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HomeMy WebLinkAbout0011 SHAMMAS LANE - Amnesty & MULTI-FAMILY y t NNW" AMNESTY FILE cn 1 . > Town of Barnstable B " ding 1 rPost This Card So That it,is Visible'.From the Streetr•Approved Plans Must beRetamed:on,Job andth�s.Card Must b'Zne Kept it �ABI.B, t Y y' "'.,, `. .' '.::. x f ,,s ^k` �¢ �? �,,,,. ,.� vrgr 3a Posted Until Final Inspection,Has Been Made r gp '., �•':, a� ', ,z, yam 4 R Where:a Cert�ficat'e' f Occa anc'as,Re aired'-ouch Buildrri shall:Notbe Ocau red untilafmalans ection has been made Pel iljll Permit No. B-18-S60 Applicant Name: todd leduc Approvals Date Issued: 03/02/2018 Current Use: Structure Permit Type: Building-Insulation-Residential Expiration Date: 09/02/2018 Foundation: Location: 11 SHAMMAS LANE, MARSTONS MILLS Map/Lot: 064-109 Zoning District: RF Sheathing: Owner on Record: WHITE, KEVIN R 8,AMY Contractor Name TODD LEDUC Framing: 1 Contractor License CSSL-106019 Address: 11 SHAMMAS LANE , 2 1 MARSTONS MILLS, MA 02648 k Est Protect Cost: $6,000.00 Chimney: .r Description: Air sealing and insulation of attic flat and common walls Permit Fee: $85.00 Insulation: Project Review Req: Fee Paid $85.00 Date 3/2/2018 Final: g Plumbing/Gas : 4 Rough Plumbing: � Building Official Final Plumbing: This permit shall be deemed abandoned and invalid unless the work author zi ed#b tFis permit is commenced within six moriths after.issuance. Rough Gas: All work authorized by this permit shall conform to the approved appl'cat nand theapproved construction documentsfor which�this permit has been granted. Final Gas: All construction;alterations and changes of use of any building a nd.str.Ud6fbs'shilIz be in compliance with the local zoning by laws and codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for publkjrispectk n for the entire duration of the work until the completion of the same. �t < Electrical �' The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Ffre Officials are provided' this permit. Service: Minimum of Five Call Inspections Required for All Construction Work: " g 1.Foundation or Footing Y ROu h: 2.Sheathing Inspection Final' 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Low Voltage Rough: 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Low Voltage Final 7.Final Inspection before Occupancy Health Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT oFtHE r Town of Barnstable Regulatory Services (* snxivn"B`'E' ` Richard V. Scali Director lEc 39n. 1% 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 July 17, 2014 Kevin White Amy White 11 Shammas Lane Marstons Mills, MA 02648 Re: Amnesty Apartment Dear Kevin and Amy, Enclosed are the Certificate of Occupancy and Certificate of Compliance for your Amnesty apartment. If you have any questions, please feel welcome to contact me at 508-862-4038. r. Sincerely, Brenda Coyle Division Assist t Enclosure amnco Amnesty Program Helping to make affordable housing possible. Town Bamstable y Certificate of Compliance - This certificate indicates acceptable minima n habitable requirements per Massachusetts State Building Code and Town of Barnstable zoning ordinances in accordance with the Amnesty program. Owners Kevin and Amy White ' Location 11 Shammas Lane, Marstons Mills Unit Capacity One Bedroom t to exceed 1 Person Inspector A M/P No. 064/109 7/15/2014 Town of Barnstable o� Building Department - 200 Main Street * CAB . * Hyannis, MA 02601 9 MASS (508) 862-4038 RFD MA'i A Certificate of Occupancy Application Number: 201307751 CO Number: 20140090 Parcel ID: 064109 CO Issue Date: 07/15114 Location: 11 SHAMMAS LANE 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 APT. 1 BEDROOM Building Department Signature 'D dt7e si/9ned TOWN OF BAKiJSTABLE BuildIng 201307751 BARNSTABLE, Issue Date: 10/29/13 Permit 9 MASS. Applicant: WHITE,KEVIN R&AMY Permit Number: B 20132675 Proposed Use: SINGLE FAMILY HOME Expiration Date: 04/28/14 Location 11 SHAMMAS LANE Zoning District RF Pennit Type: AMNESTY W/CONSTR RESIDENTIAL Map Parcel 064109 Permit Fee$ 35.00 Contractor PROPERTY OWNER Village MARSTONS MILLS App Fee$ 50.00 License Num OWNER Est Construction Cost$ 700 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND AMNESTY APARTMENT REPLACE WINDOW W/EGRESS 20X24 THIS CARD MUST BE KEPT POSTED UNTIL FINAL COVER DUCT WORK IN GARAGE BELOW APARTMENT INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: WHITE,KEVIN R&AMY BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 11 SHAMMAS LANE INSPECTION HAS BEEN MADE. MARSTONS MILLS,MA 02648 Application Entered by: RM Building Permit Issued By: THIS PERMIT,CONVEYS NO RIGHT TO OCCUPY ANY.STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER'TEMPORARILY OR PERMANENTLY :ENCROACHMENTS ON PUBLIC PROPERTY,NO SPECIFICALLY PERMITTED UNDER.THE BUILDING CODE;MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLEY 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 FIVE CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.SHEATHING INSPECTION 3.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 4.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 5.PRIOR TO COVERING STRUCTURAL MEMBERS(FRAME INSPECTION). 6.INSULATION. 7.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 1i -3/LV`prAcl— 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fi ept 2 Board Health �^ V v Iq �4dl �dwv- pfTME roq, Town of Barnstable ti Regulatory Services BMWS1* MASS. E' " Richard V. Scali,Director i639. y�A ,�$' rE039 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 July 3, 2014 Kevin and Amy White 11 Shammas Lane Marstons Mills, MA 02648 Re: Amnesty Apartment Dear Mr. and Mrs. White, For the final step in the family apartment process, you are still required to present your building permit card to us. COMM Fire Department will be in our building on July 15th and the 16tnfrom 8:00 a.m. to 9:30 a.m. so they can signoff on the building permit card,just come to the building department counter and ask for me. You will also need the health department to sign off, once this is done return the building permit card to me so I can issue the Certificate of Occupancy and Certificate of Compliance for the family apartment. If you have any questions, please contact me at 508-862-4039. Sincerely, Brenda Coyle Building Dept. Admin. .y TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel 1 0 Application a Health Division Date Issued i Conservation Division Application Fee l Planning Dept. Permit Fee 1 �J Date Definitive Plan Approved by Planning Board l� Historic - OKH _ Preservation/ Hyannis R Project Street Address 1 �� ��'��-i a S L-44. Village MAil-s 1yti S /✓la 1 Owner f'%evJ.n Address 11 Shams,,, -ts c, A Telephone ..5 y'�` Permit Request R oP)Ace_ lVin doLn., i n onn e c rY AP.4 i �.-„ �y�-e5 G✓�;�c�cxr pp 01 Ux 1� GpVerL 4�tiGT— t,1Q�D'K r'.^ rn�r��� d�IrOLt/ I�-�Oi9-/�i�'y-►.,_�7 Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new, Zoning District Flood Plain Groundwater Overlayt Project Valuation 70e Construction Type C7 -i - Lot Size Grandfathered: ❑Yes ❑ No If yes, attach' upporting docffnentation. Dwelling Type: Single Family R( Two Family ❑ Multi-Family (# units) , -D Age of Existing Structure i a 1-7 Historic House: ❑Yes {�No On Old Kin 's Highway: LYes' ❑ No :a =�_ Basement Type: ❑ Full ❑Crawl td Walkout ❑ Other _ � D �yy +• 4i� Basement Finished Area(sq.ft.) Basement Unfinished Area(�sq.ft) Number of Baths: Full: existing new Half: existing new { Number of Bedrooms: existing _new Total Room Count (not including batl- ;): 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 Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review # Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name 1'<e_LYf'X Telephone Number Address It S 614 pq<5 LAI, License # Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO ""raNSi-�'e- SIN SIGNATURE DATE t FOR OFFICIAL USE ONLY .APPLICATION# ha DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE ` OWNER t: r, DATE OF INSPECTION: i FOUNDATION f FRAME ` f INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL x �w FINAL BUILDING s` f E DATE CLOSED OUT ASSOCIATION PLAN NO. .4 Ak The Commonwealth of Massachusetts Department of Industrial Accidents dffrce oflnvestigation.s 600 Washington Street Boston, MA 02111 www.mass.gav/dia Workers' Compensation Insurance Affidavit: Bu:lldt:rs/Contractors/IJIectricia.n.s/Plumbers A ficant Information Please Print Leebly �a�3.e (B�sinesslOrg�ization/Fndividual): �'"P�.�-`V"'�•' �`� • ' Ad.rLres5: �I S l,���r-+� s f..ivti •• . City/9tate/Zip:, i nAtl4ryw v ✓YJ,115 lnA Are you an employer? Check the appropriate bov Type of prof ect(required): L❑ I am a employer with 4- ❑ I am a general contractor and 1 6. ❑New canstroctian employees'(fall andlor part;time).* have hired the s ab-confra etors Iistrd an the attached shut 7. ❑Kamodoling 2❑ I am a'solr proprietor or partner- These sub-eontractors have ' slap andhavc n� employees S. ❑Demolition worLzng far ma in nay capacity. employees and have workers' 9. ❑Budding addition ^TO WatkGTS Camp.insur�anmt 'ry ' 1'1t1T11.1.-nunR'Rn7 L_, ""'""'r 5, ❑ We are a ci�rparafian and its 1Q❑Elcctdcal repairs or additions I mn a d] offices have cxcrciscd their 11.❑Plumbing repairs or additions � 3. 0 I am a homeowner doing all wor]c • myself [No Workers' camp. right of exemption per MGL 12 ❑RDOf rcpZiES F. 152, §1(4), and we have no incur==required_] employees. [No work ers• 13.❑Other insuranco rcquircd] «kay applicmnt that cheek bax 91 mutt aka ffn out the sr 6 m 1,mVawchowing their wrni as'co on policy inforrr atimi- t H==waers who mbm¢t this affidavit indicating they are doing aV workand then hire outside wntnrctars Waist submit i new of davit indicating mch- fCantta that ehceirthis box amst atfatbed an additional chectsbowiag thr name of the sub-caatradnrs and state whe$ia or not ffias6 cutifics Isava eaVlay=s- 1f the sub-cantrretarr have anpinyec,they mu stprovidb then tvori cas'earrtp.policy number. I am an employer that is providing workers'compensatfun insurance for my employee Below is the polity and job site information. TncrtrartiCr_Company Name: Policy#or Self-ins.Lic.# Expiration Datc: Job Site Address: City/StaiLip: Attach a copy of the workers' compensation policy declaration page(showing the poficy number and expiration date). Fatluro to secure Cavera_gc as requucd.under Section 25A of MGL c. 152 can lead to the ir�osition of criminal penalfirs of a tiny.tip to $1,SOO.DO and/or anc-year imprisonment, as wc11I as civil pcnaltits in the farm of a STOP WORK ORDER and a tine of up to WIN a dap against tlu vialaior. Bo advised that a copy-of this statcmcrit may bo forwarded to the Office of Fuvr—stizations of the t)IA for 7•mmnsmr,c*vrrdgr vcriiarB iom I do hereby certify under the pain -iznd penalbPs of perjury tkat the inforrna6an provided above fis true and correct Date plzan� svo/ Official use only. Da not write in this area, tb be completed by cr or town offtciaL City or Town: Permit/Liceme# Issaing Authority(circle one): 1.Board of Health 2.Building Department 3. City/Towu Clerk 4.Electrical Inspector S.Plumbing Inspector G. Other Contact Person: Phone#: Town of Barnstable op-VHe ram, " Regulatory Services Thomas F.Geiler,Director BAINSTAsry, F� 0.19. ��� Building Division PlFD µAt Tom Perry,Building Commissioner 200 Main Street; Hyannis, MA 02601 Rmy.town.b arnstabl e.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION; number street ,QQrillae1g .HOMEOWNER"; Key;, (1J�e- name C home phone# work phone# CURRENT MATUNG ADDRESS: �, J a`''� a 5 �•. y'►', ;rl city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or Less and to allow homeowners to engage an individual for hire who does.not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOST,NER Persons) who owns a parcel of land on'which he/she resides or intends to reside, an which there is,or is intended to- be, a one or two-family dwelling,attached or.detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner, Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work perfD=ed under the building�ermst. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minTrrnun inspection procedures and requirements and that he/she will comply with said procedures and requirements. x -lJ V Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Const-ucti6a Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1,1-Licensing of constiuetion Supervisors);provided that if the homeowner engages a persons)for hire to do such work, that such Homcowncr shall act as supa visgr." Many homeowners who use this exemption ale unaware that they are as the responsrbilitics of a supervisor(sa Appendix Q. Rulcs&Regulations for Uecnsing Construction Supervisors,Scetion 2.1S) This lack of awareness oficn results in serious problems,particularly when the homeowner hirrs unlicensed persons In this case,our Board cannot proceed against the unlicensed person as it would Kith a licensed Supervisor. The homeowner acting as Supervisor is ultimately rrsponsrble. To ensure that the homeowner is fully aware of his responsrbt7ities,many communities require,as part of the permit application, i. r....,,_,, ,­rtifv that hdshe understands the rrsponnbili6cs of a Supervisor. On the last page of this issue is a form currently used by j, S • Yf Town of B atrnstable Regulatory Services HARNS LF- Thomas F. Geiler, Director MAE9. 13nilding Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.b a rnsta ble.m axs Office: 508-862-403 8 Fax: 508-740-6230 Propetty Owner Must Complete and Sign This Section. If Using A Builder as Owner of the subject property hereby authorize to act on my behalf, in all.matters relative to work authorized by this building permit application for: (Address of job) signature of Owner Date Print Name If Property Owner is applying for permit please complete the Homeowncts License Exemption Form on tb-'e reverse side. Doc:1s222s151 05-28-2013 3:07 BARNSTABLE LAND COURT REGISTRY 13 d1R 19 .38 Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Comprehensive Permit No.2012.020 White Chapter 40B Comprehensive Permit Summary: Granted with Conditions Date: December 12,2012 Applicants: Kevin R and Amy White Property Address: 11 Shammas Lane Marstons Mills,MA Assessor's Map]Parceh Map 064, Parcel 109 Zoning: RF Zoning District Zone of Contribution: WP Wellhead Protection District U. Recording information: Deed Reference: Doc. No. 1,192,991 Certificate 197249 c� 00 Date Application Filed December 4, 2012 Date Hearing Opened December 12,2012 Cd Date of Decision(Closed): December 12,2012 Property Ownership: The applicants are Kevin R and Amy White,the owner and occupants of 11 Shammas Lane Marstons °-° Mills as evidenced by a deed recorded in the Barnstable County Land Court Registry of Deeds on June 0 1, 2012 as Document No 1,192,991 and Certificate 197249. A copy of which has been submitted for J the record. Relief Requested: Mr.and Mrs.White have applied for a Comprehensive Permit pursuant to Chapter 408 of the General Laws of the Commonwealth of Massachusetts,and in accordance with § 9-15 of the Code of the Town of Barnstable, more commonly termed the"Accessory Affordable Apartment Program'. The permit is sought to allow for an affordable apartment accessory to a single family home 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)Principal permitted uses in a RF Zoning District to permit an accessory apartment unit within the upper level of the detached garage.The issuance of this Comprehensive Permit would allow for a separate,approximately 500 square feet-studio sized accessory affordable apartment f f s i f Town of Barnstable,Zoning Board of Appeals Decision and Nbticr,CompmhensiwPesmitNo.2012-WO-White I 1 LOCUS: 1 The property is a 1.05 acre lot that is developed with a 3-bedroom,2-bathroom-1,638 square foot, Ranch style family dwelling with a detached garage that sits approximately 100 feet to the left and in front of the single-family house. The locus is in a Residential F, in WP-Wellhead Protection Overlay District. Site Conditions The lot is served by public water and private on site septic. The Town of Barnstable's Health Director Thomas McKean reviewed the application, has no objections to a total of three(3)bedrooms for the entire property. Procedural&Hearing Summary: A site approval letter was issued for the property by Town Manager Thomas K. Lynch on November 13,2012 in accordance with MGL Chapter 40B and 760 CMR 56.00. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760 56.00. An application for a Comprehensive Permit was fled atthe Town Clerk's Office on December 4,2012. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on November 16. 2012 and November 23,2012,and notices were sent to all abutters in accordance with MGL Chapter 40B. tz. 0 The Public Hearing was opened on Dezember 12,2012 at 6:00 p.m.by the Hearing Officer Laura F. a Shufelt. The applicants Kevin R.and Amy White were present at the hearing. Cindy L. Dabkowski, Accessory Affordable Apartment Program Coordinator was also present. Laura F.Shufelt read the proposed conditions to the applicants. Mr.and Mrs.White consented to the conditions.Mr.and Mrs. White gave testimony as recorded in the hearing minutes filed with the Town Clerk C, The Hearing Officer opened the hearing to public comment.No one commented. The December 12, 2012 public comment period was closed by the hearing officer at 6:30 p.m. oc On December 12, 2012 the hearing officer granted comprehensive permit No.2012-020 with ,0 conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeals as required by the Town of Barnstable Administrative Code Chapter 241,section 11. if after fourteen (14)days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision,this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Findings of Fact: At the hearing on December 12,2012 the Hearing Officer made the following findings of fact 1. The applicants are Kevin R.and Amy 1;'Vhite who are the owner-occupants of the property located at 11 Shammas Lane Marstons Mills,MA. 2. Kevin R.and Amy White were granted title to the property by deed recorded in the Barnstable County Registry of Deeds on June 1,2012 in Document No. 1,192,991 as Certificate 197249. 3. On November 13, 2012,a site approval letter was issued for the property by Town Manager Thomas K. Lynch,in accordance with MGL Chapter 40B and 760 CMR 56.04(4). Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of 760 CMR 56.04(2),and no issues were communicated from the Department on this particular appf ication. 2 ` i Town of Barnstable,Zoning Board of Appeals Decision and Notice,Cantpaehensive Permit NO.2012-020—White 4. The accessory affordable unit is approximately 500 square feet in living area and is located above the detached e. The Accessory unit was previously permitted. Comprehensive tack garag sory p Y p P Permit No.2004-55 Bissett, 5. The applicants have been informed that the AAAP unit shall meet all applicable health and 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,he stated no objections to a total of three(3) bedrooms at the property_ 7. On October 10, 2012 Kevin R.and Amy White each 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,in a form satisfactory to the Town Attorney, at the Barnstable County Registry of Deeds. These documents restrict the unit in perpetuity as an affordable rental unit 8. The applicants are aware that the affordable unit shall 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 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 rn October 4,2012 6.61% of the town's year round housing stock qualifies as affordable housing � units. The town has not reached the statutory minimum of affordable housing tinder MGL Chapter 408 Section 20-23 or its implementing regulations. 10. The Town of Barnstable's Comprehensive Plan encourages the adaptive use of existing housing stock to create affordable units and the dispersal of these units throughout Barnstable. Summary: 00 The Hearing Officer ruled that the applicants Kevin R. and Amy White have standing to apply for a Comprehensive Permit under MGL Chapter 408 and the Town of Barnstable's Accessory Apartment 0 Program. The proposal is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Conditions: Hearing Officer Laura Shufelt ruled to grant Comprehensive Permit No.2012-020 with conditions in accordance with MGL Chapter 40B arid.Article 11 of Chapter Nine of the Code of the town of Barnstable,more commonly teamed the"Accessory Affordable Apartment Programo to the applicants, Kevin R.and Amy White who are the owners and occupants of the property located at 11 Shammas Lane Marstons Mills. As seen on reap 064 as parcel 109. This Comprehensive Permit allows for a studio sized apartment unit in accordance with the following conditions. I. Occupancy of the affordable unit shall not exceed one(1)person. 2. The total number of bedrooms on the property shall not exceed three(3). 3. The accessory unit shall NOT at any time be occupied by a family member of the owners. 4. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the AAAP 3 i 6 Town of Barnstable,zoning Board of Appeals Decision Ind notice,Comprehensive Pemrit No.20tb020-White S. On October 17, 2012,the applicants were sent written copy of the inspection findings, ' submitted for record,that the unit must meet all applicable heap and 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. All parking for the accessory apartment and the principal dwelling shall at all times be on-site. On street parking for all structures and uses on this property is expressly prohibited 7. Lodging or renting of rooms is prohibiteed for the duration of this Comprehensive Permit. 8. To meet affordability requirements,the rent charged(including utilities)shall not exceed 30% of 80%of the median income for a household for the Barnstable MSA(adjusted for family 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. AAAP Coordinator shall be 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 inspection of the accessory unit shall be the same as the Health Department fee for the rend registration program. Currently that fee is$90.00 per unit. 10.The applicants shall apply for a building permit for the accessory unit,whether the unit is new or pre-existing. Before issuing 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. 11.The applicants may select their own tenant from the prospective tenants supplied by the Administrator of the Ready to Rent List. The tenant must meet the requirements of the Accessory Affordable Apartment Program. The tenant's income shall be reviewed and approved by the Growth Management Department. The applicants shall work with the AAAP Coordinator to provide necessary information and documentation of tenant income eligibility. 12.The unit shall be rented on an opera and fair basis to an income eligible individual. Whenever a vacancy occurs, notice shall be given to the Growth Management Department and the applicant shall request potential tenants from the administrator of the Ready to Rent List. The applicant shall pay all fees associated with accessing the Ready to Rent List. In the event that the Ready to Rent List is not in effect as of the date that the Building Department issues its occupancy permit,the applicant may select the tenant after open and fair marketing,providing that documentation of the same is given to the AAAP Coordinator and the AAAP Coordinator Approves the tenant selection process. 13. Should the accessory affordable apartment become vacant the property owner shall immediately notify the Accessory Affordable Apartment Program Coordinator.The property owner shall also notify the AAAP Coordinator of their request for potential tenants from the Ready to Rent List administrator. 14.Every twelve months the applicant shall review the income eligibility of the AAAP unit tenant No later than a year from the date of issuance of this Comprehensive Permit,the applicants shall file with the AAAP Coordinator,as Monitoring Agent,an annual affidavit stating the rent charged and income of the unit tenant. The property owners and/or tenant shall provide the AAAP Coordinator any additional information deemed necessary to verify the information provided in the affidavit and annual monitoring documents. 4 i Town of Barnstable,Zoning Board of Appeals Decision and Notice,Compahmive Pamit No.2012-020•White 15. 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 may hold a hearing to show cause as to why this permit should not be revoked. 16.This Comprehensive Permit shaft 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 recorded at the Barnstable County Registry of Deeds 17.Should ownership of the subject property transfer the permit holder identified herein shall notify the AAAP Coordinator and provide,within 60 days of the date of transfer,the name and current contact information for the new owner of the subject property. 18.This Comprehensive Permit shall be exercised, all conditions met, and the unit occupied within twelve 02) months of its issuance or it shall expire. Ordered: Comprehensive Permit number 2012-020 has been granted with conditions. A written copy of this decision was forwarded to the Zoning Board of Appeals as required by the Code Chapter 241,section 11 of the Town of Barnstable Administrative code. If after fourteen(14)days from that transmittal the members of the Zoning Board of Appeals takes no action to reverse the decision,this decision shall become final and a copy shall be fled 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 MGI_ 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 decision has been filed in the office of the Town Clerk. Signed and sealed this�day of [. c2p13 under the pains and penalties of perjury. ► flfta�et� Linda Hutchenrider,Town Cleric VE kill, '^ z i :Itd,Iti'�CSYA13Lfi► MASS. A ,E DM61RY OF DOM 11, •. i G33. O O i P t Doc=as222s152 05-28-2013 3=07 BARNSTABLE LAND COURT REGISTRY REGULATORYAG IEEMENT AND DECLARATION OF RESTRdG' W OOVENANTS THIS REGULATORY AGREEMENT and DM ARATION OF RESTRICUVE OOVEN4NIS,is made this 30th day-oft R.of Aptil 2013,by and baween Kni Whdte and Army Vhite1 Shatnm Lane Marston Mills,NIA 02648 and its successors and assign, the'Owner'),and the TOWN OF BARNSTABLE (the"MunucipaW),a political subdivision of the Co VM REAS the Owner has been granted a Quiprehessive Permit uader Massachusetts General Law Chapter 40B and local regulations bythe Zoning Board of Appeals w permit the creation of an armory apartaxor in an owner occupied dwelling which will be rued to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Units');and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and suff:ciencyof which is herebyackaowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN A. The terms of this Agreemem and Covenant regulate the property bated at 11 Shames Lane P. Marstons Mills,MA 02648 as further described in deed recorded herewith as Barnstable Land Court A Registry Doc.No.1,192,991 C;t£No.197249. B_ The Project hated at 11 Shammas Lane Marston Mills,MA 02648 will consist of one accessory r apartment unit Ykich will be rented to an eligible low or moderate income individual or family(the-Designated Affordable Unit'or the"Unic). p, C The Owner agrees to construct the Project in accordance with the term of comprehensive perm t Appeal No.2012-MO and anyplans submaced therewith andd all applicable state,federal and municipal laws and regulations.Said peanut is recorded herewith aws doW -c ed h.�..: Be t Qw- 00 91�#.�*e , 2 S GItJGVrnGYi'f' NO_ ra��-l5� o D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal +-a residence in accordance with the terms of the comprehensive permk IL TIE OWNER'S COVENANTS AND RESPONSIBILt'IIES- J .A- A- TIE OWNER HEREBY REPRESEIM,OOVENANIS AND WARRANTS AS FOLLOW: S 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that r the Designated Affordable Unit shall be set aside in peTauixyfor the public purpose of providing safe and decent housing to pions earmrg at or below 80%of the area median income of Barnsuble Metropolitan Statistical Area 0"and that the Designated.Affordable Unu shall be deemed to be impressed with a public S trusL 2. The Designted Affordable Unit s6H be rented in pMxu4to a household with a mmdmum.income of 80%of the Area Median Immme(AM)of Barnstable AEA and that rent(including wiliiiztes)shall not exceed an amount that is affordable to a household whose income is 90%of the me&-income of Ba mtable N&k In the ,Me event that utrT ' s ate separately metered,a utilityaUovance established bythe Barnstable Ibming Authority shall be deducted from the rent level. 3. The Designated Affordable Unit wilt be retained as a perms}'ear 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. t5. The m=rion and performance of this Agreement by the Owner will not violate or,as applicable,has not violated artyptvvision of law,rule or regulation,or any order of anycourt or other agency or governmental ca body,and vM not violate or,as applicable,has not violated anyprovssion of anyindennue,agreement,mo;Wge� maltme note,or other instrument to which the Owner is a partyorbywhich it orthe Owner is bound,will not 4 t i a result in the creation or imposition of any prohibited encumbrance of anynataure. 6. The Owner,at the time of execution and delivery of this has good,clear marketable tide to the premises. 