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HomeMy WebLinkAbout0007 THACH LANE - Amnesty & MULTI-FAMILY i } i i 313e U i i 1 I teach 4j... i Town of BarnstableBuilding � 4 r ti 1 I '!HAR"3'7.'ASLF.. Post This Card So That it is Visible From the Street-Approved Plans Must be wined on Job and this Card Must be Kept •f "4s5 Posted Until Final Inspection Has Been Made. Permit ,� % Where a Certificate of Occupancy is Required,such Building shall Not be Occupied until a Final Inspection has been made. Permit No. B-17-1159 Applicant Name: SHINN, RICHARD A Approvals Date Issued: 11/27/2017 Current Use: Structure Permit Type: Building-Amnesty with Construction Expiration Date: 05/27/2018 Foundation: Location: 7 THACH LANE, HYANNIS Map/Lot: 292-090 Zoning District: RB Sheathing: Owner on Record: SHINN, RICHARD A Contractor Name: Framing: 1 Address: 145 BETH LANE Contractor License: 2 HYANNIS, MA 02601 Est. Project Cost: $ 1,700.00 Chimney: Description: second Egress and stairway on the apartment above the garage, Permit Fee: $ 110.00 Insulation: required by new regulaytion upon ownership Fee Paid: $ 110.00 �s Project Review Req: 2ND EXIT DOOR ADDED TO GARAGE WITH STAIRS TO GRADE. Date: 11/27/2017 Final: ([T�l/ s UPGRADED SMOKE/CO/HEAT DETECTORS. Plumbing/Gas Rough Plumbing: Building Official Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance. Rough Gas: All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. Final Gas: This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. Electrical The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. Service: Minimum of Five Call Inspections Required for All Construction Work: 1.Foundation or Footing Rough: 2.Sheathing Inspection 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final: 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: y 6.Insulation Low Voltage Final: 7.Final Inspection before Occupancy Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT m • CC) o ..n Er F I U1 Certified Mail Fee ..0 Extra Services&Fees(check box,add tee as appropdatgl ❑Return Receipt(hardoopY) $ �„� *•. . OO ElReturn Receipt(electronic) $ � PosiT O []Certified Mail Restricted Delivery $ Ham + O ❑Adult Signature Required $ t/1 C13 . ❑Adult Signature Restricted Delivery$ O Postage U O �/tn O Total Postage and Fees ✓ , r=1 r% Sent To ------l....e-A- -�----fi n `��1---------------------------- O Street and Apt. r O eox .-taI2� Ciry free s R - ----------------------------------- ♦9 Dz 6 -- - .. , ENDER: COMPLETE THIS SECTION . .• - . Id ' lo Complete items 1,2,and 3. A. Sign ■Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ® Attach this card to the back of the mailpiece, B. Received by(Printed Naive) C. Date of Delivery' ,nor on the front if space permits. .. 1.-Article Addressed to: D,Js delivey address different from Item 17 0 Yes / If-YES,enter delivery address below: ❑No, �r2h�U L iten SK� I Service Type [3 Priority Mali III IIIIII(III IIIIIIII II I II (IIIIII I III IIIIII III ❑0 Adult Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402-1933 612$1268 74 rtified Meil@ ppel"er 13 Certified Mail Restricted Delivery I ;a'Retum Recelpt for' ❑Collect on Delivery Merchandise � Article_Number-Mpnsfer from_servicelabeD 0 Collect on Delivery Restricted Delivery ❑Signature ConfirtnationTm f7 017 1000 0 0 0 0 67 5 9 6863 'ured Mali °signature confirmation lured Mall Restricted Delivery` � Restricted Delivery er$500) �PS Form 3811,July 2015 PSN 7530-02-000-9053 DomestiRfurn Receipt . � o MAILP RECEIPT m .. estic Mail Only ..o `° Er FICI A Ln Certified Mail Fee P- $ " `-� Extra Services&Fees(check box,add lee as appropriate) ElReturn Receipt(hardcopy) $ C3 C3ElReturn Receipt(electronic) $ � POST& 0 ❑Certified Mail Restricted Delivery $ H�.L G ❑Adult Signature Required $ V1 (l C' 0 _ []Adult Signature Restricted Delivery$ N 14+'; p Postage �' -0S " C3 C3 Total Postage and Fees IS Iti Sent To ` n. �J e s `S 1�1---------------------------- O Street and Apt:p(o.yr Box l 0 1 i h a �/i �,2-�------------------------------------ Giry-$?ate,fly -• �S Form :.. . 1 I r11•,. See Reverse for In LISPS KNG# � " First-Class Mail Postage 8.Fees aid USPS ` Permit No.'G10 Ri 9590 9402 1933 6123 1268 74 United States, •Sender:`Please'print your name,address;and ZIP+4®in this box• Postal Service T®WN ®F BARNSTABLE BUILDING DIMS. N.' 200 MAIN ST. HYNNIS,NIA 02601 -4 tl a20l,,.t. �i'1,1� 1i111,11�1��JlrrttllJlJJi�t' �1J�'iJllll�+i'lii i,JlJ.iJ'J�. Town. of Barnstable Regulatory Services �zt+e Richard V.Scali,Director.. Building Division f r n.�r,acrw.irp x Paul Roma,Building Commissioner. X"S' � 200 Main Street, Hyannis,MA 02601 16 Eo t www.town.barnstable.ma.us Office: 508-862-4038 Fax 508-790-6230 HOMEOWNER LICENSE ExEMMON DATE: Z� � � Please Print • JOB LOCATION: nufnber street v� "HQMEOWNM' home phone# work phone# name L,,// CIJRREN r_MAIIJING-ADDRESS� JS I /1 /l 1/��—r� lam— / " r I atE City/town St -�-� Zip Code The current exemption for"homeowners"was extended to include owner-occi�ied dwellings of sIIc 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 t be considered a homeowner. Such'homeowner"shall submit to the Building Official on a form home in a two-year period shall no ed under the building permit (Section work performed shall be re onsible for all such w • e she s acceptable to the Building Official,that h � � 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 requirements ftnd that he/she will comply with said procedures and requirements. r'SignalnTe of Homeown� �� 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 gOMEOWNER'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-persou(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•ease,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. e Q:\WPFILES\FORM.S\building permit formsUTRESS.doc , 06/20/16 �' �TKE Town-of Barnstable Regulatory Services Richard V.Scali,Director Bnilding Division Paul Roma,Building Commissioner 200 Main Sheet,Hyannis,MA 0260i www.town.bamAable.ma.us Office: 509-862-403 8 . Fax: 508-790-6230 , Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize to,act on my beb.4 in all rnatters.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. Signature of Owner Signature of Applicant Print Name Print Narlie Date' Q:FORMS:OWI WEFNMSIDNPOOLS ormatiQn and Justructi OELS ` Massachusefts General Laws ffiaPt�:t M regoae s all employ=to Provide wMiZE&=npensafion for fiieir=?Ioyees., Pm-��-fD f -is sfatate,an esrplayer is defhedas"_. ryperson i!%fheservice of anof3ierruder any conixact ofli�e, express or iiuplied,oral or win-" as`a in utaMsbiP,associaton,corporation.or other Iegal cnt±Y,or any twu ar mc= defined �vidzral, er•is P ,.4n T.oy a joint andmclnffngtha IegAxmprm=i a&c ea s;ofa decsed employer,or the of the foregoing 1 r=c jVcr or trustee of an kdMffiMl,pMJnMCshrg,association err other Iegal entity-,=Ploymg emPloyees. However the owner bf a dW DMDg horse having not more than three apa rtmeuts anci Who resides therein,or the occoPant of tjie- dw-eIlmg house of another who=PIoys PCZSMS to do mace,r.,,,gknCt on or repair work on sualx(I'FC mg haBse or on the grounds or bmld'mg thereto shallnotbm=c ofsuch emplaymer<tbe deemedfn be an employer." lMGL chapter I�Z,§25C(�also Sfafrs that aevtrySt�e or local I.iCendag agency shallwithhald ffie LSSaanCe err renewal of a license or permit to operate a business or to Consfract bt�dmgs za ffie commorz�eal$i for anp appHcantwho has notprodnced acceptable evidence of coruplianrewifit tTie msnran�cove_ragereq ed_�' Adatido aaIly,MGL chaptL--.I52.§25Co 9tates'W6ither thin.co =onwe-ahhnor a'ny ofits pol¢ical subdivisions shall enter ink any contract for thee prfu==ce ofpubhv work u�I ac=pfable evidence of compli�.ce'with the msIIran�. req. Mfs of this chapterhave been preseufed to the canfrarxiDg anfiiDrdY ' Ap:plicant� r , Please fOl out the wo13er•'compensation affidavit comple#�ly,by checl�g ille bore$$af apply to your siinafian and,if necessary,supply soh-contactar(s)name(s).addres. ( )an&phaam,number(s).along With their eerffficafe(s)of Lb h " aeries C)or Liiid e I iabri y-Parta=hips(LIP)with,'empIoyees Ot er fhaD the msmmce_ L��d .��mP C� mem- h.en or partners,atenotrimedto carrywC)jj=e cornpmsafionfi coke_ IfmLLCorFLP doeshave C;=Toyees,apo4cy is requirech De advised that this affiday eitmayb cr,7r r,t d to tho De tpaxtraent of rndus liBl Accidents for confirmation of fimaranm coverage_ Alsa be sure to sign and date the affidavit. The affidavit should Y -he c or townthA the application.for the peanit or license is being requested,not the Depntneat of bez-etrmmed to city �P , ions the law or if n are requited to obtain a workers Should n have regatdmg yo Indus�al A_ccrd�s. yo aay�1 antes should enter their compe1saffionpoIicp,Please call thdDeparbeotatthennmberlis�dbelow- Self-imu`mdr� i . self-;,,cr„-a„ce license number on the aPproptiafn I>II.e. City or Town Officials r - Please be some that the affidavit is cvmpleta and pri&,dIegr-bly- TheDepaftmeuthas provided a space at the bottom ofthe affidavitfor youto fM ouf iathe event the Office oflnvestigations has to coldacty"Mregardingffie agT �t Please b e s n-m�fill.in the p�It/Hcense ntrnber which�v M be used.as a=Rzence number. In addition,an app that must submit muNiplepcmnWHcwse applications is any givcnyear,need only sorbmit are affidavit mdiraling cusent p olicy infornatiom Cif mazy)and under°Tob Site A d--dr s fhe applicant should wzctl--all locations ia COY or 'A copy of the-af�,rit that has be n officially sfamped ormarked byihe city or tov may b e provided to$a appHca zt as proofthaf a valid affidavit is on fie fDr fde'peM43 or Iice=- m A new affidavtmvst be filed out each year.Where EL home Owner or citizea is obtaining a license Dr permit notielated fin any bus n=or commercial TaDf re (ie-a dog license orpeunit to bran leaves eta.)said person is NOT requn,�;d tD conapletr this affidavit The Office oflnyMfgafL=wouldaeto.tI=kyottiaa.dvance far your cooperaiion and sbovldyomhaveanyq-� please do not hes>fatm to give us a m L `Ihe Deparirnea�'s address,telephone and faxrmmber: - . t C D=jQa tic of Massa ch - ' gut ofI�Auft dAQDUentt -womanSEMd Ba twu IY .R111 Tt,-L. '617-7274 i:,-Xt4�)6 or 1-977 MAS&A xevised4-24--07 � - g .77ie Commowiveal&gfMassr dumetfs Deparkxew afrm e&ia1Acdd-eP is - - -cer of rrr tFga#ions 60.0 Was7iurgion Street $oston,IM402H.1 Wu rlmrs' Cumpensaiirfn.Iusurmce Affudavffi BuilderslCantractursMechic&ms/Plunbers iicantInf n.