HomeMy WebLinkAbout0005 SNOW CREEK DRIVE - Amnesty & MULTI-FAMILY 5 SNOW CREEK DR I ViE o
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�t Town of Barnstable
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Building Department - 200 Main Street
t BARNSTABLE, * Hyannis, MA 02601
MASS
(508) 862-4038
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Certificate of Occupancy
Application Number: 200700714 CO Number: 20070041
Parcel ID: 307229 CO Issue Date: 03/06107
Location: 5 SNOW CREEK DRIVE Zoning Classification: RESIDENCE B DISTRICT
Proposed Use: SINGLE FAMILY HOME
Village: HYANNIS
Gen Contractor: PROPERTY OWNER Permit Type: RC00
CERTIFICATE OF OCCUPANCY RES
Comments: AMNESTY APARTMENT ISSUED TO EDMUND & HELEN HUSSEY
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Building Department Signature Date Signed
<�r
'tHETn,.� TOWN OF BARNSTABLE Building
Application Ref: 200700714 BARNSTASLE, Issue Date: 02/27/07 Perm It
9 MASS.
�ArFD 3 . a�� Applicant: HUSSEY,EDMUND J& Permit Number: B 20070364
Proposed Use:
P SINGLE FAMILY HOME Expiration Date: 08/27/07
Location 5 SNOW CREEK DRIVE Zoning District RB Permit Type: AMNESTY APT NO CONSTRUCT RES
Ma Parcel 307229 Permit Fee 25.00 Contractor PROPERTY OWNER
p $
Village HYANNIS App Fee$ License Num
Est Construction Cost$ 0
Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND
EXISTING STUDIO APT,ATTACHED,NO CONSTRUCTION THIS CARD MUST BE KEPT POSTED UNTIL FINAL
INSPECTION HAS BEEN MADE. WHERE A
CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH
Owner on Record: HUSSEY, EDMUND 18T BUILDING SHALL NOT B CCUPIED UNTIL A FINAL
Address: 5 SNOW CREEK DR INSPECTION HAS BEE E.
HYANNIS,MA 02601
Application Entered by: LB Building Permit Issued By:
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREETALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OVERMANENTLY.
ENCROACHEMENTS ON PUBLIC-PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.
STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.
THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS„OF ANY APPLICABLE SUBDIVISIONRESTRICTIONS.
MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTTTRUCTION 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).
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BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
1 1 1
2 2 2
3 1 Heating Inspection Approvals Engineering Dept
Fire Dept 2 Board of Health
Town of Barnstable
Building Department - 200 Main Street
BARNSTABLE, * Hyannis, MA 02601
9 MASS. (508) 862-4038
4D i639.
ArFO MA'S A
Certificate of Occupancy
Application Number: 200700714 CO Number: 20070041
Parcel ID: 307229 CO Issue Date: 03106/07
Location: 5 SNOW CREEK DRIVE Zoning Classification: RESIDENCE B DISTRICT
Proposed Use: SINGLE FAMILY HOME
Villager HYANNIS
Gen Contractor: PROPERTY OWNER Permit Type: RC00
CERTIFICATE OF OCCUPANCY RES
Comments: AMNESTY APARTMENT ISSUED TO EDMUND & HELEN HUSSEY
J2 A,
Building Department Signatu Date Signed
DIME TOWN OF BARNSTABLE Building.
Application Ref: 200700714
BAIW"ABLE, Issue Date: 02/27/07 Permit
y MASS.
�Ar16 339. s Applicant: HUSSEY,EDMUND J& "Permit Number: B 20070364
Proposed Use: SINGLE FAMILY HOME Expiration Date: 08/27/07
Location 5 SNOW CREEK DRIVE Zoning District RB Permit Type: AMNESTY APT NO CONSTRUCT RES
Map Parcel 307229 Permit Fee$ 25.00 Contractor PROPERTY OWNER
Village HYANNIS App Fee$ License Num
Est Construction Cost$ 0
Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND
EXISTING STUDIO APT,ATTACHED,NO CONSTRUCTION THIS CARD MUST BE KEPT POSTED UNTIL FINAL
INSPECTION HAS BEEN MADE. WHERE A
CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH
Owner on Record: HUSSEY, EDMUND I at BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL
Address: 5 SNOW CREEK DR INSPECTION HAS BEEN E.
HYANNIS,MA 02601
Application Entered by: LB Building Permit Issued By:
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET;ALLY OR SIDEWALK OR ANY.PART THEREOF,EI,'PHER:TEMPORAFJLY Oi$ERMANENTLY.
ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY.THE JURISDICTION.
STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC'SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.
THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK:
1.FOUNDATION OR FOOTINGS.
2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED.
3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION.
4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH).
5.INSULATION.
6.FINAL INSPECTION BEFORE OCCUPANCY.
WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS.
WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION.
PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF
DATE THE PERMIT IS ISSUED AS NOTED ABOVE.
PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A).
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BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
1 1 1
2 2 2
3 1 Heating Inspection Approvals Engineering Dept
Fire Dept 2 Board of Health
e r Amnesty Program
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w .` .i , - Certificate of COml�lance, -
This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code
"i. and Town of Barnstable zoning ordinances in accordance with the Amnesty program..
Owner Edmund J. Hussey& Helen F. Hussey
Location;
_ 5 Snow.Creek Drive, Hyannis, lVlA
Unit Capacity.. dio t to exceed one person
Inspector
2
M/P No. 307-2 9
3/6/200T
lye. ...
Town of Barnstable
BARNSTABLB. : Regulatory Services
9 MASS.
1639• $
ArF%639 Thomas F. Geiler,Director
Building Division
Tom Perry Building Commissioner
200 Main Street, Hyannis, MA 02601
Office: 508-862-4038 Fax: 508-790-6230
MEMORANDUM
TO: Madeline Taylor
FROM: Lois Barry
DATE: 3/7/07
RE: AMNESTY CERTIFICATE
Here is the Amnesty Certificate of Compliance (original for applicant
and copy for your records) for:
5 Snow Creek Drive, Hyannis
J030623a
i
:. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map 307 Parcel Z Z / Application# ,7o 0 = o,O 7
Health Division
Conservation Division Permit#
Tax Collector Date Issued — 7 �—
Treasurer Application Fee
Planning Dept. Permit Fee
Date Definitive Plan Approved by Planning Board (J�
Historic-OKH Preservation/Hyannis O _
Project Street Address J �� ( � �!�,I� ,D Y EIU
Village
Owner Address1��/
Telephone 7 7 8 — -7 3 0
Permit Request t-0 C OY�V
61
o La a---r f
Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Total new
Zoning District Flood Plain Groundwater Overlay A r
Project Valuation Construction Type
Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation.
