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HomeMy WebLinkAbout0170 WOODSIDE ROAD - Amnesty & MULTI-FAMILY 170 WOODSIDE ROAD o Z .6. 14 Af ((31 Iq 7 ko'J5e. 'TO&AI UO aver WAS kfJWe V e etr _p­e_ a'j 1 V k CC.47 --,o ` e— \ `y'C^' t� U V COV P 2 T f 7¢,2 AI Q, "'ex o We 21L. LS1\e S Cv k ARDITO,SWEENEY,STUSSE, 3 ROBERTSON,& DUPUY,P.C. ATTORNEYS AT LAW 25MID-TECH DRIVE,SUITE C n A--V A V"nf TrU \.!A 0')(,7; r Fa I e ft - �X CAM ktc Appeal'or PermiE No 1986 019 'k� 'AppealSpecial Permit Sta us Not Family Apt g a La � ,� �.� �t ,First d �"� � �•;.%� IAppiicant: . Benson Sara Cazeault Addr Addi2 170 Woodside Road (G } Villagei W. Barnstable MA 02668 Aff Received r 1 03/15/2004 Map Par p 127009T00 Zoning- 'elRF k a i§ wa a r P N �.:'. --Decision:: Book 2774 Page 275 ` j;L I'•Not s jAmnesty Certificate of Compliance issued 10/31/05 ' F 2 , _ u+ " ,Close y - n p ) 4 'Town of Barnstable Regulatory Services OFTHE•t� Thomas F.Geiler,Director ; '{ Building Division •�BAMSTABUF, # Tom 8 Perry, Building Commissioner",MASS. - ib39. 200 Main� Street,Hyannis,MA 02601 pIED MP'�A Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is �,�2A � guL— !��^rs"'� I am the owner/resident of the property located at: �a �OODs'� �� A Map and Parcel Number -7 d The ZBA granted me a Special Permit/Variance on Date Appeal No. The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: 01-71./I �'� �a��r Cho 6SwS LL Name &relationship to owner: -�SIN Co b s w e G L ,�us� o 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, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I 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 in the Appeal No. identified above. I 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. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of 2004. Signature Phone Number Print Name z a z 8,q u > /6—/so../ QPoldg/forms/famaffid Rev:1/03 I Town of Barnstable a X Regulatory Services TMe.t Thomas F.Geiler,Director TOWN OF BARNSTABLE ti Building Division ' BARNSTABLE, Tom Perry, Building Commissioner 2003 FEB 19 PM 3: 09 y . Mass. i639' a•0� 200 Main Street,Hyannis,MA 02601 Fp KAA'� Office: 508-862-4038 DIVISION: Fax:. 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath,_depose and state as follows: My name is ..rSa.J I am the owne r/resident of the property located at: -� �00>>s r]e5 fad Map and Parcel Number . aZ 7 00 9 T c7 0 + 001, 00-6 The ZBA granted me a Special PermitfVariance on Date Appeal No. The decision of the Zoning Board of Appeals has been recorded with the Registry of Deeds in Barnstable County: Book -? 3 7 LA Page_ The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name&relationship to owner: 0/9-,<-� CX Name&relationship to owners The Family Apartment will be the primary year-round residence or the above-identied family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I 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 in the Appeal No. identified above. I 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. The apartment has been transferred to the Amnesty Program(Appeal No. Other Sworn to under the pains and penalties of perjury this 6.day of '' Y E S 2003. Signature Phone Number Print Name C) J r Q/bld9/f0=/famaffid Rey:1/03 Town of Barnstable Regulatory Services �t Thomas F.Geiler,Director V Building Division TOWN OF.BARNSTABLE • snsxszests, * Peter F.DiMatteo, Building Commissioner 9� 16j9. ,0� 200 Main Street,Hyannis,MA 024617 FEB 26 PM 1 t 35 •e�ED MAC Office: 508-862-4038 Fax:.508-790-6230 &V iS10N' Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is cc&7- Z"Ef- I am the owner/resident of the property located at:. ° °O Map and Parcel Number Asa /d 9 /a 7 ©v9 The ZBA.granted me a Special Permit/Variance on Date Appeal No. The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: C,g z17 C'A Name &relationship to owner: -/6 s5-00// <_'�06 s A.1 E�L 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, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I 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 in the Appeal No. identified above. I 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. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of 2002. Signature / g� 6U_Lr_ „`1 Phone Number p -1 ao ego If d Print Name Q/bldg/forms/famaffid Rev:010702 'RECEIVED APR 16 12 sly �6 SSrEST1)," i? OE�FDSSY TE4�4i.EN, wrE NK S p 1 'ECORD®IN. REGISTRY OF DEEDS ' �!�''{ ('LEKK INCOMPLIANCE WITH SEC. 11 or TO VVN OF BARNSTAB�,� ;RW�l ABLE. 1?4ASO. CHAPTER 40A, M.G.I. Zoning Board of Appeals '8K MAR 11 AM 8 52 Sara Cazeault Skinner................................................................................................................. Deed duly recorded in the ................ Property Owner County Registry of Deeds in Book .............................. ............. ......................................................................................................................... P age ......................... ............................................................Pleglstry Petitioner District of the Land Court Certificate No. ......................... ....................... Book ........................ Page .................. AppealNo. ..............1986-19.......................................................... .............................................................................. 