- atirtn �� J ' Flease Print 1 7i73B i]SmE ' I anirrEir}n1Enr�Frfirin�l re�& �l ZIV CC r'tr a you an employer?Cfieckthe appropriate.ba= ' Type of project(required): I_❑ I am:a employer u th. 4 ❑I am a geuezal conf mctor and I 6- ❑l-ew coast mutioa -employees(fall andfor part-time).* bave lured ifte sub-coatmctm 2.0-I am a sole proprietor arpartue= listed omthe attached sheet. 7- ElRemodaung sbip and have no employees , The3e sob-cotfrac-tors hate g-,❑Demolifion. working, fnrme in any capacity emglo�es and have rForkers' g. El Building addiii�on �LNO & Gump.;r suanca Comp-msa[3IT # required] ' 5. 0 We are a-Corporation and its 1 g 0 de cal repairs or addition f31 am>a homeoua er doing all w rk ofcers have-exercised their 1 L❑Flumbingrepaim or additions sryset£[No wcikus'camp_ �t of exemption per MO- 17 0 Roofrepais c.152,§1(4)�and we lisve no 13_0 QtFier employees LNo worms' comrxp.;T,once required 'AmyegpBCEr&Bsatrhecicsbaxr sha=gdMtworke=eeampem.,&&npaI"iegiafnrmkffcm. gomeoWa4lswllasuitdvse�dacdiia ratiogthrySrt�m�aIlwoz;cSadtSmhnEaut9daranhvctars�nactsahmitanewsfad�Yitmdi�s4inasme-h fCon±=tq stfist eherYiW box must sttnr�zuadditi-sl sineet shnccmg them of the sna-coatrsdaa snd stae whether or not those entideshrm em iarm Ifthesab-cantractmshEe=210yea%ff1ff ci'tpm-Zetheir wurkm'•romp.paurya lbff- - I urr[arr efttpl�r flerrt i�rgrat�iriir�Yt�orkets'cattrPertsrn`ior[insairarxcs�"ar rt�}*entlrla3�es $elory is tlt�paTiGy�ru�cri jaFi she . informatiom Insurance CouapasY:statue= 'Policy TOL or Self-ins-Lic-41k ��piFatiarzDate: Job Tif a Address: c4dstawzip: Attach a copy of the tvarlcers°compewatiQapoligrde d2ration page(showing the policy umber and expiration date). Fa ure to securer coverage as req*edunder Section 25A of MGL c�1St can lead to the imposition of mm;nal penalises of a f=up to$UOD.OG andlor one year imgrssoutuea f as wel-1 as civil penalties in the fa:zu of a STOP WORK ORDER And s of up is 0-00 a day against the violator. Be adidsed that a copy of this statement snag ba forwarded fa the Office of investigations of tile DIA.fox iflsurance co-vmmp vedfication- .I do Hereby cerhfJ�nitdgr tFts psis as psrta€ s afF€r�ici}�flsatflae mfarzrtcrm�prmrT�d abm�i�trots atzd carrect Si�rre: fI3a� �/ 2 L3 ?/ 9 K O f dal use wdy. ,17a rtat o-srFta i�t tFr�1rrsQ,trr be crrtngfefe b}'rrfy ar.to non Q frcznl City or Town: PernatUcense:9 Ymuiatg AuthariiY(drde true): L Board of Ift9t i 2.Building pep=.-tment 3.�jtTovzn.Clerk d:Electrical hispe-etor 5.Plutmbmg Iuspectos 6.Othez Contact Person: Phone#: - 6 Y TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map � Parcel go Application # 5T Health Division Date Issued )Z'7 17 Conservation Division Nw Application Fee • G Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board ' Historic OKH _ Preservation/ Hyannis Project Street Address fi / C �rt Village Owner �Jeli k'(`_ Address A C Telephone " l 004 L Permit Request �2 GS• �561�t; nANN Square feet: 1 st floor: existing — proposed 2nd floor: existing proposed Total new — Zoning District Flood Plain Groundwater Overlay Project Valuation 11-0,0 Construction Type Lot Size Grandfathered: ❑Yes 3 No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family p Multi-Family(# units) Age of Existing Structure AL - Historic House: ❑Yes Flo On Old King's Highway: ❑Yes 49 No Basement Type: ❑ Full ❑Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) 2_----- Basement Unfinished Area (sq.ft) Number of Baths: Full: existing L new Half: existing new-- Number of Bedrooms: existing 4t new Total Room Count (not including baths): existing .2, new First Floor Room Count Heat Type and Fuel: WG- as ❑ Oil ❑ Electric ❑ Other Central Air: arYes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: dexisting ❑ new size_Pool: ❑ existing ❑ new size — Barn: misting ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size — Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes �IrNo If yes, site plan review# Current Use _4AP 6W NsA41L,�4j iann .,, c.�(' Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name -&- — L',C6,1V6U )1111&NS k i Telephone Number 501 L,;A� Address LI- License # ft®�c-_ 0uJ-J4 . Home Improvement Contractor# Email (,46(y s . Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 2; 4_f�kl` SIGNATURE d)ely DATE Q 12) •'Zo J 5 FOR-OFFICIAL USE ONLY APPLICATION # DATE ISSUED MAP/ PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. ti r °FTHE T° Town-of Barnstable ti Building Department Services • BARNSTABLE, ` 9 MASS. �a Brian Florence, CBO �p 1639. TfDMA�A Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.bamstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 November 22, 2017 Ereneu Litenski 7 Thach Lane Hyannis, Ma. 02601 RE: 7 Thach Lane, Hyannis, Map: 292 Parcel 090 ,t Dear Property Owner: This letter is in response to application number TB-17-1159. Your application is denied as submitted for the following reasons: 1) No plot plan submitted showing work to be incompliance with setbacks. 2) Construction documents show only one egress door from apartment dwelling unit where two are required by 780 CMR R311.2 (State Building Code). And, if aggrieved by this notice and order; to show cause-to why you should not be required to do so, you may file a Notice of Appeal (specifying the grounds thereof) with the State Building Appeals Board within forty-five (45) days of the receipt of this notice. Res ectfully, J r auzon Chief Local Inspector j effrey.lauzon,cttown.banlstable.ma.us (508) 862- 4034 .oFt r Town of Barnstable,, 9AHNSPABLE. Regulatory Services MASS. 0e 9- �e� Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection �� Location Permit Number Owner Builder One notice to remain on job site,one notice on file in Building Department. The following items need correcting: Please call: 508-862-4038 for re-inspection. Inspected by Date ``9-4-` 1- 0 a-"._fit: - -20! 7 3 09 R 1'..�ct Town of Barnstable _ Zoning Board of Appeals ' Comprehensive Permit Decision and Notice Accessory Affordable Apartment Program Comprehensive Permit No. 2017-046-Litenski Summary: Transfer of Comprehensive Permit No.2006-082 Applicant: Ereneu Litenski Property Address: 7 Thach Lane, Hyannis, MA Map/Parcel: 292/090 Zoning: RB—Residence B Zoning District, Summary: Allow the transfer of one-bedroom accessory affordable apartment located within the second floor of the detached garage pursuant to the Code of the Town of Barnstable, Chapter 9, Article 11 Deed Reference: Book 30355 Page 98 Applicant/Site Control The Applicant is Ereneu Litenski, is the owner and occupant of property addressed as 7 Thach Lane, Hyannis Ma. The Applicant has been the owner of the property since March 2017, as evidenced by a deed recorded at the Barnstable County Registry of Deeds on March 16, 2017 in Book 30355 Page 98. A signed Affidavit dated March 24, 2017,declares that 7 Thach Lane, Hyannis is the primary residence of Ereneu Litenski. Locus The subject property is a .35 acre lot created by a 1966 Plan of Land approved on November 21, 1966 and recorded at the Barnstable County Registry of Deeds as Book 208 Page 91. The lot fronts onto Thach Lane. The property is improved with a 3,118 gross square foot three-bedroom single family dwelling(1,392 living area)with a detached garage constructed in 1972. It is served by public water and an on-site septic system. Background Mr. Litenski seeks to transfer the existing Comprehensive Permit No. 2006-082, already transferred once in 2012, to reflect the recent transfer of ownership. The original Comprehensive Permit, issued to Mr. Goodwin and later transferred to Richard Shinn, sought to convert 600 square feet of the area above the detached garage to a one bedroom Accessory Affordable Apartment by a Comprehensive Permit pursuant to Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with §9-15 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program". Procedural &Hearing Summary February 3, 2017, Ereneu Litenski submitted an application for a Site Approval Letter as prescribed in the Code of Massachusetts Regulations 760 Section 56.00 and provided for within the Accessory Affordable Apartment Program of the Town of Barnstable. The application was submitted as a local initiated Chapter 40B. Notification of the application was submitted to the Department of Housing and Community Development. A Site Approval Letter was issued to the Applicant for the subject property by Town Manager, Mark Ells on April 27, 2017. Notice of the Site Approval Letter was sent to the Department 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 on May 15, 2017. A public hearing . before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on May 26, 2017 and June 2, 2017 and notices were sent to all abutters in accordance with Section 11 of MGL Chapter 40A. ` v Town of Barnstable Zoning Board of Appeals • Decision&Notice—Comprehensive Permit No.2017-046—Litenski Findings of Fact At the hearing on June 14,2017,the Hearing Officer made the following findings of fact: Concerning standing,the right of the applicant to seek a comprehensive permit,the Hearing Officer found: 1. The Applicant, Ereneu Litenski, is the owner and occupant of the property located at 7 Thach Lane, Hyannis, MA, as evidenced by a deed recorded at the Barnstable County Registry of Deeds on March 16, 2017 Book 30355 Page 98. A signed Affidavit dated March 24, 2017 declares that 7 Thach Lane, Hyannis is the primary residence of Ereneu Litenski. 