ppm for two Appeals No. 1996- 153, 1996-154& 1996- 155 Williamson occupants per bedroom and 11.64 ppm for one occupant per bedroom. These are very high levels of nitrate loading given the 5 ppm standard. The site appears to be subject to,the"330 Regulation," and it is unclear whether the applicant could obtain Board of Health approval for the amount of wastewater discharge in this area. Finally, the proposed "parking arrangement would necessitate using the side of Scudder Ave. for parking. There is high speed traffic on this roadway and it is not a good location for parallel parking. The applicant is requesting an appeal of the Building Commissioner's letter to cease and desist operating the structure as other than a single family residence. The use of the structure does not appear to comply with zoning or past relief, and this decision appears to have been correct. If the Board finds to grant the variance requested they may wish to consider the following conditions: 1. All requirements of the Health Department, Building Department and Hyannis Fire Department must be met. 2. A Title V septic system, with nitrogen removal, must be installed on the site within six months. 3. There shall be no more than two apartments on the site each containing no more than one bedroom. 4. There shall be no further expansion of the structure without permission from the Zoning Board of Appeals. 5. The parking area and drive shall be maintained with access from Redwood Ave. 6. Total occupancy of the two apartments shall not exceed two(2) persons. 7. Impervious surface shall not exceed 50%of the lot, with 30%to remain in its natural state. If the.Board finds to grant the Special Permit for six lodgers they may wish to consider the following conditions: 1. All requirements of the Health Department, Building Department and Hyannis Fire Department must be met. 2. A Title V septic system, with nitrogen removal, must be installed on the site within six months. 3. There shall be no more than one kitchen on the site and no more than six bedrooms. 4. There shall be no further expansion of the structure without permission from the Zoning Board of Appeals. 5. Total occupancy of the two apartments shall not exceed six(6) persons. 6. Impervious surface shall not exceed 50% of the lot, with 30% to remain in its natural state. Attachments: Applications Assessor Map Plan Reduction copies: Applicant/Petitioner Building Commissioner R' Aft a5 3 5 3 der Ave ' Hya : q � Aw 1 �MPx .. r /30/04 353 Scudder Ave , Hyannis 4 � AM l 0.� � j _x�_�..� .\' ..i� i'+' �'ram �'� .w• -' . •�.�Y• ,: �� � s'' `� i � �. .?.;�.iilf•' `T' ,�,• - i •.ram , !7.;�- :�•• a • •�„�r• j'' ,, - ��. Wkt -q w&JW-! Or -' .i,. �••�Y�~-r `l'' 4 � - �' ��• .}. -tom , K.��� :f�:��. ` �� i; t !.._t—.- � - •• - �-- — .� ,. :- {.J ..as t�a •� �.*i r r /g V/r /1 i i _. 42004 , 1 • ,� yea � - ,. �C _ x •9 • r i it i • _ - r � r . SEP IT 2004 ice` - _ • - •A 11 1 l 1 . �AL Ilk U'1 Uv In C Q O C t yea s' + � v r 1 f � ill d� 4i N...... a....a,. , I. A„ 6•,,r4[i c.Q i r • n� . r _ y d. i y_ p R .. 6� r5 4 - `"' 00 4 r r r i i 4?1z TA r .. i r t �•. .-:t�ro.Y. . �,':.� .F'i.:. 73a�_...-.lt ":ACd?•. �:Y�.Sn:��s.:�m�G1..3sYiYazsfa+'n:';C:c.et!:kr+6Q•aGM:h.._<`rT. _� �.• 7 Too, � Ie°n of r` Building P. 367 Main St. Hyannis,MA 02601 /7 i d T►,e rott, Town of Barnstable *Permit# 'Y Regulatory Services F Fa�ieeres 6 mordhs from issue date • ,�' �„ BAaNsresre r� MASS. � �, Richard V..Scali,Dire;Y& , � (� 039. 0 Building Division T Paul Roma,Building Commissi 200 Main street,Hy MA 02 2 2017 www.town.bam ,� • Office: 508-862-4038 8ARAIST BLUax: 508-796-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY ' I 1 Not Valid without Red X-Press Imprint ,Map/parcel Number � Ave Pro Address / Residential Value of Work$ Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address / 1 G✓ L O O? � r 000l Contractor's Name Telephone Number Home Improvement Contractor License#(if applicable) Email: Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one: ❑ I a sole proprietor Y m the Homeowner ❑ I have Worker's Compensation Insurance- Insurance Company Name Workman's Comp.Policy# I Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) ❑ Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof). [rRe- ide eplacement Widows/doors/sliders.U-Value (maximum.32)#of windows #of doors: *where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improve ctors License&Construction Supervisors License is re SIGNATURE: Q:\wP=S\FORMS\building permit forms\EYPRESS.doe 01/25/17 Co=wnvealktOJTW srtr�t sett e of adom 600 FYaddugt=,S`treet Barr,MA D2111 I-M- .rrralLgoplara Warlm& ls"ULUipenizadim Inmirauce Afffikvit �l(3aUtr-JCb3r&MeCtririanelRlmmhers APPEcant I>¢Qrm aft Please Pr v .N e A/ G-. 7-3 7 Are you an ernrD?e -Cheekthe appropriate bom Type of project(rcgoaed}_ L❑ I am a employes with. 4. 0 I am a general s onimatar and I me 6. El New oomsfr�iaax emplogew(Tullatiforpadfi * havehiredthemac 2.❑ I am a sale piop6etar orpartaw- Stied cur the attached sheet` 7- ❑Ret odeHng ship and have no emplayees These=b-ccmftdars have g ❑Demolition Wairing forme in any capacity. JNo ems'comp.issm= a coop-o aade-L I xgodc�is 9..❑B.ugc&ng aclztitifla = I 5.0 We are a cmporat=and its 1 -El Elecidc d mpaim or adcr a 3. am a lwmeoumer doing all Wcuk officers have exe*r1 sed duek ' ILEI Ph=bingrepaiss or zd&ious o waxes' of eseutption per M4GL mace i - -M PM andwe have mo 17❑ f Roo emplo9em END WOADE& 13-0 O 4 K comp-kmwxnce r81u¢e&] 'Aap spgffeS�st che�tsbasl meA also SIloathe seetoabeTaar �free¢wodceu`c®pmsstiarpayepia��msu� # vinea�dro sab=itdfiisrdidar$ OeYSMdcria_-ZU a tbea}�aatsid�ce�acf>� anTo-mitaneacaffid tmdicrboa rnrh rC6Ubx®s8L%tchw+W box 9ft acs109111a1sitsboxhagt a—,ofthesab-cemtscia ad5tltawhe marmatih see es1. employees.Tftbe- -c ue empIo rs,Hiey=sstpmvide rhea wadma'•map.Pane m>mbez I am arc srripir sr fJr�isprauiriirrg workers'eorr�rerrsai�iarr irrsuraacs fvr my empk�vz& SeIvty is ilrsprrlicf rues joy sits irz�ormalian. insma„ce:cam?afrgiITame: Poficg or im 11r-; Ex ; Dal Job Site Address: Ci3fl5ta : Aftach z--opf of the wurlwxe cazapematioapoTcy declaration page(showing the pow n=mber and e3Th atPo L da4 Failure to secom coverage as required under Sechm 25A of M-GL m M can lead to ifie imposidoa of rrimival pea we-V of a fine up to L500 OQ sndtor oxii yearitnprism m %d as Wr R ascia$penalfiies in ibe farm of a STOP WORK ORDERand a fime of up-to a day aggaitud the violator. Be wh ised'63at a caff of tius.statemen t maybe forwarded to ilne Office of lavedigadoas ofthe D-TA for fimmmuce coverage mom.. I da keret y cariifp curds`dw pr - and effizs sfpedWy thatifis inforwraganprinidedabmv is troy and correct phnne rr_ J 6 y 7 �7 t3BEsiat use wily. 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I •• n. a n t. 1 ■■ 7 - ul Inuc - ■�m ■. a .ua •� ■ • .n/.• 1 ■u • i71�• •u � .■ f�a�1 a• n - •••1 r I •+t■s:+■ a•r_aa SS: ►.+•� u ■.atm 1 a• :■�■ a _n .•Yn r. • r•n a■� ..r- •rum • n •nu �=• �■ r ■ ■.:R It • �■m r/ I .MISS �r iI G■•. •1 - ••• ra■ - � e atm 1 ■_ a �■ - • . y■•_u m •'•a • I.f n SS.n. ••t to :■•.n.. n •u r•.•r .n m :n• ■•■ ■ •■• .•+ .n •■:+■u■ �•' •�a'I ■■1 i!t = ■at ^K t' �■/•It _a■/ Y.► ■tilt/a r. ■- • ■Yitf�_■ ••'v: tt • � �.Yj■r1Y t linit. i�� ��.w1111■• H]I 1 i sa • :i_t ►J Town of Barnstable " •- Regulatory Services Richard V.Scali,Director Building Division A&* OMABM t Paul Roma,Building Commissioner i� ��i� 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 - Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION —/ Please Print DATE _a S L J JOB LOCATION: -S.53 SL Ua lam/ �� 111Ce e7✓J/S number street village �^ F -HOMEOWNER^: Sro/' 73 7 S,G 1* - name ? home phone# work phone# CURRENT MAILING ADDRESS: v �� city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINMON OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two- family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building yermit (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requiremen he/she will comply with said procedures and requirements. of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall-act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. Q:\wPFILES\FORMS\building permit fbrns\EXPRESS.doc 06/20/16 r Town of Barnstable Regulatory Services r Richard V.Scali,Director - �� Building Division. Paul Roma,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 50&790-6230 Property Owner Must Complete and Sign This Section If Using A Builder L ,as Owner of the subject property hereby authorize to act on my behalf in all matters relative to work authorized by this building permit application for. (Address of Job) **Pool fences and alarms are the responsibility of the applicant Pools are not to be filled or utilized before fence is installed and all final inspections are performed and accepted. ignature-of Owner Signature of Applicant Print Name Print Name Date Q:FORMS:OWNMPE W- SSIONPOOLS r Message Page 1 of 1 Coyle, Brenda From: Fair, Marylou Sent: Wednesday, January 25, 2012 10:00 AM To: Dabkowski, Cindy Cc: Coyle, Brenda Subject: MUNIS SIGN OFF Hi Cindy, Hope all is well . . . 353 Scudder Ave, Taywick stopped by to submit for his occupancy permit and needs and Amnesty sign off MUNIS Permit#201200430 He still needs a few more things before submitting, but could you let me know when the sign off has been completed? Thanks! Marylou 1/25/2012 r n kr Amnesty Program y'� � y : Helping to make affordable housing possible. 'own ® amstabl e q Certificate of Compliance . + This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code and Town of Barnstable zoningordinances i accordance .n a orda ce with the Amnesty progiam: ' Owner Samuel C Traywick Location` 353 Scudder Avenue i v. Unit Capacity One:. J r om t to exceed two eo le Inspector` ' r s fat , r F r Y r. 9q f M/P No 288 115 t + `:< 8/30/2012 Town of Barnstable Building Department.- 200 Main Street BARNSTABLE, * Hyannis; MA 02601 �63� A.�' (508) 862-4038 D MA't Certificate of Occupancy Application Number: 20.1200430 CO Number: 20120116 Parcel ID: 288115 CO Issue Date: 08129112 Location: 353 SCUDDER AVENUE Zoning Classification: RESIDENCE B DISTRICT Proposed Use: THREE FAMILY Village HYANNIS Gen Contractor: PROPERTY OWNER Permit Type: RCOO CERTIFICATE OF OCCUPANCY RES Comments: AMNESTY PROGRAM ONE BEDROOM ACCESSORY APARTMENT IN LOWER LEVEL Building Department Signature Date S gned TNE TOWN OF BARNSTABLE Bull-ding � Tp� 201200430 PermitEk RNSTABLE, Issue Date: 07/19/12 9 MA9S 1639. Applicant: TRAYWICK, SAMUEL.0 rF0 MAC A Permit Number: B 20121659 Proposed Use: THREE FAMILY Expiration Date: 01/16/13 Location 353 SCUDDER AVENUE Zoning District RB Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel 288115 Permit Fee$ 35.00 Contractor PROPERTY OWNER Village HYANNIS App Fee$ License Num Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND � ONE BEDROOM ACCESSORY APARTMENT IN LOWER LEVEL THIS CARD MUST BE KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: TRAYWICK,SAMUEL C BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: PO BOX 216 INSPECTION HAS BEEN MADE. W HYANNISPORT,MA 02672 Application Entered by: PF Building Permit Issued By: I THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY.STREET,-ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY,NO SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,.MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTHAND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT.OF PUBLIC WORKS. THE ISSUANCE.OF THIS PERMIT'DOES NOT.RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION . RESTRICTIONS. .. .. . MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). Og BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 06 Health Division Date Is-s*ued Conservation Division A001i6aiion Fee 3S Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board HistohC - OKH Preservation /Hyannis Village Averm4l Owner 1 —Address | ' | � Square feet: 1Gt floor: existing 2Odfk}0r —proposed Total n8vv _______ Zoning District Flood Plain GroundwaterOverlay �_� | Project Valuation -Construction Type Lot Size 8nSOdfath8med: 211708 [lNO |f yes, attach supporting documentation. Dwelling Type: Single Family [l Two Family [l Multi-Family (# units) Age of Existing Structure Historic House: LlYeG Ll No On {}|d kjng'G Highway: []\4eG Ll No Basement Type: LlFUU L11Craw| [3\N8|kOUt LJOth8r Basement Finished Area(Gq.ft.) Basement Unfinished Area /Gq.fA Number OfBaths: Full: existing O9vv Half: existing nevv___________ Number 0fBedrooms: existing —new Total Room Count (not including b81hn\: existing new First Floor Room Count ��� Heat Type and Fuel: m� oux 0 (]i| 0E|eCtriC 0Oth8r_________ Central Air: DYpG Fireplaces: Existing New Existing VV0Od/CO8| GtOV8: UYeG 0M] O9t8Ch9d garage: Ll existing [] Oevv size—Pool: LJ existing U O8vv Gio8 B8rn: 0 8xiGting Li new Giz6___ .' Attached garage: Ll8xiGtiOg UD8vx size __Shed: Ll8xGtiDg LJ new 8iZ8 Other: Zoning Board Of Appeals Authorization LJ App88| # Recorded L11 CODnm8n:i8| L3YeG Ll No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OBKHOMEOWNER) � ~Add�8 UC8OG8 HOnn8 Improvement Contractor# 14vr,rA111 4A Worker's Compensation # ALL COMiTRUCT|[]N DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TOSIGNATURE-7-- D E | | -- FOR OFFICIAL USE ONLY APPLICATION# _ DATE ISSUED MAP/PARCEL NO. ADDRESS s VILLAGE- ' OWNER I y. DATE OF INSPECTION: FOUNDATION ' 1 FRAME INSULATION d FIREPLACE ELECTRICAL: ROUGH -,INAL PLUMBING: ROUGH FINAL- 9 , f i ;r GAS: I ROUGH FINAL FINAL-BUILDING E DATE CLOSED OUT 1 ASSOCIATION PLAN NO. i. w _• The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www.massgov/dia Workers' Compensation Insnrance Affidavit: Builders/Contractors/EIectridans/Plumberg Applicant Information Please Print Legibly Name(Business/Organizationflndividual): tt4M City/State/Zip: 41 r Phone.#: 93 7 —56 3 Are you an employer? check the appropriate bor: F7. e of project(required): 1.❑ I am a employer with 4_ (J F am a general contractor and I ❑New construction employees(full and/or part time).* have hired doe stab-r-ontractors.' am a•sole proprietor or parb=- listed on the attached sheet. ❑Remodeling ship andhave no employees These sub-contractors have Demolition • t employees and have workers' working far me m any capacity. $ 9. ❑Building addition ` o workers' CO�.•insrrrancr_ comp.insurance. 10. Electrical repairs or additions Irt-qurZ-] S. ❑ We are a corporation and its ❑ p 3\Lf I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself:[No workers' comp. right of exemption per MGL 12.0 Roof repairs insurance TUFilr l t c. 152, §1(4), and we have no 13 ®-ether cm ployces. [No workers' comp,insurance required-] - *Aiy applicant that checla bmc#1 must also fin out the section below sliowing their worriers'compeas4on policy information. t Homeowners who submit this affidavit indicating tbry are doing all work and than hire outside eontnretws must subrmt a mew affidavit indicating such tContao4ars that chcckthis box mist attached an additional sheet showing the name of the sub-contractora and state whether or not those entities have ernplaycm If the sub-cmtractDra have employees,they rust pravi&their wmi=r'comp.policy nvmber. I am an employer that is providing workers'compensation insurance for my employees Below is the policy and job site informadon. Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Sitr Address: City/Sta.Wzip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to srcrn a coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalfies of a fine tip to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised f3iat a copy of this statcmerit may be forwarded to the Office of iuvesti lions of the WA for insurance covers e ymification. Ida hereby certify re pains•nutd enahYa of perjury that the information provided abovesls true and correct ' Da Si Phanc O use only. Do not write in this area,to be completed by city or town offcLaL _ ff►� y City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Phone Contact Person: #: Town of Barnstable .C)F TNe ray � o Regulatory Services Thomas F.Geller,Director • HARNSTABL$ r M`` Building Division i63q• �m Tom Perry,Building Commissionzr . 200 Main Street, Hyannis, MA.02601 i-mY.to K,n.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HO)%11OWNER LICENSE EXEMPTION (� Please Print DATE: �� -/ — i JOB LOCATION: cc/ dleC number sb-cet village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: DC3 JC c.2/ city/t state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,Trovided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on'which he/she resides or intends to reside, on which there is,or is intended to- be, a one or two-family dwelling,attached or detached structures accessory to such use and/or"farm structures. A person who constructs more than one home in a twa-year period shall not be considered a homeowner, Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building Hermit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department { minimum mspec>procedures a d requirements and that he/she will comply with said procedures and require Si of omeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code stairs that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 1o9.1,1-Licensing of constiuction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work, that such Homeowner Shan act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilitics of a supervisor(ice Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons• in this case,our Board cannot proceed against the unlicensed person as it would Aith a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her rrsponsibilitics, many communities require,as part of the permit application, that the homeowner certify that hc/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by v,,,,—Tarr.t amend and adopt such a form/certification for use in your community. f Town of Barnstable Regulatory Services " sAxxsresLF- Thomas F. Geiler,Director �$pf 619. a Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property owner Must Complete and Sign This Section If Using A Builder l , as Owner of the subject property hereby authorize to act on my behalf, in.all.matters relative to work authorized by this building permit application for: (Address off ob) Signature of Owner Date Print Name f If Property Owner is applying for permit please complete the Homeowners License Exemption Form on th:e reverse side. Bk 25501 p:9161 K.30177 r=6-10--2o 1 1 03 = 02d. -f( _ > ASS. r '11 MAY 12 . A 9 A2 Y63q. �0 A�0 M1ti� Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice .Comprehensive Permit:No. 2010.048—Traywick . Chapter 4,0B Comprehensive. Permit Summary: Granted with Conditions Date: April 13, 2011 Applicants: Samuel C.Traywick Property Address: 353 Scudder Avenue..Hyannis, MA Assessor's Map/Parcel: Map 288,,Parcel 115 Zoning: RB Zoning District Recording Information: Deed Reference: Book 1`6688 Page 124 Date.Application Filed March 18, 2011 Date Hearing Opened April 13, 2011. Date of Decision (Closed): April 13, 2011 Property Ownership The applicant is Samuel C..Traywick; who is the owner of the multi:unit dwelling, located at 353 Scudder Avenue Hyannis. Mr.Traywick-is the owner of the property as evidenced by a deed recorded in the Barnstable County Registry of Deeds on April 3, 200.3 in Book 16688, Page 124. A copy of which has been submitted for the record.. Relief Requested: Mr. Traywick has applied'for a Comprehensive Permit pursuant to Chapter 40B of the.General Laws of the Commonwealth of Massachusetts,, and in accordance with § 9-14 of the Code of the Town of Barnstable; more commonly termed the "Accessory Affordable Apartment Program". The permit is sought to allow an affordable apartment accessory to a legal two family home as provided for in the Code of the Town of Barnstable and restricted to being affordable housing for qualified.persons as required under Chapter 40B, The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 240-11 (A) Principal permitted uses in a RB Zoning District to permit an accessory apartment unit within the Power level of the multifamily dwelling. The issuance of this Comprehensive Permit would allow for a separate, approximately 700 square foot, one bedroom accessory affordable apartment. Town of Barnstable,Zoning Board of Appeals Decision and Notice;Comprehensive Permit No:,20107048—Traywick Locus: The subject property is a 0.18 -acre lot located at 353 Scudder Avenue Hyannis, MA. The lot was developed in 1951 with a two-family, ranch style:home. The living area of the main residence is approximately 1,248 square feet. Site Conditions The lots is.served by Public Water, Gas and an on site septic system. The Town of Barnstable's Health department reviewed the application, and approved a:total of three (3) bedrooms for the entire property. Procedural & Hearing Summary: A site approval letter was issued for the property by Town Manager John C. Klirnm on March 11, 2011 in accordance with MGL Chapter 40B and 760 CMR 56.00. Notice of the:site approval letter was sent.to the Pepartment of Housing and Community Development in accordance.with the requirements of CMR 760 56.00. An application for a Comprehensive Permit was filed at the Town Clerk's:Office oRMarch 78, 2011. A'publ'ic hearing before.the Zoning Board of Appeals Hearing Officer was duly advertised in.the Barnstable.Patriot on March 18, 2611 and March 25, 2011, and notices were sent to all.abutters in accordance with MGL Chapter 40'B; The Public Hearing;was opened on April 13, 2011 at 6:00 p.m: by the Hearing Officer Laura F. Shufelt. The applicant, Samuel C.Traywick was;present at the hearing. Cindy L..,Dabkowskii, Accessory Affordable Apartment Program Coordinator of the Growth Management Department-was also present: Laura F. Shufelt read the proposed conditions to the applicant. Mr; Traywick consented to the conditions. Mr.Traywick gave testimony as recorded in the hearing minutes filed with the Town Clerk The Hearing Officer opened the hearing to public comment. Mr: Bearisto gave testimony as recorded in the hearing minutes filed with the Town Clerk. The April 13, 2011 hearing was closed by the hearing officer at 6:30 p.m... On April 13, 2011 the hearing officer granted comprehensive permit No. 2010-048 with conditions, A written copy of this decision shall'be forwarded to the Zoning Board of Appeals as required by the Town of.-Barnstable Administrative Code Chapter 241, section 11. If after fourteen (14) days from that transmittal the Members of the Zoning Board of Appeals takes no action:to.. reverse the.decision, this decision shall become final and.a copy shall be the filed.in the office of the Town Clerk. Findings of Fact: At the hearing on,April.13,2011 the Hearing Officer made the following findings of facts 1. The applicant is.Samuel'C..Traywick who owns the multi family property located.at 353 Scudder Avenue Hyannis. Mr. Traywick is requesting a Comprehensive Permit to allow for ;a one bedroom accessory apartment within the lower level of the dwelling as an accessory affordable'apartment..The:allowance for the unit"as an accessory affordable unit qualifies for the"'Accessory Affordable Apartment Program (AAAP)," 2. Sarnuel C. Traywick was granted title to the..property by deed recorded in the.Barnstable. County Registry of Deeds.on April 3,'2003 in Book 16688,, Page 124. 2 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2010-048—Traywick 3. On March 11, 2.011, a site approval letter was issued for the property by Town Manager John Kfimm, in accordance with M.GL Chapter 40B and 760 CMR 56,04 (4), Notice of the Site approval letter was sent to the Department of Housing,and Community Development, in accordance with the requirements of 760 CMR 5604 (2) and no, issues were communicated from the Department on this particular application. 4. The proposed-accessory affordable unit is approximately 700 square feet in. living area and is located withir.the lower level of the ranch style home. 5. The applicant was informed that th&AAAP unit shall meet all applicable health.and building codes to be occupied and that the Building Division and Fire.Department will also be:inspecting the.unit for compliance with all applicable building and fire codes. 6. The house is served by public water and private on-site septic. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved a total of three (3) bedrooms atthe property. 7. On February 17, 2011 the applicant Samuel C. Traywick signed an Accessory Affordable Apartment Program affidavit that commits, upon the receipt.of,a Comprehensive Permit, to the recording of a Regulatory Agreement-and Declaration of Restrictive Covenants, in a , form satisfactory to the Town Attorney,at the Barnstable County Registry of Deeds. These documents restrict-the unit in perpetuity as an affordable rental unit. 8. The applicant was made aware that the affordable unit shall be rented to a person or family whose income is $0% orless.of the Area`Median income (AMI) of the Barnstable Metropolitan Statistical Area(MSA)and agrees that rent (including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the Town of Barnstable shall be deducted from-rent level so i calculated. 9. According to the Massachusetts Department'of Housing and Community Development,-as of April 27, 2010, 6.7%.of the�town's year round housing stock qualifies as.affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. 10'. The Town of Barnstable's Comprehensive.Plan encourages the adaptive use of existing housing stock to create affordable units and the dispersal of these units throughout Barnstable. Summary: The Hearing Officer ruled that the applicant Samuel.C. Traywick has standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal was deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable-without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Conditions: Hearing Officer Laura Shufelt ruled:to grant Comprehensive Permit No: 2010-04.8 with conditions in accordance with MGL Chapter 40B.and Article 1I._of Chapter Nine of''the Code.of the town of Barnstable, more commorlytermed the"Accessory Affordable Apartment Program"to the applicant; Sam.uel C. Traywick who is the.property.owner of the property located at 353 Scudder 3 Town of Barnstable,Zoning Board of Appeals Decision and Notice;Comprehensive Permit No.2010-048;—Traywick Avenue Hyannis. As seen on map 288 as parcel'115. This Comprehensive Permit al lowsl for a one. bedroom apartment unit in accordance with the following conditions: 1. [Occupancy of the affordable unit shalhnot exceed two (2) people. . U27 The total_nummbe of-bedroomss-on the,property,shall_not exceed three-(3). 3. The accessory unit shall NOT at anytime be occupied by a family member of the;owner. 4. AII'leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to.veri.fy eligibility with the AAAP 5. The room markedstorage on the floor plans submitted by ownershall have'installed a five foot opening to preclude privacy and use as a bedroom. 6. On December 17; 2010, the applicant,'was advised in writing with'an inspection report, submittedfor record, that the unit must meet all applicable health and building codes to be occupied and that the Building Division and.Fire Department wi l also be inspecting the unit for compliance with all applicable building and fire codes. 7. The house is served by public water and on site septic. The application was reviewed by Thomas McKean, Health Director. He has approved the site for no more than three (3) bedrooms for the entire property a. All parking for the accessory.apartment and the principal dwelling shall at all times be on site, On street parking for all structures and uses on this property is expressly prohibited 9. Lodging is prohibited for the duration of this Comprehensive Permit. 10. To meet affordability requirements, the rent charged (including utilities) shall not exceed 301/6 of 80% of the median income fora household for the Barnstable MSA.(adjusted for family size): In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated: 11. AAAP Coordinator shall be the monitoring agent for the accessory'apartment. Annual monitoring shall include verification-of tenancy,affordability, and compliance with Housing.Quality Standards.(HQS). The cost for HQS.monitori,ng shall be coveredby the homeowner. The fee for the initial monitoring of affordability and annual certification inspection of the accessory unit shall be the same as the Health Department fee for the rental registration program_ 12. The applicant shall apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before issuing an occupancy permit and certificate of compliance, the Buildng Commissioner shal.1 determine that the unit conforms to the approved plans as submitted with.the building permit application and meets.state building and fire codes. The Health Division shall determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 13. The applicant mayseleahis own tenant from the prospective tenants supplied by the Administrator_of the Ready to Rent List. The tenant must meet the requirements of the Accessory Affordable Apartment Program. The tenant's income shal l be reviewed and approved by the.Growth Management Department. The applicant shall work with the AAAP Coordina."tor to provide necessary`information and documentation of tenant income eligibi`l:ity. 14. The unit:shall be rented on an open and fair basis to an income eligible individual. Whenever a vacancy occurs;.notice shall be given to the Growth Management Department 4 Town of Barinstable,Zoni rig,Board of Appeals Decision and.Notice,_Corn prehensive Permit No.20M048`-Traywiek and the appticantshalI request potential tenants from the administrator of the Ready to Rent List. The"applicant shall pay all fees associated with accessing the Ready to Rent List. In .the event that the Ready to Rent List is riot in effect as of the datethat the Building Department iSSUes'its occupancy permit, the applicant may select the tenant after;open and fair marketing, providing that documentation of the same is given to the AAAP Coordinator and the AAAP'Coordinator Approves the tenant selection process. 15. Should the accessory affordable apartment beconie vacant th`e-property-owner shall immediately notify the Accessory Affordable.Apartment,Program Coordinator. The property owner shall notify the AAAP Coordinator of their request for potential tenants from the Ready to,Rent List administrator. 16. Every twelve months the applicant shall review the.income eligibility of the AAAP unit tenant: No'later than-a year from the date of issuance of this Comprehensive Permit, the applicant shall file with the AAAP Coordinator,as Monitoring Agent, an annual affidavit stating the rent charged and income of the unit tenant., The property owner and/or tenant shall provide the AAAP Coordinator any'additional information deemed necessary to verify the information provided in the affidavit. 