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HomeMy WebLinkAbout0121 TIMBER LANE - Amnesty & MULTI-FAMILY o Liauj LU { i s.__-;;.v...:...e__..u:..:::•;_am.-�v.:.:::..:.-..i_cu:nc�.�,er.�_.::rra¢.,.:o»�a�,+a::>.uu�.:...._._c,..,.wn:.ue•:.,....;.::,e..m.•.�:a.v�•nc.r..urxv,auuc=o....,�-n.,:ra.:o_...mor�r....rv.,-s+vtinr:.w.o.az.+,w-_.,._.:ver:w.....�......w:amp..n.,...w.w�-e....�..uue-....,..,..u-r.�.�,.....w..1,,o.._,m..,.nr,.me ..,..e...an.u�u..�,..n,.n o.�.n,...:.._._. . YOU WISH TO OPEN A BUSINESS? Far Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do.by M.G.L.-It does.rfot give you.permission to operate.] You mustfirst obtain the necessary signatures on this form at 200 Main St., Hyannis. Talee the completed,form to.the Town Clerk's Office,.1 st FI., 367 Main St., Hyannis, MA 026.01 (Town Hall) and get the Business Certificate that is required by law. !� DATE.-3 Z U ���I Fill in please: jar ]fits L„ :I APPLICANT'S YOUR NAME/S: 4 l't k';'!"`L' "`Y>;: ;•i :�n_: BUSINESS YOUR HOME A DRESS: T tA v d1 x},_ 21Lit at.; TELEPi-ZONE 4 Home Telephone Number EIN #: SO E-MAIL: NAME OF CORPORATION- L C. NAME OF-NEW BUSINESS TYPE OF BUSINESS 1 IS THIS A HOME OCCUPATION? E NO ADDRESS OF BUSINESS- ' 1 za In n MAP/PARCEL NUMBER ' 't� [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 CD 15IDN 's OFFICE MUST COMPLY WITH HOME OCCUPATION . This individual � een i f �jnna y p.r i roq r erns that pertain to this type of business. RULES AND REGULATIONS, FAILURE TO COMPLY MAY RESULT IN FINES. Aytho.r Sig at7re** IS OM EN . t / _ 2. BOARD OF tHETH This individual has been informed of the permit requirements that pertain to this.type of business. Authorized Signature** COMMENTS: 3. CONSUMER AFFAIRS [LICENSING AUTHORITY] This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature** • COMMENTS: . Town of Barnstable Building Department Services FSHE Tp Brian Florence,CBO Building Commissioner w SARNSTABLE. 200 Main Street,Hyannis,MA 02601 9 MASS. 1630. www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 Approved: RN Fee: 3 S Permit#: ,6 7 6 2 HOME OCCUPATION REGISTRATION Date: Name: �.e�_ W 0.t s d► Phone#:_ is Address: 12I j1Q1." 41 4 & Village: &4.,, Name of Business: t✓P �iC 5cp—VIc s (nG Type of Business: Ca _R_ LILs4t ti 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 premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;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 carried 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 not 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 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 containing 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 vehicles related to the 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 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 bg employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned,have re d a e with the a.Vv re s 'ons for my home occupation I am registering. Q Applicant: �� Date: VA5PU Homeoc.doc Rev.06&0116 ��► ro,,,� Town of Barnstable °^ Regulatory Services • anjttvsrnaLe, v ass. Thomas F. Geiler, Director re1639n. 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 August 3, 2009 Mr. Robert Fragosa 121 Timber Lane Marstons Mills, MA 02648 Re: Amnesty Apartment artment Dear Mr. Fragosa: Enclosed is the Certificate of Occupancy for your Amnesty apartment. We have prepared the Amnesty Certificate of Compliance and forwarded it to the Amnesty Program Coordinator. Sincerely, Lois Barry Division Assistant Enclosure amnco x x j g Am nest Pro ram, µ '. 'Holpin to make affordable housing possible. -I. .ovvn - -Hamst-eible. . . V V Certificate of Compliance 1 `° ME, This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code 1 and Town of Barnstable zoning ordinances in accordance with the Amnesty program. Owner Robert & Pamela.Fragosa Location 121 Timber Lane, Marstons Mills, MA Unit Capacity On edroo of to exceed two eo le Inspector _ M/P No. 149051 7/27/2009 IME Town of Barnstable 0 Building Department - 200 Main Street AB . = Hyannis, MA 02601 9 MASS. (508) 862-4038 dp 1639- �� ArFD MA'i A Certificateof Occupancy Application Number: 200701986 CO Number: 20080222 Parcel ID: 149051 CO Issue Date: 12116/08 Location: 121 TIMBER 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 APARTMENT ISSUED TO RORERT FRAGOSA 7127109 Building Department Signature Date Signed Y SHE r BAA7.5[ABLB, y MABS prED MPy� Town of Bamstable '09 CIF8 24 D? :48 Zoning Board of Appeals Comprehensive Permit Decision and Notice Comprehensive Permit Numher 2008-058—Fragosa Chapter 40B Comprehensive Permit Applicant: Robert& Pamela Fragosa Property Address: 121 Timber Lane,Marstons Mills, MA 02648 Assessor's Map/Parcel: Map 149,Parcel 051 Zoning: Residential F Zoning District Deed Reference: Book 20398, Page 1,78 Applicants: The applicants are Robert&.Pamela Fragosa,who resides at 121 Timber Lane,Marstons Mills,MA 02648.Robert&Pamela Fragosa were granted title to the property by deed recorded in the Barnstable County Registry of Deeds on October 25, 2005 as recorded in Book 20398, Page 178. Relief Requested: The applicants Robert&Pamela Fragosa have applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article II of Chapter Nine of the Code of the town of Barnstable,more commonly termed the"Accessory Affordable Apartment Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9- 15 of the Code—Amnesty Program to permit an accessory apartment unit above the garage, adjacent to a single-family owner-occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit over the attached garage. The accessory apartment is a one bedroom unit. The square footage of the rental area is approximately 11.76 square feet. Locus: The property at issue is a 0.47-acre lot located at 121 Timber Lane,Marstons Mills,MA 02648. The lot was developed in 1986 with a single-family ranch style home. The effective living area of the main residence is 2,261square feet. Background: The lot is served by Well water and on-site septic, and is located within a Groundwater Protection Overlay District. The town of Barnstable's Public Health Division reviewed the application, and on November 14, 2008, approved a total of three (3) bedrooms at the property with the existing on site septic system. Procedural&Hearing Summary: A site approval letter was issued for the property by Town Manager John C. Klimm on December 10, 2008, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760. An application for a Comprehensive Pen-nit was filed at the Town Clerk's Office on January 8, 2009, and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on December 26, 2008 and January 2, 2009,and notices were sent to all abutters in accordance with MGL Chapter 40B. I Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2008-058—Robert& Pamela Fragosa On January 28, 2009 Hearing Officer Laura Shufelt opened the public hearing at 6:05 p.m. The applicants,Robert&Pamela Fragosa, were present at the hearing. Cindy Dabkowski of the Growth Management Department was also present. Laura Shufelt reviewed the file with the applicants to assure compliance with all of the program requirements. 1. Robert&Pamela Fragosa were provided an opportunity to give their testimony. 2. Members of the public were requested to comment,none commented. 