2. The application for a comprehensive permit was made in accordance with the Town of Barnstable's Accessory Affordable Apartment Program,Chapter 9 Article II of the Code of the Town of Barnstable. That program is structured as a self-regulating income-limiting local initiated housing program, a qualified funding program accepted under the Code of Massachusetts Regulations 760 Section 56.00 that governs grant of comprehensive permits. 3. In accordance with MGL Chapter 40B and 760 CMR 56.04 (4), a Site Approval Letter was issued to the Applicant for the subject property by Town Manager, Mark Ells on April 27, 2017. Notice of the Site Approval Letter was sent to the Department of Housing and Community Development, in accordance with the requirements of 760 CMR 56.04(2),and no issues were communicated from the Department on this application. Regarding consistency with local needs, the Hearing Officer found: 4. The Applicant is proposing to transfer Comprehensive Permit No. 2006-082 to reflect his new ownership. Comprehensive Permit No. 2006-082 sought to convert 600 square feet of area on the second floor of the existing detached garage on the same lot as the principal dwelling. To permit the apartment as an accessory affordable unit under Chapter 9 Article II of the Code would represent no perceivable change in the neighborhood. 5. The Building Commissioner performed an initial review of the property and determined that an accessory apartment unit can be created in conformance with applicable state building codes. Prior to occupancy,a building permit shall be required and hardwired smoke detectors and carbon monoxide detectors shall be upgraded/installed and the unit shall meet all requirements of the Building Code. 6. The property is served by an on-site septic system adequate to accommodate the addition of a one-bedroom unit on the property. 7. The Applicant has been informed that building and occupancy permits shall be obtained prior to occupancy of the accessory apartment. This step is required to assure final approval that the apartment unit conforms fully to all applicable building,fire,and health codes and this decision. 8. The Applicant has been informed that upon certification of this Comprehensive Permit by the Town Clerk, a Regulatory Agreement and Declaration of Restrictive Covenants, restricting the accessory apartment unit in perpetuity as an affordable rental unit shall be executed. Thereafter both the Comprehensive Permit and the Agreement shall be recoded at the Registry of Deeds as binding covenants on the property. The documents limit the apartment to that of an affordable unit 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 cap the monthly rental income (including utilities)to 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. 2 Town of Barnstable Zoning Board of Appeals • Decision&Notice—Comprehensive Permit No. 2017-046—Litenski 9. According to the Massachusetts Department of Housing and Community Development,Subsidized Housing Inventory,the Town of Barnstable has 6.6%of its year round housing stock qualified as affordable housing units. The town has not reached the 10%statutory minimum affordable housing required in MGL Chapter 40B or met any of the Statutory Minima provided for in 760 CMR 56.03(3). 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. This application and the location of the unit conform to that objective. Based upon the findings,the Hearing Officer ruled that the application of Ereneu Litenski is 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 certain conditions are imposed. Decision &Conditions: The Hearing Officer ruled to grant Comprehensive Permit No. 2017-046 to Ereneu Litenski for 7 Thach Lane, Hyannis to allow the transfer of a one-bedroom affordable apartment unit within the existing detached garage at 7 Thach Lane, Hyannis as provided for in Chapter 9,Article II of the Code of the Town of Barnstable and in .conformity to the following conditions and restrictions: 1. Occupancy of the affordable unit shall not exceed two'(2) persons. . 2. The number of bedrooms in the Accessory Affordable Apartment shall be limited to one(1). 3. Family members of the applicants/owners shall not at any time occupy the accessory unit. 4. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the Accessory Affordable Apartment Program including income information of the tenant and rent and utility payments. 5. All parking for the accessory apartment and the principal dwelling shall be on-site. Overnight on-street parking is expressly prohibited. 6. Accessory lodging or renting of rooms is prohibited for the duration of this Comprehensive Permit. 7. The applicants shall, after certification of this Comprehensive Permit by the Town Clerk: a. execute a Regulatory Agreement and Declaration of Restrictive Covenants, as approved by the Town Attorney's Office, and b. make application for a building permit with the Building Division for the accessory apartment. Work required to bring the unit into compliance with present day code standards shall be completed prior to issuance of a Certificate of Occupancy for the accessory apartment. 8. It is the explicit intent that the applicant secure an occupancy permit and the unit,be occupied by qualified tenant(s) as restricted by this comprehensive permit within one-year of the certification of the permit. The Building Commissioner and/or monitoring agent may extend this time for good cause. 9. To meet affordability requirements,the rent charged (including utilities) shall not exceed 30%of 80%of the median income for the Barnstable MSA, adjusted for family size, as calculated and published annually by the Town of Barnstable. In the eventthat utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 10. The applicant shall.engage in open and fair marketing of the unit and provide documentation of the activity to the Housing Coordinator/Monitoring Agent. 11. Information regarding the income level of any prospective tenant shall first be submitted to and approved by the Housing Coordinator/Monitoring Agent before any lease is signed. 3 I f4 Town of Barnstable Zoning Board of Appeals Decision&Notice—Comprehensive Permit No. 2017-046—Litenski 12. Annually,the applicant shall work with the Housing Coordinator/Monitoring Agent to provide necessary information and documentation of tenant income eligibility and conformance with the Accessory Affordable Apartment Program. 13. Whenever a vacancy occurs, notice shall be given to the Housing Coordinator/Monitoring Agent before reengaging the tenant selection process previously cited. 14. Annual Income,to determine program eligibility,will be calculated per 24 CFR Part 5. 15. The Housing Coordinator of the Growth Management Department shall be the monitoring agent for the accessory apartment.Annual monitoring shall include verification of tenancy, affordability, and compliance with Comprehensive Permit.The homeowner shall be responsible for the fee for Housing Quality Standards (HQS) inspections. 16. Every twelve months the applicant shall review the income eligibility of the tenant of the Accessory Affordable Apartment unit. No later than a year from the date of issuance of this Comprehensive Permit,the applicant shall file with the Housing Coordinator/Monitoring Agent an annual affidavit stating the rent charged and income of the unit tenant along with all required supporting documentation. The property owners and/or tenant shall provide any additional information deemed necessary to verify the information provided in the affidavit and annual monitoring documents. 17. Upon any report from the Housing Coordinator/Monitoring Agent that the terms and conditions of this permit -are not being upheld,the Hearing Officer of the Zoning Board of Appeals may hold a hearing to revoke this permit or cause enforcement action to be taken for compliance. 18. This Decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be recorded at the Barnstable County Registry of Deeds prior to application for a building permit. 