17. Upon any report from the Monitoring Agent that the terms.and conditions of this permit are not being upheld, the Zoning Board of Appeals or its Hearing Officer may hold a hearing to show cause as to why this permit should..not<,be revoked.., 18. This Comprehensive;Permit shall not be-transferable-to anyother.person.or entity without. the prior approval of the H'earingOfficer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shal I be recorded at the Barnstable County Registry of Deeds' 19. Should ownership of the subject;property transfer the permit,.holder identified herein,shall notify the AAAP Coordinator and provide, within 60 days of the date of transfer, the name and current contact information for the new owner of the subject property. 20. The�property shall be landscaped and cleared of debris with`inthirty (30) days of this permit 21. This Comprehensive Permit shall be exercised, all conditions met, and the unit occupied within.twelve (1.2) months of'its issuance or it shall,expire. Ordered: Comprehensive Permit number 2010-048 has been granted with conditions. A written copy of this decision was forwarded to.the Zoning Board of Appeals on April 15, 2011 as required by the Code.Chapter 241, section 11 of the Town of Barnstable Administrative code. If after fourteen (14) days from that.fransmittal the members of the Zoning Board'of Appeals takes no action to reverse the decision;.this decision shall'becom'e final and a copy shall be filed in the office of the Town Clerk: Appeals ofthe final decision]if any. shall be made to the Barnstable Superior-Court pursuant to MGL,Ch:apter 40A,Section 17, within twenty(20) days.afterthe 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 i`n MCL Chapter 40B., Section,22. 5 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No,201,0-048,'-Traywi& Grp, Laura F. Shufelt, Hearing Officer Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County; Massachusetts, hereby certify that twenty(20) days'have elapsed since the Zoning Board of Appeals filed this.decision and that no appeal of the decision has.been filed-in-the-office of the"Town Clerk. Signed and sealed this day of %yLe a under the pains and penaltiesof perjury. ?mot}° Lin-a" utche rider, o teerk / C. r ". .. 6 Bk 25501 PS167 06-10--201.1 03 02vo REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICT yE COVENANTS,,is made this —I T l day of TU n-� ,.2oi 1,by and between Samuel C.Traywick owner of 353"Scudder Avenue Hyannis,MA 02601 and its successors and assigns(hereinafter the"Owner"),and the TOWN OF BARNSTABLE (the'"Municipaliey''),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Compreheatsive Permit under Massachusetts General Law Chapter 40B and local regulations bythe Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Urns"),and NOW.THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is herebyaclnrowledged,the parties agree as follows-. I. PROJECT"SCOPE AND DESIGN: A The terms of this Agreement and Covenant regulate the property, located at 353 Scudder Avenue Hyannis,1VMA.02601 as further described in deedxr corded herewith Barnstable County Registry of Deeds Book 16688&Page 124. B. The Project'located at 353 Scudder A-venue,Hyannis MA.02601 wdl consist of one.accessory apartment unit which va be,rented to anAigible Iow or moderate:income individual or family(the"Designated Affordable Unit"or the"Unit") G Ile Owner agrees to construct the Project in accordance with the teams of:comprehensive.permit Appeal No.2010-048.'and any plans submitted therewith and all°applicable>state,federal and municipal laws,and remil ations. Said permit is recorded herewith as [Barnstable County Registry of Deeds. Rook -,SCa> &Page 1 (o ( D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal. residence in accordance with the terms of the comprehensive permit. II. THE'OWNER'S ODVENANTS ATNURESPONSIBILITIES: A. THE OWNER.YIEREBY REPRESENTS;COVENANTS.AND WARRANTS AS FOLLOW- 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable UnitshaIl be set aside in perpetuityfor the public purpose of providing safe and decent housing to persons earning at,or below 80%of the area median income of Barnstable Metropolitan Statistical Area 04SA)and that the Designated Affordable Unit shall be deerneed to be impressed-with a public. trust. 2. The Designated Affordable;Uriit shall be"rented in perpetuity to a.household.with a.maximurn income of 80%of the Area Median Income(AMI)'of Barnstable MSA and that rent.(including utilities)shall not exceed an amount that is affordable to a household whose`income is 80%.of the median income of Barnstable MSA. In the event that utilities:are;separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level:. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease: 4. The?Owner.has.the full legal right;power and authority-to execute and deliver this Agreement. 5.: The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not-violated anyprovision of:law,rule or regulation,or any order of any court or other agency or governmental body;and.will not violate:or,as applicable,has not- lated attyprovision of anyindenture,agreement,mortgage, mortgage note,-or other instrument to which the Owner is.a pang or bywhich it or the Owner is bound,will not result id the creation or imposition of anypro_hibited encumbrance of any nature. b The Owner,at the time of execution and:delivery of this Agreenent,has good,clear marketable title to the premises: 7. 'There is no action,suit or proceeding at.law or in.equity or by or before any governmental instrumentality or.other agency now pending,or,to the lmowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined;would mater ally-impair its right to carry on" business substantially as now conducted(and as now contemplated bythis Agreement),or would materially adversely affect its financial condition. B. OOMPISANC E The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants rung-aith<the land shall be deemed to he satisfied in full;and-that anyrequirements of privileges of estate are also deemed to be'satisfiedinfull. C, 1IMITATIONONPROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maxunum income of 805.or less of the Area Median Income(AMI)of Barnstable Metropolitan.Statistical Area(VISA)and that rent.(including undities)shall not exceed an amount that is affordable to a household whose income.is.80%o of the median-kcome of Barnstable MSA. In the event that utilities am separatelymetered,a utilityallowance:established bythe Barnstable Housing Authoriryshall be deducted from the rent. 2 The Ow=r shall annually deliver to,the Municipality and to the Monitoring.Agent,as designated by the Town Manager,proof that the Designated'Affordable Uat;is rented;the tenant's income verification,a.copy of the lease:agreement and the rent charged£or the unit or units. Such.information shall also be forwarded to the Monitoring Agent within.34 days of the occupation of the dwelling unit or;units bya new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within:-thirty(30)days of the date.that a tenant has vacated the Designated Affordable Unit. M. MLNIC IPAI.ITY C OVENME-M kND RESPONSIBIUTIES 1. The MLMaPAISTY,through the monitoring agent designated'by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuityto a household with a maximum income of 80%or less of the urea Median Income(AMI)of Barnstable MSA and that rent (inchtding utilities)shall,not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA.In the:event that utilities are separately metered,a.utility allowance established by the Barnstable Housing Authorityshall be deducted from the rent. IV. RECbRDIlVG OF AGREEMENTr Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry-of Deeds for Barnstable Countyor,if the Project consists in whole or in part of registered land,file this Agreement and any amendments:hereto with the.Registry" District of the Barnstable Land Court(collectivelyhereinafter the"Regisrryof, Deeds'),and the Owner.shall payall fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or Bing including the date and instrument,book.and page,or registration number of the Agreement. 2 V. GOVERNiNG OF AGREEMENT: This Agreement shall be governed bythe laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing>and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validityof the remaining portions hereof. VI. NOTICE All notices to be given,pum—mm to this Agreement shall'be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail;postage,prepaid,return receipt requested,to'the parties he, at the addresses set forth below;or to such other place as.a panymayfrom,tirne to time designate bywritten notice. VU. HOLD PIARNEESS: The Owner herby agrees.to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents;servants or emplo3tes`which result in claims made against Municipality and/or its delegate,:including but not limited to<awards,judgments,out-of pocket expenses and attorney's fees necessitated by such actions, IML ESL-- UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be. writing,executed bythe parties,and appended.to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are.,granted,bythe-Owner to run in perpetuityinfavor,of and be held bythe Municipality as any other permanent restriction held by a.governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land describedin deed recorded herewith as Barnstable County Registry of Deeds Book 16688. &Page 124 and shall be binding upon the Owner and all successors,ia title . This Agreement is made for the- benefit of the.Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in thus.Agreement shall be deemed to affect the title to the property described in deed recorded herewith as Barnstable County Registry of Deeds Book.16688&Page 124. IX TERM OF AGREE The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable-.Unit or Unks mayvoluntarily`cancel the granted Comprehensive Permit and the terms and restrictions imposed'herein. Such cancellation shall only take effect after: 1).expiration of the lease terms entered into between the Owner and Tenant occupyingsaid unit and 2)notification bythe Owner of said dwelling to the Zoning-Board of Appeals of his/her desire to cancel the Comprehen§ive permit upon a date certain and the recording of said notice atthe Barnstkle County Registry of Deeds or Barnstable CountyRegistry of the Land Court as the case maybe,thus rendering.said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the. roperrywhich is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the'restricEive'covenant shall be rendered void. X_ SUCCESSORS AND ASSIGNS: 3 A. The Parties to this Agreememintend;declare,;and covenant on behalf of themselves and.any successors and assigns th&rights and duties as defined in this RegulatoryAgreement and The attached comprehensive permit' B. The Owner it=&,declares,and covenants on behalf of itself;and its successors and assigns @ that this Agreement and the covenants,agreements.ana restrictions contained herein shall be and are covenants running with the land,encumbering the Project forthe termer of this Agreement,and are binding upon the Owner's successors in title,(a)are not merelypersonal.covenants of the,,Owner,and(iu);shall brad the Owner,its successors and.assigns and inure:to the benefit of`the Municipality and Its successors and assigns forthe germ of the Agreement. I. DEFALJLTr If any default,violation or breach by the Owner of this Agreement is-not.cured to the satisfaction of the Monitoring Agent within thirty(30).days after notice to the Owner thereof,then the Monitoring Agent may send: notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred bythe Monitoring Agent.in.enforcing this Agreement and the Owner hereby agrees that the Municipality andxhe Monitoring.Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth teen amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land :Court for Barnstable County. A purchaser of the Projector any:portion thereof will be liable for the payment of any unpaid costs and expenses.that wereithe subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XII: MORTGAGEE CMENTi The Owner represents and warrants�that it has obtained the~consent of all�exking mortgagees of:the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WATNESS:WHEREOF,we hereunto set our hands and seals thiis'Z day of _2011. OWNER f, BY: 1. Printed WAIL OOMMONMALTH`OF MASSACHIJSEIT5 County of Barnstable,ss: On this J4 da of ti t:before�me,t heutidersigned,notary'public,personallyappeared, the Owner(s),proved to me through satisfactory evidence of rden ication, ch were v to be the person(s)whose nam (s)is signed on the preceding.or auache ocumeiZt and acknowledged to be that he/she signed it voluntarily for,the stated.gurpos vizreZ es. otary c Printed: 2Cf My Commission Expires • 4 .. ' TOWN OF 9ARNSTABLE, BY TO M9NAGl~R COMMONWEALTH OF MASSAC IR SEM County of Barnstable,%ss: On this I ilayof 6� �2 2011 before me,the undersigued.notarypubhc,personallyappeared off, C. fC�"v►.Piths Town Manager for the Town of Barnstable,proved tome through satisfactory evidence of identification,which were', �, ,to be the person whose name is signed on the.preceding or attached document Y v ow ged to be that tie/she signed it voluntarily for the stated purposes. Notary-Public Printed ..— � tr c c P .T 't'Yr r}146 My,Commssion Expims: °Nbteity Public" .loy ce A.Persuitte Comrnai�reatih ot,Alassac€susstts IvryCornmfs m E40 on Fob.18,2016 oFt Town of Barnstable Regulatory Services * BARNSrABLE, MASS. g Thomas F. Geiler,Director 'OrF039. Building Division Thomas Perry, CBO,Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.nia.us Office: 508-862-4038 Fax: 508-790-6230 October 28, 2011 Samuel C. Traywick 353 Scudder Avenue Hyannis, MA 02601 Re: Amnesty Apartment Dear Mr. Traywick: The Comprehensive Permit for the Amnesty apartment at 353 Scudder Ave., Hyannis, ,was issued in June 2011. Condition 13 of the Ruling and Conditions states: "This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. " As you know, a building permit is required whether the unit is new or pre-existing, but we have not received a building permit application from you. Are you planning to go forward with the apartment? Please contact me at 508-862-4039 as soon as possible to bring us up-to-date on your Amnesty application. Sincerely, Brenda Coyle Division Assistant Enclosure: cc: Robin Anderson Enforcement Officer amnstatus oFtHE ra,, Town of Barnstable Regulatory Services w BARNSrABLE, ' MASS. Thomas F. Geiler, Director Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 AMNFCTV APARTNAPNIT PT.T(' ATT TTV VERIFICATION Re: 353 Scudder Avenue, Hyannis Date March 11, 2011 After reviewing the street file of the above named property, I verify to the best of my knowledge that the apartment was in existence before January 1, 2000. This property is now eligible to apply for the Amnesty Program G Tom Perry Building Commissioner q:forms/amnestyaptverifi cation Barrows, Debi From: Perry, Tom Sent: Monday, February 28, 2011 2:57 PM To: Barrows, Debi Subject: FW: 353 Scudder Avenue Hyannis, MA 02601 Did Lois have something for this? -----Original Message----- From: Dabkowski,Cindy Sent: Monday, February 28, 2011 2:51 PM To: Perry,Tom Subject: 353 Scudder Avenue Hyannis, MA 02601 Hello Mr. Perry The hearing Officer will require written verification that 353 Scudder Avenue (map 288 parcel 115) is a legal duplex prior to receiving site eligibility for the AAAP Program. Are you able to provide this statement - Please let me know if I can be of any assistance Thank you Cindy Dabkowski 1 m co F F r=1 Postage $ fj Ln Certified Fee T, CL 0 Return Receipt Fee + Po O (Endorsement Required) ? O Restricted Delivery Fee O (Endorsement Required) m rU Total Postage&Fees m CO Sent _ — o.; &PO Box No. a " �'.. UNITED STATES POSTAb-SERVICE K ,�, First-Class Mail`' Postage&Fees Paid LISPS Permit No.G-10 e „ ! Sender. Please pcint'your name, address, and ZIP+4 in this box y. TOWN.OF BARNSTABLE M: TBUILDING.DIVISION j -,200 MAIN MAQ2 �](SAIVIVIS, 601 1 SENDER: COMPLE=CTION COMPLETE THIS SECTION ON DELIV ERY Complete items 1,2,and 3.Also complete A 19 IS Item 4 If Restricted Delivery is desired. �'� ■ Print your name and address on the reverse ent so that we can return the card to you: 0 Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. item i? ❑Yes If YES,enter delivery below: ❑No - r .3 Express mail 0 Registered �etum Receipt fbr Merchandise O insured.Mall 13 C.O.D. 4. Restricted Delivery?