HomeMy WebLinkAbout0046 ROUTE 149 - Amnesty & MULTI-FAMILY i
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of THE T
Town of Barnstable *Fermis oa SS
Expires 6 mondlas from issue date
-; Regulatory Services Fee
Thomas F. Geiler,Director
Building Division
Tom Perry, CBO, Building Commissioner
200 Main Street,Hyannis,MA 02601
www.to wn.b arnstab l e.m a.u s
Office: 508-862-403 8 Fax: 508-790-623 0
EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY
Not Valid without Red X-Rrew Imprint
Map/parcel Number �a -
Property Address
' LA
Co .
idential Value of Work dO Minimum fee of$35.00 for work under$6000.00
Lines
Owner'-s Name&Address \\ 00 C, '0 e c '
Contractor's Name [. ice. L L Telephone Number
Home Improvement Contractor License#(if applicable) (`) C)
Construction Supervisor's License#(if applicable) 04 <LA 0
❑Workman's Compensation Insurance ���
Check one:
am a sole proprietor �� PERMIT
❑ I am the Homeowner
❑ I have Worker's Compensation Insurance - JAN —9 2012
Insurance Company Name
TOWN OF BARN
STABLE
Workman's Camp. Policy#
Copy of Insurance Compliance Certificate must accompany each permit.
Permit Request(check box)
�Re-roof(stripping.old shingies) All construction debris will be taken to 4, 'S ri kGc� t5 !- AI lv 1 S y
❑ Re-roof(not stripping. Going-over existing layers of roof)
❑ Re-side
#of doors
❑ Replacement Windows/doors/sliders. U-Value (maximum .44)#of windows
*Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc.
***Note: Property Owner must sign Property Owner Letter of Permission. -
A copy of the Home Improvement Contractors License& Construction Supervisors License is
e uired.
GNATURE:
NPFILESTORMSUilding permit forms RESS.doc
Y
v
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
ti00 Washington Street
Boston,MA 02111
►�•"'W. www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Print Legibly
Name(Business/Organization/Individual): . L_ \ L�L,
Address: `7 1
City/State/Zip: - q061A&o Jk �� Phone.#: 6 U�
Are you an employer? Check the appropriate box: 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 .
2.71am a'sole proprietor or partner listed on the-attached sheet. 7. ❑ Remodeling
ship and have no employees These sub-contractors have g• Demolition
workingfor me in an capacity. employees and have workers'
Y p tY 9. 0 Building addition
[No workers' comp.insurance comp.insurance.
required.] 5. 0 We are a corporation and its 10.0 Electrical repairs or additions
3.❑ I am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions
myself. [No workers' comp. right of exemption per MGL 12.0 Roof repairs
c. 152
insurance required.]t ,.§14( ),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.
tContractors 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 is providing workers'compensation insurance for my employees. Below is the policy and job site
information.
Insurance Company Name:
Policy#or Self-ins.Lic.#: Expiration Date:
Job Site.Address: City/State/Zip:
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 hereby c ti u der the nand penalties of perjury that the information provided above is true and correct.
Signature: Date:
Phone#: -7 G 0
Official use only. Do not write in this area,to be completed by city or town official
City or Town: Permit/License#
Issuing Authority(circle one):A.Board of Health 2.Building Department 3.City/Town Clerk 4.ElectricaI 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 moie than three apartments and wlio 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."
f ,q'l � , le—
chapter 152, §25C(6)also states that"every state or local licensing agency'shall'vvithhold 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, 625C(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." t
Applicants
Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if
necessary,supply sub-contiactor(s)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"I:he 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 bum 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.. C '�
The CammdliwWth 6f Ma.ssaehusett - ,
Departmait of lndustdal Aecidonts
Office of I1westigatlaws
600 Washington Street
Boston,MA 02111
Tel.#617-727-4900 ext 406 or 1-877-MASSAFE
Fax#617-727-7749
Revised 11-22-06
www.mas4.gov/dia
✓fze �a.,vniauupalC/z o� aaaaclZua�lta
Office of Consumer Affairs&Business Regulahon ,� .`icense or registrntiop valid for indrvidul use only
HOME IMPROVEMENT CONTRACTOR S. before the expiration date. If found return to:105530 1
s Expiration 7/17/2012 Type Office of Consumer Affairs and Business Regulation j
__ DBA 10 Park Plaza-Suite 5170 tl
M AEL A. BINNAtLADDITIONSREMOLD Boston,MA 02116
WOO
neva Road
25 Ge
South Yarmouth MA Q2fi64 �
_ � Undersecretary -{ .
j Not valid ithouf'sig tore
s
Llas'ach
BOart/,1�pusett.� pC
Dart _.