Dwelling Type: Single Family Two Family ❑ Multi-Family #units)
Age of Existing Structure Historic House: ❑Yes On Old Kin ' Highway: ❑Y g g � g ses o
Basement Type: Full ❑Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths: Full:existing 2-/ new Half:existing new
Number of Bedrooms: existing 2 new
Total Rogm C9unt(not includi g baths;existing new First/Floor Roro m Count
�� V0/® �AV InC� o7lE rVoY►1 /� "PoeJh cL S%y!/1�/ it 17C°r f�Yew
Heat Type and Fuel: C8'Gas ❑Oil ❑Electric ❑Other
Central Air: ❑Yes U114 Fireplaces Existing / New Existing wood/coal stove: ❑Yes k
Detached garage:0 existing ❑new size Pool:❑existing ❑new size Barn:0 existing ❑newt' size=t
Attached garage: existing ❑new size Shed:❑existing ❑new size Other:
Zoning Board of eals Authorization Appeal# C 00 j �V Recorded
Commercial ❑Yes No If yes,site plan review# - y'
�-
Current Use S 10,4 J e Proposed Use
BUILDER INFORMATION
Name (5 �vy e,-- Telephone Number �O
Address License#
Home Improvement Contractor#
Worker's Compensation#
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE DATE .7 �&��
FOR OFFICIAL USE ONLY '
t
PERMIT NO.
i
XDATE ISSUED
MAP/PARCEL NO.
ADDRESS VILLAGE
OWNER
ti
DATE OF INSPECTION:
aw
FOUNDATION
FRAME
INSULATION
FIREPLACE
ELECTRICAL: ROUGH FINAL '
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL
FINAL BUILDING
z .
j -
DATE CLOSED OUT `
ASSOCIATION PLAN NO.
-- s
Doc : 1s054r712 01-24-2007 10:46
-. BARNSTABLE LAND COURT REGISTRY
BARNsTAB!E
T OVVrs .RK
BARN8rAB1E.'
1611, .,r @06 OEC 21 110 .20
IED Mp'1
Town of Barnstable
Zoning Board of Appeals
Comprehensive Permit Decision and Notice
Appeal 2006-108—Hussey
Decision= Chapter 40B Comprehensive Permit
Applicants: Edmund J. Hussey &Helen F. Hussey
Property Address: 5 Snow Creek Drive, Hyannis, MA
Assessor's Map/Parcel: Map 307,Parcel 229
Zoning: Residential B Zoning District
Applicants:
The applicants are Edmund J. Hussey &Helen F. Hussey,who reside at 5 Snow Creek Drive, Hyannis,
MA. Edmund J. Hussey&Helen F. Hussey were granted title to the property by deed recorded in the
Barnstable Land Court Registry on February 12, 1992 as recorded in document numbered 544,804 and
certificate of title number 125715.
Relief Requested:
Cr
The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the
Commonwealth of Massachusetts,and in accordance with Article II of Chapter Nine of the Code of.the
town of Barnstable,more commonly termed the"Accessory Affordable Apartment Program."
The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9-
14 of the Code—Amnesty Program to permit an accessory apartment unit within a single-family owner-
occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory
affordable apartment attached to the principal residence.
Locus and Background:
The property at issue is a 0.20-acre lot located at 5 Snow Creek Drive in Hyannis.. The lot was developed
in 1960 with a single-family ranch style home. The_:effective=living"area of.the main residence is-+'618 :-,
square feet. The accessory apartment is a studio unit attached to the principal residence.The square
footage of the'rental area is approximately 400 square feet.
The lot is served by public water and public sewer, and is.located within an Aquifer Protection Overlay
District. The Town of Barnstable's Public Health Division reviewed the application, and on November 6,
2006,approved a total of three(3) bedrooms at the property.
Procedural Summary:
A site approval letter was issued for the property by Elizabeth Dillen of the Growth Management
Department on November 6, 2006, in accordance with MGL Chapter 40B and 760 CMR. Notice of the
site approval letter was sent to the Department of Housing and Community Development in accordance
with the requirements of CMR 760. An application for a Comprehensive Permit was then filed at the
Town Clerk's Office and the Office of the Zoning Board of Appeals.
A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the
Barnstable Patriot on November 10, 2006 and November 17, 2006, and notices were sent to all abutters in
accordance with MGL Chapter 40B.
On December 6, 2006 Hearing Officer Gail Nightingale presided over the public hearing.
. The applicant,
Edmund J. Hussey,was present at the hearing. Madeline Taylor of the Growth Management Department
was also present. Ms.Nightingale reviewed the file with the applicant to assure compliance with all of
the program requirements.
Findings of Fact on the Comprehensive Permit:
At the hearing on December 6, 2006 the Hearing Officer made the following findings of fact:
1. The applicants are Edmund J. Hussey and Helen F. Hussey who reside at 5 Snow Creek Drive in
Hyannis, MA. They are requesting a Comprehensive Permit to cconvert_an existing.studio apartment
,attached to.the principal residence into an accessory affordable apartment. The conversion of the unit
to an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies
for the"Accessory Affordable Apartment Program."
2. Edmund J. Hussey&Helen F. Hussey were granted title to the property by deed recorded in the
Barnstable Land Court Registry on February 12, 1992 as recorded in document numbered 544,804 and
certificate of title number 125715.
3. On November 6, 2006 a site approval letter was issued for the property by Elizabeth Dillen of the
Growth Management Department, in accordance with MGL Chapter 40B and 760 CMR. Notice of the
site approval letter was sent to the Department of Housing and Community Development, in
accordance with the requirements of CMR 760, and no issues were communicated from the
Department on this particular application. .
4. The proposed accessory affordable unit is approximately 400 square feet, and is attached to the
principal residence.
5. The applicants are aware that the unit must meet all applicable building codes to be occupied and
that the Building Division and Fire Department will also be inspecting the unit for compliance with all
applicable building and fire codes.
6. The house is served by public water and public sewer and is in an identified Aquifer Protection
Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has
approved a total of three (3)bedrooms at the property.
7. On September 27, 2006 the applicant signed an Accessory Affordable Apartment Program
Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit,to the recording of a
Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds.