(Exba Fee) ❑Yes 2. Article Number (rmsfer from serWce lat 7008 3230 0002 5178 3043 t PS Form 3811,February2004 Domestic Return Receipt u. 102595-M4A-1540 i UNITED STATES POSTAL SERVICE First la Mail Postage LSPS B;Fees Paid Permit No.Cr10 • Sender: Please print your name, address,;and 2I0+4.in this boxAD i ,u�•DIATt� �tt�i� 3 3 S 5 wdde , i 1 • 11 1 Itle • t0p of envelope to the TOWN OF`BARNSTABLE C BUILDING DIVISION , 3367 MAIN STREET HYANNIS,MA02601 0�) P 015 496 7184996 Cj John .and. Eun Will.' son G,c00� �;09, 87fl. .Gay S. et 1 qj A W.estw o o MA g.Q 1 N P o+ - lcgo 4�0 ssGc � 90'�0 2" � Lcy'S"9" '0".r-9 !'b tiG�aF 9F�GSo��A�9 AK" F9 Fp Ouuf i 1 UNITED STATES POSTAL SERVICE First-Class Mall , Postage 8�Fees Paid t7SPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • or I i ,: moo-, Dnl� ►� Al I also wish to receive the y • Complete it t and/or 2 for additional services o ® l �r.• Complete k 3,and 4a&b following services (for an extra, L�r 3 y4fsr a and address on the reverse of,this form so that we can fe8)': return t car o you: _ ® , e,, • A form to the front of the mailpiece,or on,the back if space 1 ❑ AddreSS@@ S.AddreSS N does n permit. w e 'S a+ t = • Write"ReturnReceipt Requested ion the mailpiece below the article number: 2 ❑,R'e,. cted Delivery ®I j • The Return Receipt will show to'whom the article was delivered and the date �. p l s Consult.postma'ster for fee. r 0'delvered: cc 3 Article Addiessed to -7?,* 4a Article Number* m P 015 496' 718 3 ti t m John & Eunice Williamson` - m „£ .870 Gay St r e 2 t Insu 46. Service Type El Reg ❑ red' C •:We'sxtwood , mA 02090 ` COD" c ll .y 9� 'r�. M Certified ❑ y.� y a ,5 ❑ Express Mail ❑ Return Receipt for i. Merchandise Date of Delivery • ll Z r r �8. Addressee's Address(Only If requested Y 5. Signature (Addressee) � e and f is paid j H 3 t CC .6 'Signature'(Agent) t ► ~ ,r - T PS-Form 3811, December 1,9.91 pus old:tesa-3s2aia DOMESTIC RETURN RECEIPT i� ail �.�:11 �i� � i �_�:� I. also wish .to receive the .+.. t�� • complete it p 1�andlor 2 foF additional services. a following services (for an extra m • Complete it 3,and 4a&b. g„ w v • P yDdr and address on the reverse of this form so that we can fBe)t- a retulp t i car o you. • A form to.the front of the mailpiece,.or on the back if space 1. ❑ Addressee's Address �� does no permit. O. , rtF, • Write"Return Receipt Requested'-on the meilpiece below the article number 2, � Restricted Delivery 0 ( +' • The Return Receipt will show to'whom the article was deliveredsnd the date Consult postmaster for fee. ®: cder�ered. V - �� ' r Article;�Pddre§sed to � ` `�' " �� '4a. Article Number,a, � c; o." P 015 `496 118 = f m John & Eunice' Wil`Iiamson ' a 4bt Service Type =E 870 Gay. Street ❑ Registered ❑ Insured f 6 W e,sit wo o d, :MA 0 2 0 9 0 ®Certified ❑COD ' Return Receipt for 3 War ❑ Express Mail ❑ p ` + e e Merchandise C a p � 7.r Date of Delivery '~ } tk 4 ' y Y• K .. Z d 8.` Addressee's Address(Onl g t 5. Signatu13 re (Addressee) i , y if requested ' t j - V and fee is paid) W U 6. Signature (Agent) ° DOMESTIC RETURN RECEIPT h # {# RS-Form 3811',.December 1„}991 `#ru sgavo:tee3-asz 7ta 1 1 NAME•OFOFFE ER , BAR 70862 I ! TOWN OF ADDRESS OF OFFENDER BARNSTABLE CITY,STATE.ZIP CODE ! �HDAT 0 BIRTH OF O✓FENDE Mn`�t►IE tp� MV OPERATOR LICENSE UMBER !U � O .� � /MB flEGISTRATION NUMBER - r RA RNSIARI.R. E i MASS. L c 4 Aso w�►r 0 DATUF VIOLATION ATIO VIOL N NOTICE OF A.M. P.A.)ON b 20 (� tj VIOLATION SI UR OFRFO IN RSO ENF51 G EPT. ,� / ADGENO. u dyJ� V u OF TOWN u I H ACKN LEDGE RECEIPT OF CITATION X n ORDINANCE Unable to obtalp signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS It l� ~ Date mailed u OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL LL a REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. LL a(1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, LL before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money.order or postal note to Barnstable Clerk,P.O.Box 2430, i Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. a (2)If you desire to contest this matter in a noncriminal proceeding,yoU may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature Barnstable Assessing Search Results Page 1 of 2 `�.��ram^ d c � • N i � �yy��i� �'-,�'^r Home:Departments:Assessors Division:Property Assessment Search Results New Search 5~`4 New Interactive Maps» Owner: 2010 Assessed Values: TRAYWICK,SAMUEL C 353 SCUDDER AVENUE 2010 Appraised Value 2010 Assessed Value Past Comparisons Map/Parcel/Parcel Extension Building Value: $100,000 $100,000 Year Total Assessed Value 288 /115/ Extra Features: $30,000 $30;000 2009-$269.600 Outbuildings: $0 $0 2008-$292,700 Mailing Address Land Value: $124,300 $124,300 2007-$291,900 TRAYWICK,SAMUEL C 2006-$289,400 2010 Totals $254,300 $254,300 PO BOX 216 W HYANNISPORT,MA.02672 2010 REAL ESTATE Tax Information: Tax Rates:(per$1,000 of valuation) Community Preservation Act Tax $59.28 Fire District Rates Town Residential Barnstable FD-All Classes $2.43 $7.77 C.O.M.M.-All Classes $1.26 Town Commercial Hyannis FD Tax(Residential) $462.83 Cotuit FD-All Classes $1.56 $6.87 Hyannis-Residential $1.82 Town Tax(Residential) $1,975.91 Hyannis-Commercial $2.88 W Barnstable-All Classes $2.28 Community Preservation Act 3%of Town Tax Total: $2,498.02 Construction Details Building . Property Sketch & ASBUILT Cards Building value $100,000 Interior Floors Carpet Property Sketch Legend Style Ranch Interior Walls Drywall Model Residential Heat Fuel Gas Grade Average Minus Heat Type Hot Water , Stories 1 Story AC Type None # a y !Y � •'ar `i',YA W Exterior Walls Wood Shingle Bedrooms 4 Bedrooms r Roof Structure Gable/Hip Bathrooms 3 Full yio r r Roof Cover Asph/F GIs/Cmp Living Area sq/ft 1,248 �y Replacement Cost $131.549 Year Built 1951 Depreciation 24 Total Rooms 8 Rooms Land Gross Area sq/ft 2,526 CODE 1050 AsBuilt Card N/A Lot Size(Acres) 0.18 Appraised Value $124,300 http://www.town.bamstable.ma.us/assessing/2010/displayparcell0map.asp?mappar=288115 7/22/2010 Barnstable Assessing Search Results Page 2 of 2 S� Assessed Value $124,300 View Interactive Maps>> t� Sales History: Owner: Sale Date Book/Page: Sale Price: TRAYWICK,SAMUEL C Apr 3 2003 12:OOAM 16688/124 $215,000 SCHILLER,PHILIP Dec 14 2000 12:OOAM 13428/201 $152,500 MORGADO,MANUEL F&ALINA T Nov 5 1999 12:OOAM 12648/153 $1 MORGADO,MANUEL F Oct 8 1999 12:OOAM 12594/181 $122,500 LAROCHE,GLENN M Jul 13 1998 12:OOAM 11566/043 $95,000 WILLIAMSON,JOHN P&EUNICE 1342/630 $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL1 Fireplace 1 $2,800 $2,800 BGAR Bsmt Garage 1 $2,100 $2,100 BFA Bsmt Fin-Aver 1000 $11,400 $11,400 APTX Extra Apartmt 2 $13,700 $13,700 Property Sketch Legend BAS First Floor,Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ir_a.us/assessing/2010/displayparcell0map.asp?mappar=288115 7/22/2010 Barnstable Assessing Search Results Page 2 of 2 Assessed Value $124,300 a`t�� view Interactive Maps >> Sales History: Owner: Sale Date Book/Page: Sale Price: GOLENSKI,DANA Sep 24 2008 12:OOAM 23173/144 $1 GOLENSKI,DANA&PAMELA Mar 15 1994 12:OOAM 9102/084 $80,000 GOLENSKI,DANA&PAMELA Mar 15 1994 12:OOAM 9102/083 $1 REGENT FINANCIAL CORP Mar 15 1994 12:OOAM 9095/038 $75,000 GOLENSKI,MADELINE Apr 15 1982 12:OOAM 3469/313 $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value BRR Bsmt Rec Rm 700 $2,800 $2,800 SHED Shed 80 $1,100 $1,100 Property Sketch Legend BAS First Floor,Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/assessing/2010/displayparcell0map.asp?mappar=288085 7/22/2010 07/22/2010 09:53 508-771-5336 CRAIGVILLE REALTY CO PAGE 02/02 Donald Crocker. P.O. BOX 214 Hyanni.sport, MA,02647 July 3, 2009 To whom it may concern, In 1966, 1 purchased 353 Scudder Avenue. At the time of my purchase,the premises was a Inulti-farnily,consistitig of three apartments and had been so since its construclion in 1951, This fact Was confirmed by my attornev. whn ar the t;mp ,.,.•o .,,—U-A .._._ records anal such, and determined its three unit status. The premises consisted of two apartments on the first floor and n„p_ in the%<x,4�V,,,,+ Lived in the walkout unit and vented the two �..,...», �. a:{µ 1.i..�1alJGA V1 yearsAaddiki. a.. w va �.t onal units. In 1977,I sold the property to Eunice and John Williamson,who to my knowledge continued to rent the premises as a three family for the duration of theirownership, Cordially Donald rocker 24 09 01:29p p,1 10 - �3 ZONING VERIFICAIAOM 24 46 TO: Linda Edson FROM: Kim M. Gomez - Leased Housing Coordinator RE: Legal Rental Unit Verification Date: �7�, 60 g ,� Address: Village: /%% ��6 Unit Type: Bedroom Size: Map & Parcel No.: -GD (� The owner of the above listed property is entering into a contract with us for the rental of the Property as listed above. Please verifi�by signing below that the unit is legal and meets all zoning requirements for a rental in the town of Barnstable. If it does not, please list reason here: Than o for yo Lance in this matter. �- L Signs re Print name Date VIA FAX: 990-6230 h1RVP section 8 Rev. 8/06 353 Scudder Ave. Hyannis. Tenant on the upper floor named"Ciao". Says there is a Brazilian living downstairs no relation to him. Linda Edson 1/13/05 2:15 PM. Site visit. r �oFIMWE•o Town of Barnstable do Regulatory Services BMW97nBLe, Thomas F.Geiler,Director �p�EDN►A'�A,O Building Division Peter F.DiMatteo Building Commissioner 367 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-7.90-6230 January 30,2002 Philip Schiller 65 Scudder Bay Circle Centerville,MA 02632 RE:Illegal Apartments Map: 288 Parcel: 115 Dear Property Owner: A review of our records,including the permitting history of 353 Scudder Ave.,Hyannis as well as Zoning Board of Appeals records indicate that the use of that address as anything other that a two family home is illegal. You are hereby ordered to discontinue the use of the above referenced property as it is now being used and restore it to a two-family hcme. You are to accomplish this work and notify this office to inspect within fourteen(14)days of receipt of this letter. A building permit must be zpplied for to residing the layout to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose,we will be more that happy to help you. If we do not hear from you within the 14 days,we will be forced to seek criminal action against you. Very truly yours, Gloria M.Urenas Zoning Enforcement Office- GMU/ Q020130a r,� Town of Barnstable Q�oFt�1�,,ti o� Regulatory Services BARNgrABM ; Thomas F.Geiler,Director y MASS. g 1639• ♦0 Building Division �AIED MA'S A Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 May 7, 2002 Philip Schiller 65 Scudder Bay Circle Centerville, MA 02632 RE: Illegal Apartment, 353 Scudder Ave., Hyannis Map/Parcel 288115 Dear Mr. Schiller: We are sorry you have chosen not to cooperate with this office in restoring your home to a�family dwelling. Since you do not want to comply to the Zoning Board of Appeals, we are forced to seek a complaint in District Court. Sin ely, Gloria M. Urenas Zoning Enforcement Officer GMU:aw q/fonns/singlfam FSHE l°yy Town of Barnstable ti Regulatory Services sa MASS. Thomas F.Geiler,Director y Mass. � �A i639• �0 rEor,,y.�A Building Division Tom Perry,Building Commissioner . 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: (UlN 5 ��2e ATTN: ��� C D®n FAX NO: Q . 570�, --1 g FROM: DATE: ^ c) � C��P - a q'- PAGE(S): (EXCLUDING COVER SHEET) Coawl C6" 1 j r dZ' 6W- F 12/8/04 Re: 353 SCUDDER, HYANNIS 10/4/04 D. Mattos has given Traywick 2 weeks to apply to amnesty. 12/8/04 Beth Dillen has not yet heard from him. David, Do you need to follow up on this or refer to Linda? Lois c Health Complaints 29-Sep-04 Time: 2:41:00 PM Date: 9/16/2004 Complaint Number: 17729 Referred To: DONNA MIORANDI Taken By: DENISE WITTER Complaint Type: CHAPTER II HOUSING Article X Detail: UNSANITARY CONDITIONS Business Name: Number: 353 Street: Scudder Ave Village: HYANNIS Assessors Map_Parcel: Co Of inant's Name: Edward Bates Address: caller is in basement apt Telephone Number: 508-685-7457 Complaint Description: Caller said there is water leaking down from the apartment upstairs. Caller said the piping is open and and is held up by electrical wires and the lights keep shorting and going off for hours were the water is coming into the wall. The wall is concrete but is covered by wood and there is a piece that fell out. Caller told landlord 6 days ago but it has not been fixed. Caller said the water in the bedroom is coming straight from the toilet. Landlord has not sent a plumber but an electrician but has not fixed it. Caller said the water on the floor is deep and is squishing through the carpet. Actions Taken/Results: DZM investigated and found some bad conditions. Toilets and showers had overflowed and water was dripping down from toilet above. Broken windows and windows and doors with no screens. Unit is loaded with smell of mold. Inoperable smoke detectors and rear bedroom egress is bolted shut. This appears to be illegal. Unit is 2 bedrooms and two apartments upstairs. As far as our records in the Health Department go it is only approved for 3 bedrooms total and most likely it is 6 1 F Health Complaints 29-Sep-04 bedrooms total. Owner has got to be notified. 9/22/2004-DZM spoke to building dept. and according to the file this apartment is illegal and has been so historically. It is in the ZOC on a small lot and the septic is good for only 3 bedrooms. DZM shall have to send a letter regarding the removal of this a pa rtme nt/bed rooms. DZM posted house with orange sticker-uninhabitable. 09/27/2004-DZM POSTED LETTER ON HOUSE SINCE IT WAS RETURNED FOR AN UNKNOWN REASON BY POST OFFICE. OTHER PROPERTY AT 648 OLD CRAIGVILLE BEACH ROAD, WHICH DOES NOT EXIST, WAS ATTEMPTED TO BE POSTED. HOWEVER, IT IS A RESIDENCE AND THE OFFICE IS FOR MARTIN C. TRAYWICK AND NOT SAMUEL C. TRAYWICK AS THE ASSESSOR'S RECORDS INDICATE. 9/28/2004-Spoke to Sam Traywick at length at 3:00 pm today. He states it is only 3 bedrooms total and is not being allowed access to do the repairs. He states he is going to apply for amnesty and is starting eviction procedures today. Investigation Date: 9/17/2004 Investigation Time: 10:45:00 AM 2 -L� I f �n+e : . . : The Town of Barnstable 9. � Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 11,2000 Mr.Manuel Morgado 178 Evans Street Osterville MA 02655 RE: 353 Scudder Avenue,Hyannis MA(Man#288/Parcel#093) Dear Property Owner: Our records indicate that your house at the above referenced location is currently being used as a multifamily home which is contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: • apply for a building permit to restore the property to a two-family home. • apply to the Zoning Board of Appeals for a variance,or • prove that this is a legal multifamily home. Please contact this office immediately to tell us what direction you wish to take. Sinc Gloria M.Urenas ZONING ENFORCEMENT OFFICER /kl q:gloria:000211 A r : ti . . �: The Town of Barnstable sntuvsTesi.E. • Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner y Q /7.9 7i12 U SAS RE: 353 Scudder Avenue,Hyannis,Mass.