C Buil,in. R ent of puh . --
o 1
n c
struction .'ulat�on;; SSt .ttet1
L_ One and Tw SuPervisor Censeandard
icense: o Fa license
CS �408 milt'Qweilings
MICHAE
25 GENEvq RD NALL
S YARMGUTH; MA 02664 4,4
r
f°mrni�sio��c _
Expiration: 42
2J2013
�;lTr#: 13788
Property Owner Must
Complete and Sign This Section
If Using A Builder
i l (o ,as Owner of the subject property
hereby authorize ,j #.j „4 L. L� to act on mybehalf,
in all matters relative to work authorized by this building pen-nit application for:
(Address of Jo
Signaxure of Owner Late
Print Name
r J
I
oFtHEr Town of Barnstable
Regulatory Services
MABMWM Thomas F. Geiler, Director
�Ars1639. O 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
October 22, 2007
Ronald G. Schloerb
46 Route 149
Marstons Mills, MA 02648
Dear Mr. Schloerb:
Enclosed is the Certificate of Occupancy for your Amnesty apartment. We have
forwarded the Amnesty Certificate of Compliance to Madeline Taylor, Amnesty Program
Coordinator.
Sincerely,
Lois Barry
Division Assistant
Enclosure
jamnco
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� ' °°A'�ir ,.. Lo 1 . cation 46 Route` 149., Marstons 1Vhlls 'MA
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'' MAP No. 077024
,,.
..,. _ _ 3
:, ': ..
�tHE Town of Barnstable
do
Building Department - 200 Main Street
BARNSTABLE, * Hyannis, MA 02 601
MASS.
9�A 0:59. , (508) 862-4038
Certificate of Occupancy
Application Number: 200706148 CO Number: 20070240
Parcel ID: 077024 CO Issue Date: 10122/07
Location: 46 ROUTE 149 Zoning Classification: RESIDENCE F DISTRICT
Village: MARSTONS MILLS
Gen Contractor: PROPERTY OWNER Permit Type: RC00
CERTIFICATE OF OCCUPANCY RES
Comments: AMNESTY APARTMENT ISSUED TO RONALD G. SCHLOERB
2
Building Department Signature Date Signed
SINE TOWN OF BARNSTABLE Building
Application Ref: 200706148 BARNSTABLE, ' Issue Date: 10/09/07 Per• ■ •it
9 MASS.
i639• A Applicant: SCHLOERB,RONALD G Permit Number: B 20072469
Proposed Use: SINGLE FAMILY HOME Expiration Date: 04/07/08
Location 46 ROUTE 149 Zoning District RF Permit Type: AMNESTY APT NO CONSTRUCT RES
Map Parcel 077024 Permit Fee$ 25.00 Contractor PROPERTY OWNER
Village MARSTONS MILLS App Fee$ License Num
Est Construction Cost$ 0
Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND
EXISTING ACCESSORY UNIT-NO CONSTRUCTION 430 SQUARE FEET THIS CARD MUST BE KEPT POSTED UNTIL FINAL
INSPECTION HAS BEEN MADE. WHERE A
CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH
Owner on Record: SCHLOERB, RONALD G BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL
Address: 46 ROUTE 149 INSPECTION7HASE ADE.
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 RM NENTLY.
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).
"','O'l
' ... �a. ;
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
1 1 1
2 2 2
3 1 Heating Inspection Approvals Engineering Dept
Fire Dept 2 Board of Health
PERMIT PAYMENT RECEIPT
TOWN OF BARNSTABLE
BUILDING DEPARTMENT
200 MAIN STREET
HYANNIS, MA 02601
DATE:-09/27/07
TICS,1.5.:42
----------=------TOTALS-----------------
PERMIT $ PAID 50.00
AST TENDERED: 50.00
-C�HANGEPLIED: 50:00
dAPPLICATION NUMBER: 200706148
PAYMENT METH: CHECK
PAYMENT REF: 4050
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map7 -7 Parcel o C Application# ����DU
Health Division
Conservation Division Permit#
Tax Collector Date Issued `9Z2
Treasurer Application Fee
Planning Dept. Permit Fee
Date Definitive Plan Approved by Planning Board (7
Historic-OKH Preservation/Hyannis
Project Street Add ess lqq
Village S
V) P-i
Owner K,P /o-)� p, Address �rjy_9-'
Telephone ��Q 2— 1
Permit Request jQ A S
Square feet: 1 st floor:existing 3 C) proposed 2nd floor:existing prop sed Total new
Zoning District -F Flood Plain quo Groundwater Over la
Y
Project Valuation q Construction Type
Lot Size I Grandfathered: ❑Yes ❑No If yes, attach supporting documentation.
Dwelling Type: Single Family Two Family ❑ Multi-Family(#units)
Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑No
Basement Type: ❑Full ❑Crawl Walkout ❑Other
Basement Finished Area(sq.ft.) qS S Basement Unfinished Area(sq.ft)
Number of Baths: Full:existing f new Half:existing new `
t
Number of Bedrooms: existing new
Total Room Count(not including baths):existing new First Floor Room Counf!'.
Heat Type and Fuel: ®'Gas ❑Oil ❑Electric ❑Other !t I '`' c
` Central Air: ❑Yes G(No Fireplaces: Existing New Existing wooRcoal stove:- ❑Yes Likft
Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑ 9xisting iO new='size
Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other:
Zoning Board of Appeals Authorization Q1 Appeal# aoo-7—( S Recorde
Commercial ❑Yes No If yes, site plan review#
Carrent Use Proposed Use
BUILDER INFORMATION
Name Telephone Number )10
Address License#
Home Improvement.Contractor#
Worker's Compensation#
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE-- DATE
F t y
Ir Alj
r
FOR OFFICIAL USE ONLY .r
PERMIT NO.