7. There is no action,suit or proceeding at law or in egiutyor byor before any governmental irntaumentality or other agencynowpendm&or,to tire knowledge of the Owner,threatened against or affecting it,or anyof its properties or rights,which,if advierselydetermimed,would nuteriallyimpairits aight to carryon business substantially as now conducted(and as now cov=&ted bythis Agraemi=4 or would nuwi l2y adversely affect its financial condition. B. GOWLIANC E The Owner hereby agrees that any and all requirements of the laws of the Gc)mmonweakh of Nbssachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shA be deemed to be satisfied in M and that any requirements of privileges of estate are also deems to be satisfied is full. C LIItTATIONONPROFfIS 1. The Owner agrees to limit his/her profs byrenting the Designated Affordable Unit in perpenrityto a household with a snaximum i won a of 80%or less of the Area Median.Income(A)TI}of Bitable Metropolitan Stz&tical Area{IIdSA)and that rent(ruchmEng utilities)shall not exceed an apt that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately fro metered,a utility allowance established bythe Barnstable kknising shall be de 2. The Owner shall annuailydeliver to the 1VYnuk4nlityand to the Monitoring Ageuat,as deskaned bythre Town Manager,proof that the Designated Affordable Unt is rem,the tenant's mcome 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 d:vmEng unit or units bya new tenant. The Owner shall notifythe Monitoring Agent,as designated by the Town Managed within tlmty(30)days of the dare that a tenant has vacated the Designated Affordable Unit. M. MUM(IPALIW C3O31ENE4N 5 AND RE.SE'ONSIBIUTfES 1. The MUMCIPALM,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 rmmaximrrm Income of 80%or less of the Area Median Income(AMI)of Barnstable NBA and that rent (inchAing u0mes)shall not exceed an amount that is affordable to a household whose income Is 80%of the mediaa income of Barnstable MSA.In the event that ut1wes are separately metered,a utrility allowance established by the Barnstable Dousing Authuoritysball be deducted from the rent. IV. RECORDING OF AGREEMENT Upon execution,the OWNERshall immediatedycause this Agreement and any amendments hereto to be recorded with the Registryof Deeds for Barnstable Gmmty or,if the Project consists in whole or in part of rePleced 64 file this Agreement and anyamendments hereto with:the RegisaryDistrict of the Barnstable Lard GDurt(collectively heneinafier the`Registryof Deeds-),and the Owner shall pay all fees and charges incurred is connection therewith_ Upon recording or filling,2s applicable,the Owner shall immedia '*transmit to the Municipality evidence of such recording or h7ing including the date and instrument,book and page or registration number of the Agreement. ` 2 V. GOVERNMOEAGREEWNE, Iles Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to the Agreement must be in writing and ewarted byall of the party hereto. Tlie tnvAdayof any clause,part or provision of this Agreement shall not affect the validity of the renaming portions hereof. VI. NOTIIf : All notices to be given pursuant to this Agent shad be in writing and shift be deemed given when delivered by hand or when marled by certified or registered mail,postage prepaid,return receipt rested,to the parties hereto at the addresses sex forth below,or w such other place as a party may from time to time designaw. byvvrit n Mice. W. FOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions bythe Owner,its agents,servants or employees which result in claims made against Municipality andtor its dekgace,snelcrding but not limited to awards,judgments,out-of-pocket expenses and actoraefs fees necessitaxed by such actions. VIII. ENTIRE UNDEIiSIA—DING A. Muffs Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in wiring,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 bythe Ownerm run in perpeuttryin favor of and be held bythe hInnicipalitpas anyod= permanent restriction held bya governmental body as that terra is used is MGL Clk 184,Section 26 which shall run with the Hand described in deed recorded herewith as did neeor+ded herewith as Barnstable Laird Court Registry Doc.No.1,192,991 W.No.197249=d shaR be binding upon the Owner and all successors in title. Miis Agreement is made for the ben&of tine Miwicipality and the Minicipalityshall 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. Tire I4inic4yilityshall 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 propertydescnbed in deed recorded herewith as deed recorded herewith as Bamstable Land Court Registry Doc.No.1,192,991 Ctf No.197249. DL 'IER, OF AGREEMENT: The terns of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unk or Units may voluntarilyc umel the granted Comprehensive Permit and the teens and restrictions herein Suchcancellation.shall o effect after 1)expiration of the lease terms entered into between,the Owner and Tenant om"ing said unit and 2)notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire w cancel the Give perms upon a date certain and the recording of said notice at the Barnstable Cousty Registry of Duels or Barnstable County Registry of the land Court as the case maybe,thus rendering said Comprehensive Permit void. Upon the camAation,of the comprehensive permit,the property which is the subject natter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covermm shall be tendered void, 3 k 4 i I X SLUC ESSORS.AND ASSIGNS- A Tire Pubes 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 compicheasive Permit- B. The Owner intends,declaim,and onmiants on behalf of itself and its successors and assigns(jr that this Agreement and the covenants,agreements and restrktioas eom used herein shall be and are covenants running with the land,encumbering the Project for the team of this Agn t,and are binding wort the Ownees successors in title,{u)are not metelypersonal covenants of the Owner,and A shall bind the Owner,its successors and assign and inure to the benefit of the Mwicipality and its sucoessors and asses for the temt 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 rotification to the Municipality that the Owner is in violation of the terms and conditions hereof. The MnucVakymayezetase anyremedyavailable to it: The Owner wZ payall costs and expenses,"mcludin legal fees,incurred bythe Monitoring Agent m eoforong this Agreement and the Owner hereby agrees that the Nfimicipaltty and the Monitoring Agent wM have a lie$on the Project to secure payment of such costs and expenses. The 14amtoring Agent may perfect such a hen on the Project bytecording a cerfifimte setting forth the amount of the costs and expense due and owing in the Reg imy of Deus or the Regist ryoff the Dkaict hand Court for Barnstable Gounty: A pumcbaser of the Project or anypoition thereof wR be liable for the payment of anyungaid costs and expenses that were the subject of a perfected lien prior to the purchasees aoguisition of the Project or portion thereof XIL MORTGAGEE GONSEN17: The Owner represents and warrants that it has obtained the consent:of all existing mortgages og fire Project m the execution and recording of this Agreement and to the terms and conditions hereof and that all such mDrtgagees have executed consent to this Agreement. IN WfTMSS WHEREOF,we hereunto set our hands and seals this 90 day of eoc:i- 2013. OWNER BY Printed: tit-re O3MMONWEALTI`YOF Pdd SA{IdLkSE'fI`S "' -{ •••xY:••4® Catmtyof Bamstab ss: On this_ of Amn 2013 before me,the undersigned notarypubht,personally appeared " '4 1+�1 /U '�. the Ownet(s),proved to me through sadsfactory evidence of id which were M A 6r-lye✓ LICMSC Sa3434Mtobe the person(s)whose names)is signed On the preceding or attached docomm and ad=vdedged to be that he/she signed it voluntarily for the stated purposes. • A� CINDY t.DABKOWSVJ Notary Pubttc COMMOMAtINOFMASUCitt 4 My CoemsolaIttrt Ezprres February 29.20ta i MI. MO MAOEE OONSENT: The Owner represents and warrants that it has obtained the comeat of all existing mortgagees of the Project to the execuaoa and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN IMITS ESS WHEREOF,we hereunto-set our hands and seats this aPdayof rt l 2013. OWNER BY: s- OOMMONWEALnf OF MASSA(I-REETTS Oouuxyof Barnstable,ss: On this d6yof�ij 2013 before me,she undersigned nowypublic,personallyappeared A rn U W h � ,the Owner(s),proved to me thmuzh saf sfactory evidence of is care rL Dr 9yt r L to e n 5 G 61, DOS-70PARE the peraon(s)whose narx(s)is sVed on die premdmg or aaached docnava and acknowledged to be drat he/she sad n volunt *fo-the purgoses. Printed L a6Kp WM MyCommissioa Expires: .Z 11fo= a CINDY L.DABKOWSKI NOtarY Public COMMOMWEAUROPIMSPiCHUM My COMM431an ExWlea February 24,201e S 5 c I TOWN OF BARNSTABLE BY: TOVNI GER F "6homas K. LLiVacIn 00NMO ALTH OF MASSACHMTTS Countyof Barnstable,ss: 1 On this dayo 2013 before me,the undersigned norarypublic,penonaUyappeared j hOM4 re Town 11bmger for the o of Barnstable,proved to me through:satisfactory evidence of" whtich wane e-m f ,to be the person whose narne is signed.on the preeedmg or madwd don wn=and a to be drat he/she signed it vo4 mmna yfor the staff purposm Priat�: MyGo �rRiooc 4.�Y BdRM1E POW RM1T,ING VIA . pP�SMEN� IREp FpAL R PE RE(� WSW tow Aft IN • ,. ' .� � o Bp'fF S•,pNAt�R S ., � �. r , . , "_ TTa AA PAGE 01 AGO +(J x ^ r e Aft mile i u. y 41 �1`-0"x 3'-0" r4'«tl"x '-(7" �0"x„3'-0" -- a bN u TO SWITCH DELOW ' N ' ^2-2xh HOPS. HD - 1 M/i111 A IT'!_I� ( ,-.--.,r.-�.�+..I 1�/7p!! �I��11 ✓'"®11 .:.�-.�' �t Town of Barnstable BARNSI'ABLE, . Regulatory Services �b039. ��� Richard V. Scali,Interim Director '0�fo Mo+ Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 October 9, 2013 Kevin and Amy White 11 Shammas Lane Marstons Mills, MA 02648 Re: Amnesty Apartment Dear Mr. and Mrs. White: We have received the recorded 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, Brenda Coyle Division Assistant amnbp I 02/21/2011 07:47 3058729232 AMY WHITE WHITE PAGE 01/01 Kevin R. and Amy White 11 Shammas lane Marstons Mills, MA 0.2648 October 1.0, 2012 064-109 11 Shammas lane Marstons Mills, MA — Kevin R. and Amy White Accessory Affordable Apartment Program —Accessory Apartment — 9-15 Transfer. Finding: On October 10, 2012, the Building Commissioner and Program Coordinator inspected the property addressed 11 Shammas Lane Marstons Mills, MA. Kevin R. and Amy White are applying to the Accessory Affordable Apartment Program-to maintain legal accessory apartment-an independent living unit above the detached garage located to the left of their owner occupied home. The apartment is configured as a one-bedroom unit with a full kitchen, living room, and one bathroom. The dwelling is a Ranch Style home configured with two bedrooms, a kitchen, dining area, living room and two bathrooms. The.total number of bedrooms on the property currently is three. (Two in the main house and one in the accessory apartment) The subject-property is a.1.05-acre lot located at 11 Shammas Lane Marstons Mills,.MA. The lot was developed in.1987, with a 1 Ranch style home. The living area of the dwelling is approximately 1,638 square feet_ Conditions :w! , Building Commissioner determined that: ..,; The homeowner shall update smoke and carbon monoxide detectors to present'cade requirements in the entire building. The homeowner shall change out one window in the lower level (accessory apartment) bedroom; to a casement window that has egress hardware on it. The window must open to a minimum of. 24X20 Mr. White shall submit floor plans (lay-out) of the entire Property (including room;measurements and proposed changes). Approved plans must be followed unless changes are approved in advance and in Wv iting by the building department. The unit must meet all applicable health and building codes to be occupied anditiat Building Division and the Fire Department will be inspecting the unit for compliance withall building and fire codes. At4yo -Ak WW �n��f 9/28/2012 11 SHAMMAS LANE, MARSTONS MILLS NEW HOMEOWNER(KEVIN WHITE) CALLED AT 10:00AM AND STATED THE REALTORS NEVER TOLD HIM ABOUT THE AMNESTY PROGRAM, AND THERE IS A TENANT LIVING FROM THE PREVIOUS OWNER STILL IN THE APARTMENT. KEVIN ALSO STATED HE WAS TO MAKE THIS RIGHT. THIS IS A DETACHED GARAGE WITH THE APARTMENT THAT WAS PREVIOUSLY AN AMNESTY APARTMENT. �s HE STATED HE JUST MOVED HERE PERMANTLY FROM FLORIDA, HE A FEDERAL LAW ENFORCEMENT. HE SAID THE TENANT CAME WITH THE PROPERTY, HE SAID HE IS NO PROBLEM AND WAS WONDERING IF HE WENT WITH AMNESTY COULD THIS TENANT STAY. KEVIN'S CELL PHONE NUMBER IS 508-208-0416. �tHRE rti Town of Barnstable Regulatory Services RUMSPABLE, MASS. - Thomas F. Geiler,Director '0rE011,orA 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 September 19, 2012 Kevin and Amy White 320 West Indies Drive Ramrod Key, Fl 33042 Re: 11 Shammas Lane,`Marstons Mills, MA 02648 Illegal Apartment Dear Mr. and Mrs. White: Our records indicate that you are now the owner of the above-referenced property. Therefore, the former owner's request for an Amnesty Apartment is void. What is the status of this area of your property? You must contact this office by within 14 days (October 9, 2012)to either: • Apply for a building permit to restore the property to a single-family home. • Apply to Zoning Board of Appeals for a variance, or • Apply to the Amnesty Program. • Apply for a family apartment. Please call me at 508-862-4039 to discuss the necessary steps towards compliance with the Town of Barnstable Zoning Ordinance. Failure to comply will result in enforcement action. incerely, Brenda Coyle Building Division sis nt cc: Robin Anderson Zoning Enforcement Officer r Coyle, Brenda From: Dabkowski, Cindy Sent: Tuesday, September 18, 2012 11:18 AM To: Coyle, Brenda Subject: RE: Recorded documents 11 Shammas Lane MM - Bissett The only information I have on Kevin and Amy White is 320 West Indies Dr Ramrod Key; FL I have not made contact with new owners, I do not know their intentions If the Florida address is a primary residence they would not qualify for the AAAP program Cindy - ---Original Message----- From: Coyle, Brenda Sent: Tuesday,September 18, 2012 10:46 AM To: Dabkowski,Cindy; Perry,Tom Cc: Anderson, Robin; Barrows, Debi Subject: RE: Recorded documents 11 Shammas Lane MM-Bissett Hi Cindy, Since this property has a new owner since June 1, 2012; Kevin and Amy White, are they aware that they need to restore to single family or apply to the Amnesty Program. If they are aware are you working with them? Please let me know, as this property is not in compliance the zoning ordinance. Thank you, Brenda Coyle -----Original Message----- From: Dabkowski,Cindy Sent: Tuesday,September 18, 2012 9:12 AM To: Perry,Tom; Dabkowski,Cindy;Coyle, Brenda Subject: Recorded documents 11 Shammas Lane MM-Bissett Hello Please find attached copy of recorded rescind document for 11 Shammas Lane Marstons Mills- Bruce&Joanne Bissett << File: Bissett 11 Shammas resc Record Docs.pdf>> Thank you Cindy Dabkowski Affordable Accessory Apartment Coordinator Growth Management Department 367 Main St Hyannis, MA 02601 508-862-4743 1 I I Coyle, Brenda From: Coyle, Brenda Sent: Thursday, March 01, 2012 9:39 AM To: Dabkowski, Cindy; Anderson, Robin Subject: RE: PROSPECTIVE NEW BUYER Thank you Cindy, I have spoken with Debra Drake, stated she would be closing on the property in May. I am currently working with her. Thank you in advance. Brenda, -----Original Message---- From: Dabkowski,Cindy Sent: Thursday, March 01, 2012 9:23 AM To: Coyle,Brenda;Anderson, Robin Subject: RE: PROSPECTIVE NEW BUYER Good Morning spoke with Deborah re 11 Shammas MM this morning She stated 11 Shammas would be a primary residence for her and her husband She also stated she was interested in a family member to live in the apartment I transferred her back to building Department. Cindy -----Original Message---- From: Coyle, Brenda Sent: Wednesday,February 29,2012 4:03 PM To: Anderson, Robin; Dabkowski,Cindy Subject: RE: PROSPECTIVE NEW BUYER She did not state she was going to live here year round. -----Original Message----- From: Anderson,Robin Sent: Wednesday, February 29,2012 3:17 PM To: Coyle, Brenda; Dabkowski,Cindy Subject: RE: PROSPECTIVE NEW BUYER Is the interested party proposing to live here year round? Robin C. Anderson Zoning Enforcement Officer Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4027 -----Original Message----- From: Coyle,Brenda Sent: Wednesday,February 29,2012 3:14 PM To: Dabkowski,Cindy Cc: Anderson, Robin Subject: PROSPECTIVE NEW BUYER Hi Cindy, I just received a phone call from a woman stating she was interested in purchasing the property at 11 Shammas Lane Marstons Mills. She also, knew the property was in the Amnesty Program, told her she would need to reapply, that the Amnesty Program does not carry over to a new owner. I have referred her to you. Thank you, ` 1 - " Anderson, Robin From: Coyle, Brenda Sent: Wednesday, February 29, 2012 3:14 PM To: Dabkowski, Cindy Cc: Anderson, Robin Subject: PROSPECTIVE NEW BUYER Hi Cindy, dust received a phone call from a woman stating she was interested in purchasing the property at 1�Shamma Da—h-e 7=5 Marstons-Mills-She also, knew the property was in the Amnesty Program, told her she would need to reapply, that the Amnesty Program does not carry over to a new owner. I have referred her to you. Thank you, Brenda Coyle 1 r -= �,r� �' a 6a � , �` ,-• � o�,' r csr ass- 3, .�' ,�; x �'�µ�� a 07 _� � rye' - ..a_,, `���, , �s'' �• ¢ a.a �. 10 ar. ka IF Ft we G z� - �� rr� 0 I� 0 ;�i'. 'mac� 0�`�.'�!q �•,9`� -�,,, a � ��.rr �� � �`"���.,,., w `�"T�; �`��"5 �• '•�. �.°x" `air i "�' ".'.S�s�;.�'rta !�;��+, �"-: r y� � ,��f` 1 s..3- -:,�.� 67+-+.�,may,' C c ��.. .4 `'_!fie' <-: ,•+..s, C. �'\.« Town of Barnstable THn: Regulatory Services °F ram, P. ro Thomas F. Geiler,Director Building Division * BARNSTABLE, MASS. Tom Perry,Building Commissioner °O i63q. �0 °rFbrnaiA 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 F x: 508-790-6230 Approved: Fee: s• — r Permit#: ,,t4/0 0,3-1,pF HOME OCCUPATION REGISTRATION Date: p I 42 C C Name: (v LP Plione #: / �y-IL2,2 • /� Address:11 GffYW I 14 Village: /�°I S L Name of liusiuc s:_ ' LSS� ----- ----------- --- ---- -------- // • "hype of Business: kz //�� Map/Lot: O �9 INTENT: It is the intent of this section to allow the residents of the Toiwn of Barnstable to operite a home occupation eiritlilii single f<iniily clivellings,subject to the provisions of Section A,-1./l of the Gotuiig orclliiatice, prbvicled tliat the acti%rity sliall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no Visual alteration to the premises which would suggest anything other thati it residential use;no increase in traffic above normal residential volunies; and no increase in air or groundwater pollution. After registration mitli the Building Inspector,a.customary home occupation shall be permitted as of right subject to the following Conditions: • `File actIVIty is camed on by the permanent resident of it single Family residential chvelling unit, located witlriii that dwelling unit. • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings, and there is no outside evidence of such use. • No traffic eirill be generated in excess of normal residential volunies. • The use does not.involve the production of offensive noise, suloke,dust or other particular matter, odors,electrical disturbance,heat,glare, huniidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials, in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot colltaiuiug the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of"materials or equipment. • There are no commercial vellicles related to[lie Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity, and one trailer not to exceed 20 feet in leii,li and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • Nos ign shall be displayed indicating the Customary Home Occupation. • If the CLISC°nlary Home Occupation is listed or advertised its a business,the street address shall not be included. • No person shall be employed in the Customary Home Occ•upatiou w110 is'not it penllaucut resident of,(lie chvelling unit. I, the undersi ned, have read and agree frith the above restrictions (or my•honne accupatiotl I iiiii reglsterillg•. X-ADate:pplican(:_� a. YOU WISH TO OPEN A BUSINESS? For Your Information: Business Certificates cost $30.00 for 4 years. A Business Certificate ONLY REGISTERS YOUR NAME in the Town (WHICH YOU MUST DO BY M.G.L. - it does not give you permission to operate). You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk.'s Office, V Fl., 367 Main St., Hyannis, MA 02601(Town Hall) and get the Business Certificate that is required by law. Fill in please: DATE: _.5 0 APPLICANT'S YOUR NAME: , c,' �rt � JSt BUSINESS YOUR HOME ADDRESS. I/S4c,ly�m 77Y 7.2:z -54iy2- TELEPHONE # Home Telephone Number. NAME OF NEW BUSINESS 77— M01)F4 , TYPE OF BUSINESS „ „/e%„y IS THIS A HOME OCCUPATION? YES NOS Have you been given approval from the building division? YES NO = ADDRESS OF BUSINESS f klvi KZ MAP/PARCEL NUMBER Q (Q 6/ 0 When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. — (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COM'!1ha SIO ER'S OFFICE MUST COMPLY WITH HOME OCCUPATION This individu e ir�for e an RULES AND REGULATIONS. FAILURE TO per it requirements that pertain to this type of business. COMPLY MAY RESULT IN FINES. Aut oriz Si n0orat COMMENTS: , ume ot—I Q, �Z P 2. BOARD OF HEALTH This.individual has be formed of t : p rmit re ements that pertain to this type of business. Authorized Signature MUST COMPLY WITH ALL COMMENTS: HAZARDOUS MATERIALS REGULATIONS 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual ha infor of the Licensing requirements that pertain to this type of business. Authorized Signature** COMMENTS: r ry�s PrpmTT' -D?. IT nrr'ATnT- " GhiE: 30 ,TIME: 0:35110 ------ - ---------TOTALS- PERMIT $ PAID - ---- AMT TENDERED: 35.00 CHANGEPLIED: 35.00 PPLICATION NUMBER 00 AYMENT REF:' HECK 8B1 CHECK 1041 YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost$30.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.- it does not give you permission to operate.) Business Certificates are available at the Town Clerk's Office, 1" FL., 367 Main Street, Hyannis, MA 02601 (Town Hall) F DATE.�'�I � ae $ � Fill in please: APPLICANT'S YOUR NAME S:� 1 tS + a / iaze ' YYy BUSINES//WSJ` YOUR HOME ADDRESS: 1Ik h$ � 4 V `��I VIA TELEPHONE # Home Telephone Number V20 2489 NAME OF.CORPORATION: NAME.OF:NEW.'BUSINESS G f, TYPE OF BUSLNESS c? his IS THIS A HOME.00CUPATION? YES 11� NO :ADDRESS O.F BUSINESS: 5 " otr�rr,z-� G, �� /� 4 � MAP/PARCEL NUMBERAi, `( / (Assessing) When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COM ISSIO ER'S O ICE This individu I h en info d a y p rmit requirements'that pertain to this type of businUU.ST COMPLY WITH HOME OCCUPATION RULES AND REGULATIONS. FAILURE TO Authiarized g e** COMPLY MAY RESULT IN FINES. O MENTS: o 2. BOARD OF HEALTH This individual has-berme ed of the p � ents that pertain to this type of business. MUST COMPLY WITH ALL Authorized Signature** WAWA MATERIALS REGULATIONS COMMENTS: 3. CONSUMER AFFAIRS LICENSING AUTHORI This individual haA a "en info -d-of the lic n rre��uithat pertain to this type of business. Authorized Signature** COMMENTS: v Town of Barnstable Regulatory Services rO''�t• Thomas F.Geiler,Director o,• Building Division IARNSTABLFs y HAIR& �* Tom Perry,Building Commissioner 053. * ♦0 D 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 0 Approve Fee: Permit#: ,QUO v HOME OCCUPATION REGISTRATION Date: U Name: Phone#: <A Address: S�gi\, i�A_t� v 4— �s Name of Business: Type of Business: ' (Q�7�����\ ��'�`\ Map/Lot: INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4.1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling there shall be no increase in noise or odor;no visual alteration to the above normal residential volumes; remises which would suggest an other than a residential use;no increase in traffic ov al , p � anything and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carved on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit. • Such use occupies no more than 400 square feet of space; • There are no external alterations to the dwelling which are not customary in residential buildings, and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. •. The use does pot involve the production of offensive noise,vibration,smoke,dust or other particular matter, odors,electrical disturbance,heat,glare,humidity or other objectionable effects, • There is no-storage-or use of toxic or-hazardou$materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for.parking generated by such use shall be mei.on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior.storage or display of materials or equipment. • There is no commercial vehicles related to the Customary Home Occupation, other than one van or one pick=up-guelc.not-to exceed•one tort:capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. . I,the undersigned,have read d agree with the above restrictions for my home occupation I am registering. ------------------------ Applicant' Date TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARCEL ID 064 109 GEOBASE ID 39259 ADDRESS 11 SHAMMAS LANE PHONE MARSTONS MILLS ZIP LOT 18 BLOCK LOT SIZE _ DBA DEVELOPMENT DISTRICT CO PERMIT 80743 DESCRIPTION -AMNESTY APT. PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department of ARCHITECTS: Regulatory Services TOTAL FEES: $25.00 BOND $.00 CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE A. MAS& * 039. Fp��A BUILDI D IS ON , BY DATE ISSUED 11/19/2004 EXPIRATION DATE TOWN OF BARNSTABLE' _ �►-- ^ BUILDING PERMIT ti PARCEL ID 064 109 GEOBASE ID 39259 . ADDRESS 11 SHAMMAS LANE PHONE MARSTONS MILLS ZIP — i LOT 18 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CO pEg�IT ??gg�� , PERMIT TYPE HREM& JffHIPTION REffDENTH249/6$NOPPARTMENT ABOVE GARAGE I CONTRACTORS: PROPERTY OWNER DepartmentOf ARCHITECTS: Regulatory Services TOTAL FEES: $230.09 i BOND $.00 CONSTRUCTION COSTS $36,608.00 434 RESID ADD/ALT/CONV 1 PRIVATE 0. I BMWSTABLE, ► i Mass' 1639. MA � 'I I BUILDIlNG DivAlsi N Y DATE ISSUED 09/07/2004 EXPIRATION DATE I TOWN OF BARNSTABLE f "� BUILDING PERMIT PARCEL ID 064 100 GEOBASE ID 39259 ADDRESS 11 SHAMMAS LANE PHONE MARSTONS MILLS ZIP — LOT 18 — BLOCK LOT SIZE DBA ,�„ DEVELOPMENT DISTRICT CO pEgI 77gg �� �j gIPTION � S RA EE pp �PPARTMENT ABOVE GARAGE PERMIT TYPE _SRkMD T EON� I CONTRACTORS: PROPERTY OWNER Department,of ARCHITECTS: � e Regulatory Services � TOTAL FEES: $230.09 BOND $.00 1 � - CONSTRUCTION COSTS $36,608.00 434 RESID ADD/ALT/CONV 1 PRIVATE +► * BARNSTABLE, * � t BUILDING D V S' BY1� �'/ DATE .ISSUED 09/07/2004 EXPIRATION DATE t s< . THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS PERMIT DOES NOT RELEASE THE A'PLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPEC-IONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND M FOR (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. CH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. m ; i o w BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS { Nov- 5.y C,y 3 �PAI 10 1 UEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT / ./fA / 2 WOARD OF HEALTH lx�A�e OTHER: &6-M41 A� � SITE PLAN REVIEW APPROVAL /b Persons contracting with unregistered contractors do not have access to the guaranty fund (as set forth in MGL c.142A) WORK SHALL NOT PROCEED,UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. I A A I I I I A ' I ' � I I 4' VI I at I _ I • I I Barry, Lois To: Dillen, Elizabeth Subject: RE: 11 Shammas Lane, Marstons Mills Beth, I don't have a copy of the approval notice on 11 Shammas. Please send it to me by interoffice mail--so many people use our fax machine that things sometimes disappear. -----Original Message----- From: Dillen, Elizabeth Sent: Monday, November 08,2004 3:16 PM To: Barry, Lois Subject: RE: 11 Shammas Lane, Marstons Mills I Ii Lois I spoke with Bruce today; he said he has final sign offs on everything but the Ilealth Dept, and will be contacting them tomorrow. We did a final inspection of that unit on Oct 28, 2004 - I can fax over a copy of the inspection approval notice if you don't have it. It's a very nice apartment! Also, I sent over copies of the recorded documents from the 9/22/04 hearing via interoffice mail today. There are two deed restrictions and 4 expired permits. Please let me know if you have any questions. -----Original Message----- From: Barry, Lois Sent: Monday, November 08, 2004 2:32 PM To: Dillen, Elizabeth Subject: 11 Shammas Lane, Marstons Mills Hi Beth, Linda Edson asked me about this property today and I believe she was going to discuss it with you. I've just spoken with our inspector, Bill Kelly, who informed Mr. Bissett in September that he needs to pull a wiring permit for the apartment, pull a permit to move smoke detectors, cut back the shed roof rear to allow proper venting of the heating unit, and get final sign offs on Building Permit 79101 from Wiring, Plumbing, Gas, Health, Fire and Building before we can issue a Certificate of Occupancy. We have not heard from him on these items. I 1 I DIME Tp�� y.