19 FACTS and DEC3SiON Petitioner .........Sara Cazeault Skinner ................................................................................................... filed p�t.ition on ................................................ 19 requesting avariance-permit for premises at side xcx?..? ..........................._................................I in ,he village (Street) of ... $.t..Q.P'!5 .Mi1l5./..T!1......50=51.Qb kldjoining premises of .................. fee atta(.+ed list) .................................... 009.T00 Lucas under consideration: Barnstable Assessor's nlap no. - no 0!".'.1'700 Petition for Special Permit: Application for Variance: ❑ made under Sec. .................................................................. of the Town of Barnstable Zoning by-laws and Sec. .................. Chapter 4(_lA., Alass. Gen. Laws ...................................................................................................... for the purpose of ......to...allow..a...fami1v apartment....�?...an...attcned....s d9 ................................................ .....................................................................................................................................................................:........................................................................................................................ Locus is presently zoned in.........................V................................................._..................................................................................I.................. ...... \utice of this hearing was given bi mail, postage prepaid, to all persons deemed affected and by publishing inBarnstable Patriot newspaper published in. ` o.i•n of Barnstable a cope of which is attached to the record of these proceedings iiied w;tn iown id;eris. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town ... 8.00 March 6 86 Office Building, Hyannis, Mass., at ............-........................ i'.rf. .........`..........................'................................................ upon said petition under zoning bvdaws. Present at the lwaring were the following members: R cho.rd R......,l ay....................... Ronald....ams.5m......................... .... .r igbh,waggle....................... Vice— Chairman Dexter Vliss Helen Wirtanen At the conclusion of the bearing, the Board took said petition ender advisement. A view of the locus was made by the Board. Appeal No.......................1.21.8.67.19........................... Page ........................ of ........................ On ..........BaKgll §.,t................................................................................ ...... The Board of Appeals-found Ms. Skinner presented her petition for a Special Permit for a family apartment at 170 Woodside Road, Marstons Mills in an RF zoning district. The petitioner desires to construct the apartment for her son and daughter-in-law in a 171 x 271 garage which is attached to the main residence of 291 x 371 by a breezeway. The petitioner does conform to all of the requi-rements of Section V. of the zoning by-laws. The family apartment will consist of 704 square feet. Ron Jansson made a motion to grant the relief sought by the petitioner - in view of the fact that she is in (-.rTqpli.ance with the by-laws - the motion was seconded by Gail Nightingale. The Board voted unanimously to grant a Special Permit to allow a family apartment at 1RWoodside Dr. , Marstons Mills. - to be per the Plan presented with the filing and subject to the provisions of the state building code. . .............................................................................................. .................................. Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signedand Sealed this ........................ day of ........................................................................ 19 ........................ under the pains and penalties of perjury. Distribution:— PropertyOwner .......................................................................................................................................... Town Clerk Board of Appeals Applicant Town of Bar stable Persons interested Building Inspector Public Information y ............... ....... ................................ ....... ... ....... Board of Appeals Chairman 0/4 'Town of Barnstable Ilk Regulatory Services �OFZNE- Thomas F.Geiler,Director } f6 Building Division * sn�v��BM Tom Perry, Building Commissioner?"1�; !;" ` S # ^ i619• 200 Main Street,Hyannis,MA 02601 ' .erED MA't A Office: 508-862-4038 � Fax: Town of Barnstable Family Apartment artment Affidavit I,being on oath, depose and state as follows: My name is S�2A I am the owner/resident of the property located at: Z-70 �ooDs �� �� (W Z3 Map and Parcel Number 7 o y q T f O The ZBA granted me a Special Pem-iit/Variance on Date Appeal No. The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: 0,22/I � E�u c r o 6sw�LL /V�EC F Name &relationship to owner: -_,s<f�-Xj ,emu s'5"A--p o 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, I will immediately notify the Building Commissioner in writing.I understand that no subletting or subleasing of said Family Apartment is permitted. I 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 in the Appeal No. identified above. I 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. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn Ito under the pains and penalties of perjury this day of 2004. 