19. Should ownership of the subject property transfer,the permit holder identified herein shall notify the Housing Coordinator/Monitoring Agent 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. This Comprehensive Permit shall be exercised as conditioned herein or it shall expire. Ordered Comprehensive Permit No. 2017-046 is granted with conditions to Ereneu Litenski for property addressed as 7 Thach Lane, Hyannis, MA.This permit is not transferable without prior permission of the Hearing Officer.The zoning relief issued in this Comprehensive Permit is that of a variance to Section 240-11(A) &240-13(A) Principal permitted uses in the RF Zoning Districts to permit a one-bedroom accessory affordable apartment unit within the .principal dwelling. A written copy of this decision will 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 and provided that the members of the Zoning Board of Appeals take no action to reverse the decision,this decision shall be filed with the Town Clerk's Office. It shall then become final only after 20 days has expired and certified by the Town Clerk that no appeal was filed on the decision: Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. Brian Florence, Hea ng Officer Date Signed 4 I y Town of Barnstable Zoning Board of Appeals Decision&Notice—Comprehensive Permit No. 2017-046—Litenski I Ann Quirk, 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 thisd day of �� under the pains and penalties of perjury- ell, elk Ann Quirk,Town Clerk a o Mtt"NSTABL MASS, . a 1639. A�NSTABLE REGISTRY OF DEEDS lohe F. Meade, Register 5 'L REGULATORY AGREEMENT AND DECLARATION.OF RESTRICTIVE COVENANTS THIS . FGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this—Lr day of��aA, , 20-a,by and between Ereneu Litenski of 7 Thach Lane, Hyannis, 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 7 Thach Lane,Hyannis, MA, as further described in a deed recorded herewith as Barnstable County Registry of Deeds Book 30355 Page 98. B. The Project located at 7 Thach Lane, 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. 2017-046 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book �� Page 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 FOLLOW: 1 In receiving the comprehensive permit to create the Designated Affordable unit, the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2:. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable MSA and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Dcsignated 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 carryon business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in.order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also 'deemed to be satisfied in full. C. LIMITATION ON PROFITS 1, The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable Metropolitan Statistical Area (MSA) and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered, a utility allowance.established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification, a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY, through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (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. , 2 S IV. RECORDING OF AGREEMENT: Upon execution, the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the "Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable, the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. ' V. GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested, to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents, servants or employees which result in claims made against . Municipality and/or its delegate,including but not limited to awards,judgments, out-of-pocket expenses and attorney's fees necessitated by such actions. VIII. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing, executed by the parties,and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall run with the land described in a deed recorded herewith as Barnstable County Registry of Deeds Book 30355 Page 98 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 a deed recorded herewith as Barnstable County Registry of Deeds Book 30355 Page 98. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however, that the Owner of a Designated 3 a Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said. dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive.permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be, thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. X. SUCCESSORS AND ASSIGNS: .A. The Parties to this Agreement intend, declare, and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. 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. X1. 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 any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XII. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this Jig day of J UtiK. 20/`7`7. OWNER BY: Signature Printed Name: i 4 L COMMONWEALTH OF MASSACHUSETTS County of Barnstable, ss: On this /' day of vn�� 20 before me,the undersigned notary public,personally appeared F-a^e 9 g u ,the Owner(s),proved to me through satisfactory. evidence of identification,which were 4 on'd JC ,�/� , to be the persons) whose name(s) is signed on the preceding or attached document and Vknowledged to be that he/she signed it voluntarily for the stated purpos Nota ublic Printed: 14 f)Y2 - t^c My Commission Expires: ' .FSF 1'.it•i2 i��_ ANNA BRIGMAIM! Notary Public CC 1iINEA1.TH OF My Commission E9�itas _ t. August 21. 20201 r Q gym. ; TOWN OF BARNSTABLE '°P"araaaaa+n++�`°�� BY: 1 O NAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable, ss: On this day of DOW 20 1'S before me,the undersigned notary public,personally appeared AhA4 ; , 9-11-� U , le Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were (0 to be the person whose name is signed on the preceding or attached document and acknowled ed to be that he/she signed it voluntarily for the stated purposes. Notary PAC Printed:3 h i fift,M&I 04Q�j: My Commission Expires: la��? - 46A6 A SHIRLEE MAY OAKLEY e _ - Notary Public COMMONWEALTH OF MASSACHUSETTS My Commission Expires Fff f f l 0 911 l k It l! March 11,2022 5 BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register I _ WAVOMIRM mi_■■ ■ 1 ! !■+ �!■!■ONE■NONE■■■ ■■NEE■■■EEC O■■■E■■O ■INNS ■■■�����!�!`��■� � " ' � . IN�I ■E MOON /IKENN EEOON ■■111- _ . 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I I1E STRUCTURE, ' SHOrm HEREON, WAS LOCATED III THE FIELD F i_AfJ ")HO " I NG STRUCTURE URE ON .c�c3, . 27 107h ADD DOES OU CONFORM TO. THE ZONINM STET-BACK PEGUIREf.E[ITS OF.TRE TOWK-1 OF���yT.�l�s-�' , MASSACHUSETTS_ � i rl of6+3 T ERED UlUD �IfI:'t- tti OF 1G1,gs ATE ��� S9ey c; 76,14 a JAMES. Gr ATS o LAPSLEY r" -`� Rt3 No.72597 `oF1ME � Town of Barnstable BARNSIABLE. • Regulatory Services 7 MASS. Building Division p�EO MPS►• 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 a, Fax: 508-790-6230 � i Inspection Correction Notice � Type of Inspection 14 � 0 � S 1 �' Location 7 `t-A `rC�-� Permit Number Owner Builder One notice to remain on job site,one notice on file in Building Department. The following items need correcting: s �s r 0 7A i2-5 70 ,TV cJ' 4P-6 r=2-a M`ir D Th52 S �}4f �i9 to 1 7 0 of 6 7, CA &b K c' a-tA-i L- - HOT- /7 Please call: 508-862-4038 for re-inspection. Inspected by Date Y Program Pro ram Helping to make affordable housing pos ible. Town of B ol"M Certificate of Compliance . This certificate indicates acceptable minimum habitable requirements per Massachusetts State.Building Code and Town of Barnstable zoning ordinances in accordance with the Amnesty program.. . Owner Richard.A Shinn. Location 7 Thach Lane; Hyannis, MA r Unit Capacity One droo not to exceed two eo le Inspector M/P No..292-090 7/26/2012: °F`"ETA Town of. Barnstable xsrns�e Building Department-200 Main Street �$ . �0m Hyannis, MA 02601 '°TFo MAY`" Tel. (508) 862-4038 Certificate Of Occupancy Permit Number: B-17-1159 CO Issue Date: 11/13/2018 Parcel ID: 292-090 Zoning Classification: RB Location: 7 THACH LANE, HYANNIS Proposed Use: Name of Tenant: Sprinklers Provided: Gen Contractor: Permit Type: Residential -Single Family Type of Construction: Design Occupant Load: 0 Comments: FOR APARTMENT ABOVE GARAGE 2 2 Building Official Date: A Certificate of Occupancy is Required Prior to Occupying Space Building Code: 780 CMR 8th Edition 0 9 MO(YO i6s9'',eg Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Comprehensive Permit 2006-082 — Shinn. 2012 Transfer Request- MGL, Chapter 40B Summary: Transfer of Comprehensive Permit Date: April 11, 2012 Applicant: Richard A. Shinn Property Address: 7 Thach Lane, Hyannis, MA Assessor's Map/Parcel: Map 292, Parcel 090 Zoning: Residential B Zoning District Zone of Contribution GP Groundwater Protection District Recording Information: Deed Reference: Book 26004 Page 327 Comprehensive Permit: Book 21635 Page 89 Regulatory Agreement Book 21635 Page 93 Date Hearing Opened April 11, 2012 Date Hearing Closed: April 11, 2012 Property Ownership: The applicant is Richard A. Shinn, who is the owner and occupant of 7 Thach Lane, Hyannis, MA. Mr. Shinn was granted title to the property by deed recorded in the Barnstable County Registry of Deeds on January 17, 2012 as recorded in Book 26004, Page 327. Relief Requested: Mr. Shinn seeks to transfer the existing Comprehensive Permit 2006-082 Goodwin to reflect the transfer of property ownership. Locus: The property at issue is a 0.35-acre lot located at 7 Thach Lane-in Hyannis.The lot was developed in 1972 with a single-family ranch style home. The effective living area of the main residence is 1,392 square feet. The accessory apartment is a one-bedroom unit located above the detached garage. The square footage of the rental area is approximately 600-square feet. Site Conditions: The lot is served by public water and on-site septic, and is located within a Groundwater Protection Overlay District. Procedural.& Hearing Summary: The Public Hearing was opened on April 11, 2012 at 6:00 p.m. by the Hearing Officer Laura F. Shufelt. Cindy L. Dabkowski, Accessory Affordable Apartment Program Coordinator was present. Laura F. Shufelt granted transfer of comprehensive permit No 2006-082 Goodwin to Richard A. Shinn Bk 26541 Pg 228 #43207 Town of Barnstable,Zoning Board of Appeals Transfer of comprehensive Permit No.2006-082-Richard A,Shinn 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 on the Comprehensive Permit: At the hearing on April 11, 2012 the Hearing Officer made the following findings of fact: .1. All findings and conditions of approved Comprehensive Permit No. 2006-082 recorded at the Barnstable County Registry of Deeds on December 21, 20.06 in Book 21635 Page 89 shall remain in full force and effect and is modified to show transfer of title to Richard A. Shinn. 