� o� The: Town of Barnstable Office of Community and Economic Development 9°o 1639n. �'� 230 South Street �fd MP'I A Hyannis, MA 02601 Office: 508-862-4678 Kevin Shea Fax: 508-790-6288 Director ACCESSORY AFFORDABLE HOUSING PROGRAM TO: Tom Perry,Building Commissioner cc: Kevin J.Shea Lois Barry,Building Division FROM Robert Shea, BHA Housing Inspector DATE: S Map/Parcel RE: Inspection at: ' I have conducted a State Housing Inspection of asingle-family/multi-family dwelling owned by: �ull .f f�� _ Phone: 9f k0l,11-11? address: Single-Famil OR ulti-Family Units: Unit Capacity: ME � � # Bedrooms: Unit Capacity: # Bedrooms: Unit Capacity. # Bedrooms: Unit Capacity: # Bedrooms: It was found to be in compliance with the State Sanitary Code. Would you please arrange to have the Building Department do it's final inspection of the property in order to grant the Certificate of Compliance for the unit(s). INS CIE. DATE 10 i i-1 U-( TIME t-C 3 a BY APPROVED. REJECTED: (The following items need correcting): et ot Olt, DATE SIGNATURE Q:.Co mmDev/PT/Monitor/Apprvl.doc i t` ox--. 1 r 201 a 491 9-17-2012 1 :56 � RNSTAgV ' �4NV R--OURT REGISTRY =BtAti•Y[A®fZ=i AUG -8 P1 :14 Town of) arn,stab le Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2004-55--Bissett Decision-Chapter 40>B Corrrprehensive Permit Summary: Comprehensive Permit No.2004-55 Bissett is rescinded Applicant: Bruce and Joanne Bissett Property Address: 11 Shanimas Lane Marstons Mills,MA Assessor's Map/Parcel: Map 064,Parcel 1090 - Zoning: Residential F Zoning District Recording Information s Deed Reference: Document No. 469080-1 Certifcate No. 11,5577 Permit Reference: Document No. 974,722 July 23, 2004 -� Background: Comprehensive Permit No: 2004-55 was issued July 1'6, 2004 to Bruce and Joanne Bissett. The permit was issued under the Accessory Affordable Apartment Program pursuant to Chapter 9, Article lI of the Code of the Town of Barnstable. The.permit was issued to create a one bedroom apartment located above the detached garage. The permit and the Regulatory Agreement and Declaration of Restrictive Covenants were recorded at the Barnstable Land Court Registry on July 23,2004 in Document No. 974,722. On May 14,2012 correspondence was received from Mr. Bruce Bissett requesting to rescind comprehensive permit no. 2004-55. On.May 14,2012 the program coordinator sent written correspondence to Bruce and Joanne Bissett explaining the Accessory Affordable Apartment Program rescind process and requested the submission'of fees and postage associated with holding a'public hearing. The program Coordinator then took steps to hold a public hearing. Procedural Summary: A public hearing for comprehensive permit no.2004-55 was duly advertised in the.Barnstable . Patriot on June 1, 2012 and June 8; 2012, and notices were sent to all abutters in accordance with MOL Chapter 40B. On June 27,2012 Hearing Officer Laura F. Shufelt opened the public hearing. The applicants, . Bruce and Joanne Bissett, were not present at the hearing. Cindy Dabkowski, Program Coordinator was present. Ms. Shufelt reviewed the file and ruled to rescind comprehensive permit No. 2064-55. Town of Barnstable,7.onir_g Board of Appeals Decision and Noticc,Conurchmsive Permit No.2004.55 Bissett Findings of Fact-on the Comprehensive Permit: At the hearing on June 27,2012 the Hearing Officer made the following findings of fact: • On May 14, 2012 Bruce Bissett sent request via email to rescind comprehensive permit no. 2004-55 Bissett © Mr. Bissets stated"Effective immediately,we'wish to rescind the comprehensive permit and deed restriction that is on our property located at 11 Shammas Lane,Marstons Mills because we arc moving(closing 5/31/12)". © On May 14;2012,the program coordinator sent written correspondence to Bruce and Joanne Bissett explaining the Accessory Affordable Apartment Program Coordinators process to hold a public hearing, and requested she submit to the office fees and postage associated with holding a public hearing. o At the hearing on.Junc 27, 2012,the Hearing Officer determined that the comprehensive permit issued to Bruce and.Joanne Bissett for the property located at 11 Shammas Lane Marstons Mills,MA is rescinded. m Said proper-y shall revert to the use currently permitted under zoning. Finding Summary: Based upon the findings, the Hearing Officer ruled to rescind comprehensive pernut no. 2004-55 Bissett Comprehensive Permit 2004-55 has been rescinded A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code Part I1, Section 4.02 arid Part III, Section 3.72. 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 3ecision, 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 decision has been filed in the office of the Town Clerk, f Signed and sealed thi: day of ( la under the pains and penalties of perjury. ,.,.• ,.•... Linda Hutchenrider,Town Clerk - �+ Z SENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si aWn item 4 if Restricted Delivery is desired. -" ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. ceived by(Printed Name) C. ate of eliv`ery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery,address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 3. Service Type �,� ❑Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise C -7 �� ❑ Insured Mail [IC.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 Q 02 0 5;10. . 000 3 5436 1764 (transfer from service label)t E i ti i� PS Form 3811,August 2001 /Domestic Return Receipt 102595-02-M-1540 1 1 UNITED.STATES POSTAL SERVIC p• ass Mail ee el lP id • usp Sender: Please pn yay�q , address, and ZIP+4 in this box • s TOW` Off' BARNSTE ► BUILD,.NG DIVISION, 20i M,\IN ST. HYANMS' NiA 02601 •�aC�•i '!! i t 3 i t 1 3 ! 14 i i ! _ '. I Town of Barnstable Regulatory Services BARNSI'ABM 9 MASS. Thomas F. Geiler,Director �A i639. ♦0 Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 August 26, 2003 Mr. &Mrs. Bruce Bissett 11 Shammas Lane Marstons Mills,MA 02648 Re: 11 Shammas Lane,Marstons Mills Map 064/Parcel 109 Dear Mr: &Mrs. Bissett: We have been informed that your property is no longer being considered for the Amnesty Program; therefore, the property must be restored to single-family use. Please call Lois Barry,Division Assistant, 508 862-4039 to discuss the necessary steps towards compliance with the Town of Barnstable Zoning Ordinance. Sincerely, (2 Tom Perry Building Commissioner CERTIFIED MAIL 7002 0510 0003 5436 1764 J030826A The Town of Barnstable Department of Health Safety and Environment 'Environmental Services ►��'' Building Division 367 Main Street,Hyannis,MA 02601 08.8624038 08.790.6130 . PLAhT REVIEW owner: e4 ��'�H� 8%SSeTT� Map/Parcel:_ /�'�' JO 47 'rojectAddress: l� ✓�/�f'��✓�.S Li9NL° Builder: 1"0 e O'al'xWlez The following items were noted on reviewing: 19 S S' 'Gh�� (l� :SiyOi�C D i:1. R C Qy)'R e f eRIV., '7- '�2) 52 vo D Roo t R e�9 R 7-a $e evT 9,,*c 110, l ti�9L "Gr Al 0 Lee 7-P 1-4Z Ld� .a/� f"'ft/ lfef ei7-2Z 7916f T i2�/�0l/�7iad✓; Reviewed by i Message Page 1 of 1 Barry, Lois From: Barry, Lois Sent: Tuesday, August 24, 2004 12:46 PM To: Barry, Lois Subject: FW: Amnesty -----Original Message----- From: Girouard, Kathleen Sent: Tuesday, August 24, 2004 12:11 PM To: Barry, Lois Subject: RE: Amnesty Hi Lois, I just got in touch w/Bob-his phone was out yesterday &just had it fixed. RE 1-1 Shammas-I spoke to Bruce Bissette-he said fine but it will have to wait til he returns from vacation in about a week& 1/2. Bob said he was just out there-but didn't know he never pulled the permit. RE Childs & 546 Osterville-W. Barn. Bob is picking ups/ file today &will get out there for final inspection. Any ?'s please feel free to contact me. Thanks for keeping us on track & in the loop! Kathleen -----Original Message----- From: Barry, Lois Sent: Tuesday, August 24, 2004 10:38 AM To: Girouard, Kathleen Subject: RE: Amnesty Kathleen, For several days I have been trying to reach Bob Shea about two prospective Amnesty properties, 11 Shammas Lane and 546 Osterville-W. Barnstable Road. The number I have is 508*413 2025. Do you know if that is the correct number or how I can reach him? Lois 10/4/2004 f The Town of Barnstable MASL Department of Health Safety and Environmental Services " Building Division ,tOµPy► • 367 Main Street,Hyannis,MA 02601 508.8624038 508.790-6230 PLAN REVIEW Owner: 9^P*I/Ce at JOOA C Fl$Se7-T Map/parcel: Project Address: -�� .���� /�S Lf9AIC- Builder:—� e The following items were noted on reviewing: /9 S 5�/ Gh`j �2) 5'/f 19 D 11v0 f R e19 A �o 8 e cvT RAIc r! ��iyT►'�✓G.. O�' f�! �.�T Div,'T �A�v�C ."ati arf ZCe-7k c4L -- � rs �i4S' ri R L� y1 �/) - mew iOeR,,!,7-DV 79Af �T .��t/od�T.ad✓, . Reviewed by: Fae €dt v_lew Lnsert Forma rds t..Reco Toob -; i? TvFp a que<Gcar rv'p �. .,. r n ' ( 'y. =! t7 � 'fit .G��lq.7 1 ,IP[- n 13 / u 9121im fan ; Amnesty Apartments �Ob]acts Tables Last Name fgISSETT First Name BRUCE L JOANNE ' 4� • 2nd Owner 2nd Owner 1 Q�les � LastName First Name €j Forms it Map Parcel jqSi4109 .Reports ,1 d! ' Property No 11 Properly Street JSHAMMAS LANE 19 Pages AlVillage MARSTONS MILLS State JU Zip 02648 ( Macros 6 Status Rescinded/Revoked t•. Action Required !tT_for .7 Nodules W Assessors Use Group MuA Hses one Patcel tom:: l Groups `` Como Per Issued B/25/2004) Recorded Date 7R3/2004� �' — —7 — � w Favontas 791011 Permit Issued: 9/7/2004_', � . � Application p I I C of(Total F-1��� _Program Total l-�' p j Desniplon 1BEDROOM,2PEOPLE,EXISTING,ABOVE DETACHED GARAGE iCed of Occupancy Issued. _71/19/2004 Carl of Compliance Issued ..11/23/2004� dN Notes 21291M2 PROSPECTIVE NEW OWNER CALLED REGARDING THE AMNESTY PROGRAM SHE WAS REFERRED TO CINDY DABKOWSKI.PROPERTY FOR SALE.ALSO AT THIS TIME I EMAILED CINDY � � } D CC ROBIN ANDERSON 311/12 Debra Drake is the purchasing the above referenced property, ire s is closing May 1 st.On the property.Her phone number is774436 7101 7/23,12012 New Homeowners are Kevin and Amy White 9/17/2012 Rescinded Comprehensive Pelmet 2004 55 BissetL 9/298/2G12 Kevin White called[newhomeowner[he stated he would be going into the Amnesty Program he is contacting Cindy to-day., .. ._ sl ��° -r Record ,r7 4 341i Ft Fi aP 252 —�—�—� v _ m . I I Message Page 1 of 1 Barry, Lois From: Girouard, Kathleen Sent: Tuesday, August 24, 2004 12:11 PM To: Barry, Lois Subject: RE: Amnesty Hi Lois, I just got in touch w/Bob-his phone was out yesterday&just had it fixed. RE 11 Shammas-I spoke to Bruce :Bissette-he said fine but it will have to wait til he returns from vacation in about a week& 1/2. Bob said he was just out there-but didn't know he never pulled the permit: RE Childs & 546 Osterville-W. Barn. Bob is picking up file today &will get out there for final inspection. Any 7s please feel free to contact me. Thanks for keeping us on track & in the loop! Kathleen -----Original Message----- From: Barry, Lois Sent: Tuesday, August 24, 2004 10:38 AM To: Girouard, Kathleen Subject: RE: Amnesty Kathleen, For several days I have been trying to reach Bob Shea about two prospective Amnesty properties, 11 Shammas Lane and 546 Osterville-W. Barnstable Road. The number I have is 508 413 2025. Do you know if that is the correct number or how I can reach him? Lois 8/24/2004 f i Whelan, Angela_ From: Schlegel, Frank__._ Sent: Thursday, August 12, 2004 11:26 AM To: Whelan, Angela Subject: Road Open permit request for gas to Map 064 Parcel 109, AKA 11 Shammas Lane, M.Mills Hi Angela. The gas company is trying to apply for a permit to remove a gas limiter to this property from Race Lane. This is the same property that was trying to get the permit to hook gas to the garage apartment. The removal of the limiter would facilitate enough gas to the site and the owner is attempting to make a connection to the garage again according to the gas company! I will not process this application till I hear from you. I spoke to the gas company and they said they don't pull the permit to make the connection to the building, it is done by the plumber, so this might be an owners attempt to connect the garage without proper permits on private property. Please advise. t 5 P oFtINGE Tay. Town of Barnstable Regulatory Services BAMSTAB14 Thomas F.Geiler,Director MAQQ �b1639. ,�� Building Division �0tf0�.l A Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION ' Please Print DATE:_ JOB LOCATION: 1 I S 3'1 CLM DI-A..s' LrA4t ffi J n d/j I' ,4 G A y; number street �j—� village �1 «HOMEOWNER": IJYGI C C�F 5ro�n o 1 f? 23��'S`� ) V f Q if �+ name home phone# work phone# CURRENT MAILING ADDRESS: .Solo L city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of HsAneowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt Amnesty Program..- Helping to Make Affordab a Housing Pos ibh Town ofBarnstdble . Certificate of C .0m dance This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code . and Town of Barnstable zoning ordinances in accordance with the Amnesty Program. Locationi 11.Shammas Lane, MV Tstons Mills MA Unit Capacity One Be oom t Io exceed two eo le Inspector /P N 06 ^ o 11'/23/2004 : : t. r - .JUL Town of Barnstable Zoning Board of.Appeals M Comprehensive Permit Decision and Notice Appeal 2004—55- Bissett Applicants: Bruce and Joanne Bissett C Property Address: 11 Shammas Lane,Marston Mills,MA Assessor's Map/Parcel: Map 064 Parcel 109 Zoning: Residential F Zoning District C7, Groundwater Overlay: WP Wellhead Protection Overlay District ' Applicant: The applicants are Bruce and Joanne Bissett,who reside at 11 Shammas Lane,Marston Mills., Relief Requested: The applicants have applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B—S 20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre-existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonly termed the "Accessory Affordable Housing Program." They want to create an accessory apartment unit to a single-family dwelling in accordance with all the conditions of this permit. The issuance of this Comprehensive Permit would allow for an owner-occupied single-family residence with an accessory affordable apartment within the single-family dwelling: Locus and Background: The property is a 1.05 acre lot that is developed with a 3-bedroom,2-bathroom,4,267 square feet,Ranch Style family dwelling with a pre-existing detached garage that sits approximately 100 feet to the left and in front of the single-family house. The applicants have owned the propertyfor sixteen years. The applicants heard about the Accessory Affordable Housing Program through local media and has decided to create an accessory affordable apartment. The proposed accessoryunit is to be created within the existing foot print,above the detached garage. It will be a one- bedroom unit at approximately500 square feet. The locus is in a Residential F,in WP-Wellhead Protection Overlay District. The applicants attempted to get a Comprehensive Permit approval on the property,but were denied by the Hearing Officer at a hearing on August 20,2003. The Hearing Officer's decision to deny the appeal(which was ratified by the entire Zoning Board of Appeals) was for the following reasons: The Hearing Officer cited a^etter addressed to the applicants from the Building Commissioner,Tom Perry dated June 2, 2003 including the following concerns: a In spite of obtaining bud&ng permits, the applicants did not fellow plans am&ng to the application pwn ptirg a "Stop Work Order"issuanx by the Co»n i5sioner onManh 26, 2003; b. The applicants drd not followprogram promr6 ms as per the Tbreshald Criteria of the A nmty Ordinance,Sarim 3:0: A nsty Program,paragraph 3.1: "Threshold Criteria:" "Real property m=iniT a dwEing unit or dzznllirrg units for wa i&there doff not exist a wlidly issued wnarnr,spacial pemnt or baring perm dcrs not q=1 fy as a lazefirl,non-w fmn%ng use or structure,for any or all the units,and ubidh um in existence w a lot 91nccvd zuthin the Tozen as of January 1, 2000;"or i r "Real property abtaining a dzedling unit or dveell T units that v m in ex iste=as of Ja7wry 1, 2000 and ubidb bz been ated by the Building Department as bezT in vial Lion Gf the zorang oniinar " A aor&T to the conrm, ian?; "this stmmtwv Zeus not in exis m as of that date sirue no per imrig zurs issued l�fore Septerre'x� 12, 2000. A nmty dces haze prom ions for awting an 4ord&uni4 howwr,a Comprehensive Penrut mast be abtai�first; fdlozwd by a bcrilding permit to allow the commtt m" "This v z not dore"veithin this application For these reasons the Building Commissioner initially found that this was not a good case for the Amnesty program. The Commissioner ordered that"the building be reverted back to what was originallypermitted." The applicants have complied with that order,have rectified the concerns of the Building Commissioner,and are now readyto properly move forward in obtaining a Comprehensive Permit in order to participate in the Accessory Affordable Housing m Progra Procedural Summary: This application for a Comprehensive Permit was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notice was sent to all abutters in accordance with MGL Chapter 40A_ The hearing was opened on June 9,2004, at which time the Hearing Officer,Gail Nightingale,granted the Comprehensive Permit. Also present was Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator. Findings as to Standing and The Comprehensive Permit: At the June 9,2004 hearing,the Hearing Officer made the following findings of fact: 1. The applicants are Bruce and Joanne Bissett with an address of 11 Shammas Lane,Marstons Mills, MA. Mr.and Mrs.Bissett have owned the property since September 13, 1988 as documented and recorded at the Registry of Deeds in Book 946,page 17. They are requesting a Comprehensive Permit to create an affordable rental apartment to be accessoryto the single-family owner-occupied residential dwelling. The applicants have submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting their ownership of the property. In addition,they have submitted a certified plot plan dated May 14,2003. 2. The applicants were issued a Project Eligibility(site approval) letter dated March30,2004 from Kevin Shea,Director,Office of Community&Economic Development, qualifying the application for the Accessory Affordable Housing Program. The source of the subsidyis the federal CommunkyDevelopment Block Grant(®BG)program 3. The proposed rental unit will be approximately 500 square feet,and will have one bedroom It will be located above the pre-existing detached garage which sits about 100 feet in front of the main house. 4. According to the Assessor's record,there is a total of 3 bedrooms on the propertyin the main house. The site is in the WP-Wellhead Protection Overlay District. The Public Health Division has verified that the proposed property meets the conditions of the State's Title V Environmental Code. Also,Public Health has approved an additional one-bedroom unit to be created at the property on the condition that the applicants make a five foot cased opening(no doors)to eliminate the privacy of a"bedroom" in the main house in the room that they use for a home office. This approval is as per the"Housing Amnesty/Public Health"Form dated February 3,2003. 5. The town of Barnstable completed an inspection of the property on September 20,2002. It was noted that the unit was under construction. The applicants are aware_that a final inspection by the Building Division will be required and that the Building Division also has to perform all necessary inspections to assure that the unit meets applicable minimum state and local code requirements before they are issued an Amnesty Certificate of Participation. 2 i 6. On January28,2004 the applicants signed an Accessory Affordable Housing (Amnesty) Program Affidavit agreeing to comply-with the program's requirements;including owner occupancy of the principal dwelling unit and further agreeing to complywith the provisions set forth in Article LXV(65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement&Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicant as a"limited dividend organization" as that term is used under M.G.L.c.40B SS 20-23. 7. Under Chapter 3,Article LXV(65) of the Town Ordinances,the affordable unit must be rented at an affordable rent to a person or familywhose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(VISA). 8. According to the Massachusetts Department of Housing and Community Development,as of September 4, 2003,5.11% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minim,,,,,under M.G.L.c.40B SS 20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 9. Based upon the findings,the project is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings,the applicants,Bruce and Joanne Bissett,are granted a Comprehensive Permit to permit the conversion of an accessory apartment of 500 square feet within a single-family owner-occupied residential dwelling, subject to the following conditions: 1. The property owners shall occupy the principal dwelling as their year-round residence. 2. Occupancy of the affordable unit shall not exceed two people:, 3. This unit shall not be occupied by family member of the property owners. 4. To meet the requirements of affordability,the applicants must rent the unit to a person or familywhose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(NEA),adjusted by household size. The monthly rent payable by household inclusive of utilities shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted byhousehold size. In the event that utilities are separately metered,the utility allowance established bythe town of Barnstable shall be deducted from rent level so calculated. 5. All leases shall have a minimum term of one year. 6. The property owners must,obtain a building permit for the accessory affordable unit whether the unit is new or pre-existing. Before the issuance of an occupancy permit and Certificate of Compliance for the unit,the Building Commissioner must determine that the unit conforms with the approved plans as submitted to the file (as initialed by the ZBA Hearing Officer and submitted with the building permit application) and meets state building;fire and sanitary codes. The unit must also comply with applicable state on-site wastewater discharge requirements. 6a. Because the property is in the Wellhead Protection Overlay District and is in a neighborhood restricted to no more than three (3) bedrooms,the unit shall be open for inspections by the Department of Public Health to insure that no more than three bedrooms exist on the entire property. 3 I w 7. The applicants may select their own tenant(s) provided the tenant(s) meet all requirements of the program and provided that person(s) income is reviewed and approved bythe Office of Community&Economic Development of the town of Barnstable as a qualified individual. The applicants will be required to work with the town to provide information necessaryto document that the tenant(s) qualify. To insure that the unit is rented in an open and fair basis to an income eligible individual or family,the unit must be listed with the town whenever a vacancy occurs. Also,the applicants must notify the Office of Community& Economic Development of a vacancy whenever it occurs. 8. Every twelve months the applicants shall review the income eligibility of those individuals occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit the applicants shall file with the Office of Community&Economic Development of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant(s) of the unit. The applicants shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 9. The Accessory Affordable Unit shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 10. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property Is transferred,the town of.Barnstable shall be notified within 60 days the name and address of the new owner. 11. All parking for the dwelling and accessory unit shall be accommodated on site,and no lodging shall be permitted on site for the duration of this Comprehensive Permit. 12. This Comprehensive Pemut must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part II, Section 4.02 and Part III,Section 3.72 of the Town of Barnstable Administrative Code,the hearing officer transmitted her written decision to the Zoning Board of Appeals on June 9,2004 and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2004-55 has been granted with conditions. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Cliapter 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. Gail ightingale, aring cer Date Signed J%& I,Lin a Hutche ' er, Clerk of the Town of Bamstab10BWq%t.. unty,Massachusetts,hereby certify that twenty(20) days have elapsed since the Zoning Bcdf eatses decision and that no appeal of the decision has been filed in the office o.. e Tov-,�-n per Signed and sealed this G y f the puns and pen�ues of perjury. f/ ; RIPENS L • �.. ',Li�Hu9iibfrider,`;g@yi Clerk .� BARNSTABe. �. 59, Eh u fo"u+" Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2003-14 - Bissett, Summary DENIED Applicant: Bruce Bissett Property Address: 11 Shammas Lane,Marstons Mills,MA Assessor's Map/Parcel: Map 064 Parcel 109 Zoning: Residential F Zoning District Groundwater Overlay: WP Wellhead Protection Overlay District Applicant: The applicant is Bruce Bissett,who resides at 11 Shammas Lane,Marstons Mills,MA. Relief Requested: The applicant has applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts, Chapter 40B — S 20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,Pre-existing&Unperutted Dwellings,more commonly termed the "Accessory Affordable Housing Program." He wants to create an accessory apartment unit to a single- family owner-occupied residential dwelling in accordance with all the conditions of this permit. The issuance of this Comprehensive Permit would allow for an owner-occupied single-family residence with an accessory affordable apartment detached from the single-family dwelling. Locus and Background: The property is a 1.05 acre lot that is developed with a 3-bedroom,2-bathroom,4,267 square foot,Ranch Style family dwelling with a pre-existing detached garage that sits approximately 100 feet to the left and in front of and the single-family house. The applicant has owned the property for fourteen years. The applicant heard about the Accessory Affordable Housing Program through local media and has decided to create an accessory affordable apartment. The proposed accessory unit is to be created within the existing foot print of the detached garage. It will be a one-bedroom unit at approximately 500 square feet. The locus is in a Residential F,in WP Wellhead Protection Overlay District. Procedural Summary: This application for a Comprehensive Permit was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notice was sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on March 19,2003,and continued to April 24,2003 and continued again to June 4,2003, and again to August 20 2003 at which time the Comprehensive Permit was denied. Public Testimony: Hearing Officer,Gail Nightingale,presided over the public hearing. Also present was Paulette Theresa- McAuliffe,Accessory Affordable Housing Program Coordinator. Qpl2osition: Susan Lanahan of 49 Shammas Lane expressed concern over the number of bedrooms to be included in the application as the I houses in the area are all restricted to three (3) bedrooms due to the neighborhood's location in a Wellhead Protection Overlay District affecting the amount of wastewater discharge allowed. Findings as to Standing and The Comprehensive Permit: At the August 20,2003 hearing,the Hearing Officer made the following findings of fact: 1. The applicant is Bruce Bissett with an address of 11 Shammas Lane,Marstons Mills,MA. He has owned the property since September 13, 1988 as documented and recorded at the Registry of Deeds in Book 946,page 17. He is requesting a Comprehensive Permit to create an affordable rental apartment to be accessory to the single-family owner-occupied residential dwelling. The applicant has submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting his ownership of the property. In addition,he has submitted a certified plot plan dated July 2, 1987. 2. The applicant was issued a Project Eligibility(site approval) letter dated February 14,2003 from Kevin Shea,Director,Office of Community&Economic Development,qualifying the application for the Accessory Affordable Housing Program. The source of the subsidy is the federal Community Development Block Grant (CDBG) program. 3. The proposed rental unit would be approximately 500 square feet,and would have one bedroom It would be located in the pre-existing detached garage which sits about 100 feet in front of the main house. 4. According to the Assessor's record,there is a total of 3 bedrooms on the propertyin the main house. The site is in the WP Wellhead Protection Overlay District. The Public Health Division has verified that the proposed property meets the conditions of the State's Title V Environmental Code. Also,Public Health has approved an additional one-bedroom unit to be created at the property on the condition that the applicant makes a five foot cased opening (no doors) to eliminate the privacy of a"bedroom" in the main house in the room that he uses for a home office. This approval is as per the "Housing Amnesty/Public Health" Form dated February 3,2003. 