F
DATE ISSUED
MAP/PARCEL NO.
1 I
ADDRESS, VILLAGE
i
OWNER
ti
DATE OF INSPECTION:
FOUNDATION I
FRAME
INSULATION
FIREPLACE
s
F ELECTRICAL: ROUGH FINAL t
PLUMBING: ROUGH FINAL
I
GAS: ROUGH FINAL `
j FINAL BUILDING
E '
i
DATE CLOSED OUT `
ASSOCIATION PLAN NO.
BARNSTABLE
BAAN3IABIE• -. .
'07 JUL 26 P 2 :16
Town of Barnstable
Zoning Board of Appeals
Comprehensive Permit Decision and Notice
Appeal 2007-065—Schloerb
Decision - Chapter 40B Comprehensive Permit
Applicant: Ronald G. Schloerb
Property Address: 46 Route 149, Marstons Mills,MA
Assessor's Map/Parcel: Map 077,Parcel 624 .
Zoning: Residential F Zoning District
Applicants:
The applicant is Ronald G. Schloerb, who resides at 46 Route.149,Marstons Mills, MA. Mr. Schloerb
was granted title to the property by deed recorded in the Barnstable County Registry of Deeds on
February 26, 2002 as recorded in Book 14860, Page 122.
Relief Requested:
The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the
Commonwealth of Massachusetts, and in accordance with Article II of Chapter Nine of the Code of the
town of Barnstable,more commonly termed the"Accessory Affordable Apartment Program."
The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9-
14 of the Code—Amnesty Program to permit an accessory apartment unit within a single-family owner-
occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory
affordable apartment unit in the upper level of the principal residence.
Locus and Background:
The property at issue is a .29 acre lot located at 46 Route 149 in Marstons Mills. The lot was developed in
1950 with a single-family ranch style home. The effective living area of the main residence is 1,200
square feet. The accessory apartment is a one-bedroom unit located in the upper level of the principal
residence. The square footage of the rental area is approximately 600 square feet.
The lot is served by public water and on-site septic, and is located within a Aquifer Protection Overlay
District. The town of Barnstable's Public Health Division reviewed the application, and on May 3,2007,
approved a total of three (3)bedrooms at the property with the existing on site septic system.
Procedural Summary:
A site approval letter was issued for the property by Town Manager John Klimm on May 24, 2007, in
accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the
Department of Housing and Community Development in accordance with the requirements of CMR 760.
An application for a Comprehensive Permit was then filed at the Town Clerk's Office and the Office of
the Zoning Board of Appeals.
z
A public hearing before the Zoning Board of Appeals Hearing Officer 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 applicant,
Ronald Schloerb,was present at the hearing. Madeline Taylor of the Growth Management Department
was also present. Ms. Nightingale reviewed the file with the applicant to assure compliance with all of the
program requirements.
Findings of Fact on the Comprehensive Permit:
At the hearing on July 11, 2007 the Hearing Officer made the following findings of fact:
1. The applicant is Ronald Schloerb who resides at 46 Route 149, Marstons Mills, MA. He is
requesting a Comprehensive Permit to convert an existing unpermitted one-bedroom apartment in the
upper level of the principal residence into an accessory affordable apartment. The conversion of the
unit to an accessory affordable unit within a single-family owner-occupied residential dwelling
qualifies for the "Accessory Affordable Apartment Program."
2. Mr. Schloerb was granted title to the property by deed recorded in the Barnstable Registry of Deeds
on February 26, 2002 as recorded in Book 14860,page 122.
3. On May 24, 2007, a site approval letter was issued for the property by Town Manager John Klimm,
in accordance with MGL Chapter 40B and 760 CMR.Notice of the site approval letter was sent to the
Department of Housing and Community Development, in accordance with the requirements of CMR
760, and no issues were communicated from the Department on this particular application.
4. The proposed accessory affordable unit is approximately 600 square feet, and is located in the upper
level of the ptincipal residence.
5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that
the Building Division and Fire Department will also be inspecting the unit for compliance with all
applicable building and fire codes.
6. The house is served by public water and private on-site septic and is in an identified Aquifer
Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and
he has approved a total of three (3)bedrooms at the property with the existing on-site septic system.
7. On April 5, 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 unit in perpetuity as an affordable rental unit and requires that the dwelling
be owner-occupied as his principal residence.
8. The applicant understands that the affordable unit will be rented to a person or family whose income
is 80% or less of the Area Median Income(AMI) of the Barnstable Metropolitan Statistical Area
(MSA) and further agrees that rent(including utilities) shall not exceed 30% of the monthly household
income of a household earning 80%of the median income, adjusted by household size. In the event
that utilities are separately metered,the utility allowance established by the town of Barnstable shall be
deducted from rent level so calculated.
9. According to the Massachusetts Department of Housing and Community Development, as of 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.
2
r
Finding Summary:
Based upon the findings,the Hearing Officer ruled that the applicant has standing to apply for a
Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment
Program. The proposal is also deemed consistent with local needs because it adequately promotes the
objective of providing affordable housing for the town of Barnstable without jeopardizing the health and
safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed.