(Mai)#288/Parcel#093) Dear Property Owner: Our records indicate that your house at the above referenced location is currently being used as a multi-family home which is contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: • apply for a building permit to restore the property to a two-family home. • apply to the Zoning Board of Appeals for a variance,or • prove that this is a legal multi-family home. Please contact this office immediately to tell us what direction you wish to take. Sincerely, C loria am.Urenas ZONING ENFORCEMENT OFFICER �1c1 q:gloria:0001 I la r 178 c�t� 9W ;926 r ( C RA5 G,e 15 TIA LO TI�f VIC7ORR ,bq D,)G /5 /OM7-- P11'9 �7G�ti d� `% DUB Gy t . ` T)g � �OA7Ga� UF- r&UTAn-� Ccf I�NA y m pRo 0 sus 2iu� or- rnm�h /21 . SU,c Ay A�RrL ��/ )94 i 7 l-b4j' COA-.j �`fry LYOU5� dl'tHE The Town of Barnstable • BAWMeaz s, • 1659. `0$' Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 11,2000 Mr.Manuel Morgado 178 Evans Street Osterville MA 02655 RE: 353 Scudder Avenue,Hyannis MA(Map#288/Parcel#093) Dear Property Owner: Our records indicate that your house at the above referenced location is currently being used as a multifamily home which is contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: • apply for a building permit to restore the property to a two-family home. • apply to the Zoning Board of Appeals for a variance,or • prove that this is a legal multifamily home. Please contact this office immediately to tell us what direction you wish to take. Sinc Gloria M.Urenas ZONING ENFORCEMENT OFFICER /kl I q:gloria:000211 A Complaint Number: 1615 Taken bv: UI DINGS VI=CIJ-S Date: IL 0 2000 Man/r%arceL` 288 115 g' Referred to: BUILDING r SUBJECT OF COMPLAINT vl Business/Occupant Name: LAROCHE--GLEN = Number 353 Street: ISCUDDERAVE a , .: - _ - -} Villaze: S -z COMPLAINT INFORMATIONS Complainant's Name: NEIGHBORSo Address: 'Tele honeNumber: p 77S 7G_r - - Complaint Description.,i 2 FAMILY HOME BEING USED AS 4 OR MORE--USUALLY HAS 10 CARS IN YARD. Actions Taken/Results: WILL CHECK VA.M.—ALSO WILL GET ` PLATE NUMBERS. : Date Closed: 7- Town of Barnstable Planning Division 200 Main Street, Hyannis,MA 02601 508-862-4685 Fax 508-862-4725 Fax Cover Sheet File-f-fax.doc 10-28-2002 Date: e2 To: �tia Fax No.: ��� ' ��Jr' Z-7dL From: Art Traczyk,Principal Planner (508) 862-4682 or 4685 Subject: ,N Number of Pages: (including cover sheet) Message: AUG. 1.2002 9:49RM RTTY JOHN W KENNEY N0.979 P..3 COMMONWEALTH OF MASSACH USETTS BARNSTABLE, ss SUPERIOR COURT DEPARTMENT CIVIL ACTION NO: 2002-00073 ) PHILIP SCHILLER, ) Plaintiff ) vs. ) VIRGILIO MORALES and ) DERLY FERREIRA, ) Defendants ) AFFIDAVIT OF GLORIA M. URENAS The undersigned, Gloria M. Urenas, on oath deposes and states the following: 1. My name is Gloria M. Urenas and I am the,Zoning Enforcement Officer for the Building Division of the Town of Barnstable Regulatory Services. 2. I make this affidavit based upon my own information and belief and in support of the Plaintiffs' Answer to the Defendant's Counterclaim to the Amended Complaint. 3. Prior to purchasing the property known as 353 Scudder Avenue, Hyannis Massachusetts, Philip Schiller reviewed our file on the property,which clearly evidenced that the basement apartment was in violation of zoning ordinances, 4. Mr.Philip Schiller is well-known to the Town of Barnstable Regulatory Services due to various violations of building and zoning ordinances and codes concerning 353 Scudder Avenue and other properties which he has,or currently owns,in Barnstable County. 5. On or about ? the Building Department notified Philip Schiller of the violation concerning the basement dwelling unit at the Premises, 6. When a residence is owner-occupied, the owners may be eligible to apply for approval of an additional apartment under the Housing Authority's Amnesty Program, 7. In my capacity as the Zoning Enforcement Officer for the Town of Barnstable, I will fully support and.endorse an application for Amnesty should the owner-occupants of 353 Scudder Avenue properly submit the same. Signed under the penalties for perjury this _aay of August 2002, Gloria M. Urenas z ,"- 07 o a, � f ComUlaint Number: I685 taken bv: BUILDING SERVICESS Date: 3/10 2000 = Mar A) el: } - F; Referred to:,- ULD1rNG SUBJECT OF COMPLAINT Business/Occupant Name. y- MOGADO Number 353 S.treec-SCUDDER AVID Village: S £Y COMPLAINT INFORMATION 3 Complainant's Name: Address: Telephone Number: ComplamCDescription: MORE COMPLAINTS Actions Taken/Results: R J.AND G. U. WILL GO TO SITE 10:00 A.M. ON3/10/2000.WILL BRING BACK REPORT TO R.C. , a Date Closed: wrY.'. �... s _, ._... n... .. - .a. .. .:Qi• Fy.«. r rE U � - �/_ _; '��` , ,` i. 1 �' ���� �� I, �� i 1 � , �- i Property Location: 353 SCUDDER AVENUE MAP ID: 288/115/// Vision ID:21864 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 02/13/2003 12 _. < . W Co O. DETA,CL, 3 Element I Cd. ICh.I Description Commercial Data Elements Style/Type 01 Ranch Element Cd. Ch. Description Model 01 Residential Heat&AC Grade C- Average Grade Frame Type FEP aths/Plumbing Stories 1 1 Story 10 3 Occupancy 00Ceiling/Wall 48 ooms/Prtns Exterior Wall 1 14 Wood Shingle /o Common Wall 2 Wall Height oof Structure 3 able/Hip Roof Cover 3 sph/F GIs/Cmp Interior Wall 1 05 Drywall Element Code ff Description Factor 2 Interior Floor 1 14 Carpet Complex BAS 2 Floor Adj g BMT 2 Unit Location Heating Fuel 3 Gas eating Type 5 of Water umber of Units C Type H None umber of Levels /o Ownership Bedrooms 4 4 Bedrooms Bathrooms 5 3 Bathrooms 3 GOSIMAE4T U7TIlO' 0 3 Full nadj.Base Rate 60.00 Total Rooms Rooms Size Adj.Factor 1.11208 48 ath Type ade(Q)Index 0.98 Kitchen Style Adj.Base Rate 65.39 Bldg.Value New 99,327 Year Built 1951 ff.Year Built (A)1978 rml Physcl Dep 22 uncnlObslnc 0 -WE Econ Obslnc 0 pecl.Cond.Code 1050 Three Fam 100 Specl Cond% Overall%Cond. 78 eprec.Bldg Value 1+17 cnn �� .OB OUTEZTIL�D r�G�& YARD�ITEM.S IXFBClILDINGEX�TRA AT'URESB�' �,,�� Code I Description LIB I Units Unit Price Yr. Dp Rt %Cnd Apr. Value FPLI Fireplace B 1 3,000.00 1978 1 100 2,300 BGAR Bsmt Garage B 1 4,000.00 1978 1 100 3,100 BLA Bsmt Liv-Aver B 1,000 25.00 1978 1 100 19,500 APTX Extra Apartmt B 1 5,000.00 1978 1 100 3,900 . , .,..E ... ,.Br1ILDING.SUB4REA'.,SUt1f4RYSCIO•,N ..»..: '.....;...... Code Description Livin Area Gross Area E .Area Unit Cost Unde rec. Value BAS First Floor 1,248 1,248 1,248 65.39 81,607 BMT Basement Area 0 1,248 250 13.10 16,348 FEP Enclosed Porch 0 30 21 45.77 1,373 Ttl. Gross Liv/Lease Area 1,248 2,526 1,519 Bl& Va[: 99,327 Complaint Number:: 1647 Taken bv; jJ IX G-,S RVI ,S Date: . Ma6h)arcel' Referred to: U D1vG SUBJECT--OF COlVMPEAINTY 02 { v _ Business/Occupant�Name Nx w MORGADO _.A&Z WRIV _ Number 353 m}Street:, ISCUDDER AVE Villave: NIS : COMPLAINT INFORMATION ®_ Complainant's Name: ALL THE NEIGHBORS Address: Telephone Number: t' x Complaint Description ya - NO PERMITS—BLDG GOING ON .. _ Actions Taken/Results:, R:J.WILL MEET WITH HIM AT 9:30 A.M.TO GO OVER WHAT HAS TO BE DONE TO t RESTORE HOME TO A 2 FAMILY. s. To w Date Closed._ i of r Town of Barnstable ti Regulatory Services Vl � 9snRxABi.E� Thomas F.Geiler,Director 6.19. Building Division To Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: ATTN: FAX NO: -7 7.5 FROM: ""�`�� DATE: PAGE(S): (EXCLUDING COVER SHEET) r AUG. 1.2002 9:47AM ATT'Y JOHN A KENNE'Y NO.979 P.1 JOHN W.ISENNEY,ATTORNEY AT LAW 1550 FALMOUTH ROAD SUITE 12 CENTERVILLE,MA 02632 TELEPHONE(508) 771-9300 FAX NO. (508) 775-6029 TRANSIVHTTAL FAX COVER SHEET DATE: August 1,2002 TO: Ms.Gloria.M.Urenas FAX NO.: 508-790-6230 .FROM: Jacqueline M. Cronin,Esq, R5- Affidavit 353 Scudder Ave.,Hyamiis number of Pages Including This Page If you have experienced difficulty receiving this transmission, or do not receive the specified number of pages,please call(508)771-9300. ADDITIONAL COMMENTS: ******** CONFIDENTIALITY NOTICE' The documents accompanyng this FAX transmission cover sheet contain information from the Law Office of John W. Denney which is confidential or privileged. The information is intended to be for the use of the individual or entity named on this transmittal sheet. If you have received this FAX transmission in error,please notify us immediately at the above-referenced telephone number. RUG. 1.208E 9:47RM RTT"Y JOHN W KENNEY NO.978 P.2 J-01I .W KENNEY ATTORNEY AT LAW' 12 CENTER PLACE 1550 PALMOV7M ROAD CENTERVILLE,MASSACHUSE'TTS 02632 � TCMgPHCNE 771.9500 FAX NO.775,6029 AREA CODE$08 •.mail:Jwkesq@cape.corn VIA FACSIMILE August 1,2002 Ms, Gloria Iv1,Urei-W Town of Barnstable Regulatory Services Building Division 200 Main Street Hyannis,MA 02601 Re: 353 Scudder Avenue,Hyannis Map,Tarcel 288 115 Dear Ms, Urenas: As you know, I am counsel for individuals currently entrenched in a lawsuit concerning the property located at 353 Scudder Ave.,Hym6s• YOU may recall that some time ago you agreed to provide an affidavit relative to the aforementioned dispute. 'Therefore, I have attached a draft of a proposed affidavit. Kindly review and add any corrections,changes or additions which you deem necessary to accurately convey the truth of the matters stated therein. Upon receipt of your edited affidavit,I will prepare a final document and meet with you at the Building Department at your convenience for signature. Feel free to contact me should you have any questions or concerns regarding this?natter. Thank you for your kind assistance. Best re g ds, ac uelir�e M. Cronin,Esq. Enclosure JOHN W. KENNEY ATTORNEY AT LAW 12 CENTER PLACE 1550 FALMOUTH ROAD CENTERVILLE. MASSACHUSETTS 02632 TELEPHONE 771-9300 FAX NO. 775-6029 AREA CODE 508 e-mail:jwkesq@cape.com May 21, 2002 Ms. Gloria M. Urenas Town of Barnstable Regulatory Services Building Division 200 Main Street Hyannis, MA 02601 Re: t_353-Scudder Avenue, Hyannis „, Map/Parcel 288 115 Dear Ms. Urenas: Please be advised that efforts are currently underway to rectify the current residential occupancy situation at the above-named property. It is my understanding that the tenants who are residing in the basement unit are endeavoring to purchase the property as soon as possible. I have advised them to utilize the Barnstable Housing Authority's amnesty program should they succeed in purchasing the property, in order to render the basement apartment legal. In light of the above, it is my understanding that the Town of Barnstable Regulatory Services will refrain from prosecuting this matter despite the letter addressed to Mr. Philip Schiller dated May 7, 2002. Please advise me accordingly. Thank you for your assistance today in gleaning background information concerning the subject property. Feel free to contact me should you have any questions or concerns. Best regards, Jacqueline M. Cronin, Esq. r 1-30-2002 9:53AM FROM HYANNIS FIRE,"FESCUE 508 778 6448 P. i HYANNIS FIRE DEPARTMENT AN 95 HIGH SCHOOL RD, EXT, HYANNIS, MA. 02601 �r 'g4e NF ICeL HAROLD S, BRUNELLE, CHIEF oerart�f� SVE Aitiaisa ni v�Re eauearee FIRE PREVENTION BUREAU BUSINESS PHONE:(50$)775.1300 FACSIMILE PHONE:(508)778-6448 LT. DONALD H.CHASE,JR.,CFI LT.ERIC F.HUBLER,CFI FIRE PREVENTION OFFICER FIRE PREVENTION OFFICER FACSIMILE TRANSMITTAL SHEET THIS FAX IS GOING TO: GLQUA..17mlkl$......-..ZQ LA u.q..Aul ................ THIS FAX IS BEING SENT BY: Diane / Fire Prevention Office SUBJECT OF THIS FAX, 5.3...Seud 2r ............. � /� CrL ........ ..... FAX NUMBER: NUMBER OF PAGES: 1/30/02 508-790-6230 3 C-DATE. ................................. .............................................. ......`INCLUDES GOVERN........ NOTES: ................................................................................................................................................ NOTE'ANYTROI'ER'lf Y WFFHTIVE(S) OR MUKh UN115 WILL 1%ILMAIf.Lu A r1 ^l rnn OF$50.00 - THIS ALSO APPLIES TO A RE-INSPECTION, IF NECESSARY. 1-30-2002 9.54AM FROM HY,ANN I S FIRE/RESCUE 508 7 7 8 6d48 p. 2 b:L#: 2003704 St:ACT Cat:M.F LP: $159, 900 • Addr:353 SCUDDER AVE Town:BARN Barnstable Zip:02601- s, t Vi11.HYA Hyannis County:BARNSTABLE Subd:0000 14ap#:R288 Par#:115 ---------------------------------------------- of unita.-2 Acres: . 20 Watorfront:N Of Cars: Rd Frnt: Waterview: N Garage: N Depth: Mi/Bch; .1-.3MI Undgnd Fuel:U Pool: N Asbestos: U Dock: N Tr Blt: 1951 Lead Saint: U. RENOVATED Cert/Treat; N UFFX;N - --_---_..__ _--___-- Unit Descriptions; Un#: Rooms: BRs: FBs: HBs: Flr/Lev: Leased: Lease Expires: Monthly Rent; 1 : 3 1 1 1 Y 10/20/2000 $750 2 -, 3 1 1 1 Y 12/20/2000 $800 3 : 4 : ------- ------------------------------_----------- ECHDES-Ocean BCHOWN-Public TYPE Two Famil POOL None DOCK/M-No Dock GARAGE-No Garage PRKING•-Unpvd Drvway HTCOOL-Natural Gas HTCOGL-Hot Water HTCOOL-3/+ Zone Ht UTILS -Priv Sewer UTILS -Town Water UTILS -Electric UTILS -Telephone UTILS -Cable TV HOTWTR-Natural Gas LLPAYS-Water LLPAYS--Heat LLPAYS-Electricity BASEST-Full BASEMT-Finished BASEMT-Valk-out INFEAT-HU-Cable TV EXTFEA-Fenced Yard EXTFEA-Storm Doors EXTFEA-Storm Windws LOTDES-Corner LOTDES-Cleared FOUNDN--Concrete SIDING-Shingle SIDING-Clapboard ROOF -Pitched. ROOF -Asphalt CONVEN-Marina CONVEN-Shopping CONVEN-Church ROCS -No Documents FLDPZN-Unknown SHWINS-Appntmnt Rea_ SHWINS-Call Lstg Of SHWINS=Yard Sign ------------------------------------- Total Asmt: 76, 000 Ann Tares: $1, 300/2000 Title Ref:1234 Land Asmt: 30, 500 Ann Bettrmt: 0 Plan: 56 Imprmts Asset: 45, 500 Unpd Bettrm: 0 Zoning; RESIDENTIAL To Be Assessed:N Spec Aseessment:N Mass Use: 104 TWO-FAMILY ---------------------------------------------------------------- Great Investment or live in w/ rental income! Close to Beach! - Duplex w/ Large Rms - New Septic in 1997. Finished walk-out Basement! Leased until Oct , A MUST SEE! ! Dir:Craigville Beach Rd. to Scudder Information Deemed Accurate but not Guaranteed.. ----- iCopyright= 2000 by Cape Cod & Islands MLS, Inc. 05/22/2000 13 :27 Prepared by: rna Newman on achy 22,2000 TOWN OF BARNSTABLE DEPARTMENT OF HEALTH SAFETY AND ENVIRONMENTAL SERVICES BUILDING DIVISION STOP WORK THIS STRUCTURE AND/OR PREMISES HAS BEEN INSPECTED AND THE FOLLOWING VIOLATIONS OF THE BUILDING CODE AND/OR ZONING ORDINANCE HAVE BEEN FOUND: 1) C,�l , c, CC'T 1 2) —Z'O _� C_a9 c co c ri 4) YOU ARE HEREBY.NOTIFIED THAT NO ADDFI'Igl4 F ORK H BE- JND AKEN T. R THE PREMISES UPON T .FiE OCCUPIED,UNT—IL'THE ABOVE VIOLATIONS" AUE CORRECTED. ANY PERSON REMOVING THIS NOTICE WITHOUT PROPER AUTHORIZATION SHALL BE LIABLE TO A FINE OF NOT.LESS THAN FIFTY, NOR MORE THAN ONE HUNDRED DOLLARS. Address ,�� su-j COCL 4fie, Date 2 SENDER :. , ^+ I also wish, to 'receive the H • Complete items 1 and/or 2 for additional services ` ®_ Complete items 3,and 4a&b. following services (for an extra u Y . .� • Print your name and address on the reverse of this form so-that we can fee)' ?' ® return thispIrd to you. < ' m' ® • Attach this form to the front of the mailpiece;or on the back if space 1. ❑ Addressee's AddreSS N does not permit. t • Write"Return Receipt Requested"on the mailpiece below the article number. 2.`Q Restricted Delivery m +' • The Return Receipt will show to whom the article was delivered and the date' Consult postmaster for fee. delivered. ._ -. cc ® 3. Article Ad dressed4toc F 4a. A i.8 le llvvu .b r ` P 0 49T.619 ° '& Johh & Eunice Williamson 4ti. Se; ce Type G 870 Gay yStYeet - t ❑ Registered ❑;Insured �Vj c Westwood, Mk 02090 XICertified C) COD; �. '4 Return Receipt for .5 W _ ❑ Express Mail Merchandise �. , ► j p � �s. .7, Date:of Delivery • l ` Z f nature: ddressee) 8: Addressee's Address(Only if requested X-` a -and fee is:pad) W.r Signature(Agent) . ` ° DOMESTIC RETURN RECEIPT r >'PS Form 811, December 1991 �u.S.