5. The Barnstable Housing Authority completed an inspection of the property on September 20,2002. The applicant is aware that final building plans must be submitted and approved by the Building Commissioner prior to any issuance of a building permit and that the Building Division has to perform all necessary inspections to assure that the unit conforms with the approved plans and meets applicable minimum state and local code requirements. Building Commissioner,Tom Perry addressed a letter to the applicant dated June 2,2003 including the following concerns: a. In spite of obtaining building permits,the applicant did not follow plans according to the application prompting a"Stop Work Order" issuance by the Commissioner on March 26, 2003; b. According to the Commissioner,the property is in close proximityto a wellhead protection area,and although the commissioner is aware the applicant has spoken to Director of Public Health,Thomas McKean about eliminating one of the bedrooms,he's not convinced"with the family members he has living in the house,that he has satisfactorily demonstrated the feasibility or practicality of eliminating a bedroom;" C. According to the Commissioner,this and all Accessory Affordable Housing Program applications need to qualify as a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B— §20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,Pre-existing& Unpennitted Dwellings. As per Section 3:0:Amnesty Program,paragraph 3.1: 2 "Threshold Criteria:" "Real property containing a dwelling unit or dwelling units for which there does not exist a validly issued variance,special permit or building permit,does not qualify as a lawful,non-conforming use or structure,for any or all the units,and which was in existence on a lot of record within the Town as of January 1,2000;" or "Real property containing a dwelling unit or dwelling units that was in existence as of January 1,2000 and which has been cited by the Building Department as being in violation of the zoning ordinance." According to the commissioner,"this structure was not in existence as of that date since no permitting was issued before September 12,2000. Amnesty does have provisions for creating an affordable unit;however,a Comprehensive Permit must be obtained first,followed by building permit to allow the construction." "This was not done" within this application. d. The Commissioner states,"For these reasons and other events that have transpired with this project,it is myopinion that this is not a good candidate for the Amnestyprogram. The building needs to be reverted back to what was originally permitted." 6. On December 12,2002,the applicants signed an Accessory Affordable Housing (Amnesty) Program Affidavit agreeing to comply with the program's requirements,including owner occupancy of the principal dwelling and further agreeing to comply with the provisions set forth in Article LXV(65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement&Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicant(s) as a"limited dividend organization" as that term is used under M.G.L.c.40B %20-23. 7. Under Chapter 3,Article LXV(65) of the Town Ordinances,the affordable unit must be rented at an affordable rent to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA). 8. According to the Massachusetts Department of Housing and Community Development,as of January 10,2003,4.91% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minimum under M.G.L.c.40B%20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 9. The Hearing Officer found that the application does not meet the standard of a Comprehensive Permit for participation in the Accessory Affordable Housing Program based on the following: a. The proposed unit does not qualify as per the Building Commissioner's letter of June 2, 2003 referenced above; b. The unit did not exist prior to January 2000 as an Amnesty unit; c. The applicant did not received a Comprehensive Permit prior to construction of a new unit as mandated under the requirements of"a newly created Amnesty unit;" d. The applicant never submitted a certified plot plan showing the proposed new construction; e. There have been several continuances on the application;and f. The applicant did not request a formal withdrawal in writing. Ruling and Conditions: Based on the findings,the Hearing Officer ruled and finds that while the applicant has standing to apply for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B —%20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre-existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonly termed the"Accessory Affordable Housing Program," and based on the 3 �4 R Doe_a 974 P 22 . 07-23-2004 1 m 08 BARNSTABL E LAND COURT REGISTRY REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this A—day of Vkk� ,2004,by and between Bruce and Joanne Bissett of 11 Shammas Lane, Marston Mills,MA 02648,and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the"Municipality'),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit";and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN-4 The terms of this Agreement and Covenant regulate the property located at 11 Shammas Lane, Marston Mills,MA,as further described in Exhibit"A hereto annexed. B. The Project located at 11 Shammas Lane,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 the comprehensive pemut, Appeal No.2004-55 and any plans submitted therewith and all applicable state,federal and municipal laws and regulations (A copy of the comprehensive permit is annexed hereto as Exhibit"B"). D. The Owner agrees to occupythe principal dwelling unit located on the property as their year round residence in accordance with the terms of the comprehensive permit. H. 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 of low income (herein defined as 80% or less of the median income of Barnstable- Yarmouth 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 Area Median Income or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(VISA) and that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD) for a household whose income is 80% of the median income of Bamstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. 3. The Designated Affordable Unit will be retained as permanent,year round rental dwelling units with at least one-year leases. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. i 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 viola-,.e 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 r nnmg with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Bamstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development(HUD) for a household whose income is 80%of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. 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. IV. 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 perpetuityto a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent.(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development(I-=) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area.In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of 2 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. VI GOVERNING OF AGREEMENT: This Agreement shall be governed bythe laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when.mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. IX HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions bythe 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. X ENTIRE UNDERSTANDING: A This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed bythe parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be,and bythese presents are,granted bythe Owner to run in perpetuityin favor of and be held bythe 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 Exhibit"A"hereto annexed 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 Municipalityshall 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 Exhibit"A". M. 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 onlytake effect after. 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case maybe,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant 3 I , shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. XII. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i)that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title,(ii) are not merelypersonal covenants of the Owner,and(1) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. )III. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred.by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent mayperfect such a lien on the Project byrecording 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. XIV. 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 Iq day of V kQ ,200Z( OWNE OWNER BY.• Y: S' nature Signa Printed: Bruce Bissett Printed: Joanne Bissett TOWN OF'BARNSTABLE 1 iI BY. Signature Printed:;John C.Klimm, Town Manager 4 COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: Q'k,L L j t-I ,2004 On this LCI day of SPM,�j 20before me,the undersigned notary public,personally appeared ZIS ,the Owner(s) ,proved to me through satisfactory evidence of identification,which were M t- 04 z-St+- 2-2. ,to be the person(s) whose name(s)is signed on the preceding or attached document and acknowl ed to be that he/she signed it voluntarily for the stated purposes. Paulette T eresa-McAuliffe f Commonwealth of Massachusetts M CnmmicSinn Expires 7/04/2008 NotaryPubhc `���..�� tu! fFf..�, `•,;���;�� Printed: v { , My Commission Expires ' c'zf 2-0g �• ,� Fief�'�•_• O � .�( -� ' Y,.�,;'-: COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: ;;,, Ug ,2004 On this day of U14-LLI— 20o4before me,the undersigned notary public,personally appeared ��k.,"Vw'- ISS. ,the Owners) ,proved tome through satisfactory evidence of identification,which were 1M.A- o4-Z- S'(--61930 ,to be the person(s)whose name(s)is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. Paulette Theresa-McAuliffe Commonwealth of Massachusetts Notary Public MY Commission Expires 7/04/2008 Printed: My Commission Expires: &-q a� ,•Ia �FFE s COMMONWEALTH OF MASSACHUSETTS i Y County of Barnstable; o(� ,2004. ,a .�`� 41/IIIIIIYIIII', On this D•1'Oday of -,4kjLL4 2004before me,the undersigned notary public,personally appeared m Town Manager for the T=ltv,- f Barnstable,proved to me through satisfactory evidence of identification,which were &S ,to be the person whose name is signed on the preceding or attached document acknowled ed to be that he/she signed it voluntarily for ther. ated purposes. NotaryPublic Printed: My Commissi j r '� SEAL ,, .tat SHIRLEE MAY OAKLE : t NOTARY PUBLIC `u • t 4 COMMONWEALTH OF MASSACHUSETTS IIAy Canon.Expires 3128=8. �,':�' •.•••• .c , Book 946 Page 17 Doc. No. 469,080 Ctf. No. 115577 ? TRANSFER CERTIFICATE OF TITLE From Transfer Certificate No. 109317 Originally Register December EXH1�IT in Registration Book 893 Page 117 for theRegistrryDistrictofBarnstable98ountY. THIS IS TO CERTIFY that Bruce Bissett and Joanne Bassett, husband and wife, both of 222 Bloomingdale Road, Quaker Hill, Connecticut 06375, are the owner(s) in fee simple as tenants by the entirety of that land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows. 1! LOT 18 PLAN 38973-F Said land is subject to the agreement as set 393,343. forth in Document No. Said land is subject to the restrictions as set forth in Document No. 469,080. ti y j i _ And it is further certified that said land is under the operation and provi- sions of Chapter 185 of the General Laws, and that the title of said Bruce Bissett and Joanne Bissett to said land is registered under said Chapter, subject, however, to any of the encum- brances mentioned in Section forty-six of said Chapter, which may be subsisting. -_---- WITNESS, MARILYN M. SULLIVAN, Chief Justice of the Land Court, at Barnstable, in said County of Barnstable, the thirtieth day of September in the year nineteen hundred i and eighty-eight, at 1 o'clock and. 17 minutes. i Attest, with the Seal of said Court, ri i JOHN F. MEADE, Assistant Recorder. f Land Court .Case No. 38973 1 i wU� •- l}t Ftz S�t^-�•3 ;' v �"` ,�5 ��. ut�+ ' 4` •�$�v�'`',i� �Ye * i'�-.F' .fit :U}.{ br l8t'ivY�+-rf` •ef•.d.+.:.. 3�r —�-+�d "n � t�Ll'."rusL;[�.` .'u'.'.s.➢c":31r ...,�, y'aey�"i i 1155 MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 469,090 DATE OF INSTRUMENT DOCUMENT SIGNATURE OF DISCHARGE CU ER KIND RUNNING IN FAVOR OF TERMS DATE AND TIME ASSISTANT RECORDER OF REGISTRATION 569,634 PR 18 38973-F FS 436,830 05-30-1989 - 1 12-08-1992 12:41 569,634 PR 18 38973-F FS 436,831 05-30-1989 2 12-08-1992 12:41 Qk,,:y VA• . `. 569,634 PR 18 38973-F FS 436,832 05-30-1989 3 12-08-1992 12:41 i - i 569,634 PR/M 18 38973-F 436,829 05-30-1989 4 12-08-1992 12:41 626,726 M. MORTGAGE FUNDING 18 38973-F 10-20-1994 1 CORPORATION $24,000.00 10-24-1994 11:15 a �I 626,727 AS GE CAPITAL MORTGAGE 626,726 001 10-20-1994 < 1 SERVICES INC 10-24-1994 11:15 ✓!� BARNSTABI E COUNTY REGISTRY 0 DEEDS - A TRUE COPY,ATTEST i MN F.MMMi ko— - r z Ca >BAWMADIA E= byes P r 0Tq. Town of Barnstable �.... Zoning Board of Appeals r- Cn Comprehensive Permit Decision and Notice a ` `e' EXtI Appeal 2004—55- Bissett Applicants: Bruce and Joanne Bissett C) Property Address: 11 Shammas Lane,Marston Mills,MA Assessor's Map/Parcel: Map 064 Parcel 109 Zoning: Residential F Zoning District ' Groundwater Overlay: WP Wellhead Protection OverlayDistrict " Applicant- The applicants are Bruce and Joanne Bissett,who reside at 11 Shammas Lane,Marstons Mills, . Relief Requested: The applicants have applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B-§20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre-existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonlytermed the "Accessory Affordable Housing Program" Theywant to create an accessory apartment unit to a single-family dwelling in accordance with all the conditions of this permit. The issuance of this Comprehensive Permit would allow for an owner-occupied single-family residence with an accessory affordable apartment within the single-family dwelling. Locus and Background: The proper yis a 1.05 acre lot that is developed with a 3-bedroom4 2-bathroom4 4,267 square feet,Ranch Style family dwelling with a pre-existing detached garage that sits approximately 100 feet to the left and in front of the single-family house. The applicants have owned the propertyfor sixteen years. The applicants heard about the Accessory Affordable Housing Program through local media and has decided to create an accessory affordable apartment. The proposed accessoryunit is to be created within the existing foot print,above the detached garage. It will be a one- bedroom unit at approximately 500 square feet. The locus is in a Residential F,in WP-Wellhead Protection Overlay District. The applicants attempted tc get a Comprehensive Permit approval on the property,but were denied bythe Hearing Officer at a hearing on August 20,2003. The Hearing Officer's decision to denythe appeal(which was ratified bythe entire Zoning Board of Appeals) was for the following reasons: The Hearing Officer cited a letter addressed to the applicants from the Building Commissioner, Tom Perry dated June 2, 2003 including the following concerns: a. In spite of obtairzrng huilding pernts, the applicants did not fo>lowplam aazrrding to the application pron piing a "Stop Work Oyder"issuance by the Conmzswner onMarch 26, 2003; b. The appliacnts did not fdlow program prox&vz as per the Tbn shdd Criteria of the A m-oty OrrImma Section 3:0: A n7zty Program;paragraph 3.1: "Threshold Criteria:" `Real property crnramng a dvElhrig unit or dvellirng units for ubi b there does not ex ist a vd dly issued wn*ance,spedal PMW or b inding penr i4 does not qualify as a lawful, nm mnforrrang use or stnxvm,for arty or all the units,and ubich uas in oc istew on a lot of rnrord vithin the Town as of January 1, 2000;'or "RealpznpeM arntw=?g a dzpelling unit or duelling emus that vm in existem as of January 1, 2000 and ubioh has been atal by the BuldingDepa wvr as InT in udatim of the zomT ordimrue" A=n1v g to the m imssia mr, "this strtu yr was not in existents as of dut date swx no pent ng vm issued b fore STtena 1 Z 2000. A nmty doss haze prozisions for tn?ating an of fordable unit;hozwwr,a Comp a6ariw Permit must be obtained fzn� fdloua by a balding pernat to allow the cmtruttim" "This vas not done"within this application For these reasons the Building Commissioner initially found.that this was not a good case for the Amnesty program. The Commissioner ordered that"the building be reverted back to what was originallypermitted." The applicants have complied with that order,have rectified the concerns of the Building Commissioner,and are now ready to properly move forward in obtaining a Comprehensive Permit in order to participate in the Accessory Affordable Housing Program Procedural Summary: This application for a Comprehensive Permit was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notice was sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on June 9,2004, at which time the Hearing Officer, Gail Nightingale,granted the Comprehensive Permit. Also present was Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator. Findings as to Standing and The Comprehensive Permit: At the June 9,2004 hearing,the Hearing Officer made the following findings of fact: 1. The applicants are Bruce and Joanne Bissett with an address of 11 Shammas Lane,Marstons Mills, MA. Mr.and Mrs.Bissett have owned the property since September 13, 198 8 as documented and recorded at the Registry of Deeds in Book 946,page 17. They are requesting a Comprehensive Permit to create an affordable rental apartment to be accessoryto the single-family owner-occupied residential dwelling. The applicants have submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting their ownership of the property. In addition,theyhave submitted a certified plot plan dated May 14,2003. 2. The applicants were issued a Project Eligibility(site approval) letter dated March30,2004 from Kevin Shea,Director,Office of Community&Economic Development, qualifying the application for the Accessory Affordable Housing Program The source of the subsidyis the federal Community Development Block Grant(CDBG) program. 3. The proposed rental unit will be approximately 500 square feet,and will have one bedroom It will be located above the pre-existing detached garage which sits about 100 feet in front of the main house. 4. According to the Assessor's record,there is a total of 3 bedrooms on the propertyin the main house. The site is in the WP-Wellhead Protection Overlay District. The Public Health Division has verified that the proposed property meets the conditions of the State's Title V Environmental Code. Also,Public Health has approved an additional one-bedroom unit to be created at the property on the condition that the applicants make a five foot cased opening(no doors) to eliminate the privacy of a"bedroom" in the main house in the room that they use for a home office. This approval is as per the"Housing Amnesty/Public Health"Form dated February 3,2003. 5. The town of Barnstable completed an inspection of the property on September 20,2002. It was noted that the unit was under construction. The applicants are aware,that a final inspection by the Building Division will be required and that the Building Division also has to perform all necessary inspections to assure that the unit meets applicable minimum state and local code requirements before they are issued an Amnesty Certificate of Participation. 2 6. On january28,2004 the applicants signed an Accessory Affordable Housing (Amnesty) Program Affidavit agreeing.to comply with the program's requirements;including owner occupancy of the principal dwelling unit and further agreeing to comply with the provisions set forth in Article LXV (65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement &Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicant as a"limited dividend organization" as that term is used under M.G.L.c.40B %20-23. 7. Under Chapter 3,Article LXV (65) of the Town Ordinances,the affordable unit must be rented at an affordable rent to a person or family whose income is 80% or less of the Area Median Income (AM) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA). 8. According to the Massachusetts Department of Housing and Community Development,as of September 4, 2003,5.11% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory.m;nim„m under M.G.L. c.40B §S 20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 9. Based upon the findings,the project is deemed consistent with local.needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings,the applicants,Bruce and Joanne Bissett,are granted.a Comprehensive Permit to permit the conversion of an accessory apartment of 500 square feet within a single-family owner-occupied residential dwelling, . subject to the following conditions: . 1. The property owners shall occupy the principal dwelling as their year-round residence. 2. Occupancy of the affordable unit shall not exceed two people. 3. This unit shall not be occupied by a family member of the property owners. 4. To meet the requirements of affordability,the applicants must rent the unit to a person or familywhose income is 80% or less of the Area Median Income (AM) of Barnstable-Yarmouth Metropolitan Statistical Area(INBA),adjusted byhousehold size. The monthlyrent payable bya household inclusive of 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 bythe town of Barnstable shall be deducted from rent level so calculated. 5. All leases shall have a minimum term of one year. 6. The property owners must obtain a building permit for the accessory affordable unit whether the unit is new or pre-existing. Before the issuance of an occupancypermit and Certificate of Compliance for the unit,the Building Commissioner must determine that the unit conforms with the approved plans as submitted to the file (as initialed bythe ZBA Hearing Officer and submitted with the building permit application) and meets state building,fire and sanitary codes. The unit must also complywith applicable state on-site wastewater discharge requirements. ba. Because the property is in the Wellhead Protection Overlay District and is in a neighborhood restricted to no more than three (3) bedrooms,the unit shall be open for inspections bythe Department of Public Health to insure that no more than three bedrooms exist on the entire property. 3 f � l - 7. The applicants may select their own tenant(s)provided the tenant(s) meet all requirements of the program and provided that person(s) income is reviewed and approved by the Office of Community&Economic Development of the town of Barnstable as a qualified individual. The applicants will be required to work with the town to provide information necessaryto document that the tenant(s) qualify_ To insure that the unit is rented in an open and fair basis to an income eligible individual or family,the unit must be listed with the town whenever a vacancy occurs.. Also,the applicants must notify the Office of Community& Economic Development of a vacancy-whenever it occurs. 8. Every twelve months the applicants shall review the income eligibility of those individuals occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit the applicants shall file with the Office of Community&Economic Development of the town of Bamstable an annual affidavit listing the rent charged and income level of the occupant(s) of the unit. The applicants shall provide the town any additional information it deems necessaryto 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. 9. The Accessory Affordable Unit shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 10. This Comprehensive Permit shall not be transferable to any other person or entitywithout 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 town of.Barnstable shall be notified within 60 days the name and address of the new owner. 11. All parking for the dwelling and accessory unit shall be accommodated on site,and no lodging shall be permitted on site for the duration of this Comprehensive Permit. 12. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part II,Section 4.02 and Part III,Section 3.72 of the Town of Barnstable Administrative Code,the hearing officer transmitted her written decision to the Zoning Board of Appeals on June 9,2004 and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2004-55 has been granted with conditions. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk The applicant has the right to appeal this decision as outlined in MGL Chapter 40B,Section 22. / jGaHightingale, :aring cer `���••�» ate Signed NF 'tin Massachusetts,hereb ce that a Hutche Clerk of the Town of Ban` 'b y�B O ty, Y '�' twenty(20) days have elapsed since the Zonirigr� eals'[�e; lii, decision and that no appeal of the decision has been filed in the ice o, Le Tov�n Signed and sealed this _"day 'f * er th gins and pen alties of perjury, �11 !HutAaf ridea�,� oq i Clerk BARNSTABLE COUNTY �'Ito M k i REGISTRY OF DEEDS �1�e�i��wa►t�0: A TRUE COPY,ATTEST 4 BARNSTABLE REGISTRY OF DEED JOHN F.MEADE,REGISTER C� 14 TOWN OF BARNS ABLE BUILDIN ERMIT APPLICATION j Map Parcel U 4 sl l ( 1 T Y,,t OF p Permit# -7%la l Health Division o + L ,° �'�BLCDate Issued Conservation Division ! �� Z9[7'� `UL 2 7 AM 0: 24 Application Fee Tax Collector 7`�� Permit Fee 1 � 1 d - "`; f�~—` T1N0 SEPTtC SYSTEM Treasurer l� c Planning Dept. UAIF=T0 IOFOOROOMS Date Definitive Plan Approved by Planning Board CO 1/3 3--4d rQ-(4y�c-kc/ Historic-OKH Preservation/Hyannis Project Street Address ��"� - "�0.1'hf ,� Village /�aju 4ty_S nn Owner 6ext t I aTAPn-C, R 1 S I& Address H r Telephone S-0 yam'- / t Z Permit Request Ann) t u�Y l�(i no C.�'h�t �(`k( Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation,3J (W 6 M Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure 9 Historic House: ❑Yes 0 No On Old King's Highway: ❑Yes ❑No Basement Type: 0 Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing o new Half: existing new Number of Bedrooms: existing new 7l�71 y Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: YGas ❑Oil ❑ Electric ❑Other Central Air ❑Yes *(No Fireplaces: Existing f New Existing wood/coal stove: ❑Yes ❑No Detached garage:0 existing ❑new size Poolld existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# Current Use - — - '"Proposed Use BUILDER INFORMATION Name Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO JSIGNATURE Q �i-.S2& DATE t _ FOR OFFICIAL USE ONLY R 1 PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS. VILLAGE • OWNER w•r .` DATE OF INSPECTION: !; FOUNDATION FRAME � :'- INSULATION r FIREPLACE ELECTRICAL: ROUGH P FINAL PLUMBING: ROU( - FINAL GAS: ROU( FINAL FINAL BUILDING n m DATE CLOSED OUT In fn a ASSOCIATION PLAN NO2 N f • t • of �'o n of Barnstableides . . a�e # ThomasF.Geller,Director �4'pt1 659. � Building Division • Tom Perry,Building Commissioner ' 200 Main Street, Hyannis,MA 02601 Office; 508.862-4038 Fax; 508-790-6230 • permit no. --- . Data ' AI+MAVIT ' 3101 ZM IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERW=APPLICATION MGL 0.142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied bUAdjng containing at least one but not more than four dwelling units or to structures which are adjacent to •• such residence or building b a done by registered contractors,with certain exceptions,along with other requirements, • Type of Work: �2�-rr�s Am n es , orLjated Cost- /. Q�_� Address of Work: i �Sh e,� M 4' Lan L �'?a-lAl� �f h•, i 1/If M-4 ®a ,"SS.e Owner s Name:�_ . Data of Application I hereby certify that: Reostration is not requized for the following reason(s): ' []Work excluded bylaw ' []Job Under S l,000 []Building not owner-occupied IzOwner pulling own permit , Notice is hereby given that: oyMESPULLING MIR OWN PERMIT OR DEALING WITI.t bMGIMRED COnTF-kCTORS FOR A.PPIAC4,d11OMEIMPROVEMENT WOIKDO NOT HAVE ACCESS TO THE ARIiYTRATTON PRO GRAM OR.GUARANTY P'M UNDER MGL c,142L SIGNED UNDFIR?BNALTMS OF PERJURY Thereby apply foi a permit as the agent of the aw4er; - Data Contractor Name RegisErationNo. OR Owner's Name i M CMR APPamfix! Table JS.Zlb(continued) Prescriptive Packages for One and Two-Family Residential Buildings Hated with Fossil Fuels MAXIMUM MINIMUM Glazing Glazing Ceiling Wail Floor Basement Slab Heating/Cooling ' Wall Perimeter Equipment Efficiency' A''a (�a) U-value= R-value R-value R-value Package R-value° R-value' 5701 to 6500 Hating Degree Days' Q 12% 0.40 38 13 19 10 6 Normal R 12% 0.52 30 19 19 10 6 Normal S 12% 0.50 38 13 19 10 6 85 AFUE T 15% 0.36 38 13 25 N/A N/A Normal U 15% 0.46 38 19 19 10 6 Normal V 15% 0.44 38 13 25 N/A N/A 85 AFUE W 15% 0.52 30 19 19 10 6 85 AFUE X 18% 0.32 38 13 25 N/A N/A Normal Y 19% 0.42 38 19 25 N/A N/A Normal Z 18% 0.42 38 13 19 10 6 90 AFUE AA 18% 0.50 30 19 19 10 6 90 AFUE 1. ADDRESS OF PROPERTY: s� '1n'1�.5 L4,7,L. VYlsh-s l l S fr,47 cj,�4 q 2. SQUARE FOOTAGE OF ALL EXTERIOR WALLS: �j 1 3. SQUARE FOOTAGE OF ALL GLAZING: o2® S 4. %GLAZING AREA(#3 DIVIDED BY#2): C �/ 5. SELECT PACKAGE(Q--AA-see chart above): NOTE: OTHER MORE INVOLVED METHODS OF DETERMINING ENERGY REQUIREMENTS ARE AVAILABLE. ASK US FOR THIS INFORMATION. BUILDING INSPECTOR APPROVAL: YES: NO: q-forms-f980303 a 780 CMR Appendix J Footnotes to Table J5.2.1b: Glazing area is the ratio of the area of the glazing assemblies (including sliding-glass doors, skylights, and basement windows if located in walls that enclose conditioned space,but excluding opaque doors)to the gross wall area,expressed as a percentage. Up to 1%.of the total glazing area may be excluded from the U-value requirement. For example,3 ft of decorative glass may be excluded from a building design with 300 W of glazing area. Z After January 1, 1999, glazing U-values must be tested and documented by the manufacturer in accordance with the National Fenestration Rating Council (NFRC) test procedure, or taken from Table J1.5.3a. U-values are for whole units:center-of-glass U-values cannot be used. The ceiling.R-values do not assume a raised or oversized truss construction. If the insulation achieves the full insulation. thickness over the exterior walls without compression, R-30 insulation may be substituted for R-38 insulation and R-38 insulation may be substituted for R49 insulation. Ceiling R-values represent the sum of cavity insulation plus insulating sheathing (if used). For ventilated ceilings, insulating sheathing must be placed between the conditioned space and the ventilated portion of the roof. •Wall R-values represent the sum of the wall cavity insulation plus insulating sheathing (if used). Do not include exterior siding, structural sheathing, and interior drywall.For example,an R-19 requirement could be met EITHER by R-19 cavity insulation OR R-13 cavity insulation plus R-6 insulating sheathing. Wall requirements apply to wood-frame or mass(concrete,masonry)log)wall constructions,but do not apply to metal-frame construction. The floor requirements apply to floors over unconditioned spaces(such as unconditioned crawlspaces,basements, or garages).Floors over outside air must meet the ceiling requirements. 