Loading...
HomeMy WebLinkAbout0779 WAKEBY ROAD - Amnesty & MULTI-FAMILY ui mmi mmwm� LL, co w Q d �d l Eile Edif Tools" Iielp ,i i4— r � i r . i► = Rf i .— INN 3 ® U x a' Action, �.._.- _ x d".. - _ rr `as .:F,. ,..,. , .:ar '� '�. ••.. �' ,q > 3 r Detall........... • ..........11 —collect a �r -gowner 4 7{} d51 BU + gose./Deny 3 T 4 3 r a ;°�" - RR911 LEE E - Projectd, iviiy�;a S54` NESTY.V�' 4 15T F2ESdDECNITIAL � � t� �, Ct�Aradorl" PRDP 4 lY Oaf C�ER • borilo I1 _ RDC t CE AS�EuE. N-.T.- B-»,. 6S_1t�ne SS BU aDeScpQfltfn ...,,...,�a.o l Pd(1CIng+.�IISC x s .o. w ._ Property�/Use�a Nora-Cenfolrr Ing DdtaS N�ISC PefJ7t$S ,.'Reac'tIVate;' _.. t.� „ u r i ust`Fees Prx perty pr pert LJse �x Location a' � ��nit ' ;e � .4 Stli9g�USe _7O t Es I fi Street `' �Pf�KEBYIDD + �y�a y � zoning g RF=.RESID' x ., Parcel= - (}I L I:...a I��ISC CF gS TM x s a 3}IP;. T a s i 3,k memo 1 �tvturilcfpaiit5+ ft M �OARSTONS''I�1'JL`LS �; ��� l - .. SUb�dlvislon lot •,,, t t, r s.? " ' r`'..a x, x. w 1 ,ss as l x. T�' E ., ..,...., udlttor,� Be"taraean _ ,x , 4 r `':I Propdsedi�se' 1010=S1NG9 1 ,jy and a s ZoflUlg R -REJ�Id Ir# Summ.Perint x t 4 �`V v .. ,Lacativn deSC ,. i�:" �` `' .'t-,dam £ +"+ c,a�,��,# ��°x.._ s - r m a emo �5,t „� ■ a a xs I! .�biz a d r � a �an Revie4'd 1 _J 4,-� : �'«, r ,a. a n - ;e•, ..e '�.n,: fi tl :+1.�5 u' -§ IN �'a ° Mpr ti ti ^y 7s , ;Piegt�is�esdazrdlRestr Narnes� 1 BcaraE Sib drs Ted Prior'History rE3 lrisp 4�i ( Fiev�e� sy �3 open}terns ± 4Marang � � Eind#elated# , �. 3 � � -x�Lt,.,..,;." F' a •' � "�*m r��'°,� +� �'`'�` �.-�.mi +as-�°� 'x �. = s �.,3 km �,�� _� � Ej f vim" 2. NI 3. I h7dirta�n.pro7ectactiv�t�l dEfia71 for tlxe cur�entappllcati+on �"#a,' v k k ix 0 7 V LI I/ ev,- x _ . d File Edit` -Taals }ael 1p t-017 - s _ - -m� -77 k ck tia, a �� vx Schedule e _ Requested `Schedu1-d ,,. vy Time` `16 p6ctor��� �Peifamied� ' Re6ufts Bal-ant n Field Sheet i EFINAL#1 I WAMA : ,09/2412006 NO ACCESS I App Profile e E'FlN 2 to AM 08/2�, C% PASS 11 'FOUND 1 l 12-CIO p. FRAME 1 12:00 INS 1NSP 1 12:00 i i 2 �. l�rek Schedules & -q SfiF R P Ft1K*E, Town of Barnstable �0* ,,, AB Regulatory Services MASS. AIFo �A Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Madeline Taylor FROM: Lois Barry DATE: 8/27/07 RE: AMNESTY CERTIFICATE Here is the Amnesty Certificate of Compliance (original for applicant and copy for your records) for: 779 Wakeby Road, Marstons Mills J030623a ,1 r- ,.+•t'�p;.. ry^ t,.,;..-t!'�� �'M �mtr r v:,.r - a� .,, - r .�< s .� r '�tk Div �' `^!, ,• r: u AmnesYt Prog ram �k Kl a l S r Ay ' R + r �Hae��l rn o snake affordable �h.ousin ors i gp s za . WiM e lcate of Compliance Af 1140 x This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code s ` and Town of Barnstable zoning ordinances in accordance with the Amnesty program. Owner Lee.`Burrill Location . 779 Wake 'Road, lVlarstons Mills;MA Uuit Capacity O bedr rn not to exceed twopeople .. InspectU, tdbI or M/P No. 012007001 8/13/2007 �tHETn.,� Town of Barnstable Building Department - 200 Main Street ASTABLE. * Hyannis MA 02601 9 MASS i63�. , (508) 862-4038 CFO MA'S A Certificate of Occupancy Application Number: 89033 CO Number: 20070181 Parcel ID: 012007001 CO Issue Date: 08/10/07 Location: 779 WAKEBY ROAD Zoning Classification: RESIDENCE F DISTRICT Village: MARSTONS MILLS Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: AMNESTY APARTMENT ISSUED FOR LEE BURRILL Building Department Signature Date Signed TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION i Map Parcel 0 0 7 �90/ Permit# 90� Health Division jot< NO nn02s"T! 3 8�y�»f Date Issued �1131 Conservation Division s Fee Tax Collector Treasurer �� Planning Dept. Checked in By , 6 Date Definitive Plan Approved by Planning Board Approved By Historic-OKH Preservation/Hyannis Project Street Address '?? /4K Village /dls1d/J Owner L e—e— Address 6-IA -- Telephone �®a- gc70 Permit Request o{ &4roo,— 9--JA n A fitr--f,L,e,1 A/C/1 &62 1-f Square feet: 1st floor: existin proposed 2nd floor: existing proposed' Total new q g p P 9 p p � -�; Valuation Zoning District Flood Plain roundwr Overlay Construction Type W o0d CiAzm{ C-) Lot Size 25- /` Grandfathered: ❑Yes ❑ No If yes, attach suppoUpl g docurfletitatia C) ra Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) r Age of Existing Structure Historic House: Cl Yes 2((No On Old King's ighway:%L0 Yet;' .ffNo Basement Type: ;4 Full ❑Crawl AWalkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing e new l Half: existing ew Number of Bedrooms: existing 2 new Total Room Count(not including baths): existing G new Y� First Floor Room Count e-1 Heat Type and Fuel: A Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes R(No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION Name Telephone Number S�`''� 4 o Qi/rC Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION,DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE _ -�-� DATE J2-Z7/0 S FOR OFFICIAL USE ONLY • r PERMIT NO. ; DATE ISSUED MAP/PARCEL NO. ADDRESS.: VILLAGE OWNER t s DATE OF INSPECTION: FOUNDATION FRAME INSULATION- FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. �..._ ! IMPORTANT - UPGRADE REQUIRED STATE BUILDING CODE REQUIRES THE UPGRADING OF SMOKE DETECTORS REVIEWED SMOKE DETECTORS FOR THE ENTIRE DWELLING WHEN ONE OR MORE SLEEPING AREAS ARE ADDED OR CREATED- NOTE: A SEPARATE PERW•tS_,REtURED FOR.THE BARNSTABLE BUILDING DEPT. DATE INSTALLATION OF SMOKE DETECTORS-THE ELECTRICAL PERMIT DOES N SATISFY THIS REQUIREMENT. FIRE DEP RTMENT DATE BOTH SIGNA RES ARE REQUIATD FC R PERMITTING 7 t _ toys N � v 1 rf W tiX. e y x. 13F K ci - Bk 20277 Ps7O `65 67 09-20-2005 a 02 2 480 n'- =r r n 01 r,.,- . ' =,ARM.U.e MAO& Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2005-066—Burrill ' Decision-Chapter 4013 Comprehensive Permit. Appgiant: Lee E.Burrill Property Address: 779 Wakeby Road,Marstons Mills,MA ' Assessor's Map/Parcel: Map 012,Parcel 007/001 Zoning: Residential F Zoning District Applicants: ' The applicant is Lee E. Burrill,who resides at 779 Wakeby Road,Marstons Mills,MA. Mr.Burrill was -= granted title to the property by deed recorded in the