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HomeMy WebLinkAbout0309 MISTIC DRIVE - Amnesty � 50 tcs vc ui LU Octi i a �i i e � A 7 f in.-� "� � b�-r°U�� akkoc� © j 0 Cx fp t O 40 I mow.. Town of Barnstable Regulatory.Services +{BARNSFABLE, v MASS. Thomas F. Geiler, Director �p�FDMa'�A 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 December 20, 2010 Kathryn Gianno 309 Mistic Drive Marstons Mills, MA 02648 Re: Amnesty Apartment Dear Ms. Gianno: Enclosed is the Certificate of Occupancy for your Amnesty apartment. We have prepared the Amnesty Certificate of Compliance and forwarded it to the Amnesty Program Coordinator. Sincerely, Lois Barry Division Assistant Enclosure amnco Amnesty Program Helping to make affordable housingossibl p e. own . of am. stable NOW .. :. ertl icate, of Conpllance This bertificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code, fi r and Town of Barnstable zoning ordinances In'accordance with the Amnesty program _ a Owner. Kathryn:Giatino Location 309 Mastic Dnve, lVlarstons 1Vhlls MA Unit Ca act tdto t.to P ty S sexVqV,d two eo le Ins ector S.41s � P M/p�N6r 080022 ` Yr 1 u ``� y;� ra•..,..4 '.'� .,. a,..: ,,, 01,0 _ ..? ':. +s �d r d ,. b:.R - y�.� e�. G ..'._ ... ..,y .'... � .. ,;. .,.�. A� .?.., .h� .dn'... 5 f F .\.:., ��'� L. >k:. L f., �'. } K` �Y - 3r`•:. >x....ss ..�,::..n+a ,. ..�..II4. x,�r..,.n...n W,.re,.� �v. '', ° x : ,�'\ �i�a xXX r u •,r Town of Barnstable Building Department - 200 Main Street BARNSTABLE, * Hyannis, MA 02601 9 MASS i639. , (508) 862-4038 CFO MA'S a Certificate of Occupancy Application Number: 201006488 CO Number: 20100226 Parcel ID: 080022 CO Issue Date: 12116/10 Location: 309 MISTIC DRIVE Zoning Classification: RESIDENCE F DISTRICT Proposed Use: SINGLE FAMILY HOME Village: MARSTONS MILLS Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: AMNESTY APARTMENT ISSUED TO KATHRYN GIANNO i Building Department Signature Date Signed SINE TOWN OF" BARNSTABLEBuilding �► Application Ref: 201006488 • * BARNSTABLE, * Issue Date: 12/02/10 Permit 9 MASS, Q�Ar16 339. A Applicant: GIANNO,KATHRYN K Permit Number: B 20102603 Proposed Use: SINGLE FAMILY HOME Expiration Date: 06/01/11 Location 309 MISTIC DRIVE Zoning District RF Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel 080022 Permit Fee$ 35.00 Contractor PROPERTY OWNER Village MARSTONS MILLS App Fee$ License Num Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND AMESTY APT,LOWER LEVEL STUDIO THIS CARD MUST BE KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: GIANNO, KATHRYN K BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 309 MISTIC DRIVE INSPECTION HAS BEEN MADE. MARSTONS MILLS, MA 02648 Application Entered by: LB Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER:TEMPORARILY OR PERMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE.APPROVED BY THE JURISDICTION. STREET OR ALLY GRADES AS WELL AS.DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTTTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5. INSULATION. 6. FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). 3 r 11 i Ci BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS I 1 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health tNE TOWN OF BARNSTABLE � ? Building Application Ref: 20100648E BABNBTABLE, Issue Date: 12/02/10 Permit 9 MASS. �prFC 39. AN� Applicant: GIANNO,KATHRYN K Permit Number: B 20102603 Proposed Use: SINGLE FAMILY HOME Expiration Date: 06/01/11 Location 309 MISTIC DRIVE Zoning District RF Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel 080022 Permit Fee$ 35.00 Contractor PROPERTY OWNER Village MARSTONS MILLS App Fee$ License Num Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND AMESTY APT,LOWER LEVEL STUDIO THIS CARD MUST BE KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: GIANNO, KATHRYN K BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 309 MISTIC DRIVE INSPECTION HAS BEEN DE. MARSTONS MILLS, MA 02648 Application Entered by: LB Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY`O. NTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE`JURISDICTION. STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM`THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5. INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 5 Q� 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Application Zo Map- (AW) Parcel:,,'. 621 Health"Divisibn Date Issued Conservation Division Ap�re�ion-Fee Planning.,Dept Permit Fee, Date Definitive'Plan Approved by Planning Board ------- Historic - OKH Preservation Hyannis AM 1Q1f_ s T'� Project Street Address Village Owner A(MA 41/"40 Address iwD Afi-06W Telephone (0(7Y. Permit Request Sq'uare feet: 1 st floor: existing proposed :2nd floor: existing proposed Total new Zoning District: .