30 f Signature Phone Number Print Name J n_ 2,a Z Eq u c T 196_l So../ Q/bldg/fomis/famaffid Rev:1/03 �o � - � 9�- �a3 � .. � J � �� .. �\ a i' Town of Barnstable X � a Regulatory Services �oFt"E tOw Thomas F.Geiler,Director 'TOWN OF BARNS TABLE ti Building Division 1AMSrAHLE, = �OQ3 FEB ! 9 P 3� 09 Tom Perry, Building Commissioner v 16,39. ��� 200 Main Street,Hyannis,MA 02601 �ATED MA'l A DIVISION Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on"oath, depose and state as follows: My name is J4,e,-2 K3-4-(�u L� ..rX 0 .1 I am e owner/resident of the property located at: /-770 © JS 0)cs ia7 _ Map and Parcel Number R 7 O 0 9 T" C2 v + 06Y : &J©d The ZBA granted me a Special Permit/Variance on Date Appeal No. The decision of the Zoning Board of Appeals has been recorded with the Registry of Deeds in Barnstable County: ;Book Page_ �,7 7 S The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: Co oo F�GZ �c E Name&relationship to owner: sPN The Family Apartment will be the primary year-round residence or the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I 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 1 am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. I 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. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjurythis 6 day of 6 2003: Signature � $ � Phone Number Print Name �� � < < is �E.✓s d.J Q/bldg/forras/famaffid Rev:1/03 Town of Barnstable Regulatory Services r1 °FtMME T Thomas F.Geiler,Director v Building Division TOWN OF BARNSTABLE • sAMSTnai.E, • Peter F.DiMatteo, Building Commissioner v� 0a� �0� 200 Main Street,Hyannis,MA 02062 FES 26 PM, 1: 35 ABED MA'S a . Office: 508-862-4038 Fax: 508-790-6230 BMW:SIOW Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is �� ���Au� ^`�° I am the owner/resident of the property located at: Map and Parcel Number 3V5-.? 4 Jd o v9 The ZBA granted me a Special Permit/Variance on Date Appeal No. The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: /v/d-ce- 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, I will immediately notify the Building Commissioner in writing. 1 understand that no subletting or subleasing of said Family Apartment is permitted. I 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 in the Appeal No. identified above. I 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. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of 1-- 5 2002. Signature adz .,�� Phone Number Sao Print Name Q/bldg/fonns/famaffid Rev:010702 F ` f Irl0 Wb0-3 (�(ScG�'P S�� bo ou-lcl 1 kc y�to.3oy8 la�lg � '11ka i�aul BARNSTABLE • - �,q �4 <<__�' , being on oath, 9 ,-"-depose and state as follows: 1.) 1 reside at 2.) I am the owner of the property located --- �— shown on Barnstable Assessors' maps as MAP Do not 3.) _ have a Family Apartment at tlhis locaiion. - J9d& eal No. /� 4.1 On �6 • /� � �--- the Zoning Board of Appeals, on App — granted ine a Special Permit/Variance to maintain a Family Apartment at the above address. only be oc:u �.) i n- ;zaYnd that die Faa�!ily Apartment may Fied b members of myan y who are .persons related to me by blood or by marriage. .The fc llowing.members of my family will be the sole occupants of dYe I°arrniy Apat dent at the b above address: � :� Y a) NAME Relationship to owner: b) NAME Relationship to year round residence for the above-identified family 7.) T tm The Family Aparent will be the primary y members: 8.) In thethat event the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 9.) I underst and that no subletting or subleasing of said Family Apartment is permitted• elide,Land that j ;�xul required to annually file an Affidavit with Burldin�nC ent.ioner 1 listing the names and relationship of my family inembeYs oc�.P,�r-1-9--- understand that I am required to comply with all conditions irraposed by the Board of Appeals in.Appeal No. /9 12.) I agree to immediately notify the building Commissioner in the event of the sale of the above- listed property. day of 47 Sworn to under the puns aft&penalties of perjury this "� (7;° /r'f Signature _ Sz z6�� zT. c� c!� ir Print:Mune BARNSTABLE L -r ;being on oath, depose and state as follows: 1.) I reside at � Cti 0 i�s cs Gv 2.) I am the owner of the property located p ze 6 8 �p C)0 dAS i D cr �� C,cJ. 3ysa �, PARCEL00 — sh own on Barn sta ble Assessors' maps as MAP Do not 3.) 1 have a Family Apartment at this location. �_, the Zoning Board of Appeals, on Appeal No.- —y b 4.) On a Family Apartment at the above address. granted me a Special Pejvda Variance to maintain �.) I e Family Apartment may only be occupied by members of my family who understand that th are persons related to me by blood or by marriage• of m family will be the sole occupants of the Family Apartment at the 6. The following members Y above address: 1,41-L L 7- a) NAME X s� �••r Relationship to owner. NE P/v "J b) NAME Relationship to owner. 