11 The entire opaque portion of any individual basement wall with an average depth less than 50%below grade must meet the same R-value requirement as above-grade walls. Windows and sliding glass doors of conditioned basements must be included with the other glazing. Basement doors must meet the door U-value requirement d::scribed in Note b. 'The R-value requirements are unheated slabs.Add an additional R-2 for heated slabs. " If the building utilizes electric resistance heating use compliance approach 3;4, or 5. If you plan to install more th the lowest than one piece of heating equipment or more than one piece of cooling equipment, the equipment wi efficiency must meet or exceed the efficiency required by the selected package. For Heating Degree Day requirements of the closest city or town see Table J5.2.1a NOTES: a)Glazing areas and U-values are maximum acceptable levels. Insulation R-values are minimum acceptable levels. R-value requirements are for insulation only and do not include structural components. b)Opaque doors in the building envelope must have a U-value no greater than 0.35. Door U-values must be tested and documented by the manufacturer in accordance with the NFRC test procedure or taken from the door,U-value in Table J 1.5.3b. If a door contains glass and an aggregate U-value rating for that door is not available, include the. . glass area of the door with your windows and use the opaque door U-value to determine compliance of the door. One door may be excluded from this requirement(i.e.,may have a U-value greater than 0.35). c) If a ceiling,wall, floor,basement wall,slab-edge,or crawl space wall component includes two or more areas with different insulation levels,the component complies if the area-weighted average R-value is greater than or equal to the R-value requirement for that component. Glazing or door components comply if the area-weighted average U- value of all windows or doors is less than or equal to the U-value_requirement(0.35 for doors). 43 The Commonwealth of Massachusetts Department of Industrial Accidents' IMP ffkwjypzfm 600'Washington Street -Y Boston,Mass. 02111'. _ workers' CqM-13ensation.Insurance Affidavit-General Businesses •- �",�P �'. �r7l+:A,..• '"`�''• ;tz�;+trs,. •. :.ia,° ,.;,�T4•• .s,. ` "''' .. �•'-st- � ,.;�'is`§� name: as 11 _3 h o.M &J A- a.,tu, uln..._-- state: zip, a `(Vphone es ,• full address ...�� S ,C.. 3?VnJ �S - - j 0 _ir site tncatiozi l: w Oda ' [] I am.a sole proprietor and have no one $psiness'IYpe. [I Retail(] Restaurant%Bai/Eating Establishment working in any capacity. ❑ Office❑ Wei(mcluding.Real Estate, Autos etc.)' ❑ Other , ' Gp�%�y'z�iS:� '. ...'. El I am an em to er with em to I am employer providing:workers' compensation for my employees working on this job. . . .4e..t.r1:1: J,i+:,P'• .S:'-:' •+t:tt' 'rn. }:'' '+ +=i:' , •.f'�t1''r •r:: .r coID an game: ',>., "f•, •,:;:,. :.r::.• sadr'essi` •t.,;• :,i_; •.i:...., y,.,,•':,;'r::q yr•,' �: ,;�: .1•i .:�;' •��:• ''S�r•p°e'� '144i•' , �� ..:.,.�.'`.;.t,,:i ...r�. i'Y-„ 't 13 1 `..;N•�'. }.. t. i '+t ail.ryl,�`'. �:wsy:ice: 't:,'•ti•Vi•L}:`•f:',. i.• 011C. •#'• t,••i ;• :'•. PO .insurance •:.,:..::�_: . _,. ..:•:;.. ::.:..'._. ••i,. .. ::.• . ,•..:: •.,r.•:.:>:• ' .:..:.,::• .:.•.:_�.; • •� r01. [� I am a sole proprietor and have hired the independent contractors listed below who have the following workers' .compensation polices: ; . �t•• t':t• r,, -•+, .`:t•. ;.r ` _ 'Y�!•.,�:'..a,i�,:ti• :.1''..i�•� s coIDran naIIl�: '1. ; .•+.Y;�a!}: t t,e,�,�:a• ': .. . .•e' .rt.,.+,r 't';';• '•+7:•.ir: ter,;. _ _ 'sv! Y. i7�•'•:S•'r '*'4`,{e'•ri:,;.l s': '•�1... ,'1•' �'t',, •'Yt�'. "1'' .,L. On .:t: � ;y+, - ,;i:y: ;'iyl'•'i�:`}'.4,i. it�:},,;�:. l:• �:,�' .!. ::i;.';y':_• ,inM1�:f�'�. .i.;' t•t h: {y"•;i:• '{,. 'ie l:y, :,M•.e •Lt:i it.'':,•:r.:'0+]1,;„ yt,�•,•.. coin ari. narrie:.�::, •.,;: �••�• ••�.- .�.'' ' :.. .. a: ,. ;;: _ . address: , > �•f,I, -y.o- ,:,- ''+] .:ba' 7:,+. �¢. r.7,i 1;:'•..st..'..:L'., •�'�+i�'.: •• rd::`�,,. - •:1;i..: �e •t�' ' r` µ.Y,i 'i• '''' 'Ii,+l � !'• ti'•:14' ,�! •f♦ �1,1''i�.ii'.,tl•.; in'surance'to: '' Fauure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one years'lmpr�onmeat as well as civil penalties in the form of a STOP WORK OPMER and.a fine of$100.00 n day�agaimt me. I understand that g copy of this statement may be forwarded to the Office of investigations of the DIA for coverage verification. I do hereby certi under the pains and penalties o perjury that the information provide above is true and�-reC4 S 1J1, ate J Signature { . .' ' . • • r ' � / J . • . Print name Phone# .. d t+ll d 74i:4 Pop: ? official we only do not write in this area to be completed by city or town ofricial city or town: permitllicense# []Building Department ❑Licensing Board ❑-checkif immediate response is required ❑Selectmen's Office _ ❑Health Department. , contact person: phone#; —[]Other t (rovsed Sept 203) a Information and Instructions. to provide Workers' comp ••sa vlassachusetts General Laws chtapter�152 section 25.regees all eml?loy erson the service of anotherunder any contract ;mployees: .S quoted from the law', an employee is'.defined as every p in )f hire; express or impfied; oral or written. An em lover is defined as an individual,partnership, legal entity,.or any two or mare of , association, corporation or ot P the foregoing engaged in a'joint enterprise, and including the Legal representatives of a deceased employer, or the receiver or apnershi association or other legal entity, employing employees. •However the owner of a trustee of an individual,p . P,. dwelling house having'not than three apartments and-who resides therein, or the.occupant of the dwelling house of another who employs pe sons to do.maintenapee,.constriction or repair work on such dwelling house or on the grounds or building PP tenant thereto shall not because of such.employment.be deemed to be an employer.... 1.52 section 25 also'states that-every state'or local licensing agency shall"withhold the issuance or renewal chapter 'c MGL P ct building'sin the.commonweaIth for any apgli ant who has of a license or permit.to_operate a business or t• construct hei the not produced acceptable evidence'of�conripliance with the ins r n ec�tracge r the rerforn�ance ofpublic�d Additionally, twork until commonwealth nor.any.of its political subdivisions shall enter,in. y P of compliance with the insurance requirements of this chapter have been presented to the contracting acceptable evidence authority. 'cants • ' Apph Please fill in .the workers compensation affidavit completely,by checking the box that applies to your situation.;Please supply company narne, address and phone numbers along with a certificate of insurance as all affidavits maybe submitted to the Department of In Accidents-for confirmation of insurance coverage.. A.lso'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 lndustrial.Accidents-. Should you have any questions regarding the"law" or if you are required to obtain a.workerV•compensation policy,please call the Department at the nbmber'listcd..below. City or Towns . Please be sure that the affidavit is complete andprinted legibly. The Department has provided a space at the bottom of the affidavit for you to fill out nx the e event the Office of Investigations h� s to contact you regarding the applicant. Please. be sure to fill.in the pernntllfcense number.wluch will be used as a reference number. The.affidavits may.be'.retumed t. the Departmentby, or FAX unless other arrangements havebeenmade. bke to thank you in advance for you cooperation and should you have any questions, The Office of Investigations would Please do not hesitate to give us a-call. The Department's address,telephone and-fax number: . The Commonwealth Of Massachusetts. Department of Industrial Accidents . �t�ce of�res��tlens ' 600 Washington Street Boston,Ma. 02111 fax#: (617)727-7749 phone#: (617) 7274900 ext:406 Town of Barnstable , Regulatory Services stcsrAst� Thomas F.Geller,Director q�A %6 9, N��� Building Division TomI?erry, Building Commissloner' 200 Main Street, Hyannis,MA 02601 W",toWn.barnstable ma,us , office; 508.862-4038 Pax; 508-790-6230 Property Owner Must _ _._. _ : . ..... : _. Complete and Sign This Section If Using A.wilder as Owner of the subject property l hereby authorize . 'to act on mybehA in all matters relative to work authorized by this building permit application for, (Address of Job) Signature of Omer Date Print Name RESIDENTIAL BUILDING PERMIT FEES APPLICATION FEE New Buildings $100.00 Residential Addition $50.00 -=- Alterations/Renovations $50.00 Building Permit Amendment $25.00 FEE VALUE WORKSHEET NEW LIVING SPACE square feet x$96/sq.foot= x.0041= plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE 2 2 - S7g square feet x$64/sq.foot= O� x.0041= plus from below(if applicable) GARAGES(attached&detached) square feet x$32/sq.ft.= x.0041= ACCESSORY_STRUCTURE>120 sq.ft. >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf. 75.00 >1000 sf= 1500 sf 100.00 >1500 sf-Same as new building permit: square feet x$96/sq.foot= x.0041= STAND ALONE PERMITS Open Porch x$30.00 (number) ��t ®B Deck_. ... _ .. . � x$30.00= 3 G�. (number) Fireplace/Chimney - x$25.00= (number) Ingrodnd Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) o j Permit Fee Projcost Rev:063004 s.*y� z /9 "p of alp �,¢yovT b' IMPORTANT - UPGRADE REQUIRED STATE BUll.DING CODE REQUIRES THE UPGRADING OF SMOKE DETECTORS FOR THE ENTIRE DWELLM WHEN ONE OR MORE SLEEPING AREAS ARE ADDED OR CREATED. r4 NOTE: A SEPARATE PERMn 1S-RELIUm FOR THE •' INSTALLATION OF SMOKE DETECTORS-THE ELECTRICAL PERMIT SATISFY THIS REQUIREMENT. SMOKE DETECTORS REVIEWED BARNSTABLE BUILDING DEFT. DATE FIRE DEPARTMENT DATE BOTH SIGNATURES ARE REQUIRED FOR PERMITTING I ;i - L - ado`f � -r a _ x �� ��^ � � i i ,. � ' + r.. t - ..w...r�....�s I V � ... �. i 1. � � .. f � �i � . +4 f l The Town of Barnstable M Department of Health Safety and Environmental Services �, ,ens•�,+` . Building Division 367 Main Street,Hyannis,MA 02601 508-862.4038 508.790-6230 PLAN REVIEW Owner: lk&& 91'S5 1eTT Map/Parcel: Project Address: Lh►AIr- Builder: _ Azrwe O'MlAlep The following items were noted on reviewing: /9 S S/ AC Qv,'R e ?fKlv� '7- (s-3) f1`A1,'PZ 5,,'a Al 0/;F�5' P'4�&AIA 84- Ale Reviewed by: p - Date: -! / ' 2 x r RESIDENTIAL ADDITIONS OR ALTERATIONS If located: ❑ North of Route 6- any work visible from outside- needs approval from OKH ❑ In Hyannis -If work visible from outside- Check to see if it's included in the ❑ Hyannis Historic Waterfront District- if so it needs approval from them ❑ If ZBA relief(Special Permit or Variance is required for project: opy of ZBA Decision ❑Documentation proving that decision was reco ed at the Registry of Deeds w/in one year of ZBA decision date. APPLICATION PACKAGE MUST INCLUDE: Map/parcel number Approval Sign-offs from: Health Conservation (if exterior work) Tax Collector Treasurer Street address Owner's name& address ❑/ Permit request - full description of proposed project) Square footage-proposed project Estimated project cost Complete Dwelling information for Assessor's Office ❑� Builder's information Signature E X Plot plan (shows location& setbacks of house) Plans —/sets measuring 11"x 17" fully dimensionlized with foundation, floor plan, cross section, framing schedule & smokes, with a Red S (SB or SH) [� Home Improvement Contractor's Affidavit Worker's Comp form must include: Insurance Company's name &Worker's Comp. policy number. Copy of Insurance Compliance Certificate must be on file. ©'Energy Compliance Form ❑ Copy of Construction Supervisor's License &Home Improvement Specialist's License OR Homeowner's License Exemption Form. Application Fee ❑ Permit Fee CHIMNEYS ❑ Need Home Improvement License ❑ No plot plan required PIERS & DOCKS ❑ Need Construction Super license AND Home Improvement License Owner cannot pull own permit ❑ Property Owner must sign Property Owner Letter of Permission. q-forms:permits l rev.0630044 oFtME rqh, Town of Barnstable • WNsrABM 9�A ' ��� Office of Community and Economic Development p 230 South Street,Hyannis, MA 02601 Kevin I Shea Office: 862-4678 Fax: 862-4782 Director July 20,2004 Ms.Jane Wallis Gumble,Director Department of Housing and Community Development 100 Cambridge Street Suite 300 Boston,MA 02114 RE: Notice of Town of Barnstable's Accessory Affordable Housing Program Comprehensive Permits Dear Ms.Gumble: I am notifying your office that the Town of Barnstable has approved the following applicant(s) under the Chapter 40B Comprehensive Permit as pan of the Accessory Affordable Housing Program Marcelo T.Cerqueira,63 Louis Street,Hymntus-.a single-family accessory unit; Carol A. Childs,546 Osterville-W.Barnstable Rd.,Marston Mills -a single-family accessory unit; Daniel M.&Victoria Henson,475 Willow St.,W.Barnstable- a single-family accessory unit; Bruce&Joanne Bissett, 11 Shammas Lane,Marston Mills - a single-family unit;and Daniel Hostetter,4766 Falmouth Road,Cotuit-a multi-family apartment building. The permit(s)have been approved under the adopted General Ordinances of the Town of Barnstable,Article LXV-"Pre-existing&Unpermined Dwelling Units." The source of the subsidyis the federal Community Development Block Grant(CDBG)program. The units are subject to a regulatory agreement and Declaration of Restrictive Covenants,which require the units be affordable in perpetuity to person whose income is 80% of the area's median income. Please feel free to contact me if you have any question. Resp y s bmitted, Kevin Shea, irector Office of Community Development cc: Toni Hall,DHCD Gail Nightingale,Hearing Officer Paulette Theresa-McAuliffe,Special Projects Coordinator John C.Klimm,Town Manager Ruth Weil,First Assistant Town Attorney Thomas McKean,Public Health Department Thomas Perry,Building Department File:Q:COMDev/PT/FL/CPNOT.doc _ Z TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map `Y Parcel 10q Permit# 7S 19 3 Health Division �� �36��0� 7 —�t�-7 Date Issued j3 )9), y Conservation Division Application Fee 06 Tax Collector (rl - o Permit Fee �r: ` Z ,�z2- �� Q ` I peti lole Treasurer 4 � • - � �sp�e Planning Dept. $EP"I'IC SYSTEM MUST 8E Date Definitive Plan Approved by Planning Board BALLED IN COMPLIANCEWITH TITLE 5 Historic-OKH Preservation/Hyannis EllflM EN7AL TO CODEAND 7'D REGULoT1ntgS Project Street Address s C�m�/t�yv4.J Lco c Villag '� Owner ti)T 0_/I c f %31_La( B i s.cl-t— Address Telephone S 3 Permit Request GI.aw (fh —ko C19 n sy -49— S&LxJ aurea Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family.(#units) Age of Existing Structure y YJ Historic House: ❑Yes 9No On Old King's Highway: ❑Yes kNo 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 Number of Bedrooms: existing_ new I Total Room Count(not including baths): existing � new First Floor Room Count Heat Type and Fuel: gGas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing I New Existing wood/coal stove: ❑Yes No Detached garage:0 existing ❑new size Pool:9 existing ❑new size Barn:❑existing ❑new size Attached garage:i existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑ No If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE 3•- 9-6 FOR OFFICIAL USE ONLY N PERMIT 1`T0. DATE ISSUED - MAP/PARCEL NO. ADDRESS VILLAGE OWNER " J DATE OF INSPECTION: FOUNDATION FRAME - INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL rn PLUMBING: ROUGH d Q FINAL N �� _ GAS: ROUGH y�0 r to�; FINAL FINAL BUILDING � rn C? I;-- cr rc� t3 H m N DATE CLOSED OUT ? S ASSOCIATION PLAN NO. 187 Qae�°�6 j N � j T // fir_� 2 w ' ` CERTI FI ED PLOT PLAN LOCATION SCALE , //�- J`•�Rsr�ws.y��, PLAN REFERENC ... DATE THY z /987 E BE7it/G 141g, . . . . . . . . . . . . . . . . . . . .. .. . _ !CERTIFY THAT SHOWN ON THIST PLAN IS HEvo.977o" AS SHOWN LOCATED ON THE GROUND HEREON AND THAT I CONFO MS TO TH E E L SET13ACK REQUIREMENTS OF THE TOWN OF DATE •WHEN CONSTRUCTED. t Si. Z3 />�87 f r The Commonwealth of Massachusetts Department of.Industrial Accidents* 6001 Washington Street _ Boston,Mass. 02111 sJ Workers'.. ensation.insurance Affidavit-General Businesses �/ ,�/ �:��,, .ram,:-�,.a<.. �,.,,.t�• -. t . . . . .;F,, �;� . ,.ai�*zr� : • / . name' c " address: ^` S'�f(�S .}'� .F•I-j state n1� Zip: address 4 Max'Y u�G L �ynrk site lO0at10Ii(full �: L [] I am-a sole proprietor and have no one $psiness Type: []Retail[]ResCaurantBa=/Eating Establishment yvorlsjng in any capacity. (]Office[j Safes(including Reap Estate,Antos etc.)' I am an e a to er with : ; etn•lo•ees(full& art time): ❑Other .••r.%%////%,///%%i %%/%%////G/iiG1ic%%///�% %/%%///y%%////%/G////%%////�/%%%%////�/%/ �I au•employer providing eskers' compensation for my employees working on this job. ; t? t::t,• N :.i!•t.':!i�•I:f� ��r.':" :"r,{' {K�,!;. .�{�•::•,�. :t'�.'.:�' �• —rrt�'°'•t''{'',r• ';Itt:• 'iiyi... .I. .•at ' ::�•• -t 'COm�9n^219I11.Br_ •,t. �,;t.: ,, •., !j••,.'..� :{�. .:ti• •l y..{�.. ?4';!;:('^�i•.':.•. '+��i:+.;' ri ..`:/:• •. t.t,r,. r. �•i .k t� •� ;•i, •a M.d•••'tt• t':w�{.•' i::•.•� .. • ',I r •J. •r„t,• i,,;,.Sit' i:i�`� •K.j:.•', .3:•• /. •::c..c:•' a{ s, 'i•'hb..:iiti •T•^i6:.:ft�J'•`•+'t �•''; .. �tlireSs:' o.:'• ,y a ; t w;:��{::s %r::{:- :,: ,,�iir'rr� .'i.,:. {..�3;'' %'11+r3'':}•'• 't. +' .�':'1. ''•rjt•y_i 1:. !- ... ;,f'• ''!--•`,• �•','''e+,:lti:' •r' '•XS�•1'yi5�• •ib�.•,.. {•'• '; ..'; ,•,w,,' r+'. ,t.• ••J• .+\; r '1 ;•, ..r: •i•'h •'hone. Met •''it' •:"`{• •i •'1• JI t it 1 J'i ai•4 Srisiirarice.co:r,,...::;:.. ...-i• •• •• i Tam a sole proprietor and'have hired the independent contractors listed beltiw'who have the following workers' compensation polices: • 'M1y•.:�. ,.,by,.• •j,�� •f� .e try :1•:'r ..,�,:..�}:::'' ::�:7:,�,�'41�tit`,<:T t!,•:Y:i"S:�•;'n-.•,'.::�. COIII an I1anY�:: .<. i 's..••,5• ••. t '•� .ir :;�.•.F.:t'tj:.::• •a'i.,r:''•i .. •.e r t'!Y'�r •,f:-j' _ if( tihR• '1.,�:r ... lF:.:•,r ;,.,;;,:�, 91,,' ,. .{•!' .:�p�•: ,ry':'(.• ,�:.ti'i:rr .f ;•q. ;•.::��7.+ S'.•••i' , :�' :• .' •lV•`•t`•y.•: fir. t.. •'t ;.t t !'ii`i 7•ti':.J. ..i;. * .i 1 L•_ ••,i:'.. y�: r•.-t ..t. ,:'• addreas�� ..•�,,. •a ,,••i .A if.7a•'•:1•�•?�:' �:' i;'.• 'r• r'. •''''� ,• •.P.J; L•f� • Cl, ^t, •' ' .•1."ti .`+. ,r,.^tit;rl i.:;; •:i••r••••Z,..,:1 .n!. -i'Zr��:;• '',,. r:::l:•'r ;11, •+"t..'� .4, •'-.• ••t. „!Vf'•!J) ''?t.�' ::.t: ^.:- .:.�' �:''':F ' +,. :.t :}.• ►'a' `ri�r::5 i;:; ,.': '`:r;':":•'., 'v.;• , t`. ,;• iiisiirance'co. !' ,•A4t':' <•r, h' �.,... .,•.. / /////�%///%%%• il: ,, t• . {, q .^C.� r Li. �,. •, 5, ;•• 't•J .• r (..�:t;•+..in t:;'�yj � ,ti••��`f•.Tt.t.}r' ti• ': .�i.i. •1'. '.f..• i' •r ty •ir:',t •r•�1�' e':ruh':, .L •i >,/a ,5�. .:t>.:- ':�.. .� { 't•'.C• "'t.:',i.:t!t'': f7f.'. ','l':•r,'';i.'�r.• ':' •'J^�Yr•fry+. ..a .- ''. address: :=. t.. , ..6..r .hi. "i•i.:r :•r•i ':=�lK7:f' •�,:,j :•a:• ,•C;.:�• . . C3' j,_ c.t. •;r:` t.ai: r, i,y� •a. 'u:' •'. ;r{'' �J 7•. T4fi!.cr .•..f• .l.,t�.••{:,YS .�,:;.: :r �`rt;.•''!''' 'F•'t•4F••' ::1'• ••` •''�• J'<;, r a:,,.l•c ':t•.'' •,'i`-}'t'lVi,.tf�R.!;,,:.,, ,';2' r'i: 'I •�,;�. .,� .• Li. .rt :w•t5}t • ':yi,.' •,:ri.:oir S. �';:•ia;.e'-%;. ,OZ1G :#i:-:r•' insu'rane-%;Va—if`'i asFailure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that it copy of this statement may be forwarded to the Office of Investigations of the DUfor coverage verification. I do hereby certify under the pains and penalties ofperjury that the information provided above is true and correct Date ' Signature •. � - .' :. � .� •� � ' Phone# Print name official we only do not write in this area to be completed by city or town official permit/license# ❑Budding Department . .. city or town: [}Licensing Board ❑Selectmen's Office Q check if Immediate response is required ❑$earth Department , contact person: phone#; 00ther (revised Sept 2003) - wv:•c.nrrn. Information and Instructions Massachusetts General L'aws-chi pter 152 section 25•requires all emgloyers to provide workers' compensatidn for their employees-. As quoted from the `law", 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 mgre of the foregoing engaged in aj joint enterprise, and including the legal zepresentatives of a deceased,employer, or the-receiver or trustee of an individual,partnership,association or other legal entity, employing employees. 'Howevei.the owner of a dwelling house haying'notlnore than three apartments and-who resides therein, or the.oceupant,bf t1�e,dwelling house of another who eir�plbyspe1soxis to do maintenance, construction or repair work on such dwelling house or on the grounds or building.VPurteOnt thereto shall not because of such employment.be deemed to be an employer. • MGL chapter 152 section 25 also'states thatevery state'or local licensing-agency shall withhold the issuance dr 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;neither'the' ' coim onwealth nor.any-of its political subdivisions shall enter into any contract for the performance of public work unti acceptable evidence of compliance with t�e insurance requirements of this chapter have been presented to the contracting authority; Applicants Please fM iu the workers' eon pensatm affidavit completely,by checking the box that applies to your situation.• Please supply company name, address and phone numbers along with a certificate of insurance as all affidavits maybe submitted to the Department of ndustnal 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 ofIndustrial Accidents. Should you have any questions regarding the'"law"or if you are required to obtain a.rvorkers.'•compensation policy,please call the Departs=t at the number listed below. City or Towns . Pleasebe sure that the affidavit is complete andprinted 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 permct�hcense number which will be used as a reference number. The.affidavits may.be_returaed to the Depar rnPtW.ma�or FAX•unless othe"afi-mgements have been made. The Office of Investigations would like to thank ybu in advance for you cooperation and should you have any questions, please do not hesitate to give us a call. ' The Deparunentis address,telephone and:fax number: ' The Commonwealth Of Massachusetts- Department.of Industrial Accidents offfee of levesuptiens 600 Washington Street ' Boston,Ma. 02111 fax#: (617)727-7749 M. .�,,M, MA/T.A^nr% __J. •Ant j . Town of Barnstable Ero�,yo� Regulatory Servi.des Thomas F.Geiler,Director asr��$ ' $uI]dIllg Division leo spy . Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Fax: 508-790-6230 OffiCe: 508-862-4038 permit no. Data ' AI'b�DAVIT CONTRACTOR W SOU ppIX�MERoVEMINT NT TO pEpjar APPLICATION er-occupied ied MGL c.142A requires that the"reconstruction,alterations,renovation,repair,modernization, conversion, roverne it,removal,demolition,or construction of an aedd�itiiont 01 Prto structur_existing which are adjacent to- - ? u containing at least one but not more than four dwelling budmg be done by registered contractors,with certain exceptions,along with other such residence of buildtag requirements. a" an�x's�J n p '� zr Estimated Cost ;2 ad. 0 Type of Work' r S Address of Work, 1. S'ha J S'� Owner's Name: -- Date of App I hereby certify that: gegistration is not required for the fallowing real on(s)'. []Work excluded by law []lob Under$1,000 (]Building not owner-occupied [ROwner pulling own permit Notice is hereby given that: ES PULLING THEIR OWN PERMIT E ROVEMENT WORKDO NOT HAS owN� CONTACTORS FOR APPLICABIlE HOME IMPRo A CCTF-TO T��ITRATXON PRO GRAM OR GUARANTY I+'[TND UNDER MGL c.142A. SIGNED UNDERPBNALTIBS OF PERJURY Ihereby apply for apermit as the ageAt of the ow4er: Contractor Name Registrationl�Io. Date OR .---� °S• Owner's Name Town of Barnstable o� Regulatory Services * • Thomas F.Geiler,Director EAMSrABM MAC' i639. Building Division 9 `0eg' �A�FD MP'1 p Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION r / Please Print DATE: JOB LOCATION: Mnnt-- streeyt'��� village "HOMEOWNER": �1�C (4? J? Q3 name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and • to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor, DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Sign.ati a of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control.. HOMEO WNER'S*EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a fomiJcertifrcation for use in your community. Q:forms:homeexempt Qo 4aa �� b�� r,�4oa� . �rJ . 06� P � 1 r-s'�� kt Qo�sQ6��oo� �pg � �+ dA� I The Town of Barnstable • sa[uvsrwai,e. • `6,39.. 1 � Office of Community and Economic Development_ 230 South Street Hyannis,MA 02601 Kevin Shea Office: 508-862-4678 Director Fax: 508-862-4782 February 25,2004 Mr.John C.Klimrn,Town Manager Gary R. Brown,President Barnstable Town Council Barnstable Town Hall 367 Main Street Hyannis,MA 02601 Re: Bruce &Joanne Bissett, 11 Shammas Lane,Marston Mills - a single-family accessory unit. Gentlemen: This letter is to inform you that the Accessory Affordable Housing (Amnesty) Program has received a request(s) for a project eligibility letter(s) under the Community Development Block Grant (CDBG) Fund and under the General Ordinances of the Town of Barnstable,Article LXV- Pre- existing &Unpermitted Dwellings and the Criteria for the Local Chapter 40B Program The Amnesty Program is reviewing the request(s). If the Town has any comments on the project(s), please forward them to me so that they can be addressed in the site approval letter. This letter gives you official notice of our receipt of the above application(s). We will issue a decision as to the acceptability of the site and the consistency of this development within the guidelines of CDBG. S' cerel , Kevin Shea,Director � t Q Community&Economic Development cc: Town Attorney's Office Building Department n Public Health Department File:Q:CommDev/PT/AMS/REQLETTR.doc l RESTRICTIVE COVENANT BRUCE BISSETT and JOANNE BISSETT, both of 11 Shammus Lane, Barnstable (Marstons Mills) , Barnstable County, Massachusetts (the "Bissetts") are the owners of LOT 18 as shown on Land Court Plan No. 38973F, which said LOT 18 is improved with a single family residence and garage and has an address of 11 Shammus Lane, Barnstable (Marstons Mills) , Massachusetts (the "Property") ; The Bissetts have agreed with the TOWN OF BARNSTABLE BOARD OF HEALTH to the recording of a restriction as to the number of bedrooms which can be included and used on the Property as a precondition to obtaining a Comprehensive Permit under the provisions of M.G.L. Chapter 40B and of the General Ordinance of the Town of Barnstable Chapter III, Article LXV, more commonly known as the Accessory Affordable Housing Program, to permit the installation and use of a residential apartment (the "Apartment") on the second floor of the said garage now on the Property. The BISSETTS hereby declare that the Property shown as LOT 18 on Land Court Plan No. 38973F and described in Certificate of Title No. 115577 is hereby subject to the following restriction which shall run with the land and be binding upon all successors in title: No more than three bedrooms may be constructed and used at any one time on said LOT 18 . For example, in the event that a one bedroom apartment is located in the detached garage now on the premises, the single family residence thereon shall be limited to two bedrooms and in the event that the said apartment is abandoned or never used, the single family residence thereon may include three bedrooms . The above restriction shall be enforceable and modifiable only by the Town of Barnstable Board of Health. For our title see .Certificate of Title No. 115577 . Executed as a sealed instrument this cQ5 day of 4Ch 2004 . BRUCE BISSETT �S JOANRE BISSETT THE COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. .