2. On, October 5, 2006 Comprehensive Permit 2006-082 was granted with conditions by Hearing Officer Gail Nightingale. The effective date of this decision is October 26, 2006. This Comprehensive Permit has been exercised, all conditions met, and the unit occupied. The comprehensive permit is deemed.to run with the land. 3. Richard Shinn has signed an Accessory Affordable Apartment Program Affidavit on December 16, 2011 committing to comply with all conditions imposed-by comprehensive permit no. 2006-082. 4. Richard A. Shinn requested modification of the permit to reflect title transfer of the subject* property to Richard A. Shinn. Mr. Shinn was granted title to the property by deed recorded in the Barnstable Registry of Deeds on January 17, 2012 as recorded in Book 26004, Page 327.' A copy of Wch has been submitted for the record. Ordered: Comprehensive Permit 20.06-082 as originally issued, and as modified on May 9, 2012, is transferred as conditioned above. Transfer of Comprehensive Permit number 2006-082 Goodwin has been- ' ,granted, all terms and conditions of comprehensive permit No. 2066-082 recorded at the Barnstable County Registry.of Deeds on December 21, 2006 in Book 21635 and Page 89 remain in full force and effect. A written copy of this decision was forwarded to the Zoning Board of Appeals as required by the Code Chapter 241, section 11 of the Town of Barnstable Administrative code. 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 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. Laura F. Shufelt, Hearing Officer Date Signed Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massa certify that twenty (20) days have elapsed since the ZoningA �' • :�-Board of Appeals filec�tYhs,de •. ,, g that no appeal of the decision has filed in the office of the Town Clerk. ". ; a Signed-and sealed this -�da of under the pains a p les ry. Y • !+: o D :Av: , Linda Hutchenrider Town 2 BARNSTABLE REGISTRY OF DEEDS Barnstable �IME FLd � �U 4. T. 'Ll�, t jle .. ..1 NH'MIII'(M iYY . _ The Town of Barnstl 111 IZ: 23 9�- a��� Growth Management Department Wwiv.town.barnstable.ma.us/gro.-tvthmanaizemen 2.007 Jo Aim Miller Bui ich Director TOWN OF BARNSTABLE ACCESSORY AFFORDABLE APARTMENT PROGRAM —MINUTES' "I �a. "'"A'"-ri1111 2012 -6s00 m —Town"Hall Hearin 'Room p_ ,, P g Present: Laura F. Shufelt,Hearing Officer,Cindy L. Dabkowski,Accessory Apartment Program Coordinator • Hearing Officer Laura F.Shufelt called the meeting to order at 6:00 p.m. Appeal No..2011-058 Bridges Granted witfi'Conditions ' . • The Hearing Officer read the legal ad as published in the.Barnsfable.Patriot • Albert W. Bridges IV and Staci A Bridges attended the April 11, 2012 hearing and agreed to all conditions of Comprehensive Permit No. 20.11-058. • Members of the public were requested to comment. • Hearing Officer Shufelt read into the hearing a letter dated March 25, 2012, submitted by Brendon Bricklin of 77 Kilkore Drive.Hyannis. Copy submitted as attachment 1. • Hearing Officer Shufelt acknowledged receipt.of letterdated April 2, 2012 from Doria and George Majliaroudakis of 64 Kilkore Drive, copy submitted as attachment 2. • Doria Malliaroudakis of 64 Kilkore Drive spoke of parking concerns at 78 Kilkore Drive Hyannis. • Doria Malliaroudakis also spoke of traffic flow on Kilkore Drive Hyannis,MA • Wayne Petrucci Sr. spoke of possible overcrowding,of other homes on Kilkore Drive Hyannis. • Ms Shufelt confirmed understanding of all Comprehensive Permit conditions with Mr. and Mrs. Bridges. The hearing officer ruled to grant Comprehensive Permit No. 2011- 038 with conditions Action: Comprehensive Permit No. 2011-058 Bridges is granted with conditions AppeaFNo :2012-012 Petrovits CHapter 406,.CornPret ensive"Permit - • The Hearing Officer read the legal ad as published in the Barnstable Patriot • Mark B Petrovits attended,theApril 11, 2012 hearing.and agreed to all conditions of Comprehensive,Permit No. 2011-058 • Members of the public were requested to comment, no-one spoke • Ms Shufelt ruled'to grant Comprehensive Permit No. 2012-012 with conditions Action:.Comprehensive Permit No. 2012-012.Petrovits is granted with conditions 6:00 PNt AA p( Na 0082 win Afa ifieat on' • January 17,2012'a deed:was recorded:at the,Barnstable County-Registry;of deeds transferring ownership of 74hach Lane H.yannis,,MA to Richard'A. Shinn. • The property is addressed:,7,Thacl Lane Hyannis:MA-and; shown on Assessor's MapP2=as parcel 090 it�is in.R6 Zoning District�,;_J • ComprehensiveRermit No. 2006-082 w s modified,to show Richard A Shinn as the propertyo_wner. ..,�.. .. ...�_:.,: ... .._ . ..... Hearing officer approved minutes from March 14, 2012 as written Hearing officer confirmed next meeting:May 9,2012 There being no other business the hearing adjourned at 6;45 p.m.. 367`Main Street,Hyannis,MA 02601 (o)508-862-4678(f)508-862-4782 I Coyle, Brenda From: Coyle, Brenda Sent: Thursday, July 28, 2011 9:45 AM To: Dabkowski, Cindy Subject: Amnesty File Importance: High Hi Cindy, Just a note to make you aware, I just received notification that the owner of 7 Thach Lane, Hyannis. The owner is deceased Jacqueline Goodwin. If you have any questions, please give me a call at x4039. Thank you, Brenda Coyle Building Division Assistant 1 OFTHE rqk, Town of Barnstable �O Regulatory Services + BARNSTABLE, 9 MASS. Thomas F. Geiler, Director 39. 6.� Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 January 29, 2007 Jacqueline F. Goodwin 7 Thach Lane Hyannis, MA 02601 Dear Ms. Goodwin: Enclosed is the Certificate of Occupancy for your Amnesty apartment. We have forwarded the Amnesty Certificate of Compliance to Madeline Taylor, Amnesty Program Coordinator. Sincerely, Lois Barry Division Assistant Enclosure jamnco Amnesty Program p. Helping to make affordable housing possible. ,r i own of Bamsta.ble .. Certificate of C.0m` Ce.. :'j. p This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code and Town of Barnstable zoning ordinances in accordance with the Amnesty program Owner Jacqueline F. Goodwin Location 7 Thach Lane,-Hyannis,':MA Unit Capacity O edr m not to exceed two 'eo le:- Inspector M& No 292.090 4 1/2 /2 007 �tHE, Town of. Barnstable ti Building Department - 200 Main Street BARNSTABLE, * Hyannis, MA 02601 9 MASS. 1639. . (508) 862-4038 Certificate of Occupancy Application Number: 200700051 CO Number: 20070009 Parcel ID: 292090 CO Issue Date: 01124/07 Location: 7 THACH LANE Zoning Classification: RESIDENCE B DISTRICT Proposed Use: RESIDENTIAL Village: HYANNIS Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: AMNESTY APARTMENT ISSUED TO JACQUELINE F. GOODWIN Building Department Signature Date igned TOWN OF BARNSTABLEBuildinj �HE Application Ref: 200700051 p BARNSTASLE, Issue Date: 01/22/07 Permit 9 MASS. �p i639• �� Applicant: GOODWIN,JACQUELINE F Permit Number: B 20070119 rFD MA'1 A Proposed Use: RESIDENTIAL Expiration Date: 07/22/07 Location 7 THACH LANE Zoning District RB Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel 292090 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 1 BEDROOM,APT,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: GOODWIN,JACQUELINE F BUILDING SHALL NOT BE CCUPIED UNTIL A FINAL Address: 7 THACH LANE INSPECTION HAS BEE E. HYANNIS, MA 02601 Application Entered by: LE Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY O ERN ANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY HE 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). ® N%M 14 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 j l Map ,Q gam- Parcel O' 1�0 Application Health Division Conservation Division __ Permit# Tax Collector Date Issued/ Treasurer Application Fee Planning Dept. Permit FeeoZ- S—• o c, Date Definitive Plan Approved by Planning Board . Historic-OKH Preservation/Hyannis e4 Project Street Address /7 7-,414e/,e L Village /V5Y,itlAl/.S'Owner J�CQQ C L/A //�� J 6— IC CrDd 2 L0 $J Address Telephone ��� `7 / SD �� ZC Permit Request Square feet: 1st floor:existing 2n loor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes XNo If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) y Age of Existing Structure Historic House: ❑Yes Ao On Old King's Highway: ❑Yes tl�o Rr Basement Type: Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) S Fir. Basement Unfinished Area(sq.ft) Z.Z 4F - .. r Number of Baths: Full:existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths):existing C5 new First Floor Room Count 5— Heat T n Fuel: s ❑ it ❑ Electric ❑Other eat Type and ue Was 0 Central Air: ❑Yes j,11,No Fireplaces: Existing I New Existing wood/coal stove: ❑Yes ❑No Detached garage:V"k"existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size R Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ "'�`•, Commercial ❑Yes No If yes,site plan review# `Current Use ' ` u )U Proposed Use SPNtc,= BUILDER INFORMATION Name Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DE RESULTING FROM THIS PROJECT WILL BETAKEN TO SIGNAT DATE FOR OFFICIAL USE ONLY 4 , PERMIT NO. ' DATE ISSUED MAP/PARCEL NO. . k ADDRESS VILLAGE i . OWNER i DATE OF INSPECTION: FOUNDATION FRAME INSULATION t FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING - DATE CLOSED OUT ASSOCIATION PLAN NO. �^ r:y-'ems o _ �'a - -[♦ � 2 e f E�� o r - w Q ri Qj J)o 6 pr i / 43 } r A ` d 4, t !, � 1 ` 7 s �n z i 1 HEREBY CERTIFY THAT TIUS PLAN WAS PREPARED FRG:..i THE LATE3T AVAILABLE 'PLANS AWD_ DE.ED3 OF RECOE•D. WE —STPUCTUt.E=, ' i SHOWN HEREON, WAS LOCATED ED Irr T rlt� f �I=r E� : �€_�'��'J �i180�"d1E'JG S�"RUCTI�ZE ON .