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0164 WINTER STREET - Amnesty & MULTI-FAMILY
164 W I NTERTREET { ILM ULA i I! s Da=s 1 r 37Ci s a 17 Q�i-2t1-2019 3:44 L,.HI-t` STA?•L-S LAND COURT REG T STRY BARNSTABLE TOV,'111 CLERK( Town of Barnstable i ! Zoning Board of Appeals a Comprehensive Permit Decision and Notice 9 IIAR 27 P 2 :54 Accessory Affordable Apartment Program Comprehensive Permit No.2019-011—Lyon/Red Bird,LLC Decision: Approved with Conditions Applicant: Jeffrey Lyon/Red Bird,LLC Property Address: 164 Winter Street,Hyannis, MA Map/Parcel: 309/258 Zoning: RB—Residence B Zoning District Summary: Allow the transfer of ownership of one studio accessory affordable apartment unit located in the multi-unit primary structure pursuant to the Code of the Town of Barnstable,Chapter 9, Article II Deed Reference: Certificate No.215349 LL Applicant/Site Control The Applicant is Jeffrey Lyon, Red Bird, LLC.,the owner of property addressed as 164 Winter Street, Hyannis, MA. The Applicant has been the owner of the property since February 2,2018,as evidenced by a deed recorded at the Barnstable County Registry of Deeds on Certificate No. 215349 on February 2, 2018. A signed Affidavit dated January 31, 2019, declares that 164 Winter Street, Hyannis, is a multi-unit structure owned by Jeffrey Lyon/Red Bird,LLC. Locus The subject property is a .18 acre lot developed in 1930 with a 2.080 square foot living area, 3,260 gross floor area, 2-story apartment building. The structure houses four (4) studio apartments and two (2) one-bedroom apartment units. The lot is served by public water and sewer,and is located within an Aquifer Protection Overlay District. LZ Background I__. On July 26,2007,Comprehensive Permit No.2007-056 was granted to Adam J. Hostetter&Daniel C. Hostetter for ( unit No. 1. The property was sold to Jeffrey Lyon/Red Bird LLC on February 2,2018. Procedural&Hearing Summary On January 31,2019, Red Bird, LLC 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 February 4, 2019. 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. A request to transfer the comprehensive permit issued to the prior owners was filed at the Town Clerk's Office on February 8, 2019 and a public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on February 22, 2019 and March 1, 2019 and notices were sent to all abutters in accordance with M.G.L. Chapter 403 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". Findings of Fact At the hearing on March 13,2019,the Hearing Officer made the following findings of fact: 1 Town of Barnstable Zoning Board of Appeals ` Decision&Notice—Comprehensive Permit No.2019-011—Lyon Concerning standing,the right of the applicant to seek a comprehensive permit,the Hearing Officer found: The Applicant,Jeffrey Lyon/Red Bird LLC,is the owner of the property located at 164 Winter Street, Hyannis MA, as evidenced by deed recorded at the Barnstable County Registry of Deeds on Certificate No.215349 recorded on February 2, 2018. A signed Affidavit dated January 31, 2019, declares that 164 Winter Street, Hyannis MA, is owned by Jeffrey Lyon/Red Bird,LLC. 1. 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. 2. 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 February 4, 2019. 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: 3. The Applicant is seeking to transfer the Comprehensive Permit for unit No. 1 into new ownership. The apartment is located within the multi-unit structure at 164 Winter Street, Hyannis MA. To permit the apartment as accessory affordable unit under Chapter 9 Article II of the Code would represent no perceivable change in the neighborhood. 4. The Building Commissioner performed an initial review of the property and determined that an accessory apartment unit was created in conformance with applicable state building codes. 5. The property is served by public sewer adequate to accommodate the existing unit on the property. 5. 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. 7. According to the Massachusetts Department of Housing and Community Development, Subsidized Housing Inventory, the Town of Barnstable has 7.14% 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). 8. 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 Jeffrey Lyon/Red Bird LLC 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. 2 Town of Barnstable Zoning Board of Appeals ` Decision&Notice-Comprehensive Permit No.2019-011-Lyon Decision&Conditions: The Hearing Officer ruled to grant Comprehensive Permit No. 2019-011 to Jeffrey Lyon/Red Bird LLC for 75-t, <4 Chaxies. et, Hyannis MA to allow the transfer of ownership of unit No. 1 at 164 Winter Street, Hyannis MA 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 unit 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. 8. It is the explicit intent that 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 event that 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 Ievel of any prospective tenant shall first be submitted to and approved by the Housing Coordinator/Monitoring Agent before any lease is signed. 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. The Applicant must register the unit with the Health Department at 200 Main Street,Hyannis. 14. Whenever a vacancy occurs, notice shall be given to the Housing Coordinator/Monitoring Agent before reengaging the tenant selection process previously cited. 15. Annual Income,to determine program eligibility,will be calculated per 24 CFR Part 5. 16. The Housing Coordinator of the Planning and Development 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. 17. 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 3 I Town of Barnstable Zoning Board of Appeals Decision&Notice—Comprehensive Permit No.2019-011—Lyon 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. 18. 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. 19. 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. a 20. 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. 21. This Comprehensive Permit shall be exercised as conditioned herein or it shall expire. Ordered Comprehensive Permit No.2019-011 is granted with conditions to Jeffrey Lyon/Red Bird LLC for unit No.1 located at 164 Winter Street, 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 240-13(A) Principal Permitted Uses in the RB Zoning Districts to permit one one-bedroom accessory affordable apartment unit within the multi-unit structure. 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, Sec ion 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. The app cant has the right to appeal this decision as outlined in MGL Chapter 40B,Section 22. l ex A o I is, H r'n g Officer Date Signe 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.. 1 Gf Signed and sealed this ay of PR��i /9 under the pains and penILs.�1. Se:fury ;tea mil_ _ s• .�v:•-. .E: ,,, �c�•�L; Ann Quirk,Town Clerk BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register 4 t Daca1 r370s:E;1S` C15-20--2019 Z:44 Dtir K Tt?ni E LAND CO3J:iT MF--G T C-TRY REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 13 day of March 12019 ,by and between Jeffrey Lyon/Red Bird LLC,owner of 164 Winter Street,Hyannis MA and its successors and assigns(hereinafter the"Owner'D,and the TOWN OF BARNSTABLE(the"Municipafity'�,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 a multi-unit dwelling which will be rented to a Low or Moderate Income Person/Family(hereinafter"Designated Affordable Urut'�;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. PRO-JECI SCOPE AND DESIGN: A. tThe terms of this Agreement and Covenant regulate the unit 1 at property located at 164 Winter Street; Hyannis,MA,as further described in a deed recorded herewith as Barnstable County Registry of Deeds Certificate No.215349. B. The Project located ai 164 Winter Street,Hyannis,MA will consist of one accessory apartment unit LQ which will be rented to an eligible low or moderate income individual or family(the'Designated Affordable f� Unit"or the"Unit"). C. The Owner agrees to construct the Project in accordance with the terms of Comprehensive Permit No. 2019-011 and any plans submitted therewith and all applicable state, federal and municipal laws and p regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Certificate No. ��T 1 II. THE OWNER'S COVENANTS AND RESPONSIBILIT 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(AMD of Barnstable MSA and that rent(including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. f 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80%or less of the Area Median Income(AMI)of Barnstable Metropolitan Statistical Area(MSA) and that rent(including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within 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 2 i 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. GOVERNINQ 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 HARMLE& 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 Certificate No. 215349 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 Certificate No.215349. 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 3 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,(i) are not merely personal covenants of the Owner,and(in) 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 a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien 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 1 tom_day of March 2019 OWNER BY: Signam Printed Name: ' 4 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,ss. On this 13 th day of March ,2019,before me, the undersigned notary public, personally appeared ��, tom_,proved to me through satisfactory evidence of identification,being(check m;iLhe er ap 'es)" O or other state or federal government document bearing a photographic image; ( ) oath or affirmation of a credible witness known to me who knows the above signatory;or(X)my own personal knowledge of the identity of the signatory,to be the person whose name is signed on the preceding document,and acknowledged to me that s/he signed it voluntarily for its stated purpose as Regulatory Agreement ,as his/her free act and deed. utANNA BRIGHAM °�v�A••••. Notary Public � ••p�Z42p a °o 0OWNWAMTK OF w�ss rn My � i0XaN Public ;;� 2 2 r 7 My Commission Expires: i¢ '0lp 4 coM . ,hq�'rHrmn�t`. TOWN OF BARNSTABLE BY: TOVN MANAGER COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,ss. On this a? day of Not►w L,,2019,before me,the undersigned notary public, personally appeared 9-&-/. 5: -'//s ,proved to me through satisfactory evidence of identification,being(check whichever applies)" ( ) or other state or federal government document bearing a photographic image; ( )oath or affirmation of a credible witness known to me who knows the above signatory;or(ram}my own personal knowledge of the identity of the signatory,to be the person whose name is signed on the precedin document,and acknowledged to me that s/he signed it voluntarily for its stated purpose as R ��>%✓M,as his/her free act and deed. . r. tv CL -Itk JOYCE A. PF- RSUtTTE Notary f'ui,liC Lary Public '7`"t�, b� . COMMONV�Erk'ri;FI�aSSACHUS:7S 11 � �N' GO•,} My CommissionMy Commission Expires: �u ,t �3 Expires avy ?� o .� , January 27. 2023 5 This form intentionally left blank. Applicant has no mortgage. CONSENT AND SUBORDINATION OF MORTGAGE TO REGULATORY AGREEMENT Reference is hereby made to a certain Mortgage dated given by to recorded with the Registry of Deeds at Book Page ("Mortgage"). The Undersigned,present holder of said Mortgage, hereby recognizes and consents to the execution and recording of this Agreement and agrees that the aforesaid Mortgage shall be subject and subordinate to the provisions of this Agreement, to the same extent as if said Mortgage had been registered subsequent thereto. The Undersigned further agrees that in the event of any foreclosure or exercise of remedies under said Mortgage it shall comply with the terms and conditions hereof. [NAME OF LENDER] By: Its: (If the Development has more than one mortgagee, add additional consent forms.) COMMONWEALTH OF MASSACHUSETTS COUNTY OF ,ss. s 20.— On this day of 20_, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding document, as of Bank,and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name: My Commission Expires: 6 i A William Francis Galvin Secretary of the Commonwealth May 14,2019 TO WHOM IT MAY CONCERN: I hereby certify that a certificate of organization of a Limited Liability Company was filed in this office by RED BIRD,LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on January 25, 2018. I further certify that said Limited Liability Company has filed all annual reports due and paid all fees with respect to such reports;that said Limited Liability Company has not filed a certificate of cancellation or withdrawal; and that said Limited Liability Company is in good standing with this office. I also certify that the names of all managers listed in the most recent filing are: JEFFREY LYON I further certify,the names of all persons authorized to execute documents filed with this office and listed in the most recent filing are:JEFFREY LYON "r The names of all persons authorized to act with respect to real property listed in the most recent filing are:JEFFREY LYON In testimony of which, I have hereunto affixed the ~ Great Seal of the Commonwealth 1 on the date first above written. Secretary of the Commonwealth Processed By:KMT BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register Cape Save Inc. 7-D Huntington Avenue South Yarmouth, MA 02664 Tel: 508-398-0398 Fax: 508-398-0399 10/3/18 TO Nlop 1 or oil Brian Florence CBO Town of Barnstable Building Division 200 Main St. Hyannis,MA 02601 RE: Insulation Permit 18-2502 Dear Mr. Florence: This affidavit is to certify that all work completed for 164 Winter St,Hyannis has been inspected by a third party Certified Building Performance Institute(BPI)Inspector. All work performed meets or exceeds Federal and State Requirements. Sincerely, William McCluskey Town of Barnstable Building This°:Card SoThat tt isr.1/isible�From.ah`e�5treet �A roved?PlansMust�be Retained on Job and;#hls'Card.Must,be--Kent • , � �_ 6" Posted Until`Final Inspectlon�Has Been�Made� _ Where aCert�ficate of.Occu ane: .�s'Re aired 'such Build n 'shall Not be'Occu ied;un#ii a;Fii%at lns ect�on�hasbeen made Permit ijjlt Permit NO. B-18-2502 Applicant Name: William McCluskey Approvals Date Issued: 08/14/2018 Current Use: Structure Permit Type: Building-Insulation-Residential Expiration Date: 02/14/2019 Foundation: Location: 164 WINTER STREET, HYANNIS Map/Lot 309 258 Zoning District: RB Sheathing: Owner on Record: Red Bird I.I.C. " ContractorNamer, WILLIAM J MCCLUSKEY Framing: 1 Address: PO BOX 611 COntraC#661icense CSSL-102776 2 HYANNISPORT, MA 02647 � � Est Pro ect Cost: $5,000.00 J . Chimney: E, a Description: Add R-49 cellulose to the attic. Dense pack the walls with R-13 Permit fete: $85.00 cellulose.Add R-19 fiberglass to the basement Air seal the attic Insulation: Ap plane and basement with expanding foam. General vveatherization. FePaid.` $85.00 Date 8 14 2018 Final: Project Review Req: Plumbing/Gas Rough Plumbing: �.� Building Official Final Plumbing: Cam' �.. _ Rough Gas: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within sixOmont�`S after issuance. Final Gas: All work authorized by this permit shall conform to the approved application and theapproved construction documents for,which this permit has been granted. All construction,alterations and changes of use of any building and structuresh Iljbeincompliance with the local zoning byI" A �lsand codes. Electrical This permit shall be displayed in a location clearly visible from access str completion of the same. eet oir roa&and�shall be maintained open for publfi inspection for the entire duration of the work until the coin p y � a Service; The Certificate of Occupancy will not be issued until all applicable signatures by the Bwldmg ad Fire Officials^a a provided on this permit. Rough: Minimum of Five Call Inspections Required for All Construction Work:' 1.Foundation or Footing Final: 2.Sheathing Inspection 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Low Voltage Rough: 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Final: 6.Insulation 7.Final Inspection before Occupancy Health Final: 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. Fire Department "Perso ting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Final: d� Clos TOWN OF BARNSTABLE INSPECTION WORKSHEET CERTIFICATE NO: 1 200901966 CANCELLED: MAP: 309 DBA: 1164 WINTER STREET MULTI-FAMILY PARCEL: 258 NAME/MANAGER: JAD REALTY TRUST STREET: 1164 WINTER STREET VILLAGE: JHYANNIS STATE: MA ZIP: 02601- SEQ NO: 1❑ BUSINESS TYPE: MULTI-FAMILY CONSTRUCTION TYPE: STORY1: CAPACITY: USE1: R2 Capacity Under 50: F, STORY2: CAPACITY: USE2: STORY3: CAPACITY: USE3: Outside Seating: BY PLACE OF ASSEMBY OR STRUCTURE _ CAP1: LOC1: 5 MULTI-FAMILY UNITS CAPS: L005: CAP2: LOC2: 2 STUDIOS CAPE: LOC6: CAP3: LOC3: (UNIT 1: AMNESTY) CAP7: LOC7: CAP4: LOC4: 3 ONE-BEDROOM CAPS: LOC8: „, Pr�nt;This Screen INSPECTION: DATE ISSUED: EXPIRATION: !US-10-p 05/05/2009 05/05/2014 , Print n t Certificate of inspect�ion COMMENTS: Ebe Commoubicaltb of Ala.5.5arbuzettz TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to AD REALTY TRUST QLertifp that I have inspected the premises known as: 164 WINTER STREET MULTI-FAMILY located at 164 WINTER STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R2 The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 5 MULTI-FAMILY UNITS 2 STUDIOS (UNIT 1: AMNESTY) 3 ONE-BEDROOM Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 200901966 5/5/2009 5/5/2014 309 258 The building official shall be notified within (10) days of any ��— changes in the above information. 