-Flood Plain Groundwater Overlay Project Valuation Construction Type L6t Size Grandfathered: Ll Yes J No If yes, 'attach supporting documentation. Dwelling Type: Single Family , Two Family L3 Multi-Family (# units) Age of Existing Structure '�A) Historic House: LJ Yes No On Old King's Highway: Ll YesXNo Basement Type: Ll Full L3 Crawl Walkout LJ Other Basement Finished Area (sqft.): Basement Unfinished Area(sq.ft) Number of Baths: Full: existing' new Half: existing new Number of Bedrooms: existing new Total Room Count (not i cluding baths): existing new First Floor Room Count Heat Type and Fuel: Gas 'Ll Oil Ll Electric LJ Other Central Air: LJ Yes �No Fireplaces: Existing_LNew Existing wood/coal stove Yes No Detached garage: LJ existing LJ new size Pool: Ll existing LJ new size Barn: LYewsting J new --size Attached garage: existing LJ new size —Shed: LJ existing LJ new size Other: Zoning Board of Appeals Authorization Ll Appeal # Recorded Ll Commercial LJ Yes No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Namb I Telephone Number Address , License # tOZKHome Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO S I G NATU R QqJ A M-.2 DATE FOR OFFICIAL USE ONLY sa. APPLICATION# '*DATE ISSUED t , MAP/PARCEL NO. Y ADDRESS _ VILLAGE OWNER i DATE OF INSPECTION: FOUNDATION FRAME INSULATION h FIREPLACE ELECTRICAL: ROUGH FINAL - t ti PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING e DATE CLOSED OUT _ . ASSOCIATION PLAN NO. r afAS4 io Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Comprehensive Permit No. 2009-054 — Kathryn K. Gianno Chapter 40B Comprehensive Permit Applicants: Kathryn K. Gianno Property Address: 309 Mistic Drive Marstons Mills, MA Assessor's Map/Parcel: Map 080, Parcel 022 Zoning: RF Zoning District Deed Reference: Book 17496 Page 193 Applicant: 4' The applicant is Kathryn K. Gianno, vvho resides at 309 Mistic Drive Marstons Mills, MA 02648. Ms. Gianno is the owner occupant of the property as evidenced by a deed recorded in the Barnstable County Registry of Deeds on August 20, 2003 in Book 17496, Page 193. Relief Requested: ` Ms. Gianno has applied for a Comprehensive Permit pursuant to Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with §9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program". The permit is sought to allow for a studio unit accessory to a single-family owner-occupied dwelling as provided for in the Code of the Town of Barnstable and restricted to being affordable housing for qualified persons as required under Chapter 40B. The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 240-14.A (1) Principal permitted uses in the RF Zoning District to permit an apartment unit within.a single-family dwelling. The issuance of this Comprehensive Permit would allow for a separate, approximately 560 square foot, studio living unit as an accessory affordable apartment unit within the lower level of the single-family dwelling. Locus: The subject property is a 1.03-acre lot located at 309 Mistic Drive Marston's Mills, MA 02648. The . lot was developed in 1976 with a single-family Cape Cod style home. The living area of the main residence is 2,094 square feet. e Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2009-054—Kathryn K. Gianno Background: The lot is served by Public Water and private on site septic. The town of Barnstable's Public Health Division reviewed the application, and on May 20, 2010, approved a total of four(4) bedrooms at the property. Procedural & blearing Summary: A site approval letter was issued for the property by Town Manager John C. Klimm on June 16, 2010 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 on June 22, 2010. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on July 2, 2010 and July 9, 2010 and notices were sent to all abutters in accordance with MGL Chapter 40B. On July 28, 2010 Hearing Officer Laura F. Shufelt opened the public hearing at 6:00 p.m. The applicant, Kathryn K. Gianno was represented by Kevin Richards. A notarized statement form Ms Gianno was entered at the hearing. Cindy L. Dabkowski of the Growth Management Department was also present. Laura F. Shufelt reviewed the file with the applicant's representative to assure compliance with all of the program requirements. 1. The hearing officer made Mr. Richards aware of the proposed conditions and he consented. 2. Kevin Richards gave testimony. 3. Members of the public were requested to comment. There were no comments. 4. July 28, 2010 hearing was closed by Hearing Officer Laura F. Shufelt at: 6:35 p.m. On July 28, 2010 the hearing officer granted the comprehensive permit with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeal on August 2, 2010 as required by the Town of Barnstable Administrative Code Chapter 241, section 11 of the Town of Barnstable Administrative Code. If after fourteen (14) days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Findings of Fact: At the hearing on July 28, 2010 the Hearing Officer made the following findings of fact: 1. The applicant is Kathryn K. Gianno who resides at 309 Mistic Drive, Marstons Mills MA. Ms. Gianno is requesting a Comprehensive Permit to allow for a studio sized apartment within the lower level of the owner occupied home as an accessory affordable apartment. The unit qualifies for the 'Accessory-Affordable Apartment Program." 2. Kathryn K. Gianno was granted title to the property by deed recorded in the Barnstable Registry of Deeds on August 20, 2003 in Book 17496, Page 193. 3. On June 16,2010, a site approval letter was issued for the property by Town Manager John Klimm, in accordance with MGL Chapter 40B and 760 CMR 56. Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance 2 _i Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2009-054—Kathryn K. Gianno with the requirements of 760 CMR 56.04 (2), and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit is approximately 560 square feet, and is located within lower level of the principal dwelling. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and private on-site septic. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved a total of four(4) bedrooms at the property. 7. On April 7, 2010 the applicant Kathryn K. Gianno signed an Accessory Affordable Apartment Program Affidavit that commits, upon the receipt of a Comprehensive Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable County Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as the applicant's primary residence. 8. The applicant understands that the affordable unit will be rented to a person whose income is 80% or less of the Area Median Income (AMI) of the Barnstable Metropolitan Statistical Area (MSA) and further agrees that rent(including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of April 26,2010,6.7%of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. 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. Summary: The Hearing Officer ruled that the applicant Kathryn K. Gianno has standing to apply for a Comprehensive Permit under MG 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. 3 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive permit No.2009-054--Kathryn K. Gianno Conditions: Hearing Officer Laura Shufelt ruled to grant the Comprehensive Permit in accordance with MGL Chapter 40B and Article II of Chapter Nine of,the Code of the town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program to the applicant, Kathryn K. Gianno. It is issued to allow for a studio accessory apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two (2) people. 2. The total number of bedrooms on the property shall not exceed four,(4). 3. The property owner Kathryn K. Gianno shall occupy the main dwelling as her primary residence. 4. This accessory unit shall not be occupied by a family member of the owner. S. All parking for the accessory apartment and the main dwelling shall at all times be on-site and no lodging shall be permitted for the duration of this comprehensive permit. 6. To meet the requirements of affordability, the cost of housing (including utilities) shall not exceed 30% of 80% of the median income for a household, adjusted by household size, for the Barnstable MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the Accessory Affordable Housing Program. 8. The Growth Management Department shall serve as the monitoring agent for the accessory apartment. Annual monitoring shall include verification of tenancy, affordability, and compliance with Housing Quality Standards (HQS). The cost for HQS monitoring shall be covered by the homeowner. The fee for the initial monitoring of affordability and annual certification and inspection of the accessory unit shall mirror the fee charged by the Health Department for the rental registration program. Currently that fee is $90 annually. 9. The applicant shall apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner shall determine that the unit conforms to the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division shall determine.that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 10.The applicant may select her own tenant. The tenant shall meet the requirements of the program as cited above and provided that person's and/or family income is reviewed and approved by the Growth Management Department of the town of Barnstable as a qualified tenant. The applicant will be required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual. Whenever a vacancy occurs, notice must be given to the Growth Management Department and the unit must be listed with the Town. 4 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2009-054—Kathryn K. Gianno 11. Every twelve months the applicant shall review the income eligibility of the tenant(s) occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit, the applicant- shall file with the Growth Management Department of the town of Barnstable, as Monitoring Agent, an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant and/or tenant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. 12. Upon any report from the Monitoring Agent that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or its Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 13. 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. 14. This Comprehensive Permit shall be exercised, all conditions met, and the unit occupied within twelve (12) months of its issuance or it shall expire. Ordered: Comprehensive Permit number 2009-054 has been granted with conditions. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. Laura F. Shufelt, Hearing Officer Date Signed 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 decisia s been filed in the office of the Town Clerk. Signed and seated this day=e' der the pains and:penalties of )-; perj ury. , n Clerk 5 L 24856 S3 81566 09---24-201C, 6-- C1 a .