7.) The Family Apartment ` ill bee primary Year round residence for the above-identified family members. relative(s)vacate said apartment,I will immediately notify the 8.) In the event that the above-listed Budding Commissioner in writing. or subleasing of said Family Apartment is permitted. g) I understand that no subletting Com.Tnissioner uaUY file an Affidavit with the Building Iv.) i under tand that I am required to annmembers occupying said Family Apartment. listing the names and relationship of mY family re aired to comply with all conditions unposed by the Board of understand that I am 97 i Appeals in Appeal N( . the building Con�ssioner in the event of the sale ol'the above- 12.) I agree to immediately notify listed property. ✓7 Sworn to under the pains and penalties of per] 'this _day of — Signature Print N,-une l F pIVISIOn JAN-TO1 ii •� ? « utlding St.367 « 613844 3 Oq O1/04/0, BEN`5170 - T026663057 iB00 / C-= OENSON 7c1lMONTS'ARATLIVERY WEST INDIES S� -�� cM 3 �od9 �� 1 U W 11 U1 s� Regulatory Services Thomas F:Ceder,Director Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Fax: 508-790-6230 Office: 508-862-4038 Decejnb-er 1,2000 Re: Family Apartment Dear Property Owner quite some time• It regarding Y our family apartment in qui our records indicate you have not filed an affidavit is required,under Section 3-1.1(3)(D)(1)of the Town of Barnstable Zoning Ordinances,that an affidavit be submitted annually for the duration of such occupancy. Failure to do so is a violation of your special Y permit and may result in our loss of the rights granted thereunder. Please indicate the status of the family apartment on the enclosed affidavit and return it to this office by Janes'30,2001. Enclosed is an affidavit for your convenience. Thank you in advance, J( Elbert C.Ulshoeffer,Jr. Building Commissioner enclosure /km Q/FORMS/FAMAPT .t COMMONWEALTI3 OF MASSACHUSEWS BARNSTABLE AFFIDAVIT /� �Q� � J)i4l 6 AZ4 U 0 /6",teing on oath, depose and state as follows: 1.) 1 reside.at- �ld��0v� °�� _ � -CtJ:a- .:D�. rf; _ 114,4 D2_66,f -� 2.) 1 am the��owlner of the property located at . � U/D4l7sr pe- A). ---- shown on Barnstable Assessors' maps as MAP Sq Sa 1,21Y PARCEL?/2 7 ao -___ 8.) I Do„ X —Do not have a Family Apartment at this location. 199& 4.) On rW ,-, the Zoning Board of Appeals, on Appeal No. granted me a Special Pem it/Variance to maintain a Family Apartment at the above address. 6.) 1 understand that the Family Apartment may only be occupied by mem,bers of my family who are persons related to me by blood or by marriage. 6.The following members of my family will be the sole occupants of the Family Apartment at the above address: 99 a) NAME o/U 5 i 1 hJ LA 21-221 .L-r - — ReIationship to owner:___ w Et&/ b) NAME -------------- ---- ------- Relationship to owner: -___-- 7.) The Family Apartment will be the primary year round residence for the above-identified family members. 8.) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 9.) I understand that no subletting or subleasing of said Family Apartment is permitted. 10.) 1 understand that I am required to annually file an affidavit with the Building Commissioner listing the names and relationship of my family members occupying said.Family Apartment. 11.) I understand that I am required to comply with all conditions imposed by the Board of Appeals in Appeal No, / 9 /9 12.) I agree to immediately notify the building Commissioner in the event of the sale of the above- listed property. Sworn to under the pains and penalties of perjury this b-fL' day of—�� —_, 199 Signature 41� _' V - V Print NWne /� n 1p7..0..M�»o�yods��ef�02668 W 3 ��i ( ✓✓✓��� �.r�;,�� �tnn-.,n�v,�""b tee)+�.1�-'yt,� 1i3!S?FF1F3F16!il'(!F :Fd{FIiFa `lF.IF}�FF FtFi! i'FFIF!lil aril {r {t{ rr � �{ r{ (r�{ rrrr{ r r rrlr?t{ -;jr i;r�F r! r Fi iii ii � s: ii iliEii ii i i - ii + it� i i i i ,. �\ - �. �� s ,� �. l .' � �-� �„` ,..,.�. .. � � ./� /� j /" /'� / ��' r _ v /' �I �\ its _�..._..._..,...a_�.�.:�_._.._�, .._.�_.� ,�:..�. �. �. -�r�.�.�t^Q..>" --- AFFIDAVIT I, ALBERT L. BENSON, on oath hereby depose and state as follows: 1. I am a co-owner of the premises located at 170 Woodside Road in West Barnstable, Massachusetts. I hold title with my wife, Sara C. Benson, as a tenant by the entirety. My wife was formerly known as Sara C. Skinner. 2 . On or about March 6, 1986, my wife obtained a special permit from the Barnstable Zoning Board of Appeals allowing a family apartment in the attached garage at the above premises. 3. The most recent occupant of the apartment was an individual who had been related to my wife as a result of her prior marriage, namely Russell Marena. 4 . Mr. Marena has vacated the apartment. 5. My wife has made arrangements with her nephew, Justin Cazeault, to occupy the apartment. Justin Cazeault is the son of my wife Isbrother, James -Cazeault and, hence, is related by blood. He intends to occupy in approximately mid-December of 1998. Signed under the pains and penalties of perjury this ref day of November, 1998. ert L. e son W O-r R.©v r lam, Y �A1'49 f y,V T,',PtvC.., �J �'r"l a i .o i ,nT ��►d►wr~-r 1i W IN! MdN 1 rypgjdre A `� V �Av� r eR ®w v9,dw.bd rr� COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: AFFIDAVIT jme I' - `-PKI^IN-U &"r01-I being on oath de and state as follows: r / Pose 1 . ) I reside at (� �, � /Crl, �,!� `• • 2. ) I am the owner of the property located at shown on Barnstable Assessors ' Maps as: ' Map - I,>I , Lot_Ooq TCM * OOq &JCD 3 . ) On MRY'L" Appeals, on Appeal No. 19- -- the Zoning Board of granted me a special Permit to maintain a family apartment at the above address. 4. ) I understand that the family apartment may only be occupied by .m;embers of my family who are persons related to me by blood or by marriage. 5. ) The following members of my family will be the sole occupant;: of the family iLi apartment at the above address: (1) Name: Relationship to Owner: (2) Name: _ Relationship to Owner: 6. ) The family apartment will be the primyear- round residence for the above-identified familyary members . 7. ) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 8. ) I understand that no subletting or subleasing of said family apartment is permitted. 9. ) I understand that I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said family apartment. 10. ) I understand that I am required to•.comply with all conditions imposed by the Board of A PPea1„ in Appeal No. III 10. ) I agree to immediately notify the Building Commissioner in the event of the sale property. of the above-listed Sworn to under the pains and Penaltie,,C day of of perjury this . -�9A,h.f (Signature:) (Please Print Name) : .' 0 'JUN 2 3 1994 - �� kfM-�=eiz sal 4 .I COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: AFFIDAVIT IT ID AV I , `��ft`� .Ji� 1 , being on oath, depose and state as follows : reside at^1 2 . ) I am the owner of the Property located at shown on Barnstable Assessors Maps as : Map _ (� Lot 009 T-po f 009 • woo 3 . ) On ° 19 86 , the Zoning Board of Appeals, on Appeal No._ 11i ft )q Permit to maintain a f' granted me a speci_w fa apartment at the; above address. 4 . ) ' I understand that the family apartment ` occupied by members Of my family who are Perss may only be me by blood or by marriage , Persons related to 5 . ) The following members of my family will be the sole occupants of the family apartment at the above address; (1) Name : GCc .ram Sw ►,�Jf,r� Relationship to Owner: Sow A (2) Name: Relationship to Owner : � 6 . ) The family apartment will be the 'Primary round residenCe fur the above-identified family members . 7 . ) In I:.he event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 8 . ) I understand that no subletting or subleasing of said family apartment is permitted. 9. ) I understand tt*u-jt. I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said family apartment . 10 . ) I understand that I am required to•.comply with all conditions imposed by the Board of Appeals it Appeal No. 10 I> agree to immediately notify the Building Commissioner in the event of the sale of the above-listed Property. Sworn to under the pains and d� day of ,( � penalties of Perjury this • TOWN OF BARNSTABLE BUILDING DEPT. (Signature)(Please Print Name) : p `J U N 2 4 E C E I V E i r j COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: AFFIDAVIT I, S41�_4 J, ` being on oath, depose and state as follows : 1. I reside at • 2 . ) I am the owner of the property located at shown on Barnstable Assessors ' Maps as : Map —i , Lot 00 9• 'i az) ° f- oo q. woo 3 . ) On 11414-t-CIM- 6 19 L&, the Zoning Board of Appeals, on Appeal No. /� , granted me a special permit to maintain a family apartment at the above address .. 4 . ) I understand that the family apartment may only be occupied by .members of my family who are persons related to me by blood or by marriage . 5 . ) The following members of my family will be the sole occupants of the family apartment at the above address: (1) Name: Relationship to Owner: (2) Name: Relationship to Owner: _ 6 . ) The family_ apartment will be the Primary year round residence for the above-identified family members . 7 . ) In the event that the above-listed relative(s) vacate I will immediately notify the- Building Commissioner in writing . 8 . ) I understand that no subletting or subleasing -of said family apartment is permitted. 9. ) I understand that. I am required to annually file an Affidavit. with' the Building Commissioner listing the names and 'relationship of my family members occupying said family apartment . 10 . ) I understand that I am required to,.comply with all Conditions imposed by the Board of Appeals in Appeal No. 10 . ) I agree to immediately notify the Building Commissioner in the event of the sale of the above-listed property. Sworn. to under the pains and penalties of perjury this day of /`7,9 V 1 2 3 (Signature) RfCE41 VED y�,. (Please Print Narne) : t SAY 4 399 - ,g �c_,.,�,,, 2 a R+u!n,q Fh7 RECEIVE x �y COMMONWEALTH OF MASSACHUSETTS MAY, 2 2 199�. W.WNSTAB E, ss: AFFIDAVIT being on oath, depose �� ' and"' tate as follows : 1 . ) I res ide at / 7_6 60.E D s7-0 z- 4)r----_.__ /J Zia 2 . ) I am the owner of the property located at 2:: -,� shown on Barnstable Assessors ' Maps as : Map /a 7 , Lot no ,7 ' 7-6 o ,v, 3 . ) On 6 19 Sri , the Zoning Board of Appeals, on Appeal No. /98G—/9 granted me a special permit .to maintain a family apartment at -he above address . 4 . ) I understand that the family apartment may only be ` occupied by .members of my family who are persons related to me by blood or by marriage . 5 . ) The following members of my family will be the sole occupants of the family apartment at the above address: (1) Name• ----- Relationship to Owner: �ro� (2) Name: Relationship to Owner: 6 . ) The family apartment will be the primary year- round 'residence for the above-identified family' members . 7 . ) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 8. ) I understand that no subletting or subleasing of said family apartment is permitted. 9. ) I understand that. I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said family apartment . 