1 Building Official PERMIT PAYMENT RECEIPT TOWN OF BARNSTABLE �+ BUILDING DEPARTMENT 200 MAIN STREET HYANNIS, MA 02601 DATE: 05/05/09 TIME: 14:17 -----------------TOTALS------------------ - PERMIT $ PAID 95.00 AMT TENDERED: 95.00 AMT APPLIED: 95.00 CHANGE: .00 APPLICATION NUMBER: 200901966 PAYMENT METH: CHECK PAYMENT REF: 5636 E COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION. MULTI-FAMILY FIVE-YEAR CERTIFICATE Date %'L y'-� � (X) Fee Required$ d U ( ) No Fee Required In.accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises.located at the following address: Street and Number: � �.� r%�£�r /� 44?v/y/S Name of Premises: Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL STUDIO �- I BEDROOM 2 BEDROOM 3 BEDROOM OTHER Certificate to be Issued to: 1ef/�Z 7/eljr7- Address: 7 70 �/ ��}//y ,T✓�f / f�ir�/i.s q Telephone: f S��) r, Owner of Record of Building: Address: Name of Present Holder of Certificate: Name of Agent, if any: SIGNAT PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT ���� ,CG�t Tf✓Tfi� PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or.part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: n CERTIFICATE# ;z10_z:2 p 7,1, e5 EXPIRATION DATE: yr�� coiappmf Town of Barnstable Regulatory Services w BARNSrnsc.E, 9 Mnss. Thomas F. Geiler, Director Fc 39. 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 May 21, 2009 Mr. Adam Hostetter AD Realty Trust 770B 1 Main Street Hyannis, MA 02601 Re: 75 Charles Street 164 Winter Street Dear Mr. Hostetter: Enclosed are the Certificates of Inspection for the above-referenced properties. Please frame the certificates and display them at each address. Sincerely, Ralph Jones Building Inspector Enclosures r oFt TQ,,, Town of Barnstable Regulatory Services * BARNSTABI.E, 9 MASS. g Thomas F. Geiler, Director �p .i6gq �0 rEC 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 April 20, 2009 Adam J. Hostetter Daniel C. Hostetter, Jr. 770A Main Street Osterville, MA 02655 Re: Certificate of Inspection 164 Winter Street, Hyannis 5 Unit Multi-family Dear Property Owners: Attached you will find applications for Certificates of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Seventh Edition. Please complete the applications and return to the Building Commissioner's Office with the required fee (amount as set on the top right-hand corner). The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the-Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5 of the State Code. Sincerely, Thomas Perry Building Commissioner Enclosure jcoilet OFIKE Town of Barnstable do BARNSPABL£, : Regulatory Services 6 q 10� �E039. A Thomas F. Geiler, Director . Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Cindy Dabkowski FROM: Lois Barry DATE: 4/13/09 RE: AMNESTY CERTIFICATE Here is the Amnesty Certificates of Compliance (original for applicant and copy for your records) for: 75 Charles Street, Hyannis 164 Winter Street, Hyannis J030623a y,� '� y"�`:x '„�'7.`^�'"4�«„�{ r�.�+ .,,r;x v� ew�,:.�"1�++"'" s:'y,kw .•.�,r - r H k' Ltg y"&��..bw r`y:v;� d`C _ ":.;'F -I,�,T(w h S �•,:: h. ..r .' k '': ... ��'. �y �..,: :.: M1 H� J•.{ .y A �'�� �.4.: ' fl' f {,. Y �e ,(i tl'n ,} .:.: .w. 4 ':tip C ,'1. "�:� ��7, �r .1 •! 9 1. _ `4 y '6 7iF erg - '�'"'rW$y .._ "Y'tn c.�.�,?iK"�`�j .:.:.'.r .M�' .� 7 �.-n. C '•;. „-,..., yr::: 1':: h 1 � J m fix. wFxa'. c.,u F;Fz �'•r?`,` ; ;;,'✓. 4 :. "' `�.,.[s`.^: - 1 .� rx Arnnest Pro ram t r "M a t, .F a = . os bleh a sinI i ngo makeford ou - rb,le. g =p F r` , c le r { F ^' f� CerCertificatef Corn Hance 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 Adam J.Hostetter:& Daniel C. Hostetter, Jr: r Location 164 Winter.Street F w Y H an nis MA ,Y Unit Capacity Uni Studio t to exceed 1 person .� t . Inspector _ i M/P No. 309258 4/9/2009 f Doc: 1 : 102:313 12-03-2008 3=17 BARNSTAELE LAND COURT REGISTRY BARNSTABLE TOW'' C' _R'K BA � '07 JUL 26 P 2 :17 'down Of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice QQ Appeal 2007-056 Decision-Chapter 40B Comprehensive Permit Applicants: Adam J. Hostetter&Daniel C. Hostetter,Jr. Property Address: 164 Winter Street,Hyannis,MA Assessor's Map/Parcel: Map 309,Parcel 258 Zoning: Residential B Zoning District 1 rn Applicants: The applicants are Adam J. Hostetter and Daniel C. Hostetter, Jr.,Trustees of the AD Realty Trust,who own the multi-family property located at 164 Winter Street,Hyannis,MA. They were granted title to the property by deed recorded in the Barnstable Land Court Regis_on April 3, 2007 as recorded in document numbered 1,060,314 and certificate of title 182746. _ Relief Requested: The applicants have 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 the Code—Amnesty Program to permit one additional apartment unit when only four are legally permitted.-The multi-family dwelling is located in a single-family zoning district. The structure and use predates the inception of zoning for Hyannis and is therefore a pre-existing non-conforming use. �- Locus and Background: The property at issue is a .18-acre lot developed in 1930 with a 2,239 sq. ft. 2-story apartment building. The structure houses two (2)studio apartment units and three(3) one-bedroom apartments. The unpermitted unit is a studio apartment. The lot is served by public water and sewer, and is located within an Aquifer Protection Overlay District. On August 16,2001, a comprehensive permit was issued to the former owners of the property,William H. Clark and Jean F. Clark,Trustees of the W. Clark Trust, for the unpermitted studio apartment. The property was sold to the AD Realty Trust on April 3, 2007. Procedural Summary: A request to transfer the comprehensive permit issued to the prior owners was duly advertised in the Barnstable Patriot on June 15, 2007 and June 22, 2007, and notices were sent to all abutters in accordance with MGL Chapter 40B. On July 11,2007 Hearing Officer Gail Nightingale presided over the public hearing. The applicants, Adam J. Hostetter and Daniel C. Hostetter,Jr.,Trustees of the AD Realty Trust were present at the hearing. Madeline Taylor of the Growth Management Department was also present. Ms.Nightingale reviewed the file with the applicants to assure compliance with all of the program requirements. I Findings of Fact on the Comprehensive Permit: At the hearing on July 11, 2007 the Hearing Officer made the following findings of fact: 1. The applicants are Adam J. Hostetter and Daniel C. Hostetter, Jr., Trustees of the AD Realty Trust, who own the multi-family property located at 164 Winter Street in Hyannis. They are requesting a Comprehensive Permit to convert an existing unpermitted studio apartment unit within a multi-family building into an accessory affordable apartment. The conversion of the unpermitted unit into an accessory affordable unit within a multi-family residential dwelling qualifies for the "Accessory Affordable Apartment Program." 2. The applicants were granted title to the property by deed recorded in the Barnstable Land Court Registry on April 3,2007 as recorded in document numbered 1,060,314 and certificate of.title 182746. 3. A site approval letter was issued for the property on June 29, 2001 by Kevin Shea, 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 filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. 4. The proposed accessory affordable unit is Unit#1. 5. The applicants are aware that the units must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the units for compliance with all applicable building and fire codes. 6. The house is served by public water and town sewer and is in an identified Aquifer Protection Overlay District. 7. On July 3,2007 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 units in perpetuity as affordable rental units. 8. The applicants understand that the affordable units 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 agree 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 July 11,2007, 6.63%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. Finding Summary: Based upon the findings,the Hearing Officer ruled that the applicants have 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. 2 r I Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicants, Adam J. Hostetter and Daniel C. Hostetter, Jr. It is issued to allow for an accessory affordable apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit#1 shall not exceed one person. 2. The unit shall not be occupied by a family member of the owner(s). 3. All parking shall be on-site. 4. 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. 5. All leases shall have a minimum term of one year. 6. The Growth Management Department shall serve as the monitoring agent for the accessory apartment. 7. The applicants must apply for a building permit for the accessory units,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. 8. The applicants may select their own tenants provided the tenants meet 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 units 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 units must be listed with the Town. 9. Every twelve months the applicants shall review the income eligibility of the individual occupying the units. 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 units. 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 of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 10. 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. 3 f 11. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2007-056 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 241, 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 July 11,2007. Fourteen(14)days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. r - 7 ,' G/'0 7 Gail 'ghtingale,He 4.ng Office Date Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this ��1 day of c2ov under the arcs and enal —ps f er u tm y p P Ott ,J� ' as Linda Hutc enrider,Town Clerlc . 4 I Do_-: 1 P 10 2:313 12-03-2008 3=a7 E'ARNSTABLE LAND COURT REGISTRY REGULATORY AGREEMENT �! AND DECLARATION OF RESTRICTIVE COVENANTS Q M THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 23�d day of July,2008,by and between Adam J. Hostetter and Daniel C Hostetter Jr.,Trustees of the AD Realty Trust of 770A Main Street,Osterville,MA and its successors and assigns (hereinafter the EU "Owner"),and the TOWN OF BARNSTABLE (the"Municipalit/'),a political subdivision of the v Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit recorded herewith under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of two L €`l additional apartment units (for a total of six apartment units) at 75 Charles Street,Hyannis,MA and to allow the C creation of one additional apartment unit (for a total of five apartment units) at 164 Winter Street,Hyannis,MA in a multifamily dwelling. Each of said extra units 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 LP Lt good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree fi} as follows: W <1� I. PROJECT SCOPE AND DESIGN: A. The terms �f this Agreement and Covenant regulate the properties located at 75 Charles Street, 4-- Hyannis, MA and 164 Winter Street, Hyannis, MA as further described in deed recorded herewith as C+ Barnstable Land Court Registry document 1,060,314&certificate of title 182746. B. As stated above the premises located at 75 Winter Street,Hyannis,MA now consists of a total of six _1 apartment units,two of which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit") and the premises located at 164 Charles Street,Hyannis now consists of a total of five apartment units,one of which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Unit"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2007-056 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations.Said permit is recorded herewith as Barnstable Land Court Registry document 2,31 &certificate of title II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and 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 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 parry or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the.Area Median Income (AMI) of Barnstable Metropolitan Statistical Area(MSA) and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (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 2 i 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 bythe laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the 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 attorneys fees necessitated by such actions. VIII. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall run with the land described above 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 above. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 X. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (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. M. 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 Municipalitythat 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 a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien 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 )`/day of&'%1/¢,"r j r 200h OWNER OWNER BY: BY: Signarwe Signature Printed: 11,--f rF—7 Printed: COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this)V day of 1V,,,y 2iy),P S a`_ 20053 before me,the undersigned notary public,personally appeared I;b�-r�-, ���r�TSB!f ,the Owner(s),proved to me through satisfactory evidence of identification,which were 6etV f- s Lr6 L Jib. ,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. 4 Notary Public Printed: My Commission Expires: TOWN OF BARNSTABLE BY: 4 TOV AGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this I day of 2007before me,the undersigned notary public,personally appeared jd1@A C.14L(Mir" ,,°'the Town Manager for the Town of Barnstable,proved tome through satisfactory evidd 6c of identification,which were 04wCOW119 kvtftffi,to be the person whose name is signed on the preceding or attached document ana acknowledged to be that he/she signed it voluntarily for the stated purposes. Notary P41ic Printed: wide My Commission Expires: 3[1� 5 ,i�!� !" ail!' _1.45/ i d dV _' inl7� ;y �. d regiAued as Document ' • 7So �6e�0AsesO�eamNloCSY9x+��_T++.+�e.amaemuuae..x.aeraunf.am...��_-sv—.oa hereby ce that; r Said tnm is full f=e and. eat. '� e� �-�� v,. � .v� �:� � BOG 0 6,2000; 2a All �. y iaxi s a i. � p . R the bentficiafies are C* GROUVTH MANAGEMENT � 4, All the b ntefd es of said tma hags consentedto thele,15re,c-rze6ftha ec Sig ml-imder the pains and peaalties o x . 1 = d�a � r ,_71 .� y ' r_ WASON.4,0101, % `iv f - - met w� taga.1�.e a or �c�te tG�.ov�si�.- ass 13� le, _ ri % p 9 9 �' _ - Y _ - ____ : - -_�� __ __ - _ . - - __ - '_ '�:Z,��' '. I... � . _ _- .,- _Zk� �_ " --- �� ,___L.. �* -:,-�---.-,-,�-.�.L,--.- --?�,��P-14 , �__, -, _ _'L;.�_�'!'�'L , ,___ -,--. - ,, , - . , _ t .- _--------. - - _b , � ' - �f, - r � - Z,z S_ - - -, , � '- L .: __-�__.- .:, _ :_- 2: wn , t A�>��,_' _0 __ __ , ,.-, I ' ". -,. I ;_ . .- �L,. > �/ '� ' :� __�'_ _ ____ _� __ p -L,._- ..� I - w" '__ -- 1,1. ,� � _ 'L':.__. �__.-. ��_�L ,-, . ,, , . L" -,___�' � . �:7- __ - _�"_ - �_'Le -I I �L;L __�_.' � .�'.-. _-,.--_;._---.-..,:.,-,-L__ . - . - �� v_� ,�.----., — �__�L�m --- �y�y p _ .- . - - - ll, 19 " £ — t • f., •. ii - Certic of C f � pIN 1 .: `' o r rtifi indicates acce taWl minimum habitable re uirements er Massachusettc.State'l3wldin"`Code s r wa This ce cafe, P y p % g, and Town of f3amstable zoning ordinances it accordance wuh the Amnesty program - - - _ - i_ . -u. Location 1'64 Winter Street;;Hyannis, lVlA ' Unit Ca acit _ r Unit iStuch of to�exceed 1 , erson 4y � & � _ . f� _twzN Uk � R " �_ -5 V L __ : 'zols.,,,,, , 1 1 P Qqj� ��?,-w -Q%j -1010 �'�r„ ,� Inspector r tllp' i err rf f i.'3.1Fiu , ..