3. The Hearing officer did receive and read into hearing one letter from the public 4. The hearing officer made applicants aware of the proposed conditions and applicants consented. A written copy of this decision shall be forwarded to the Zoning Board of Appeal on February 11, 2009, as required by the Town of Barnstable Administrative Code Chapter 241, section 11 of the Town of Barnstable Administrative Code. If after fourteen(14) days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision,this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Hearing Officer Laura Shufelt closed hearing at time: 6:45 p.m. Findings of Fact: At the hearing on January 28, 2009 the Hearing Officer made the following findings of fact: 1. The applicants are Robert & Pamela Fragosa who reside at 121 Timber Lane Marstons Mills b > > MA 02648. They are requesting a Comprehensive Permit to convert an existing one bedroom apartment above the attached garage into an accessory affordable apartment. The conversion of the unit to an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for the"Accessory Affordable Apartment Program." 2. Robert&Pamela Fragosa were granted title to the property by deed recorded in the Barnstable County Registry of Deeds on October 25,2005 as recorded in Book 20398,Page 178. 3. On December 10,2008, a site approval letter was issued for the property by Town Manager John Klimm, in accordance with MGL Chapter 40B and 760 CMR.Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit is approximately 1176 square feet, and is located above the garage adjacent to the principal dwelling. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by well water and private on-site septic and is in an identified Groundwater Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved a total of three(3) bedrooms at the property with the existing on- site septic system. 7. On November 10 2008 the applicants i pp s signed an Accessory Affordable Apartment Program Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit,to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable County Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as their primary residence. 2 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No. 2008-058-Robert&Pamela Fragosa 8. The applicants understand that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income(AMI)of the Barnstable Metropolitan Statistical Area(MSA) and further agrees that rent(including utilities) shall not exceed 30%of the monthly household income of a household earning 80%of the median income,adjusted by household size. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of September 9, 2008, 6.8% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. Summary: The Hearing Officer ruled that the applicants Robert& Pamela Fragosa have standing to apply for a Comprehensive Pen-nit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Conditions: Hearing Officer Laura Shufelt ruled to grant the Comprehensive Permit in accordance with MGL Chapter 40B Article II of Chapter Nine of the Code of the town of Barnstable,more commonly termed the "Accessory Affordable Apartment Program to the applicants, Robert&Pamela Fragosa. It is issued to allow for a one bedroom accessory affordable apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two (2)people. 2. The total number of bedrooms on the property with the existing on site septic system shall not exceed three(3). 3. The property owners shall occupy the dwelling as their primary residence. 4. This unit shall not be occupied by a family member of the owner(s). 5. All parking for the accessory apartment and the main dwelling shall be on-site and no lodging shall be permitted for the duration of this comprehensive permit 6. To meet the requirements of affordability, the cost of housing(including utilities) shall not exceed 30%of 80% of the median income for a family of two for the Barnstable MSA. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum tern of one year. 8. The Growth Management Department shall serve as the monitoring agent for the accessory apartment. 9. The applicant shall apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance,the Building 3 I I .N Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No. 2008-058-Robert&Pamela Fragosa Commissioner shall determine that the unit conforms to the approved plans as submitted with the building permit application and meets state building and fire codes.The Health Division shall determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 10.. The applicants may select their own tenant. The tenant(s) shall meet the requirements of the program as cited above and provided that person's and or family income is reviewed and approved by the Growth Management Department of the town of Barnstable as a qualified individual. The applicant(s)will be required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs, notice must be given to the Growth Management Department and the unit must be listed with the Town. 11. Every twelve months the applicant shall review the income eligibility of the individual occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit the applicant shall file with the Growth Management Department of the town of Banistable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 12. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the Growth Management Department of the town of Barnstable shall be notified within 60 days of the name and address of the new owner. 13. This Comprehensive Permit shall be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit number 2008-058 has been granted with conditions. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. Laura Shufelt,Hearing Officer Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County, Massachusetts, hereby c?rti ;r_ that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has be�ji filed'in�yie�office of the Town Clerk. Signed and sealed this day-of, 'l , u der the pairs and penalties of perjury. ,ter 4 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2008-058—Robert&Pamela Fragosa Lilida Hutchenrider, Town Clerk 5 ti a —t7r —200 a 1 $ Q 05u REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this L` day of ,` r ,2009,by and between ROBERT &PAMELA FRAGOSA,of 121 TIMBER LANE MARSTONS MILLS MA and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the "Municipality"),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree follow: I PROJECT SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate the property located at 121 TIMBER LANE MARSTONS MILLS MA as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 20398 and page 178 . B. The Project located at 121 TIMBER LANE MARSTONS MILLS MA will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the"Designated Affordable Unit" or the "Unit"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2008-058 and any plans submitted therewith and all applicable state,federal and municipal laws and regulations.Said permit is recorded herewith as Barnstable County Registry of Deeds Book &page D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOW: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AM) of Barnstable MSA and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body, and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, f 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 nm=g with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable Metropolitan Statistical Area(MSA) and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA_In the event that utilities are separately metered,a utility allowance established bythe Barnstable Housing Authority shall be deducted from the rent. IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. 