Barnstable Registry of Deeds on February:2,,,t998 as recorded in Book 11200,Page 182. Relief Requested: The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of tom. Commonwealth of Massachusetts, and in accordance with Article H of Chapter Nine of the Code oftle town of Barnstable,more commonly termed the"Accessory Affordable Housing Program." "t;`, The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Sect�ui 9- 14 of the Code—Amnesty Program to permit an accessory apartment unit to a single-family ownei` occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an ac.c .. affordable apartment unit in the lower level of the principle residence. Locus and Background: The property at issue is a 1 acre lot located at 779 Wakeby Road in Marstons Mills. The lot was developed in 1986 with a single-family home. The effective living area of the main residence is 1,245 square feet. The accessory apartment is a one-bedroom unit of approximately 420 square feet located in the lower level of the principle residence. The lot is served by public water and on-site septic,and is located within a Groundwater Protection Overlay District. On June 7, 2005,the town of Barnstable's Public Health Division reviewed the septic and approved the property for a total of three (3)bedrooms. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Office of Community& Economic Development on June 30,2005,in accordance with MGL Chapter 40B and 760 CMR. Notice of the.site approval letter was sent to the Department of Housing and Community Development in accordance-with the.requirements of CMR 760. An application for a Comprehensive Permit was then filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals on July 11,2005. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on July 8, 2005 and July 15, 2005, and notices were sent to all abutters in accordance with MGL Chapter 40B. �, ' s On July 27, 2005 Hearing Officer Gail Nightingale presided over the public hearing. The applicant,Lee Burrill,was present at the hearing. Elizabeth Dillen of the Office of Community.and Economic Development was also present. Ms.Nightingale reviewed the file with the applicant to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on July 247,2005 the Hearing Officer made the following firs ings of fact: 1. The applicant is Lee E. Burrill who resides at 779 Wakeby Road, Marstons Mills MA. He .is requesting a Comprehensive Permit to convert an existing one-bedroom apartment in the lower level of the principle residence into an affordable rental unit. The conversion of the unit to an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for the"Accessory Affordable Housing Program." 2.Lee E. Burrill was granted title to the property by deed recorded in the Barnstable Registry of Deeds on February 2,1998 as recorded in Book 11200,Page 182. 3. On June 30, 2005 a site approval letter was issued for the property by Elizabeth Dillen of the Office of Community&Economic Development, 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 420 square feet, and is located in the lower level of the principle dwelling. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit-for compliance with all applicable building and fire codes. 6. The house is served by public water and private on-site septic and is in an identified Groundwater Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved the use of the existing on-site septic system for a total number of three (3) bedrooms. 7. On May 27, 2005 the applicant signed an Accessory Affordable Housing Program Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit,to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as his year-round residence. 8. The applicant understands that the affordable unit will be rented to a.person or family whose income is 80%or less of the Area Median lrcome(Al!?I) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and further agrees that rent(including utilities) shall not exceed 30%of the monthly household 'income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent.level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of July 27, 2005,6.3% 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 2 l T or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. Finding Summary: Based upon the findings,the Hearing Officer ruled that the applicant has standing to apply for an affordable housing Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartii..,Prog�.am: The proposal.s alse.deemed enncistPnt with local_needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings,a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicant,Lee Burrill. It is issued to allow for the creation of a one-bedroom affordable housing unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two people. 2. The property owner shall occupy the principal dwelling as his year-round residence. 3. This unit shall not be occupied by a family member of the owner(s). 4. The total number of bedrooms on the property shall not exceed three(3). S.All parking for the accessory apartment and the main dwelling shall be on-site. 6. To meet the requirements of affordability,the cost of housing(including utilities) shall not exceed 30%of 80%of the median income for a single individual for the Bamstable-Yarmouth MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum term of one year. 8. The Office of Community and Economic Development shall serve as the monitoring agent for the accessory apartment. 9. The applicant must apply for a building permit for the accessory unit,whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance,the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 10. The applicant may select his own tenant,provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Office of Community&Economic Development of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible 3 f individual or family. Whenever a vacancy occurs,notice must be given to the Office of Community &Economic Development 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 Office of Community&Economic Development of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant ehall nrr%6(jP the town any additional,infarrnation it deems necessary to verify the information k--..