- .�: z �= - Ne *s r "^� om 1. I. > sy z : . � r k A MIP No 309/258 ` Z 71 �a � _ z e � } �- _ t #. as _ - .. ,. __ _ 6-_ F - M ... z .r €r , - _ - i a- d _> _ r_...-.. -.e L « _' - ..%. -..-- ,a ... -..-e.. ....- ,s wd_...,-,_ -w- ....-.. . .� .�..o-4.w...-......>:,+s .. :P -as- .Y,K,_, r._,x.. ., ...v .. ..- ............ .. r_ P _ .. .-.. -. v S rv. 4: `o4�HEt The Commonwealth of Massachusetts Town of Barnstable .,,PN9rA8M . "AM 9. 2024 fDMP�p Certificate of Inspection Issued to 164 Winter Street Multi-family Certificate No. Type: Building - Certificate of Inspection DBA 164 Winter Street Multi-family IC-17-269 Identify property address including street number, name, city or town and country Certificate Expiration Located at Map/Lot 309-258 12/1/2024 in the Town of Barnstable 164 WINTER STREET, HYANNIS Location Use Group Classification(s) Allowable Occupant Load 1st R-2: Apartment house 5 Restrictions 5 MULTI-FAMILY UNITS 2 STUDIOS (UNIT 1: AMNESTY) 3 ONE-BEDROOM This Certificate of inspection is hereby issued by the undersigned to certify that the premise, structure or portion thereof as herein specified has been inspected for general fire and life safety features. This certificate shall be framed behind clear glass and\or laminated and posted in a conspicious place within the space as directed by the undersigned, Failure to post or tampering with the contents of the certificate is strictly prohibited. Name of Municipal Building Official Edwin Bowers Date of Inspection 1/15/2020 Signature of Municipal Building Official �wenia Date of Issuance 12/10/2019 F � f Gf k4/4 COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY }7 FIVE-YEAR CERTIFICATE Date �� U (X) Fee Required$ ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 110.7,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: ` 0 ` /"o� Name of Premises: 8 " - Purpose-for which premises is used:MULTI-FAA11LY-RES`IDENTIAL' - TYPE OF UNITS NUMBER OF UNITS _ TOTAL STUDIO t. a . 1 BEDROOM r 2 BEDROOM "` "' r.aOrd 3 BEDROOM j OTHER e� Certificate to be Issued to: Address: Telephone: } 0' 2)-r- o o 2,3 Name and Telephone Number of Local Manager, if any: 3F_ r-1 Owner of Record of Building: k(/ - o ( C__ l_ C_ Address: 0 , Name of Present Holder rtificate: U S SI OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT T 6zF_ r\ ., ' PLEASE PRINT NAME INSTRUCTIONS: Vt 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certfied. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: .� CERTIFICATE# EXPIRATION DATE: coiappmf '" . -T:[ q q COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY Q FIVE-YEAR CERTIFICATE Date �� U (X) Fee Required$ ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 110.7,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: A0Q/J Name of Premises: Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL v - STUDIO I BEDROOM ' 2 BEDROOM ` 3 BEDROOM OTHER r 4 b y� Certificate to be Issued to: ���� L L Address: Telephone: 0'' 2/r 00 2 Name and Telephone Number of Local Manager,if any: r—! Owner of Record of Building: O ( (_._ L C' Address: K `I 0- 0-2—Co 0 Name of Present Holder rtificate: S �V ov SI OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME . INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certfled. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY JA i CERTIFICATE# EXPIRATION DATE: 91 coiappmf �T Town of Barnstable Building Division 200 Main Street NSr^BLE MASS. ' Hyannis,MA 02601 BARNSTABI,E i639• �10� (508) 862-4038 n+xnm+ nu oar m�?.rxust, 16l9'2026 i_a Ep MA'S - , Inspection Report ❑ Notice of Violation \ Business: Date of Inspection: Contact: Info: Address: Info: Phone: Info: Email: Info: During the annual occupancy inspection of your premises,performed in accordance with Section 110.7 of 780 CMR, Massachusetts State Building Code,as amended the following deficiencies and/or violation(s)were noted: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: Actiotvrequired to abate the above violationsyou must: None:no violations were observed at the time of inspection 0 Make corrections immediately and contact this office for a follow-up inspection Re-inspection fee of$ is required and a re-inspection to be requested by business within days. 0 Make corrections prior to your next annual or semi-annual inspection. 0 Property/business owner or owners approved agent contact inspector for consultation Official/Inspector: Telephone: / 5088 862-4038 Received By: ~" s Date: / ( S L Print Name: Section 102.6 existing structures- The owner as defined in 780 CMR 2,shall be responsible for compliance with provisions of 780 CMR 102.6 And,if aggrieved by this notice and order,to show cause as to why you should not be required abate the violation in this notice,you may file a Notice of Appeal(specifying the grounds thereol)with the State Building Code Appeals Board within(45)days of the receipt of this order and in accordance with MGL c. 143§100. Certificate of Inspection Reports Section 1.05.1 Permit Required 0 Section 1.05.i Permit SuspensionorRevocation 0 Section 1-05.7 Placement ent ol.' emit: (Oil site) _ 0 Section 107.6 Construction Control 0 Section 11.0.3 Inspections s Required ired a Section 110.7 Periodic t spectlon (valid Certificate) 0 Section 111.0 Certificate of Occupancy N Section 1.11..5.3 place of Assembly Posting of Occupancy ncy 0 Section 1.14.1 Occ panc or tv;hange of Use a Section 11.5.0 Step "ork Order 0 Section 11.6 Unsafe Structure , 0 Section 901.5 Testing of Marins/Sprinkler System a Section 901.9 Fire Protection Sign age Section 904.1.2 Commercial Ans l S 'step 0 Section 904.2.2 Hood Systeni Maintenance 0 Section 906 Fire Extinguishers - 0 Section 100:1.3.1. Maintenance o1'.Exteri r Stairs/:l`1. e 0 Section 1001..3.2 Testing/ 'e:rti cateExterior Stairs/Fire Escape Section .1004.3 Posting of'Occupancy l:mint 0 Section. 1.005 Means of Egress Sizing 0 Section. 1006 Number el'Exits and access Doors Section 1008 Means of Egress press Bl min ti n Section 101,03.9 Door Operation . Section 1010.1.9.1 Hardware (Locks and , tches) Section :1.010.1.1.0 Manic Hardware r E > 50) ® Section .1.011 - St ilivays Section 1012 Ramps - - a Section 1.0:1.3- - Exit. Signs ® Section 10:1.4 Handrails Section 1015 Guards Section 1.030 Emergency Escape -'.«e.-..__..._.rti „1^��ar•f..."�'W�1,._.�:�_.�..,r+.� �..._s.-<_". ..+�.-�.r _ _ _ _'..�cssd.�aw...��<1fr•`„ten`•.-ti..- 1v •-.`..v'�w.a<<_ t 'l ITN W,.A Town of Barnstable Building Division�0 200 Main Street BAPNSPABLE. * Hyannis,MA 02601 BARNSTABI,E q�A MASS. 1m�' (508) 862-403 Ck kS Rtr1 C.hRF'R1 CC UIT i!1'Wt?iL lUkit(1N'3VLiS'5!E .AE.tVF SiR4S(f.:AE El Inspection Report Notice of Violation s Business: o Date of Inspection: Contact: Info: Address: t _�XNjvAeR �Rpa�MA1J►tiS Info: Phone: Info: Email: Info: During the annual occupancy inspection of your premises,performed in accordance with Section 110.7 of 780 CMR, Massachusetts State Building Code,as amended the following deficiencies and/or violation(s)were noted: 0 (V�a� \ARC Section(s):qo.11 Location: Uja 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: Action required to abate the above violation(s)you must: 0 None:no violations were observed at the time of inspection Make corrections immediately and contact this office for a follow-up inspection Re-inspection fee of$ is required and a re-inspection to be requested by business within days. 0 Make corrections prior to your next annual or semi-annual inspection. 0 Property/business owner or owners approved agent contact inspector for consultation Official/Inspector: Telephone: 508 862-4038 Received By: Date: Print Name: Section 102.6 existing structures-The owner as defined in 780 CMR 2,shall be responsible for compliance with provisions of 780 CMR 102.6 And,if aggrieved by this notice and order;to show cause as to why you should not be required abate the violation in this notice,you may file a Notice of Appeal(specifying the grounds thereof)with the State Building Code Appeals Board within (45)days of the receipt of this order and in accordance with MGL c. 143§100. 1 ' MiEt�°xIFh.39_F,., Cerfifica, te of Inspection Report List Section 1.0.a t. Permit Required uirea Section .05m Permit Suspension or Revocation Section 105.7 Placement aft' erni t ( aa site) Section u0,3 Inspections ea nth d Section 1,10.7 Periodic Inspection (Valid Certificate) * Section *11.LO Certificate of(.'.Occupancy Section sltaac;e of Assembly Posting of Occupancy Section, li t . O-c u. )are r haaaoe Of Use Seeticaia a:t5.0 Stiop Wark()Me Section 116 laasaafe Structure Section 901,5 esting of Alarms/Sprinkier Systerar Sect of 901.9 R!re Protect os Sigma e Section 906 'Mr e E x.fin rarsitaers Section tttt .3-1 klaintenance of Exterior Stairs/.[,ire Sect OL12 Testin /Cert fica to Exterior Stairs/Fire Escape ee Section 1.0043 posting of Occupancy Limit Section 1.005 Means of Egress Sizing Section 1006 Nuinber of Exits and Access oars Section 1008 Means of tress Illumination Section 1 19:t(U m9 Door Operation :. Section 1,11111.9.1 Hardware (Locks and ., tc; es Seettrarr t.010. Att Panic Hardware r E > 50 Section 1.01t Staa llva -s Section 1012 Ramps Section 101.3 Exit Signs Section 101. andraills Section 101.5 Qwr s Section .1,030 Emergency Escape L_ ".' i � ..,,cce..r,..«...�Jr,.f�'t+t'�.�v�� -si'":�4'`ij'Y'�,�p' 'SJ�{,)�'� "`-..ji.s���.+'R<. ..l..s,�' �'" .�.-p f"-�.. ,3�•;::,f - �..,. .. '�.•,,,,w.r��.�' _ � J Town of Barnstable . ,,PMMM . Building Department Brian Florence, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 �g :90' Re: Multi-family (5-year Certificate) Dear Property Owner, Attached is an application for a Certificate of Inspection (COI) required by 780 CMR the Massachusetts State Building Code, Ninth Edition Chapter 1- Section 110.7 which reads. 110.7 Periodic Inspections The building o�idal shall inspect periodically existing buildings and structures and parts thereof in accordance with Table 110 entitled Schedule for Periodic Inspection of Exisfing Buildings Such buildings shall not be occupied or continue to be occupied without a valid certificate of inspection. Please complete the application and return it to the Building Commissioner's Office with the required fee (amount as set on the top right-hand corner); the fee must be paid before the Certificate of Inspection may be issued. Generally periodic inspections are unannounced;however you may feel free to contact us for inspection once the application fee is paid. For your convenience,we will be inspecting common areas, corridors, stairways, community rooms, emergency lights, exit signs to ensure that the batteries and lighting are functional and making sure that the doors work and the exits are clear. You will need to have any fire extinguishers and fire alarm systems inspected and tagged as appropriate a copy the technicians reports onsite for the inspection. If you would like to have your COI application emailed please provide an email on the Certificate of Inspection Application. Sincerely, �._. Brian Florence, CBO Building Commissioner jeoiletmf The State of Massachusetts Town of Barnstable rf0: p r, a New and Renewal Certificate of Inspection Application Date 8/30/2017 Fee Required 95.00 In accordance with the provisions of the Massachusetts State Building Code,Section 110.7, hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 164 WINTER STREET,HYANNIS Name of Premises: 164 Winter Street Multi-family DBA: 164 Winter Street Multi-family Purpose for which premises is used: License(s)or Permit(s) required for the premises by other governmental agencies: Certificate to be Issued to: 164 Winter Street Multi-family (Corp, LLC,or name of Business) Address: 164 WINTER STREET, HYANNIS Telephone: Owner of Record of Business or Establishment: Address: , Manager or Persons responsible for Ad Realty Trust daily operation: E-Mail: SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1) Make check payable to: TOWN OF BARNSTABLE 2) Return this application with your check to: BUILDING COMMISSIONER,200 MAIN STREET, HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# TIC-17-269 EXPIRATION DATE 5/5/2019 Town of Barnstable Building 41 Post This Card So�That�it is\/is�ble From the Str"eet �Approyed Plans Must be<Re#amed�on Job and;this Card Must be Kept �� ; 6AItN3TAg1.1:. = ,. a 't 7 " -' ;t - "„. � .�' ,. 8 °s, ;� 8t s,+ ' ' � �• h � �. '� M ¢ thje sted Until Final�lnspection Has Been Made � ,, . °. . % , �p •„r . Permit ' a°aCertificatiof O.ccu anc, isRe aired;such'Bildmg shall NotbeOccupied un#il a Final Inspection has been made ,F , _. . r r -�sw.s:p _. x. au".Q>::3�w,a..•"ai .:a... $aa,< a..<..�u£. s.t-..;.,��:.,.,..>..,: .�.: ,1'a._-_ _K-.•. a«�l.,,x3.,:.,:-Aa., ,;;. a #- ...s.�,.:...a,..; Permit No. B-18-159 Applicant Name: JOHN A MACKENZIE Approvals Date Issued: 01/23/2018 Current Use: Structure Permit Type: Building-Addition/Alteration-Commercial Expiration Date: 07/23/2018 Foundation: Location: 164 WINTER STREET, HYANNIS Map/Lot 309-258 Zoning District: RB Sheathing: Owner on Record: HOSTETTER,ADAM J&DANIEL C JR TRS Contractor Name:' .JOHN A MACKENZIE Framing: 1 14 N k .., Address: 770 A MAIN STREET Contractor License CS�085363 2 .. zr OSTERVILLE, MA 02655 ? IvEst Project Cost: $0.00 Chimney: Description: ESTABLISH (2) 2ND FLOOR EGRESSES 3'X3' PT LANDING U1l STAIR TO Wthjit F : $ 160.00 GROUND AND RAILING ;32X80 STEEL EGRESS DOOR. Insulation: Feb Paid $ 160.00 Project Review Req: THREE FOOT BY THREE FOOT LANDINGAND THREE FOOT Date 1/23/2018 Final: Q 7 !7 S WIDE STAIRS. Dr,, j G > v� Plumbing/Gas Rough Plumbing: .. a Building Official Y �£ Final Plumbing: 11 This permit shall be deemed abandoned and invalid unless the work authonzed�by this permit is commenced within six months Sfte�i-issuance. Rough Gas: All work authorized by this permit shall conform to the approved application enthe approved construction documentsf rwhich this permit has been granted. Final Gas: All construction,alterations and changes of use of any building and structuresYshall be in compliance with the local zoning by laws and codes. This permit shall be displayed in a location clearly visible from access street,`o%r ad and shall be maintained open for publi nsect on for the entire duration of the work until the completion of the same. y" Electrical The Certificate of Occupancy will not be issued until all applicable signatu es y the Build ng an'6i Fire Officials are provided on this permit. Service: Minimum of Five Call Inspections Required for All Construction Work Rough: 1.Foundation or Footing g 2.Sheathing Inspection Final: 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Low Voltage Rough: 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Low Voltage Final: 7.Final Inspection before Occupancy Health Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Work'hall not proceed until the Inspector has approved the various stages of construction. Final: "Persgns 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 I jQA V Section 9-Construction Supervisor TYJ fly Name /� �� � elephone Number v7/ �. SN n_ 1,� a,� Address ,P City State Zip e 6 * License Number��'t3� License Type Wit' Expiration Date e� Contractors Email Cell# I undmstmad my respoambil th,q nailer the rules and regulations far Licensed Coasamcdon Supervisor in accordance with 780 CMR the State Building Code. I tmdetstand the coastivction inspection procedures,specific inspections and do re by 780 CMR and the Town of Barnstable.Attach a copy of your license. Si Date �G ` �' Section 10-Home Improvement Contractor . Nam / ��m2/v `� Telephone Number 50�0 Address,2,11Y Alf . i' :�f State �I�` Zip —-- Eg ' l Registration Numlie���r�62.� pon Date AJ I understand my responsilaWes under the rules and regulations for Home 3mpM meat Ca&actors in accordance with 780 CMR the Massachusetts State Building Code. I tmderstaad the camstrvctian inspection procedm es,specific inspections and doc m by 780 CMR and the Town of Barnstable.Attach a copy of yota BLC.