Ruling and Conditions:
Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL
Chapter 40B to the applicant,Ronald Schloerb. It is issued to allow for a one-bedroom accessory
affordable apartment unit in accordance with the following conditions:
1. Occupancy of the affordable unit shall not exceed two (2)persons.
2. The total number of bedrooms on the property with the existing on site septic system shall not
exceed three (3).
3. The property owner shall occupy the principal dwelling as his principal residence.
4. This unit shall not be occupied by a family member of the owner(s).
5. All parking for the accessory apartment and the main dwelling shall be on-site and no lodging shall
be permitted on-site 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 single individual for the Barnstable MSA. In the event that
utilities are separately metered, the utility allowance established by the town of Barnstable shall be
deducted from rent level so calculated.
7. All leases shall have a minimum term of one year.
8. The Growth Management Department shall serve as the monitoring agent for the accessory
apartment.
9. The applicant must apply for a building permit for the accessory unit, whether the unit is new or
pre-existing. Before securing an occupancy permit and certificate of compliance,the Building
Commissioner must determine that the unit conforms with the approved plans as submitted with the
building permit application and meets state building and fire codes. The Health Division must
determine that the dwelling is in compliance with applicable on-site wastewater discharge
requirements.
10. The applicant may select his own tenant provided the tenant meets the requirements of the
program as cited above and provided that person's income is reviewed and approved by the Growth
Management Department of the town of Barnstable as a qualified individual. The applicant will be
required to work with the town to provide information necessary to document that the tenant
qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or
family. Whenever a vacancy occurs,notice must be given to the Growth Management Department
and the unit must be listed with the Town.
11. Every twelve months the applicant shall review the income eligibility of the individual occupying
the unit. No later than a year from the date of issuance of this Comprehensive Permit,the applicant
shall file with the Growth Management Department of the town of Barnstable an annual affidavit
listing the rent charged and income level of the occupant of the unit.
C
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.
12. This Comprehensive Permit shall not be transferable to any other person or entity without the
prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory
Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed
at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the
Growth Management Department of the town of Barnstable shall be notified within 60 days of the
name and address of the new owner.
13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its
issuance or it shall expire.
Ordered:
Comprehensive Permit 2007-065 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. r
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.
CLI �Lkt",eLL
Ga ightingale,6earing cer D to Signed
I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts,hereby certify
that twenty (20) days.have elapsed since the Zoning Board of Appeals filed this decision and that no
appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this day of C0 under the pains and penalties of perjury.
r
Linda utehen-4 tier,To,.vn Clerk
4
' B k 22329 Ps 106 �—53ems-34
REGULATORY AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
ZS�R�_GULA RY AG EMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made
this�day of ,2007,by and between Ronald G. Schloerb, 46 Route 149,Mars tons
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:
I. PROIECI`SCOPE AND DESIGN:
A- The terms of this Agreement and Covenant regulate the property located at 46 Route 149, Marston
Mills, MA as further described in deed recorded herewith as Barnstable County Registry of Deeds Book
14860 &Page 122.
B. The Project located at 46 Route 149,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. 2007-065 and any plans submitted therewith and all applicable state, federal and municipal laws anc ,
regulatiom. Said permit is recorded herewith as Barnstable County Registry of Deeds Book�2E 2 C,
&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 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(MBA) 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 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 r
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
connection therewith. Upon recording or filling,as applicable,the Owner shall immediatelytransmit to the
Municipality evidence of such recording or filing including the date and instrument, book and page or registration.
number of the Agreement.
2
V. GOVERNING OF AGREEMENT:
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any
amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any
clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof.
VI. NOTICE:
All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when
delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the
parties hereto at the addresses set forth below,or to such other place as a parry may from time to time designate
by written notice.
VII. HOLD 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 in deed recorded herewith as Barnstable County Registry of Deeds Book 14860
& Page 122 and shall be binding upon the Owner and all successors in title . This Agreement is made for the
benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this
Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest.
The Municipality shall not be subject to the defense of lack of privity of estate.. The covenants and restrictions
contained in this Agreement shall be deemed to affect the title to the property described in deed recorded
herewith as Barnstable County Registry of Deeds Book 14860 &Page 122.
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.
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
3
r
permit.
B. The Owner intends,declares, and covenants on behalf of itself and its successors and assigns @ 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 (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 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'f dayof .— 2007.
OWNER -
BY:
Signature
Printed:Ronald G.Schloerb
COMMONWEALTH OF MASSACHUSETTS
County of Barnstablkss:
On this da of 20 before me,the undersigned notary public,personally.appeared
,_the er(s),proved to me through satisfactory evidence .
of i ent' ication,which were ,to be the pFison(s)whose
name(s) is signed on the preceding or attached docume t and acknowledged to be that he/she signed it
voluntarily for the stated purp ses. /�
4_ Z" I
1
Notary Public
Printed: My Commission Expires:
EP.TA OR
votary Public
ealth of Massachusetts
mmission Expires
cember 4,2009 4
TOWN OF BARNSTABLE
BY: -
i
MANAGER
COMMONWEALTH OF MASSACHUSETTS
County of Barnstable,ss:
On this L' day of��2007 before me,the undersigned notary public,personally appeared
Udh n C,K)-)m M ,the Town Manager for the Town of Barnstable,proved to me through satisfactory
evidence of identification,which were ern ei d 16M,cl1 enpu/n,to be the person whose name is signed on
the preceding or attached document and ow edged to-be that he/she signed it voluntarily for the stated
purposes.