That document will restrict the unit in perpetuity as an affordable rental unit and requires that the
dwelling be owner-occupied as his principal residence.
8. The applicants understand that the affordable unit will be rented to a person or family whose income
is 80%or less of the Area Median Income (AMI) of the Barnstable Metropolitan Statistical Area
(MSA) and further agrees that rent(including utilities) shall not exceed 30% of the monthly household
income of a household earning 80% of the median income, adjusted by household size. In the event
that utilities are separately metered, the utility allowance established by the town of Barnstable shall be
deducted from rent level so calculated.
9. According to the Massachusetts Department of Housing and Community Development, as of
December 6, 2006, 6.3% of the town's year round housing stock qualifies as affordable housing units.
The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B
Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan
encourages the use of existing housing to create affordable units and the dispersal of these units
throughout the town.
2
Finding Summary:
Based upon the.findings, the Hearing Officer ruled that the applicant has standing to apply for a
Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment
Program. The proposal is also deemed consistent with local needs because it adequately promotes the
objective of providing affordable housing for the town of Barnstable without jeopardizing the health and
safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. .
Ruling and Conditions:
Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL
Chapter 40B to the applicants, Edmund J. Hussey & Helen F. Hussey. It is issued to allow for a studio
accessory affordable apartment unit in accordance with the following conditions:
l,Qccupancy=of.the affordable unit shall not exceed one person.
2. The total number of bedrooms on the property shall not exceed three (3).
3. The property owner shall occupy the principal dwelling as his principal residence.
4. This unit shall not be occupied by a family member of the owner(s).
5. All parking for the accessory apartment and the main dwelling shall be on-site.
6. To meet the requirements of affordability,the cost of housing (including utilities) shall not exceed
30% of 80%of the median income for a single individual for the Barnstable MSA. In the event that
utilities are separately metered, the utility allowance established by the town of Barnstable shall be
deducted from rent level so calculated.
7. All leases shall have a minimum term of one year.
8. The Growth Management Department shall serve as the monitoring agent for the accessory
apartment.
9. The applicant must apply for a building permit for the accessory unit, whether the unit is new or
pre-existing. Before securing an occupancy permit and certificate of compliance, the Building
Commissioner must determine that the unit conforms with the approved plans as submitted with the
building permit application and meets state building and fire codes. The Health Division must
determine that the dwelling is in compliance with applicable on-site wastewater discharge
requirements.
10. The applicants may select their own tenant provided the tenant meets the requirements of the
program as cited above and provided that person's income is reviewed and approved by the Growth
Management Department of the town of Barnstable as a qualified individual. The applicants will be
required to work with the town to provide information necessary to document that the tenant
qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or
family. Whenever a vacancy occurs,notice must be given to the Growth Management Department
and the unit must be listed with the Town.
3
i
11. Every twelve months the applicants shall review the income eligibility of the individual
occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit, the
applicant shall file with the Growth Management Department of the town of Barnstable an annual
affidavit listing the rent charged and income level of the occupant of the unit. The applicants shall
provide the town any additional information it deems necessary to verify the information provided in
the affidavit. Upon any report from the town that the terms and conditions of this permit are not
- being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a
hearing to show cause as to why this permit should not be revoked.
12. This Comprehensive Permit shall not be transferable to any other person or entity without the
prior approval of the Hearing Officer or Zoning Board of Appeals. This.decision,the Regulatory
Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed
at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the
Growth Management Department of the Town of Barnstable shall be notified within 60 days of the
name and address of the new owner.
13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its
issuance or it shall expire.
Ordered:
Comprehensive Permit 2006-108 has been granted with conditions. A written copy of this decision shall
be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code
Chapter 241, section 11. If after fourteen(14) days from that transmittal the Members of the Zoning
Board of Appeals-takes no action to reverse the decision, this decision shall become final and a copy shall
be the filed in the office of the Town Clerk.
Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL
Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office
of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B,
Section 22.
In accordance with Chapter 214, section 11 of the Town of Barnstable Administrative Code,the hearing
officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals
on December 6, 2006. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board
Member has taken action to reverse the decision.
Gail ightingale,gearing O icer. 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 be filed}- e office of the Town Clerk.
Signed and sealed this day o a 7 sunder the pains and penalties of perjury.
'_ s
Linda Hutchenrider,Town Clerk
4
f. Do•_: 1 r 054 r 713 U 1-24-2007 10=46
BARNSTABLE LAND COURT REGISTRY
REGULATORY AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made
this 2-L day of 007,by and between Edmund J. Hussey&Helen F. Hussey of 5
Snow Creek Drive �d its successors and (
ns assig hereinafter the."Owner" and the TOWN
OF BARNSTABLE (the "Municipality'), a political subdivision of the Commonwealth;
WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter
40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an
owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter
"Designated Affordable Unit"); and
NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree
as follows:
I. PROJECT SCOPE AND DESIGN-
A- The terms of this Agreement and Covenant regulate the property located at 5 Snow Creek Drive,
Hyannis, MA as further described in deed recorded herewith as Barnstable Land Court Registry
document 544,804&certificate of title 125715.
B. The Project located at 5 Snow Creek Drive,Hyannis,MA will consist of one accessory apartment unit
which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable
Unit" or the "Unit").
C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit
Appeal No. 2006-108 and any plans submitted therewith and all applicable state, federal and municipal laws and
regulations. Said permit is recorded herewith as Barnstable Land Court Registry document I '3
(� &certificate of titlei��_I .
D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal
residence in accordance with the terns of the comprehensive permit.
II. THE OWNER'S COVENANT'S AND RESPONSIBILITIES•
A THE OWNER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS:
1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that
__J the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and
"n decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan
Statistical Arep. (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public
v trust.
2: The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of
80% of the Area Median Income (AMI) of Barnstable MSA and that rent (including utilities) shall not exceed an
amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the
event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority
shall be deducted from the rent level.
3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at
least a one-year lease.
4. The Owner has the full legal right,power and authority to execute and deliver this Agreement.
5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has
not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental
body, and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage,
mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not
result in the creation or imposition of any prohibited encumbrance of any nature.
6. The Owner, at the time of execution and delivery of this Agreement,has good,clear marketable title to
the premises.
7. There is no action,suit or proceeding at law or in equity or by or before any governmental
instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting
it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on
business substantially as now conducted (and as now contemplated by this Agreement) or would materially
adversely affect its financial condition.
B. COMPLIANCE
The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of
Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and .
covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of
estate are also deemed to be satisfied in full.