10 . ) I understand that I am required to•.comply with all conditions imposed by the Board of Appeals . in Appeal No. 10 . ) I agree to immediately notify the Building Commissioner in the event of the sale of the above-listed property, Sworn to under the pains and penalties of perjury this day of /V/5L 3 19 q/ . (Signature) (Please Print Name) : COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: AFFIDAVIT I , S-.g:n­Q being on oath, depose and state as follows : 1 . ) I reside at /7-d 2 . ) I am the owner of the property located at O /4-o GJ©o �&- o Lr Z-U I ,�s�5- shown on Barnstable Assessors ' Maps as: _Ydd Map 9,/Sa /=z,,9 Lot e /a 7 oa t 3 . ) On 19 the Zoning Board of Appeals, on Appeal No._ / 9 -/� granted me a special permit to maintain a family apartment at the above address. 4. ) I understand that the family apartment may only be occupied by members of my family who are persons related to me by blood or by marriage. 5 . ) The following members of my family will be the sole occupants of the family apartment at the above address: (1) Name: 1�I,GL �o6E2.�r, J Relationship to Owner: (2) Name: , Relationship to Owner: 6. ) The family apartment will be the primary year- round residence for the above-identified family members . - 7 . ) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 8. ) I understand that no subletting or subleasing of said family apartment is permitted. 9. ) I understand that I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said family apartment . 10 . ) I understand that I am required to comply with all conditions imposed by the Board of Appeals in Appeal No. 10. ) I agree to immediately notify the Building Commissioner in the event of the sale of the above-listed property. Sworn to under the pains and penalties of perjury this 19 66 day of /y.sr y , 1996 . (Signature) (Please Print Name) : Joseph D. DaLuz Telephone: 775-.1120 Building Ext . 107 TOWN OF BARNSTABLE BUILDING DEPARTMENT TOWN OFFICE BUILDING HYANNIS, MASS. 02601 May 16 , 1990 Mrs. Sara Skinner Rensori 170 Woodside 11oa A .cl West Barn3table, MA 02668 Re: Family apartment located at 170 Woodside Road Dear Mrs. Benson: A year ago you filed an affidavit with this office re the above referenced family apartment. It is required, by Section 3-1 .1 (3) (D) (1) of -the Town of Barnstable Zoning By-law, that an affidavit be submitted annually for- the duration of such occupancy. Enclosed is art affidavit fOl-M for- YOLIC convenience. Please complete -ttli.9 form and return it to this office as Boor) as possible. Peace , i7 s D ildirig Commissioner JDDlkm enclosure O COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: AFFIDAVIT rlj 62 � Obeing on oath, depose and state as follows : / 1 . ) I eside at 60 �:�f�'� ✓��'s �r�, _ -eA- 1 E,Zy/h M'-I ©:�6&Z? 2 . ) I am the owngr of the property located at shown on B rnstable Assessors ' Maps as : Map :3x c ��_• Lot i2/a ®qq. n - 3 . ) On 1_4961.e.`6 l , 19 d'-6, the Zoning Board of 'i Appeals, on Appeal No. _ 1926 --1,9 granted me a special Ca �dd permit to maintain a family apartment at the above address . �Cs� 6 4 . ) I understand that the family apartment may only bc: occupied by members of my family who are persons related to me by blood or by marriage . 5 . ) The following members of my family will be the sole occupants of the family apartment at the above address: (1) Name: (:9 A), Relationship to Owner: (2) Name: Relationship to Owner: 6. ) The family apartment will be the primary year- round residence for the above-identified family members . 7 . ) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing . 8 . ) I understand that no subletting or subleasing of said family apartment is permitted. 9. ) I understand that I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said family apartment . 10 . ) I understand that. I am required to comply with all conditions imposed by the Board of Appeals in Appeal No. 10 . ) I agree to immediately notify the Building Commissioner in the event of the sale of the above-listed property. N�Sworn to under the pains and penalties of perjury this ora day of A,, (Sign ture) (Please Print Name) : J� �V L' (" �C iN N ✓��n�s o.J 1'e �V4 11,R Y YYWIY/YIY✓(IYY'/ rWrrI1I e sae POST OFFICE BOX 3, CENTERVILLE, MASSACHUSETTS 02632 S�YEP� 508-771-5060 ECAC-SIDA 50th ANNIVERSARY FALL CONVENTION The Patriot Press-ECAC Official Printer and Publisher 508-775-2445 t.� r 60 Captain Jac's Road Centerville, MA 02632 October 2, 1989 BARNSTABLE HOUSING AUTHORITY South St. Hyannis, MA 02632 Dear Sirs, This is to advise that I will be moving back into my home at 170 Woodside Rd. , W. Barnstable on 2 December 1989. This home is presently occupied by Ms. Beverly Joyce. By copy of this letter, Mrs. Joyce is so notified of this impending move. Sincerely, Sara C. Benson t ` li � �/ pu. ss /�F� C�d - �j ��S 1 ��S++q C, 1 Caxvq� uS , u _�� ��. 62 ��/7 1. Apt . is illegal because the owner is no longer residing on the property . 2 . The family apt . is still being rented to a family member . 3 . The main part of the house is currently being rented to a "section 8" family. The owner has been working with the Barnstable Housing Authority. 