- Si Date Section 11 -Home Owners License Exemption Home Owners Name: Telephone Number Cell or Work Number I undmstand my responsI ities tinder the roles and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State BuMfing Code. I d the construction inspection procedm es,specific mspections and doc=entaton regard by 780 CMR and the Town of Bamstable. Signature Date APPLICANT SIGNATURE Si e Date Z -ZZ Print its - /�,� �s/ =� Telephone Number VJL�-�G E-mail permit to: �55rC The Commonwealth of Massachusetts Department of Industrial Accidents — Office of Investigations ' 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/]?I=bers Applicant Information Please Print Legibly Hanle(Business/Organization/Individual): t /LAL Address.,�9`!CFI City/State/ZipAl I' Phone#:6245� Are y 'an employer? heck the appropriate bog: Type of project(required): 1. I am a employer with ���. 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. ❑New construction listed on the attached sheet.. 7. ❑Remodeling 2.❑ I am a sole proprietor or partner- ship and have no employees These sub-contractors have g, ❑De on working for me in any capacity. employees and have workers' 9. uil Bding addition [No workers'comp.insurance comp.insurance. required..] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13.❑Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees, if the sub-contractors have employees,they must provide their workers'comp,policy number. I am an employer that isproviding workers'compensation insurance for my employees. Below is thepolicy and job site information. i Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: �� Job Site Address: / City/State/Zip: A�/�S` Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do h7e: b under the pains�andpen�aftlesf perjury that the information provided above is true and correct Si ma n Date: Phone Official use only. Do not write in this area,to be completed by city or town official City or Town: Perinit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector. 6.Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states dint"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced-acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions; please do not hesitate to give us a call The Department's address,telephone and fax number. The Comm mwealth of Massadhusetts IIepm meat of Indust is l Aoddents Office of luvestigations 600 Washington.Street Bostan,MA 02111 Tel,4 617-7274900 ext 406 or 1-977-MASSAFF, Fax#617-727-7749 Revised 4-24-07 www.m=.gov/dia gov/dia • t x. R e .. •' '�fze Tparr��zar�urP, a�C/�.aaaact �± � ¥�, ��# ^'�. �q $ - Office of Consumer Affairs&Business RegWitioh ; r = HOME IMPROVEMENT CONTRACTOR - k „ i TYPE ndividual .ReaistratI Expiration �• 183593 10/27/2019 �` ''JOHN MACKENZtE� I JOHN'MACKENZIE 248 CAMP ST W:YARMOUTH MA 02673 ;Undersecretary IV Massacchus Builetts Department of Public Safety ding Regulations and Standards Board License: CS-085363 w rvisor - Construction Supe JOHN A M.ACKENZIE 248 CAMP ST.L-1 m- WEST YARMOUTH MA*02fi73 1 Expiration: 0110312019 " Commrssro er X n dFTM Application NW-bir.Z.— .......... ............ ®L®f� Pe.3rtF=.......................................oJherFee........---............. TotalFee Paid..................................................................... TOWN OF Bx" . BUILDING PE Permit Approval by.....909.....................Oa....�1?� I�;Nl ��� _APPLICATION Q.-Ts Map.. ................Pamd........... .. ... Section 1 —Owners Information and Project Location Project.Address ��i �ti,(/kl�-- � ylge Owners Name Owners Legal Address N �,�`� city -fit- state (�� Owners Cell# +,�lo 2 fmai1 CC i ��G S o� 7 Section 2—Structural Use ❑ S' e/Two Family Dwelling ❑ Commercial St=ture over 35,000 cubic feet Commercial Structure under 35,000 cubic feet Section 3—Type of Permit ❑ New Construction ❑ . Move/Relocate ❑ Accessory Structure ❑ Change of use ❑ Demo/(entire structare) ❑ Finish Basement ❑ Family/Amnesty ❑ Fire Alarm 41 build El Deck Apartment ❑ Sprinkler System Adon ❑ Retaining wall ❑ Solar Renovation ❑ Pool ❑ Insulation Other—Specify a Section 4—Detail Cost of Proposed Construction dip Square Footage of Project Age of Stricture Dig Safe Number #Of Bedrooms Existing Total#Of Bedrooms(proposed) 110 MPH Wind Zone Compliance Method ❑ MA Checklist❑ WFCM Checklist ❑ Design Last updatc&/1172017 Section 5 -Work Description �. z GD ��' 4_ Section 6—Project Specifics ❑ Wiring ❑ Oil Tank Storage . ❑ Smoke Detectors ❑ Plumbing ❑ Gas ❑ Fire Suppression El.Heating System ❑ Masonry Chimney ❑Add/relocate bedroom -W-ateer-Supply ❑_.Public -- ----__ —_❑_.Private Sewage Disposal ❑ Municipal ❑ On Site Historic District ❑ Hyannis Historic District ❑ Old Kings Highway Debris Disposal Facility: I am using a crane C Yes ❑ No Section 7—Flood Zone Flood Zone Designation Within or adj acent to a wetland,coastal band Yes ❑ No ❑ Section S—Zoning Information Zoning District Proposed Use Lot Area Sq.Ft Total Frontage Percentage of Lot Coverage #of Dwelling Units(on site) Setbacks Front Yard Required Proposed Rear Yard Required Proposed Side Yard Required Proposed 'i Has this properly had relief from the Zoning Board in the past? ❑ Yes . 0 No Last updat &11/72017 r Section 9—Construction Supervisor Name Telephone Number Address City State Zip License Number License Type Expiration Date Contractors Emaf Cell# I understand my respoasMities under the rules and regulations for Licensed Construction SMpervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable.Attach a copy of your license. Signatue Date Section 10—Home Improvement Contractor Name Telephone Number Address City State Zip Registration Number --_-- Expn$ti - : - �Date -- - ----- --------- I understand my responsiifn ities under the rules and regabdons for Home Improvement Contractors in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and doamme�alion required by 780 CMR and the Town of Barnstable.Attach a copy of your H_I.C.- 6 Signature Date Section 11—Home Owners License Exemption Home Owners Name: Telephone Number Cell or Work Number I I understand my responsibilities under the rules and regulations for Licensed Canstruction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I mxlerstand the constivcti,on inspection procedures,specific inspections and „ documentation required by 780 CMR and the Town of Babble. Signature Date APPLICANT SIGNATURE 1 Signature Date i Print Name Telephone Number E-mail permit to: Last updated:I In2017 Section 12—Department Sign-Offs Health Department ❑ Zoning Board(if required ❑ Historic District ❑ Site Plan Review(if mquir4 ❑ i Fire Department ❑ j Conservation ❑ For commercial work,please take yourpIms ifirec dy to the fire dep=ftnentfor approval Section 13— Owner's Authorization I, 1 //�'Af— , as Owner of the subject property hereby authorizeQ,�o( Al xA to.act on my behalfs in all matters relative to work authorized by this building permit application for: (Address of job) Signature of Own �Le Print Name I • 11 Last updWad:11/7/2017 I oNLY 3'x3, APovltove-D �`16¢ �NTFR S T,QF�T ENO �4, F��lpy Sip pRAo S f, OHO FQp��Y � OtifjsnNc 9B, 9,9' ANC 13,g• O wV 0 c,Qo�F 6�00 OF M� qc s� ROBIN JQ WILLIAM , v WILCOXcn No. 31341 0 TERN NAL LAND TO THE BEST OF MY INFORMATION, "PROPOSED " PLOT PLAN KNOWLEDGE, AND BELIEF THE BARNSTABLE , MASS. STRUCTURES SH*OWN' ON'- THIS-'PLAN L.C. PL. 15177 F HAS BEEN LOCATED ON THE GROUND DATE 1Z15,/18 SCALE 1" = 30' AS INDICATED. JOB 7979-00 CLIENT HOSTETTER 1/15/18 ``�� SWEETSER ENGINEERING 203 SETUCKET ROAD DATE PROFESSIONAL LAND SURVEYOR PO BOX 713 SOUTH DENNIS, MA 02660 OFF. 508-385-6900 FAX. 508-385-6991 C: I S8 I PROD 1 7979-00 1 dwg 1 7979-CPP.DWG © 2018 SWEETSER ENGINEERING �I n4coRo CERTIFICATE OF; LIABILITY:INS_U:RANC°_E � ,� (DATE(MMroaYYrr► + THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS'NOIRIGHTS URON�THE(CERTIFlGATE HOLDER`,THS CERTIFICATE DOES NOT AFFIRMA7IVE,LY OR NEGATIVELYeAMEND 7,EXTENDkOR ALTER'•THEFCOVERAGEEAFF,ORDEWZY�TF ErpOLIC1ES BELOW. THIS CERTIFICATE OF INSURANGETDOES11'NOT„CONSTITUTE A CONTRACT BETVIIEEN THE'ISSUINGtINSURER(S),�AUTF10RiZED, REPRESENTATIVE OR PRODUCER,`AND THE CERTIFlCATE HOLDER '' �"': t , n ,,►_ R .„ IMPORTANT: If the certificate holder is an ADDIT10NAt_INSURED,'the policy(ies) must be endorsed. SUBROGA110N 15WAIVED,SUbj@CtfO I the terms and conditions of the olic ,certain, I P y policies may require an endorsement. A statement on this certificate does not confer`rigtits`to the` certificate holder in lieu of such endorsemen s " PRODUCER N ME: CT United Insurance Agency, Inc. PHONE M 199 Main Street 508 759-6595 Fax,h _ (508)ADORES 759-3822 P.O. Box 1013 Buzzards Bay, MA 02532 INSURE S AFFORDING COVERAGE " NAIC# 'Casualty asualt INSURED John Mackenzie INSURER8:Travelers Indemnit ' 248 Camp Street u L 1 INSURERD ------------- : INSURERE: •r. West Yarmouth, MA 02673 = INSURERF; - COVERAGES CERTIFICATE NUMBER: ' ISSUED TO, S REVISION:'NUMBER " THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN, THE INURED'NAMED ABOVE FOR•THE7 POLICY,PERIOD ' INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITK)N;OF'ANY CONTRACT OR OTHER OOCUMENT,,W(TH RESPECT TO;,WHICH THIS CERTIFICATE MAY ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED'HEREIN;IS SUBJECT TO ALL THE TERMS, , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.;INSR LTR TYPE OF INSURANCE AM SUER PIDOLICY EFF POLICYD(P LIMITS POUCY NUMBER MDY Mt7IDD YYYY A GENERAL LIABILITY L117002318 '9/23/17 5/23/18 E ` EACHOCCURRENCE »- $ 1 000 000, PR X COMMERCIAL GENERAL LIABILITY DAM4GE,TO RENTED r- $" 100"000 CLAIMS-MADE I X1 OCCUR MED DCP(Anyone person) PERSONACWADVINJURY.. ,$rj'1`1000 too GENERAL•AGGREGATE_;'" ( $",2 000,'.000 ¢ GENTAGGREGATELIMITAPPLIESPER PRODUCTS y00MP/OPAGGI $ xY2 000;x0"0O ; € POLICY PRO T p LOC AUTOMOBILE LIABILITY LI T -;� - •j „, a'accldert) .: - $ - ANY AUTO BODILY (Per perso $n) ALLOWNED SCHEDULED INJURY AUTOS AUTOS BODILY INJURY(Per,accldent) $ m, HIREDAUTOS _qNOOSWNED PROPERTYDAMAGE $ ar'eccident UMBRELLA LIAB OCCUR EACHOCCURRENCE $'' EXCESSLIAB CLAIMS-MADE 'AGGREGATE " DED RETENTION$ - - B WORKERAND COMPENYERS'LSATIONILIT ' 6HUB0632289117 9/24/17 - 9/24/18 _ WCST'M OTH AND EMPLOYERS'LIABILITY YIN X. '" - T. ANY PROPRIETOR/PARTNER/EXECUTNE IOR OFFICERMIEMBER EXCLUDED? NIA E.L.EACH ACgCENr*- �- $ °_ `M 100 °000 r (Mandatory In a E.L.DISEASE-EA EMPLOYEq ` �1oo,; bo L� If yyes und describe nder ^ DESORIPTIONOFOPERATIONSbelow E.L:bisEASE-POLICYLIMITS $ "` "{500.'000 3 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attaoh ACORD 101,Addltlonal,Rertorks Schedule;Hmore s-peca is regd Lred 1 Carpentry ' Workers Compensation policy does not- include coverage for,John:Mackenzie ' f s CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE,DESCRIBED POLJCIES,BE CANCELLED BEFORE .Y , THE P'EXPIR%TION;DATE ,;THEREOF, NOTICE WILL' BE OELJVERED IN, John Mackenzie ACCORDANCE WITH THE POLICY PROVISIONS .' "` 248 Camp St AUTHORIZED REPRESENTATIVE. I Ll West Yarmouth, MA 02673 f Kris:.Dexter- .. -. 1988-2010 ACORD CORPORATION 'AII rights reserved. ACORD 25(2010/05) The ACORD name and logo are-registered rnarW 6f AC.ORD - ' " V a Phone: Fax: z:• � E=Mail• di�on55@hotmai�l:coni t THE Regulatory Services fig'' do Richard V. Scali,Director ' Building Division BARNSTABLE * BAM�S�rpnpst,s,w; •��• r ��i1L5�0�Sni64�.L''-�'�.x3iYfAyµsj �cb i639 `�V Thomas Perry, CBO 1639.2014 pTED N1°�a Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 April 7, 2014 - Mr. Adam Hostetter AD Realty Trust 770 Main Street Osterville,MA 02655 Re: 75 Charlest Street 164 Winter Street Hyannis Multi-family (5-year Certificate) Dear Mt. Hostetter: Attached is an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Eighth Edition. Please complete the application and return it to this office with the required fee for the five- year Certificate of Inspection: 6 units - $97.000harles Street 2 (Amnesty) 5 units - $95.00Winter Street 1 (Amnesty) Total$192.00 The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5 of the State Code. Sincerely, Thomas Perry Building Commissioner TOWN OF BARNSTABLE INSPECTION WORKSHEET C H CERTIFICATE NO: 201402Z347 CANCELLED: MAP: 309 DBA: 1164 WINTER STREET MULTI-FAMILY PARCEL: 258 NAME/MANAGER: JAD REALTY TRUST STREET: 1164 WINTER STREET VILLAGE: JHYANNIS STATE: F MA ZIP: 02601 SEQ NO: 1❑ BUSINESS TYPE: MULTI-FAMILY CONSTRUCTION TYPE: STORYI: CAPACITY: USE1: R2 Capacity Under 50: ❑ STORY2: CAPACITY: USE2: Outside Seating: ❑ STORY3: CAPACITY: USE3: BY PLACE OF ASSEMBY OR STRUCTURE CAP1:. LOC1: 5 MULTI-FAMILY UNITS CAPS: LOC8: CAP2: LOC2: 2 STUDIOS CAP9: LOC9: CAP3: LOC3: (UNIT 1: AMNESTY) CAP10: LOC10: CAP4: LOC4: 3 ONE-BEDROOM CAP 11: LOC11: CAPS: L005: CAP12: LOC12: CAP6: LOC6: CAP13: LOC13: CAP7: LOCI: CAP14: LOC14: INSPECTION: DATE ISSUED: EXPIRATION: •_Pr nt?1<i�Is1Scre'ia 05/21/2009 05/05/2014 j 1 05/05/2019 C ica COMMENTS: ADAM J.AND DANIEL C.HOSTETTER. FORMERLY ISSUED TO W.CLARK TRUST 1 j a. The Commonwealth of Massachusetts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to AD REALTY TRUST Certify that I have inspected the premises known as: 164 WINTER STREET MULTI-FAMILY located at 164 WINTER STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R2 The means of egress are sufficient for;the following number of persons: Location Capacity Location Capacity 5 MULTI-FAMILY UNITS 2 STUDIOS (UNIT 1: AMNESTY) 3 ONE-BEDROOM Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 201402234 5/5/2014 5/5/2019 309 258 The building official shall be notified within(10) days of any changes in the above information. Building Official PERMIT PAYMENT RECEIPT TOWN OF BARNSTABLE BUILDING DEPARTMENT 200 MAIN STREET HYANNIS, MA 02601 � DATE: 04/11/14 TIME: 11 :57 -----------------TOTALS----------------- PERMIT $ PAID 95:00 AMT TENDERED: 95.00 CHANGEPLIED: 95.00 APPLICATION NUMBER: 201402234 PAYMENT METH: CHECK PAYMENT REF: 6554 COMMONWEALTH OF MASSACHUSETTS � TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY FIVE-YEAR CERTIFICATE Date 7 7 (X) Fee Required $ ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5, I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: N /� J',l£C Name of Premises: Purpose for which premises is used: MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL STUDIO �? 1 BEDROOM 3 2 BEDROOM 3 BEDROOM OTHER Certificate to be Issued to: 46 1101,4L7-y w S Address: 17104 S'V?,e£t'T Ds F, i' 1"C>r �'4 Telephone: Name and Telephone Number of Local Manager, if any: Owner of Record of Building: Ste-'� C. fa-$ A-0o v C Address: Name of Present Holder of Certificate: $Ai-h t_ 14 S' 14-e SIGMA RE O PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT fU- � 3£L PLEASE PRINT NAME INSTRUCTIONS: N M 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received befor-.the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: _ CERTIFICATE# I EXPIRATION DATE + � coiappmf The eo.mmonwealtb of �Raoe; rbuoettq; TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to W. CLARK TRUST X Certifp that I have inspected the premises known as: 164 WINTER STREET MULTI-FAMILY located at 164 WINTER STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R-2 �• The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity S MULTI-FAMILY UNITS 2 STUDIOS (UNIT.1: AMNESTY) 3 ONE-BEDROOM Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 70567 8/3/2003 8/3/2008 309 258 The building official shall be notified within(10)days of any changes in the above information. Building Official 1 e i 07/20/2003 22:27 915087906230 PAGE 05 COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE AP P11CATION FOR CER'T°TFiCATE OF INSP=10N Date Q 7 ' (X) Fee Required S ( ) No F+ee Required In accordance with the provisions of the Massachusetts State Builduag Code,Section 106.5,I hereby apply for a Certificate of Inspection for the below-named/premises located at the following address: // 4 ` Name of Premises: — -- Purpose for which premises is used: License(s)or Permit(s)required for the premises by other governmental agencies: License or bmit AMU Certificate to be Issued to: C #eK Address: Ll 3 )U6, /Y64 �T�[.,y�bus w /y1� Telephone: t 8 7;2 Z Owner of Record of Building: Address: --- - Name of Present Holder of Certificate: Name of Agent,if any: 01 5 T OF RSON TO WHOM CERTMCAT E I S/S,,rD OR AUTHORIZED AGENT PLEASE]PRINT NAME 11VST&WCTI0NS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check.to: BLILDING COINIIvIISSIONER,200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified, 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)drays of any change in the above information. CI?RTI ricATE#_2 -_.5 6 7 EXPIRATION DATE: 102oltsa COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY FIVE-YEAR CERTIFICATE Date (X) Fee Required$ ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code,Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located.at tt—the following address: Street and Number: l L� ��1-G�L,fiL� J//✓✓ Name of Premises: Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL � )L STUDIO . 