C. LIMITATION ON PROFITS
1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a
household with a maximum income of 80% or less of the Area Median Income (AM) of Barnstable
Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed an amount that is
affordable to a household whose.income is 80% of the median income of Barnstable MSA. In the event that
utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be
deducted from the rent.
Z. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the
Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of
the lease agreement and the rent charged for the unit or units. Such infonnation shall also be forwarded to the
Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner
shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a
tenant has vacated the Designated Affordable Unit.
III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES
1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to
perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household
with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable MSA and that rent
(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the
median income of Barnstable MSA In the event that utilities are separately metered,a utility allowance
established by the Barnstable Housing Authority shall be deducted from the rent.
IV. RECORDING OF AGREEMENT:
Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to
be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of
registered land,file this Agreement and any amendments.hereto with the Registry District of the Barnstable Land
Court (collectively hereinafter the "Registry of Deeds"),and the Owner shall pay all fees and charges incurred in
connection therewith. Upon recording or filling, as applicable,the Owner shall immediately transmit to the
Municipality evidence of such recording or filing including the date and instrument,book and page or registration
number of the Agreement.
2
V. GOVERNING OF AGREEMENT:
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any
amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any
clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof.
VI. NOTICE:
All notices to-be given pursuant to this Agreement shall be in writing and shall be deemed given when
delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the
parties hereto at the addresses set forth below,or to such other place as a parry may from time to time designate
by written notice.
VII. HOLD HARM ESS:
The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any
and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against
Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and
attorney's fees necessitated by such actions.
VIII. ENTIRE UNDERSTANDING:
A- This Agreement shall constitute the entire understanding between the parties and any amendments or
changes hereto must be in writing,executed by the parties, and appended to this document.
B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed
to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these
presents are, granted by the Owner to.run in perpetuity in favor of and be held by the Municipality as any other
permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall
run with the land described in deed recorded herewith as Barnstable Land Court Registry document
544,804 & certificate of title 125715 and shall be binding upon the Owner and all successors in title . This
Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of
the restriction created by this Agreement. The Municipality has determined that the acquiring of such a
restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of
estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the
property described in deed recorded herewith as Barnstable Land Court Registry document 544,804 &
certificate of title 125715.
IX TERM OF AGREEMENT:
The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated
Affordable Unit or Units may voluntarily cancel the granted Corprehensive Permit and the terms and
restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered
into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the
Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the
recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land
Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the
comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use
permitted under zoning and the restrictive covenant shall be rendered void.
3
X. SUCCESSORS AND ASSIGNS:
A. The Parties to this Agreement intend, declare, and covenant on behalf of themselves and any successors
and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive
permit.
B. The Owner intends,declares, and covenants on behalf of itself and its successors and assigns (i) that this
Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running
with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's
successors in title, (ii) are not merelypersonal covenants of the Owner,and (1) shall bind the Owner,its
successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of
the Agreement.
XI. DEFAULT:
If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the
Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send
notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The
Municipality may exercise any remedy available to it. The'Owner will pay all costs and expenses,including legal
fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the
Municipality and the Monitoring-Agent will have alien on the Project to secure payment of such costs and
expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth
the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land
Court for Barnstable County. A purchaser of the Project or anyportion thereof will be liable for the payment of
any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the
Project or portion thereof.
)GL MORTGAGEE CONSENT:
The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to
the execution and recording of this Agreement and to the terms and conditions hereof and that all such
mortgagees have executed consent to this Agreement...___..
IN WITNESS WHEREOF,we hereunto set our hands and seals this L day of 2007.
OWNER
BY:
Signature _
Printed: dmund tqZssey
COMMONWEALTH OF MASSACHUSETTS
County of B tab ss: ^-T-
On tlii , day of 007 before me,the undersigned notary public,personally appeared
the Owner(s� proved to me through satisfactory evidence
o identification,which were ,to be the person(s) whose
name(s) is signed on the preceding or attached doc ent and acknowledged to be that he/she signed it
voluntarily for the stated purposes.
Notary Public
My Commission Expires:
Notary Public
commonwealth of Massachusetts
My commission Expires 4
December 4,2009
IN WITNESS WHEREOF,we hereunto set our hands and seals this day of 2007.
OWNER
BY-
Signature
Printed: Helen F.Hussey
COMMONWEALTH OF MASSACHUSETTS
County of Barnstable ss-
On this day 007 before me,the undersigned notary public,personally appeared
,the Owner(s),proved to me through satisfactory evidence
of identification,which were ��i�� ,to be the person(s) whose
names) is signed on the preceding or attached document and acknowledged to be that he/she signed it
voluntarily for the stated purposes.
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COMMONWEALTH OF MASSACHUSETTS
County of Barnstable,ss:
On this day of 2007 before me,the undersigned notary public,personally appeared
JC p ('. �j mm ,the own Manager for the Town of Barnstable,proved to me through satisfactor
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evidence of identification,which were ,to be'the person whose name is signed on
the preceding or attached document and acknowle e to be that he/she signed it voluntarily for the stated
purposes.
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BARNSTABLE LAND COURT REGISTRY
REGULATORY AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made
this 2-Z day of - 007,by and between Edmund J. Hussey&Helen F. Hussey of 5
Snow Creek Drive,liyannis,MA and its successors and assigns (hereinafter the "Owner"),and the TOWN
OF BARNSTABLE (the "Municipality'),a political subdivision of the Commonwealth;
WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter
40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an
owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter
"Designated Affordable Unit");and
NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree
as follows:
I. PROJECT SCOPE AND DESIGN:
A. The terms of this Agreement and Covenant regulate the property located at 5 Snow Creek Drive,
Hyannis, MA as further described in deed recorded herewith as Barnstable Land Court Registry
document 544,804 &certificate of title 125715.
B. The Project located at 5 Snow Creek Drive,Hyannis,MA will consist of one accessory apartment unit
which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable .
Unit" or the"Unit")..
C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit
Q` Appeal No. 2006-108 and any plans submitted therewith and all applicable state, federal and munici al laws and
regulations. Said permit is recorded herewith as Barnstable Land Court Registry document f,D� sy 3 �3
(� &certificate of title
D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal
residence in accordance with the terms of the comprehensive permit.
II. THE OWNER'S COVENANTS AND RESPONSIBILITIES•
A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS:
1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that
the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and
"n decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan
Statistical Area. ('VISA) and that the Designated Affordable Unit shall be deemed to be impressed with.a public
v trust.