� K. _. y 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 Office of Community&Economic Development of the town of Barnstable shall be notified within 60 days the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. 4 Ordered: Comprehensive Permit 2005-066 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by 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 be-6 ed iu the office of the Tovm Clerk. Appeals of the final decision,if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. In accordance with Chapter 241, Section 11 of the Town of Barnstable Administrative Code,the hearing officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on July 27,2005. Fourteen(14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. Gai ightingale, laring 0 icer Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County, Massachusetts,hereby certify that twenty.(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. G( Signed and sealed this t� day o under the pains and penalties of perjury. n- Linda Hutchenrider,Town Clerk 5 r ' Bk 20277 Ps 75 -65668 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this ZZ-2' day of �2005,by and between Lee E.Burrill of 779 Wakeby Road,Marston Mills MA 02648 and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the"Municipality').,a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulation by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN- The terms of this Agreement and Covenant regulate the property located at 779 Wakeby Road,Marston Mills MA 02648 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 11200 Page 182. B. The Project located at 779 Wakeby Road,Marston Mills MA 02648 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"). G The Owner agrees"to construct the Project in accordance with the terms of comprehensive permit Appeal No;2005-066 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 year round residence in accordance with the terms of the comprehensive permit. 11. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to person earning at or below 80% of the area median income of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable-Yarmouth NSA 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 Bamgrabi - Yarmouth 16A. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level 3,:; The Designated.Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least.a.one-year lease. 4 . The Owner has the full legal right,power and authority to execute and deliver this Agreement: 5: 'The execution and performance of this Agreement by the Owner will not violate or, as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture, agreement,mortgage, mortgage note,or other instrument to which the Owner is a parry or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full- G 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-Yarmouth 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-Yarmouth MSA- In the event that utilities are separately metered,a utility allowance established by the Bamstable 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. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth 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-Yarmouth MSA-In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. V. RECORDING OF AGREEMENT- Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to "be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of 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 2 f registration number of the Agreement. VI 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. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. X. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed 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 11200 Page 182 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 11200 Page 182. XI. 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 maybe,thus rendering said Comprehensive P ermit 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 XII. SUCCESSORS AND ASSIGNS: A The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with.the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (iii) are not merely personal covenants of the Owner,and (1) shall bind the Owner,its successors and assigns.and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XIII. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The.Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent 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. XIV. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this iA day of,,�,A e ,200C)_S OWNER BY: LEE-E.BURRILL CO?vIIvIOIv'WEALTH OF MASSACHUSETTS Countyof Barnstable,ss: On l� y l 2V before me,the undersigned notary public,personally appeared . the,Owner(s) ,proved to me through satisfactory evidence of identification,which were , ,to be the person(s) whose name(s)is signed.on the preceding or attached document and acknowledged to be that#he/sh d it voluntarily for the stated purposes. t" 'H ANN DILLEN Notary Public Commonwealth of Massachusetts UV) My Commission Expires tary Public October 27, 2011 Printed: �`� (���� �/ My Commission Expires: /d L7 t/ 4 s � TOWN OF BARNST , BY: MANAGER COMMONWEALTH OF MASSACHUSETTS Counryof Barnstable,ss: On thigda y of�(� � ?O��bef ore me,the undersigned notary public,personally appeared l ,the Town Manager for the own of Barnstable,proved to me through satisfactory evidence of identification,which were ,to be the person whose name is signed on the preceding or attached document Ad ackno dged to be that he/she signed it voluntarily for the stated purposes. a � Notary Public Printed: My Commission Expire S 3. �7 LINDA R WWEELDEN Nmw PUBLIC Ny Comm Expires 02-23-2007 5 Fie. Edit T©t71S�FIEip* '£ s e � s° t �s Pazx 'z GS rk" s ze .k^x ft a an 6 � x w 1� "hg " '� ' 4:a'`''§ 9 r 77 77 I Sehedle ,Type R 'Time �r I ar Peiformed'" t1 Results Banc l !�EFINAL 41 WAMA . 08/24./2006 'rd0 ACCESS I App'P rcml7 EFIN j-r �'u',�M �4 IY 8120� PASS " FOUND 1 12:00 I �{ F'Rf Nt E 1 12:00 �, I ' INS INSP 1 i 34. '*,.P`=+ � "S '_: -* '`�` -•s--G-e;€ ;' "w�° s^':€ �#" Se €cam. , , x i � u � r _ o��..