Notary blic
Printed: J 1�PG �� cbl) l i My Commission Expires:
OFFICIAL SEAL
y - SHIRLEE MAY OAKLEY
}' NOTARY PUBLIC
COMMONWEALTH OF MASSACHUSETTS
My Comm,Expires 3/28/2008
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C.O
oFt METo Town of Barnstable
B„ AB , : Regulatory Services
39. ,�� Thomas F. Geiler, Director
7
Building Division
Tom Perry Building Commissioner
200 Main Street, Hyannis, MA 02601
Office: 508-862-4038 Fax: 508-790-6230
September 17, 2007
Ronald G. Schloerb
46 Route 149
Marstons Mills, MA 02648
Re: Proposed Accessary Affordable Apartment
Dear Mr. Schloerb:
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
J040616a
Freeman Davis & Stearns LLC
' 1597 Falmouth Road,Suite 3,Centerville,MA 02632 p:(508)775-5010 f:(508)775-9105 www.freemandavislaw.com
• One Lewis Wharf,Boston,MA 02110 p:(617)227-5070 f:(617)227-5001
March 5, 2007
VIA HAND DELIVERY
Mr. Thomas Perry, Building Commissioner
Town of Barnstable
200 Main Street
Barnstable, MA
Re: Ronald Schloerb
46 Route 149, Marston Mills, MA
Barnstable District Court Citation BAR 70334
Dear Mr. Perry:
This will confirm that the Clerk-Magistrate's hearing in the above-captioned
matter has been continued,by agreement,until Thursday, June 7, 2007 at 2:00 p.m.
Further,this letter shall serve as a Stipulation on behalf of my client, Ronald
Schloerb, as follows:
1. The present tenant in the first floor, two bedroom unit at the premises has
a lease that expires October 31, 2007.
2. Mr. Schloerb shall make reasonable efforts to see if the tenant will vacate
the premise prior to the expiration of the lease.
3. Upon the vacating of the premises by the tenant, Mr. Schloerb will
.immediately close off and secure the second bedroom in the aforesaid first
floor two bedroom unit, so that it will become a one bedroom unit.
4. Upon completing the foregoing,the square footage of the aforesaid unit
("the accessory unit") shall not exceed fifty(50%)percent of the square
footage of the basement unit("the principal residence").
5. Mr. Schloerb, by March 23, 2007, shall apply to the Town of Barnstable
Zoning Board of Appeals for an"accessory affordable apartment';
pursuant to Chapter 9—Article 11 of the Town of Barnstable Ordinances
and shall abide by the requirements of said Ordinance.
0,1
� A,
Mr. Thomas Perry
March 5, 2007
Page Two
6. As an alternative to the above unit configuration, Mr. Scholerb may
simply switch the principal residence to the existing first floor two
bedroom unit with no changes and switch the basement unit to the
accessory apartment, as long as this complies with the requirements of
said Chapter 9—Article II.
Thank you. '
Very truly yours,
Ronald Schloerb
By Peter L. Freeman, Attorney in Fact
PLF/ntrc
Cc: Mr. Ronald Schloerb
Freeman Davis & Stearns LLC
Peter L.Freeman 1597 Falmouth Road,Suite 3,Centerville,MA 02632 p:(508)775-5010 f:(508)775-9105 www.freemandavisla*w.com
Joshua Davis One Lewis Wharf,Boston,MA 02110 p:(617)227-5070 f:(617)227-5001 1 1+W 9A UN" v;�,i�i" l Via$L E
_Janerk Stearns,
.. . 2005 DEC 27 PM 1. 54
December 26, 2006
Mr. William F. Eldridge, Jr. HAND-DELIVERED
Clerk-Magistrate
Barnstable District Court
Main Street, Route 6A
Barnstable, MA 02630
Re: Town of Barnstable Citation No. BAR 70334
Name of Offender: Ronald Schloerb
Property Address: 46 Route 149
Marstons Mills, MA 02648
Dear Mr. Eldridge:
I represent Ronald Schloerb, the alleged offender in the above-referenced matter. A
copy of the Citation is attached hereto.
My client contests this matter and hereby requests a hearing on the enclosed Citation.
Very truly yours,
Peter L. Freeman
PLF/ntrc
Enclosures
Cc: Ronald Schloerb ;
Thomas Perry, Director
NAME OF F N E $
( s,AR .
TOWN OF ADDR OFFENDE
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..� BARNSTABLE CIT ;> I r' �' �... • - � � l I.