2: The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of
80% of the Area Median Income (AMI) of Barnstable MSA and that rent(including utilities) shall not exceed an
amount that is affordable to a household whose income is 80%.of the median income of Barnstable MSA. In the
event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority
shall be deducted from the rent level.
3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at
least a one-year lease.
4. The Owner has the full legal right,power and authority to execute and deliver this Agreement.
5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has
not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental
body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage,
mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound, will not
result in the creation or imposition of any prohibited encumbrance of any nature.
6. The Owner, at the time of execution and delivery of this Agreement,has good,clear marketable title to
the premises.
7. There is no action,suit or proceeding at law or in equity or by or before any governmental
instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting
it, or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on
business substantially as now conducted (and as now contemplated by this Agreement) or would materially
adversely affect its financial condition.
B. COMPLIANCE
The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of
Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and
covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of
estate are also deemed to be satisfied in full.
C. LIMITATION ON PROFITS
1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a
household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable
Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed an amount that is
affordable to a household whose.income is 80% of the median income of Barnstable MSA. In the event that
utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be
deducted from the rent.
2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent, as designated by the
Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of
the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the
Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner
shall notify the Monitoring Agent,as designated by the Town Manager,within thing(30) days of the date that a
tenant has vacated the Designated Affordable Unit.
III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES
1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to
perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household
with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable MSA and that rent
(including utilities) shall rot exceed an amount that is affordable to a household whose income is 80% of the
median income of Barnstable MSA In the event that utilities are separately metered,a utility allowance
established by the Barnstable Housing Authority shall be deducted from,the rent.
IV. RECORDING OF AGREEMENT:
Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to
be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of
registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land
Court (collectively hereinafter the "Registry of Deeds"),and the Owner shall pay all fees and charges incurred in
connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the
Municipality evidence of such recording or filing including the date and instrument, book and page or registration
number of the Agreement.
2
V. GOVERNING OF AGREEMENT:
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any
amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any
clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof.
VI. NOTICE:
All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when
delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the
parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate
by written notice.
VII. HOLD HARN_LESS:
The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any
and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against
Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and
attorneys fees necessitated by such actions.
VIII. ENTIRE UNDERSTANDING:
A- This Agreement shall constitute the entire understanding between the parties and any amendments or
changes hereto must be in writing,executed by the parties,and appended to this document.
B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed
to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these
presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other
permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall
run with the land described in deed recorded herewith as Barnstable Land Court Registry document
544,804 & certificate of title 125715 and shall be binding upon the Owner and all successors in title . This
Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of
the restriction created by this Agreement. The Municipality has determined that the acquiring of such a
restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of
estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the
property described in deed recorded herewith as Barnstable Land Court Registry document 544,804 &
certificate of title 125715.
IX TERM OF AGREEMENT:
The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated
Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and
restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered
into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the
Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the
recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land
Court as the case maybe,thus rendering said Comprehensive Permit void. Upon the cancellation of the
comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use
permitted under zoning and the restrictive covenant shall be rendered void.
3
X SUCCESSORS AND ASSIGNS:
A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors
and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive
permit.
B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this
Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running
with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's
successors in title, (ii) are not merely personal covenants of the Owner,and (iii) shall bind the Owner,its
successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of
the Agreement.
XI. DEFAULT:
If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the
Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send
notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The
Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal
fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the
Municipality and the Monitoring-Agent will have alien on the Project to secure payment of such costs and
expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth
the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land
Court for Barnstable County. A purchaser of the Project or an portion thereof will be liable for the payment of
Y P P 3'm
any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the
Project or portion thereof.
XII. MORTGAGEE CONSENT:
The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to .
the execution and recording of this Agreement and to the terms and conditions hereof and that all such
mortgagees have-executed consent to this Agreement.
J,
IN WITNESS WHEREOF,we hereunto set our hands and seals this L day of J_ekf C 2007.
OWNER
BY:
Signature
Printed: dmund usse
COMMONWEALTH OF MASSACHUSETTS
County of B tab ss:
On th ,L day of 007 before me,the undersigned notary public,personally appeared
the Owner(s} proved to me through satisfactory evidence
o identification,which were IkI to be the person(s) whose
name(s) is signed on the preceding or attached doc4inent and acknowledged to be that he/she signed it
voluntarily for the stated purposes.
Notary Public
My Commission Expires:
Notary Public
Commonwealth of Massachusetts - 4
My Commission Expires
December 4,2009
IN WITNESS WHEREOF,we hereunto set our hands and seals this day of 2007.
OWNER
BY:
Signature
Printed: Helen F.Hussey
COMMONWEALTH OF MASSACHUSETTS
County of Barnstable ss:.
On this day 007 before me,the undersigned notary public,personally appeared
the Owner(s),proved to me through satisfactory evidence
of identification,which were ,to be the person(s) whose
name(s) is signed on the preceding or attached document and acknowledged to be that he/she signed it
voluntarily for the stated purposes.
Notary Public �J
Printed: My Commission Expires:
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TOWN OF B LE
BY:
TO MANAGER
COMMONWEALTH OF MASSACHUSETTS
County of Barnstable,ss:
On this IV of 2007 before me,the undersigned notary public,personally appeared
- p C,., Jj Mrn\ own Manager for the Town of Barnstable,proved to me through satisfactory
evidence of ideni fication,which were ,to be'the person whose name is signed on
the preceding or.attached document and acknowledged to be that he/she signed it voluntarily for the stated
purposes.
otary Pu c
Printed: oFFici�u SEAL
My Commission Expires:
INDSAY DAWN STRANGER
- NOTARY PUBUC
COMOHWEALTH OF mASsACHUSETTS
`` My Comm.Expnes Dec.14.2012
5
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Doi_: 1 s u54 s 712 O 1-24-2007 10=46
BARNSTABLE LAND COURT REGISTRY
BARNSTABLE
THE TOW'(` ;- F: R
BARN3fA13M
�a' .�1 '06 DEC 21 A10 :20
Town of Barnstable
Zoning Board of Appeals
Comprehensive Permit Decision and Notice
Appeal 2006-108—Hussey
Decision - Chapter 40B Comprehensive Permit
Applicants: Edmund J. Hussey &Helen F. Hussey
Property Address: 5 Snow Creek Drive, Hyannis, MA
Assessor's Map/Parcel: Map 307,Parcel 229
Zoning: Residential B Zoning District
Applicants:
The applicants are Edmund J. Hussey & Helen F. Hussey, who reside at 5 Snow Creek Drive,Hyannis,
MA. Edmund J. Hussey&Helen F. Hussey were granted title to the property by deed recorded in the
Barnstable Land Court Registry on February 12, 1992 as recorded in document numbered 544,804 and
certificate of title number 125715.