- a�Sr, 2004 Then personally appeared the above named Bruce Bissett and Joanne Bissett and acknowledged the foregoing instrument to be their free act and deed before me, o ary Public My Comm. Exp: JOYCE E.MARGRAF Notary Public Commonwealth of Massachusetts IWMy Commission Expires July 16,2004 2 a TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION I Map_4 Q Parcel Permit# "73 8 518 IBLE Health Division % o++ S7` � Date Issued )'Z 31 I03 Conservation Division J a e / - 0 i 9° 2 Application Fee Tax Collector SEPTldWfJJJ '- - '00 Treasurer • �� - V i;J!0H, INSTALLED IN COMPLiANwk; VIITH TITLE 5 Planning Dept. ENVIRONMENTAL CODE A�,!t. Date Definitive Plan Approved by Planning Board T=N REGULA TiC. Historic-OKH Preservation/Hyannis 3��6tierrS U.��/ co, ac"e Project Street Address Village `3 Owner � ����1IN� �S Address Telephone Permit Request lam-N < c(, W 00("0 h1 Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay © n Project Valuation . �.00 B Construction Type ►�1�� Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ©'� On Old King's Highway: ❑Yes ❑No Basement Type: C-Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) • Basement Unfinished Area(sq.ft) Number of Baths: Full: existing - new Half:existing new Number of Bedrooms: existing 3 new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: I/Gas ❑Oil ❑ Electric ❑Other Central Air: QYes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:Cf existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:4'e-xisting ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use UILDER INFORMATION Name. rr�7 Telephone Number Address License# 11110e,f 00 WWI Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE FOR OFFICIAL USE ONLY PERMIT ENO. DATE-ISSUED MAP/PARCEL NO. - r " r ADDRESS VILLAGE ` OWNER L S , DATE OF INSPECTION: _ 5 FOUNDATION 5 ' FRAME a t t INSULATION .r FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL ' GAS: ROUGH _ FINAL" ` FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. 1 - f The Commonwealth of Massachusetts P Department of Industrial Accidents - ,- 600 Washington Street Boston,Mass. 02111 Workers' C sation Insurance Affidavit-General Businesses Sri i is �� name: address: Cit,V state: 0 Gl zi X U hone.;�O ft_Tr /0'i(k work site location(full address): ❑ I am a sole proprietor and have no one Business Type: 0 Retail❑Restaurant/Bar/Eating Establishment working in any capacity. ❑Office❑ Sales(including Real Estate,Autos etc.) ❑I am an em to er with em loyees(full& art time). ❑Other I am an employer providing workers'compensation for my employees working on this job. . . :. . .. � . 411. address: .. .. . city' phone# ansurance.co::: ;';;:.;: olic. .#.: , F. / _. ... j.:.. ❑ I am a sole proprietor and have hired the independent contractors listed below who have the following workers' compensation polices: company name: ; address: city:. insurance co. MEN company name:.:.:: .. ...: .,.: : address n city:., hone it "olicy#.'' Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct Signature Date /-� j Print name Phone#E`� .7 r official use only do not write in this area to be completed by city or town official' city or town: permit/license# ❑Building Department ❑ response is required ❑Licensing Board check if immediate res P 9 ❑Selectmen s Office E ❑Health Department L(mviqed tact person: phone#; ❑Other Sept 2003) { Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the"law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such.employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation. Please supply company name, address and phone numbers along with a certificate of insurance as all affidavits 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. City or Towns 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. The affidavits may be returned to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents BMW of imstigaffons 600 Washington Street Boston,Ma. 02111 fax#: (617)727-7749 phone#: (617) 727-4900 ext. 406 �oF•sxerokti TOWri of B arnstable Regulatory Services esrar.E, : Thomas F. Geiler,Director 1639. ok Building Division TFD MPy Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 • Fax: 508-790-6230 Office: 508-862-4038 • Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition, or construction of an addition to any pre-existing owner-occupied bugging containnig at least one but not more than four dwelling units or to structures which are adj scent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. d `© G Type of Work: " °Q� a� Estimated Cost Address of Work: Owner's Name: Date of Application: I hereby certify that: Registration is not required for the following reason(s): []Work excluded by law ❑Job Under S 1,000 []Building not owner-occupied 215�er pulling own permit Notice is hereby given that: OARS PULLING THEIIt OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME M1PROVEMENT WORK DO NOT HVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. —OR uc� 8 �z4A&* f rss�e f Date Owner's Name I Town of Barnstable CF 1HE 1� Regulatory Services Thomas mas F.Geller,Director n AS& Building Division rEc Nw+. Tom Perry,Building Commissioner 200 Main Street,`Hyannis,MA 02601 )ff ce: 508-8624038 Fax: 508-790-6230 HOMEOWNER 14ICENSE EXEMPTION Please Print DATE: o�` ;-& o 3 JOB LOCATION:. l S/L � i� / /'G�`�A-1 A/ number street village , 'clIoMEowNER^: Z2�, 1 a cie lze lira o 2(y 3 4�0 of�-6 ? name home phone# work phone# CURRENT MAILING ADDRESS: ----------------- city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns-a parcel of land on which he/she resides or intends to reside, on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm,structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under'the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with.the State Building Code and other applicable codes,bylaws,rules and regulations. The=undersigned"homeowner"certifies that he/she understands the Town.of Barnstable Building Department inspection procedures and requirements and that he/she will comply with said procedures and requiremen ' Si Homeowner Approval of Building Official Nate: Three-family dwellings containing 35;000 cubic feet or larger.will be required to comply with the State Building Cods Section 127.0 Construction Control HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a persons)for hire to do such work,that such Homeowner shall act as supervisor" Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certificatiou for use.in your community. L oFt Town of Barnstable . anxivsrnsie. • Regulatory Services 9� 639 ,•� Thomas F. Geiler, ArFp�y s , Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Tom Perry FROM: Lois Barry L DATE: 10/29/03 RE: 11 Shammas Lane, MM We sent the attached letter on August 26, and received the certified mail receipt dated 9/4/03. I have not heard from the Bissetts—have you? If not, do you want to take any action? We received a copy of the Amnesty denial yesterday(copy attached). Town of Barnstable oFtK r Regulatory Services BARNSTABLE. 9 MAC Thomas F. Geiler,Director �A i6;q. ♦0 Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 August 26, 2003 Mr. &Mrs. Bruce Bissett 11 Shammas Lane Marston Mills, MA 02648 Re: 11 Shammas Lane,Marstons Mills Map 064/Parcel 109 Dear Mr. &Mrs. Bissett: We have been informed that your property is no longer being considered for the Amnesty Program; therefore, the property must be restored to single-family use. Please call Lois Barry,Division Assistant, 508 862-4039 to discuss the necessary steps towards compliance with the Town of Barnstable Zoning Ordinance. Sincerely, Tom Perry Building Commissioner CERTIFIED MAIL 7002 0510 0003 5436 1764 J030826A f 03 S P 18 PH I2= 58 BARNSTABLE TOWN CLERK Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2003-14- Bissett Summary DENIED Applicant: Bruce Bissett Property Address: 11 Shammas Lane,Marston Mills,MA Assessor's Map/Parcel: Map 064 Parcel 109 Zoning: Residential F Zoning District Groundwater Overlay: WP Wellhead Protection Overlay District Applicant: The applicant is Bruce Bissett,who resides at 11 Shammas Lane,Marston Mills,MA. Relief Requested: The applicant has applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B— §20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,Pre-existing&Unpermitted Dwellings,more commonly termed the "Accessory Affordable Housing Program." He wants to create an accessory apartment unit to a single- family owner-occupied residential dwelling in accordance with all the conditions of this permit. The issuance of this Comprehensive Permit would allow for an owner-occupied single-family residence with an accessory affordable apartment detached from the single-family dwelling. Locus and Background: The property is a 1.05 acre lot that is developed with a 3-bedroom,2-bathroom,4,267 square foot,Ranch Style family dwelling with a pre-existing detached garage that sits approximately 100 feet to the left and in front of and the single-family house. The applicant has owned the property for fourteen years. The applicant heard about the Accessory Affordable Housing Program through local media and has decided to create an accessory affordable apartment. The proposed accessory unit is to be created within the existing foot print of the detached garage. It will be a one-bedroom unit at approximately 500 square feet. The locus is in a Residential F,in WP Wellhead Protection Overlay District. Procedural Summary: This application for a Comprehensive Permit was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notice was sent to all abutters in accordance with MGL Chapter 40A The hearing was opened on March 19,2003,and continued to April 24,2003 and continued again to June 4,2003, and again to August 20,2003 at which time the Comprehensive Permit was denied. Public Testimony: Hearing Officer,Gail Nightingale,presided over the public hearing. Also present was Paulette Theresa- McAuliffe,Accessory Affordable Housing Program Coordinator. Opposition: Susan Lanahan of 49 Sharnmas Lane expressed concern over the number of bedrooms to be included in the application as the n �t houses in the area are all restricted to three (3) bedrooms due to the neighborhood's location in a Wellhead Protection Overlay District affecting the amount of wastewater discharge allowed. Findings as to Standing and The Comprehensive Permit: At the August 20,2003 hearing,the Hearing Officer made the following findings of fact: 1. The applicant is Bruce Bissett with an address of 11 Shammas Lane,Marston Mills,MA He has owned the property since September 13, 1988 as documented and recorded at the Registry of Deeds in Book 946,page 17. He is requesting a Comprehensive Permit to create an affordable rental apartment to be accessoryto the single-family owner-occupied residential dwelling. The applicant has submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting his ownership of the property. In addition,he has submitted a certified plot plan dated July 2, 1987. 2. The applicant was issued a Project Eligibility(site approval) letter dated February 14,2003 from Kevin Shea,Director,Office of Community&Economic Development,qualifying the application for the Accessory Affordable Housing Program. The source of the subsidyis the federal Community Development Block Grant(CDBG) program 3. The proposed rental unit would be approximately 500 square feet,and would have one bedroom It would be located in the pre-existing detached garage which sits about 100 feet in front of the main house. 4. According to the Assessor's record there is a total of 3 bedrooms on the roe in the main � � property rtY house. The site is in the WP Wellhead Protection Overlay District. The Public Health Division has verified that the proposed property meets the conditions of the State's Title V Environmental Code. Also,Public Health has approved an additional one-bedroom unit to be created at the property on the condition that the applicant makes a five foot cased opening (no doors) to eliminate the privacy of a"bedroom" in the main house in the room that he uses for a home office. This approval is as per the "Housing Amnesty/Public Health" Form dated February 3,2003. 5. The Barnstable Housing Authority completed an inspection of the property on September 20,2002. The applicant is aware that final building plans must be submitted and approved by the Building Commissioner prior to any issuance of a building permit and that the Building Division has to perform all necessary inspections to assure that the unit conforms with the approved plans and meets applicable minimum state and local code requirements. Building Commissioner,Tom Perry addressed a letter to the applicant dated June 2,2003 including the following concerns: a. In spite of obtaining building permits,the applicant did not follow plans according to the application prompting a"Stop Work Order"issuance by the Commissioner on March 26, 2003; b. According to the Commissioner, the property is in close proximity to a wellhead protection area,and although the commissioner is aware the applicant has spoken to Director of Public Health,Thomas McKean about..elimninating one of the bedrooms,he's not convinced"with the family members he has living in the house,that he has satisfactorily demonstrated the feasibility or practicality of eliminating a bedroom;" c. According to the Commissioner,this and all Accessory Affordable Housing Program applications need to qualif-as a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts, Chapter 40B—§20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,Pre-existing& Unpermitted Dwellings. As per Section 3:0:Amnesty Program,paragraph 3.1: 2 "Threshold Criteria:" "Real property containing a dwelling unit or dwelling units for which there does not exist a validly issued variance,special permit or building permit, does not qualify as a lawful,non-conforming use or structure, for any or all the units,and which was in existence on a lot of record within the Town as of January 1,2000;" or "Real property containing a dwelling unit or dwelling units that was in existence as of January, 1,2000 and which has been cited by the Building Department as being in violation of the zoning ordinance." According to the commissioner,"this structure was not in existence as of that date since no permitting was issued before September 12,2000. Amnesty does have provisions for creating an affordable unit;however,a Comprehensive Permit must be obtained first, followed by a building permit to allow the construction." "This wras not done"within this application. d. The Commissioner states,"For these reasons and other events that have transpired with this project,it is my opinion that this is not a good candidate for the Amnesty program. The building needs to be reverted back to what was originally permitted." 6. On December 12,2002,the applicants signed an Accessory Affordable Housing (Amnesty] Program Affidavit agreeing to comply with the program's requirements,including owner occupancy of the principal dwelling and further agreeing to comply with the provisions set forth in Article LXV(65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement&Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicant(s) as a"limited dividend organization" as that term is used under M.G.L.c.40B 55 20-23. 7. Under Chapter 3,Article LXV(65) of the Town Ordinances,the affordable unit must be rented at an affordable rent to a person or familywhose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA). 8. According to the Massachusetts Department of Housing and Community Development,as of January 10,2003,4.91% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minimum under M.G.L.c.40BSS 20-23 or its implementing regulations. Under the Town of Bamstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 9. The Heating Officer found that the application does not meet the standard of a Comprehensive Permit for participation in the Accessory Affordable Housing Program based on the following: a. The proposed unit does not qualify as per the Building Commissioner's letter of June 2, 2003 referenced above; b. The unit did not exist prior to January 2000 as an Amnesty unit; c. The applicant did not received a Comprehensive Permit prior to construction of a new unit as mandated under the requirements of"a newly created Amnesty unit;" d. The applicant never submitted a certified plot plan showing the proposed new construction; e. There have been several continuances on the application;and f. The applicant did not request a formal withdrawal in writing. Ruling and Conditions: Based on the findings,the Hearing Officer ruled and finds that while the applicant has standing to apply for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts, Chapter 40B —%20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre-existing and Unpennined Dwelling Units and for New Dwelling Units in Existing Structures," more commonly termed the "Accessory Affordable Housing Program," and based on the 3 I evidence and testimony that has been presented,denies the request for a Comprehensive Permit under Appeal 2003-14 to Bruce Bissett,at Map/Parcel 064/109, 11 Shammas Lane,Marston Mills. Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code,the hearing officer transmitted her written decision to the Zoning Board of Appeals on September 3,2003, and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2003-14 is denied. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk The applic t has th right to appeal this decision as outlined in M L Chapter 40B,Section 22. ightingale, aring f icer Date Signed I,Lmda Hutche ' er, 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 decisio been filed in the office of the Town Clerk Signed and sealed this day and ains and penalties of perjury. Linda Hu enrider,Town Clerk rJ"+ 4 a 1 °Ftr+E tom, Town of Barnstable �saxsns�$ Office of Community&Economic Development nt s6g9. �0 230 South Street,Hyannis,Massachusetts 02601 RFD MA'i A (508)862-4683 or(508)862-4678 Fax(508)862-4782 M E M O TO: Lois Barry CC: Tom Perry, Kevin Shea FROM: Paulette Theresa DATE: December 18, 2003 RE: Amnesty Units Dear Lois, This is in response to your "Prospective Amnesty....Units" List located.at the back of the program status report that you sent over dated 10/27/03. 1. 20 Harvard Street— Property owner, Howard Bennett is up for an Amnesty ZBA Hearing on January 7, 2004. 2. 149 Sea Street— Property owner(s), Martin/Sam Traywick was given approval by ZBA for a total of SIX (6) units. I know the Building Department has a discrepancy with 6 instead of 5. However, as suggested before, Tom P. needs to talk to Ruth W. State law requires 25% of the units be deeded affordable. Since there are 6 units, at least 2 illegal ones must be set aside in perpetuity. (See attached). 3. 11 Shammas Lane— Property owner, Bruce Bissett was denied his petition by the ZBA. His attorney, Bernie Kilroy will follow-up with a phone call to Tom P. regarding the possibility of renewing this application. (See attached). 4. 138 Winter Street— I'm not familiar with this one, nor do I know the status of it. 5. 144 Winter Street— I don't remember this one, nor do I know the status of it. 4:4 6. 1927 Falmouth Road — Property owner, Dan Hostetter. I believe after Legal ruled against it as an Amnesty possibility that Kevin S. referred this one over r, to Art Traczyk for them to consider this property as a straight 40B. t ; Thanks, Paulette 03 StEr 18 P I'l 1,2: 5 8 _BARN`SIFA�-BLE Tot it CLERK Town of Bar if�-Bible Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2003-14- Bissett Summary DENIED Applicant: Bruce Bissett Property Address: 11 Sharnmas Lane,Marstons Mills,MA Assessor's Map/Parcel: Map 064 Parcel 109 Zoning: Residential F Zoning District Groundwater Overlay: AT Wellhead Protection Overlay District Applicant: The applicant is Bruce Bissett,who resides at 11 Shammas Lane,Marstons Mills,MA. Relief Requested: The applicant has applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B — S 20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,Pre-existing&Unpermitted Dwellings,more commonly termed the "Accessory Affordable Housing Program." He wants to create an accessory apartment unit to a single- family owner-occupied residential dwelling in accordance with all the conditions of this permit. The issuance of this Comprehensive Permit would allow for an owner-occupied single-family residence with an accessory affordable apartment detached from the single-family dwelling. Locus and Background: The property is a 1.05 acre lot that is developed with a 3-bedroom,2-bathroom,4,267 square foot,Ranch Style family dwelling with a pre-existing detached garage that sits approximately 100 feet to the left and in front of and the single-family house. The applicant has owned the property for fourteen years. The applicant heard about the Accessory Affordable Housing Program through local media and has decided to create an accessory affordable apartment. The proposed accessory unit is to be created within the existing foot print of the detached garage. It will be a one-bedroom unit at approximately 500 square feet. The locus is in a Residential F,in WP Wellhead Protection Overlay District. Procedural Summary: This application for a Comprehensive Permit was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notice was sent to all abutters in accordance with MGL Chapter 40A_ The hearing was opened on March 19,2003,and continued to April 24,2003 and continued again to June 4,200'), and again to August 20,2003 at which time the Comprehensive Permit was denied. Public Testimony: Hearing Officer,Gail Nightingale,presided over the public hearing. Also present was Paulette Theresa- McAuliffe,Accessory Affordable Housing Program Coordinator. 01212ositio : Susan Lanahan of 49 Shammas Lane expressed concern over the number of bedrooms to be included in the application as the houses in the area are all restricted to three (3) bedrooms due to the neighborhood's location in a Wellhead Protection Overlay District affecting the amount of wastewater discharge allowed. Findings as to Standing and The Comprehensive Permit: At the August 20,2003 hearing,the Hearing Officer made the following findings of fact: 1. The applicant is Bruce Bissett with an address of 11 Shammas Lane,Marstons Mills,MA. He has owned the property since September 13, 1988 as documented and recorded at the Registry of Deeds in Book 946,page 17. He is requesting a Comprehensive Permit to create an affordable rental apartment to be accessory to the single-familyowner-occupied residential dwelling. The applicant has submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting his ownership of the property. In addition,he has submitted a certified plot plan dated July 2, 1987. 2. The applicant was issued a Project Eligibility(site approval) letter dated February 14,2003 from Kevin Shea,Director,Office of Community&Economic Development,qualifying the application for the Accessory Affordable Housing Program. The source of the subsidy is the federal Community Development Block Grant(CDBG)program 3. The proposed rental unit would be approximately 500 square feet,and would have one bedroom. It would be located in the pre-existing detached garage which sits about 100 feet in front of the main house. 4. According to the Assessor's record,there is a total of 3 bedrooms on the property in the main house. The site is in the WP Wellhead Protection Overlay District. The Public Health Division has verified that the proposed property meets the conditions of the State's Title V Environmental Code. Also,Public Health has approved an additional one-bedroom unit to be created at the property on the condition that the applicant makes a five foot cased opening (no doors) to eliminate the privacy of a"bedroom" in the main house in the room that he uses for a home office. This approval is as per the "Housing Amnesty/Public Health" Form dated February 3,2003. 5. The Barnstable Housing Authority completed an inspection of the property on September 20,2002. The applicant is aware that final building plans must be submitted and approved bythe Building Commissioner prior to any issuance of a building permit and that the Building Division has to perform all necessary inspections to assure that the unit conforms with the approved plans and meets applicable minimum state and local code requirements. Building Commissioner,Tom Perry addressed a letter to the applicant dated Tune 2,2003 including the following concerns: a. In spite of obtaining building permits,the applicant did not follow plans according to the application prompting a"Stop Work Order"issuance by the Commissioner on March 26, 2003; b. According to the Commissioner, the property is in close proximity to a wellhead protection jarea,and although the commissioner is aware the applicant has spoken to Director of Public Health,Thomas McKean about eliminating one of the bedrooms, he's not convinced"urith the family members he has living in the house, that he has satisfactorily demonstrated the feasibility or practicality of eliminating a bedroom;" c. According to the Commissioner,this and all Accessory Affordable Housing Program applications need to qualifi;as a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts, Chapter 40B— 20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article EM7, Pre-existing& Unpermitted Dwellings. As per Section 3:0:Amnesty Program,paragraph 3.1: 2 � I I i ) "Threshold Criteria:" "Real property containing a dwelling unit or dwelling units for which there does not exist a validly issued variance,special permit or building permit, does not qualify as a lawful,non-conforming use or structure, for any or all the units,and which was in existence on a lot of record,%ithin the Town as of January 1,2000;"or "Real property containing a dwelling unit or dwelling units that was in existence as of January 1,2000 and which has been cited by the Building Department as being in violation of the zoning ordinance." According to the commissioner,"this structure was not in existence as of that date since no permitting was issued before September 12, 2000. Amnesty does have provisions for creating an affordable unit;however,a Comprehensive Permit must be obtained first, followed by a building permit to allow, the construction." "This was not done"vitlin this application. d. The Commissioner states,"For these reasons and other events that have transpired with this project,it is my opinion that this is not a good candidate for the Amnesty program. The building needs to be reverted back to what was originally permitted." 6. On December 12,2002,the applicants signed an Accessory Affordable Housing (Amnesty) Program Affidavit agreeing to comply with the program's requirements,including owner occupancy of the principal dwelling and further agreeing to comply with the provisions set forth in Article LXV(65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement&Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicant(s) as a"limited dividend organization" as that term is used under M.G.L.c.40B §§20-23. 7. Under Chapter 3,Article LXV(65) of the Town Ordinances,the affordable unit must be rented at an affordable rent to a person or familywhose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA). 8. According to the Massachusetts Department of Housing and Community Development,as of January 10,2003,4.91% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minimum under M.G.L.c.40B§§20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 9. The Hearing Officer found that the application does not meet the standard of a Comprehensive Permit for participation in the Accessory Affordable Housing Program based on the following: a. The proposed unit does not qualify as per the Building Commissioner's letter of June 2, 2003 referenced above; b. The unit did not exist prior to January 2000 as an Amnesty unit; c. The applicant did not received.a.Comprehensive Permit prior to construction of a new unit as mandated under the requirements of"a newly created Amnesty unit;" d. The applicant never submitted a certified plot plan showing the proposed new construction; e. There have been several continuances on the application;and j f. The applicant did not request a formal a-ithdrawal in writing. I Ruling and Conditions: Based on the findings,the Hearing Officer ruled and finds that while the applicant has standing to apply for I a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts, Chapter 40B —§§20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre-existing and Unpennitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonly termed the "Accessory Affordable Housing Program," and based on the 3 L evidence and testimony that has been presented,denies the request for a Comprehensive Permit under Appeal 2003-14 to Bruce Bissett,at Map/Parcel 064/109, 11 Shammas Lane,Marston Mills. Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code,the hearing officer transmitted her written decision to the Zoning Board of Appeals on September 3,2003,and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2003-14 is denied. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk The app cant has the right to appeal this decision as outlined in MGL Chapter 40B,Section 22. G ' Nightingale acing icer Date Signed I,Linda Hutchennider,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 o<111�6.