=...«+s,ls.`'...n.F>.;e.......E ...,..�...d - - «- �oL:�E.L..�,as.�' `-' �.w�.�..�T "2..�C ",. � -• ., Y; ' f �a ell/ / ,9 _7 f TO: File FROM: L. Barry DATE: 4/6/06 Permit 89033 issued 12/13/05, permit was paid but not picked up. Called Lee Burrill 4/6/06 to say I'd mail permit but he needs to get an electrician to pull permit for smoke upgrade. He said he would do that. After smokes approved, we need to schedule a final inspection and issue a Certificate of Occupancy. Message Page 1 of 1 Barry, Lois To: Taylor, Madeline Subject: RE: 779 Wakeby Rd, Marstons Mills He pulled building permit 89033 12/13/05 and was notified several times that he needs to have an electrician pull a permit for a smoke detector upgrade and to let us know when the upgrade has been done. We'll then schedule a final inspection. I left him another voice mail message today (11/21/06). Lois -----Original Message----- From: Taylor, Madeline Sent: Monday, November 20, 2006 3:25 PM To: Barry, Lois Subject: 779 Wakeby Rd, Marstons Mills Hi Lois Did Lee Burrill, the owner of 779 Wakeby Rd, ever apply for his building permit? Thanks Maddie Madeline Taylor Accessory Affordable Apartment Program Coordinator Growth Management Department Town of Barnstable 367 Main Street Hyannis,MA 02601 Phone:508-862-4743 Fax:508-862-4782 11/21/2006 Barry, Lois To: Taylor, Madeline Subject: 779 Wakeby Road, MM Madeline, The owner called me this morning. In April I had told him he needed to have an electrician pull a permit for a smoke detector upgrade, but he has not yet done so. He said he'll do it and let me know. We will then get the CO fee and issue the CO and the Certificate of Compliance. Lois i FIMME , Town of Barnstable BARNSrABLE, : Regulatory Services v� 16 . `0� Thomas F. Geiler, Director � Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 September 26, 2005 Lee E. Burrill 779 Wakeby Road Marstons Mills, MA 02648 Re: Proposed Accessory Affordable Apartment 779 Wakeby Road, Marstons Mills Dear Mr. Burrill: We have received the recorded Regulatory Agreement and Comprehensive Permit for the accessory affordable apartment to be created at the above-referenced 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, I Lois Barry Division Assistant J040616a Barry, Lois From: Dillen, Elizabeth Sent: Tuesday, September 13, 2005 1:46 PM To: Barry, Lois; Perry, Tom Subject: Units ready for final inspection The following property owners in the Accessory Apartment Program have a final comprehensive permit and have requested a final inspection: • Ron Johnson -6 Pine View Drive, Cotuit- EXISTING UNIT (H) 508-778-0663/(W) 508-771-3441 • Lee Burrill 4779 Wakeby Rd, Marstons Mills - EXISTING UNIT (H) 508-420-9156 • Eric Hubler-20 Lantern Lane, Hyannis- EXISTING UNIT (C) 508-648-5805 • Tom Capizzi-90 Head of the Pond Rd, Marstons Mills- EXISTING UNIT (C)508-274-4230 • Sara Benson - 170 Woodside Rd, Marstons Mills- EXISTING UNIT (H) 508-420-3048 ***Sara would like to know if she still must apply and pay for a building permit, since she has already done so for the construction of the (former) family apartment. 1 told her 1 would ask if it is possible to waive the requirement in this case, and use the one on file. • Ann Brigida-26 Circuit Ave, Hyannis- NEWLY CONSTRUCTED UNIT (H) 508-775-3230 Elizabeth Dillen Town of Barnstable Office of Community Development 508.862.4683 i Perry, Tom From: Dillen, Elizabeth Sent: Wednesday,June 08, 2005 11:10 AM To: Perry,Tom; Edson, Linda Cc: Lauzon, Jeffrey; Mattos, David; Roma, Paul; Fitzgerald, John; Barry, Lois;Taylor, Madeline Subject: Update on Properties Referred to Amnesty Program Update on Properties Referred to Amnesty Program by Building Division - June 2005 HYANNIS • 56 Pine Grove Ave, Hyannis -John Monteiro UNLIKELY- Had site visit on 5/26/05;Applicant will need to excavate and cut through concrete to make an acceptable bedroom window, may opt to remove kitchen instead; he will be on vacation for several weeks and plans to get estimates for project when he returns • 59 Blueberry Hill Road, Hyannis - Faythe Collins Azevedo PROBABLE - Had site visit on 4/12/05; Site approval application under review by Health Division (currently more bedrooms than allowed under Title V- working with applicant to resolve) MARSTONS MILLS • 779 Wakeby Road,Marstons Mills - Lee Burrill PROBABLE - Had site visit on 5/27/05; Site approval application under review by Health Division • 170 Woodside Road,Marstons Mills - Sarah Benson PROBABLE - Had site visit on 6/1/05;Site approval application under review by Health Division • 125 Woodside Road,Marstons Mills - Lisbeth Florestal NO- Had site visit on 6/1/05;There are currently two apartments in addition to principle residence- no permits were pulled and neither is remotely up to code ,also a dilapidated shed at property with kitchen and living area (the entire property is basically a disaster).Property owner's husband has recently been deported and she cannot afford to keep the property or pay for removal of kitchens, so she plans to sell as is. Realtor was at site visit, explained to her that prospective buyer must apply to Amnesty Program to keep one of the apartments and remove others. • 829 Osterville - West Barnstable Road,Marstons Mills -Jo-Ann Bergeron .. PROBABLE - Had site visit on 12/16/04;Site approval application under review by Health Division (currently more bedrooms than allowed under Title V- working with applicant to resolve) COTUIT • 576 Mariner Circle, Cotuit- Lois Skinner PROBABLE - Had site visit on 5/19/05 - Site approval application under review by Health Division • 31 Keela Road, Cotuit- Christina Kelley YE S- ZBA Hearing on May 25, 2005 i I, e 141 Highland Ave, Cotuit- Ron Tosti YE S- ZBA Hearing on July 27,2005 BARNSTABLE • 1586 Hyannis Road, Barnstable - Stephen Duff YES - ZBA Hearing on May25,2005 WEST BARNSTABLE • 60 Pine Street,West Barnstable -Jane McCormick NO- Had site visit on 3/22/05,Jane opted to pull permit to remove kitchen CENTERVILLE • 6 Victoria Street, Centerville -Jennifer Eldridge