Relief Requested:
The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the
Commonwealth of Massachusetts, and in accordance with Article II of Chapter Nine of the Code of the
town of Barnstable,more commonly termed the"Accessory Affordable Apartment Program."
The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9-
14 of the Code—Amnesty Program to permit an accessory apartment unit within a single-family owner-
occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory
affordable apartment attached to the principal residence.
Locus and Background:
The property at issue is a 0.20-acre lot located at 5 Snow Creek Drive in Hyannis. The lot was developed
in 1960 with a single-family ranch style home. The effective living area of the main residence is 1,618
square feet. The accessory apartment is a studio unit attached to the principal residence. The square
footage of the rental area is approximately 400 square feet.
The lot is served by public water and public sewer, and is located within an Aquifer Protection Overlay
District. The Town of Barnstable's Public Health Division reviewed the application, and on November 6,
2006, approved a total of three (3)bedrooms at the property.
Procedural Summary:
A site approval letter was issued for the property by Elizabeth Dillen of the Growth Management
Department on November 6, 2006, in accordance with MGL Chapter 40B and 760 CMR. Notice of the
site approval letter was sent to the Department of Housing and Community Development in accordance
with the requirements of CMR 760. An application for a Comprehensive Permit was then filed at the
Town Clerk's Office and the Office of the Zoning Board of Appeals.
A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the
' Barnstable Patriot on November 10, 2006 and November 17, 2006, and notices were sent to all abutters in
accordance with MGL Chapter 40B.
On December 6, 2006 Hearing Officer Gail Nightingale presided over the public hearing. The applicant,
Edmund J. Hussey,was present at the hearing. Madeline Taylor of the Growth Management Department
was also present. Ms. Nightingale reviewed the file with the applicant to assure compliance with all of
the program requirements.
Findings of Fact on the Comprehensive Permit:
At the hearing on December 6, 2006 the Hearing Officer made the following findings of fact:
1. The applicants are Edmund J. Hussey and Helen F. Hussey who reside at 5 Snow Creek Drive in
Hyannis, MA. They are requesting a Comprehensive Permit to convert an existing studio apartment
attached to the principal residence into an accessory affordable apartment. The conversion of the unit
to an accessoryaffordable unit within a single-family owner-occupied residential dwelling qualifies
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for the"Accessory Affordable Apartment Program."
2. Edmund J. Hussey&Helen F. Hussey were granted title to the property by deed recorded in the
Barnstable Land Court Registry on February 12, 1992 as recorded in document numbered 544,804 and
certificate of title number 125715.
3. On November 6, 2006 a site approval letter was issued for the property by Elizabeth Dillen of the
Growth Management Department, in accordance with MGL Chapter 40B and 760 CMR. Notice of the
site approval letter was sent to the Department of Housing and Community Development, in
accordance with the requirements of CMR 760, and no issues were communicated from the
Department on this particular application.
4. The proposed accessory affordable unit is approximately 400 square feet, and is attached to the
principal residence.
5. The applicants are aware that the unit must meet all applicable building codes to be occupied and
that the Building Division and Fire Department will also be inspecting the unit for compliance with all
applicable building and fire codes.
6. The house is served by public water and public sewer and is in an identified Aquifer Protection
Overlay District. The proposal has been reviewed by Thomas McKean,Health Director, and he has
approved a total of three (3)bedrooms at the property.
7. On September 27, 2006 the applicant signed an Accessory.Affordable Apartment Program
Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit,to the recording of a
Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds.
That document will restrict the unit in perpetuity as an affordable rental unit and requires that the
dwelling be owner-occupied as his principal residence.
8. The applicants understand that the affordable unit will be rented to a person or family whose income
is 80%or less of the Area Median Income (AMI) of the Barnstable Metropolitan Statistical Area
(MSA) and further agrees that rent(including utilities) shall not exceed 30% of the monthly household
income of a household eaming.80% of the median income, adjusted by household size. In the event
that utilities are separately metered,the utility allowance established by the town of Barnstable shall be
deducted from rent level so calculated.
9. According to the Massachusetts Department of Housing and Community Development, as of
December 6, 2006, 6.3% of the town's year round housing stock qualifies as affordable housing units.
The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B
Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan
encourages the use of existing housing to create affordable units and'tlie dispersal of these units
throughout the town.
2
Finding Summary:
Based upon the findings,the Hearing Officer ruled that the applicant has standing to apply for a
Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment
Program. The proposal is also deemed consistent with local needs because it adequately promotes the
objective of providing affordable housing for the town of Barnstable without jeopardizing the health and
safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed.
Ruling and Conditions:
Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL
Chapter 40B to the applicants, Edmund J. Hussey & Helen F. Hussey. It is issued to allow for a studio
accessory affordable apartment unit in accordance with the following conditions:
1. Occupancy.of the affordable unit shall not exceed one person.
2. The total number of bedrooms on the property shall not exceed three (3).
3. The property owner shall occupy the-principal dwelling as his principal residence.
4. This unit shall not be occupied by a family member of the owner(s).
5. All parking for the accessory apartment and the main dwelling shall be on-site.
i 6. To meet the requirements of affordability,the cost of housing(including utilities) shall not exceed
30% of 80%of the median income for a single individual for the Barnstable MSA. In the event that
utilities are separately metered,the utility allowance established by the town of Barnstable shall be
deducted from rent level so calculated.
7. All leases shall have a minimum term of one year.
8. The Growth Management Department shall serve as the monitoring agent for the accessory
apartment.
9. The applicant must apply for a building permit for the accessory unit, whether the unit is new or
pre-existing. Before securing an occupancy permit and certificate of compliance,the Building
Commissioner must determine that the unit conforms with the approved plans as submitted with the
building permit application and meets state building and fire codes. The Health Division must
determine that the dwelling is in compliance with applicable on-site wastewater discharge
requirements.
10. The applicants may select their own tenant provided the tenant meets the requirements of the
program as cited above and provided that person's income is.reviewed and approved by the Growth
Management Department of the town of Barnstable as a qualified individual. The applicants will be
required to work with the town to provide information necessary to document that the tenant
qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or
family. Whenever a vacancy occurs,notice must be given to the Growth Management Department
and the unit must be listed with the Town.