::. () .S
. �1l1E/p MV/MB REGISTRATION NUMBER
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• BAnN!i7'Ae1,E, � •� -
TIME AND.DAT F IOL 10 I OF
NOTICE OF I .M P.M.)O CINGDEPT. BADGE NO r
FORCI ERSON Ucr+
It
aIGN' EN LU
VIOLATIONt M.
u:
OF TOWN E Y ACKNOWL DGE ECEIPT OF CITATION X LU ? l
ORDINANCE L lJnablel0 obt i si at o offender. u
r THE NONCRIMINAL FINE FOR THIS OFFENSE IS, S OR Date mailedUj
I l
'YOU HAVE THE FOLLOWING AL ERNATIVES WITH REGARD.TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL
CL
DISPOSITION WITH NO RESULTING CRIMINAL RECORD. LU '
REGULATION i
(1)You may elect to pay the above fine,either by appearing in person between 6.30 A.M.and 4:00 RM.,Monday through Friday legal holidays excepptad, W I ; ur
The Barnstable Clerk,200 Main Street;Hyannis,MA 02601,or by mailing a check;money.order or postal note to Barnstable Clerk,P.O.Box 2430,. J I r,.
Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OFTHIS NOTICE.
UNSTABLE
you desire to contest this matter Ina noridrlminal proceeding yyou mayy do so by making written request to DISTRICT COURT DEPARTMENT,.FIRST l
Ron for a h DIVISION,COURT COMPOUND;MAIN STREET BARNSTA LE,MA.02630,Attn:21D.Noncriminal Hearings and enclose.a copy of this 'I l citation for a hearing. I
(3)If you fall to pay.the above offense or.to requesta hearing Within 21 days;or If you fail to appear for the hearing or to pay any fine determined at the
hearing to be due,criminal complaint may.4e Iss!{ed against you. U.
I HEREBY ELECT the first option:above,confess'to the offense charged',and enclose pagmenC In the amount of.$ <<
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Incident Report
January 4, 2007
Re: Ronald Scholerb
46 Route 149
Marstons Mills MA 02648
I observed what appeared to be two living units, one above the other, at 46 Rt. 149
Marstons Mills on April 5, 2006. I asked a local realtor if they know of the property. I
was told that it in fact had been turned into 2 living units and that Mr. Schloerb was the
owner and that he rented the lower apartment.
I sent Mr. Schloerb a letter in April and he subsequently applied for the Amnesty
Program. After a site visit by the Madeline Taylor of the program it was determined that
he was not eligible for Amnesty unless he lived in the larger apartment and rented the
smaller one. He has refused to make any changes to qualify for the Amnesty Program
and he has refused to restore the house to a single family house as is permitted in that
zone.
Respectfully submitted;----
dson
r
Town of Barnstable
Regulatory Services
9anxx n. Thomas F.Geiler,Director
�iOrFDMA'�a Building Division
Tom Perry,Building Commissioner
200 Main Street,Hyannis,MA 02601
Office: 508-862-4024 Fax: 508-790-6230
October 20, 2006
Mr. Ronald Schloerb
Route 149
Marstons Mills MA 02648
RE: Illegal Apartment: Route 149 Marstons Mills, MA. 02648
Map : 077 Parcel : 024
Dear Property Owner,
This letter is to inform you that you currently are in violation of Barnstable Zoning
Ordinance 240-11. You must contact this office by October 30, 2006 to arrange to bring
the above address into compliance or be subject to fines of no more than $300.00 per day
of non-compliance. Thank you for your attention in this matter.
By Order,
cL
mda Edson
Amnesty Zoning Enforcement Officer
Building Department
Q:zoning5
Engineering Dept.(3rd floor) Map Parcel ermit# w
House# Date Issued -9
Board of Health(3rd floor)(8:15 -9:30/1:00-4:30) Fee a % r7/
Conservation Office(4th floor)(8:30- 9:30/1:00-2:00) '
Planning Dept.(1st floor/School Admin. Bldg.) a INE
D@ivn Approved by Planning Board 19BARNSTARLE.MASSEs 19-
TOWN OF BARNSTABLEBuil 'ng Permit A lication
PAddress RIr
Village
Owner rJ A/� � Address ZZ2;gel e 3®j ,,� 377)J
Telephone lei /—,92-so /7 %1-,7
Permit Request ,ZAZ4:� A14-7A./ Rower".
First Floor square feet Second Floor square feet
Construction Type
Estimated Project Cost $ 9"®pp
Zoning District Flood Plain Water Protection
Lot Size Grandfathered ❑Yes ❑No
Dwelling Type: Single Family 0,"" Two Family ❑ Multi-Family #units)
Age of Existing Structure Historic House ❑Yes INo On Old Kin 's Highway ❑Yes �No
g g Y
Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths: Full: Existing New Half: Existing New
No.of Bedrooms: Existing New
Total Room Count(not including baths): Existing New First Floor Room Count
Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other
Central Air ❑Yes ❑No Fireplaces:Existing New Existing wood/coal stove ❑Yes ❑No
Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size)
❑Attached(size) ❑Barn(size)
❑None ❑Shed(size)
❑Other(size)
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
Commercial ❑Yes Ql&o If yes,site plan review#
Current Use Proposed Use
Builder Information
Name Telephone Number
Address & S'' � ��' License# 41f 1 d 3 2—
[ �� �'fdr�€ ?��✓ !p Jr` Home Improvement Contractor# J OO 709
T�J Worker's Compensation#09 W
NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS
PROPOSED STRUCTURES ON THE LOT.