2 V. GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a parry may from time to time designate by written notice. VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any 1 t T t P P 1 age servants r Pmp Tees�iilich res•.:It:n claims made agaiist and a1 actions or zi�ac.ncns b� h Owner,its agents,., :vans o� r_o, ., .. Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. VIII. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 20398 and page178, and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in deed recorded herewith as Barnstable County Registry of Deeds Book 20398 and page 178. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 X. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner,and (iii) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. M. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. MI. 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 12 day of 1 2009. OWNER OWNER B ; BY: Signature Signature Printed: 0, aSGq'rinted: ' COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this dayof - s�� I 2009 before me, undersigned notary public,personally appeared (> g (' Q S�rrn,j�-Ic l-' 't C nner(s),proved to me through satisfactory evidence of identification,which ere p ]brz,v-R.S I,C— ,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 purp-6es. Z "' � 4 i USA M.DeTORA,Nbtery Public Notary Public My Commission Expire Pejrarch 5,2010 Printed:Li S n `� (r)am My Commission Expires: TOWN OF BARNSTABLE BY: � 1 TOWNMANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this r'7 day of 2009 before me,the undersigned notary public,personally appeared ;:U i^ ir', '�:,,,., ,the Town Manager for the Town of Barnstable,proved tome through satisfactory evidence of identification,which were i7� ses, L l k to be the person whose name is signed on the preceding or attached document an acknowledged to be that he/she signed it for the stated ...a•.e..�...r aim.�^...-�;.-..•;;,x .:�;a... purposes. ` ��+ J Y00.A., �ss�g;;tiF€ate 2r y` �(}iT1:444JrkiPo'{e7 �t bP i4�c8F;5•i14:h�aetks 1411 CA"nimisar.4�F i yin..;(in v �6.�f1.:lt1G n Notary Public �'a,�;��ai�L°w:ta�• , ,,;. `� C� tip My Commission Expires: f� f� p� Printed: c4 g y c e e r s LP 5 Town of Barnstable BARWSfABLE : Regulatory Services • .�� Thomas F. Geiler, Director �EOMp�a Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 May 7, 2009 Robert and Pamela Fragosa 121 Timber Lane Marstons Mills, MA 02648 Re: Amnesty Apartment Dear Property Owners: We have received the recorded Regulatory Agreement and Comprehensive Permit for the accessory affordable apartment at your address. A building permit is required whether the unit is new or pre-existing. We look forward to receiving your building permit application for the apartment. Please call me if you have any questions regarding the building permit process. Sincerely, Lois Barry Division Assistant amnbp Barnstable The Town of Barnstable klftd Cly ASS. Growth Management Department � �� 1639..A � 367 Main Street,Hyannis,MA 02601 D Office: 508-862-4678 Jo Anne Miller Buntich Fax: 508-862-4782 Interim Director 2007 May 5, 2009 PyRobert& Pamela Fragosa 121 Timber Lane Marstons Mills, MA 02648 RE:Building Permit Application&Final Inspection Enclosed please find a copy of your recorded decision and deed restriction. As you know, one of the. conditions of your recently issued comprehensive permit requires that you apply for a building permit for the accessory unit, whether the unit is new or pre-existing. To assist you with this process, I have enclosed a Town of Barnstable Building Permit application. Please contact Lois Barry in the Building Division at (508) 862-4039 to schedule an appointment to compete the building permit application process. Lois is available on Mondays, Tuesdays and Wednesdays. You will be required to provide five copies of a clear floor plan for both the main house and the apartment which indicates the square footage of each room as well as the total square footage of both dwellings. Smoke and carbon monoxide detectors must also be clearly labeled on the plans. A Building Division inspector will then conduct the final inspection of your accessory unit. After the unit passes inspection a certificate of occupancy will be issued by the Building Commissioner and mailed to you. Once you have received your certificate of occupancy you may select a tenant for your accessory affordable unit. Please feel free to contact me at 862-4743 with any questions or concerns. Regards, Cindy Dabkowski Accessory Affordable Apartment Coordinator �tTti Town of Barnstable o� Building Department - 200 Main Street BARNSTABLE. * Hyannis, MA 02601 MASS 16z9. (508) 862-4038 rFD MA'S A Certificate of Occupancy Application Number: 200701986 CO Number: 20080222 Parcel ID: 149051 CO Issue Date: 12/16/08 Location: 121 TIMBER LANE Zoning Classification: RESIDENCE F DISTRICT Proposed Use: SINGLE FAMILY HOME c, Village: MARSTONS MILLS Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: FAMILY APT ISSUED TO ROBERT FRAGOSA FOR AMANDA PEARSON, NIECE. CZC. Building Department Signature Date Signed IHET TOWN OF BARNSTABLE Suilding �► Application Ref: 200701986 BARNSTABLE, Issue Date: 09/12/07 Permit 9 MASS. �ArFG 339. a Applicant: FRAGOSA,ROBERT&PAMELA Permit Number: B 20072219 Proposed Use: SINGLE FAMILY HOME Expiration Date: 03/11/08 Location 121 TIMBER LANE Zoning District RF Permit Type: FAMILY APT W/CONSTRUCTION Map Parcel 149051 Permit Fee$ 25.00 Contractor PROPERTY OWNER Village MARSTONS MILLS App Fee$ 50.00 License Num Est Construction Cost$ 1,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND ADD KITCHEN TO EXISTING BED/LIVING AREA ABOVE GARAGE JOR THIS CARD MUST BE KEPT POSTED UNTIL FINAL ADD KITCHEN ABOVE GARAGE FOR FAMILY APARTMENT INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: FRAGOSA, ROBERT&PAMELA BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 121 TIMBER LN MARSTONS MILLS, MA 02648 INSPECTION HAS BEEN MADE. Application Entered by: RM Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY�ANY STREET,ALLY OR SIDEWALKOR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC'SEWERS,MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM;THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). eur> �k,ryL c s* .< do-' ■ a .