3
11.Every twelve months the applicants shall review the income eligibility of the individual
occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit,the
applicant shall file with the Growth Management Department of the town of Barnstable an annual
affidavit listing the rent charged and income level of the occupant of the unit. The applicants shall
provide the town any additional information it deems necessary to verify the information provided in
the affidavit. Upon any report from the town that the terms and conditions of this permit are not
being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a
hearing to show cause as to why this permit should not be revoked.
12. This Comprehensive Permit shall not be transferable to any other person or entity without the
prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory
Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed
at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the
Growth Management Department of the Town of Barnstable shall be notified within 60 days of the
name and address of the new owner.
13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its
issuance or it shall expire.
Ordered:
Comprehensive Permit 2006-108 has been granted with conditions. A written copy of this decision shall
be forwarded to the Zoni
ng g Board of Appeal as required by the Town of Barnstable Administrative Code
Chapter 241, section 11. If after fourteen(14) days from that transmittal the Members of the Zoning
Board of Appeals takes no action to reverse the decision,this decision shall become final and a copy shall
be the filed in the office of the Town Clerk.
Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL
Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision in the office
of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B,
Section 22.
.In accordance with Chapter 214, section 11 of the Town of Barnstable Administrative Code,the hearing
officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals
on December 6, 2006. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board
Member has taken action to,reverse the decision.
Gail ightingale,aearing 0 cer 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 bepi}filed,Ai- e office of the Town Clerk.
Signed and sealed this-day oaf /- under the pains and penalties of perjury.
Linda Hutchenrider; Town Clerk
4
oFt r Town of Barnstable
BAANMBLE, : Regulatory Services
v� 09• .•� Thomas F. Geiler� Director
ArFO��p
Building Division
Tom Perry Building Commissioner
200 Main Street, Hyannis, MA 02601
Office: 508-862-4038 Fax: 508-790-6230
January 30, 2007
Edmund J. Hussey
Helen F. Hussey
5 Snow Creek Drive
Hyannis, MA 02601
Re: Proposed Accessory Affordable Apartment
Dear Mr. & Ms. Hussey:
We have received the recorded Regulatory Agreement and Comprehensive Permit for the
accessory affordable apartment to be created at your address. A building permit is
required whether the unit is new or pre-existing. We look forward to receiving your
building permit application for the apartment.
Please call me if you have any questions regarding the building permit process.
Sincerely,
Lois Barry
Division Assistant
J040616a
�9S 3
b�Qy�F7NE'T��♦� TOWN N OF BARNSTABLE
i 339HISTOBLt i
0
NAM°",,� BUILDING INSPECTOR
�o war
APPLICATION FOR PERMIT TO ......... -0.hv..e.nN G��t �c� r i / d„► ,
TYPE OF CONSTRUCTION ................. .e. ...: ?:: ....... .
................... ..................19.23-7-
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit according to the following information:
Location .................�..... ^.9 ?. ...C`�e.....................................: ( ..5............:.......
ProposedUse ........l .ro.P.yy.\....................................................................................................................................................
ZoningDistrict ........................................................................Fire District ..............................................................................
Name of Owner .... .......................Address .........S.G? .°t ..... '...............................................
Name of Builder .. .( �. ? .....0 .................Address ............. .:. `vino;v ...................:.....................
Nameof Architect ..................................................................Address ....................................................................................
Numberof Rooms ........ ............................................Foundation ............................................................,..........:.......
Exterior .....S:.12. .... .a. .. �' ........................Roofing ...............4-?. .......................................
Floors .....`f'. Interior ........�Vr.y„
........ d ........................................................ I
Heating '
. ....z...............................................................Plumbing ..................................................................................
Fireplace ................. r.......................................................Approximate Cost ......... �q .-........................................
Definitive Plan Approved by Planning Board ________________________________19 . / ice 10,C G,/�q�rL
Diagram of Lot and Building with Dimensions - / ® f,
SUBJECT TO APPROVAL OF BOARD OF HEALTH _
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I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction.
Name .?....'�... .�.:�:...�.. .............................
r ..
Swartz, Eli A. ,
4
15057 convert garage
No ................. Permit for ....................................
to family room
w ...ry.... . ... . ......Drive..ve................
Location 5 Snows ..reek I
..................Hyannis
. .............................................
Owner ........Eli A. Swartz
.. ....................................
c�
Type of Construction frame
Plot ......................... .. Lot ....... 2..................
Permit Granted .......�y.19...................19 72
Date of Inspection ......... ......... ...............19
Date Completed .�f. .. L.......19
f
PERMIT REFUSED
................................................................ 19
i
.....
................................................... ........................
...............................................................................
...............................................................................
Approved
}
...............................................................................
.............................................................................
r SECTION 8 HOUSING INSPECTION CHECKLIST
r�AME OF FAMILY PHONE NO. TENANT APPLICATION NO.
INSP OR .
PHONE NO.
�.�� '� DATE OF INSPECTI N
� � J 2
j.
TYPE OF INSPECTION ❑ Audit ❑ Initial ❑ Special ❑ Reinspection ❑ Annual LAST INSPECTOR:
STR T 6
CITY IT]Number of Children
15l�;r �� ;� NNE in family with ' HOUSING TYPE
UNIT
Elevated Blood Level (Check as appropriate) GRADE
STATE ZIP FAMILY COMP ❑ Manufactured Home
C' ADULTS MALE FEMALE ❑ Ingle Family Detached A ❑
NdL1E pr OwuEc DF;.Gc li aUTttORIZED rQ LEASE UNIT IT,
PHONE NO. MINORS DUpleX or Two Family B ❑
❑ 3 Family House C.❑
ADDRESS OF OWNER OF AGENT CHILDREN ❑ Row House or Town House D ❑
(UNDER 5) ❑ Low Rise:3 or 4 Stories
including Garden Apartment
e a FAMILY SUBSIDY SIZE: ❑ High Rise:5 or more Stories
❑ Multi Family
`\ No.of rooms used tar sleeping
❑ Fail ❑: Inconclusive Date Passed v� (or could be used it unit is vacant Gt 0
LASS
ITEM" YES NO IN.- •
NO. 1.LIVING ROOM PASS FAIL CON c '1- . COMMENT
u R 0�t'il ArPnw.