1 BEDROOM f .1 2 BEDROOM 3 BEDROOM OTHER Certificate to be Issued to: Address: Telephone: Owner of Record of Building: Address: Name of Present Holder of Certificate: Name of Agent,if any: SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME. INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. CERTIFICATE# EXPIRATION DATE: coiappmf. l The Town ®f Barnstable BARNSTABLE. ' Department of Health Safety and Environmental Services 9 MASS. 0p f639. �0 pjFOMA'�� Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspecction Location Permit Number Owner Builder One n ice to remain on job sne notice on file in Building Departmefit. The following items need correcting: l,f A) Please call: 508-862-40 8 for re-in ction. Inspected by Date vZ P ' The Town of Barnstable EVE"D'yti� Office of Community and Economic Development 230 South Street '* auuvsrns�.e, MARL $ Hyannis, MA 02601 1639. AtfD MA'1 A Office: 508-8624678 uirector Fax: 508-790-6288 ACCESSORY AFFORDABLE HOUSING PROGRAM HOLT�S�ING ,INSPE g TI�ON AP,PROYI, l`1OTIC TO: Tom Perry,Building Commissioner FROM Robert Shea,BHA Housing Inspector DATE: RE: Inspection at: 16 f 41e,t fe,- -? 14 r wvo Dear Tom I have conducted a State Housing Inspection of a single-family/ ti-familydwe ' owned by 2-o P located at: 6PA Q®A �ors 52 ��, (ll. Tv"I r.oa 1 _ x" ��o Single-Family ulti-Family Units:&t Unit Capacity: J # Bedrooms: S t,d i Unit Capacity: # Bedrooms: Unit Capacity: # Bedrooms: Unit Capacity: # Bedrooms: It was found to be in compliance with the State Sanitary Code. Would you please arrange to have the Building Department do it's final inspection of the property in order to grant the Certificate of Compliance for the unit(s). Sincerely, Robert Shea PASS cc: Kevin J. Shea,Director Date: Office of Community&Economic Development Signature: Lois Barry,Building Department Q:CommDev/PT/Monitor/App rv1.doc r Town of Barnstable Regulatory Services a r • s 9 M se IUSTMMg Thomas F. Geiler,Director .q � s6; ♦0 16 Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 June 25, 2003 Ms. Linda Clark 33 North Main Street Falmouth MA 02540 Re: Certificate of Inspection 164 Winter Street, Hyannis - .309258 Dear Ms. Clark: Attached you will find an application for a Certificate.of Inspection-as:required by Section 106 S_of the Massachusetts.State Building Code, Sixth Edition. `_ 3: Please complete the application and return to the-Building Commissioner?s=Office with the required fee 5 Units - $95.00 (five-year certificate) The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5.2 of the State Code. Sincerely, Tom Perry Building Commissioner jcoilet 09/17/2002 15:36 915087906230 �Ata 01�y�%� Town of Barnstable ")permit# 7 y �1 Erpires 6 mewhsJfom Issue date DAIW4tAgt.rt. 3 Regulatory Services Fee . O KASO Thomas F.Geller,Director ° Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 ' Office: 508-862 4038.Fax: 508-790-6230 EXPRESS PERMXT AYFL1CArI0N - RESIDENTIAL ONLY Not Valid without Red X Press Imprint Map/parcel Number 3 O 9 AJ� S- r Property Address Residential Value of Work T/_ 6V l-- Owner's Name dt;Address Ja ! V ' o S :3 has Coptractox's Name'\ 6 Telephone Ntimbe �o� �"7" /� Home Improvement Contractor License#(if applicable)_ Construction Supervisor'9 License#(if applicable) lJ',71 ,JdWar"'s Compensation Insurance Check one: ❑ I am a sole proprietor I am the Homamer ❑ I have Worker's Compensation Insumce Insurance Company Name � Y ,n,ll �q 44 Workmen's Comp.Policy# Permit Request(check box) roof(stripping old shingles) All construction debris will be taken to 1 Yam('// { PP g B ) — ❑Re-roof(not stripping. Going over existing layers otrool) 0 Re-aide ❑ Replacement Windows, U-Value (maximum.44) ❑ Other(specify) #Where required: Issuance of thin panit does not exempt compliance with other town department regulations,i.e.Historic,Conservetiott,etc. Signature � A i ulations and Standards Board of Building Reg 7 CONTRACTOR HOMEIMP:ROVEMEN ' . Registration `.103195 xpratilug n ;7�5(ti004 oration E ate Corp BEDFORD CO )NC JM OF NEW = ELWELL PERRY 423 COGGESHALMA p2746 Administrator NEW BEDFORD, fi -� lee -�a,�,,,om...,ea/,C/L a�✓�aaa BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Numbed CS'., 017326 Bfrtf�i7�f��}I)9i�g/.�925 EftTF�s:OJ/28fi'i)03 Tr.no: 5310 ELWELL H PERRY t 423 COGGESHALL BT. NEW BEDFORD, MA Ufft Administrator CSR LG DATE(MM/DDIYY) ACMD CERTIFICATE OF LIABILITY INSURANCFOFN-1 3/ . /03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Humphrey, Covill & Coleman ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agency, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 195 Rempton St. P.O. Box 1901 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. New Bedford MA 02741 Phone: 508-9 97-3 321 INSURERS AFFORDING COVERAGE INSURED INSURER A: Savers Property & Casualty Ins INSURER B: J.M. of New Bedford Co., Inc. INSURERC: 423 Cogg eshall Street INSURERD: New Bedford MA 02746 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $' GENERAL AGGREGATE $ GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I ER A EMPLOYERS'LIABILITY WC0000655 10/21/02 10/21/03 E.L.EACH ACCIDENT $100000 E.L.DISEASE-EA EMPLOYE9$10 0 0 0 0 E.L.DISEASE-POLICY LIMIT $5 0 0 0 0 0 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO1 DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL -ID—DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Town of Barnet-able IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 200 Main Street REPRESEUMES. Hyannis , MA 02601 AUTHO D RESENTATIVE IRaACNLM ACORD 25-5(7/97) k ©ACORD CORPORATION 1988 Doc:881,241T 08-09-2002 10:39 BARNSTABLE LAND CWRT REGISTRY i • BAHNSfABIL � ' - � i Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Clark - Appeal2001-65 Applicant: William H=Clark a'nd JeanF.-Clark;Trustees;of the;'W Clark Trust Property Address: —164-Winter Street H_yanriis,N.[A Assessor's Map/Parcel: 1\4ap 309 Parcel 258 Zoning: Residential B District Applicant: The applicant is William H. Clark and Jean F. Clark,Trustees of the W. Clark Trust,with an address of Harbor s Ridge Road,N.Falmouth,MA 02556. William H. Clark and Jean F. Clark,Trustees of the W. Clark Trust is the entityto which this Comprehensive Permit is issued for the'conversion of an existulg.un=permitted studio' apartment unit within a multi-family dwelling to affordable rental units in accordance with all conditions of this y permit. Relief Requested: The applicant has applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B — "Affordable Housing" and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article 65,Pre-existing&Unpermitted Dwellings,more commonly termed the "Accessory Affordable Housing Program" The zoning relief necessary for this Comprehensive Permit to be issued would be that of a special permit under Section 474.5(2) Expansion of a Non-Conforming Use to permit one additional apartment unit when only four d are permitted. 14 The present permitted use of the premises is a 4-unit multi-familydwelling and the applicant is seeking to permit I r. one (1) additional unit. The multi-family dwelling is located in a single-family zoning district. The structure and ) use predates the inception of zoning for Hyannis and is therefore a pre-existing non-conforming use. j Locus: The propertyis a 0.18-acre lot developed with a 3,200 sq.ft.2-story apartment building. The structure houses 2 studios and 3 one-bedroom apartment units. The structure dates to 1930.The subject property was before the J Zoning Board of Appeals in 1999 with an appeal of the decision of the Building Commissioner(Appeal 1999- 40). The Building Commissioner cited the property on December 1998 as in violation of zoning. The Building Division records showed it as a four-family apartment unit. The fifth apartment unit was cited as not being permitted. On September 15, 1999,the Zoning Board of Appeals found to up-hold the Building JCommissioner's decision. The Board's decision was subsequently appealed to the Barnstable Superior Court (Docket No. 9'9-604). On April 26,2001 an order of remand was agreed upon bythe parties and the issue was remanded back to the Zoning Board of Appeals for consideration under the local Chapter 40B program pursuant to the Town's General Ordinances,Article LXV for a Comprehensive Permit for pre-existing and unpermitted dwellings. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notices sent to all abutters in accordance xvith 1\IGI.Chapter 40A. The hearing was opened oil July 11,2001, at which time the Comprehensive Permit\vas granted with condition;. The I Iearing Officer, Gail Nightingale proceceled over the pubic hearing. The applicant was represented by----- ------ were presenr at the hearing. _\lsa present were Paulette Theresa-McAuliffe, Program Coordinator, Office Of Community and Economic Development and Art Traczyk, Principal Planner,Planning Division. Findings as to Standing: At the lull 1111, hearing, the I Iearing Officer made the following findings of fact as related to the applicants standing on the request for a Comprehensive Permit in accordance with NfGL Chapter 40B. 1. The applicant has submitted the cope of a Transfer Certificate of'Title No. 75628 dated September 22, 1978, that transferred the property into the names of Vrilliam H. Clark and jean F. Clark,Trustees of the W. Clark Trust ? A site approval letter, elated, June 29, 2_00I signal by Kevin Shea, Director, Office of Community and Economic Development (as authorized by John C. hllmm,Town Manager to oversee the site approval process). The letter to William H Clark and Jean F. Clark, Trustees of the W. Clark Trust cited that the application was reviewed and found to meet rile threshold criteria established for the Accessory Affordable I rousing Program. It cites the subsidizing agent as the Town of Barnstable, Office of Community and Economic Development. The qu:111CVing program is the Community Development Block Grant Program (CDBG). The letter authorizes the applicant to proceed to seek a Comprehensive Permit. Based upon the findings, the I Iearing Officer ruled that the applicant has standing for an affordable housing Comprehensive Permit under \IGi. Ch. 4011 and the Town of Barnstable's program for Pre-Existing Dwelling Units in l xist.ing Structures, Article 65 of the General Ordinances. Findings of Fact on the Comprehensive Permit: At the hearing of July 11i1', the I Iearing Officer made the li>Ilowing findings of fact: 1. The applicant is,Vrdliam H Clark and Jean F. Clark,Trustees of the W. Clark Trust, recluesting a Compi-chensive Permit for converting an existing tin-permitted studio apartment unit within a multi- family dwelling to an affordable rental unit in accordance 'With all conditions of this permit. ?. The Building Commssioner cited the apartment unit in 1998 as being unpermitted. That decision was appealed to the Zoning Board of Appeals who upheld the Commissioner's Decision. Subsequentlythe applicant appealed the Board's decision to Superior Court and in April of tlus year it was remanded back for a Comprehensive Permit hearing in accordance with the local Accessory Affordable Housing Program 'Ilic unit, having been documented to exist prior to the January 01, 2001, and qualifies for the Accessory Affordable I lousing Program. 3. The applicant has completed the Application Form and Town staff has reviewed it inclusive of an inspection of the units by the Bamstable Housing Authority on April 7,2001. The-apartment unit passed the inspection 'With only needed minor repairs of window-locks,screens and replacement of the gas stove with an electric stove. The unit needs to be evaluated by the Building Commissioner for a determination as to the adequacy of ingress and egress to the unit. The applicant understands that the unit must meet all applicable state building codes and fire codes to allow for an occupancy permit to issue. 4. The building is connected to the public water and to the Town's Wastewater Treatment Facility and there is no concern for on-site septic or Title V requirements. 2 5. On June 06,2001, the applicant signed an Access or),Affordable Housing Program Affidavit that commits,to the recording at the Barrstable Registry of Deeds a Regulatory Agreement and Declaration of Restrictive Covenants. That document restricts the unit in perpetuity as an affordable rental unit. 6. The applicant understands that the affordable unit will be rented to a person or familywhose income is 80% or less of the Area Median Income (AivII) of Barnstable-Yarmouth Metropolitan Statistical Area (,BA) and further agrees that rent (including utilities) shall not exceed the rents established bythe Department of Housing and Urban Development (HUD) fora household whose income is 80% or less of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authorityshall be deducted from I-IUD's rent level. 7. The Barnstable Housing Authority has committed to the monitoring of this affordable rental unit.The maximum allowable rent for a studio apartment in toda)�s dollars is $722.00 including utilities.The tenant's annual income cannot exceed 529,250. The project is cleemed consistent with Kcal needs because it adequatelti!promotes the objective of providing affordable housing for the Tou n of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly, followed. Ruling & Conditions: Based upon the findings a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40'B with the following conditions: 1. This Comprehensive Permit is issued to Cyril =H Clark and Jean F. Clark,Trustees of the W. Clark Trust for 164 Winter Street,Hyannis,l`-IA It is issued to allow an existing studio apartment-to be an affordable rental-housing unit. 2. Occupancyof tlne affordable unit shall comply\vith the applicable building code of the Town. To the extent permissible b�,law, the ProperR,-owner sliall preferable select tenants who are residents of the Town of Barnstable. 3. To meet the requirements of affordability, the cost of housing (including utilities) shall not exceed 30% of the 80% of the median income for a single individual or two people as the case may be for the Barnstable- Yarmouth MSA- Rents and utilities for the affordable unit shall not exceed limits set bythe US Department of Housing and Urban Development (HUM). Those linnits can be secured from the Barnstable Housing Authority or from the agent of the town implementing this program. Today it is the Program Coordinator. 4. As cited in the home inspection report of April 7, 2001, all noted improvements shall be made. The unit's ingress and egress shall be inspected and approved by the Building Commissioner and the Hyannis Fire Department to assure the unit meets all applicable building and fire codes. 5. The applicant may select his own tenant provided the tenant meet the requirements of the program as cited in Condition 3 and provided that the individual's incorne is reviewed and approved bythe Barnstable Housing Authority as a qualified individual. The applicant will be required to work with the Housing Autliorityto provide information necessaryto document that the tenant qualifies. The unit shall be rented Oil an open and fair basis. Wien a vacancy occurs, the unit must be listed as available with the Barnstable Housing Authority and Housing Assistance Corporation. The applicant must notify the monitoring agent of it vacancy whenever it occurs. 6. Every twelve months the applicant shall review the income eligibility of the individual occupying the unit. No later than July30th of each year, the applicant sliall file With the Barnstable Housing Authoritya yearly 3 affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the Barnstable Housing Autliorityan),additional information it deems necessaryto verifythe information provided in the affidavit. Upon any report from the Barnstable Housing Authoritythat the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or Hearing Officer shall have the abdityto hold a hearing to show cause as to whytlus permit should not be revoked. The Authoritymay charge a fee for the yearly review and monitoring service not to exceed what is normally charged. If the property owner is charged a fec, the decision to do so must First be approved by the Zoning Board of ,\ppcals or the Hearing Officer. 7. This Comprehensive Permit shall not be transferable to any other person or entity without the prior permission of the Hearing Officer of Zoning Board of Appeals. ' lus 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 ox-mersliip of the property is transferred,the Barnstable Housing Authorityshall be notified ,Nidiln-60 da)s the name and address of the new owner. S. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2001-65 has been granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized must be exercised in one year. Appeals of this decision,if any,shall be nude to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17, Within twenty(20) da)s after the date of the filing of this decision in the office of the Town Clerk The applicant has the ght to appeal this decision as outlined in MGL Claapter.40B, Section 22. G Nightingale, wringi icer Da e Signed I tnda HUtChen der, Clerf the Town of Barnstable, Barnstable County,Massachusetts,iieruby 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 T Rn Clerk Signed and sealed this �a day of oZDo/ under the pains and penalties of petjary. Linda I Iutchenrider,Town Clerk 4 f 'r Town of Barnstable Regulatory Services BARMABM ems. Thomas F.Geiler,Director Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM DATE: 9/0-0 TO: File REGARDING: COI Multi-Family Use Re: Certificate of Inspection is inot required for this property--does not consist of 3 or more units within a single structure. Notes: (� p .f °F r Town of Barnstable Regulatory Services BAM` AM M Thomas F.Geiler,Director muss. 9q'� .�•`�� Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 CERTIFICATE OF INSPECTION CAPACITY INSPECTION DBA LOCATION / L/ Az A�z OWNER USE CAPACITY&FEE DATE OF INSPECTION INSPECTOR COMMENTS J990125a Fnie rqy . � The Town of Barnstable • BASNSPABM • 9 MAM Department of Health, Safety and Environmental Services i639' �0 'OrE M & Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner MEMORANDUM TO: Emmett Glynn Chairman, Zoning Board of Appeals FROM: Ralph Crossen Building Commissioner Az DATE: 9/15/99 RE: 164 Winter Street and 75 Charles Street,,Hyannis After a thorough search of all Town Hall records involving 164 Winter Street and 75 Charles Street, we find no evidence to support the owner's claim that these were originally constructed as more than 4 family units. Our opinion remains the same. These structures were four family homes that in one case had a fifth unit added and in the other case a fifth and sixth unit added. We stand by our original determination. g990915b . The Town of Barnstable MASS * sanr�srae�, • Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner MEMORANDUM U a DATE: June 24, 1999 TpWt�OF BAR%SfABLE C MINC APB c-, APPEAL--ti.,.:_.,.J TO: Emmett F.Glynn,Chairman,Zoning Board of Appeals FROM: Ralph M.Crossen,Building Commissioner RE: Clark properties 164 Winter Street,Hyannis 75 Charles Street,Hyannis An inspection was undertaken at the above properties pursuant to your request several weeks ago. The inspection entailed an evaluation of the plumbing system as well as the room configuration in order to determine if illegal apartments were added prior to or after the Clark's ownership. What I found clearly indicated to me that the subdivision of the first floors in two out of three of the buildings was clearly accomplished after the initial construction of the buildings. The demising wall in both cases was built right over a slant fin heating unit. This proves that the wall went in after the heating unit,thereby increasing the downstairs units in one building from two units to four and the downstairs units in the second building from two units to three. The plumbing showed copper soldering much later in age than the original construction plumbing. It was clear that the two illegal apartments in one building and one in the second building were added after the original construction,as we had thought There is no way of knowing with certainty whether the Clarks were responsible for this modification. However,it is clear that the modification was not part of the original construction. If you need any further assistance,I will be glad to provide it. cc: Alan Twarog,Associate Planner g990624a I� 01w TOWN OF BARNSTABLE - ZONING BOARD OF APPEALS Excerpts from the minutes of March 24,1999 Appeal Number 1999-39 and Appeal Number 1999-40 Clark Board Members hearing these appeals were Gene Burman,Ron Jansson,Gail Nightingale,Tom DeRiemer,and Chairman Emmett Glynn. Attorney Stephen McKenzie represented the applicants,William and Jean Clark. Edmond Flynn,an associate of the applicants,was present. Attorney McKenzie requested,and the Board agreed,to have both appeals heard together. Attorney McKenzie reported the applicants own these two houses and several other properties in this Town and throughout Massachusetts. When they bought this property in 1968,they were represented by an attorney who checked the zoning for that time. Town records indicated the houses were built in 1930. When they bought the property in 1968,they were given the"rent rolls"by the previous owner which indicated the properties were used as 5 and 6 family homes-the same as they are now used. They have not changed anything. Several affidavits were submitted to the file from people familiar with these properties. One of the affidavits is from Helen Nissley. It states,"I am the daughter of August Rosenbaum,who constructed these apartments at 75 Charles(6 apts)and 164 Winter(5 apts)in 1948." "These buildings have always been used for this purpose(6&5 apts)since 1948." There is an affidavit from Richard Koppen. He indicated his wife lived at 75 Charles approximately 44 years ago. Attorney McKenzie reviewed the other affidavits submitted. As background to the enforcement issues,these cases were originally sent to the Barnstable District Court for criminal proceedings. Attorney McKenzie was able to move it back to this Board after speaking to Jack Gillis, Division Supervisor of the Department of Health,Safety and Environmental Service for the Town of Barnstable. Mr.Gillis looked at the affidavits and information presented and was convinced these buildings were preexisting nonconforming uses and structures. Mr.Gillis determined not to proceed with the court action. Attorney McKenzie then presented the information to the Building Commissioner however he was"uncomfortable"with making a determination regarding these buildings and felt they should go before the Zoning Board of Appeals for a determination as to their nonconforming status. Based on the information submitted,Attorney McKenzie requested the Board overrule the Building Commissioner and issue a decision that these building are,in fact,preexisting nonconforming. The Building Commissioner addressed the Board. He stated the 1971 Assessor's Records for 164 Winter Street lists 2 family and 2 conversions for a four family dwelling. It lists the basement as empty. There are no building permits on file to show any change from a four family to a six family. Mr.Crossen has no municipal records that indicate anything beyond a four family and based on this research,he thinks this is a 4 family unit. As for the property at 75 Charles Street,the old records also lists 2 family and 2 conversions for a four family dwelling. That house has a full basement. In the current assessment it is listed as a four family. There are no building permits for this property to add any units and based on this information the Building Commissioner believes this to be a four family dwelling. The only information available is the affidavits and information supplied by Attorney McKenzie. Attorney McKenzie reminded the Board of the previous hearing this evening for another property where the Building Commissioner stated that most of the Town records"don't exist for most or almost all of the older houses". He also testified that the"records aren't the best for apartment houses over ten years old and we must go with the benefit of the doubt." First the Building Department told Mr.McKenzie he could not rely on the Assessor's Records so he did some research and provided numerous affidavits,then the Building Department said they are relying on those same(1971)field cards to say his use is not allowed.The Town is currently assessing these properties(and he is paying taxes for)a five family and a six family dwelling. The Board asked the Building Commissioner what triggered these cases since these houses have been occupied since 1930(69 years)as 5 and 6 family dwellings without an incidents or complaints. They asked what brought this to the Building Department's attention. The Building Commissioner indicated there are different reasons. The Building Department actively follows multi-family dwellings to make sure they are properly permitted. Mr. Crossen was not sure what originally caused these properties to come to his attention. A Building Inspector went out in August of 1996 and this case has gone on actively between 1996 to the present. � I Attorney McKenzie again stated the applicants have owned these properties for 32 years. Zoning in that area changed 43 years ago and Mr.McKenzie questioned why this issue never came up in all that time. There has been one owner and no change to the premises. Various agencies within the Town(including the Building Department in 1995)have been inside the buildings and this issue never came up until now. For the record,both dwellings have only one electric meter for each house-not individual meters. Board Member Gene Burman thinks these units were built as fourplexes-not 5 or 6 family homes. He also asked about the affidavit from Mrs.Nissley where she lists the date built as 1948 not older. Attorney McKenzie indicated that was only as far back as she could remember,but the"operative year"is 1951 (for the adoption of zoning for this area)and these homes were definitely built before that date. The house next door at 74 Charles Street is also owned by the applicant and that house is a four family. Attorney McKenzie reviewed the"rent schedule as of February 1, 1968"which he provided for the Board. Gail Nightingale asked if the homes could have been originally built as four units and then one unit divided into two studio units to give the total of five/six especially where the 1971 field card lists five bedrooms. The old field card states,"entrance gained-2 studio apts and 3 one bedroom apts." Attorney McKenzie reported the property is well maintained. The buildings contain low income units,Section 8 people,and disabled persons. The applicants are good property owners in the Town and after 30+years have had no complaints. Public Comments:No one spoke in favor or in opposition. The Board asked if perhaps the Building Commissioner could perform an interior inspection and view each apartment to see if he can determine when they were built based on the materials and construction techniques. After his inspection he can report back to the Board. Attorney McKenzie indicated the owner will be amenable to this inspection and he will make the arrangements for this inspection. Based on the Board's desire for this inspection, Attorney McKenzie requested a continuance. Excerpts from the minutes of May 05, 1999 Appeal Number 1999-39 and Appeal Number 1999-40 Clark Board Members hearing these appeals were Gene Burman,Ron Jansson,Gail Nightingale,Tom DeRiemer,and Chairman Emmett Glynn. Attorney Stephen McKenzie represented the applicants,William and Jean Clark. At the start of these hearings this evening,Chairman Emmett Glynn read a letter,dated April 27, 1999,from Attorney McKenzie in which he requested these appeals be continued. It was decided to continue Appeal Number 1999-.39 and Appeal Number 1999-40 to June 30,1999 at 7:30 PM. FROM MCKENZIE LAW OFFICE PHONE NO. 508 540 17201 Apr. 29 1999 12:08AM P2 r.r . STEPHEN 0. MCKENZIE ATTOF. NrI AT I, AW APR 2 9 �ggg April 27, 1999 TOWN OF BARNSTABLE Mr. Emmett Glynn, Chairman 70 °I1ARl�OFAPBLE Zoning Board of Appeals Town of Barnstable C �6 230 South Street P. O. Box 2430 Hyannis, NA 02601 ATTN: Ms. Debbie LaVoie VIA FACSIMILE (50g 2gg AND-FIRST CLASS MAIL RE: APPEAL NOS. 1999-39 AND 1999-40 164 WINTI✓R STREET and 75 CHARLESS STREET, HYANNIS, MA WILLIAM H. CLARK AND JEAN F. CLARK, TRUSTEES W. CLARK TRUST Dear Mr. Glynn: Please accept this correspondence as a request for cozi��uancetheHearing on the abovereferenced matter which.is currently set for 7:30 P. M. y, May 5, 1999 before the Barnstable Zoning Board of Appeals. This meeting is a continuation of the Hearing held on March 24, 1999. At the Nearing before the Board on March 24, 1999 the Applicant presented.several affidavits of citizens with personal knowledge of the properties as well as other supporting evidence to demonstrate that the two properties in question were pre-existing non-conforming uses and structures prior to the adoption of zoning by the Town of Barnstable. This position is also adopted by Mr. Jack Gillis, the Supervisor of the Department of Health, Safety, and Environmental Services as well as the staff referral report of the Planning Board. The Building Commissioner presented testimony and evidence (1971 Assessor's field cards) in opposition to the Applicant's position. There was aLso testimony by Mr. Gene Burman as to his knowledge and recollection of the properties_ At the Hearing the Board requested that the Applicant allow Mr. Crossett, the Town of Barnstable Building Commissioner to perform an interior inspection of the properties to see if he could determine when the properties were built based upon the construction techniques abd materials used.The Applicant was amenable to said request and made arrangements to meet with Mr. Crossen the following morning. The Hearing was continued until May 5; 1999. 200 MAIN S1'R&V•SUITE C • FAF.M%M1.•MASSACIIUS4"1'I'S 02540 TEL.(508)540-6355•FAX(508)540-1720 FROM MCKENZIE LAW OFFICE PHONE NO. 508 540 1720 Apr. 29 1999 '12:09AM P3 Mr. Crossen viewed nine apartments (five in one dwelling and four in the other) the next morning with Mr. Edward Flynn, on behalf of Mr. and Mrs. Clark. Subsequent arrangements were made with Mr. Crossen to view the remaining units by the Applicant. Mr. Crossen did not appear for two of such previous mutually agreed upon meetings. An inspector did thereafter meet with the Applicant and view the remaining units. Given.that there appears to be no adequate Town maintained records available to properly determine the age and use of the structures and the differing testimony presented at the Hearing, the Applicant hereby requests a continuance of the Heating set for May S, 1999. This request is respectfully made for two-fold reasons. Firstly, the continuance will allow the Applicant to con tinue their r -esesurch into the age and ownership history of the buildings and to obtain further ` documentary evidence of the age of the structures and fixtures and equipment contained therein to better demonstrate to the Board that the uses are in fact pre-existing non-conforming. Secondly, I find that although at the time Of the Hearing on March 24, 1999 that my calendar permitted me to appear before the Board on May S, 1999,that subsequently I will out of the area and unavailable until after May 10, 1999. Mr. and Mrs. Clark do not wish to appear unrepresented by counsel for this important matter, nor do they wish to have alternative counsel represent them before the Board. Given the foregoing, I respectfully request that the hearing set for May 5, 1999 at 7-30 P. M. be continued to the first date available following May 10, 1999. On behalf of Mr. and Mrs. Clark, I thank you for your courtesies and consideration. If you have any questions, pi do not hesitate to contact me. Sincerel . McKenzi SOM/ cc: William and Jean Clark The Town of Barnstable snarrsres�, • Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner March 30, 1999 Councilor Royden C.Richardson P0 Box 315 Centerville,MA 02632 Dear Councilor Richardson: In many respects I am caught between the horns of a dilemma. On the one hand,I recognize the need for understanding and compassion in the daily role of zoning enforcer. On the other I have been directed to enforce the zoning ordinances the way they are written. If I loosen up,as you suggest,I will be publicly criticized by the Zoning Board of Appeals for allowing some to avoid enforcement while others not;by Legal for potentially putting them in a position they are not able to defend;by the Barnstable lawyers for deviating from our"fair and impartial"policy to one that sometimes allows zoning violations to continue; but most importantly,I will get into trouble with my superior for doing so! There just doesn't seem to be any way I can please everyone on this. I have been asked,however,to write a proposed zoning ordinance that could legitimize apartments such as the Winter Street ones you are concerned about. My boss will be advancing this in the very near future. If you'd like to discuss this,please call. Sincerely, Ralph M.Crossen Building Commissioner RMCLkm g990330a TOWN OF BARNSTABLE - ZONING BOARD OF APPEALS Excerpts from the minutes of March 24,1999 Appeal Number 1999-39 and Appeal Number 1999-40 Clark Board Members hearing these appeals were Gene Burman,Ron Jansson,Gail Nightingale,Tom DeRiemer,and Chairman Emmett Glynn. Attorney Stephen McKenzie represented the applicants,William and Jean Clark. Edmond Flynn,an associate of the applicants,was present. Attorney McKenzie requested,and the Board agreed,to have both appeals heard together. Attorney McKenzie reported the applicants own these two houses and several other properties in this Town and throughout Massachusetts. When they bought this property in 1968,they were represented by an attorney who checked the zoning for that time. Town records indicated the houses were built in 1930. When they bought the property in 1968,they were given the"rent rolls"by the previous owner which indicated the properties were used as 5 and 6 family homes-the same as they are now used. They have not changed anything. Several affidavits were submitted to the file from people familiar with these properties. One of the affidavits is from Helen Nissley. It states,"I am the daughter of August Rosenbaum,who constructed these apartments at 75 Charles(6 apts)and 164 Winter(5 apts)in 1948." "These buildings have always been used for this purpose(6&5 apts)since 1948." There is an affidavit from Richard Koppen. He indicated his wife lived at 75 Charles approximately 44 years ago. Attorney McKenzie reviewed the other affidavits submitted. As background to the enforcement issues,these cases were originally sent to the Barnstable District Court for criminal proceedings. Attorney McKenzie was able to move it back to this Board after speaking to Jack Gillis, Division Supervisor of the Department of Health,Safety and Environmental Service for the Town of Barnstable. Mr.Gillis looked at the affidavits and information presented and was convinced these buildings were preexisting nonconforming uses and.structures. Mr.Gillis determined not to proceed with the court action. Attorney McKenzie . then presented the information to the Building Commissioner however he was"uncomfortable"with making a determination regarding these buildings and felt they should go before the Zoning Board of Appeals for a determination as to their nonconforming status: Based on the information submitted,Attorney McKenzie requested the Board overrule the Building Commissioner and issue a decision that these building are,in fact,preexisting nonconforming. The Building Commissioner addressed the Board. He stated the 1971 Assessor's Records for 164 Winter Street lists 2 family and 2 conversions for a four family dwelling. It lists the basement as empty. There are no building permits on file to show any change from a four family to a six family. Mr.Crossen has no municipal records that indicate anything beyond a four family and based on this research,he thinks this is a 4 family unit. As for the property at 75 Charles Street,the old records also lists 2 family and 2 conversions for a four family dwelling. That house has a full basement. In the current assessment it is listed as a four family. There are no building permits for this property to add any units and based on this information the Building Commissioner believes this to be a four family dwelling. The only information available is the affidavits and information supplied by Attorney McKenzie. Attorney McKenzie.reminded the Board of the previous hearing this evening for another property where the Building Commissioner stated that most of the Town records"don't exist for most or almost all of the older houses". He also testified that the"records aren't the best for apartment houses over ten years old and we must go with the benefit of the doubt." First the Building Department told Mr.McKenzie he could not rely on the Assessor's Records so he did some research and provided numerous affidavits,then the.Building Department said they are relying on those same(1971)field cards to say his use is not allowed.The Town is currently assessing these properties(and he is paying taxes for)a five family and a six family dwelling. The Board asked the Building Commissioner what triggered these cases since these houses have been occupied since 1930(69 years)as 5 and 6 family dwellings without an incidents or complaints. They asked what brought this to the Building Department's attention. The Building Commissioner indicated there are different reasons. The Building Department actively follows multi-family dwellings to make sure they are properly permitted. Mr. Crossen was not sure what originally caused these properties to come to his attention. A Building Inspector went out in August of 1996 and this case has gone on actively between 1996 to the present. Attorney McKenzie again stated the applicants have owned these properties for 32 years. Zoning in that area changed 43 years ago and Mr.McKenzie questioned why this issue never came up in all that time. There has been one owner and no change to the premises. Various agencies within the Town(including the Building Department in 1995)have been inside the buildings and this issue never came up until now. For the record,both dwellings have only one electric meter for each house-not individual meters. Board Member Gene Burman thinks these units were built as fourplexes-not 5 or 6 family homes. He also asked about the affidavit from Mrs.Nissley where she lists the date built as 1948 not older. Attorney McKenzie indicated that was only as far back as she could remember,but the"operative year"is 1951 (for the adoption of zoning for this area)and these homes were definitely built before that date. The house next door at 74 Charles Street is also owned by the applicant and that house is a four family. Attorney McKenzie reviewed the"rent schedule as of February 1, 1968"which he provided for the Board. Gail Nightingale asked if the homes could have been originally built as four units and then one unit divided into two studio units to give the total of five/six especially where the 1971.held card lists five bedrooms. The old field card states,"entrance gained-2 studio apts and 3 one bedroom apts." Attorney McKenzie reported the property is well maintained. The buildings contain low income units,Section 8 people,and disabled persons. The applicants are good property owners in the Town and after 30+years have had no complaints. Public Comments:No one spoke in favor or in opposition. The Board asked if perhaps the Building Commissioner could perform an interior inspection and view each apartment to see if he can determine when they were built based on the materials and construction techniques. After his inspection he can report back to the Board. Attorney McKenzie indicated the owner will be amenable to this inspection and he will make the arrangements for this inspection. Based on the Board's desire for this inspection, Attorney McKenzie requested a continuance. It was decided to continue Appeal Number 1999-39 and Appeal Number1999-40 to May 05, 1999 at 7:30 PM. oFTMe . . °� The Town of Barnstable • snarrsresi.�, • 9� 1639. ,0�' Department of Health Safety and Environmental Services '�Eo► ' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-90-6230 Building Commissioner MEMORANDUM DATE: February 8, 1999 TO: Emmett Glynn,Chairman,Zoning Board of Appeals FROM: Ralph M.Crossen,Building Commissioner RE: 891 Main Street,Osterville,MA .164 Winter Street,Hyannis 75 Charles Street,Hyannis Attached are the files you requested regarding the above referenced properties. cc: Thomas Geiler,Director of Health, Safety&Environmental Services Robert Smith,Town Attorney e . . °� The Town of Barnstable • ,nxrrsrAMX « ,` Department of Health, Safety and Environmental Services ArED MA�� Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 2, 1998 William and Jean Clark Harbor Ridge Road North Falmouth, MA 02556 Re: 164 Winter Street, Hyannis (309 258) Dear Mr. and Mrs. Clark: An investigation of the above-referenced property shows that the use beyond four family units is in violation of zoning and must cease immediately. You have the right to appeal if you so choose. If you decide to appeal, we will be happy to assist you in any way we can. Sincerely, j Ralph M. Crossen Building Commissioner RMC/lbn g980902c OFF . . ; The Town of Barnstable 1659. Department of Health, Safety and Environmental Services Fo Ma+° Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner December 17, 1998 Stephen O. McKenzie Attorney At Law 200 Main Street Suite C Falmouth,MA 02540 Re: 164 Winter, Street, Hyannis (309 258) Dear Attorney McKenzie: An investigation of the above-referenced property shows that the use beyond four family units is in violation of zoning and must cease immediately. You have the right to appeal if you so choose. If you decide to appeal, we will be happy to assist you in any way we can. Sincerely, Ralph M. Cr ssen Building Commissioner RMC/lbn g980902c i STEPHEN 0. MCK,n�TnTP ATTORNEY AT L December 17, 1998 STIEPHEN 0. MCKENZI Mr. Omar R. Chartrand ATTORNEY AT LAW Clerk-Magistrate Barnstable District Court 200 MAIN STREET Court House FALMOUTH,MA 02540 TEL(508)540-6355 FAX(508)540-1720-U20 Main Street Barnstable, MA 02630 - RE: BARNSTABLE DISTRICT.COURT DOCKET NO. 9825 AC 010574 TOWN OF BARNSTABLE v. WILLIAM CLARK Dear Mr. Chartrand: By Agreement of the parties, all prosecution by the Town of Barnstable under the municipal by- law relative to the alleged zoning violation shall be suspended for a period of thirty days from the date hereof to allow the Defendant to file an appeal of denial by the Building Commissioner with the Zoning Board of Appeals. The parties have agreed that the matter may be resolved through an appeal proceeding with the Zoning Board of Appeals in place of court proceedings. In the event that the Defendant shall fail to file such appeal within thirty days from the date hereof, the parties agree that all further proceedings in this matter will be through the District Court and the Defendant shall have waived its right to appeal of the Zoning Board. This Court has the authority to continue all proceedings in this matter pending resolution through the Zoning Board of Appeals. In addition, the resolution of this matter through an appeal proceeding through the Zoning Board of Appeals would serve the interest of judicial economy by removing this case from the Court's already crowded trial calendar. Kindly reschedule this matter to a date convenient for the Court following the expiration of said thirty days. Thank you for your assistance. Since ly, p . Mc SO / 4Ke ASSENTED TO I, Jack Gillis, Supervisor of Town of Barnstable Consumer Affairs Division, hereby assent to the foregoing continuance. JACK GILLIS, for the Town of Barnstable 200 MAIN STREET• SUITE C • FAIAIOUTH•MASSAWUSET'rS 02540 TEL. (5081 540-6355 •FAX(508) 540-1720 oF� . . °: The Town of Barnstable hUft • Bnnxsrnai.E. • 9� 1639. `0�' Department of Health, Safety and Environmental Services QED niw'�" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 2, 1998 William and Jean Clark Harbor Ridge Road North Falmouth, MA 02556 Re: 164 Winter Street, Hyannis(309 258) Dear Mr. and Mrs. Clark: An investigation of the above-referenced property shows that the use beyond four family units is in violation of zoning and must cease immediately. You have the right to appeal if you so choose. If you decide to appeal, we will be happy to assist you in any way we can. Sincerely, C Z Ralph M. Crossen Building Commissioner RMC/lbn g980902c 07/01/1996 15:09 508-790-0556 BRADFORD'S HARDWARE PAGE 01 AFFIDAVIT i of . make oath and sav that I ave been a resident of Hyannis for �cL years , and that I .�u yus f �°os�.v3����► Print name Signed and sworn to by the said L�� J ..� _. ...... • ��Ly 1998 before me Notary Public AFFIDAVIT I --��OSgi N kiA) 6 of I V W p��AJU�/�S m a k e oath and say that I have been a resident of ifpa n7ris f o r years , and that I am familiar with and do know that 75 Charles Street and 164 Winter St . . Hyannis have been 6 + 5 family apartment buildings for over years . �Aj Print name Signed and sworn to by the said V ®. _,J U '1121998 before me Notary Public My Commission Expires : �� Ul l AFFIDAVIT ofU� �gsF �, make oath and say that I have been a resident of Hyannis for '/ vears , and that I am familiar with and do know that 75 Charles Street and 164 Winter St . , Hyannis have been 6 + 5 family apartment buildings for over years . ° Print name Signed and sworn to by the said 'SC4IUZ�C _ dc�lGL _ a 1993 before me Notary Public 1'n~ My Commiss o Expires : �� � � � � A FFID6VIT � ] f . make oath and say that I have been e resident of 8yaonis for yeers , and that I am familiar with and do know that 75 Charles Street and 164 Winter St . . Hyannis have been 6 + 5 � �l� family apartment buildings for over / � years . � RICA 01 � � Print name ` � Signed and sworn to by the said - . . VAI __ 1998 before me Notary Public � ' � My Comm io � Expires : � � � � | ^ ' / � AFFIDAVIT I K e L UJOI o f f A1l9Rl AAw T�72RAf�, make oath and say that I have been .a resident of �s for CAh7?7Lt1/L4jE� years , and that I am familiar with and do know that 75 Charles Street and 164 Winter St . , Hyannis have been 6 + 5 family apartment buildings for over years . dr XAWZ7 Print name Signed and sworn to by the said k k�144WC Cl J UN 22 1998 before me j 'A' Notary Public My Comm i s Expires :_ i, �T AFFIDAVIT _t c..✓',c'f f S� S �QQ_�S� k) , , make oath and say that I have been a resident of Hyannis for a years , and that I am familiar with and do know that 75 Charles Street and 164 Winter St . , Hyannis have been 6 + 5 family apartment buildings for over `// -7 years . Print name Signed and sworn to by the said 1998 before me Notary Public . My Commission Expires : -1�I• ZoD �4, r- STEPHEN O. McKENZIE ATTORNEY AT LAW April 7, 1998 Mr. Jack Gillis, Supervisor Department of Health, Safety, and Environmental Services Consumer Affairs Division Town of Barnstable HAND DELIVERED 230 South Street P. O. Box 2430 Hyannis, MA 02601 RE: BARNSTABLE DISTRICT COURT DOCKET NO. 9825 AC 010574 WILLIAM CLARK Dear Mr. Gillis: Pursuant to our telephone conversation this date, please be advised that I represent Mr. William Clark, the Defendant in the above-entitled matter with respect to the premises located at 75 Charles Street, Hyannis, Massachusetts and the premises located at 164 Winter Street, Hyannis, Massachusetts. In point of fact, the correct Defendant is not Mr. Clark, individually, but should be William H. Clark and Jean F. Clark, Trustees of the W. Clark Trust. The above premises were conveyed by Mr. and Mrs. Clark to the Trust on July 1, 1978 and the Trust has owned the properties since that date. As we discussed, I have been retained by the Trust to represent the Trustees in this matter. Ms. Linda Clark, on behalf of the trust has previously met with you and presented you with documentation that the current use of this property has not changed and has been the same since before the Clarks acquired the properties over thirty years ago. The dwelling at 75 Charles Street was a six-family dwelling and the dwelling at 164 Winter Street was a five-family dwelling and the Clarks have not changed this use at any time since they acquired the properties. This matter has been set for a hearing before a Clerk-Magistrate on Thursday, April 9, 1998 at 2:00 P. M. to determine whether criminal proceedings will be commenced. As we discussed and agreed on the telephone today, we would like the hearing continued until some time in late June or early July in order to pursue a variance request through the Zoning Board of Appeals, or in the alternative to provide sufficient information to the Town of Barnstable that the current use of the premises are legal"uses, either as pre-existing non-conforming uses or by other through some previously issued zoning relief. I have spoken with Ms. Debbie LaVoie at the Zoning Board and it appears that we could possibly get on the June 3, 1998 agenda if we can assemble the necessary documentation in time to get application into the Board next week. We therefore,-. respectfully request that the Hearing at the District Court be continued until early July; 199� 8 tE o allow sufficient time to pursue relief before the Zoning Board. 