� ©. a` 2 , BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 ftc� V/ A,L 2 ��-c� tC®,vs 2 2 400 A f ly1O-Xt-k- 0z 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 4 Map Parcel z;-/ `` Application# 0 70/ Health Division , Conservation Division Permit# Tax Collector - �``?1�! "'� Date Issued 9 ��i Treasurer Application Fee yr o_ d b Planning Dept. Permit Fee� oz�) ems` Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address �.P i Village Owner �c7 ���G- Address + TelephonefJ�� Permit Request O a G'�v� `) ' �1 n [L,%V. Arta C��� rA40% NaNPI) l (�� Square feet: 1 st floor:existing proposed 2nd floor:existing 6Q6 proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Sized Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure 2D Historic House: ❑Yes a No On Old King's Highway: ❑Yes ❑No Basement Type: tu/Full ❑Crawl ❑Walkout ❑Other Lam' Basement Finished Area(sq.ft.) �0 Basement Unfinished Area(sq.ft) ' Number of Baths: Full:existing *3 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: ❑Gas ❑Oil /lectric ❑Other Central Air: ❑Yes Ao Fireplaces:Existing New Existing wood/coal stove: H Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:M/existing ❑new size Shed:lf existing Ll 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 r Telephone Number Address ITT" 1 v�/1V' �1 License# iM�Ysr6 1 �`S Home Improvement Contractor# i Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE _Z 5/O 7 FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED - MAP/PARCEL NO. , ADDRESS V ILLAG E i OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE , ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING �- DATE CLOSED OUT ' ASSOCIATION PLAN NO. - • h• Bk 22 325 l= s 235 0-53088 �tME r� Town of BarnsthbILA - —200 7 a s 9 1- Regulatory Services r r BAMSPABM : Thomas F.Geiler,Director '- A.O� Building Division ED MA'S Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 AGREEMENT FOR FAMILY APARTMENT I(We), the undersigned, being the owner(s) of property situated at 121 TIMBER LANE in MARSTONS MILLS, MA, holding title under a deed recorded with the Barnstable County Registry of Deeds or Barnstable County District Registry of the Land Court in Book '� , Page 1�_, or as Document No. being shown on Assessors' Map 149 as Parcel 051, hereby agree, certify, warrant and represent to the Town of Barnstable that the accessory attached apartment,which contains living quarters, is intended for use as a family apartment,for year-round occupancy. The intended and authorized use is for AMANDA PEARSON, NIECE OF OWNER ROBERT FRAGOSA associated with the residential use on the same premises. This unit shall be used for a "Family Apartment" (as defined in Zoning Ordinances) which would require compliance with the Family Apartment Rules and Regulations. This unit shall not be rented as an apartment or as a single room, or in any fashion, which rental would be a violation of the Town of Barnstable's rules, regulations, and zoning ordinances. Prior to occupancy of this unit, affidavits reciting the names of occupants are to be recorded with the building department. This agreement shall be updated whenever a change occurs or every calendar year. This Agreement shall be duly recorded or filed at the Barnstable County Registry of Deeds/Land Court for the purpose of alerting future owners of the property of this binding Agreement concerning the use of the property as herein stated. The consideration for this Agreement is the issuance of a building permit and/or certificate of occupancy by the Town of Barnstable Building Department. WITNESS our hands and seals this day of SE �,y,��Pjy 200-. TOWN OF BARNSTABLE (dWN�E (S) By: ing LlkCommissioner THE COMMONWEALTH OF MASSACHUSETT BARNSTABLE COUNTY,SS Date © D J Then personally appeared the above-named (owner) Q and made oath as to the truth of the foregoing instrumen,be re me. N is My Co sion Expires: P.Longfo NotuY My Connisslon Expires May 18,201 Commonweafth of Massachusetts TimberLnl21 __.__.._._fill p �''------�. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations d 600 Washington Street Boston, MA 02111 www.mass.g ov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): . Address: �\ 1-Y, City,/State/Zip: %MP-A-0 , m,�� Phone.#: ( 4 Are you an employer?Check the appropriate box: -Type of project(required):, 1.❑ I am a employer with 4. E] I am a general contractor and I employees (full and/or part-time).* have hired the sub-contractors 6. El New construction.. 2.❑ I am a'sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have g• Demolition working for me in any capacity, employees and have workers' comp.insurance.$' 9. ❑Building addition [No workers comp,insurance p )required.] 5. We are a corporation and its 10.❑Electrical repairs or additions 3.(� I am a homeowner doing all work officers have exercised their l l.❑Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.]t c. 152, §1(4), and we have.no - employees. [No workers' 13.zOther e comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that isproviding workers'compensation insurance for my employees. Below is-the policy and job site information. Insurance Company Name: Policy#.or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK.ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. Sipatare: Date: — Phone#: Q Official use only. Do not write in this area, to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): A.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: r Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the re.ae Lottrua ee of an individual,partnership,association or other lel?al entity employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states 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 producedtacceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for,the performance of public work until-acceptable evidence of compliance with the insurance requirements of this chapter have been presented'to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-contiactor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers.' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete'and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding.the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant tliatmust submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all-locations in (city or. tevv4"A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions', please do not hesitate to give us a call. The Department's address,telephone-and fax number: The Commonwealth of Massachusetts Dgpartmmt of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 Tel. # 617-727-4900 ext 406 or 1-977- ASSAFE Fax##61 7-727-7`�49 Revised 11-22-06 www.mass.gov/dia f FINE ray, Town of Barnstable Regulatory Services BARN� ASSBl'E'g" Thomas F.Geiler,Director q''°TEp39n.ia Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 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 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. ' Type of Work: �15 4�1 l�Cr` , Estimated Cost /p O 0 Address of Work: ls 'r �l/Vr Owner's Name: ue `���' Date of Application:�T��) 1 I hereby certify that: Registration is not required for the following reason(s): RW-b rk excluded by law P ob Under$1,000 ❑Building not owner-occupied El 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: Date Contractor Name Registration No. ( OR Date 0 is Name Q:forms:homeaffidav �oF t►�ra,� Town of Barnstable Regulatory Services snxxsrnsi e, : Thomas F.Geiler,Director MASS. �?p i639• A�0 Building Division 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 l Please Print DATE: 3 I 01 JOB LOCATION: k21 -Tk mt�� I Y d 15 number (street �7 G ( viilllag(er p "HOMEOWNER": ,(J 7Um �Y o� V d �y� �� l 0 \�6JJ 'a,R name home phone# work hone# CURRENT MAILING ADDRESS: �V�e 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 ium inspection procedures and requirements and that he/she will comply with said procedures and uirements. Si ature of Ho e e 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 pemut 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 fhe 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 I Town of Barnstable Accessory Affordable Apartment Program Notice of Public Hearing under the Zoning Ordinance 6:00 P.M. —January 28, 2009 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: Appeal 2008-058 Fragosa Chapter 40B Comprehensive Permit Robert & Pamela Fragosa have applied to the Zoning Board of Appeals for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program." The applicant is seeking to convert an existing one bedroom apartment located above the garage into an accessory affordable apartment. The property is shown on Assessor's Map 149 as Parcel 051, addressed (1-21 Timber=Lane--Marstons, MillsA-in:a-Residenfial'RF Zon-ing.