NO- property owner has cousin moving in;will apply for a Family Apartment permit • 96 Camp Opechee Road, Centerville -Josh Leonard PROBABLE - Had site visit on 4/5/05;site approval application under review by Health Division (applicant hired septic inspector to complete Title V report) • 23 Elliott Street, Centerville - William Anderson PROBABLE - Had site visit on 4/19/05; site approval application under review by Health Division (currently more bedrooms than allowed under Title V- working with applicant to resolve) • 137 Main Street, Centerville - Robert Davalos PROBABLE - Had site visit on 5/23/05; There are currently two apartments in addition to principle residence- explained to applicant that he will have to dismantle one,he is deciding which one he will keep. • 324 Nye Road, Centerville - Deb Sarnia PROBABLE - Had site visit on March 3,2005;site approval application under review by Health Division (currently more bedrooms than allowed under Title V- working with applicant to resolve) OSTERVILLE • 8 King Arthur Drive,Osterville - Donna Baker UNKNOWN- site visit tentatively scheduled for 6/9/05 • 656 Main Street, Osterville - Susan Enrenthal UNKNOWN- site visit not yet scheduled Elizabeth Ddkn Spacial Projaas Coordinator Tozer of Barrmable Of x of Community& E cmnonz*c Dezelp 508.862.4683 2 oF� The Town of Barnstable BARNSTABM ,.� Office of Community and Economic Development RFD MA'S a 230 South Street Hyannis, MA 02601 Office:508-8624678 Fax:508-8624782 May 31,2005 Mr.John C.Klimu Town Manager GaryR Brown,Town Council President Barnstable Town Hall 367 Main Street Hyannis,MA 02601 Re: � Lois Skinner- 576 Mariner Circle,Cotuit- a single-family accessorylqo Lee Burrill- 779 Wakeby Road,Marston Mills - a single-family accessory unit Sara Benson- 170 Woodside Road,Marston Mills - a single-family accessory unit Lisbeth Florestal- 125 Woodside Road,Marston Mills - a single-family accessory unit Gentlemen: This letter is to inform you that the Accessory Affordable Housing (Amnesty) Program has received requests for a project eligibility letter under the Community Development Block Grant (CDBG) Fund and under Article II of Chapter Nine of the Code of the Town of Barnstable and the Criteria for the Local Chapter 40B Program The Program Coordinator is reviewing the requests.If the Town has any comments on the projects please forward them to me so that they can be addressed in the site approval letter. This letter gives you official notice of our receipt of the above application(s). We will issue a decision as to the acceptability of the sites and the consistency of this development within the guidelines of CDBG. cerely, beth Di�n,Program Coordinator mmunity conomic Development cc: Town Attorneys Office Building Department l/ Public Health Department B'k 20277 P�70 -INF65667 09-20-2005 a1 02 2 48o zo `6r �.iYt1 4 y� MASS - J C� ., Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2005-066—Burrill Decision-Chapter 40B Comprehensive Permit. WApplicant: Lee E. Bum*ll '= Property Address: 779 Wakeby Road,Marstons Mills, MA - Assessor's Map/Parcel: Map 012,Parcel 007/001 Zoning: Residential F Zoning District _ Applicants: The applicant is Lee E. Burrill,who resides at 779 Wakeby Road,Marstons Mills, MA. Mr. Burrill was ` .. granted title to the property by deed recorded in the Barnstable Registry of Deeds on February.2,-tQ98 as V recorded in Book 11200,Page 182. Relief Requested: The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of .. Commonwealth of Massachusetts, and in accordance with Article II of Chapter Nine of the Code d1he town of Barnstable,more commonly termed the"Accessory Affordable Housing Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9- 14 of the Code—Amnesty Program to permit an accessory apartment unit to a single-family owneirP occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit in the lower level of the principle residence. Locus and Background: The property at issue is a 1 acre lot located at 779 Wakeby Road in Marstons Mills. The lot was developed in 1986 with a single-family home. The effective living area of the main residence is 1,245 square feet. The accessory apartment is a one-bedroom unit of approximately 420 square feet located in the lower level of the principle residence. The lot is served by public water and on-site septic, and is located within a Groundwater Protection Overlay District. On June 7, 2005, the town of Barnstable's Public Health Division reviewed the septic and approved the property for a total of three (3)bedrooms. Proccdural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Office of Community& Economic Development on June 30, 2005,in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760. An application for a Comprehensive Permit was then filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals on July 11,2005. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on July 8, 2005 and July 15,2005,and notices were sent to all abutters in accordance with MGL Chapter 40B. On July 27, 2005 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Lee Burrill, was present at the hearing. Elizabeth Dillen of the Office of Community and Economic Development was also present. Ms.Nightingale reviewed the file with the applicant to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: ,nor mo(la the fnllnunna finrlmnc of fact: At the hearing vi,Jii1y G/, GVV'J'L11V'ilt✓CULLLE',virivv: ��.�..... .,... s,:...,.....b ..._____a.. _._ 1. The applicant is Lee E. Burrill who resides at 779 Wakeby Road, Marstons Mills MA. He is requesting a Comprehensive Permit to convert an existing one-bedroom apartment in the lower level of the principle residence into an affordable rental unit. The conversion of the unit to an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for the"Accessory Affordable Housing Program." 2. Lee E. Burrill was granted title to the property by deed recorded in the Barnstable Registry of Deeds on February 2,1998 as recorded in Book 11200,Page 182. 