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE DATE
BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S)
FOR OFFICIAL USE ONLY
PERMIT NO.
DATE ISSUED
MAP/-PARCEL NO.
ADDRESS • VILLAGE '
OWNER
DATE OF INSPECTION:
FOUNDATION _
FRAME M
INSULATION -
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FIREPLACE -
R
ELECTRICAL: ROUGH FINAL 1 F
PLUMBING: ROUGH FINAL - ~
GAS: " ROUGH FINAL _
.' FINAL BUILDING
DATE CLOSED OUT
ASSOCIATION PLAN NO.
�= f
�OME .IMPROVEMENT CONTRACTORS REGISTRATION
Board of Building Regulations and Standards i
One Ashburton Place .— Room 1301
.Boston, Massachusetts 02108 j
HOME IMPROVEMENT CONTRACTOR L--------"-- ------ ----
Reg=stration 100740 Expiration 06/23/98 i F. «.. ��l �a
Type — PRIVATE CORPORATION
HOME IMPROVEMENT CONTRACTOR
�• k Registration 100740
CAPIZZI HOME IMPROVEMENT., INC- Type - PRIVATE CORPORATION
Thomas Capizzi , Sr . Expiration 06/23/48
1645 Newton Rd . i
Cotuit MA 02635 CAPIZZI HOME IMPROVEMENT, INC
T�aaas Capizzi, Sr..
Newton Rd.
AOMING74 ATOR Cotuit MA 0263S
DEPARTMENT
ONE ASHOUR
DOSTUN
jkUC,T'T*ON',"SUPERVISOR LICENSE
� t, z`' 'F Expires: .
,L4SECURIT:YG4-'-. 030-58- 494' .ft
►S X 4.CAPIZ IaJR:'
zNsTAaI:E, ' A` 02668
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The Commonwealth of Massachusetts
_ Department of Industrial Accidents
Ofllte 011Qi�CSll�ftf/lt
600 Washington Street
Boston,Mass. 02111
Workers' Compensation Insurance Affidavit
Applicantinformaijon:___ . _
p
n m.. Ci L�r
location-
ciry
¢ Z� phone#
I am a homeowner performing all work myself.
I am a sole proprietor and have no one working in any capacity
I am an employer pro-,iding workers' compensation for my employees working on this job.
comi2any name:
address:
city phone#:
insurance co �T T /Ll�I policy# Opi t�t/ei�W �-13�ff
I am a sole proprietor. zeneral contractor.or homeowner(circle one) and have hired the contractors listed below «ho have
the following workers' compensation polices:
company name-
address-
city: phone#:
insurance co. lice#
m anv name-
city_• phone N.
insurance co. oofiev#
MUtfL-zdMM1_1AWe_M_
Failure to secure coverage as required under Section 25A of HGL 152 can lad to the imposition of criminal peaaltia of a tIae op to S1 MOM aad/or
one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a floe of SIDOM a day against me. I understand that a
copy of this statement may be forwarded to the OtTice of investigations of the DIA for coverage verifiatioa:
t do hereby certify under the pains an4fenaltizes of perjury that the information provided above is true a"correct
nate
Signature _
�^ G�� Phone#
Print name
_- oM021 use only do not-A rite in this area to be completed by city or town oQkial
city or town: YARMOUT$. _ permittlicense# r iBuilding Department
C]lacensing Board
check if immediate response is required 261 ❑Selectmen's Once
�Healtb Department
contact person: ^phone#:_ (508) 398- =31 eat. riOther
(revvsed IJVS PIA)
e Town of Barnstable. Th F .
wsQ- Department of Health Safety and Environmental Sernces
Binding Division
367 Main Street,RYaaais MA OZ60I
Ralph Cmssea
Off= Sob 790-62V " Bmi Commission
Fc 308-775-3344
Foroffice use omlY
Permit no.
AFFIDAVIT
HOME V"ROVEMENT CONTRACTOR LAW
SUPPLEIItM TO PERIMn APPLICATION
MGL c. 142A requires that the mconstrmction,alterations,renovation,repair. o�ao�on'
improvement,.trawl, demolition. or construction of an addition to anY pm- f��t
SUuCMM
building containing at least one but not morn than four dwelling units or to
to such residence or building be done by registered oontraeYors,with certain eaocxptioszs. along with other
i
teviremeus. r
F Est Cost !�+
Type of Work: �„A
Address of Worl---YA
o%mer.Name:
Date of permit Application:
I hereb♦certify that:
Registration is not required for the following m2scn(s):
f
Work occluded by law
Job tmda S1,000
_Building notpicd
Ow=pulling own peraut
Notice is hereby gh=that:
OWNERS PULLING THEIR OWN PERMIT OR DEALING WLTII U11 HAVE ACCESS TO�MM
IFOR APPLICABLE HOME WROVEMET ' WORK DO NOT HAVE
ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c 142A
SIGNED UNDER PENALTIES OF PERIURY
I hcrcby apply for a permit as the agent of the owire::
41
l name Registxaaon No.