���, . z7j 197h MID DOES Cf5 CONFORM TO.-THE ZONING SET—BACK PEGLIIREC.:cG)`fS OF THE TOWN OF�7^✓�J�T��i � , MASSACHUSETTS. � ®GZ;aERED LAUD Sttt:°V _. Gl!1SS. �lk OF M4 A, JAMES. CA(APSLEY ,¢No.22597L0 Town of Barnstable „P Regulatory Services sAzuvsTASLe, ' Thomas F.Geiler,Director MASS. 1639. Building Division �fc a Tom Perry,Building Commissioner 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: JOB LOCATION: nu/mber/' street vi ge "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: Lid, ci /town sta a zip code The current exemption for"homeowners"was extended to include owner-occuRied 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. 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 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 State Building Code and other applicable codes,bylaws,rules and regulations. wn-oflDarnstable Burl ' Mt:ion procedures and requirements and that he/she will comply with said procedures and r;requir Signature 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 of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt 12-21-20 6 BARNSTABLE BARNIMADLY f6 •'$ '06 OCT -5 P 2 :56 Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2006-082 -Goodwin Decision - Chapter 40B Comprehensive Permit Applicant: Jacqueline F. Goodwin Property Address: 7 Thach Lane, Hyannis,MA Assessor's Map/Parcel: Map 292, Parcel 090 Zoning: Residential B Zoning District Applicants: The applicant is Jacqueline F. Goodwin, who resides at 7 Thach Lane,Hyannis,MA. Ms. Goodwin was granted title to the property by deed recorded in the Barnstable County Registry of Deeds on March 2, 1979 as recorded in Book 2880,Page 154. 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 adjacent to a single-family owner-occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit over the detached garage. Locus and Background: The property at issue is a 0.35-acre lot located at 7 Thach Lane in Hyannis. The lot was developed in 1972 with a single-family ranch style home. The effective living area of the main residence is 1,655' square feet. The accessory apartment is a one-bedroom unit located above the detached garage. The square footage of the rental area is approximately 600 square feet. The lot is served by public water and on-site septic, and is located within a Groundwater Protection Overlay District. The town of Barnstable's Public Health Division reviewed the application, and on July 28, 2006, approved a total of three(3)bedrooms at the property with the existing on site septic system. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Growth Management Department on August 14, 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 Officermas duly advertised in the Barnstable Patriot on August 25,2006 and September 1, 2006, and notices were sent to all abutters in . accordance with MGL Chapter 40B. On September 20, 2006, Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Jacqueline Shinn, 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. I Findings of Fact on the Comprehensive Permit: At the hearing on September 20, 2006 the Hearing Officer made the following findings of fact: 1. The applicant is Jacqueline Goodwin who resides at 7 Thach Lane, Hyannis, MA. She is requesting a Comprehensive Permit to convert an existing unpermitted one-bedroom apartment above the detached garage into an accessory affordable apartment. The conversion of the unit to an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for the"Accessory Affordable Apartment Program." 2. Jacqueline Goodwin was granted title to the property by deed recorded in the Barnstable Registry of Deeds on March 2, 1979 as recorded in Book 2880,Page 154. 3. On August 14, 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 600 square feet, and is located above the detached garage. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. .6. The house is served by public water and private on-site septic and is in an identified Groundwater Protection Overlay District. The proposal has been reviewed by Thomas McKean,Health Director, and he has approved a total of three (3)bedrooms at the property with the existing on-site septic system. 7. On June 5, 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 her principal residence. 8. The applicant understands that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of the Barnstable Metropolitan Statistical Area (MSA) and further agrees that rent(including utilities) shall not exceed 30%of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of September 20,2006, 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 s j Finding Summary: Based upon the findings, the Hearing Officer ruled that the applicant has standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the.health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicant,Jacqueline F. Goodwin. It is issued to allow for a one-bedroom accessory affordable apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two persons. 2. The total number of bedrooms on the property with the existing on site septic system shall not exceed three(3). 3. The property owner shall occupy the principal dwelling as her principal residence. 4. This unit shall not be occupied by a family member of the owner(s). 5. All parking for the accessory apartment and the main dwelling shall be on-site. 6. To meet the requirements of affordability, the cost of housing (including utilities) shall not exceed 30%of 80% of the median income for a single individual for the Barnstable MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be. deducted from rent level so calculated. 7. All leases shall have a minimum term of one year. 8. The Growth Management Department shall serve as the monitoring agent for the accessory apartment. 9. The applicant must apply for a building permit for the accessory unit,whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance,the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 10. The applicant may select her own tenant provided the tenant meets the requirements of the. program as cited above and provided that person's income is reviewed and approved by the Growth Management Department of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs, notice must be.given to the Growth Management Department and the unit must be listed with the Town. 3 11. Every twelve months the applicant shall review the income eligibility of the individual occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit,the applicant shall file with the Growth Management Department of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board oy 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 2006-082 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 September 20, 2006. Fourteen (14) days have elapsed since the transmittal to the Board,and no Board Member has taken action to reverse the decision. Gai ightingale, Idaring Of er Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts,,hereby certi5v that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has b/eq;,.filed in th. ffice of the Town Clerk. Signed and sealed this! 1�44��1ay of p "^`,under the pains and penalties of perjury., Linda Hutchenrider, Town Clerk 4 Bk 21635 Ps 93 g79676 1 2-21-2006 a 1 1 _ 41 a REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS RE(rULATO Y AMIENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 0 day of �' )2006,by and between Jacqueline F. Goodwin of 7 Thach Lane (formerly addressed 11 Thach Lane),Hyannis,MA 02601 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 7 Thach Lane, Hyannis, MA 02601 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 2880 &Page 154: B. The Project located at 7 Thach Lane,Hyannis,MA 02601 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. 2006-082 and any plans submitted therewith and all applicable state,federal and municipal laws and regulations.- Said rmit is recorded herewith as Barnstable County Registry of Deeds �J Book&Page . 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. TT-JE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of . 80% of the Area Median Income (AMI) of Bamstable 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 (MBA) and that rent (including utilities) shall not exceed an amount-that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that.the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent'charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. 2 i 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,pan 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 HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated bysuch'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 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 by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 2880 & Page 154 and shall be binding upon the Owner and all successors in title. This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in deed recorded herewith as Barnstable County Registry of Deeds 2880 Book&Page 154. 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. X. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors 3 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 mayperfect 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 any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XII. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this 3'-�ay of 2006. . OWNER BY: ature .Printed:Jacqueline F. Goodwin_ COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this day of 2006 before me,the undersigned notary public,personally appeared Ja L&Q Fv. v., ,the Owner(s) proved to me through satisfactory evidence of identif cation,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 My Commission Expires: "'Notary Public Iop�ea!th of Massachusetts y..Ammission Expires becember 4;2009 4 f TOWN OF BARNSTABLE BY: TOWN MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this Lday of C� ' — 2006 before me,the undersigned notary public,personally appeared 1 ,the Town Manager for the Town of Barnstable,proved to me through satisfactory evi ence of identification,which were ow V40,4 ,to be the person whose name is signed on the preceding or attached document d acknowledged to be that b /she signed it voluntarily for the stated purposes. Notary Public Printed: My Commission Expires: UNDA P.WHEELDEN ROTARY PUBLIC COMMOUgMTH OF MASSACHUSETTS My Coma Expires 02-23-2007 5 �� fa► y![fJ/ s q '1 t ,•s'�Si a�?,�}� ; �,'��:�s�"-Qa�': ♦� } r��y, t � ':�c3,,��r � ia�s{i i"�i tyl� IDS" ''f�i�j r"�r f i�`,-f,�� tir.a, kt'� xl k"�i,x" r� g s ?: t 1». lf...� `1}CY' �I'•y'���?,�sxv�p,r ?�,SYrx� '�� ���'s�l ��, � r �''.' �'li 'ter �� •� � t a T$'.<: s/'s_ , "; i� pl. � "'''•ri ► ..k� 4 �j ..,- + s n'"IVb. t 4 r •�, t''r » s .i+ tt j{ �• rdf ' a�, t`�: IA Ole'a�+ ti. r � � r, ''�t6��;�!.�y �b'�`. st 1 6+� w l '+d f'7e �r �•�'' 1 1 ��,.t,�'7yi,4 r.s�?)y(}�""��� �'�S+�x.` , -s\ �a ! / �f�f ��y �p•.� � NNi" ;rya,` day` d`k'.,1-:. �' �d � lt`'•,'art pij>.`' .;>fi �yi�"•�``vrsh''�4'1f j•.1 e,4�/rw�d �A �i- ��t• �I��' 'F4% ����! !« *.. h "- "—,N� - �r '�'�;� � w.ff' vt�}.;t?/�"S^�`l:Tt l} ��� !{� � �a t yy. 9l1 �i� f c _ S� , L • Yt1,5 k` +L. fR si 7• ;t. 1'4; !4.e`}!� •@i� erg,sr ilY/s':, Y pr.!'+;ai: f t d ♦1 ti f t Ir ' < E it S I ?ly .9t ► '} r ti" v r,3 + ` - �1 �'. ctr•i �,�,� 4•q,�:r '.•F��iI�d ' '�..�T�f,�,d1.�.' 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P au Y t .' a .. r.. ! 7,,, t'Y' �!I• nth' �mm �IYi. � � r.' I! �q r c � a y , 1 .r. `.."� i ''„. .,. .. .' fir,. �`,9§. a., 7y.a.:'' c - t;?}* ,T't•.. '''"` 'orb"„y�,W e . .�,,,.3�: $."'�'..�-�i�•-,;...,_ �.s�»t e� +� �° may.:`t, a , r•��a.. , w` 74- pro r �pF1HE lop, Town of Barnstable Regulatory Services BMWSTAMASS. Thomas F.Geiler,Director y nss. g �A s63q. �0 lE039. & Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 March 31, 2006 Ms. Jacqueline Goodwin 7 Thach Lane Hyannis MA 02601 Re: Illegal Apartment—7 Thach Lane Hyannis, MA 02601 Map 292 Parcel 090 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. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty Program • Prove that this is a legal multi-family home. Please contact this office immediately to tell us what direction you wish to take. Sincerel Lind dson esty Program Zoning Officer Building Department gforms:zoning3 Assessor's office(1st Floor): , p q Assessor's map and lot number /c 6 / 4 ��r ' yoSINE Board of Health(3rd floor):Sewage Permit number = Dsaa9TsnLt Engineering Department(3rd floor): riva � House number °o +63V• Definitive Plan Approved by Planning Board 19 APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE BUILDING: INSPECTOR APPLICATION FOR PERMIT TO TYPE OF CONSTRUCTION (A t`-3C AM EE y 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following`information: r' Location_ ��-1 � AE MIX 2-iCflb � Proposed Use �a��}�� 11:2 Zoning District Fire District Name of Owner 20 Wages � �� 11_� �� Address � —134A011 � ��e���l�l.�l1�� Name of Builder Al C= Address Name of Architect Address Number of Rooms 6kys Foundation (10,L-3c Exterior �,Nry--Jn LS�3 -)( t Roofing Floors _ '/l — - - Interior Heating �� ( r- 'Plumbing Fireplace Approximate Cost aCe60 Area Diagram of Lot and Building with Dimensions Fee �� OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS V } I hereby agree to conform to all the Rules and Regulations of the Town of arnstable regardingi a•cove construction. 5 Na �t Construction Supervisor's License e I `-M SHINN, RICHARD A. No 33998 Permit For Build Addition ..Single Family Dwelling 7 Thach Lane Location `-" Hyannis Owners-Richard A. Shinn - - Type.df,Construction Frame Plot ..` Lot. 10 y t Pefmit'dfanted `.October 2 , 19 90 - Date of Inspection _ 19 Date Completed 1130,191 - 19 r . ♦... 4_ r.l - F � nW..y {:,.1 - . r-�1..�$wN-v ati' [`9 'rL'„oT''Y..•..^icw.+.#♦T'aVd- —...�...naa.Rei.yq R a - r Y a Assessor's office(1st Floor): ..++`��4 Assessor's map and lot number a C F Board of Health(3rd floor): 1,Y, Sewage Permit number ! Z DADd9TeDLL i Engineering Department(3rd floor): ,y , NAus House number ���!'! °o 1699► Definitive Plan Approved by Planning Board 19 �Fo rev APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE BUILDING * INSPECTOR APPLICATION FOR'PERMITeTO-�'' TYPE OF CONSTRUCTION Lk C 6--) T-2Q A 19 TO THE INSPECTOR OF BUILDINGS: The undersigned herebyfor a permit /according.to the following\information: Location ' i �wy\ l 1�1I�]l- t—i I A k f.-)l Proposed Use �_`<�? �.� J n Zoning District Fire District r r / Name of Owner 1f�t-11f12 n f 1 11 l Address � -T-"11A !� t fF11 )(= - �� r 1 �1.�► - - � r . Name of Builder. I Address x� J � Name of Architect Address.._ 12 Number of Rooms / - Foundation 0C-)I` f � Exterior �,t'�C-?f'a �1�i i �t-,lS Roofing r Floors`f- - - t Interior / t/l(-�x f Heating `7-- r`t �f! '� ,c' ( _�, - Plumbing IU/ Fireplace 1/ -� Approximate Cost Area Diagram of Lot and Building with Dimensions �� f , Fee 1 t Jf } I Ir { OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS ' 1 I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. .- IN.N 1 Name = - Construction Supervisor's License 'S SIIINN, RICHARD A. A=292-090 4n -a� . No 33998 Permit For Build Addition Single Family Dwelling Location 7 Thach Lane ` Hyannis Owner Richard A. Shinn Type of Construction Frame Plot Lot r _ Permit Granted October 2 , 19 90 Date of Inspection 19 Date Completed 19 PERMIT OOMPLP- 1 1 « I + I � T , � I - z e is ' r 1 �e- II I 1 I , 7f 4- 1 I _ 1 I I rC/d + I G � E + 1 � 1 � � _RA •Sh� t ' `tY^Aj IS, - ,._ t---r— --+- ----`,1.4'^•"� ..._�3tL-�_�._-.i.. ,. ...r..�_ ����.L _ +- .- .i - -* + --+---+----,----4- -- + - +-- -s_. -�----_t_-"+' _ F-- i-- '•- -i-�-+- +- -�- tee• - . -.. _ �.� _y_-,_- F- � F � - - �-+---- •rt. --}...- �.-T- ^''�"-t-----+- -h-- -� -- ♦---- i_�_.:-v.-•_-.-•+- �.� _ �.- ..�-1 i t.�ft-ir � .!Sd•,k fit+; 1 f 1 1 I I r j 1 � • i'� ,[-�--�--4 --jam----{—f---�!-- � ;#• T- F i a -r"3,:.,�''�"'T'�=�..�'y� I"''_'__i-"_e'•-"_-{"'-'_'-"--'�-_--'1--�„1�"'�""'ri-*r ��.�..��---1 ! r I 1 1 � +_ ! I 1 * I 1 _ r �--a••i - --!'—'�-t•-�.'�'Wsi a--4 ! -4--s-ar«�-�'-. � ' -#�.i__..,./ - --a-- + - � ��__{.__—�' - 'ry-+_-�..- f f 1-Ye_ _t � T• 1�'i'--'�^••!- _ , t -_--•-•.�' --i--'`--t_ -�--F.a.�••t- i.. � I�--!'-•---Y�. •i 1 � L f -�F-----'4- 4 - .` F -{•• _+ 1 1 -4 0I r r -f+-�__•i'." I I i I •r- F - I t I r s a It +�� � r' � { +—•--f F,•--•-3 a—t F ++r--'- F t�.--.'•-#'!-a-�-= 5��' 1 � t -:--;- •�--'i �a T '{ -•a----#-•-`;•--- t---•f-- !-_ ---- r F. i F ti•-----i--- -i- �L h' i i--- � F F•-.."_to'_•"1'_..`...I"" 1 h—a" � �} i••�-'a+,+*sT•"'_"'.�,..'_"'•T -••�•---t-•.�.� .-, +..--'!--„-.•.--+ . __ F- - .. , +— a •� +- F----! F- --y------a --F--;�—+—� 1 4 ! 4 I 4 t 4 y ---i-�#-- � Z � � F s..,,: .- ��..,-__+_ - __ 1 }.- - � 1 � i 1 it F � 1-•�-��r+ 4 _` _I � I �•1 1 ` � -•�� I�T� Y� _ � _ � i 4 � .. __.-. _w - - - 1 - -Y—F � T a .•----:---•-r_-_-". - - -=- I � � - h -'-1- }=�e�,....t-.��- -jam.-'i---- ... ,j •i- ' •-� _t�:�,��:s-.. • �•. -'?'--- -. - --} - 1- -i ---, ---�--"--�—a- F a + •`--.-F f--�"f"-r-y -t�- +--+•---f---.�.._{-_..._.) � i -i -•}•-�-ya�_ {.__+_ f•—+---i.---�_{` ..... t- ---f'..-{. _ i..� .!3 f----+�.-F--—�-•-�--r•-- -•�„—.— �- 1 r _.t-�-'t-----_�.�•.� 4 1 f —# } { --a-- I � �':4-a�.t1' --t� I } I ` ..,.y � I _ j 77. SE - � r 1 / - - _ -- -- --- �-� _ s _a I -x- ! - - -1 Ic - -- Or I - _- TOWN OF BARNSTABLE BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please print. I DATE LZQ --Z JOB..LOCATION �t ��treet a ress ection o "HOMOWNER" SA ame ome phone Work"phone PRESENT MAILING' ADDRESS �r :h. ty town tat . ipcoe the. current exemption, for "homeowners" was extended to include owner-occupied dwellings. of six units .or less an o allow such homeowners to engage an in ivi ua .for hire who. does not possess a license, provided that the owner acts' as- supervisor. (State Building Code Section , DEFINITION OF HOMEOWNER: Person(s-) 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 to six 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 permiT77SECTIon . The undersigned "homeowner" assumes responsibility for compliance with the State Buildiflg' Code and other applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifie that he/she understands the Town of Barnstable Bui lding Department 'm ni i and that he/she will c Pe n procedures and requirements a P s and requirements: HOMEOWNER'S SIGNATU APPROVAL OF BUILDING OFFICIAL Note: Three family dwellings 35,000 cubic feet,' o l be re to comply with State Building Code Section 127.0, ConstructionlConntrolQuired `v 8 HOME OWNER 'S EXEMPTION The' Code state that : "Any Home Owner performing work for which a building Perm is requlred shall be exempt from the Shall(Section 109.1 .1 — Licensing of Construction Supervisors) ; -pro�Idedithatc(foa ome 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 the responsIblllf(es of a supervisor assuming. ,for. Licensing Construction Supervisors, (,Sectlone2tl15)0,:ThfsRulelackdofeawlat [ons . often-,results in serious problems, , particutarl when areness Unlicensed persons. ' Y en the Home Owner hires In,-` thIS case our Board cannot Unlicensed person as It would with licensed Supervisor.. The Homeas supervisor..ls ultimateI 'acting Y .responslble. To ensure that the 'Home Owner is fully aware of his/her responsibilities,communities require, as part of the p nsibllities, many certify that he/she understands the responsibilities lOf �a supervlso that the Nome on the last`:Page of this issue is a form current )care to amend and adopt such a form/certificu used by several towns. You , may. - your community. ` r ' , i V Assessor's offioe Ost floor) WPM QV M MUST Fie THE T Assessor's map.and lot numbergc-s9a.