-9P ' REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS 'THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 2.6r- day of Member ,2010,byand between Kathryn K Gianno of 309 Mistic Drive Marstons Mills,MA and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the "Municipality"),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and'other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. PROJECT SCOPE AND DESIGN- A. The terms of this Agreement and Covenant regulate the property located at 309 Mistic Drive Marston Mills, MA as further described in deed recorded herewith as Barnstable County Registry of Deeds on August 20,2003 in Book 17496,Page 193. B. The Project located at 309 Mistic Drive Marston Mills,MA will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the"Designated Affordable Unit" or the "Unit"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2009-054 and any plans submitted therewith and all applicable state,federal and municipal laws and regulations.Said permit is recorded herewith Barnstable County Registry of Deeds BookCa &Page __ D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOW: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan Statistical Area (MSA)and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80%of the Area Median Income(AM) of.Barnstable MSA and that rent(including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, 'mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not ` result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satfied 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(AMO of Barnstable Metropolitan Statistical Area(MSA) and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the.Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thing(30) days of the date that a tenant has vacated the Designated Affordable Unit. 11I. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated bythe Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity 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 anyamendments 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 anyamendments 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 incuurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. 2 'V. GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VI: NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a pang 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 j attorneys fees necessitated by such actions.. VIII. ENTIRE UNDERSTANDING: A- This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are,granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in deed recorded herewith as Barnstable County.Registry of Deeds.on August 20, 2003 in Book 17496, Page 193 and shall be binding upon the Owner and all successors in tide . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in deed recorded herewith as Barnstable County Registry of Deeds on August 20,2003 in Book 17496,Page 193. IX, TERM OF AGREEM 11— 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 thte Land Court as the case maybe,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revers to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 ` i 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 tern of this Agreement,and are binding upon the Owner's successors in title,(ii) are not merely personal covenants of the Owner,and(1)shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XI. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30)days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Pi-oject to secure payis ent of such costs and expenses. The Monitoring Agent mayperfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the paynnent 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"warants.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 t ' A day o _ 10. OWN BY: — Printed. COMMONWEALTH OF MASSACFIUSE75 County of Barnstable,ss: On this)�o day of J?rAWL-2010 before me,the undersigned notary public,personally appeared — __ (� 144 ,the Owner(s),proved to me through satisfactory evidence of identif' ation,which were ,-`7,6z9Z— ,to be the person(s) whose namc(s)is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. Printed: R1 1 R. LAWLESS . Commission Expires: Notary Public 4 COMMC)NwEALTH U* MASSACHU$EM my commission ExPires Fabrum 22,2013 TOWN OF B TABLE BY: �.., TO MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this �Igdayof S¢ ��°w`�r _ 2014 before me,the undersigned notarypublic,personally appeared r:0L u C. ,the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were r.;Vk& l ,« a,, ,to be the person whose name is signed on the preceding or attached document and acknowle ged to be that he/she signed it voluntarily for the stated purposes. Notary Public Printed: "Nbtary Ptab0i"" M Commission Expires: aicto y `e C�ttmcxyWWb of Mast; luSQtts {y MyCcun�flsionEtiro<<m�ri�t.4,;r„4 5 m i j yv� ark �{ Ff t. J 41 D ') s RIA, O W h no----- G �� t I �,.' `ti >wwJ I i P f�t ,ram`' ,r"`\ ,,✓�'I�,,.1�a�� � i +_ {; `r , � C✓ !!A'��j"��,��-t�,�! �____ � ���,1'-C--.� �f�"; �'"�.i �G� �i, �i,� �` {-1 E� �'�i�.. j�,. � k ` I� !I 0 pw i i 1 ClY 4 1 d �r4 llc rty a l r y {( IK � 1 —mac..-. -...,...--........_.�...... } C /� `. If iX 1-291 J v t ( V - , x I cIv ILI Fw C- �� i �V _i•+^i"_. '�..�.....��..��-....+...��r��.��....�.o..r'^r--may` 1 f Barry, Lois To: Dabkowski, Cindy Subject: 309 Mistic Drive, MM Tom Perry confirmed that Kathryn's fiance's mother would not qualify as a family member. Therefore, she cannot apply for a family apartment. I spoke with her today, she'll be in this week to pull the amnesty building permit, and she is sure her fiance's mother will meet the income guidelines. Lois 1 McKean, Thomas From: McKean, Thomas Sent: Wednesday, March 24, 2010 9:27 AM To: Dabkowski, Cindy Subject: 309 Mistic Drive Good Morning Cindy, There is a room marked "office"which has privacy and a door. This room is considered as a fifth (5th) bedroom by Title V bedroom definition. However, this property is limited to four bedrooms on 1.03 acres of land in a nitrogen sensitive area. How will this be resolved? 