Date ry
OR '
Parcel Detail Page 1 of 2
Logged In As: Parcel eta i Wednesday, A
Parcel Lookup
Parcellnfo
...__................... ...... ..............
Parcel ID 1077-024 Developer Lot
._..___m..................... .._. .._.._. ..._.._._
Location 46 ROUTE 149 Pri Frontage 125
Sec Road Sec Frontage
villageMARSTONS MILLS Fire DistrictC-O-MM
Sewer Acct Road Index 1391
Owner Info
OwnerSCHLOER6, RONALD G
Co-Owner
Streetl 46 ROUTE 149 Street2
C€ty'MARSTONS MILLS State MA zip 02648 Country US
Land Info
........ .. _.... ..... ...
Acres 0 29 use Srn le Fam MD Zoning RF Nghbd 0105
9 _.._.
.....__._ ..._ _ .................. ....._._ .. . _..., _ ..
Topography Level Road ,Paved
Utilities;Public Water,Gas,Septic Location
Construction Info __.. _ Ma...._ ...__.. ... _ _.._._. ....,:.
Building I of
Year 1950 .._.._ __. Roof Gable/Hip ac None
Built Struct Type
Effect.- Roof Bed
906 Asph/F GIs/Cm 3 Bedrooms
Area - Cover Rooms
..._ ,33
Int Bath H"�" � � r
Style Ranch Wail Wall Brd/Wood Rooms
......
Total
Model I Residential Rooms�5 Rooms 3� f ,,, 15 �` g
Grade Average Int --" Bath
Floor Style
Kitchen _
Stories 11 Story `
Style'-
Ext"Wood Shingle Heat _._ Bath
Wall Fuel Split
Heat Hot Air Found Gas
Type:,,�, ation
http://issql/Intranet/propdata/ParcelDetail.aspx?ID=4663 4/5/2006
Parcel Detail Page 2 of 2
Permit His to
Issue Date Purpose Permit# Amount Insp Date Comments
9/20/1996 Residential 18042 $2,000 ROOF
Visit Histo __ __..._ ..... ....._ _....
Date Who Purpose
11/28/2005 12:00:00 AM Paul Talbot Meas/Est
10/2/2002 12:00:00 AM Paul Talbot Meas/Listed
1/7/1999 12:00:00 AM Frederick Stepanis Meas/Listed
Sales History
Line Sale Date Owner Book/Page Sale P
1 2/26/2002 SCHLOERB, RONALD G 14860/122
2 8/4/2000 MALILA, DAVID J 13165/072
3 4/2/1984 MCAULEY, JANE ANNE 4056/128
4 4/2/1984 TAMBURI, CATHERINE K 4056/125
5 8/15/1982 TAMBURI, CATHERINE K P63696
Assessment History _..... .... __....
_.._.... .._._...... ........�.. _. _._ _
Save# Year Building Value XF Value OB Value Land Value Total Parc€
1 2006 $78,300 $11,700 $0 $145,700
2 2005 $73,500 $11,200 $0 $98,900
3 2004 $61,600 $11,200 $0 $98,900
4 2003 $62,200 $12,000 $0 $42,000
5 2002 $62,200 $12,000 $0 $42,000
6 2001 $62,200 $12,000 $0 $42,000
7 2000 $47,300 $11,400 $0 $26,000
8 1999 $38,200 $9,200 $0 $26,000
9 1998 $37,600 $9,200 $0 $26,000
10 1997 $59,300 $0 $0 $22,400
11 1996 $59,300 $0 $0 $22,400
12 1995 $59,300 $0 $0 $22,400
13 1994 $58,400 $0 $0 $30,300
14 1993 $58,400 $0 $0 $30,300
15 1992 $66,400 $0 $0 $33,600
16 1991 $80,200 $0 $0 $41,100
17 1990 $80,200 $0 $0 $41,100
18 1989 $80,200 $0 $0 $41,100
19 1988 $39,300 $0 $0 $13,100
20 1987 $39,300 $0 $0 $13,100
21 1986 $39,300 $0 $0 $13,100
Photos
http://issgl/intranet/propdata/ParcelDetail.aspx?ID=4663 4/5/2006
�FTHE ip�, Town of Barnstable
Regulatory Services
BARNv MASS. Thomas F.Geiler,Director
�iDlEp39.(A,� Building Division
Thomas Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4024 Fax: 508-790-6230
April 5, 2006
Mr.Ronald Schloerb
46 Route 149
Marstons Mills, MA 02648
Re: Illegal Apartment—46 Route 149 Marstons Mills , MA 02648
Map 077 Parcel 024
Dear Property Owner:
Our records indicate that your house at the above-referenced location is currently being
used as a multi-family home, which is contrary to Barnstable Zoning Ordinances.
Violation of zoning ordinances is a misdemeanor, conviction for which results in a
criminal record.
You must contact this office within 14 days to either:
• Apply for a building permit to restore the property to a one-family home
• Apply to the Amnesty Program
• Prove that this is a legal multi-family home.
Please contact this office immediately to tell us what direction you wish to take.
Sincerely,,. /
Li Edson
esty Program
Zoning Officer
Building Department
gfbnns:zoning3