�PO:19e3--�2a1a ,' ti ►Crossen Ralph From: Crossen Ralph To: Klimm, John Subject: constituent inquiry Date: Tuesday, March 14, 2000 11:59AM 353 Scudder Ave-This two family has a long history of involvment of our office and about a year ago we closed it out after the illegal third unit was removed.Mr Morgado bought it and began illegally converting the basement back into an apartment. We called him in and had a talk with him. He really didn't know (there is a cultural difference) he couldn't create an apartment. He told us that he lives in Osterville and when his family comes over from Brazil he wants a place to send them; he doesn't want them at his house in Osterville. We told him he could not and he stopped working on the space. We recently checked and it still is unfinished, in other words he has kept his word. The real problem is the large amount of cars there (close to ten). As long as it is being used properly (as a two family), we have no controll over the cars that go there. Each unit can rent out to up to 3 dodgers or boarders under local and State law, and apparently this is hard for people to accept. We will continue to watch over it. House on corner of Smith and Marstons- I talked to BOH folks and they visited and asked the owner to provide hay bales so that there is no wash out into the street. They have agreed to. 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YkktiYkkkkkk::::•:•:.::• tiff#:; K •:;x;•: %{?{:;lei `•+}}}Yk?}:;•.•kkYYYYkkakkikkY::YYY?kkkk:h}r r'•}r:}•nv.}}}}}}„}}}`?w•:{}}:fi}:} ' rii?iM1?4?'v :r`:.r3 ,::j ;:i:`•f?:�?`,,`,?' .. yi:`•:iiiii}$:^i5kk:.k`: y M1's:`: sN»+: ;:; ,• i>ii't':�kY�'v:T n`a,,,,a,:,:a.,•.ay.:•,:•.,: ,:.:•:.:•:, •::n.:.tr.,,,,v:.,,,,,::kt.4,t•..• a„�•k?`a,{,{:,:t,,,•.a,• .r.r...r:>}}7:•}7}7»}}}}}r»r•}�� .. ...... '4}}x47.....>..:;fi}77:.. ..}.r}...}}r}i}r`7}`x4>:•}77777};}}}rx4:•x.}r,o�'47.:,r7».:...Y.r7}}777}:•}Yxx JUA 24 "98- G_R_:-3h—_R 1 C2_CrrFiBN.CWAKRLESTATE P.2 Multi-Family - Long Report 051051913 Page 1 Ai teas 353 Scudder Ave List Price $104,900 ; Bamstab{e iL;< Liss# 6039752 r';, " .."`•< , !..4 1,r-5. Li 3tT r��. MlS Listing Status ACT y Du lex`'� YrBuilt 1951 Renov Let8ize 0.18 Garage No Garage Parking Unpvd Countv Barnstable Village Hyannis ConvenTo Chrch,GlfCrs, Medfac, School, Shpng Area South of 28 MisBch 3/10 to 5/10 Mile BchDsc Ocean Subdiv Dock NoDock BchOwn Public Zip Code 02601 Pool No OthAcc DscAcc Basement Full, Finish,Wlkout Fndatn Cone Siding Shing,Clap Commintr Cable Roof Pitchd,Asphlt CommExtt, Screen, St000r, StWind HeatCool NGas, HotWat SpclFnc NoFin HotWtr NGas Wtr$wr PriSew, TwnWtr LLPays Water, Heat, Elect, HctWat, Gas unit 0 'nnerns Be& F 1 3 1 1 Water Meter.Gas Meter,Electric Meter,Refrigerator,Electric Stove,Water Heater $ 3 1 1 Refrigerator,Electric Stove,Water Heater 3 4 LJnM ti,Aonihly Rent ! Luse Exokes Lease Terms 1 offli l) leased TAW 2 3 4 Living Room trining Room Kitchen Family Room Master Bdrm Bedroom 2 Bedroom S Bedroom 4 UOU Dim Level Laid Am Lue t lm Level gee Lad Eft PA I well t 9 1 1 2 1 1 1 3 4 LotWidth 26 Depth 48 Irregular No LotDeSC Cleard Ad Copy Investors Take Note, This could be your last chance to Own a fantastic Investment property,one side is rented the other side is vacant and ready to go.This property is close to all Cape Cod has to Offer.Walk to 3 Beaches, Golfing&Shopping. The Rents Make Cents$$$. This won't last.Title 5,1997. Directions From West End Rotary,take Scudder Avenue to*353 ,house is on the left look for sign. Map# R288 TitlRef B 2600 P 211 LC. AssmtStat Assessed Parcel# 115 Plan LandAsmt $29,500 UFFI N Annual8ttr $0 P1nLot 86 Improvmnt $61,800 Ashest U UnpaidBttr $0 Zoning RB TotalAsmt $91,300 UTank U FPlain Not In Flood Plain use 104-Two-Family Taxes$ $1,424 LPaint Unknown Tax Year 1997 infonst en Deemel kr-WA c bUt net OU3MMe0ed-printed by Maiisrme Pepper,CENTURY 21 CobtsNmAk-tt 8=75: r Lipman, Drummond & Freeman ' Attorneys at Law 3180 Main Street Barnstable, Massachusetts Stephen I. Lipman* Tel: (508) 362.4700 Mailing Address: Tucker Drummond Fax: (508) 362.8281 P.O. Box 578 Peter L. Freeman Barnstable, MA 02630-0578 November 22, 1996 BY FACSIMILE: 790-6230 TOUR!OF BARNSTABLE Mr. Ralph Crossen, Building Inspector BUILDING DEK TOWN OF BARNSTABLE 367 Main Street D NOV 2 5 1996 Hyannis, MA 02601 Re: 353 a/k/a 289 Scudder Avenue, Hyannis O U John P. and Eunice R. Williamson Dear Mr. Crossen:As you know, I represent John and Eunice Williamson, the owners of the above-referenced property. On their behalf, I hereby request that you reconsider your ruling that the premises are legal only as a single family residence. Specifically, I would ask you to rule that, based on the history of the premises, it is valid as a pre-existing nonconforming use for two (2) dwelling units (one bedroom- each) on the first floor.' According to the field cards of the Town . Assessor' s Office, the structure was built in 1951. The cards show a footprint of 26 ' x 48 ' , which is what it is now. Although the cards also say "single family" , this does not comport with the memory of a long- standing resident of Barnstable, who remembers when the structure was built. That person is Betty Nilsson, currently of West Barnstable. She told me that she remembers the area in question in the late 1940 ' s and early 1950 ' s. She remembers when the structure, and the identical one next door at 365 Scudder Avenue (also owned by the Williamsons) , were built. She says that they were "exactly the same" , and that they were both "duplexes" . Interestingly, the field cards in the Assessor' s Office for 365 Scudder Avenue do indeed show that structure as two family. Likewise, you have indicated that 365 Scudder Avenue is a legal two apartment structure. Mrs. Nilsson also remembers that the builder was someone known as "Killer" Calmas, who owned a hardware store on Main Street, Hyannis. Indeed, the Registry of Deeds shows that in the early 1950 ' s, the property was owned by a "Wilfred E. Calmas" and/or "Gladys E. Robinson, formerly Gladys E. - Calmas" . This reinforces Mrs. Nilsson' s memory' of the area. Likewise, there is a letter dated September 6, 1983 from the previous Building Commissioner to Mr. • Also Admitted in Rhode Island and New York Boston Office:.21 Custom House Street,Boston, MA 02110-3500 Telephone: (617) 261-7800- Fax (617) 261-7878 Lipman, YDrummond & Freeman Mr. Ralph Crossen, Building Inspector TOWN OF BARNSTABLE Page 2 November 22, 1996 Williamson indicating that the structure has three (3) units, and that the basement, apartment would appear to be a zoning violation, unless Mr. Williamson could produce permit authorization for the basement apartment. (A copy of this letter was included in my . clients' Appeal of your ruling to the Zoning Board of Appeals) . Implicitly, the other two apartments were not considered a zoning violation. Although I know that you shy away from reliance on the opinions of the previous Building Commissioner, the fact is that in this particular case, the September 6,. 1983 letter corroborates Mrs. Nilsson' s memory. I would respectfully suggest that Mrs. Nilsson is a very reliable "witness" , and certainly would encourage you to speak with her. As you know, my clients have appealed your ruling to the Zoning Board of Appeals, and have also applied to said Board for a Variance and for a Special Permit .to allow three (3) one bedroom apartments in the structure. However, my clients are willing to withdraw all of . their appeals and applications for zoning relief if, upon reconsideration based on this new information, you were to rule that the structure at 353 Scudder Avenue is legal as two (2) one bedroom apartments on the first floor. If so, my clients would eliminate the basement apartment. Please note, however, that this request should not be viewed as an admission by my clients that they are not entitled to three (3) one bedroom apartments, as requested in the above-referenced appeals and applications for zoning relief, and they specifically reserve all rights they may have and do not hereby waive said appeals and applications. The hearings before the Zoning Board of Appeals are scheduled for December 4, 19966 'Your earliest attention to this letter would be greatly appreciated.'; If you have any questions, please give me a call. Very .truly yours, PETER L. FREEMAN PLF:njm cc John P. Williamson 'C•Williams I / G t �-, ro p�.. �o'Z r.a h �•. oaz pit, `'Z'C7 1 P�� tj r�t9 N Q n p e� A': �- 4: � l+L. Itq.lcY. . T. / /� CL 4JQ"?e �Y �� i cti J /z. ``, �7 c '7116If THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) im /A �("�C��J-6 x "- L OATA i Is r VIA G G 7 .:r > r °F tME 1p� The Town of Barnstable BAMSTnsne, 9� '� Department of Health Safety and Environmental Services prFDN11'�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner October 11, 1996 John and Eunice Williamson c/o Peter L.Freeman,Esquire Lipman,Drummond&Freeman 3180 Main Street,P.O. Box 578 Barnstable,MA 02630 Re: John and Eunice Williamson 353 Scudder Avenue,Hyannis,NPA Dear Mr. and Mrs. Williamson: Pursuant to my discussion with your attorney,Peter L. Freeman,the other day,you have two choices with this property: 1. Take out a building permit to restore it to a single family house;or 2. Obtain a variance from the Zoning Board of Appeals to keep the two units. Because the property is located in a single family residential zoning district(RB),you are in violation of the Barnstable Zoning Ord -iances and must cease and desist the use of this building for anything other than a single family house. You have the right to appeal this decision. If you so choose,we will be more than happy to help you. S erely, RALPH M.CROSSEN Building Commissioner Q961011A f � + 1 � 1 q U 6/76 aye, m � r lv i - 9 MtL VC r Town of Barnstable F Department of Health, Safety, and Environmental Services ;�"MANB Public Health Division �°tsc rt ", 367 Main Street, Hyannis MA 02601 Thomas A McKean ofrice: 509-790-6265 Director of Public Health FAX 509-775-3344 July 17. 1996 John and Unis Williamson 566 Commonwealth Avenue Boston, MA 02215 ORDER TO COMPLY WITH 310 CMR 15.00, THE STATE ENVIRONMENTAL CODE, TITLE 5. The septic system owned by you located at j53 Scudder Avenue, Hyannis was inspected on July 15, 1996 by Edward Barry a Massachusetts licensed septic inspector. The inspection of your septic system showed that your system has failed under the '` guidelines of 1995 TITLE 5 (310 CMR 15.00) due to the following: • Overflowing cesspool You are directed to hire a licensed professional engineer (PE) to design a system that will bring the septic system in compliance with 310 CMR 15.00, The State Environmental Code, Title 5 within twenty-one (21) days of your receipt of this letter. You are also directed to hire a licensed septic system installer to install the system components within forty-five (45) days of your receipt of this order. You are further directed to maintain the system by hiring a licensed septage hauler to pump the septic system to prevent discharge of sewage or effluent into the buildings, onto the surface of the ground, or in to surface waters. Any person aggrieved by any order issued by the local approval authority may appeal to any court of competent jurisdiction as provided for by the laws of the Commonwealth. PER ORDER OF THE BOARD OF HEALTH T as A. McKean, R.S., C.H.O. Agent of the Board of Health a Lipman, Drummond & Freeman ;Ili Attorneys at Law 3180 Main Street Barnstable, Massachusetts Stephen I. Lipman' 700 Tel: (508) 362.4 Tucker Drummond Fax: (508) 362 Mailing Address: . 700 Peter L. Freeman P.O. Box 578 r' Barnstable, MA 02630-0578 A a � 6 V Mr. Thomas A. McKean Board of Health TOWN OF BARNSTABLE � /4uG► � s r 367 Main Street Hyannis, MA 02601 i�, 1996 Re: 353 a/k/a 289 Scudder Avenue, Hyannis John P. and Eunice R. Williamson Tenant: Joan Burke Dear Mr. McKean: r As a follow up to my letter to the Board of Health and request for hearing dated August 13, 1996, m Premises with an electrician and has remedied al client l matters the that needed remedy. The specifics, with reference to the six alleged violations listed in your letter of July 23, 19961 are as follows: 105 CMR 400. 180 - Low Water Pressure in the Kitchen Faucet flow rate was determined to be 3.5 GPM which appears to be adequate. 105 CMR 410.351 - Bath Li ht Switches One switch was reworked and circuit now functions normally. 105 CMR 410.351 - Kitchen Fan Ino erative The fan was removed several years ago. At that time, the switch was disconnected and the opening sealed with wood a insulation. Neither the Lease nor the Code requires a fan. nd 105 CMR 410.351 - Electrical Tri with Multi—A liances The kitchen contains a 22 cubic foot, refrigerator, 1.0 cubic two door frost-free foot microwave, toaster, coffee maker, two lights, and a fan. The circuit breaker, which has tri ed eight months from overload, is working properly. pP twice in should be disconnected or operated more selectively�me appliances • Also Admitted in Rhode Island and New York Boston Office: 21 Custom House Street, Boston, MA 02110.3500 Telephone: (617) 261-7800- Fax (617) 261-7878 n, Drummond & Freeman r. Mr. Thomas A. McKean Board of Health TOWN OF BARNSTABLE Page 2 August 23, 1996 105 CMR 410.550 - Rodent Feces in Basement Feces could not be located in the cellar, which is space not rented by tenant. When tenant removes possessions from this area it will be generally cleaned and swept. 4un er t Post - Owner's Name Address and Tel- hone Number Not Posted I _ This has been done. As to the Notice of July 16, 1996 requiring the house number ' be shown as 353, this has been done. � As to the Board of Health letter of July 17, , the overflowing cesspool, this cesspool services only9 the left sing apartment (presently scant) and is not connected to the tenant 's, (Joan Burke) plumbing, nor is it in the land area of the property allocated to her. y ;r I am enclosing herewith a co Electric, Inc. , dated August 14, 1996. of a letter from Nate's i If you have any further questions, please give me a call. f Very truly yours, i PETER L. FREEMAN PLF:njm cc: Jack Williamson Thomas A. Lynch, Barnstable Housing Authority i Susan Nagle, Esquire C:Williams.Js I i i r i . L7 OR _ { OCT 09 'ti6 081:45 WYL_E,LIPMAN&FREEMAN P.c October 9, 1996 John and Eunice Williamson c/o Peter L. Freeman, Esquire LIPMAN, DRUMMOND & FREEMAN 3160 Main Street, P. 0. Box 578 Barnstable, MA 02630 Re: John and Eunice Williamson 353 Scudder Avenue, Hyannis, MA Dear Mr. and Mrs. Williamson: Pursuant to my discussion with your attorney, peter L. Freeman, the otter day, you have two choices with this property: - 1. Tape out a building permit to restore it -to a single family house; or 2. Obtain a variance from the Zoning Board of Appear to keep the two illegal units. Because the property is located in a single family residential. zoning district (RB) , you are in violation of the Barnstable Zoning Ordinances and rust cease and desist the use of this building for anything other than a single family house. You have the right to appeal this decision. It you so choose; we will be more than happy to help you. Very truly yours, RALFU M. CROSSEN Building inspector The Town of Barnstable a s • 3AHNSfA M • 9� 1 Department of Health Safety and Environmental Services ArFD,MA'�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner October 9, 1996 Peter L.Freeman,Esquire Lipman,Drummond&Freeman 3180 Main Street, P.O.Box 578 Barnstable,MA 02630 Re: John and Eunice Williamson 353 Scudder Avenue,Hyannis,MA ? Dear Mr.Freeman: The premises at 353 Scudder Avenue,Hyannis,MA are located in a single family residential zoning district(RB). The files at our offices do not show any record of the premises being permitted for other than a single family residence. Therefore,the basement unit appears to be illegal under the Barnstable Zoning Ordinance,and there should only be one residential unit on the first floor of this dwelling. It is my understanding that only one unit on the first floor is presently occupied.