200 MAIN STREET• SUITE C • FALMOUTH• MASSACHUSETTS 02540 TEL. (508) 540-6355 •FAX(508) 540-1720 As we discussed, kindly present this to the Clerk-Magistrate and continue the Hearing. As we further discussed, I and my clients do not need to attend this hearing and we will be informed of the new date. I look forward to meeting you in person and to resolve this matter smoothly and amicably. I will contact you later this week to arrange a convenient time to come to your offices and review any available background material. Thank you for your cooperation and professionalism in this matter. Sincer p'e O. M e SOM cc: William H. Clark, Trustee Jean F. Clark, Trustee Linda J. Clark Gloria M. Urenas, Zoning Enforcement Officer APPLICATION NO. 0 Mt 'T'tE..... ...COIIP N . ,3.:.; Trial Court of Massachusetts . >::>: .., >.. 25 A 010574 «;«. 98 C .... »>;;>:<.;;;:<.;:.;:.;:.;:.; ;..:.... District Court Department p DATE OF APPLICATION DATE OF OFFENSE CITATION NO. NO.OF COUNTS COURT NAME&ADDRESS 3/06/98 8/27/97 1 2 BARNSTABLE DISTRICT COURT LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, P.O. BOX 427 BARNSTABLE BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427 NAME AND ADDRESS OF DEFENDANT (5 0 8) 3 6 2-2 511 WILLIAM CLARK DATE OF HEARING HARBOR RIDGE ROAD 7/0 9/9 8 MUST APPEAR AT N FALMOUTH MA 02556 TIME OF HEARING ABOVE COURT ON 2 : 00 PM THI E DATE AND SCHEDULED EVENT CLERK'S HEARING (G.L. c.218, §35A) NAME AND ADDRESS OF COMPLAINANT GILLIS, JACK CONSUMER AFFAIRS 230 SOUTH STREET HYANNIS MA 02601 FIRST SIX COUNTS 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL 2 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL TO THE ABOVE-NAMED COMPLAINANT: You are hereby notified that a hearing on your application for a criminal complaint against the above named defendant will be held at this court by a magistrate on the date and time indicated. If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice andreport to the Clerk-Magistrate's office upon arrival at the court. If you fail without good cause to appear at the hearing, the application will be dismissed. DATE ISSUED CLERK-MAGISTRATE 4 09 98 ATENC16N:ESTE ES UN AVISO OFICIAL OE LA CORTE.SI USTED NO SABE LEER INGLES,OBTENGA UNA TRADUCC16N. ATTENTION:CEYI EST UNE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.SI VOUS€STES INCAPABLE DE LIRE ANGLAISE,OBTENEZ UNE TRADUCTION. ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRAOUZIONE. ATENQAO:ESTE E UM AVISO OFICIAL DO TRIBUNAL.SE NAO SABE LEA INGLE9,OBTENGA UMA TRADUQAO. LUU-Y:DAY LA THONG BAO CHINH THUC CUA TOA-AN,NEU BAN KH6NG DOC DUOC TIENG ANH,HAY TIM NGd01 OICH Ha. CH2 4/09/98 2:00 PM L WE The Town of Barnstable BAMSTMM 9� ,MAM 6 9. `0S' Department of Health Safety and Environmental Services Argo�a�" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner CASE SUMMARY ZONING DISTRICT RB ASSESSORS MAP# 309 DATE 3/ 7/98 ASSESSORS PARCEL# 258 PROPERTY ADDRESS: 164 Winter Street Hyannis MA 02601 OWNER(S) OF RECORD: William & Jean Clark ALLOWED USE: Four(4) Residential Units CURRENT USE VIOLATION: Five (5)Residential Units HISTORY • 3/11/97 Building Inspector Martin performed inspection which revealed existance of five residential units. • 4/11/98 Notice of violation letter sent by Barnstable Building Department, • 4/29/97 Linda Clark sent letter in response - no resolution. • 8/22/97 Inspector Jones performed re-inspection- no change. • 8/27/97 Letter sent from Mr. Jack Gillis, Division Supv., Barnstable Department of Health, Safety & Environmental Services, Consumer Affairs Division-no response received. • 12/9/97 Building Dept. requested Mr. Gillis to persue court action. • 3/27/97 Verification of tenants. .. .,.... ....... . .�.. .._, ....:.i:{.a.�1.L......i�.... .....:r�1',1v:. i�:�r.41�.... ....�!a✓i:J..��.'.)ai�-:\;..�......���'.:.1 i�k�r r.i"a:...S-.rJ....'r'.....i...l...✓i:..:iJ..:.:;a• .L:as.r� TOWN OF SB8�t8T8HL� ON g08T OBT 88Y/Q08'rIN I)Znszox ULKE (LSSS, lIE�DI�� rOZZ DLTAIIS s OSS=Vi=oxs-i z= gVIDEKGE. SERIAL IS ETC. m . VA --------------- ' - l SENDER: ti ■Complete items 1 and/or 2 for additional services. I also wish to receive the H ■Complete items 3,4a,and 4b. following services(for an N ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you.41 " ai ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address permit. y ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted'Deslvery y ■The Return Receipt will show to whom the article was delivered and the date a delivered. Consult postmaster for fee. 0 3.Article Addressed to: 4a.Article Number d E E 4b.Service Type d 0 zJ ❑ Registered ❑ Certified 9 0, uNi ,.� ❑ Express Mail ❑ Insured 7 GRetum Receipt for Merchandise ❑ COD c / - _ 7.Date of Del've w I Dass� � ip 5.Received By: (Print Name) 8.Addressee's Address(Only if requested c I W and fee is paid) t 6.Signatu : (Addresse VA �rit o (X I ,z PS worm 11, December 1994 Domestic Return Receipt I UNITED STATES POSTAL SERVICE First-Class MailPostage&Fees Paid USPS Permit No.G-10 I • Print your name, address, and ZIP Code in this box • i Town of Barnstable Building Division 367 Main St. Hyannis,MA 02601 I I I I I � I Receipt for Certified Mail No Insurance Coverage Provided o UNITED STATES Do not use for International Mail ros SERVICE (See Reverse) co Sent o. 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Save this receipt and present it if you make inquiry. 105603-93-B-0216• OFWE go . �. *e',Town of Barnsta le • satuvsrnBt.E, • ` -�' Department of Health Safety and Environmental Services 39.ArED Meg" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner April 11,1997 Mr. William Clark Harbor Ridge Road North Falmouth,MA 02556 RE: 164 Winter Street,Hyannis,MA (M-309/P-258) Dear Property Owner: Our records indicate that your house at, 164 Winter Street,Hyannis,MA, is currently being used as a five family home contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: 1) apply for a building permit to restore the property to a four family home 2) apply to the Zoning Board of Appeals for a variance 3) prove that this is a legal five-family You must contact this office immediately to tell us what direction you wish to take. Sincerely, Gloria M.Urenas Zoning Enforcement Officer GMU:lb CERTIFIED MAIL-Z 348 631 893 f9703IIa TOWN OF BARNSTABLE REPORT PLDMENTARY/CONTINII�'N REPORT NAME (LAST, FIRST, MIDDLE) DZVISZON /D1PT n 1 NOTE DETAILS A OBSERVATIONS-ITEMIZE EVIDENCE, SERIAL IS ETC. K--sog 2- GyZ� �df/ Cr 1 PAGE I f .: fit rw- 41 AlijL L = - w � � f z 3 _ ti. pz - a r. = � Il ._. RCPERTY ADDRESS ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I STATE CLASS I PCs I NBHD KEY NO. 0164 WINTER STREET 07 RB 400 07HY 01/04/96 1111 00 638C R309 258. 225580 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS IT UNIT ADJ'D. UNIT LanD By/Dare Sae D'men<,on ACRES/UNITS VALUE DascrlDlion C LARK i W I L L I A M H & J E A N F MAP - LOC./YR.SPEC-CLASS ADJ. COND. P PRICE PRICE pt.iND 1 17 700 cD. FF.De,_A as E CARDS IN ACCOUNT — 10 18LD6.SI7 1 X .18 =10 328 29999.95 98399.99 .18 17700 #BLDG(S)-CARD-1 1 71.100 01 OF 01 IIIa #PL 164 WINTER STREET HY ((BATHS 5 .0 U X C= 100 1750O.00 17500.00 1.00 17500 B #DL LOT 12E MARKET 102700 FIREPLACE U X i C= 100 3100.00 3100.00 1.00 3100 d qRR 1866 0070 0639 0065 INCOME ISR GROVE STREET USE D APPRAISED VALUE DO A 88,800 (PARCEL SUMMARY i S LAND 17700 T ; BLDGS 71100 M ! O—IMPS TOTAL 88800 E I iN CNST i I DEED REFERENCE TV— DATE Reco.tl.tl PRIOR YEAR VALUE T ge 'n'l. Book MO. Vr.Df Sala'P"°' LAND 17700 Pa S C42269 00/00 BLDGS 71100 TOTAL 88800 1 I ? I BUILDING PERMIT - *ENTRANCE GAINED Number Dale Tyw 2 STUDIO - APT S - LAND LAND-ADJ INC ME tUSE SP-BLDS FEATURES BLD-AOJS UNITS I 3 1 BEDROOM APTS 17700 I 20600 1 THERMASTAT FOR Class cal ils Uni s Base Rale Atll.Rate A Year Buil' qge De D,. CDon tl, CND. Loc. h R.G. Repl.Cost New AOj.Repl,Value Broyles Neignr Rooms eE Rms.Batns F Fir. Parlywall F— BL D G............ LAND ADJUSTED 04C 000 100 100 70.10 70-10 30 65 29 66 85 51 139490 71100 2.13 11 5 5.0 20.0 FOR ECONOMICS--- P Rale Spuare Feet RePI.Cost MKT.INDEX: 1.DD IMP.BY/DATE: ML 1 2/87 SCALE: 1/01.00 ELEMENTS CODE CONSTRUCTION DETAIL i lion 100 70.10 960 67296 CNST GP: 58 a10 0 70.1 0 1 60 1 1 216 +------- 40----- -40 -------------* STYLE 18 ULTI FAMILY 0.0 820 60 42.06 960 40378 ! ! I E-STGN-ADJMT -DO EXTER-WiALLS 11 000-391NgGLE5 0.0 ! q EAT/AC TYPE 09CI L-HOT-WATER 0.0 NTE79:ETNr3R 05 PUASTER----------- 0.0 ! I NTtR:LAY0UT- 1-2 VER.-I-1dORMAL ____�:0 INTER QUALTY 02SAPIIE AS EXTER. 0.0 24 BASE 24 IFL -09 STRQCT 02 W D JOIST/SEAM 0.0 D W ! ! EFLOJR CSVER 01406W0p6 ----------0.0 E T—IAl— Base= 1120 ! ! J f TYPE 01GA3_LE-A_SPH__SH_____0._0 BUILDING DIMENSIONS ! ! L E C T R I C A L_ D 1 1!E R A G E (J.Q T BAS W40 1SB SO4 E40 N04 W40 .. ! ! FOU40AT10N Ol -O4CRETE BL S'OCK 9.4 A BAS N 24 E40 S2 4 820 N 24 W40 -- ---- --- - - -- - - -------------- ! i LS24 E40 .. ! ! --- NEI�H80R 6OD -63BC-IfYANVI-9 - -- - *---------------~- ------------------X LAND TOTAL MARKET 4 1S8 4 PARCEL 17700 88800 *-------------------40------------------* AREA 2325 VARIANCE +0 +3719 STANDARD 20 RESIDENTIAL PROPERTY 4 t MAP NO. LOT NO. FIRE DISTRICT SUMMARY �58 STREET 164 Winter St. Hyannis LAND y -7 3 G k BLDGS. dS'7� /�b 9 OWNERS//lG�w� `�Q✓�C H TOTAL 3a� s RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: Lot 1 2E LC 15177-F (2) LAND BLDGS. Clark William H. & Jean F. 1$ 68 4 11 C f. 42 TOTAL LAND aj BLDGS. TOTAL _ LAND BLDGS. TOTAL LAND BLDGS. TOTAL LAND BLDGS. TOTAL LAND BLDGS. TOTAL LAND BLDGS. INTERIOR INSPECTED: 0) TOTAL DATE: ACREAGE COMPUTATIONS BLDGS. LAND.TYPE y OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HO �ji y3 �v ./Q �'�© G '� 3 O y�.�� LAND CLEARED FRONT BLDGS. TOTAL REAR WOODS&SPROUT FRONT LAND REAR BLDGS. WASTE FRONT TOTAL REAR LAND BLDGS. TOTAL LAND 8 ® BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND /7 ROUGH TOWN WATER BLDGS. C j ur ST HIGH GRAVEL RD. TOTAL I- _ LOW DIRT RD. LAND / SWAMPY NO RD. BLDGS. :lone.Wellf Fin. Bsmt.Area BImlath Room Base i _y `BLDG.COST :One.BIk:.Walla Bsmt. Rec.Room. St. Shower Bathe Bsmt. ' PURCH. DATE one Sla6x Bsmt.Garage St. Shower Ext. WaNs — _ - PURCH. PRICE. Irick Walls Attic Fl. &Stairs Toilet Room Root RENT l 'tone,Walld.'" Fin.Attic V V(7 Two Fixt. Bath Floors ' Tiers;;,'.* INTERIOR FINISH Lavatory Extra 1' 2 Sink ✓� 1/2 r/� Plaster Water Clo. Extra Attic EXTERIOR WALLS Knotty Pine Water Only ouble Siding. Plywood No Plumbing Bsmt. Fin. ingle Siding Plasterboard Int. Fin. 3L Shingles. TILING L a me.Blk. G F P Bath Fl. Heat ace Brk:On Int.Layout Bath Fl.b Wains. Auto Ht.Unit f,'t O ,Z$� 9 p 0 Veneer Int.Cond. Bath Fl.&Walls Fireplace p tl ' am.Brk.On" HEATING Toilet Rm. Fl. Plumbing f— 31 Y Q , Aid Com.'Brk. ' Hot Air. Toilet Rm.Fl.&Wains. Tiling Steam Toilet Rm. Fl.&Walls 3� _ . lanket Ins.., --_'�^`1 Hot Water St. Shower / )of his. Air Cond. Tub Area Total Floor Furn. ROOFING AI COMPUTATIONS ' sph. Shingle Pipeless Furn. G S.F. food Shingle No Heat /p S.F. a�, �' �3(o sbs.Shingle Oil Burner 0/ S.F. ' late Coal Stoker S.F. ile Gas S F OUTBUILDINGS ROOF TYPE Electric able Flat S F 1 2 3 4 516 7 8 9 10 1 2 3 4 5 6 7 8 9 10 MEASURED ip Mansard FIREPLACES S.F. Pier Found. Floor 1.�p ambrel Fireplace Stack I Wall Found. 0. H.Door LISTED FLOORS Fireplace � Sgle.Sdg. Roll Roofing one. LIGHTING Oble.Sdg. Shingle Roof arth No Elect. DATE ine Shingle Walls Plumbing 'ardwood. ROOMS Cement Blk. Electric �'� P ED ,sph.Tile Bsmt. 1st,� ��- TOTAL p Brick Int. Finish tingle. 2nd yf.28 3rd FACTOR —S / 0 6,z; '( i REPLACEMENT OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. IWLGL Z. s �? s/r :7J1 3 yet 1 1 2 3 4 -- - 5 . 6 7 B 9 10 TOTAL : f [ ] (R:30`9 258 .LOC] 4 WINTER STREET CTY] 07 TDS] 400 KEY] 225580 i ----MAILING ADDRESS------- PCA] 1111 PCS] 00 YR] 00 PARENT] 0 CLARK, WILLIAM H & JEAN F MAP] AREA] 63BC JV] MTG] 9210 HARBOR RIDGE RD SP1] SP21 SP31 UT11 UT21 . 18 SQ FT] 2080 N FALMOUTH MA 02556 AYB] 1930 EYB] 1965 OBS] CONST] 0000 LAND 17700 IMP 71100 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 88800 REA CLASSIFIED #LAND 1 17, 700 ASD LND 17700 ASD IMP 71100 ASD OTH #BLDG (S) —CARD-1 1 71, 100 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL 164 WINTER STREET HY TAX EXEMPT #DL LOT 12E RESIDENT'L 88800 88800 88800 #RR 1866 0070 0639 0065 OPEN SPACE #SR GROVE STREET COMMERCIAL INDUSTRIAL EXEMPTIONS SALE] 00/00 PRICE] ORB] C42269 AFD] LAST ACTIVITY] 09/02/92 PCR] Y �a :a c� i a ,j ;6 SE R309 258 . OP P R A I S A L D A T KEY 225580 CLARK, WILLIAM H & JEAN F LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RB 17, 700 71, 100 1 A-COST 88, 800 B-MKT 102, 700 BY 00/ BY ML 12/87 C-INCOME PCA=1111 PCS=00 SIZE= 2080 JUST-VAL 88, 800 LEV=400 CONST-C 0 ----COMPARISON TO CONTROL AREA 63BC ----------------------------- NEIGHBORHOOD 63BC HYANNIS ,1 PARCEL CONTROL AREA TREND STANDARD 101 10 LAND-TYPE ya 177001 LAND-MEAN +0% 888001 61720 IMPROVED-MEAN +150-. 200 ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 1000-.] LOCATION-ADJ APPLY-VAL-STAT 1 '1 LNR] LAND LFT/IMP] ADJS/SB/FEAT STR] STRUCTURE ARR]AREA-MEASUREMENTS NOR] NOTES !, COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION- [ ] STRUCTURE-CARD NO- [0 0 0] DATA- [ ] XMT [?] r i { fin. T R309 258 . • P E R M I T [PMT] ACTI*R] CARD [000] KEY 225580 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR %CMP NEW/DEMO COMMENT 3r a t a r� t fr t ,t { il. AS OF R'BfWill Y 1 -)63 164 Winter Street I'T7 yannisj Mass. lst Floor Left - Mrs. Richmond 75-00 1st Floor Right - Nancy Sands 110.00 2nd Floor Right - Mary Day 100.00 2nd Floor Left - Judy DeMello & M. -1-loaland 100.00 Rear Apartr�c:.-nt - mrs. Joyce 05-00 ,T*71_0 00 170 �-Ilnter Street - Hyannis, 14ass. Apartment •l - Pars. Whittemore :$110.00 Apartment ; 2 - 110.00 Apartment !4 - Steve LaCroix 100.00 Ai:-e-artmaent .--f'3 - 105-00 $42 5*75-0 75 Charles Street Hyarrmis, Mass. A-;-1arty-nent ;l - Micheal Frye 95-00 Apartnent - W.00 APartment - MIrs. .-romes 90.00 A, artm- ent 4 - 1.1ickey Kinigsle 90.00 J. g y Apartment #5 - Ann McCormack 6 C.0 A 1 ' �'.00 - partment ff�6 - Gladys Clark 6, 1717-7.55 r - William - . C larh 72 VIDAL AVENUE EAST FALMOUTH, MASSACHUSETTS TEL. 548-6367 RENTS ADJUSTED 15th Day of March to 31st Day of March = 17 Days Due Clark 75 Charles Street - Hyannis, Mass. ,. Due Apt. No. Tenants Name Monthly Rent Pd. Fo arch Per Day Clark Z #1 - Karen McManaway - f 90:00' - Paid. $90.0 - $2.91 - . 49 7 #2 Irene Whitten $85.00 - Paid 185 ,.00 - 12:75 - 6.7. #3 - Micheal Kingsley, - $90.00 - Paid 90 Q,0 2.91 9. #4 - Rosalie Gome's $100.00 - Paid 100.00 3.23 - .91 #5 - Vacant - ---- - ------ - --- - #6 - Ann McCormack - 65.00 - Paid 65.00 2.10 170 Minter Street - Hyannis, Mass. Due Apt. No. i` Tenants Name Monthly Rent Pd. For March Per Day Clark #1 - Dorothy Whittmore - $110.00 - Paid 0 55.00 - Paid Paid- )AO'7 #2 - grace Butler - 105.00 - Paid 105.0 - $3.39 Am- # # - Vacant - ---- - ------i - ---- Stephen Lacroix & Richard Jaruis - 100.00 - Paid 1017.00 - 3.23 164 Winter Stroet Hyannis Mass. Due Apts. No. Tenants Name Monthly Rent - d. For March Per Day Clark #1 - Vacant; - ---- ------- - --- I - --- i f&-#2 - Nancy Sends - $100. - Paid 100.00 - $3.23 - #3 Vacant � --- � - - --- - Y,,,#4 - Mary Day `�.� - 00.00 - Paid 100.00 - 3.23 4 - Elizabeth Joyce - 65.00 - Paid 65. Jp BETTERM�tTS - .(Sewerage Sy�stqm.),.._-._..i 24 months 3 3r&f 164 Winter Stree 170 Winter Str- t -- 52.50 -- 10.95 75 Charles St eet -- 70.50 -- 1 .10 1 0 . ` -- $222.98 aF e- Total 1 n� �o- aw i t tart Clad 72 VIDAL AVENUE EAST FALMOUTH, MASSACHUSETTS TEL. 548-6367 RENTS ADJUSTED 15th Day cf March to 31st Day of March = 17 Days Due Clark 75 Charles Street - Hyannis, Mass. Due Apt. No. Tenants Name Monthly Rent Pd. Fo arch Per Day Clark �2- #1 - Karen McManaway - $$90000" --_- . Paid •$90.0 - 2.91 -p- #2 - Irene Whitten r $85.00 - Paid $85_.00 - 2.75 -#4 _ Micheal Kingsley $�90.00 - Paid $90.00 - 2.91 Rosalie Gomes $100.00 - Paid 100.00. 3.23 #5 - Vacant - ---- - ------ - --- - #6 - Ann McCormack - 65.00 - Paid 65.00 2.10 - 35.70 170 Winter Street - Hyannis, Mass. Due Apt. No. i Tenants Name Monthly Rent Pd. For March Per Day Clark #1 - Dorothy Whittmore - 0110.00 - Paid 4 55.00 - Paid - "-1 A0 #2 - Grace Butler - 105.00 - Paid 105.0 - $3.39 - ;• 7•b 0 - Vacant - ---- - ------- - --- - --- , #4 - Stephen Lacroix & Richard Jaruis - 100.00 - Paid 10 .00 - 3.23 - 54 164 Winter Street Hyannis Mass Due Apts. No. Tenants Name Monthly Rent /d. Fo' March Per Day Clark #1 - Vacant - ---- / ------- - --- - --- ' Yi-#2 - Nancy Sands - $100. - Paid $100.00 - $3 .23 - #3 Vacant z - -- - ------- - --- - - - - Mary Day �`� -� 00.00 - Paid 100.00 - 3.23 - 5 1 # - Elizabeth Joyce - 65.00 - Paid 65.00 - 2.10 - 5.70 BETTERM--XTS - (Sewerage S stem `? 1967 f 6 ��_.months -3 YOB ft i64 winter Stree -- 1. 0 170 Winter Str t -- 52.50 -- 10•95.70 75 Charles . St eet -- 70.50 -- 1 1 0 -- �,�222.98 c �niF Total 1 S,7 z,, y-7 6VO, 7k tic At � a 4a b�9 .. I �o