1.1 Living Room Present Mrtuuo�iE
1_ Electricity
1.3 Electrical Hazards
1.4 Security
1.5 Window Condition,Screens
1.6 Ceiling Condition
1.7 Wall Condition
1_8 Floor Condition
ITEM
NO. 2. KITCHEN FINAL
PASS FAIL CONC COMMENT „�„•
2.1 Kitchen Area Present WruuoATE
2.2 Electricity
2.3 Electrical Hazards
2.4 Security
2.5 Window Condition,Screens .�
2.6 Ceiling Condition
2-7 Wall Condition
2.8 Floor Condition .
2.9 Stove or range with oven (TT) (LL) ti
2.10 Refrigerator (TT) (LL)
2.11 Kitchen sink
2.12 Kitchen space for storage&prep
2.13 Ventilation `
ITEM 3. BATHROOM YES NO IN.- I�N0. PASS FAIL CONC COMMENT APPROv.
3.1 Bathroom Present tNnlwmATE
3.2 Electricity
3.3 Electrical Hazards
3.4 Security
3.5 Window Condition,Screens
3.6 Ceiling Condition
3.7 Wall Condition
3.8 Floor Condition
�1
3.9 Flush Toilet in enclosed room in unit
3.10 Fixed washbasin or lavatory in unit
3.11 Tub or Shower in unit
3.12 Bathroom ventilation
ITEM 4.OTHER ROOMS USED YES NO IN.-
NO. FOR LIVING &HALLS PASS FAIL CONC COMMENT Gov.
INNITIAVmATE
4.1 Room Code'0 Room Location (Check One) ❑ Right/Center/Left (Check One) ❑ Front/Center/Rear Floor Level
4.2 Electricitv/Illumination
4,3 Electrical Hazards
4.4 Window Condition
4.5 Security
4.6 OOCES
dition
4.7ion
4.8tion
4.9t
r
-ROOWdroom or any other room used for sleeping(regardless of type of room) 3=Second Living Room,Family Room,Den,Playroom,TV ROOM Additional Bathroom 7_
2=Dining Room,or Dining Area 5= -Garage 9 Other
4=Entrance Halls.Corridors.Halls.Staircases - 6=Attic 8=Laundry
White Copy for Agency=Yellow Copy for Landlord-Pink Coov for Tenant-
i
rrEM 4. OTHER ROOMS USED Yes NO IN.- FlNAL
NO. FOR LIVING & HALLS PAss FAIL' cgNC COMMENT HRI,WATE
4.1 Room Code' I Room Location (Check One' ❑ Ri ht/CenteriLeft Check One) ❑ Front/Center/Rear Floor Level
4.2 Electricity/Illumination
4.3 Electrical Hazards
4.4 Se^uri
4.5 Window Condition
4.6 Ceilino Condition
4.7 Wall Condition
4.8 Floor Condition
4.9 Natural Liahl
4.1 Room Cade- Room Location (Check One) ❑ Right/Center/Left (Check One) ❑ Front/ nterlRear Floor Level
4.2 Electricity/illumination
4.3 Electrical Hazards
4.4 Security
4.5 Window Condition
4.6 Ceiling Condition
4.7 Wall Condition
4.8 Floor Condition
4.9 Natural Liqht
4.1 Room Code'C .Room Location (Check One) ❑ Right/Cen Left (Check One) 0 Front/Center/Rear_Floor Level
4.2 Electricity/Illuminabon
4:3 Electrical Hazards
4.4 Security
4-.5 " Window-Condition
4.6 Ceiling Condition
4.7 Wall Condition
4:8 Floor Condition
'ROOM CODES: t>Bedroom or any Amer mom nse0 for sleeping(regardless or type of room) 3=Second Irving Room,Family Room.Den,Playroom.TV ROOM 5=Addioonel Bathroom - 7=Gars 9=Other
2.Oimng Rmm,o•Dmmg Arae a a Entrance Halls,C.mdors.Halls.Slairrases
6=Amc 5=Laundry
ITEM 5.ALL SECONDARY ROOMS YES NO IN.- RNAL
N .
Oms not used for Living) PASS FAIL CONc COMMENT APPRoy.
INMAUDATE
5.1 ON Go to Part 6
5.2 rite
5.3 Electrical Hazards
5.4 oothe r Potentially Hazardous
Fea11-man Ot Ines.Rooms
ITEM
NO. B.BUILDING EXTERIOR YES No 1N.- FINAL
PASS FAIL CONC COMMENT APPROV.
INMAUDATE
6.1 Condition oPFoundation
6.2 Condition of Stairs,Rails,and Porches
6.3 Condition of Roof and Gutters
6.4 Condition of Exterior Surfaces
6.5 Condition of Chimney
6.7 Manufactured Homes:Tie Downs
6:8 Manufactured Homes:Smoke Detectors
ITEM 7.HEATING&PLUMBING Yes NO IN.- FINAL
NO. PASS FAIL CONc COMMENT APPROV.
7.1 Adequacy of Heating Equipment
INmavoATE
7.2 Safety of Heating of Equipment
7.3 Ventilation/.Cooling
7.4 Water Heater Gas/Elec/oil
7.5 Approvable Water.Supply .
7.6 Plumbing
7.7 Sewer Connection
ITEM S.GENERAL HEALTH YES NO IN.- FINALND. AND SAFETY FINAL FAIL CONc COMMENT APPROV.
8.1 Access to Unit
INRIALIDATE
8.2 Lead Paint,LOC L► of Applicable
8.3 Evidence of Infestation
8.4 Garbage and Debris
8.5 Refuse Disposal
8.6 Interior Stairs and Common Halls
8.7 Other Interior Hazards P+
8.8 Elevators .� $Not Applicable
8.9 Interior Air Quality
8.10 Site and Neighborhood Conditions
I ill Entry Door Security Not Applicable -
779:1 Heating System Type p-Gas O OiI---Cl-Electric--Other-
FEW-
NO. YES - FINAL
PASS NO
co Ic COMMENT APPRaV.
.353 Asbestos Material Pd11AUDATE
.482 Smoke Detectors Thi
s inspection has been performed to determine compliance under the HUD/DHCD Section 8 Programs.While some of the inspection requirements may be
ilar or identical to provisions of the Icoal codes this inspection does not certify compliance with said codes.In all ihst ces,it is the Owner's responsibility
maintain propeny.to meet all applicable state and local codes a ten is ri ht to request an inspection by the lot e Worcement agency.
Pany Present a[Inspect' n inspector Signamm
y J� '