(by Joan Burke). If you do not obtain relief from the Zoning Board of Appeals,you will have to eliminate the basement apartment and have only one unit on the first floor,so that the remises will be a single family dwelling. P Y P g Y g Sincerely, Ralph M.Crossen Building Commissioner y P 229 805 383 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Williamson Street&Number Post Office,State,&ZIP Code Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered Q Return Receipt Showing to Whom, Q Date,&Addressee's Address 0 TOTAL Postage&Fees $ C* Postmark or Date E `o 1L U o_ I f °N,zoy, The Town of Barnstable • anxxsrast.E, • Department of Health Safety and Environmental Services 'OrFntu't° Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 18, 1996 John Williamson 870 Gay Street Westwood,MA 02090 Re: 353 Scudder Avenue,Hyannisport,MA Dear Mr. Williamson: Pursuant to our discussion with you the other day,you have two choices with this property. 1. take out a building permit to restore it to a single family home,or 2. obtain a variance from the Zoning Board of Appeals to keep the two illegal units. As I stated,you are in violEtion of Barnstable Zoning Ordinances and must cease and desist the use of this building as anything other than a single family home. If you wish to appeal,we will be more than happy to assist you. Sincerely, Ralph M.Crossen Building Commissioner RMC/km CERTIFIED MAIL P 229 805 383 r .. THE l The Town of Barnstable rt BARNSrAHLFw + Department of Health Safety and Environmental Services ,. ATFDMA'�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 2, 1996 John and Eunice Williamson 566 Commonwealth Avenue Room 606 Boston,MA 02215 Re: 353 Scudder Avenue,Hyannis,MA Map/Parcel 288/155 Dear Property Owners: A review of our records,including the permitting history of 353 Scudder Avenue,as well as the Zoning Board of Appeals records indicates that the use of that address as anything other than a single family home is illegal. You are hereby ordered to discontinue the use of the above referenced property as it is now being used and restore it to a single family home. You are to accomplish this work and notify this office to inspect within 14 days of your receipt of this letter. A building permit must be applied for to redesign the layout to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose,we will be more than happy to help you. If we do not hear from you within the 14 days,we will be forced to seek criminal action against you. Very truly yours, Gloria M.Urenas Zoning Enforcement Officer GMU/km cc: T.McKean,Director of Public Health Hyannis Fire Department Barnstable Housing Authority CERTIFIED MAIL P 229 805 332 R.R.R. Q950912A I . . . °; The Town .of Barnstable neRrrsr�are, • 0 9. � Department of Health Safety and Environmental Services iOrEo Mop' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner October 9, 1996 Peter L.Freeman,Esquire Lipman,Drummond&Freeman 3180 Main Street, P.O.Box 578 Barnstable,MA 02630 Re: John and Eunice.Williamson 353 Scudder Avenue,Hyannis,MA Dear Mr. Freeman: The premises at 353 Scudder Avenue,Hyannis,MA are located in a single family residential zoning district(RB). The files at our offices do not show any record of the premises being permitted for other than a single family residence. Therefore,the basement unit appears to be illegal under the Barnstable Zoning Ordinance,and there should only be one residential unit on the first floor of this dwelling. It is my understanding that only one unit on the first floor is presently occupied(by Joan Burke). If you do not obtain relief from the Zoning Board of Appeals,you will have to eliminate the basement apartment and have only one unit on the first floor,so that the premises will be a single family dwelling. Sincerely, Ralph M.Crossen Building Commissioner r 0CT 89 'p y6 08:a5 WYLIE,LIPP1AN&FREEMAN P. 1 ✓' 1 Lipman, Drummond Freeman Attorneys at Law 3180 Main Street Barnstable, Massachusetts Stephen 1.Lipman* "Tel: (308)362•4700 Meiling Address: Tucker Drummond Fax: (508) 362.8281 P.O.Box 578 Peter L.Freeman Barnstable, MA 02630.0578 TELECOPIER TRANSMITTAL FORM DATE:_ TO: FAX: -7 9- 6 a 5v (Telephone a d Telecopier as above) RE: NUMBER OF PAGES (including this transmittal cover page) : COMMENTS: CONFIDENTIALITY NOTICE The documents accompanying this teleeopy transmission contain information from the law firm of LIPMAN, DRUMMOND & FREEMAN which may be confidential or privileged. This information is intended solely for the use of the addressed individual or entity. in the event that you are not the intended recipient, be advised that any' disclosure, copying, distribution or any other use of the telecopi.es information, or its contents, is prohibited. In the event that this transmittal is erroneously sent to you, please notify us immeda,ately by telephone so that we can arrange for the retrieval of the documents at no cost to you. • Alw Admitted to Rhode Island and Ncw York Boston Office:21 Custom House Street, Boston,MA 02110,3500 Telephone: (617) 261-7800- fax (617) 261-7878 I P O15 496 619 Receipt for Certified Mail ® No Insurance Coverage Provided mum Do not usefor International Mail (See Reverse) A., Sentto John & Eunice Williams n Street an$tp0 Gay S t. P.O.,Sta'09 Vlwood, MA 02090 ,Postage W e S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered o Return Receipt Showing to Whom, 7 Date,and Addressee's Address TOTAL Postage 1 c &Fees Postmark or Date E C U. dE tME�� The T ABIX own of Barnstable WWW b`¢ Department of Health Safety and Environmental Services..Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: c(:--:I0-6230 Building Commissioner May 1, 1995 John and Eunice Williamson 870 Gay Street Westwood, MA 02090 Re: 353 Scudder Avenue, Hyannispor( MA Dear Property Owners: This office is in receipt of a complaint alleging that you have rental apartments. The area is zoned Residential and only single family dwellings are permitted. There is no record of a building permit or special permit. Please contact me immediately regarding this matter. I may generally be reached at 508-790-6227 Monday-Friday from 8:30- 9:30 a.m. and 3:00 -4:30 p.m. Very truly yours, Gloria M. Urenas Zoning Enforcement Officer GMU/km CERTIFIED MAIL P 015 496 619 R.R.R. a - TO�.'N OF' BAI22ISTAB .- 1. - BUILDING DEPARTMENT COMPLAINT/INQUIRY +PORT Date ec'd I3v Assessors No. �'�'_G Last ORIGIT1ATpRet Name r 1� . .. . ---------- Village State Zi Telephone: Home � Q -2 W ork� _ Descri tion: _ 'C014PLAINT Lr 3, —INQUIRY . ReVestor's Signature COCATIONT Street Address CATION �G S A- f OFFICE USE 01Ly - INSPECTOR'S Date ACTION/ Ins ector CO}ZXN S .:CT:0 G _ All i s I:DD�i iO:;I � •��e��1 p. ATTI:CEED CO?Y FILE YELLOW - Zl:SPECTOR 2 SPECTOR (R£TUPI; TO OZ-pZCE j, KISS; i k R288 115. AP P RA I SAL DATA KEY 192124 WILLIAMSON, JOHN P & EUNICE LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RB 29,500 67,600 1 A-COST 97, 100 B-MKT 76,900 BY 00/ BY ML 12/88 C-INCOME PCA=1011 PCS=00 SIZE= 1248 JUST-VAL 97, 10.0 LEV=400 CONST-C 0 ----COMPARISON TO CONTROL AREA 55CC ---------------------------- NEIGHBORHOOD 55CC HYANNIS PARCEL CONTROL AREA TREND STANDARD 10] 10 LAND-TYPE 29500] LAND-MEAN +0% 97100] 78256 IMPROVED-MEAN -14% 25% ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 100%] LOCATION-ADJ APPLY-VAL-STAT 1 LNR]LAND LFT/IMP]ADJS/SB/FEAT STR]STRUCTURE ARR]AREA-MEASUREMENTS NOR]NOTES COM]MARKET INC]INCOME PMR]PERMITS GRR]GRAPHIC FUNCTION-[ ] STRUCTURE-CARD NO-[000] DATA-[ ] XMT[?] R288 115. P E R M I T [PMT] ACTION[R] CARD[000] KEY 192124 00000000] PERMIT-NO MO YR TYPE VALUE CK-BY MO YR %CMP NEW/DEMO COMMENT ?] [ ] [R288 115. ] LOC]0353 SCUDDER AVENUE CTY]07 TDS] 400 HY KEY] 192124 ----MAILING ADDRESS------- PCA] 1011 PCS]00 YR]00 PARENT] 0 WILLIAMSON, JOHN P & EUNICE MAP] AREA]55CC JV1420226 MTG]0000 870 GAY ST SP1] SP2] SP3] UT1] UT2] . 18 SQ FT] 1248 WESTWOOD MA 02090 AYB] 1951 EYB] 1975 OBS] CONST] 0000 LAND 26600 IMP 63700 OTHER ----LEGAL DESCRIPTION---- TRUE MKT ' 90300 REA CLASSIFIED #LAND 1 26,600 ASD LND 26600 ASD IMP 63700 ASD OTH #BLDG(S) -CARD-1 1 63,700 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL 353 SCUDDER AVE TAX EXEMPT #DL LOT 66 RESIDENT'L 90300 90300 90300 #RR 1440 0075 1356 0059 OPEN SPACE #SR REDWOOD LANE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE]00/00 PRICE] ORB] 1342/630 AFD] LAST ACTIVITY]05/21/91 PCR]Y R288 115. L000353 SCUDDER AVENUE CTY07 TDS 400 HY KEY 192124 ----MAILING ADDRESS------- PCA1011 POSOO YROO PARENT WILLIAMSON, JOHN P & EUNICE MAP AREA55CC JV420226 MTGOOO(7) 870 GAY ST SPI S P'..21 UT:f. UT2 . 18 SO FT 1248 WESTWOOD MA 02090 AYB1951 EYB1975 OBS CONST 0000 LAND 26600 IMP 63700 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 90300 REA CLASSIFIED #LAND 1 26, 600 ASD LND 26600 ASD IMP 63700 ASD OTH #BLDG(S) -CARD-1 1 63, 700 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE *PL 353 SCUDDER AVE TAX EXEMPT *DL LOT 66 RESIDENT"L 90300 9030o 90300 #RR 1440 0075 1356 0059 OPEN SPACE #SR REDWOOD LANE COMMERCIAL INDUSTRIAI..- EXEMPTIONS SALEOO/00 PRICE ORB1342/630 AFD LAST ACTIVITY05/21/91 PORY ROV F-- Window PCR/l at BARNSTABLE (28) ip -ROPERTY ADDRESS I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CSTATE LASS I PCS I NBHD KEY NO. 0353 SCUDDER+AVENUE 07 RB 400 07HY: 10/30/92. 1011 00 55CC R288 '115. :192124. LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T Lane By/Date size Dimension Y UNIT ADJ'D.UNIT ACRES/UNITS VALUE Deanripbpn W I L L I AM S O N� J O H N•P 8 E U N I C E MAP- , CD. FF-Deth/Awes LOC./VR.SPEC.CLASS ADJ. COND. P PRICE PRICE #LgND 1 - 26 600 . CARDS IN ACCOUNT - L - 10.18LOG.SIT_1 . XI .1 10c 328 44999.9 : i47599.9 .18 26600 #BLDG(S)-CARDT1 :1 . 63:700 01- of 01 A #PL-353 SCUDDER".AVE . N BATHS 3.0.: U X E= 100 , 9208_5 9208.50:. 1_00 9200 8 #DLILOT ,-66 ARKET �76900 D BRR<REC-RMr. S X C=' 100 ; 8.9 8_90 : 576 5100 .8 #RR"1440 :0075• .11356 0059 INCOME: FIR€PLACE< U X . C 100 :' 3069.5 3069.50 , `1.00 3100. 8 #SR•REDYO061LANE ' 'USE " A BMT: .GARAGE , U X 2 .C= 100 •3100.0 •4030.00 : °1.00 • 4000 B APPRAISED`VALUE D I A 90.300 ' A J PARCEL-SUMMARY . T U AND 26600 A S BLOGS ,;, '63700 T . M GIMPS F E TOTAL,. 90300 ° CNST E N - DEED REFERENC Tyve•. DATE Recorded 'P R I OR;.YEAR t..V A L'U E A T Book Page Incl. MO. Vr.p Sales Prim ,AND '26600 T S 1342/630, DO/00 LDES `6370C U TOTAL 90300 I 1 R _ I E BUILDING PERMIT' S ..Numbers- Date Type 'Amount - - LAND= (LAND=ADJ : INC ME SE SP-BEDS FEATURES BLD.rADJS 'UNITS 26600, 21400, Class Const Total Base Rate Ad.Rate- Veer Built' -A a Norm. Obsv. { Units Units 1 A I g Dept. Cone. CND. Loc. %R.G. Repl,Cost New Aej:Rapt.Value Stpries. Helght vRooms i .Rms Baths '.If�.: Partywall Fae.' 01C<= O00.7 100s100;' '56 ;85., 56.85 W',75''•16i84. ... 85• 69 . 92349.' 63700�11011, 8f`: 4%3_0212.0 Descripuon" Rate Square Feet Rep1.Cost- MKT.INDEX: s 1 00 IMP.BY/DATE: -ML'(1 2/$8 SCALE: 1/00.93 - ELEMENTS • CODE CONSTRUCTION DETAIL S BAS100 56_85 1248 70949 . STYLE 0:0T 48- -r --- DESTGR EXTER=GAYCS --T �6 SFfiIRGLFS-,- ��a i'- ! HEAT/ACrTYPE,++ -07 A5-FHDTB-OATFR,Z, 1T.-0 ! s IHTERrFTNISI,r -04 l7YiiALl - -----U50 r IRTEWIL-ATOOTtf-t2 VER 7N6RMA7.. --'U:0 ! ! INT-ERiQVKETY 702 -AWE AT-_EXTFR,7- .-U:0 q :26`. BASE r s26"1 FLa6R'STR`OCT. .'02 lf-J0I3T78E1�M-- 0.-0 L Y! 7E FLU_(YV CUVER ,'' -04 AR-P..ET -D ! E Total Areas Au _.: '1248 !' ' :RDaF-fTYFE• ._ -01 Base.. _ BUILDING DIMENSIONS. �... ELFCT R1_CAE T 01 YERA8-E--; A BAS';Y48 AN26-:E48, S261"=_ • - - - FDUND ATTAR 02 T3N[RETE:^B1.iFCR ITT:9 --- liY ; L° z C 3SC REI6HBOR ODY' ARNTS"., , X. ; /z!E'AND :,TOTALt 'MARKET PAR CE0 '26600 90300< } 1 _ „Yrt.' s G - ......- s.. ti •Y`-` ( Y V.4•, G`lY'�i`YRt'IIgT�'•1G +Oi.r..yer Y+C �Y li 1 r�, �, ` • ' . • ,•,.. -.. :•, }� 'q. tit` #� .3 li•!• ,_ 2 5 T •t k 1~ i+.S •,,..., ., Sty � l�� NDA P� •4 �;c;: f � � AR 4027 k� .. r,'„• - : .x< : ,, _..��'', ,i.: ' '..',°r TA t R _.,'. eT. "" - j •''.a f�j _-TOPOGRAPHY:+I LEVELT ar *'>,•TOPO6RAPHY.?,-* f�; + rt.r:(lTILTTIESa ;2`sPUB YATER..�, UT1L' T �: �'ti= W-"'»�t' - -.._ ,: ._ .-. , - ,-i<.:•. I IES 46.AS, r� +. UTIL'IT3ES °.6 .SEPTIC L+`S.T;;FE'AT.URES1cP.AYED �c � :=ST.rFEATURE6':: -. Wi :. ��_r,� ..Y ,- ,.. .,a. . ,.,. ., a , :. .. .r._ EYALK +�..S..T1FEA UR 4._ 7 ., ev. s _ - _ SIQ•. .. ,.,.. E > {.St.,:.tCONDs� ,r : xr <r a.L e' i. ...s....,'r,.*'t. re,..., . «. _.sfi x •,':8 <. y:. �'.:.._,. e.. •-. .• „r,•.a ar., -.M r., �•:.�w'° .::�-..��._ DYELL LaC.-.2 MIDDlEEr LOCATION..TM. �. .� *:AMENITIES _ p, ,« *p. .n;a h..* :b u2r . . s � 4 « A NITIES _ y_ NUISANCES NUISANCES *- t. _. s..H .y._ ,. r.. ; r.wr.. rt. tc. ic,. .: „r -,....;_. # -x>; * s -+rr �,u * -*.:. -�•+';.1; �+.-�., -,i. Fir # ;.i.,cu:A' s� '•l..r. . «..: t._ - .< ...'.. �r._..-Mx.�..:s�..,.�..,,... � ,��.;,u�: � A,�a.�'�la.. � �,+.t, ' .ti"•• , _..-.-".-...:.�..;:..- ..-�� ...r..:�• � ..... ti........ _ , .. *.'-.:i.!' ".^•e-.�>..... ,e:;... `.t..... YFue:.c'I&".: ',Jn3 R288 115. L000353 SCUDDER AVENUE CTY07 TDS 400 HY KEY 192124 ----MAILING ADDRESS------- - PCA1011 PCSOO YROO PARENT WILLIAMSON, JOHN P & EUNICE MAP AREA55CC JV420226 MTG000() 870 GAY ST BPI SP2 sp:*D UT 1. UT2 . 18 SO FT 1248 WESTWOOD MA 02090 AYB1951 EYB1975 OBS CONST 0000 LAND 26600 imp 63700 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 90300 REA CLASSIFIED #LANI) 1 26, 600 ASO LND 26600 ASO IMP 63700 ASO OTH #BLDG(S) -CARD-1 1 63, 700 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL 353 SCUDDER AVE TAX EXEMPT #DL LOT 66, RESIDENT"L 90300 90300 90300 #RR 1440 0075 1356 0059 OPEN SPACE #SR REDWOOD LANE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE00/00 PRICE ORB1342/630 AFD LAST ACTIVITY05/21/91 PCRY RCV F Window PCR/i at BARNSTABLE (28) 1p �' �- a - s -.,� i i s i WAM offl/Sli�-4 olp 27,� / /jamW-- i PRIM PRO ME i 96 b3:46 WYLT_E,LIPMAM FREEMAN P.9 October 9, 19:96 Peter L. Freeman, Esquire LIPMAN, DRUMMOND & FREEMAN 3180 Main street, P. 0. Boa: 576 Barnstable, MA 02630 Re: John and Eunice Williamson 353 Scudder Avenue, Hyannis, MA Dear Mr, Freemans The premises at 353 Scudder Avenue, Hyannis, MA are located ,in a single family residential zoning district (RB) . The files ,apt our . offices do not show any record of the premises being permitted for other than a single family residence. Therefore, the basement unit appears to be illegal under the Barnstable Zoning Ordinance, and there should only be one residential unit on the first fluor of this dwelling. It is my understanding that only one unit on the fires floor is presently occupied (by Joan Burke) . If you do not obtain relief from the Zoning Board of Appeals, you will have to eliminate the basement apartment and have only one unit on the first floor, 'so. that the premises will be a. single family dwelling. Very truly yours, RALPH M. CROSSER Building Inspector i Property Location: 353 SCUDDER AVE HY MAP ID: 288/ 115/// Other ID: Bldg#: 1 % Card 1 of 1 Print Date:02/12/1999 Element Cd. Ch. Description r-onunercial Va te nis Style/ type H Ranch Element Cd. Ch. Description Model H Residential Heat&AC Grade )C C Frame Type BAS 48 Stories 1 1 Story Baths/Plumbing UBM ccupancy A Ceiling/Wall Rooms/Prtns Exterior Wall 1 14 Wood Shingle %Common Wall 2 Wall Height Roof Structure 03 Gable/Hip Roof Cover 03 Asph/F GIs/Cmp Interior Wall 1 05 Drywall 2 Element Code Vescription tactor 26 Interior Floor 1 14 Carpet co—mplex 2 Floor Adg* Unit Location eating Fuel )3 Gas Heating Type )5 Hot Water Number of Units AC Type )i None Number of Levels. %Ownership Bedrooms 4 Bedrooms Bathrooms 3 3 Bathrooms RAP, 30 3 Full UiRidj.Base Kate 48M Total Rooms 8 8 Rooms ize Adj.Factor 1.11716 Grade(Q)Index 1.07 ath Type Adj.Base Rate 57.38 Kitchen Style Bldg.Value New 85,955 Year Built 1951 Eff.Year Built 1970 rml Physcl Dep 27 Funcril Obslnc 0 Econ Obslnc 0 Cond.Code Code Description Perc I en pec on % 1040 1wovarmly 1UU Overall%Cond. .73 Deprec.Bldg Value 2,700 "lux "'s Code Description LIB Units Unit Price Yr. Dp Rt VoCnd Apr. Value -URR-Bsmt Rec Room --B----57�-----—5W_T970- --rN- FPL1 Fireplace 1Sty B 1 3,000.0( 1970 1 100 2,20( BGAR Bsmt Garage B 1 4,000.0( 1970 1 100 2,90( "'5 S -u J, Code Description LivingArea UrossArea Eff.Area Unit Cost Undeprec. Value --BA-S-F[r-sTFFo or 1,ZQ T;24�------r,24�---57-A 71,6 UBM Basement,Unfinished 0 1,24S 250 11.49 14,34� 01. Gr—osLsLivILeaseArea I,Z4� 2,49� 1,49�Bldg- VJ: 85'95� FRANCIS J. FEDELE MORTGAGE INSPECTION PLAN ENGINEER — SURVEYOR This plan was not based on on 63 WOODRIDGE ROAD Inst ument survey, andis to be EAST SANDWICH, MA.02617, use for mortgage purposes only. PHONE 0 (617)888-6595 DATE � S-/�-87 SCALE: �• 1 certify that this building is located approximately as shown and conformed to the zoning bylaws of the town /*% of RARn,sTAAl F(HYANNi o SPOR7� when constructed and js not located In a flood hazard zone. 3 0 4(excevT As NOTEo SCLOW " OIdE B 20(IOOy CAR-$OOYEAQ FLOOD) C Deed a Plan Reference _ BARNSTARLE 0 County Reg. of Deeds Z 06 Book / Page _Ann 1212 N m Pion Book / Page 0 o a 0 o • v A � H �pM LOT 67 LOT 1 ra J �• _ n W 98.33 I 0 0 W000tu S-twxftwAY I C - APPEARS ENGRonGH 1— LOT 66 • ON TnWN SETOACIC RFO�s - -Z �s ,,87SS.F, a• LOT 2 cOR RCAI% LOT LINE. RL / a �e9 wcb0 Cb i O I° CU 1 OD I` -P I `I 2�0 06 I � �. 