3. On June 30,2005 a site approval.letter was issued for the property by Elizabeth Dillen of the Office of Community&Economic Development, 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 420 square feet, and is located in the lower level of the principle dwelling. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and private on-site septic and is in an identified Groundwater Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved the use of the existing on-site septic system for a total number of three (3) bedrooms. 7. On May 27, 2005 the applicant signed an Accessory Affordable Housing Program Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit,to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as his year-round residence. 8. The applicant understands that the affordable unit will be rented to a.person or family whose income is 80% or less of the Area Median inc.-tAX/ l of.Rarnctahle-VarnnoUth Metropolitan Statistical Area(MSA) and further agrees that rent(including utilities)shall not exceed 30% of the monthly household income of a household earning 80%of the median income, adjusted by household size. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development,as of July 27, 2005, 6.3% 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 2 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. Finding Summary: Based upon the findings,the Hearing Officer ruled that the applicant has standing to apply for an affordable housing Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's n n.,....-+.. -+D.v...rom Tl,a^ri^^^$—a 1. a1S`n riPemPrl consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicant, Lee Burrill. It is issued to allow for the creation of a one-bedroom affordable housing unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two people. 2. The property owner shall occupy the principal dwelling as his year-round residence. 3. This unit shall not be occupied by a family member of the owner(s). . 4. The total number of bedrooms on the property shall not exceed three(3). 5. All parking for the accessory apartment and the main dwelling shall be on-site. 6. To meet the requirements of affordability, the cost of housing(including utilities) shall not exceed 30%of 80%of the median income for a single individual for the Barnstable-Yarmouth MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum term of one year. 8. The Office of Community and Economic Development shall serve as the monitoring agent for the accessory apartment. 9. The applicant must apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 10. The applicant may select his own tenant,provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Office of Community &Economic Development of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible 3 individual or family. Whenever a vacancy occurs,notice must be given to the Office of Community &Economic Development 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 Office of Community&Economic Development of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall nrmrirla the town any additional ;nfo,-,,,at;on 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 Office Community&Economic Development of the town of Barnstable shall be notified within 60 days of C ty p the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. I ' I i 4 I I I Ordered: Comprehensive Permit 2005-066 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by 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 L. 11 L. A—f',1-1 ;++ the MT—of the T^:zm Pkirk .._. Copy Suau Ljv cuv u...0... Appeals of the final decision,if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. In accordance with Chapter 241, Section 11 of the Town of Barnstable Administrative Code, the hearing officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on July 27,2005. Fourteen(14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. (9 �d Gai ightingale, deaning 0 icer Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County, Massachusetts,hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. I)ttd Signed and sealed this day o �L%� under the pains and penalties of perjury. U Linda Hutchenrider,Town Clerk i I i I I 5 l� 7 �fy�hEs;3 Bk 20277 Ps75 09-20-2005 a 02 2 4Bo REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this I L, . day of 1/' 0.2005,by and between Lee E.Bunill of 779 Wakeby Road,Marston Mills MA 02648 and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the"Municipality"),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulation by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN- The terms of this Agreement and Covenant regulate the property located at 779 Wakeby Road,Marstons Mills MA 02648 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 11200 Page 182. B. The Project located at 779 Wakeby Road,Marston Mills MA 02648 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..2005-06.6 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 year round residence in accordance with the terms of the comprehensive permit. 11. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside i ty for the public purpose of p n perpetuiroviaing saf e and decent housing to person earning at or below 80% of the area median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable-Yarmouth 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- r atmouth ivlbA. 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. C The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. 'The execution and performance of this Agreement by the Owner will not violate or, as applicable,has not violated any provision of law,rule or regulation, or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture, agreement,mortgage, mortgage note,or other instrument to which the Owner is a parry or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Bamstable-Yarmouth 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-Yarmouth 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. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income(AMI) of Bamstable-Yarmouth 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-Yarmouth MSA.In the event that utilities are separately metered,a utility allowance established by the.Barnstable Housing Authority shall be deducted from the rent. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of 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 2 r - 1 registration number of the Agreement. VI 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. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. X ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed 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 11200 Page 182 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 11200 Page 182. XI. 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 XII. SUCCESSORS AND ASSIGNS: A The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner,and (1) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. 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 alien on the Project to secure payment of such costs and expenses. The Monitoring Agent mayperfect such alien on the Project byrecording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. M. 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 1A day of_5ex4 .b, ,20005 OWNER BY: LEE E.BURRILL COMMONWEALTH OF MASSACI-i'USETTS County of Barnstable,ss: / On ' y o 205 before me,the undersigned notary public,personally appeared ,the.Owner(s) ,proved to me through satisfactory evidence of identification,which were to be the person(s) whose name(s)is signed on the preceding or attached document and acknowledged to be that�he/shes t:UZA EiH ANN 6ILLEN�d it voluntarily for the stated purposes. Notary Public Commonwealth of Massachusetts My Commission Expires r tary Public October 27,2011 Printed: �`�����/' �/� My Commission Expires: 4 TOWN OF BAR NS JI COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this 1 day of ,_2q jSbefore me,the undersigned notary public,personally appeared �I . the Town Manager for the own of Barnstable,proved to me through satisfactory evidence of identification,which were ,to be the person whose name is signed on the preceding or attached document d ackno dged to be that he/she signed it voluntarily for the stated purposes. Notary Public Printed: My Commission Expires: LOW R WHEMDEN WTAW PUBLIC COWONll ATROFUMACf+usErrs W C Ekes o2 2s-2ao7 i i 5 I I t Assessor's office(1st floor): p ....... � .. Assessor's ma and lot number . Board of Health (3rd floor) i IN�TAL.LED IN d Sewage Permit number .........Y/.../. .. .�`J.. "VITIHTITL ]SAWSTADLE, : Engineering Department (3rd"floor): EY- 'MENTAL " House number ....,..................... . . ..? ar a�.. Definitive Plan Approved by Planning Board ________________________________19_.______ . 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 ..c3wj..�? S . ......`. `.�.............................................................................. TYPEOF CONSTRUCTION ... CrW.............................................................................:.................................... ... a�.3.............19-.U.v. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies fora permit according to the following information:, l ,� p Location ...1../...1•.... ! - ......./. .:.......1,`'f,!.i. �5...�' .5.......�. .1:iS.......C�!.(.P.��.S.°...o .Y ......:...... ProposedUse . ....................................................................... Zoning District ..a! ...............:...................... ............::......Fire. District ... .........................r........�.��v`................,........... ... 7Pin ...%7`Y. 1�4 Name of Owner off :................. . ..Address ... .. ............... ...................... ............ Name of Buildera"' '.may..'.......................... .:...::.. ..:.:....Address ...................... ....».......... ......... ...... ........ .. / Name of Architect ......................................................:...... Address ........................................::........... ... Number of Rooms ..................................................................Foundation £T44. . Ex1eor .......... .........................................................................Roofing .........:. Yv.© .....................................Floors ............. .. ............. .. ...............Interior .................................................................................... Heating g QFireplace ..... .:................................................................:..:......Approximate Cost .., ..... 1:77/' • .. Area ....../. ..... • ••. • .... ... Diagram of Lot and Building wit Dimensions Fee �---� iol 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. ,, L Name . i„ -!� O(,........:............ 7 Construction Supervisor's License .. �r/�.. a •�-BICKFORD, BETTY �- No ..3.1,9.$.C.. Permit for ..Bld.,,Sorag� Shed' - ' - % 779 Wakeb _ Road Location ..............................Y............................... - " ...... . .Marstons...Mill .............. .............. ..................... 1. �a - x' t a Owner : Betty Bickford..... .......... ,......`................... ..... f i Type of Construction Frame , ............................................................... ti:♦ „ �. < ti cs .................... Lot Plot'...: s Permit Gianlej .. .,7un-ed .a. , '. 19 8 8 -�^ �- ,J � �„ .t tl �°'y.. i •eta � . - 4 '"t r` , Date of`.Inspection ............... ....19 Date Completed .......... / ......19 rld F^ �T •TMf TOWN OF BARNSTABLE Permit No. _______29(�I3 6___________ { . Building Inspector Cash OCCUPANCY PERMIT Bond __ _ Issued to Barnstable Holding Co. Address lot #1 779 Wakeby Road, Harstons Mills Wirin�tor-_" Inspection date Plumbing Inspector ' Inspection date Gas Inspector ,� Inspection date Engineering Department Inspection date Board of Health Inspection date 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 F THE MASSACHUSETTS STATE BUILDING CODE. ............. & ...... ....: ...................................��... ............ ..........._... r` Building Inspector C TjQ0 TOWN OF BARNSTABLE, MASSACHUSETTS 4 ERNOV A-12-'7 & 28-24 & 25 (not plotted) JOB WEATHER CARD DATE t itCh 26 19 86 PERMIT NO. i 2908R APPLICANT Owner ADDRESS 096038 (NO.) (STREET) (CONTR'S LICENSE) Build dwelling 1� Single family dwalling DWELLLROF PERMIT TO (_)- STORY ING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) AT (LOCATION) lot #1 779 W,akeby Road, Mrstone Mi118 D ZONING STR CT Rr (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE t BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM,IN CONSTRUCTION t TO TYPE USE GROUP BASEMENT WALLS.OR FOUNDATION._ (TYPE) Sewage #86-135 REMARKS: i ' BOND f4 ;AA OR 768 3Q. ft. 50eCCC PERMIT 46.00 V&UME ESTIMATED COST $ FEE .� (CUBIC/SQUARE FEET) h� q NER Barnstable Holding Co, Inc. w � �• s 1L11J-1W:Crst 1u1L1Y :74'XC�"�� t�3%�1ttYl:Lis CSti BUILDING DEPT. I. tRESS BY ! fl l t � k T�•IS PERMIT CONVEYS NO.RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY. PART THEREOF.,EITHER TEMPORAI'L'Y P 5RMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY, NOT SPECIFICALLY PERMITTED UNDER TH'E'BUILDING CODE, MUST BE AP PY-OVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINF_-'fl.r'%,;' 4._ i-r. THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIOi+Ii$"'-. ;Di--ANY APPLICABLE SUBDIVISION RESTRICTIONS. *:.- a d dlna'AMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE S ECTIONS REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FOR Ff; CONSTRUCTION WORK: ELECTRICAL, PLUMBING AND �z- FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. PRIOR TO COVERING STRUCTURAL QUI.RED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL �Fe' n`"WEMBERS(READY TO LATH). E}s\ � -'GINAL I NCy CTION BEFORE FINAL INSPECTION HAS BEEN MADE. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING PE TION APPROVALS PLUMBING INSP CTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1.Iww� VI 2• 2 �I . 2 Gh 3 %0 HEATING INSPECTING APPROVALS REF IGERATION INSPE ION APPROVALS „T`HER 2 - 2 I WCRK.= A: _—NeT-PROCEED UNTT"C-THE— PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION iNSPECTIONS INDICATED ON THIS CARD NSPECTCR SAS APPROVED TLIE ✓'AR!OUS + WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE CAN BE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION. it PERMIT IS ISSUED AS NOTED ABOVE. OR WRITTEN NOTIFICATION. < I ,yc` Y",:t�o'�Xsa.c�y;s �ttY '.., e_ '•st�� ?^ a 6� , ZowrD 2 r A t N /F y,,,, L .C. a o 0 Ll Z. • - �Aso �� 0 o -r' :�x 6p , K � 175, 00 5 8q0 0lz � H9'' G -B t Has r CERTIFIED PLOT PLAN y O� AM My0A. ELOR-i.DGEes ° +® 7 I N No. 1936 7t o ,`d1 B� �f9 d� i M, SCALE DATE 3 5fiaet ENGI EE ING C .J I CERTIFY THAT THE _Fe uiv plarftl �o $. CLIENT Nab o� E019TERED RE,OISTERSD SHOWN ON THIS PLAN IS' LOCATED 'NQ.;� ,: 'ON THE GROUND AS INDICATED AND i]qC,k:S CIVIL : LAND CONFORMS M THE ZONING LAWS ENGINEER �` ' Dlri'.BY, SURVEYOR OF BARN STABLE MASS. ,• 7t2� MAI N �.STR£ET f :- z h . ,HY .MA IS , MASS ' t — I _ SHEET.40f` p TOE REG. LAND SURVEYOR erg' a o� &�- .�y,r a YSTEM MUST As�sessor'�s map and lot number ................. , C 1� � E T LED IN COMP Sewage Permit number ...... .J.5..........:...... WITH TITLE 5 e`" ENVIRONMENTAL- � ONMENTAL CO • LE, House number ......... . ....��.:�....�?.... ............................. TOWNraea � REOU�.AT� s639. `e0 TOWN 'OF BARNSTABLE BUILDING -INSPECTOR APPLICATION FOR-PERMIT TO r .... .'dll` TYPE OF CONSTRUCTION .....!k~-4.............. .PZ.r.!t<................................................................................ ...............19.vZ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby appli s for a per/}it according to the f lowing formation: Location .. .(!.1....... .................... .......lL :............ .. .. �...... . .. .................................................................... 12 ProposedUse ... .......... u.f.. �,t�,......................................... Zoning District /.1... ................................... ..F' District ................... p na. Name of Owner . . ..�t!!.✓?.L!���.���1........ Address ..G.�a...........��.��... .. .. .�4?�^�>?.C)'....... 1... ..�. G• b �i Nameof Builder ..........Address ....... ............................................... .. . ....................................................................... Name of Architect ..... / 2, P- ?.... .......... ...�t-... .................Address ..... .......... .. .. �!V.a. l: i Numberof. Rooms ......... ...................................................Foundation ... .........................P.f � a y G G lJz•. / /> x. 4 Exierior ..�.�.. ................... .............Roofing ...... ... ...........................................aF. Floors Interior y L G_...... ,.......z.x..c�?.............?'.......�I,P.......� . ... ............... . .... Heating �s%�L�iG7i ....Plumbing ................................�'.��y:.................................. .............................................................................. :I Fireplace ..................................................................................Approximate. Cost ... ......... ........................ ... . , � -rat/. . 12, ' Definitive Plan Approved by Planning Board -------------------___________19--------. Area ............................ ..;..!..'°� Diagram of Lot and Building with Dimensions Fee �(! j SU TO APPROVAL OF BOARD OF HEALTH f��4 OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regard g the above. construction. Nam .....!&..... ............................ .................. Construction Supervisor's License ..... ...(,r...a � BARNSTABLE HOLDING CO. ra 29086 1= Story No l................. Permit for .................. 1 tSingle Family Dwelling `. i LI!�cation Lot #1, 779 Wakeby Road '� ............................................................ , Marstons Mills J ��' r, :.................................................................. , Barnstable Holding Co. 4 =•�+ Type of Construction Frame............................. .............i.................'............................ ................ Plot ............................ Lot ................... ............ t' t fry March 2 86 * x f s Permit Granted ...................... !� . .... :19 Date.of Inspection ..........................`.r / 19 Date- Completed ......................................... 19 ! +rr 61 , , r �sl '� '� .yr !• 4}� ; f i { +y.