1 S� THE r � Town of Barnstable Regulatory Services HA MASS.LE' * Thomas F. Geiler,Director .� Mass. � � 0Ma� Building Division . Thomas Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 AMNESTY APARTMENT ELIGIBILITY VERIFICATION Date After reviewing the street file of the above named property, I verify, to the best of my knowledge, that the apartment was in existence before January 1, 2000. This property is now eligible to apply for the Amnesty Program. Tom Perry Building Commissioner f �pINE r Town of Barnstable BARNSTABLE, : Regulatory Services MASS. i639• ,0� Thomas F. Geiler� Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 September 27, 2010 Kathryn K. Gianno 309 Mistic Drive Marstons Mills, MA 02648 Re: Amnesty Apartment Dear Ms. Gianno: We have received the recorded Regulatory Agreement and Comprehensive Permit for the accessory affordable apartment at your address. A building permit is required whether the unit is new or pre-existing. We look forward to receiving your building permit application for the apartment. Please call me if you have any questions regarding the building permit process. Sincerely, Lois Barry Division Assistant amnbp r - --t - �._.. -_ -M- 1 t -FE - --- - t-. I I 1 ill i ! ! II I I ! ; F 1 ,--f--1--J--- ct rAA�A 1 Len---- --F F—T lor- i ► No 3- Pf 7--- 1 _7Y 1J, Kb* 7,� r -k-I �2 r —T �,-r`+.-.-�,^v.._.....-...�...y... .u-•�--'�...`-.... r ++r-.- r+-,. .,I^-��'-'..1""'�,.. ��'.�....'�� -.`. . �_,.. rv.-`.ti.Y'. ,-rr-.. .__� ... �....•�.,. _�__ -v �-� telc Assessor's ;map. and lot number ....... ...................... ..... d� _ =y SEPTIC SYSTEM MUST BE_ I�STiLLEO IN COMPLIANCE Sewage Permit number ........... ................................................. F. \VITH ARTICLE II STATE SANITARY, CODE AND TOWN yoFTREro�� TOWN OF' BARN LE Z BARNSTABLE, i "6.g 0 M ae� DUILDIHG INSPECTOR PY ` APPLICATION FOR PERMIT TO ...:..... 1! ...��cY.... ....................................................... TYPE OF CONSTRUCTION TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: /� Location ... . 0'I..... ..1.......0 ......1.' .. 1�' r.� �' ........-L'^„ ProposedUse ..... . .......................................................... - .................................. �` Zoning District ......... Y.........................................................Fire District �^'�"��1✓ ! .................................... Name of Owner ..�,.11�!f'�.�......... . ......... .....................Address ..............�!![���/,Gt�e�;t' Name of Builder .......... Address .../ 1../'.�...� '!..:°.� .'. `�':.✓.. Q'`�A..... ��.^ ....................................... Name of Architect ........ ..................................Address .......................... . . .CPi!... 6 a Number of Rooms ........ Tr......................................................Foundation ...... .. Exterior ......v`. .. ........ �'�................................Roofing .�aso............................................... Floors ....... ..... .. .. . .... .......Interior ..... ,/ sl.�............................................ Heating (/r ./ ���d!/..................................................Plumbing .. e., ...z..3 ..... �..f'^^ l? J Fireplace ........ ��� .. -�t...............................................................Approximate Cost ..... .......,�................. f Definitive Plan Approved by Planning Board ________________________________19________. Area / Diagram of Lot and. Building with Dimensions Fee ........... 1 SUBJECT TO APPROVAL OF BOARD OF HEALTH l9 ff 72 / b S7 I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. )' Name ...MVG' ' n Ryers&n, Frank 18202 1 1/2 story, No.................. Permit for .................................... �.;,,single family dwelling/garage ............................................................................... Locat'ionfb.3..Mi.st.i.c...Drive..&...Middle..Pond Path .... .... . . .... . .... .. ...... . . .. ...... Marstons Mills ............................................................................... Frank Ryerson Owner .................................................................. frame Type of Construction .......................................... :I ! y_ ........................................................................ #19. Plot ............................... Lot ................................ 6. 76 Permit Granted February 2 ........ .....19 Date of Inspection ......1�4"`/-7*"�.'.9111�(-710119 4�......... 19 Date- C6'MpI4�tecl r PERMIT,REFUSED ................................ ............................... 19 ............................................................I................... ............................................................................... ................................................................................ ............................................................................... Approved ................................................. 19 ............................................................................... .............................................................................