-...9.0....smr-iIVQTALLED IN COMPLf,_' .`:"''� Board of Health (3rd floor): �--� WITH TITLE 5 d Sewage Permit number ....... l�.-.�g. .,.1.�.. .......rC qa �pp�� ggpp� ,** @�r� g j�'. E I� ,', /�tl�1d0E1 TAL CODE V;WD >: BARESTADLE, i re� ngineering Department (3rd floor) %: ry (�� TOWN REGUl.AT10N '°o 1639• ouse number .......................... . ...... .........� .aU. .............. Ar APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00. P.M. only TOWN OF BARNSTABLE BUILDING INSPECTOR -7) APPLICATION FOR PERMIT TO ..............t1aU1f...1.,.............5;:�Zhc�....................................................... TYPE OF CONSTRUCTION .................�I Q)...........FCZAM ................................................................... ........• -.- .�... 19.� TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ..l .f ..... .. .......... .1.—.......... .h-?Z-...... ►v'�J.LS.....:............................... �. ............ ............... ProposedUse .............a.AR. GG................. .............. .1Q ............................................................I................ , . Y ZoningDistrict ........................................................................Fire District ......................................................... Name of Owner ....J..o..F......... .............Address ...iJ.....-T,-i ..1Aj,4&.,..t 4/J314?Aals.1.H&— Nameof Builder ................�.. .........................'.....Address .................................................................................... Nameof Architect ..................................................................Address .................................................................................... nn Number of Rooms ................ .. .f' ...6..................................Foundation iv'.- C ExierlO+. /1[ ..s.kA.I-LI(.&- .=--,.........................................Roofing ..........As.M- PAL-7V. ..........:�.�.1.11..�.�.�.. Interior -- Floors ...............�.`-?.�.f>.....C47.1�:..�...1�.{"c�.�� .I .......... L.tC��........... .�'4�......�................ Heating ......................... .......................................Plumbing .................. ../ ...:............................................... Fireplace . ......................................Approximate Cost ( ( a.._ Definitive Plan Approved by Planning Board ________________________________19-------- . Area ........ez�.?z.. .............. Diagram of Lot and Building with Dimensions Fee �S3 7s . ....................,......................... SUBJECT TO APPROVAL OF BOARD OF HEALTH '•r. 'e- Owl- OCCUPANCY PERMITS REQUIRED FOR NEW-DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ....... ........ ..... � �................. Construction Supervisor's License 'r.... x _ ►1 l GOODWI J. F. No Permit for_ Build Garacre Accessory to Dwel i .................... ....... ...................... Lot #11., Location ..................... Itch Lane , ...................... ..................... ........................................ Owner .....J......F......Goodwin...................... .... Type of Construction .....Fr.ame.............................. ....... .............. ....................................................... Plot ............................ Lot ................................ Permit Grant ..... .....Granted .........��p 1...12.F........19 88 Date ofiilpspection ..........h/ .............19?0 'Date Com'*ted ......................................19 Assessor's offioe (1st floor (k Assessor's map and lot number Board of Health (3rd floor): 4 Sewage Permit number ........ :3K IND.................. - Z BAUSTAnLE, i �gineering Department�(3rd floor): ,(} ��o 163}9- \e� Mouse number ......................... .. ..::..WI ...... ............ 'rE d. ,i UP /APPLICATIONS PROCESSED 8:30, 9:30 A.M. and 1:00-2:00 P.M. only TOWN OF BARNSTABLE 'a w. BUILDING INSPECTOR APPLICATION FOR PERMIT TO ..............�, (d.Ik.- ...............:....................................... f TYPE OF CONSTRUCTION ................1k).00)......... ............................... ............................... f / L TO THE INSPECTOR OF BUILDINGS: �. The undersigned hereby applies for a permit according to the following information: Location ........ •�..E..� I-1........... -X:�....,. ..........�.: 7.h ..a�.1!.:�........ ProposedUse. ............ ��. -* ...............` ............. �C? �' ...................................................................4*_ .. z Zoning District .........�.r...i....................... ..............Fire District l..................................................,..}:.,�..................... Name of Owner �� ... ............-xar,�l ,�,�.h�l....`.....'..Address ...lc!..:.r .r1. 'tG.._k-�-. . A+.f.t=�. Nameof Builder M ..............................Address ......................................:............................................. Nameof Architect ........................'.........................................Address .................................................................................... t l�n Number of Rooms ../, *--'..................................Foundation ............4... ....... ...y........................... ................... ............................................Roofing ......... ./� 6.MRA ........... CAN.!. Floors ..... bh. .y.a..... C .&.A..C-1--t..........Interior .......... s. m ............. .��.�"1L ....c............... Heating f A C '.Plumbing ` f., . Fireplace �. ........Approximate Cost ......':........:..-?��� rDefinitive Plan Approved by Planning Board ________________________________19-------- . Area .......................................... t Diagram of Lot and Building with Dimensions Fee ............................................. SUBJECT TO APPROVAL OF BOARD OF HEALTH ' d 1 OCCUPANCY—PERMITS REQUIRED FOR: NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. C Name .................. ...........�����P .�`..::�................ Construction Supervisor's LicenseC,vr�. GOOD1<:�IN, J. F. A=292-090 ti E No ..3.1.7.9.7... Permit for ..B.u.i..1.d...G.ar.a.ge- ..........AQ.0 e.s s.ox. ... o..Dwel l.i ng........ d f 1 Location ...,L.ot....#-1-1......7....Thatch..Lane— ...................Hyannis........::....:.:..:...................... Owner ...J......F......GQ ........................ Type of Construction Fxame............................. ............................................................................... Plot ........................ Lot.... .. ....................... Permit Granted .......ANY i1 12 r..........19 88 Date of Inspection ....................................19 Date Completed ......................................19 ~ r, d / �' 4P ��` ti 1 , 1 l , 1 j f s 1 I i ! 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DATE -//-� JOB.. LOCATION L-/V ' Number treet/ address Section o town "HOMEOWNER" AC e L i 1ki. = r86 t,1 ? 71 S-6 aZ y? p - ame ome p one Work phone PRESENT MAILING ADDRESS -7-/1 Ac L L Al , ity town state Zip c�oe the current exemption for "homeowners" was extended to include owner-occupied dwellings. of six units or less--an to allow such homeowners to engage an in- dividual for hire. who does not possess a license, provided that the owner acts as supervisor. (State Building Code Section .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 to six 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. ection :The undersigned "homeowner" assumes responsibility for compliance with the State 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.Amin imum inspection procedures and requirements :and that he/she will comply with said procedures and requirements: \ I HOMEOWNER'S SIGNATURE APPROVAL OF BUILDING OFFICIAL Note: Three family dwellings 35,000 cubic feet,'*, or larger, will be required .to comply with State Building Code Section 127.0, Construction Control . e 8 q HOME OWNER 'S EXEMPTION 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) ; I provided that If a 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 assuing the responsibilities of a supervisor (see Appendix QhatRulesyandrRegulatmons for Licensing Construction Supervisors, Section 2:15) . . This lack of awareness Often results in serious problems, particularly when the Home Owner hires unlicensed persons. In this case our Board cannot proceed aa unlicensed person as it would with licensed Supervisor. the Home Ownernactihe as. supervlsor is ultimately responsible. ng To ensure that the Home Owner Is fully aware of his/her responsibilities, many communitles require, as part of the permit application, that the HomeOwner certify that he/she understands the responsibl lit les 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 y Your community. it m 41. I , i 0 CJ : x :