� 0 the pain and,penalties of perjury. Linda Hut enrider,Town Clerk ' yi r rt rl i I i II I i I i j 4 i Town of Barnstable Regulatory Services �RUAKAM Thomas F.Geiler,Director Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: ( � � 9 ATTN: FAX NO: FROM: �.DATE: PAGE(S): ((INCLUDING COVER SHEET) GA-.J t3 -i�°'0^' ..^���n�� .kr � �• t;�9.. �� y T F{ ,�•d.ytg5 rlt ..+ r�f r+�,lgl+�'`✓�fi "- i .' t --'�•.a� +� � ''"YJC+ n +S� a r r t` �f�i�ry i � � Ii+ry, rr9 �, �A�1 .,:_ . ,t �t...,tt •. � .�� `p! �.#��-4G•� .�� 4 .!"`�'y+}t I'S t1wr�{7�7,yi,��r�` � r�a+.. � ,�:�.•` �T 1 �r L . a 1 p.. '• . t s c CA. Yyr i t ; • .f pr V.f.+ r } '.� 'f ti '_� -:. .. }�`. „" 1 i '4i-� ti .<°�. • ..fry F Y , r: ti \ Y.. ` `ti. ? t �`�A t .. }, y�� R. �aaflr.•'" =5 ti'r�t+ ,k !-, 4 t t 0, r } �' fw `;��;':tavri. 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' �'t lC � � y(,... "µta '...y..i,�i �a,.�.rYc:+�F^`_.2. ,� . JoeM •s� r - r - w ae 4 51; 5,r , ", 'it., 'i, )F �-Z 1 1.7 1, IN ww i., V� V C OS. t S;ic 7,r w ". 3- 6;lr4 IN amm u;A3 a —Ju. rmmwg as. aFit 'k— amma 14 4 is -to _:4L ........... nozz'; 9F 21 j" 'A Q,�11:'I I IMAI i�z• ;RT,PN 1q,,6c 09 "'XFK�, I W.' 110 ���^" r a-L�r� SG'�'r 3� y'�.�,,." rt�! R .f� �%oT to 'A "AA I IN W t E Fq , N —4 • O -T- - M5V �4 peL "P W TR .i .......... a4v4 o ' A • va VW�1 l Town of Barnstable FTHE Tp� Regulatory Services Thomas F.Geiler,Director Building Division `* saaxsrasLE, Mass. Tom Perry,Building Commissioner 9�Ar i639,� `0� 200 Main Street,Hyannis,MA 02601 fD MP A Office: 508-8624038 Fax: 508-790-6230 June 2, 2003 Mr. Bruce Bissett 11 Shammas Ln. Marstons Mills, MA 02648 Re: Potential Amnesty Unit Dear Mr. Bissett: This letter is in regards to the property in which you own at 11 Shammas Lane in the village of Marstons Mills. The history of this is a building permit,#48593, was issued for a two car garage with a storage loft above on September 12, 2000. This department has a statement, signed by you at the time of permitting, that the loft above the garage will be used for storage only. The plans that you submitted with your permit application show two small dormers in the rear of the garage. The plans do not show any exterior stairs which are now existing. Where did permission to change the plans come from? As the homeowner a person has rights to change his property to anything he wishes, but the permission has to be done within certain perimeters. One of the perimeters is that proper building permits be obtained BEFORE work commences. A building permit was obtained but the plans which were submitted with the application were not followed. A stop work order was issued on March 26, 2003 to prevent this project to progress any further. The other issue which has arisen is the fact that this house is in a wellhead protection area. This area,because of its proximity to public water supply wells, is subject to restrictions as to how much water may be discharged from houses in this area. The main house, if it were to be permitted today, would be restricted to 3 bedrooms. The plans we have on file show that the main house presently has 3 bedrooms. I realize that we have discussed this with Tom McKean and you have offered to eliminate one bedroom in the main house. Presently, with the family members you have living in the house, you have not satisfactorily demonstrated the feasibility or practicality of eliminating a bedroom. One of the prerequisites of applying for the Amnesty Program is to transform a structure that had been in existence since January 1, 2000. This structure was not in existence as of that date since no permitting was issued before September 12, 2000. Amnesty does have provisions for creating an affordable unit however a comprehensive permit must be obtained first followed by a building permit to allow the construction. This was not done. f For this reason and for other events that have transpired with this project,it is my opinion that this is not a good candidate for the amnesty program. The building needs to be reverted back to what was originally permitted. A new permit needs to be applied for,in order to remove the illegal work. If you would like to appeal this decision, please contact this office at 508-862-4038 between the hours of 8:30 AM and 4:30 PM. Sincerely, I I Thomas Perry `— Building Commissioner CC: Paulette Theresa-McAuliffe Kevin Shea r -- 187 -59 . % N 44' 2 -�—48'� 0 � q LoT W8 738 SP,Fr_' I i V Ccw- SL 1 ' 1'9 cG • CERTIFIED PLOT PLAN ui co LOCATION SCALE / _ .�,' DATE !`7ia� !j l-°°3. ...... .... a PLAN REFERENCE cv EDAEl. �P C 1 LLE`( ✓� -� t o. 26100 o f' �fss �fCISiC��� 6A/LAG 7�?v�r1t�!T i .J `` SAL L���S I CERTIFY THAT THE .. ... .. . . . . , SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS SHOWN HEREON. WHEN CONSTRUCTED. DATE h47 REGISTERED LAND SURVEYa o�-THE r Town of Barnstable *Perini ti O,^ Expires 6 months from issue date y B,►xNsTnetr, : Regulatory Services Fee v t639. Thomas F.Geiler,Director �i°rED MAt a Building Division Tom Perry, Building Commissioner - XMPRESS MIT 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 APR 2 2003 Fax: 508-790-6230 TOWN OF BARNSTABLE EXPRESS PERNHT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number 7 A2 Property Address 1 1 Y1(.t.S 404- J—wrz ilyi j m f !j mA 0_0�1 OResidential Value of Work /. oz Owner's Name&Address C 4 e c— �?f�f 7Ua� Contractor's Name Telephone Number Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) ❑worlmmn's Compensation Insurance Check one: I am a sole proprietor I am the Homeowner ❑ I have Worker's Compensation Insurance A lj Insurance Company Name Workman,s Comp.Policy# Permit Request(check box) 2/Re-roof(stripping old shingles) All construction debris will be taken to Ll ac( I ��G(� ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows. U-Value (maximum.44) ❑ Other(specify) *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. Signature Q:Forms:expmtrg Revised121901 II APR.18.2003 10:0GAM BARNSTABLE COWECO.DEVELOPMENT N0.512 P.2i2 1 'down of Barnstable i HAMS 367 Main Street,Hyannis,Xsssachusetts 02601 l (508)962.4693 or(508)862.4695 Fax(508)862,4725 C M E M ® TO. Gail Nightingale CC: Tom Perry,Kevin Shea FROM: Paulette Theresa-McAuliffe DATE: April 18,2003 RE: Accessory Apartment ZBA Appeal#: 2003-14 Dear Gail, 1 met with Building Commissioner,Tom Perry and Conununity&Economic Director,Kevin Shea regarding the jiLcoessory Affordable Apartment application for Bruce Bissett of 11 Shammas Lane in Marstons Mills. It was determined that the Building Commissioner's Office needs mare time to evaluate the implications of the 330 Rule and how this application would comply with it because: 1. Assessor's Vision Card lists the property with tluee(3)bedrooms; 2. Applicant Submissions to the Building Commissioner's Office: a. Floor Plans of current house show there are technically four(4)bedrooms (because of a door on the den entry); and b. With the proposed Amnesty unit,still another bedroom would be added to the property, In light of this information,the Commission:is requesting the opportunity to do further investigation in order to properly render a decision on the application. Thanks, Paulette APR.19.2005 10:0GAM BARNSTABLE COM/ECO.DEVELOPMENT N0.512 P.1/2 Town Of Barnstable Office of Community and Economic Development .367 Main Street,Hyannis,MA 02601 Kevin J.Shea Office: 862-4695 Fax: 862-4782 Director FAX COVER SHEET Date: d COMPANY: bwC4 d6Lk Time: ,! AWN. TO: Fax: Phone: FROM: FAX: 1-508 862-4782 Phone;1-508 862-4678; 862-4683 Number of Pages including cover sheet, , MESSAGE: { TOWN OF BARNSTABLE DEPARTMENT OF HEALTH SAFETY AND ENVIRONMENTAL.SERVICES BUILDING DIVISION STOP WORK THIS STRUCTURE AND/OR PREMISES HAS BEEN INSPECTED AND THE FOLLOWING VIOLATIONS OF THE BUILDING CODE AND/OR ZONING ORDINANCE HAVE BEEN FOUND: 1) 1 .mr1e rc�G� c� nafr� �t 2) 3) 4) YOU ARE HEREBY NOTIFIED THAT NO ADDITIONAL WORK SHALL BE UNDERTAKEN UPON THESE PREMISES, OR THE PREMISES OCCUPIED UNTIL THE ABOVE VIOLATIONS ARE CORRECTED. ANY PERSON REMOVING THIS NOTICE WITHOUT PROPER AUTHORIZATION SHALL BE LIABLE TO A FINE OF NOT LESS THAN FIFTY, NOR MORE THAN ONE HUNDRED DOLLARS. Address Date uilding Commis loner A r QUERY PERMITS : QUERY END QUERY PERMITS PENTAMATION----------------------------------------------------------- 03/19/03 PERMIT NUMBER 48593 PARCEL ID 064 109 PERMIT TYPE BUILDA NEW BUILDING PERMIT ACCES DESCRIPTION 22 'x 26 ' DETA. GARAGE W/ LOFT STORAGE ONLY MASTER PERMIT INSPECTION REQUIRED REQUESTED SCHEDULED INSPECTED RESULT INSPECTOR BCHM BFIN 07/16/2001 R MTRO BFOD 09/28/2000 A MTRO BFRM 12/18/2000 A MTRO BINSU PRESS ESCAPE TO END DISPLAY V 03/19/2003 WED 15:44 FAX 508 862+4711 TOB - DPW - Engineering 001/003 Town of Barnstable : Engineering Department NAM 367 Main Street, Hyanuis, MA 02601 FAX Date: 9 -0-3 Number of pages including cover sheet, TO: FROM: Engineering Department. Phone: 50$-862-4088 Phone: Fax phone: 508-862-4711 Fax phone: C.5-0 g> -Z 9 6 _C.zx37 CC: REMARKS: Q Urgent ❑ For your review [3 Reply ASAP (] Please comment s u6 m ,r 4V -ra vs. -77-tF y 7-4.a yr c t�i.�c 4�J S r T L Q &Wr-kt7J 47 ZS -t- A-SS C-7-rSe4s A11)d �aTH i w n r crr� .1 .�.-, �^r IJtJr�oric.v ? L 1.L �-�t31 n *S 4P� �rC,4-T/U.v e>.v r1 e_ Voa r2 8 rr i �� ��o c%D — Cyr I�� '►�.J E-�a� ��� ✓t���� o�. L 03/19/2003 WED 15:44 FAX 508 862+4711 TOB - DPW - Engineering 2002/003 MAR-13-2003 THU 02:60 PM KEYSP.AN ENERGY FAX N0 508 394 5019 P. 06 I'age I of 2 P� MA3 v� O+ a Axe4 Town of Barnstable bs �� Department of Public Works Engineering Division 367 Mairt Street,I-Iyatutis MA 02601 Office: 508.862-4088 Fax: 508-SG2-ti711 Thomas 1.Mullen,l)irecttsr Robert A.TSttrgntann,P.L+. 0 -*vd 416"Q Town Engineer ROAD OPENING PEMIIT Permit No.'. Permit rice: Date: J / �--_-,03 Payment R c'd: IMP/Parcel: O&y Check No.: Trig Safe Acet, No. To:Town Manager Town o1:Btunstable Pursuant(o the provisions of the Charter of the Town of Barnstable and the applicable provisions of Lire Massachusetts acneral Taws,the undersigned respectfully requests that your written consent be given to dig up and/or two]under(Lo ground in the following public ways for the following purpose: co, 4*// ` Location:tt Z /�/ .s s�. /W r Purpose: /rlS 11 OeevilP two W Ilia undersiCaod agsoos to conform to all appl' able laws and ordinances,and to abide by all stipulations a1Ato the approved Permit In addition,die µndvrsigned agrees by the acceptance of this Pcmiit to be responsible for all acts in connection with this Pennitand has appropriate insurance eoveraga for coverage for any injuries to persons orproperty and indemnifies fie Town of Barnstable for Any of its acts in connection with this Pennit and to be responsible for trench rnainteueneo durina Ilia period of construction as well as trench repairs caused by settlement for a period of one year from the dart of project completion. NOTICE: The 11,11 inn a arilrlent must be notiflod at least 24 hQursjn advance of scheduled trenclr tom tactinn,_�ncl/oz renavin�._ ofpavemont is larohibitod at all timee unless prior approval is given ciEbMby(his permit Arptication or by_goniactina Ilia F+D inaor'rnn Jlyl -Newly paved roods have a five(5)year moratorium for cutting ofvavement nrtd barn}iLc a not be g cd unless the need for auttine is proven to be n necessity for emcrrccnaira^ (Property owners s(l;n rc) T elepbone number) // �UILL SIJ9-760-dh;4 (Licensed contractor name)(Type or Print) (Tetophow cumber) (Licensed contractors address)(whore permit is to be nailed) APPROVALS ]tcviewed by Ilighway Division: bate: special Conditions: 1,the undecsigned Director of DPW,Town:of Bamstabla,hereby give written consent to the excavation in the town way as requested and upon the conditions set forth above: this�._ —day of 1)lrcclor of DAV Town Managcr,Town of Barnstable NOTIC IP,TO APPLICANT: i°AEtach a detailod plan/skctclr indicating:proposed l;ralits of work and detail of ins(alla011113 r 03/19/2003 WED 15:45 FAX 508 862+4711 TOB - DPW - Engineering Z003/003 -MAR-13-2003 THU 02:61 PM .KEYSPAN ENERGY s FAX N0; 508 394 6019 P. '07 ' i Tar, PAO'VE:2 of 2 ► . F 'Town of Barnstable Department of Public Works Engineering Division 367 Main 5trcct,Hyannis MA 02601 Office: 508-SG2-4088 Thomas].Mullen,Director Fax: 508-862-4711 Robcrt A.Bergmann,11.13. Town Engineer ROAD OPENING PERMIT PROPOSED WORK DETAIL SKETCH Permit No. Date: Location: Contractor: � Tel. No,: MEN a i I � i OFINE 1pw Town of Barnstable *Permit# G S 7 C I Expires 6 months from issue date Regulatory Services Fee 3 7- d-° BMWSrABLE, t 9cb i S. 1� Thomas F.Geiler,Director ATED"""`A le Building Divisionp Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601w Office: 508-862-4038 j0- *01/ Fax: 508-790-6230 ��/OF EXPRESS PERMIT APPLICATION eq L Not Valid without Red X-Press Imprint �NST Map/parcel Number r I /O/ Property Address 1�A 6L-K 1v #S L—PW�— , fA residential OR R Commercial' Value of Work i Owner's Name&Address -�fVGe— 1 S5 >° Contractor's Name &N-1— y-T 1T' l Telephone Number Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) Eq*orkman's Compensation Insurance Check one: I am a sole proprietor I am the Homeowner © I have Worker's Compensation Insurance Insurance Company Name Ca_yttb Workman's Comp.Policy# �J�� 00000SZ/3 Permit Request (check box) Re-roof(stripping old shingles) ❑Re-roof(not stripping. Going over existing layers of roof) Re-side 7 Replacement Windows. 'U-Value 0° J g (maximum.44) Other(specify):)5J54 UN kot,4 - Gl, U s � tJLYtleZl �5 *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. Signature expmtrg Il i r .� TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map a62 '. Parcel � Permit# Health Division �3� '°` ' Date Issued ( Conservation Division !h1 Feeyy� � Tax CollectorGw • Treasurer 9 4 SEPTIC SYSTEM MUST BE INSTALLED IN COMPLIANCE Planning Dept: - WITH TITLE 5 Date Definitive Plan Approved by Planning Board ENVIRONMENTAL CODE AND Historic-OKH Preservation/Hyannis TOWN PECULATIONS Project Street Address /f Village , Owner Address Telephone 3091 'a-1,�� Permit Request o Square feet: 1 st floor: existing propose . 2nd floor: existing proposedZ Total new Valuation /. Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure �'�— �S Historic House: ❑Yes No On Old King's Highway: ❑Yes e'No Basement Type: 9'Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) � d® Number of Baths: Full: existing new Half: existing f` new Number of Bedrooms: existing_ new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: IGas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes Rl No Fireplaces: Existing �� New Existing wood/coal stove: ❑Yes Detached garage:❑existing ❑new size Pool:Od'existing ❑new size Barn:O existing ❑new size Q X Attached garage:existing ❑new size Shed:U existing ❑new size Other: Zonis g Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# TCurrbnt Use Proposed Use BUILDER INFORMATION Name Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE g `� FOR OFFICIAL USE ONLY 0 IT.NO.._ ATE ISSUED ` ' MAP/PARCEL NO.' ` r ADDRESS, = ,., VILLAGE h OWNER -;� _�o.s 1 .4 ' • r • + � -- t �� DATE OF INSPECTION?. FOUNDATION ' FRAME t a INSULATION FIREPLACE ELECTRICAL: ROUGH; FINAL PLUMBING: ROUGH " FINAL, GAS: ROUGH> �" ` FINAL - FINAL BUILDING l d�l1; 3ivit 0 DATECLOSED'OUT ASSOCIATION PLAN NO. i QUERY PERMITS : QUERY END QUERY PERMITS PENTAMATION---r------------------------------------------------------- 03/19/03 PERMIT NUMBER 48593 PARCEL ID 064 109 PERMIT TYPE BUILDA NEW BUILDING PERMIT ACCES DESCRIPTION 22 'x 26 ' DETA. GARAGE W/ LOFT STORAGE ONLY MASTER PERMIT INSPECTION REQUIRED REQUESTED SCHEDULED INSPECTED RESULT INSPECTOR BCHM BFIN 07/16/2001 R MTRO BFOD 09/28/2000 A MTRO BFRM 12/18/2000 A MTRO BINSU PRESS ESCAPE TO END DISPLAY � �� ��f �bde C�w� w; ll �� �'� S�� �`��r �� i wypp IKE I K •RARNR7ARlF. MAR& i67A �� !!!!!!Town of Barnstable Accessory Affordable Housing Program!!!!!! Notice of Public Hearing Under The Zoning Ordinance March 19, 2003 To all persons interested in, or affected by the Zoning Board of Appeals under Section 11, of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendments thereto you are hereby notified that: 6:30 P.M. Bissett 40B Comprehensive Permit Appeal 2003- 14 Bruce Bissett have applied to the Zoning Board of Appeals for a Comprehensive Permit under the General Laws of the Commonwealth of Massachusetts, Chapter 40B—"Affordable Housing,"and in accordance with the General Ordinance of the Town of Barnstable Chapter Article LXV, "Pre-existing and Unpermitted Dwellings Units and for New Dwelling Units inIII, Existing Structures." The applicant is proposing to create a new unit to be used as an accessory affordable apartment. The property is shown on Assessor's Map 064 Parcel 109, commonly addressed as 11 Shammas Lane, Marstons Mills, MA, in an RF Zoning District. i . The Public Hearin will be held at the Barnstable Town Hall, 367 Main Street,Hyannis, MA, Hearing Room, 2n Floor; Wednesday, March 19,2003. Plans and applications may be reviewed at the Office of Community and Economic Development, Town of Barnstable, Accessory Affordable Housing Program, 230 South Street, 4ch Floor,Hyannis, MA or at Town Clerk's Office, Town Hall, 367 Main Street, Hyannis,MA. Barnstable Patriot 2/28,�03 & 3/07/03 Gail Nightingale, Hearing Officer Zoning Board of Appeals i I Q:COMAIDEV/Pf/Amnesty/Amn.Lgn.Mar.03.doc L HABNBGBIE• . Y NABS ED MPyA Town of Barnstable Accessory Affordable Housing Program Single-Family Requirements The "Accessory Affordable Housing Program" has a number of requirements that must be met and maintained by the individual receiving the comprehensive permit. The requirements of the program are numerous. The following list summarizes the major points of the program that all single-family dwellings receiving a permit must comply with. The,rnaxiir_urn amount of resit (including utilities) iLc set by the Depart*rnent of Horsing and Urban Development(HUD). The unit can onlybe rented as affordable to families whose income is 80% or less of the median income of Barnstable=Yarmouth Metropolitan Statistical Area. Tbay, the income limits are$31,650 for one person and$36,150 for t uo persons. Rents and utilities may not oc w�d$848.00 per no th for a one broom or 1018.00 per mmth for a tuo bedroom • The unit is an accessory unit to an owner-occupied single-familydwelling and bound by the Comprehensive Permit Decision,the Regulatory Agreement and Declaration of Restrictive Covenants. All are recorded at the Barnstable County Registry of Deeds against the property. • Town staff reviewed the application and the Barnstable Housing Authority completed an inspection of the unit. The unit has passed, or will be able to pass all points of that inspection and staff advances the application forward for a site approval letter as being qualified for the program. All urazs are x-inspected by the Towi's Buil4Dhision after the permit is issual to assure that all nea'ssary inPww ntsrre t are nu&to nwt •nzinwnstate bui&rand fire ales. • The applicant may select their own tenant(s) provided the tenant(s) meet all requirements of the program and provided that person(s) income is reviewed and approved bythe Barnstable Housing Authority as a qualif ied individual. The nrmtorirg agent for the program a the Barnstable HousiregA tehmty • The unit must be rented on an open and fair basis. When a vacancy occurs,the unit must be listed as available with the Barnstable Housing Authority and Housing Assistance Corp. • All leases shall have a minimum term of one year. Each year,the applicant files with the Barnstable Housing Authority a yearly affidavit listing the rent • charged and income level of the occupant(s) to verifycompliance. • The Comprehensive Permit is not transferable without prior approval of the Hearing Officer or Zoning Board of Appeals. For more information,please contact Paulette Theresa-McAuliffe,Project Coordinator,Office of Community and Economic Development,230 South Street,Hyannis;MA.Phone (508) 862-4683. Q: CommDev/PT/Amnesty/REQS.doc - 7 The Commonwealth of Massachusetts Department of Industrial Accidents �``°--�'�'--��� Olfice oflntrestigatigns 600 Washington Street a i Boston,Mass. 02111 Workers' Compensation Insurance Affidavit riii�r � I location � �.�1, ,��� 93 city S phone# a— I am a homeowner performing all work my elf: ❑ I am a sole proprietor and have no one working in any capacity ❑ I am an employer providing workers compensation for my employees Working on this job comaanv name: s. address: city: hone# olicv# insurance co. ////w////%//%i%/%/%////%/////////////%/ / /// ❑ I am a sole proprietor, general contractor, or homeowner(circle one)and have hired the contractors listed below who have the follo«zng workers' compensation polices: comoanv name: address: one # city: insurance co. ohcv# Vol comnanv name. address: hone#. city-. - tilicv insurance co. - / 4, Failure to secure coverah as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a tine up to 51,rstan and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a tine of S100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. I do hereby certi der the pains d pen jury that the information provided above is trap an correct Date � Signature Print name r'u�- S vv Phone# 6 e' oincial use oniv do not write in this area to be completed by city or town official Buildin Department # permit/license# ❑ g p 1. city or town: { ❑Licensing Board � ❑Selectmen's Office rz ❑ check ltimmediate response is required ❑health Department s s: phone#; Other s a contact person: (r_vL:ea v.95 niAI i Information and Instructions 5 requires all employers to provide workers' compensation for their Law employee is defined as every Person in the service of another under any contr Massachusetts Genera from the chapter an 52 section 2 qua employees. As quote of hire, express or implied, oral or written- oration or other legal entity, or any two or more o: partnership, association, core or the 1eceive An employer is defined as an mdividuai, P the legal representatives of a deceased employer, the foregoing engaged in a joint enterprise, and including employees. However the owner of a partnership, association or other legal entity, employingant of the dwelling house of trustee of an individual, p apartments and who resides therein, or the'Occupant ounds dwelling house ham not more than three ap house or on the gr Joys persons to do maintenance , construction or repair �p d to be an employer. another who emp Y P building appurtenant thereto shall not because of such employment state or local licensing agency shall withhold the issuance or rene7 MGL chapter 152 section 25 also states that every for any applicant who h o erate a business or to construct buildings in the commonwealth dditionallY2 neither the of a license or permit to p compliance with the insurance coveragerequired.e fformance of public work unto not produced acceptable evidence of comp enter into any for the p ctin-E commonwealth nor any of its political subdivisions shall into of this chapter have been presented to the contra acceptable evidence of compliance with the insurance requirements authority. Applicants lies to your situation and completely,by checking the box that applies �y be compensation affidavit comp with a�� of insurance as all affidavits please fill in the workers' comp hone numbers along Also be sure to sign ant supplying company names;address and P Accidents for confirmation of insurance coverage. submitted to the Department of Industrial a returned to the city or town that the application for the permit or license is affidavit. The affidavit should b have any questions regarding the"�a'"or if date the Accidents. Should you ayean at the number listed below. requested, not the Department of Industrial being a workers' compensation policy,Please call the Department are required to obtain City or Towns ace at the bottom c printed legibly. The Department has Provided a he licant. Please that the affidavit is complete and p ons has to contact You regards the app Please be sure be retumed' affidavit for you to fill out in the event the Office of Investigations ber. The affidavits may be sure to fill in�Pe�tlhcense number which will be used as a reference Hain Department by mail or FAX unless other arrangements have been made. the Dep estio ons would like to thank you in adva�e for you cooperation and should you have any qu The Office of Investigations please do not hesitate to give us a call. MEN The Department's address,telephone and fax number: Massachusetts The Commonwealth Of M Department of Industrial Accidents 4 Depa Oftic a of lovesd0adons 600 Washington Street Boston;Ma. 02111 fax#: (617) 727-7749 phone#: (617) 7274900 ext. 406, 409 or 375 ES TIMA TES PROJECT COST WORfCSHEET Value LIVING SPACE (high end construction) square fmt.x$1151sq. foot= (above average construction) square feet X$961sq.foot= (average construction) square Beet X$571sq foot= T 3� GARAGE XNFI ISHED) square feet X$ZS/sq.foot= PORCH square feet X$ZO/sq.foot= DECK square feet X$151sq. foot= OTHER square feet X$??lsq. foot= Estimated Cost Total .-.... __.-:•�..-:�._�i�-�—•.-__..__ems-•_•.�—.+�:•..c�.." . 1 .7 .une -.own Of Bariistabie 9 Department of Health Safety and Environmental Services -F� Building Division 367 Main Sam::Hyannis MA 02601 Office: 508-862-4038 Raioh Crosser. Fax: 508-790-6230 BuiIdinz Cott= Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERKM APPLICATION MGL c. 142A requires that the fiction,anions,renovation,repair,modern conversion, improvement,removal,demolitiam,or structicm ofan additiea to any pre-existing owner-occupied building containing at least one but not more thaw fow dwelling units arto saucy=which are adjacent to such residence or building be done by registered eonaactaas,with certain exceptions,along with other requirements. Type of Worm 0.) I T Estimated Cost /61 r .�Address of Work 1/ S h�c-¢ram-iv�e,�� Ownees Name.-- I ) -�R> Date of Application: L l I hereby certify d= Registration is not required for the following reasm(s): Work occluded by law ; QJob Under SI,000 ❑Building not ownaLocc*ed )ZAwsa pa ng own Permit Notice is hereby given that: OWNERS PULLING THEIlt OWN PE MM.ORDEAL NG WITH UNREGIB • • CONTRACTORS FOR APPLICABLE HOME IlV1pROVEIENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR-GUARANTY FUND UNDER MGL c. 142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner. Date Cont actor Name Registration No. •/ 00 OR 777 D ale Owner's Name I PER 17 ASPHALT SHNGLES Ixb FASCIA BD. t IXi TRrm Ix4 TRIM " Ixb TRIM { Ix4 TRIM Ixi FASCIA MD. 26 Ga.METAL FLA 44NG IX6 TRIM b' m"xl'•m" OH. GAR OR b'-m'xT'-m" ON. GAR OR — Ix4 TRIM }+ > Ix4 TRIM 4'•mk�'-m• Fi�ONT ',/,4TION � APRGN N H CONC. STOOP SCALE /4,,J-0 -1x8 RAFTERS • tb" O.C. I xb FASCIA BD. - 2x6 CEILING J018TS • Ib" O.G. 2x& RAFTERS • Ifv" r i i W f lH \f�-HANDRAIL � 2XI? FL J01878 • 12" O.G. c _ ?'2XI?'8--_ - _� 2-2X12'8 � � r r • 4" CONC. SLAB A2 _ G �I A-A GR05S 5ETIO___ SCALE pia"•I'-0" �� 83 • A ' - tti.� �k� aa�� ^rye`._� �. O.ONG.STOOP Z0'-®" 6 -0 x 2-2x12 HDR 2868 GENERAL NOTES I, DESIGN LOADS Floor : 40 p. s. f. live load Roof : 40 p. f..s. live load 10 P. s. f. dead load 10 P. 6. f.dead load 9 0 Soft Pressure 20VO p. s. f. A NOTE VerTfy design loads with local codes 4 site condltlons. NOTE Cr'nck with local butlding dept. officials for wind, Q/ 4L" TYPE "X" GYP.BD.W/ a► seismic,snow or othx special loading conditions. p 1 hr.FIRE RATING ON ALL =Cl 2 p WALLS AND CEILINGS ADJACENT 0 . An Engineer shell inspect site after the excavation is X� TO LIVING AREAS. complete to determine the two of foundation system N `'` 6 required to satisfy the soil condition at bearing depth GARAGE fj, L UMME 4" CONC.SLAB W/ A. Provide lumber 646,S-DRY unless otherwise noted, grade ma TO LIGHT 9 mod. 6 ABOVE w6,10/10 Ui W.M complyN►g with P820 and the following requirements _ 1 ¢�Mtuds (2"-4" thldc. 2"-6" wide. 10' and shorter) : 9 � � 0 "Stud" or No. 3 structural light framing grade, any epecleb graded ' under WWPq WCL18, SPI13 or NLGA rules. 2. Structural I&Iots and blanks (2"-4" thld.9" and wider) : _ 9 Any species and grade complyTng with requirements for e allowable unit stresses. A 9 GAR.DR `A Q Fb (minimum extreme fiber stress in bending) : 1350 p_ s. 1. OP£NER 'p E (minimum modulus of elasticity) : 1,40OA:kW p. e. 1. p( _- 3, 1V�a a=° COPYRIGHT 1992 r n. ALL DRAWN AND WRITTEN i A IW-CRMATION APPEARING HEREIN UP SHALL NOT 5E DUPLICATED, a J DISCLOSED OR OTHERWISE USED B WITHOUT THE WRITTEN CONSENT �p 9 `o OF DONALD L.MARSHALL AJA NT �p ly�ta SEALANT 1/2"MxlO" A$. 4" CONC. SLAB W/ EXP. JOINT MONT.)H d GRD. - bxh 10/10 WW1"1. 2,_0a GONG APAPRONSX: 8'-0"x '-0" GAR DR b'-0"x1'-0" GAR DR VAPOR>3ARRfER 2 2x HDR 3-P►s"xll%" MI -LAM BM. DR bxb 10/10 W11J1'L 2'-®" GONG. APRON lot I.-Do Q CONG.WALL � 26'-0" 4 GRANULAR FILL •f s 5 DOUELS a 24" Or— COMPACTED S , " ' a •� •. COMPACTED EARTH I •I 12 COG,STOOP 26 A MAIN LEVEL FLOOR FLAN > J ° • °' CONC.FOUNDATION A2 tZ ZE V■i'-0" GONG.FOOTING hill (I)PETAL 2 ET,AfL Al nr�i t t�a_�i_Tn \ Al JSCALE toi,.. '-0" fi 142161 � — A - - - - - - - - - - - -- -- - - -*-- - - - - - - - - - - - - A2 `. i ON f4A, Lf ,vr=L LDf=l TO °5WITGH BELOW 22' .0t/2" A e I 2-2xb HDR 1-2xb HDR 4'-6" 5 -0 UPPER Ufi Ip ER LE\/r=L FLOOR PLAN 8C ALE '/4"■I'-0" FIN. GIRD. I4'-O"x4'-V A GONG. STOOP A2 �— 4'-0"x4'-0" A GONG. STOOP A2 RECESS FOUNDATION FOR CONC. SLAB i Jr I 2x40VIDE TREATED SILL PLATE W/ 1i2"oxl0" ANCHOR BOLTS SPACED 4'-0" Or— (MAX) AS NECESSARY TO MEET ARCHITECTURAL FRAMING i DETAILS �- 4" CONC. SLAB W/ —� bxb 10/10 W.WI"I. I y e 8" (TYR) n I V2" EXP. JOINT CONT. i . I 8" GONG, FOUNDATION WALL- .. : I I6"x8" CONT. GONG. FOOTING- RECE88 FOUNDATION FOR CONIC. SLAB 1, 1 6'-8" 8'-0" AI I _8 8,_m, I Bill it - k .