�District. Appeal 2008-059. Stewart Chapter 40B Comprehensive Permit Gina M. Stewart has applied to the Zoning Board of Appeals for a Comprehensive Permit under Chapter 40B of the.General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program." The applicant is seeking to convert an existing one bedroom apartment .located in the lower level of the principal dwelling. The property is shown on Assessor's Map 271 as Parcel 193, addressed 40 Wayland Rd, Hyannis MA in a Residential RB Zoning District. Hearing to Rescind Comprehensive Permit At the request of the Monitoring Agent for the Accessory Affordable Housing Program and in accordance with Section 9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program", and the comprehensive permits issued, the Hearing Officer of the Zoning Board of Appeals will hold a public hearing to show cause why.the following comprehensive permits shall not be rescinded: • Comprehensive Permit 2002-121 issued January 21, 2003 to Alicia Hamdi for 15 Sterling Road Hyannis, MA 02601 (Map 289 Parcel 141) These Public Hearings will be held at 6:00 P.M. in the Barnstable Town Hall, 367 Main Street, Hyannis, MA, Hearing Room, 2"d Floor, on Wednesday, January 28, 2009. The Comprehensive Permit files may be reviewed at the Growth Management Department, 367 Main Street, 3rd Floor, Hyannis, MA 02601. Please contact Cindy Dabkowski Accessory Affordable Apartment Program Coordinator at 508-862-4743 for more information Barnstable Patriot Laura Shufelt, Hearing Officer . 12/26/08 & 1/2/09 Zoning Board of Appeals yST. CENTERVILLE-OSTERVILLE-MARSTONS MILLS FIRE DISTRICT ( ? DEPARTMENT OF FIRE-RESCUE&EMERGENCY SERVICES 1875•Route 28•Centerville MA 0:'M2-3117 1926 508-790-2375 x1 • FAX: 508-796-2385 John M.Farrington,Chief Martin O'L. MacNeely, Fire Prevention Officer Craig E.Whiteley,Deputy Chief Francis M. Pulsifer, Fire Prevention Officer November 6, 2008 Mr. Thomas Perry-Building Commissioners Town of Barnstable 200 Main Street Hyannis, MA 02601 Dear Commissioner Perry: Pursuant to MGL Chapter 148 Section 28A, I am making you aware and request your interpretation of an apartment without secondary egress at: �12-l�Timber L-`an Marstons Mills, MA While on a fire alarm inspection at this address, I observed a finished area over a two- vehicle attached garage. The plans indicate application to build a family apartment over the garage. The area has only one egress doorway leading to grade, not two as required by 780 CMR 3603.10.1. Please contact me with any questions you have relative to this situation at 508- 790-2375 Ext.l. Thank you for your attention to this issue. Sincerely, ^'F 1 Francis M. Pulsifer o Fire Prevention Officer 0 sv '' F .a .f.ter . �.ti;,.< � :• ? .y -;, 01I€:� ., `ti r'ls^ ['� .f_ tir .xls ':. {' f) lr`. ! --J. Cc: Robin Anderson "Commitment to Our Community" Y Amnesty Apartments Last Name FRAGOSA I First Name ROBERT 2nd Owner 2nd Owner Last Name First Name Map Parcel 149051� Property No 121 Property Street TIMBER LANEHV ...._.. ._..._.... Village IMARSTONS MILLS State MA Zip 02648 Status Prospective Action Required Assessors Use Group ISingle Family _. Comp Per Issue Recorded Date Application# Permit Issued: C of C Total Program Total Descripton Cert of Occupancy Issued: Cert of Compliance Issued Notes FAMILY APT CO ISSUED 12/16/08. AMNESTY SITE VISIT 2008,WILL GO BEFORE AMNESTY 2/09. WIL NEED BLDG PER APP FOR AMN WHEN RECORDED DOC'S REC'D CENTERVILLE-OSTERVILLE-MARSTONS MILLS FIRE DISTRICT DEPARTMENT OF FIRE-RESCUE&EMERGENCY SERVICES 1875 Route 28•Centerville, MA 02632-3117 1926 508-790-2375 x1 • FAX: 508-790-2385 John M.Farrington,Chief Martin O'L. MacNeely, Fire Prevention Officer Craig E.Whiteley,Deputy Chief Francis M. Pulsifer, Fire Prevention Officer November 6, 2008 Mr. Thomas Perry- Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Dear Commissioner Perry: Pursuant to MGL Chapter 148 Section 28A, I am making you aware and request your interpretation of an apartment without secondary egress at: 121 Timber Lane t. :.�tMarstons Mills, MA i While on a fire alarm inspection at this address, I observed a finished area over a two- vehicle attached garage. The plans indicate application to build a family apartment over the garage. The area has only one egress doorway leading to grade, not two as required by 780 CMR 3603.10.1. Please contact me with any questions you have relative to this situation at 508- 790-2375 Ext.1. Thank you for your attention to this issue. Sincerely, Francis M. Pulsifer Fire Prevention Officer Cc: Robin Anderson.-, "Commitment to Our Community" :� - .,,•'F,t:t,19 *' 3�,. ,t•7ww,rr..s-.w,�as,.�,,;)--}' �• ;..i...•1 ;� . �,: .�+7E-„•�`^.+�.w i :`t.�•� ..r,.r'�.'ta`',�[yt• �1' . ._.r1 :�..,.-rx; .. - y ,p`OpIIHE T, Town -of -B amstable BARNSTABLE,_ ' Regulatory Services _ µ 1639. . Building Division --- 200 Main Street, Hyannis, MA 02601 t Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection - Location Z l t C Pw(Q&-X L+t-� Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. yt'�g follo ing items need correcting: 1 o P G 1�0 ITC)t4A- L-*+J &Es • ; b G(c g C ru u t' e7 1N - e,C, � „Fa �q( � r L �CIU� i 6�- CeG� �U �r I`� --�-1� 1�1 A-rL C--VQ- L,l I-c r=: o 5-101 QW155 "&C-bL=b AT f*flal�-Abr Pc#-v ) �b�� i�-D A 'TLLV h g yL:-r-- Lgff' l g or- 16ck -P-�-q c-L 2X �03-3 ease call: 508-862-4 �-K-for (� re-inspecti L/ Inspected by t� l �- - p 1� Date x BIKE TOWN OF BARNSTABLE B 11 ., `� a• ,• ti u►��y���g Application Ref: 20063476 BARNSTABLE, Issue Date: 10/25/06 Permit 9 MASS. �pr16 3�A�� Applicant: FRAGOSA,ROBERT&PAMELA Permit Number: B 20061532 Proposed Use: RESIDENTIAL Expiration Date: 04/24/07 [Location 121 TIMBER LANE Zoning District RF Permit Type: RESIDENTIAL ADDITION/ALTERATIO Map Parcel 149051 Permit Fee$ 205.00 Contractor PROPERTY OWNER Village MARSTONS MILLS App Fee$ 50.00 License Num Est Construction Cost$ 50,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND ATTATCHED GARAGE WITH 2ND FLOOR GUEST BEDROOM 26'X26' THIS CARD MUST BE KEPT POSTED UNTIL FINAL EXTERIOR STAIRS PLUS INTERNAL EGRESS INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: FRAGOSA, ROBERT&PAMELA BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 16 THIS WAY INSPECTION HAS BEEN MADE. OSTERVILLE, MA 02655 �� Application Entered by: RM Building Permit Issued By: � THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK.OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE;MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS: THE ISSUANCE OF':THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM'THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRIC "TIONS. . MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH).- 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE,REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). ► Q a ® 1 ® I Na 111V'Ellff BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS /� /, /` Co / 7o,�- �a'`G 3 1 Heating Inspection Ap4dvals Engineering Dept Fire Dept 2 (�����Heal�����'�� TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION a616 07 Map 1� � Parcel I Application# Health Division Conservation Division �� Permit# Tax Collector Date Issued AO/ZS/®�o S-a, 0 Treasurer Application Fee Planning Dept. Permit Fee '�y r➢� Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis ' Project Street Address -rim 1p e;g- Village lMA,QST006 M&L11 Owner �� LC IT. fC2AC__6SZ6 Address UA _Tt vAtt,w., 41J. MAXI f% mtl u Telephone Us- Permit Request l G 7�` i�0 �c ke(A Ot C e t,-j 1AAA 2-n o I GZuq* o " JJV, f r G *ear*- `aS Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Tota new ; G'7 w Zoning District l2 Flood Plain ' Groundwater Overlay Project Valuat on � Construction Type ca 9 Lot Size _ Grandfathered: ❑Yes ❑No If yes,attach supporting d`cumen&. n. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: • Full:existing new Half:existing new Number of Bedrooms: existing_ new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ?view size 71hed:❑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 Y PN .� Telephone Number _"'(50 Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE ate" DATE (24 FOR OFFICIAL USE ONLY '_>'' 9 PERMIT NO. f DATE ISSUED MAP/PARCEL NO. 1 F , ADDRESS VILLAGE 4 OWNER i r DATE OF INSPECTION: O FOUNDATIONS i/ D T` 07 FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL g i 'PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING SG- : PS DATE CLOSED OUT ASSOCIATION PLAN NO. i f 1 r i ne t,ommonweatrn of inusyacnuaeus ' Department oflndustrialAccidents 9.3. Office of Investigations 600 Washington Street Boston, MA 02111 www mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/JElectricians/Pluiinbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): �Cj '�� 5 Address: O'k 1—i ML2 z r City/State/Zip: " or6 ` IA<,, MA ° �Phone#: Are you an employer? Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I 6. ❑New construction employees (M and/or part-time).* have hired the sub-contractors 2.[3I am a sole proprietor or partner- listed on the attached sheet $ �• ❑ Remodeling ship and have no employees These sub-contractors.have 8. ❑ Demolition working for me in any capacity. workers' comp.insurance. 9. [ Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its 10.0 Electrical repairs or additions VII required.] officers have exercised their 3. am a homeowner doing all work right of exemption per MGL 11.0 Plumbing repairs or additions myself. [No workers' comp. c. 152,§1(4),and we have no 12.0 Roof repairs insurance required.] t employees. (No workers' 13.❑ Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy infomnation' ' t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.. =Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp,policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy andjob site information. Insurance Company Name: Policy#or Self-ins.Lie. #: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,50Q.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250,00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certi under the pains and penalties of perjury that the information provided above is true and correct. Si afore: Date: 2` ®ko Phone#: Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/T own Clerk e.Electrical Inspector S.Plumbing Inspector 6. Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as "an individual,partnership, association, corporation or other legal.entity, or any two or more of the.foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling hous a having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152,§25C(6)also states that"every state or local licensing agency shalt withhold the issuance or . renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152,§25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials . Please be sure that the affidavit is complete and printed Iegibly. 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 permittlicense number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been of5cially stamped or marked by the city or town maybe provided to the . applicant as proof that a valid affidavit is on file for future permits or licenses. Anew affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. #617-727-4900 ext 406 0r 1-a77-MASSA.FE Fax# 617-727-7749 Revised 5-26-05 vJWW.ID.25S.40yI(ila °FTHE lqJ, Town of Barnstable ti t Regulatory Services snxr►sz^ss>✓. `rsnss. Thomas F.Geiler,Director Arf039.�p`0 Building Division Tom-Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 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 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. Type of Work: P r ���n. Estimated Cost a)Cm.J Address of Work: [2. t Tt �1Wiv V' � Owner's Name: bm�. Date of Application: ' 2_5 ` 0 I hereby certify that: Registration is not required for the following reason(s): []Work excluded by law ❑Job Under$1,000 OBuilding not owner-occupied §91Owner 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: Date Contractor Signature Registration No. pR Date wner's S afore Q:wpfiles.fornwhomeaffid av Rev: 060606 I Table J3.2.lb(condoned) Prescriptive Packages for Om and Two-Family Residential Buildings Heated with-Fmsil Fuels MAXIMUM MINIMUM Glaring Glazing Ceiling wall Floor Basemeat Slab Heating/Cooling ' r + all pesimetet Equipment Efliamcy' Area w C/�) U-value= R-value R value R value' page R-valuc° R-valuer 5701 to 6500 Heating Degree Days' 12% 0.40 38 1 13 19 10 6 Normal I R 12% 0.52 30 19 19 10 6 Normal S 12% 0.50 38 13 19 10 6 95-ME T 15% 036 38 13 25 WA 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% OZ2 30 19 19 10 6 83 AFUE X 18% 0.32 38 13 23 N/A N/A Normal Y 19% 0.42 38 19 25 N/A N/A Normal t r I s% 0.42 38 13 19 10 6 90 AFUE AA 19% 1 0.50 30 19 1 19 10 6 90 AFUE 1. ADDRESS OF PROPERTY: 2. SQUARE FOOTAGE OF ALL EXTERIOR WALLS: C( Q2 . 3. SQUARE FOOTAGE OF ALL GLAZING: 4. %GLAZING AREA(#3 DIVIDED BY#2): 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 APPRO L: YES: NO: q-forms-f980303a RESIDENTIAL BUILDING PERMIT FEES APPLICATION FETE New Buildings $100.00 Residential Addition $ 50.00 Alterations/Renovations $50.00 � Change of Contractor/Builder $25.00 FEE VALUE WORKSHEET NEW LIVING SPACE p +^ �squar-elfeet-x1$96/sq-foot= x .0041= � (• plus from below if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot= x.0041= plus from below;if applicable) GARAGES(attached&detached) !';�(n csquar_e feet x-$-32/sq:ft:f x .0041= ` S 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) Deck i x$30.00= �'� (number)'.__._. Fireplace/Chimney x$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) Permit Fee Projcost Rev:063004 Town of Barnstable Regulatory Services ` MAS& Thomas F.Geiler,Director .619, ►`�� Building Division lED fAA` Thomas Perry,CBO,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 PLAN REVIEW Owner: Map/Parcel: Project Address f�j /��'� ze Builder: e following items were noted on reviewing: 6 k 4 emn'k 0.y &t ld-z d3-7zCptJ ? 