9? �y Ap Cl"it-1 .�:.ti D S till 4v,O5EPH D. DALuz , rELEPHONEt 77D•1120 la Building Commissioner EXT. 107 TOWN OF BARNSTABLE- BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 September 6, 1983 Mr. John Williamson 29 Beechwood Road Centerville, MA 02632 RE: p '289 Scudder Avenue;Hyannis A=2887_115-,,;�_ Dear Mr. Williamson: As you know, the Town of Barnstable .has recently completed revaluation within the Town. Your dwelling located at the above address and.built in 1951 consisted of three (3) units with .eight (8) roans, .three (3) baths, four (4) bedrooms and two (2) additional fixtures. . Apparently a basement apartment was added in recent years. Unless .you_can produce permit authori— zation for the basement apartment, it would appear that a .zoning violation exists. I am, therefore, requesting this verification within ten (10) working days and permission for .an inspection of the premises.. May I also .notify you that you are personally responsible for the ,occupants of the basement apartment in case of any emergency. Peace, os h D. DaLuz�7F Building Commissioner JDD/gr cc: Town Counsel Board of Selectmen Certified mail P 478 764 858 R.R.R. A 1 Hillside Park Westwood, MA 02090 October 189 1983 Mr, Joseph D. DaLuz, Building Commission Town of Barnstable Town Office Building Hyannis, MA 02601 Re: 289 Scudder Ave. , Hyannis, MA Dear Mr. DaLuze . As you requested during our discussion at your office on Sept. 20, 1983, I have had the necessary work completed to replace the basement bedroom window on subject property with a larger one which provides, when fully open, a clear air space measuring 29J x 23 inches. Very trul yours, J P. Wi lliamsonon n a 39fi i* di6p!ote Itarns 1, 2, 3,and 4.4—ti 3 Add your address in the "RETURN TO" w space on romse. w —• (CONSULT i3MTMASTE3 FOR FEES) c` 1. The toitowing service Is requested(check one). ❑ Show to whom and date delivered............... a 13 Show to whom,date,and address of delivery... s 2. ❑ RESTRICTED DELIVERY........................... (The restricted deffmry toe is charged to addition to the return rocelpt lee.) TOTAL $ 3. ARTICLE ADDRESSED TO: Mr. John Williamson 29 Beechwood Road . 4. TYPE OF ARK-tPPMAGER ❑REGISTERED El INSURED 1 1 1 t ❑CERTIFIED ❑COD 478 764 858 ❑EXPRESS MAIL (Always a stain signature of addresses or agent) I have received the article described above. SIGNATURE f❑ ddr ssee ❑Authorized agent DATE OF`OELIV Y POSTMARK (may be an rgyQfag sldol 6. ADORES EE'S AlIbRESS(Only it rqueshtdi C c z 7. UNABLE TO DELIVER BECAUSE: 7a. EMPLOYEE'S nINITIALS e GPO,1692.3794M i UNITED STATES POSTAL S�P,, k - OFFICIAL BUSINESS I SENDER INSTRuvno j -- i Print y me our name,address,and ZIP Code In the s psl�betars. "_,. _ —LLS.MAIL. _. •Complete Items 1,2,3.and b on thee{ev!ra. •Attach to hot of article M space pmmlb; -6l!v® s. otherwise aft to back of article. I •Endorse article"RoWn Rocalpt Requested" PENALTY FOR PRIVATE I •adjacent to number. USE.$M I I ` RETURN TO Mr. Joseph DaLuz, Building Commissioner (Name-oi Sender) Town of Barnstable r 162 mn4n Street (Street or P.O. Bob Hyannis, MA 02601 (City,State,and ZIP Code) �. . JOSEPH D. DALuZ TELEPHONE: 775-1120 Building Commissioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 September 6, 1983 Mr. John Williamson 29 Beechwood Road Centerville, MA 02632 RE: 289 Scudder Avenue, Hyannis _ A=288-115 Y Dear Mr. Williamson: As you know, the Town of Barristable .has recently completed revaluation within the Town. Your dwelling located at the above address and.built in 1951 consisted of three (3) units •with :eight .(8) rooms, ..three (3) baths, four (4) bedrooms and two (2) additional .,fxtures. . Apparently a basement apartment was added in recent years. Unless .you _can produce permit authori-. zation for the basement apartment, 'it would appear that a zoning violation exists. I am, therefore, requesting this verification within ten (10) working days and permission for .an inspection of the premises.. May I also .notify you that you are personally responsible for the occupants of the basement apartment in case of any emergency. Peace, 0osphD. DaLuz P Building Commissioner ► JDD/gr cc: Town Counsel Board of Selectmen Certified mail P 478 764 858 R.R.R. September 6. 1983 Mr. John Williamson 29 Beechwood Road Centerville, MA 02632 RE: 289 Scudder Avenue, Hyannis A=288-115 Dear Mr. Williamson: As you know, the Tmm of Barnstable has recently coxmpleded revaluation within the Town. Your dwelling located at the above address and built in 1951 consisted of three (3) units with eight (8) roomis, .three (3) baths, 4 four (4) bedrooms and two (2) additional fixtures. Apparently a basement apartment was added in recent years. Unless you can produce permit authori zation.for the basement apartment, it would appear that a zoning violation exists. I am, therefore, requesting this verification within ten (10) mrking days and permission for an inspection of the premises.. May I also notify you that you are personally responsible for the occupants cf the basement apartment in case of any emergency. Peace, Joseph D. DaLuz Building Commissioner JDD/gr cc: Town Counsel Board of Selectmen Certified mail P 478 764 858 R.R.R,. f QUERY PROPERTY: QUERY END QUERY PROPERTY I PENTAMATION----------------------------------------------------------- 01/30/02 PARCEL ID 288 115 GEO ID 19212 LOT/BLOCK 66 DBA PROPERTY ADDRESS OWNER WILLIAMSON 353 SCUDDER AVENUE JOHN P & EUNICE 566 COMMONWEALTH AVE HYANNIS APT 606 BOSTON MA 02215 PHONE DISTRICT HY DEVELOPMENT STATUS C ASSESSOR'S CODE CAPACITY(NOTES) ZONING DIST/ZOC RB SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? # BEDROOMS . ZBA DECISION FAMILY APT LOT SIZE 7840. 8 OPER/MGR NAME WET LANDS MULT ADDRESS USE 101 PROTECT DIST WP (N) EXT / (P) REVIOUS / NO (T) ES / PER(M) ITS / (V) IOLATIONS / (G) EOBASE / (E)XIT Department of Health, Safety /4/ and Environmental Services N � � of1HE * BARNSTABLE, 9Q MASS. v 1639• 10� ArED MAC A BUILDING DIVISION BY: RESIDENTIAL PROPERTY `NO. LOT NO. FIRE DISTRICT - pppp STREET Scudder Ave'* Hyannisport SUMMARY ZUU Z�.S �l l ,> i!; H LAND / D O r� 0) BLDGS. I / 4 0 OWNER riJ �_cc.�Gl -C /xGG`r./�.f c_.._ TOTAL a Lf 0915-Q - LAND #; RECORD OF TRANSFER DATE BK PG I.R.s. REMARKS: D.L. #66 BLDGS. B TOTAL 1 ZS d LAN D r` Williamson; John P. d Eunice-R.. _. 10-18-77 2600 212 ($41,0 BLDGS. 0) TOTAL LAND - � BLDGS. 91 „- TOTAL LAND BLDGS. TOTAL f , LAND m BLDGS. TOTAL LAND BLDGS. 0) TOTAL � LAND I BLDGS. INTERIOR INSPECTED: 0) TOTAL ,.DATE:- y//. x � � —b C LAND ACREAGE COMPUTATIONS BLDGS. ^'CAN1)TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HOUSE,LOT ;� y390 ZDa6 S/S O LAND "'CLEARED`FRONT., BLDGS. REAR TOTAL ' WOODS&SPROUT FRONT LAND REAR BLDGS. WASTE FRONT TOTAL REAR LAND BLDGS. y TOTAL d LAND -+ BLDGS. 0) LOT COMPUTATIONS LAND FACTORS TOTAL . j`,:aFRONT'F, DEPTH STREET PRICE DEPTH % FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND '' � ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL "'• :.r?t, t,, LOW DIRT RD. LAND S •' SWAMPY NO RD. BLDGS. TOTA4 SLOG. COST - - - - -Sonc.Blk.Walls Bsmt.Rec. Room St. Shower Bat Conc.Slab : Bsmt.Garage St Ext. PORCH. DATE . Shower Walls PURCH. PRICE ©�/96 ./8`d� . Brick Walls Attic Ff.&Stairs Toilet Room Roof RENT St'one Walls 'a Fin.Attic G Two Fixt. Bath 30 j n /P•J,p Floors -' / rJ { Piers (` INTERIOR FINISH Lavatory Extra Bsmt. F T 2 3 Sink ✓ t` D [ 2 •�/s r/2 r/ Plaster Water Clo. Extra Attie — ' EXTERIOR WALLS Knotty Pine Water Only f jlltJ' r ' ;Double Siding Plywood , No Plumbing Bsmt. Fin. 'Single Siding Plasterboard Int.Fin. f� •3 y I(JDr?dShingles TILING GD.vG f �� Conc.Blk. G F P Bath FI. 91'W tc i L Heat ]Face Brk.On Int.Layout 4f— Bath I99&Wains. Auto Ht.Unit .Gi Veneer Int.Cond. Bath FI. &Walls Fireplace , Com.Brk.On HEATING Toilet Rm. FI.Solid Com.`Brk. Hot Air plumbing c' Toilet Rm.FI.&Wains. Tiling 7 p _ Steam Toilet Rm.Fl.&Walls Blanket Ins: Hot Water St.Shower Roof Ins.-" Air Cond. Tub Area Total Floor Furn. ROOFING' 3,h Ott)en.) COMPUTATIONS Asph.Shingle Pipeless Furn. S. F. J Wood Shingle No Heat S. F. 'Asbs..Shingle Oil Burner S.F. Slate Coal Stoker S. F. Tile Gas ROOF TYPE Electric S. F. OUTBUILDINGS Gable . Flat S• F. 1 2 3 4 5 6 7 8 9 1101 1 2 1 3 1 4 1 5 1 6 7 81 9 10 MEASURE Hip Mansard FIREPLACES S. F. Pier Found. Floor 6- Gambrel Fireplace Stack Wall Found. 0. H.Door 4. . FLOID Fireplace Sgle.Sd . LISTED g Roll Roofing Conc. LIGHTING Earth No Elect. Dbfe.Sdg. Shingle Roof Pine Shingle Walls Plumbing DATE Hardwood ROOMS Cement Blk. Electric Asph.Tile Esmt. 1st L 4 13 TOTAL / Brick Int. Finish PRICED Single 2nd 3rd FACTOR ..--25, 7.S— _Q6 I REPLACEMENT a 3 �'7d.L OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. CONO. REPL.-VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. DWLG. S t 1 i m .1 z3 7 6 ;z, 9 Od _2 - . F ,3 q :5 ^6 —7 g 9 .to.- - ;. +r, TOTAL 4„ i. . Ile [ ] [R288 093. ] LOC]0365 SCUDDER AVENUE CTY]07 TDS] 400 HY KEY] 191919 ----MAILING ADDRESS------- PCA] 1041 PCS]00 YR]00 PARENT] 0 WILLIAMSON, JOHN P MAP] AREA]55CC JV1420217 MTG]0000 WILLIAMSON, EUNICE R SP1] SP2] SP31 870 GAY ST UT1] UT2] .22 SQ FT] 1350 WESTWOOD MA 02090 AYB] 1950 EYB] 1975 OBS] CONST] 0000 LAND 27400 IMP 58300 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 85700 REA CLASSIFIED #LAND 1 27,400 ASD LND 27400 ASD IMP 58300 ASD OTH #BLDG(S)-CARD-1 1 58,300 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL 365 SCUDDER AVE TAX EXEMPT #DL LOT 2 RESIDENT'L 85700 85700 85700 #RR 1440 0088 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE]00/00 PRICE] ORB12600/211 AFD] LAST ACTIVITY]09/02/92 PCR]Y f� �� _�� ��rty '-.`-'�- `"' t '�I PROPERTY ADDRESS I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CLASS I PCS I NBHD KEY NO. 0365- SCUDDERsAVENUE 07 RB 400 07HY. 10130192_-1041 00"` 55Ct R288 093. 1419i9 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T _ Land By/Dale Size D�mens'on Y UNIT ADJ'D.UNIT gCRES/UNITS VALUE Description WILLIAMSON. JOHN; P MAP— CD. FF-Dem/Acras LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE #LAND 1 27 400 CARDS IN ACCOUNT —10. 18LD6.SIT.1 Xs .2 =10 277 44999.9 '124649t98 .22 27400. #16ILDG(S)--CARD-1 11- 58,300 01 OF A " #PL'365 SCUDDER AVE N BATHS 2.0 U X C= 100 6139.00 61 39.00 , 1:00 ` 6100 8 #D,L I LOT .2 MARKET 74100 p tkV 1440 i0088 INCOME A USE D APPRAISED -.VALUE D J A r 85700 A U PARCEL�SUMMARY ' T s ,AND 27400. - A S T BLDES 58300 M 0=IMPS :TOTAL. `85700 - F E NoCNST E N DEED REFERENC Type DATE Recorded -PRIOR.' YEAR ?V A L U E A S Book Page Inst. Mo. Yr.D Sees Prim :LAND 27400 , T 2600/211,4 O0/00, BLDGS 458300 - U :TOTAL ' 85700 ' R 1 1 E BUILDING PERMIT S Number Date Tt`Pe Amount LAND : LAND-ADJ::- `INC ME ` SE - SP-BLDS FEATURES:' BLD-ADJS UNITS 27400 6100 Class Const. Total - Year Built Norm: Obsv. Units ,Units- Base Rate Atlj.Rate•, A f .Aga Dept. Contl. CND. Loc. %R.G.] Rapt.Cost New Adj.Rep1.Value Slone.. Heigh Rooms: R.d Bettie I 1 fla. Partywall Fac., — 02C 000 . 100,100 t ,58 05 58.05 50.75'16 .84 85- 69� 84468 58300s1.0 7 • - 3,2 '0 8X0 Description Rate Square Feet Repl.Cost MKT.INDEX: 1 00 IMP.BY/DATE: ML:1 2/88 SCALE: -1 0 0 90.. ELEMENTS CODE CONSTRUCTION DETAIL S BAS 1 100, 58_05- A350 F `78368: j r * :-- -- - ,50- -----. -* ..' STYLE 03 ANCH 0.0 DESTGN._AISJMT -00 -_-" ---------U:O J EXTFR:VA-CCS-- , T1 vOFV SIfINGL�"S- U 0 ! _ RE`ATLAC-?TYPE -09 TLTHDT:STATER---U O . � T _. INTFR=FTNISTi . -OS ..tf(STE-f�_„ J ! INTFR-LAYOUT :12 YER.7NURMALt•,` U:0 3 ! INTER QVNETY -02 WKE rA�-EXTFK U:0 4 27* BASE s 27, Fti)UR STAOCT t -02 lf: JOI�7rBEI�M 0:0 D3 Y,. • ' ! ..E F tU1TR•'VOYE R - -04 7iKP E T -- E Total Areas Aux. Be.*. '-'1350. - ' ! RDfiF='TYPE" -01 AHCE 7CSPH 3W U."0 . BUILDING DIMENSIONS, '- a ! - ELFCT.RIT/CE - 01 llERABF -----"U=0 AT SAS,Y50;N27 _ESO,S27'<_. ! - ;FDUNDATTQN'--- -01 .WRED.;.-CONL': --- .-9. � , t ! --- - -- ---- L THB D 35Ct xvARNrS-" " --- — — - D, TOTAL.I°pMARKET ~ NEI OR 0 PARCEL 27400 85700 ' ,AREV a 4027 z ~VAR'I'AMC EK raL ""TMt.tO —4 20 2 8 " a' :STANDARD .t25 e f 1t} ? ..'1 -r S -� m r;�.'T. '• 'y .a,,. f _ "t-Ti ':�':: a .�:f rz... _ M,. •.. 3im-.TOP.,OGRAPHY".1�LEVEE. +),TOPOGRAPHY it r �t UTILITIES yf2'PUB' PATER * +�'UTILIT " $" *`' -IES 4 -GAS �, UTICIT3ES X 6SEPTIC ST FEATURE 1 .'PA,VED t... .*' ST-"a`FEAT"URE '.6. SIOE * ,► .,._ tk�,, ~ .,, . WALK,,'. . .•:ST.,FEATURE •:, ..' gT.,WtOND 4 .41 ,. w*,' tx� z* lQ`t nwa ; ;. z r - ,'-... #x - dx" .;;: tTRAFF,I.Cx_ »*.=1x::.LI6HT:~ y • .,. w,, ;. LLe DYELL£LOC. 2;MIDDLE. *..! OCATLON *;>AMEMITIES , '= ,a :, *zAMENITIES =� '�` - _ - z NUISANCES :� NUISANC ES 4 * r * _ t - x . t f� R288 093. AP P RA I SAL DATA KEY 191919 WILLIAMSON, JOHN P LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RB 30,500 62,400 . 1 A-COST 92,900 B-MKT 74, 100 BY 00/ BY ML 12/88 C-INCOME PCA=1041 PCS=00 SIZE= 1350 JUST-VAL 92,900 LEV=400 CONST-C 0 ----COMPARISON TO CONTROL AREA 55CC ----------------------------- NEIGHBORHOOD 55CC HYANNIS PARCEL CONTROL AREA TREND STANDARD 10] 10 LAND-TYPE 305001 LAND-MEAN +0% 92900] 78256 IMPROVED-MEAN -20% 25% ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 100%] LOCATION-ADJ APPLY-VAL-STAT 1 LNR]LAND LFT/IMP]ADJS/SB/FEAT STR]STRUCTURE ARR]AREA-MEASUREMENTS NOR]NOTES COM]MARKET INC]INCOME PMR]PERMITS GRR]GRAPHIC FUNCTION-[ ] STRUCTURE-CARD NO-[000] DATA-[ ] XMT[?] R288 093. P E R M I T [PMT] ACTION[R] CARD[000] KEY 191919 00000000] PERMIT-NO MO YR TYPE VALUE CK-BY MO YR %CMP NEW/DEMO COMMENT [ ] [ J [ ] [ J J [ J [ l [ l [ l [ l [ ] [ ] [ J [ ] [ ] ] [ ] [ ] [ ] [ ] [ ] [ ] [?] __ __ �--- `. 1 ; 1 | 4\\\\ . � . «e{ �� . . . , aw., l (O ....... .... -Ski Z/Y AS3 c e I ,c �-- xo- e�ar� I rl- ce Keen 0W F,-- -. Alf ['L _ a� tK 2 jrjj e�ress pfi �y