�i ,� LONG. STOOP FOUNDATION _FLAN ,. SCALE .'44"-I'-O" 2x8 RAFTERS 16" O�C- 12 ;;: � R-19 BATT INSUL. --�\ 4 i 7x,6 BLOCKING I llb F ASG'A 2 xb GE I L.ING JO I ST8a 46" PL YW'D.- t," GYP. BD. SOFFIT 2x4 STUDS 16" I/16" WAFFER W. -- PER ELEV. R-il GATT RJSl1L. R-30 MWLATION. 2x12 FLR JOISTS 01: J /�"v" 03 4" GONG. SLAM U,J►4 L 5E C_T I O\1 - 5 ALE /i"•1'-m" EAT / — '/W UDR Mh. •I i • f 5/4 TREADS bd FASCIA MO. 3/4 PR# RISERS 46" IDLY-WV. SOFFIT 3_ZxIZ 'SMINCaERB 2-2xi2 NpR 2 D TAIL. I D , r �FIHE TC��O ' Department of Health Safety and Environmental Services Building Division BARNST"L& : 367 Main Street,Hyannis MA 02601 KAM 9 1659. ♦0 �ATED MA't Ralph Crossen Office: 508-862-4038 Building Commissioner Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: l �� JOB LOCATION: village number street "HOMEOWNER': home phone# work phone# name CURRENT MAILING ADDRESS: 6 city/town state zip code _.. The current exemption for"homeowners"was extended to include owner=occupied dwellings o six wets or less and to allow homeowners to engage'an individual for hire.who.does not possess a license,provided ` that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family 4welling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said proced d requirements. Signature of Homeo Approval of Building official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section-127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case;our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately l i sire,as part responsible.the permit To ensure that the homeowner is fully aware of his/her responsibilities,marry require, application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. Q:FORMS:EXEMPTN �,�� �I /.-�f �6o�e C���- ,�;1/ /�v'� �j .' w r ... <� .i ..rein-p �l.Y;- t,i' '! `.. . , _. ;• `. 3 _ h c i t a Z-7- y .� 738 s�,. 7- i( 1 CERTI FI ED PLOT PLAN LOCATION SCALE .... DATE PLAN RE J- •••• z `sFEREN j87 CE . .Bt7,vG•�T'a �( 7 � ,. . . . . t CERTIFY THAT THEis7- SHOWN ON �^!C• �vc.�v77o AS SHOWN THIS PLAN IS LOCATED ON THE OA ti GROUND HEREON AND THAT IT CONFORMS TO THE SETBACK REOUIREMENTS OF Tr L�•�� � . .��!-s7�,�4rr .... . . . .WH NTOWN OF �f DATE T �1�87 CONSTRUCTED, 9• s � ?xb f . TER6 • Ib" Off. r2 R-M BATT INSUL. —�, 4 j ?Xb ®LOCKMG- IAt FASC,A— _._.. ,\ 2x6 CEILING JOISTS. 2x4 STUDS 16" OLG-- - 1/16" WAfER 5D. 81D ING A8 --- a PER ELEV. R-il pATT INSUL. R-30 INSULATION%-:? 2xI2 FLR. JOISTS •`1: A? , �" TYPE "X" G,'P. DD. " r- 4" CONC. SLAG LU,4 L5ECTION - 5 SCALE 174"•1'-m" EAT i — -A6" WAR" 5D. / 2x12'S • 16" Or—. r:. 4f \ • 5/4 TREADS • bcb FASCIA W. 3/4 PI1"m RISERS 46" PLY/UPD. SOFFIT 3_2x12 STRtl` R 2-2xi2 NDR 2 D�T�IL I DE1y� SCALD;. 1 ASPHALT 244MbLE8 Ixb FASCIA W. • 9 Ixf TRIM Ix4 TRIM A IxD TRfM Ix4 TRIM Ix6 FASCIA BD. UpGa.1>£TAL FLA6NhJ4 r Ixb T72M 1'-0" OH. GAR DR 8'-m'xT'-�" ON. GAR DR -- Ix4 TRfM �+ O Ll TRIM - i GONG. APRON 4'-m•x4'-m' FRONT ' '447.1 ON CONC. STOOP SCALE i"•I'-m" I-p• 9'_6• T. RIDCsE BD. _ x /--2x8 RAFTERS Ib" O.C. Y 4(�- �, I \ Ixb FASCIA 60. CEILING J018t6 16" OZ. 1xb RAFTERS Ib" ep r I I HANDRAIL e i 1xl?�L JOISTS 12" O.G. 2 — -- 2-1x11'5--- 1-2X12'5 I r - 9' • 1 • I 4" CONC. SLAB A2 GROSS SECTIQN r4-,4 SCALE ��`r•r-�" -- 1 t A2 a �N` GONG.8T001' 20'-0" 2868 L.C. uR"AaFl GgENERAL NOTES I. DESIGN LOADS Floor : 40 P.s. f. live load Roof 40 p. f..s. live load 9 10 P. s. f.deed load 10 P. S. f.dead load Soil Pressure 2000 p. e. f. NOTE Verify design loads with local codes 1 site conditions. NOTE CheckI h with local building dept. officials for wind, r I r.FIRE RATING ON A TYPE 11r. GYP.BALLL0. a► seismic,snow or other special loading conditions. 0 z p WALLS AND CEILINGS ADJACENT An Engineerll inspect site after the excavation is `=' TO LIYMG AREAS. she x omp to determine the ty N pe of foundation system c lete 9 required to satisfy the soil condition at bearing depth C4 GARA3E I. LAB TO LIGHT 4" CONG. SLAB W/ er A. Provide lumb 646,6-DRY unless otherwise noted, grade marled, 6x6 10/10 W.W.M. Iywsg with P520 and the following requirements '�� ' Q i �s (2"-4" thld� 2"-6" wide 10' and eF>QrtQrJ : - a "Stud" or No. 3 structural light framing grade, any species graded O under WWPq, WCLIB, SPIS or NLGA rules. 2. &UurAural ,I¢ists and planks (2"-4" thicl.5" and wider) : E Any species and grade complying with requirements for allowable unit stresses. A GAR DR Fb (minimum extreme fiber stress ►n'bending) : 1350 p. s. i. OPENER E (minimum modulus of elaeticit ) : 1,400AP00 p. e. 1. COPYRIGHT i992 �=' .- ALL DRAU+N AND WRITTEN " nn 6 INFORMATION APPEARING HEREIN UP r. SHALL NOT BE DUPLICATED, 3 B J DISCLOSED OR OTHERWISE USED U WITHOl1T THE WRITTEN CONSENT fa 9 .p OF A DONALD L.MARSHALL A - . NT ap SEALANT • `r EXP. JOINT V2"1xi0" AB. 4" CON(--. B SLA W/ , SG S'-0"x '-0" GAR DR S'-0"x1'-0" R DR GA 2 _0" d GRD.1 GONG APRON 2 2x HDR R 3-IA4-xIN- MI RO-LAM BM. HD (CONT-) VAPOR BARB ER 6x6 10/10 W111M ?'-0° CONIC. APRON • — �'— -0 1'-S" 9'-S" 3'-S" CON IC.ONIC. WALL 4" GRANULAR FILL.` •f •5 DOWELS • 24" OG. 4'-fa"x4'-0" • COMPACTED EARTH I I12 A GONC. STOOP V tvt /l III Y L� -OOR FLAN e UPI IC LE 1/4-l'-m" - � ' CONC.FOUNDATION F — CONC.FOOT ING �1DETAIL z ET,41L -- mr Al t li n_,i_Tn Ai 3--ALE �/i"•I'-0" .P a.� . I 1 f C { Jl 142167 - - - - - - - - - - - - -- -- — A A2 i ON +rU ,OFT _ � e TO SWITCH BELOW cti I A f � H 2-2xb I-DR 2-2xb HE)R ;', .,e, • UPPER LE)d==L FLOOR PLAN SCALE l4--I'-0" FIN. GRD. C4'-m"x4'-m" p CONG. STOOP' A2 �,a ' ` P �- 4'-0"x4'-0" 2 CONC, STOOP 26'-0" 41- " -0" b I ' RECE88 FOUNDATION y I FOR GONG. 8L AB ?40VIPE T'R£ATED SILL PLATE I LJ/ 1i7"4xI0" ANGNOR E50LT8 SPACED 4'-0" OL. (MAX) j AS NE0E58ARY TO MEET ARCHITECTURAL FRAMING - \ ETAILS I --- 4" GONG. BLAB UU/ - foxb I0/10 W.W! I. j - I i Q 51' N N ! x EXP. JOINT CONT. 0 I 3 ' 8" CONC. FOUNDATION WALL I6"x8" CONT. GONG. FOOTING j ... I RE CE88 FOUNDATION- FOR GONG. 6L,45 \ T; oil4 -0 I � 2 6 -8 8,_01, -%' I L'=811J 8'-0 -8 . I GONG. STOOP �J- r l r 0 zu �02 �T�eL �jGAwt 10-14•ob � 01pN OF MAss9c� CHARLES F. yN o FEWORE STRUCTURAL a U,N0.34359 aA9� 9F61 ST ®S� NAL � �� �3f c�bope, ��`�y- v�� l� �t � �� S�r�s= Defy � ��n � � �( /` 67— Ya-7 Assessor's Office(1st floor) Map �, Lot 1 Permit# 1(p`7r T Conservation Office(4th floor) 1-20-1 Date Issued & Board of Health(3rd floor)(8:30 9:30/1:00-2:00) Fee` Engineering Dept.(3rd floor) House#1 / ,� �3' A o — V � .Planning Dept.(1st floor/School Admin.Bldg.) INST 0 T BE $ CE Definitive Pla! ppro""".e by Planning Board 19 WITH a `�VMNAW o ND y, TOWN OF.BARNSTABLOWN. s Building Permit Application ,. Project Street ress 11 Shammas Lane Village Marston Mills Owner Mr. & Mrs. Bruce Bi ssett Address 11 Shammas Lane, Marstons Mills Telephone (508)420-2183 Permit Request To repair dwelling from fire damage 1 . Replace 1 load bearing interior wall . 2. Replace 5 windows and 2 doors. .3. Replace 992 s.f. of ,attic insulation. (No changes to exterior) Total 1 Story Area(include 1 story, garages&decks) 2,025 square feet Total 2 Story Area(total of 1st&2nd stories) square feet Estimated Project Cost $ 23,000.00 Zoning District Flood Plain Water Protection Lot Size Grandfathered ? Zoning Board of Appeals Authorization Recorded Current Use Single Family; home Proposed Use Construction Type good frame 8" poured foundation Commercial Residential Dwelling Type: Single Family X Two Family Multi-Family Age of Existing Structure Approx. 10 years Basement Type: Finished partially Historic House No Unfinished Old King's Highway No Number of Baths 2 No. of Bedrooms Total Room Count(not including baths) 7 First Floor 7 Heat Type and Fuel Oil. F.H.A. Central Air Fireplaces 1 Garage: Detached. Other Detached Structures: Pool Attached 2 car Barn None Sheds Other Builder Information Name Richard J. Lennox, Pres. BENABBY, INC. Telephone Number (508)477-3622 Address 12 Freedom Road, Forestdal e, MA License# 055731 P.O. Box 480, Sandwich, MA 02563 Home Improvement Contractor# 108642 Kemper National Insurance ' Worker's Compensation# 3BY-001289 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 BETAKEN TO Customer contracted with refuge Aauler directly SIGNATURE DATE 6/19/95 BUILDING PERMI NIED FOR THE FOLLOWING REASON(S) r� ri �. FOR OFFICIAL USE ONLY PERMIT NO. #6444 DATEISSUED c4une 21,_1995 , MAP L PARCEL NO. ( 064._109' - ADDRESS 11 .Shammas Lane VILLAGE Marstons Mills, MA OWNER `Bruce & Joann Bissett DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGHp, FINAL PLUMBING: .ROUGH FINAL GAS: FINAL FINAL BUILDING. : N, DATE CLOSED O _ • 4 ASSOCIATION PLANO. 1 c ,w 11/02'94 1 :02 %Y6'177277122 DEPT IA'D ACCID 0 T� �1/' Co132lnonitlealili o/ mai-iachmdetti ' ..UaPa�finenl o�..J�nc�uafria��ccidenfs 600 INaai fon.gh' l James J.Campbell &Ion, //(aaaac" 02f f 1 Commissioner Workers' Compensation Insurance Affidavit l� Richard J. Lennox, President of BENABBY, INC. , d/b/a Disaster Specialists O with a principal place of business at: 12 Freedom Road, Forestdale, P.O. Box 480, Sandwich, MA 02563 (owist :e/11a) do hereby certify under the pains and penalties of perjury, that: I am an employer providing workers' compensation coverage for my employees working on this job. Kemper National Ins. Co. 3BY 001289 insurance Company Polity Number () I am a sole proprietor and have no one working for me in any capacity. O I am a sole proprietor, general contractor or homeowner (circle one) and have hired the contractors listed below who have the following workers' compensation policies: Contractor Insurance Company/Polity Humber Contractor Insurance Company/Polity Number Contractor insurance Company/Policy Number () 1 am a homeowner performing all the work myself. 1 under<cand t`tt a copy of dais s:2tesnent will be'fo.mzrded to the Office of investigations of the DIA for coverage verification and that failure to secs ccverage:s recui;ed under Section 25A of MGL 152 can lead to the Imposition of criminai penalties eonsistine of a fine of up to S 1,500.00 and/cr years' impriscrment as well as civil penalties in the four:of a STOP WORK ORDER and a fine of S 100.00 a day against me. Signed this 19th day of June 1995 'cen /Permittee Building Department Licensing Board Selectmen Office Health Department TO VERIFY COVERAGE INFORMATION CALL: 617-727-4900 X403, 404, 405, 409, 375 nnT7- f-) 2 Nnl,�Qlr�LIT r TiT'TT T)T\T.('_ PT7PNITT 4 C0MMOr4W=gLTH UEPARTMENT OF PUBLIC SAFETY =^ OF 1,-:NE ASHBORTON PLACE I�i r ; fsltu:+►ter- MASSACHUSETTS � BOSTON,.MA02108 5 Alassaohus;tt.I State.iwwla& Calls caurs tof 1009041190 LICENSE EXPIRATION DATE ; C O N S T R O SUPERVISOR CAUTION 1 1 /07/ 1 996 EFFECTIVE DATE LIC NO. FOR PROTECTION AGAINST RESTRICTIONS ' THEFT, PUT RIGHT THUMB NONE 03/01 /1994 055731 PRINT IN APPROPRIATE rn RICNARD J LENNOX "'"'--� �ONLI .FNSF O FREEDOM RD BSA GOPEtRESTDALEORS F MA 02644 LUfk �• I I PHOTO IULA'TWG OPR ONLY) Fj%0.00 r+ I 1 oT VALID UNTIL SIGNED ElyLICENSEE AND OFFICIALLY FEB 0 4 1994 HEIGHT: I STAMPED.OR SIGN TUBE THE COMMISSIONER ' THIS OOCUMENf MUST BE �•�•..J. CARRIEOONTHEPE.RSOrJ[ SiGNAfU OF UCENSEE n 1 AU THE OLOER I�HEN EN 11 UTEiERS-RIGHT THurnd PRINT -(iAGEDC�THiS OCCUPA LION ��•' I ISSiONF'R A.. f I � II i 4 i f, _�- HOME IMPROVEMENT CONTRACTOR I Registration 108642 I Type - DBA Expiration 08/20/96 Disaster Specialist 1 Richard J. Lennox G��aN►.o6,�„z�Y2 Freedom Rd ADMIruSTFUTOn Forestdale MA 02653 . . °: The Town of Barnstable UPOWFAMA KAM Department of Health Safety and Environmental Services 116 Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner For office use only Permit no._ Date AFFIDAVIT HOME H"ROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement, removal, demolition, or construction of an addition to any pre-existing owner occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions, along with other requirements. .2s Type of Work: Repair from fire damage Est. Cost --�8,000.00 11 Shammas Lane, Marston Mills Address of Work: Mr. & Mrs. Bruce Bissett Owner-Name: Date of Permit Application: June 19, 1995 I hereby certify that: Registration is not required for the following reason(s): Work excluded by law Job under$1,000 Building not owner-occupied Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: 6/19/95 Richard J. Lennox 108642 Date Contractor name Registration No. OR Date Owner's name f IME �. : The Town of Barnstable i6`� ��' Department of Health Safety and Environmental Services ►�na�" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crosscn Fax: 508-790-6230 - Building Corninissick-,er.: May 11, 1995 Mr. Frank Ward American Mobile Homes, Inc. P.O. Box 88 Weymouth Industrial Park East Weymouth, MA 02189 Re: Temporary occupancy of mobile home I I-Shammas Lane, Marstons Mills, MA v Dear Mr. Ward: In accordance with Section 3 of Chapter 40A of the Zoning Act, permission is hereby granted to Joanne and Bruce Bissett for the occupancy of one mobile home to be located at 11 Shammas Lane, Marstons Mills, MA for a period not to exceed twelve(12) months from this date. Such occupancy must comply with any rules or regulations of the Board of Health. Sincerely, Ralph M. Crossen Building Commissioner RMC/km Q950508A CENTERVILLE-OSTERVILLE-MARSTONS MILLS FIRE DEPARTMENT INCIDENT REPOR) / Type of Call: S7 o f •,ems FQor_� Alarm No: =�11 Brief Narrative Required on all Calls rJ Location: 1 .• t�,g� _ Date: 3.9 20Z �Ti�`�5 / 2--)-.3- oy arm Galled by:FRS Ci"1=l � _Tel# 42.7-o9i a: Time reed 7 On Air:12le On Location: !75Zt mWeather;_Gl.�'l� Temp:_ - --Wind:.�i[ At: / -- ru Zone ch CD m 74- 117 A; Buildings -Type of Occupancy: —_ / , P a Owner:'Bv'i4-_ Address-_ ��, �,- � lz Tenant: ---Telephone# �ge�f1�1'Si� EquilpmentfType: Location: T ?6r P /C/� d>��1/�� _._c�v,(—Z- h�tz.1 Year Make Model: "U ' C" Serial No. eye Motor Vehicle -Year: Make/Model: _ _ [ 7 Color VON: ----- Reg. #: Owner:. Address: Operator. _ Address: _ vUi {�l/9S Brush Fire- Class: Arealsize: . / _ � �i Automatic Alarms- ClassificationlCode: ��� � - Form#62 left at: —^_-- lZ�G ��r o%w �•/ �T T� ----- — harl; 41W00WI.1 lye_ Other Agencies Notified Name/Agency Tole. No. By ��%.�is Sew/1�XT 4�aod• C'>�l/Td�� m C-O-NAM Form#19A Reported b . Date:Ln i- `_� 3 �- 05-08-1995 02:37PM CENT i]ST FIPEDEPT 5037902385 P.03 CENTERVILLE-OSTERVILLE-MARSTONS MILLS FIRE DEPARTMENT NARRATTIVE REPORT ALARM � J /" } PAGE 2 DATE:{ } /c eP7 vL'7S U :� _�SZl'_1��PCv_n ':..t�..C�C�.��.�1���N�U���..�..L.l.�`•Tlo/1.�,__�-_ j4Ati.PCic4a/� /�Gt_tz�Ta �1.u��1�L.G.L*•c L?1L�-f -G��s�c_rU1�12��r�vP��v_�'�r.�Gc�?�!L ------------------------------------------------------------ --------------- --------------------------------------------- -------------------------------------------------- _._------LEI!?_------- ------------ -- --- REPORTED BYE; I I DATE: Form #19B TDTAL P.03 05-08-1995 01:05PM CENT 05T FIREDEPT 5087902395 P.01 FIRE DEPARTME 1 • 8 a61ifEDEPT CEN7:,ERVILLE-OSTERVILLE-MARSTONS MILLS FIRE DISTRICT OFFICE OF THE FIRE PREVENTION 1875 ROUTE 28 CENTER VI LLE,MA. 02632 (508) 790-2330/FAX## (508) 790-2385 FAX COMMUNICATION MESSAGE DATE: f TO: ATTN: - FROM: AA; / WE ARE SENDING c�— PAGES, I VCLUDI G THIS COVER LETTER. PLEASE CALL (508) 790-2380 IF YOU DO NOT RECEIVE THE TOTAL NUMBER OF DOCUMENTS Confidentiality Notice: This fax transmission may contain confidential information belonging to the sender which is legally privileged and which is intended only for the use of the individual or entity named above.Any copying,disclosure,distribution or dissemination of this information,or the taking of any action based on the content of this cornmunication is strictly prohibited. If you have received this transmission in error,please notify us immediately by telephone and return the oeginal transmission to us by mail or delivery at our address above,the cost of which shall be paid by us. Thank you! American Mobile Homes, Inc. The Temporary Housing Specialists Est 1972 � Frank Ward Sales• Rentals { 51 Moore Road• P.O.Box 88 1-800-232-9991_ -0333 � a Weymouth Industrial Park Fax(617)(617)33331-0333 E.Weymouth,MA 02189 Mobile Home Rental Worksheet 51 Moore Road,P.O.Box 88 C,lrrierican Mobile Homesjnc. Weymouth Industrial Park The Temporary East Weymouth,MA 02189 Housing Specialists 617 331-0333 � Est. �1972 1.-800-232-9991 Date__. Time Insured: Home Staying# -s ue Z4 &14 # Soc.Sec.# — _ Policy Insurance Co. Claim# Date of Loss `> Adjuster(Co. Z Public Adjuster �- Authorization Water Connection: Electric Connection: —'"' hewer Connection: Power Co. S - Plumber: Electrician: Details: Details: L.P.Gas Town Info: W/dryer: A/cond.: Cc� I #of people: Size home delivered: f a �C� Other: #of B/R: amiture: �/ "Mce Use Only I f;_ The Commonwealth of Afassochusetis _ Pereic [o.k � DcPartmenf of Public Sarety Occupancy b Fee Checkcd_oe!�i BOARD OF FIRE PREVENTION REGULATIONS S27 CMR 12:00 t 3/90 (tesve Blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be petiortned In aecordiince with the Massachusetts Electrical Code, 527 CMR 12:00 (PLEASE PRINT IN INK OR TYPE ALL INFO ION) Date 15—f%j Cityor Town of :C.L �H1C1 7�p�J /���To the In:vector of Wires: = _ �� / \ The undersigned applies for a permit to perform the electrical work described below.,( Location (Street & Number) Owner or Tenant E%: Owner's Address Is this permit in conjunction with a building permit: Yes [D""No ❑ (Check Appropriate Box) Furpose of Building D Utility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd❑ No. of Meters Few Service Amps / Volts Overhead ❑ Undgrd❑ No. of Meters Number of Feeders and Ampacity Iocation and Nature of Proposed Electrical Work Z(i Ito. of Lighting Outlets No. of Hot Tubs No. of Transformers Total _ INA [To. of Lighting Fixtures Switmoin Pool Above In- g grnd. ❑grnd. ❑ Generators KVA Ito. of Receptacle Outlets No. of Oil Burners No. of Emergency Lighting Bahe Units Ito. of Switch Outlets No. of Gas Burners FIRE ALARMS No. of Zones tto..of Ranges Total No. of Detection and g No. of Air Cond. tons Initiating Devices Vo. of Disposals No. of Heat Total . Total No. of Soundin Devices Pumps Tons KW g No. of Dishwashers Space/Area Heating KW No. of Self Contained Detection/Sounding Devices No. of Dryers Heating Devices KW Local❑Municipal ❑Other Connection No. of Low V tio. of Water Heaters KW t. Si sf Ballasts Wiirinoltage No. Hydro Massage Tubs No. of Motors Total HP OTHER (� N„r) nrnl I NU T INSURANCE COVERAGE: Pursuant to the requirements of Massachusetts General Laws I have a current Liability Insurance Policy including Completed Operations Coverage or its substantial equivalent. YES® NO❑ I have submitted valid proof of same to this office. YES® NO ❑ If you have checked YES, please indicate the type of coverage by checking the appropriate box. INSURANCE ® BOND ❑ OTHER❑ (Please Specify) Estimated Value of Electrical Work S Expiration Date Work to Start Inspection Date Requ ted: Rough Finales % Signed under the penalties of perjury: FIRM NAME C.F. DARCY ELECTRIC, INC. LIC. NO.A11161 Licensee CHRISTOPHER F. DARCY Signatu LIC. NO.E23522 ` Address 190 E. Grove St. , Middleboro, Ma Bus. Tko. No ) 94 /=8UI(F _ l Alt. Tel. No.\JQe OWNERS INSURANCE WAIVER: I am aware that the Licensee does not have the insurance coverage or its sub- stantial equivalent as required by Massachusetts General Laws, and that my signature on this permit application waives this requirement. Owner Agent (Please check one) Telephone No. PERMIT FEE S `- Signature of Owner or Agent oF.HE.a,� The Town of Barnstable •9 BARNSTA ASS." E,p Department of Health Safety and Environmental Services MAO 1639. �0 �prEDMPyp Building Division 367 Main Street,Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection Location �j Si � i4 Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: j ��c r r2 e d e/PC 1 r 1 c 4 1 Please call: 508-862-4038 for re-inspection. Inspected by iT ' Date 1(1 (-'10 j FF .*THE TOWN OF BARNSTABLE Permit N0.31042 BUILDING DEPARTMENT TOWN OFFICE BUILDING Cash ................ Nl �er,r HYANNIS,MASS.02601 Bond .......... ..9 CERTIFICATE OF USE AND OCCUPANCY Issued to C & W Realty Trust Address Lot #11 , 11 Shammas Large Marstons Mills Mass. USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND,IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. September ....., 19..... ....... . ....... ......... Building Inspector TOWN OF BARNSTABLE BUILDING DEPARTMENT i rsa AN : TOWN OFFICE BUILDING � rNL HYANNIS, MASS. 02601 MEMO TO: Town Clerk FROM: Building Department DATE: An Occupancy Permit has been issued for the building authorized by BuildingPermit #.... C/ 2.............._......................................................................................................... ...................................... issuedto ............................................................... ................................... Please release the performance bond. THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) Im A� C DATA nvr_nAKNSTABLE, MASSACHUSETTS-~ `'O�'L '�ERIN +,�SR" ,t _ DATE Au,.,u,,l .. F+ '?' ;•s`a �' �'°':,3c `�.�'•� .I•as.,.. y r LICANT` �iFiC1r4' �SL1i�c�iY1 & �O'i1N1�YUCClf i 19 �S7 pERM'IT` _ c ADDRESS AvL' a Neck Rc'+-. . Ce)'n0=teritl Ie * r ,1 7 (N0.) (STR.EET) x. bERM1T TO' �U i.ld OWF?ZjlTl rd, N r (CONTW S LICg,N5+ ( 1 STORY Ji.i1L.t(' w17: ? (JW�L2jIP(? NUMBER OF*twfi �. (TYPE OF IMPROVEMENT) NO (PROPOSED USE) DWELLING UNITS. a S. AT (LOCATIONI L3 ti ) c 1 i3t r vy� " (NO.) r�.x i:,:lI.Ci'l1B mills ;.iS F4�'aF.�''�� ZONING F� 5' (STREET) DISTRICT BETWEEN3- 4 rsyF4 f (CROSS STREET) AND (CROSS STREET) SUBDIVISION LOT BLOCK LOT , -- SIZE BUILDING IS TO BE FT. WIDE BY FT , LONG BY FT, IN HEIGHT ANDS- LL CONFORM{INSCO STR h M UCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION • . x y�ki�..y •' RY��2t#�o- 'F ' .(TYPE)f-;J.;ti £ REMARKS: —42 s� wi: i •J� / -�.. e�-.-.ti.. l ••`+',`^x,. `a r 8 3�'t<"ihk �' F - AREA i'.1.Uj mU, {VOLUMEE L. 80 000� (­IC/SQUARE FEET) ESTIMATED t FEE - P�4 ST $ , Ss� z 2x -ADDRESS laVr+Q y r.:iLCY ' .' ri `' cr�fkS i P g Lt7 S BUILDING DEPT.By E.RMIT 'CONVEYS NO RIGHT TO OCCUPY ANY STREET, q -i"�` t PERMANENTLY; EN'CROAtHMENTS ON PUBLIC PROPERTY, N ALLEY OR SIDEWALK OR A - � ^ kr ' ► P`ROVED'�BY."THE,-JURISDICTION. STREET OR OT SPECIFICALLY PERMITTED UNDERTTHE BUILDING1: TAN$pptP A tFROMxTHE�DEPART ALLEY GRADES AS WELL A `V `; Kr"'x!OF�,ANY?SqpPLICABLEESUBDFVPSIONIRESTRKCTIONS,S THE ISSUANCE OF THIS PER DOES NOTDRELEASE THE APPL'ICA '^EMUS 8"E AP= OCATION OF PUBLIC SEWe=RS MAY'B, i rf NT FROM ' OB 'NE + L �' MINIMUM'�*`OFa-THREE CALL rT E'CONOIT _ 1NSPECTAON5 REQUIRED FOR APPROVED PLANS MUST BE RETAINED ON JOB AND THIS, WHERE v 'j' � � '• ` PYLa�L COWS R(1CSION WORK:.. CARD KEPT POSTED UNTIL FINAL INSPECTION HAS'BEEN E APPLIC46,e EF;', `` "Rye rt ,�• ' PERMI'TS7ARdE�r''REQUIR.ED p_ x �, 1>+ OUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS-RE- MECHANIC t 2•aPRIOR`TO-CI;OVERING,;STRUCTURAL ELECTRICl�L j' PLUMBING`*�{f ? MEMBERS(READY TO LATH). C'UIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL �Wd' FINA fit. rTtION-�y L-INSPECTIOU BEFORE FINAL INSPECTION HAS BEEN MADE. 1�x� 0� gN h/Y d} t<# CAR � � ) vPOST THIS D SO IT IS VISIBLE FROM 'STREET 4F JBUILDINGINS -CT OM PPROVALS rw PLUMBING INSPECTION APPROVALS ELECTRICAL-INSPECTION APPROVALStt; X241 .ice, �TV; ... ;�y .'�TM•�� 4.. { ��: 2 .- ZAi Do HEATING INSPECTION APPROVALS } ENGINEERING DEPARTMENTh ts/l C OTHER BOARD 0CF�HE^AL/TT•'H{/� V t 1 ira gg+a.yy WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT WILL BECOME NULL AND V 2 TOR HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT STARTED WITHIN SIX MONTHS N DATE THE . ,� � VOID !F CONSTRUCTION INSPECTIONSINDICATED ON THIS CARD BED CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE, ARRANGED FOR BY TELEP OR WRITTEN' < { _ NOTIFICATION, a 167 - LoT,rr 8 � �o 7— `yl N N /47 G3 ' CERTIFIED PLOT PLAN LOCATION !a!?^!-sT•-?�� `'`ssr�!s!'>��4s) l SCALE . .�,��= ... DATE JvLy Z J97 PLAN REFERENCE �`_ of EDViA E KY N `c . 26100 �o fpl+ 's\COIST'Rti; I CERTIFY THAT THE 'S�`IO4770.v L E.�Ni`, SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS SHOWN HEREON AND THAT IT CONFORMS TO THE SETBACK REQUIREMENTS OF THE TOWN OF /�!- + . ... . . . .WHEN CONSTRUCTED.. DATE �4�yi./ /f.8;?. �� �•, �� REGISTERED LAND SURVEYOVR Assessor's .¢ffioe (1st floor): _ �®7 Assessor's map and lot number ......,.. .................Q:. r�TEM­VJST BE Board of Health (3rd floor): Sewage Permit number ....�� - ��7............................ .`.,TALLED IN COMPLIANCE Engineering Department (3rd floor): ���� TITLE 5 , +o�9TsnL M406 House number . -���'.... ....... ::.mj��CN(r ENTAL CODE AP-9 o ie39•a�a ........................................ . . ®g ��M I 14 m, I EGULATIO�IS APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P. "only' TOWN OF BIARNSTABLE BUILDING INSPECTOR �y i APPLICATION FOR PERMIT TO ............... TYPE OF CONSTRUCTION ...............W. ........f 1.4,��.�................................................................... g�lf!lf.............. ..............19.. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location47k /� ..........�f........5 . 1.!�1 ......... .. ......... .............Q . .. . .......A4(./i-5.�' .............. tra�TS Proposed Use ....5aj. �le:.....Fkt. tl y.....!`�./-o- ................................... ................................................... fZ / Zoning District ........................................................................Fire District ......f; dY..(... ... Name of Owner .....C.41.W... ..... ......�U; T.........Address C / Name of Builder .......�..... .... �r....d'.... Sr!.................Address ......Jr.... Name of Architect &...... i..................Address ...ICI..'.... ....... ��.vB .............. u Number of Rooms ..........g....................................................Foundation .... Exterior JAU.7f. f(!../TA-P— .R ../Q/ . .........Roofng ....�. . ....SH/1l*-s.............................. Floors YIl•ux )..1.T/f- Y............Interior ... /Aht=...d".�� y p` `-'............................... Heating I /� ........................................................Plumbing & i� 1 (7!PV Fireplace ... i ... ..........................................Approximate Cost ........ Definitive Plan Approved by Planning Board _______ /_ __ y___19_e Area ... <. .... :....."... 0 Diagram of Lot and Building with Dimensions SUBJECT TO APPROVAL OF BOARD OF HEALTH Q i $ OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ... .............................................................. Construction Supervisor's License ..... ... .. i « W Realty Trust 11 31042 one story I No ................. Permit for .................................... single family dwelling li Shammas Lane Location ................................................................ Marstons 'Mills ., ......................0 « W Realty Trust .. .. .................. Owner , Type of,Construction frame ......................................... , .; ., e,;- Plot ............................. Lot ................................ _ G Au~ust 4 87 Permit Gran,ed ' Date of Inspection .... . .e �1 ..........19 ...19 ' Date Completed I Assessor's office(1st Floor): j /�D i/� J�� 4F-PMC SY�MMUSTE �?wEAssessor's map and lot number �o��� Board of Health(3rd floor): INUALLED IN COMPUAMC Sewage Permit number 7 i/a 7 TtTLE 5 • Engineering Department 3rd floor): BsaMU seta J 9 9 P ( ) f7 `� �!/ � ��Q� Gi���L V�d� rasa House number , TOWN REGULAMONS i639.6\®� Definitive Plan Approved by Planning Board 19 r�r APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE BUILDING INSPECTOR ;;LQ APPLICATION FOR PERMIT TO �'w/NkJ nrtT >Pao,L' TYPE OF CONSTRUCTION (!�UW/ 'r LO �P 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location 5�/414/4 � s LAB A&S r ,6 NA Proposed Use ti r1;Gl�� T�b^E Zoning District � `� Fire District c Name of Owner 8 tire; is i s S eprr Address 11 51MOA-4 S "^05,_ S^WS IDA4 Name of Builder ��b(.yfirlG ` Address ja Name of Architect Address Number of Rooms Foundation Exterior Roofing Floors '� Interior Heating Plumbing Fireplace Approximate Cost l Di arm � Area Diagram of Lot and Building with Dimensions Fee OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name Construction Supervisor's License �� �6 BISSETT, BRUCE ,`Fork 'f No 32979 Permit For Build Pool ' a � Accessory to Dwelling � . Location 11 Shammas Lane Marstons Mills ; Owner Bruce Bi.ssett Type of.Construction Frame 5. L Plot Lot k ' `Permit Granted June 15 , 19 89 Date of Inspection 19 ;1. Date Completed 19 y t y 1 La InCA Ifni . i . 1 ------------------ ' /87-SZ r � 3 y. 89'j `% �'�c` i� j l Z-7 g j 7- 173 S J N I � N 147 Z3 ' CERTIFIED PLOT PLAN `LOCATION BA2n!sT.�J!�GC Ci> srays H��ts� SCALE • .�.��= ?. ••• DATE .7TLx Z /y87 PLAN REFERENCE 647AAG /oT'y// ,'f f.,�� • .si!�I.�/!v G�t/ G!�?�/1� Co ulL7- . . i f I CERTIFY THAT THE -,y 57/A1G �vA/P.9770v ` SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS SHOWN HEREON AND THAT IT CONFORMS TO THE SETBACK REQUIREMENTS OF THE TOWN OF ��� !` 8�•�` • ... . . . .WHEN CONSTRUCTED. DATEW�Y Lc-s7'az ,,. REGISTERED LAND SURVEY ' 0126/2000 06,49 5083620463 SUE:YOUNG PAGE 01 u-, ce, J et • � a NL_. .. x V-8" w _ e.. ..._.... 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