0076 n� Reviewed by: Date: Q:Forms:Plnrvw �OFIKE r Town of Barnstable Regulatory Services BARNSTABLE, t Thomas F.Geiler,Director MASS. g �bp 1639• .• Building Division rEC pAA`t e 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 rr^� Please Print DATE: n 'Z�• V JOB LOCATION: L1, I:lwsfls� �RSTCY5 f�' VL" number-,,^, - / street lUs— name Q village "HOMEOWNER': �VJNNI FY•G�43S r,.. L �()�1 cT + _ home phone# work phone# CURRENT MAILING ADDRESS: �2� 1 �V✓I1 }1� �,n city/town state zap 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 U ction procedures and requirements and that he/she will comply with said procedures and ents. Signs ure of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt s• /5Z-4(o t `+ d' 47, 4L �(400 &d .� a LA N RES. ZQNE: RF FLOOD ZONE: "C" FOVMPATZO'N CXRTZFICA*r1aM O ldhi YARSTONS MILLS PLAN .REF. 247/ 82. FT . DATE 3.0/30/86. $GALE ill . : 30, ELEVATION I HEREBY CERTIFY THAT THE ABOVE FOUNDATION 15 I-OCATED ON THE GROUND AS • SHOWN, AND � jw OF yaKI,cEE Su.RVE�s tTs Pa5IT10At Dogs PAM COnsLLLTanTs CONFORM TO THE ZONING MERITH H -TO RgSP�@RR L. LAW SE75ACK REQUSREPUNT Na 3200 y N• OF BARNSTABL}E , o MARSTON 5 M ILLS MA • oti� t wo$ O Z•(o4* PAUL A. MERLTHEW R.P.L.S. IrET TOWN OF BARNSTABLE Permit No. ................ • BUILDING DEPARTMENT TOWN OFFICE BUILDING Cash �639.79. rO HYANNIS,MASS.02601 Bond ......... /. WC CERTIFICATE OF USE AND OCCUPANCY Issued to Address 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. . ........................... 19................. ........ ................................... Building Inspector Z. .4 TOWN OF BARNSTA:BLE BUILDING DEPARTMENT TOWN OFFICE BUILDING rua i6J9. � HYANNIS, MASS. 02601 a�Y MEMO TO: Town Clerk FROM: Bupartmentq� DATE: ilding De ,�� �/ o An Occupancy Permit has been issued for the building authorized by BuildingPermit ...............................© .............. r�........ ................................................................»..............................»»... issued to � % .... .. ( �A! ...... ..................................................»...»....»_.......»»»......»..»»..»»».» ....... Please release the performance bond. ` DING f=P ERMIT' r j - BU1L ' TOWN OF BARN TABLE, 4MCHUSETTS ` Uctube-r 31 jg 66 PERMIT . u A=Zy9 051 DATE - " - ADDRESS ' ICOpTh'���L-ICENSEi - • (NO.) ' (STREET) APPLICANT - - NUMBER OF •( t-ljI rrifAW� �"I`- - DWELLING UNITS 'p-�•te .. c i n v . STORY (PROPOSED USE .,PERMIT•TO TYPE OF IMPR OV EtvI NT) NO. ZONING 1 1 .;'I OISTR ICT_ I'— AT (LO,CAT ION)" ) (STREET) AND - (CROSS STREET) BETWEEN.' (caoss sraEET) LOT _ .... _ BLOCK --512, ,. LOT - SUBDIV.ISION A FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION _ BUILDING;IS T. WIDE BY� ,TO BE—��. BASEMENT WALLS OR FOUNDATION TO TYPE USE-GROUP ,. REMARKS: ... -� i;t;Ii11� PERMIT 43 p 000 FEE . {j A t C• ESTIMATED COST $' AREA OR 1` VOLUME LSaO S .. C, :(CUBIC/SQUARE FEET) j GAd BUILDING—DEPT. w 3 BY ' OWNER - .w L1Tld JJ_C11. 14A p C ADDRESS 3 s f - } r r E CONDII''10 S EISSUANCEOF THIS PERMIT DOES NbTRELEASE THEAPPLICA`NTFR�OM�TH r _ N n a""—I --FROM THE DEPARTMENT OA. F PUBLIC WORKS. TH HERE APPLICABLE SEP�AE OF ANY APPLICABLE SUBDIVISION REST RICT10N5. PERMITS ARE REQUIRED ELECTRICAL, PLUMBINGMLNIMUMOF THREE CALL CARDOKEPT POSTED UNTIBLFRINALINS.PECTIO TAINED ON NHASDE)EEIN MECHANICAL INSTALLATI INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: MADE. WHERE A CERTIFICATE OF OCCUPANCY IS R FOUNDATIONS OR FOOTINGS- 2. PRIOR TO COVERING STRUCTURAL Q NIREINSPECTION SUDHAS BEEN MADE BE OCCUPIED UNTIL } MEMBERSIREADY TO LATH1. STREET 1 3. FINAL INSPECTION BEFORE p IT IS VISIBLE FROM OCCUPANCY. POST THIS CARDS ELECTRICAL INSPECTION APPROVALS PLUMBIN INSPECTION APPROVALS BUILDING INSPECTION APPROVALS l ! v z ' a � 1 -_ --- 2 • � Z 1 v� v / ENGINEERING DEPARTMENT HEATING INSPECTI PROVALS 3 \ BOARD OF HEALTH OTHER a ION ON THIS THE It PERMIT '+�;LL,BECOME DNWi HIS SIX MONITHS OFSDATE'THHE ARRANGEDSFORIBYTTDELEPHONE ORD RIl WORK SHALL NOT PROCEED UNTIL WORK 15 NO�4T JRT E NOTIFICATION. Q! TOR HAS APPROVED THE VARIODUS STAGES OF PERMIT IS ISS Edd AS NOTED ABOVE. CONSTRUCTION. �� I r i 2?•25' -lf o7 r 4z. �3,4• �9 ii 5.7 M .: c� 4L r 41 a �q .�70. da 76 , E� A N ;RES. ZPNE: .RF- FLOOD ZONE: FOVNDATLON CERTIFICATION TO WAi MARSTON& MILLS PLAN .REF. 247/ 82. DATE 10/30/86 ; . SCALE ill '.: 301. ELEVATION I HEREBY CERTIFY THAT THE ABOVE FOUNDATION I5. LOCATED ON �F M.k THE GROUND AS - SHOW N, AND As�'' y1LItI•LEE SU.RVE �� ITS POSITION DOES PAUL �� C011SGCLTdnTS ,CONFORM TO THE ZONING MERiTHEW �n RAS P LAW SETBACK REQUIREMENT No. 32098 BERRY : LW., OF BARNSTABLE a r��s/gEC/STEa�dJQ,� MARSTON S M )LLS� MA ANAL LAND° O Z�c4 PAul- A. ME RITHE W R.P.L.S. Assessor's offioe •(1st floor), C.C _ r t SEPTIC SYSTEM Mu r , ,Assessor's map`and lot number ... ....1/.:✓G 1.... f INSTALLED IN COM Board of Health (3rd floor): Sewage Permit number .. ::•:�o�.:..'. ... ' WIT�lIL;® H TITLE • 11DLE, i Engineering`Department (3rd floor): - . . I����T�L `►oo �T' 9 d�YAD 6 House number /�J /. i63q /!`1....... . ....... . ... ., r RFD YAY a' I ESIGNING APPLICATIONS-,PROCESSED 8:30-9:30 'A.M, and: 1:00-2:00 P.M. orily' — -_ NGINEER MUST SUPERVISE y _ F�TALLATION AND CERTIFY IN- WRITING Y TOWN OF .B A R N S YN- AL �WA I�NNSTALLED,IN STRICT - BUILDIN�G� .�IN��SPECTOR , APPLICATION FOR •PERMIT TO ...`'�U� r '/„ L.C .( ....................................................... TYPE OF' CONSTRUCTION ....."...... CJC� ........ !.:/.:. ............................................................. , . , 1 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ..... 6 .......... ....:....�/.*n� .r./�. n. ... .rn 7� i!?5,.,h'�s lf..r ........ ........................... Proposed' Use ..................... I . .... . ... . ................. ... A ................... OZoriing District, ......i,'S.,T.-...R....................................................Fire Distric .. ....../� - Y Name of Owner .... ..�.. .....: . ... ...:........................:.Address ....................... .... - Name of Builder Address Nameof .Architect ..............• ............................:...............:.......Address .................................................................................... Number of Rooms .............. ......................................:..........Foundation ........ .J.....:....... ......................... Exterior .....7-71/V...................... r ...........Roofing ......rr��S �l./�� .............................................. Floors .......a..wd.... ?�yt? ...........................Interior .......t5 aev C-uc.�.r................... ......................Plumbing J . Heating .......,�,/G.�r.�i�l..�•..'....................... .....:,�...�.�:�d.!-:�.............................................. Fireplace' ....,.ft�Q.�. ....0 /.G�. ?.✓ '............Approximate Cost .......... .......................... t �. Definitive Plan Approved by Planning Board -------[►°f af- -_-�_ ____=_19-7�___ . Area ....A407 J: ...:"...... Diagram of Lot and Building with Dimensions Fee O ..(s� SUBJECT TO APPROVAL OF BOARD OF HEALTH i . 11�rl Ti � 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 f/��l 1 GADY, DAViD & AMY 30124 permit for Build 1 Stork= No ' i ............... Sin le Famil Dwellin e• .. Y...................$................ Location ..... 2.1.. Timber.,Lane R. Marstons Mills t- T. ..... ... ...... k: Owner .....David.............&..Amy GadY.. Type of"Construction .....Frame.... ...... ............................................................... ......... i- A,Plot ....: .. .............. * Lot ... �. Permit Granted ...Ocicober» 3.1.r. ... 86 .��� W ems�// Y 4• Date .f Inspection �� : ..a .... 19 - s a ,Date.Completed ....7. l(....�/�.........19 sowl . , gyp' tf n e • r.i s f _ " o Assessor's offioe (1st floor): 4Assessfor's map and lot number ... .r...P .�.c.✓.. ../.. Q�oiTHEtO�` Board of Health (3rd floor): t Sewage Permit number _n,s? ........................................... 31sa9Tsnte, S Engineering Department (3rd floor): ��o ,b 9• House number 3 � APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00.2 00 P.M..only TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ............fL ...4?........... �..'��.��!�� .�......................................................... TYPE OF CONSTRUCTION .4)0 � M ..................;.. ............................................................:....................... ` ..........4wej ...........19�.e TO THE INSPECTOR OF BUILDINGS: The undersigned whereby applies for a permit according to the following information:Location ..... � ..... . L .. . ...r �.... � �.,5. . ...................................... Proposed Use ............:.............. ......._X...... .;....................!L ay �1�.......................................... .............................. Zoning District ......R. ....................`...............................Fire Distrc� d �- G ..... .... Nameof Owner .... . .... ... ........ ..... .... .:............................Address .................................................................................... Name of Builder ..:,!1..! .f�!.( ...? ��r-d.�. �`� �.........Address ...... Name,of Architect ..................................................................Address Number of Rooms ...............d!.................................................Foundation .......(,.....,< !.0.7.,04.!'................................................ -7 Exlerior - �1/.................................................................Roofing ...... �:4�J J.s'�1. ................................................ Floors .I,IJC�C?'..... ..(....•? ,k�.�'../................................Interior ......Uh..P...P../..rrX. .-........................................... Heating ......s .............................................Plumbing .......ram.... ✓..}. }... ., .............................................. Fireplace ......moo. ��, r :,/„Ut,)( - Approximate Cost ...... � Oo . Definitive Plan Approved by Planning Board _______________________________19_______ . Area .� -.o.....J: ....... U Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH 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 ..................................... A/ Construction Supervisor's License ....C�.. ��� ........................ ,GADY, DAVID & AMy, A=149-051 A 30124 No ....'Perm it for ...Build..DLie.-St,@.r.y ..........Sin le f AIR i 1,V..Dwelling................ Location ...... .......L 2 I...Um b a r...Lane... Marsto ..................... Owner ........David .............�..ATY...Qqdy....................... Type of Construction ...Frame........................... ...................:........................................................ Plot ............................ Lot ................................ Permit Granted ...... 31............19 86 Date of Inspection ....................................19 Doe Completed ......................................19 Town of Barnstable Regulatory Services °F'THE Thomas F.Geiler,Director r._ Building Division vBARNSTABLE, Tom Perry, Building Commissioner 5 �pl�1 N319. A�� 200 Main Street,Hyannis, MA 02601 7 E,� www.town.barnstable.ma.us _-. , i o 4 Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and stateas follows: Mly name is �06e r� �►, I am the owner/resident of the property located at: k 2 i "i t cMlo&v- 1 a he ����s�ems r�o►15 r The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name & relationship to owner: Name & relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, 1 will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. 1 understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. 1 agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. ?&-W.t * The apartment has been transferred to the Amnesty Program (Appeal No. U09 "05;6 ) Other Sworn to under the pains and penalties of perjury this�_day of hUrok 2009. o�aW� 0 8- 3 Signature Phone Number Print Name 1�®�2r� S 'FT a eUS,v, Q/bidg/forms/famaffi d Rev:12/08 i lei: 22325 Ps 235 -53088 oFt►E'� Town of Barnstable 1-2007 a 19 -- 131 c Reg r ulatoY Services IARNSTABLE, : Thomas F.Geiler,Director. NAM 1639. .•� Building Division ArED��p Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 AGREEMENT FOR FAMILY APARTMENT I(We), the undersigned, being the owner(s) of property situated at 121 TIMBER LANE in MARSTONS MILLS, MA, holding title under a deed recorded with the Barnstable County Registry of Deeds or Barnstable County District Registry of the Land Court in Book '20319 , Page I � 9, , or as Document No. , being shown on Assessors' Map 149 as Parcel 051, hereby agree, certify, warrant and represent to the Town of Barnstable that the accessory attached apartment,which contains living quarters, is intended for use as a family apartment,for year-round occupancy. The intended and authorized use is for AMANDA PEARSON, NIECE OF OWNER ROBERT FRAGOSA associated with the residential use on the same premises. This unit shall be used for a "Family Apartment" (as defined in Zoning Ordinances) which would require compliance with the Family Apartment Rules and Regulations. This unit shall not be rented as an apartment or as a single room, or in any fashion, which rental would be a violation of the Town of Barnstable's rules, regulations, and zoning ordinances. Prior to occupancy of this.unit, affidavits reciting the names of occupants are to be recorded with the building department. This agreement shall be updated whenever a change occurs or every calendar year. This Agreement shall be duly recorded or filed at the Barnstable County Registry of Deeds/Land Court for the purpose of alerting future owners of the property of this binding Agreement concerning the use of the property as herein stated. The consideration for this Agreement is the issuance of a building permit and/or certificate of occupancy by the Town of Barnstable Building Department. WITNESS our hands and seals this _day of ��� �,����. 200_�L. TOWN OF BARNSTABLE WNE (S) By:—Me ing Commissioner THE COMMONWEALTH OF MASSACHUSETT BARNSTABLE COUNTY, SS Date O D o '� Then personally appeared the above-named (owner)' and made oath as to the truth of the foregoing instrument, be re me. 'NJ on Expires: yd"t P.ionpfo WHY PUW My ConMnlabn Expires May 18,201 Commonwealth of Massachuseft TimberLn 121 t�' M1� �. 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