4 . The owner and her husband are now trying to sell the home they ' re living in and will then be moving back into the property with the family apartment . ,S •er -/310M rn 5 Q�'l � 4, b S . Z 44/� �� I .IOSFPH D. DALUZ Building Committiontr TELBPHONE, 775.112, EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 30 May, 1989 Dear Mrs . Benson : Enclosed please find a copy of the section of the Zoning By-law pertaining to family apartments . Sincerely, m- Kath ly Maloney I j 5 II (4,v Lo 1� Joseph D. DaLUZ Telephone: 775-1120 Building Commissioner Ext. 107 TOWN OF BARNSTABLE BUILDING DEPARTMENT TOWN OFFICE BUILDING HYANNIS, MASS. 02601 April 25, 1989 Sara C. Skinner 6 ) Cap'n Jac's Road Centerville, MA 02632 Re: Appeals No. 1986-19 Dear Mrs. Skinner : On April 1 , 1986, as applicant (s) you were granted a Special Permit for a famil-y apartment. "The intent of this by-law shall be to allow one ( 1 ) additional living unit, complete with kitchen and bath to supply a year-round residence for a member or members of the property owners family, . . . . . . . . . . . " In addition, the by-law also states that. "The property owner, and the person or ,persons who will reside in the family apartment shall sign affidavits before occupying said family apartment and further, all shall sign said affidavits each year said family apartment is occupied. . . . . . " . Within sixty (60) days from the date the person or persons residing in the family apartment vacate the premises , the owner or his representative shall remove the kitchen facilities and request the Building Inspector to inspect the premises. It is important that you understand that there are restrictions which relate to the applicant 's family living at the same premises . The use cannot be transferred. Conviction of a violation of this by-law is subject to a fine of $ 100 per day for each day from the established date of offense and, also, subject to a criminal complaint to issue from the First District Court of Barnstable. Affidavits must be signed and filed at the Building Commissioner's office between the hours of 9:30 A.M. and 1 :30 P. M. Monday through Friday. This by-law shall be strictly enforced. Peace, Joseph D. DaLuz Building Commissioner JDD/km cc Board of Appeals Town Counsel ;ITON CLEnK REC-01W IN REGISTRY OF DEEDS ;�;;IAf�LE. �A�' IN COMPLIANCE WITH SEC. ii of TOWN OF BARNSTA.BLE CHAPTER 40A, M.G.I. Zoning Board of Appeals gg MAR 1l AM 8 52 Sara Cazeault Skinner Deed duly recorded in the Property Owner County Registry of Deeds in Book ..««........................ «S ..._«._....«....» ...._...«..........»......_....»»...«..«............««.._ «« ...««.. Page ....».................. ..........«.................,.............................Re�gistr Petitioner District of the Land Court Certificate No. ......................... ........................ Book ........................ Page .................. f 1 AppealNo. _.«......«1986-19.....«._.».......«.«..«.: ::.......................................................... 19 FACTS and DECISION, Petitioner ........Sara,«Cazeault Skinner ...... filed petition on .............. 19 requesting a variance-permit for premises at «.1 Q_.j^.IQ.QdS.1a ..»Rid................................................. in the village (Street) of _. stRn5..Ma..11sj..W...... 51.d ? %djoinino premises of ................. (see attached list) .................................... 009.T00 Locus under consideration: Barnstable Assessor's ?flap no. ..._..127...................................... lot no. ...... ...�Tp Petition for Special Permit: E] Application for Variance: ❑ made under See. .«.............................................................. of the Town of Barnstable Zoningby-laws and Sec. ...............................................................«................................................... Chapter 40A., :Mass. Gen. Laws for the purpose of Go.«allow,.«a.,.family,.«apartment,,,.in„«an„«attched,...ga�:age...................................... Locusis presently zoned in......__..»« _.R .................................._.....««.......................................................................................................... Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Barnstable Patriot newspaper published in Torn of Barnstable a copy of which is attached to the record of these proceedings filed with Tuwn Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis Bass. at $'00 P.M. _» March 6, 86 upon said petition under zoning by-laws. Present at the hearing were the following members: Gay.1....Uight.ingale....................... Vice— Chairman Dexter Vliss Helen Wirtanen At the conclusion of the hearing, the Board took said petition mid der advisement. A view of the locus was made by the Board. Appeal No.- 1986-19 .......... Page ........................ of ................. On ........................................................................... 19 Tile Board of Appeals found Ms. Skinner presented her petition for a Special Permit for a family apartment at 170 Woodside Road, Marstons Mill - s In an RF zoning district. The petitioner desires to construct the apartment for her son and daughter-in-law in a 17' x 27' garage which is attached to the main residence of 291 x 371 by a breezeway. The petitioner does conform to.all of the requirements of Section V, of the zoning by-laws. The family apartment will consist of 704 square feet. Ron Jansson made a motion to grant the relief sought by the petitioner - 'in view of the fact that she is in'compliance with the by-laws - the motion was seconded by Gail Nightingale. The Board voted unanimously to grant a Special Permit to allow a family apartment at UDWoodside Dr., Marstons Mills - to be per the Plan presented with the filing and subject to the provisions of the state building code. I, _LqY ............ clerk of the Town of Barn ,County, Massachusetts, hereby certitv that twenty (20) days have elapsed since thesta Boable stable rd of Appel.s rendered its decision in the abo-ve entitled Petition and that no appeal of said decision has been filead in the office of the Town Clerk. Signed and Sealed this day of ......................4 penalties of perjury. .. ........ ....................... 19 ............ under the pains and Distribution:— Property Owner TownClerk ........................................................................................................................... Applicant 13Y)ard of Appeals Persons interested ['Own of Barnstable Building Inspector Public Information By Board of Appeals ........... .... .................. Chairman R 1 27 009.TOO A P P R A I S A L D A T A KEY 69400 YKINNER, SARA C LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RF 49, 400 103, Pc-o I A-COST 153, 200 B-MKT 98,60o BY 00/ BY /00 C-INCOME PCA=1011 PCS=00 SIZE= 2256 JUST-VAL 153, 200 LEV=300 CONST-C 0 ----COMPARISON TO CONTROL AREA 82AC ------------------------------ NEIGHBORHOOD 82AC WEST DARN;TABLE PARCEL CONTROL AREA TREND STANDARD 103 10 LAND-TYPE 494001 LAND-MEAN +0% 1532003 96467 IMPROVED-MEAN +8% 25% 1 FRONT-FT 1 100 DEPTH/ACRES TABLE 02 100%3 LOCATION-ADJ APPLY7VAL-STAT I LNRILAND LFT/IMPIADJS/SB/FEAT STR I STRUCTURE. ARR I AREA-MEASUREMENTS NOR INOTE'S COM3MARKET INCIINCOME PMR3PERMITS ORRIGRAPHIC FUNCTI CAN-E I STRUCTURE-CARD NO-L0003 DATA-[ w4fir: XMTE?3, I IER127 009. TOO LOC10170 WOODSIDE ROAD CTYJ03 TDS3 300 CO KEY] 69400 ----MAILING ADDRESS------- PCA31011 PCS300 :YR100 PARENT] C) SKINNER, SARA C MAP] AREA382AC JV:l MTG30000 % BENSON, SARA C spil SP23 SP33 60 CAP'N JAC'S RD UTAI UT23 . 63 SO FT3 2256 CENTERVILLE MA 02632 AYB31972 EYB31972 OBS] CONSTJ 0000 LAND 49400 IMP 103800 OTHER -----LEGAL DESCRIPTION---- TRUE MKT 153200 REA CLASSIFIED #LAND 1 49, 400 ASD LND 49400 ASD IMP 103800 ASD OTH #BLDO(S)-CARD-1 . 1 103, 800 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #HN WOODSIDE TAX EXEMPT #SN RD MARSTONS� MILL RESIDENT"L 98600 153200 153200 #DL LOT 9 OPEN0PACE #RR 1876 ,0138 COMMERCIAL INDUSTRIAL EXEMPTIONS SALE303/82 PRICE] 60000 ORB13452/219 AFDI I PN , LAST ACTIVITY301/26/88 PCR3Y RECORD IN REGISTRY OF DEEDS ,IN COMPLIANCE.MTH.SEC. ii of TUOWN OF BARNSTARE CHAPTI-2 40A, 11I.G.I. 8 52 Zoning Board of Appeals n Sara Cazeault Skinner ............................ Deed duly recorded in the ........................................ Property Owner County Registry of Deeds in Book Same ......................................................................... Page ......................................................Integistiry Petitioner District of the Land Court Certificate No. ............... ........................ Book ....................... Page .................. AppealNo. 1986-19 .............................................................................. 19 FACTS and DECISION Petitioner ia Cazeault Skinner filed petition on ........................................ 19 requesting a variance-permit for premises at _.170.WQ_Q_d_s_ ...Road ...................._.....I in the village Z5 (Street) of _. atmq premises of .............. (see attached list) .................................... 009.TOO Locus under consideration: Barnstable Assesscr*s '11'aD no. .......L27............................ lot no. 'TOO Petition for Special Permit- LC] Application for Variance: E] made under See. ............................................................. of the Town of Barnstable Zoning by-laws and Sec. ..................................................................................................... Chapter 40A., Mass. Gen. Laws for the purpose of tgmilM..4partment in an attched garage .apartment_..........................................................................garage................................................. ........... ............................................................................................................. Locusis presently zoned in.---.RF................. ............................................................................................................ Notice of this hearing was riven bi- mail. postage prepaid, to all persons deemed affected and by publishing in Barnstable Patriot newspaper published in Toii,n of Barnstable a copy of which is attached to the record or these proceedings hied with Town i_;ierii. A public hearing by the Board of Appeals of the Town of Barnstable iN-a, held at the Town Office Building, Hyannis. Mass., 8:00 ..........A.M. P.'K. I-larch 6, 86 Vat .............................................. up-on said petition under zoning by-laws. Present at the hearing were the followinp, members-,: ............ .................. ....Gail ..................... Vice- Chairman Dexter Vliss Helen Wirtanen ............................................................................ .................................. .......................... ........ ........ At the conclusion of the Wng, the Board took said petition uo advisement. A view of the locus was made by the Board. AppealNo._._..._....__1986-19 Page..__..........__...._.._._.... a _...................... of ._..._..._......_. On ......_._._...._........_........_.................................. 14 .....86_..... The Board of Appeals found Ms. Skinner presented her petition for a Special Permit for a family apartment at 170 Woodside Road, Marstons Mills in an RF zoning district. The petitioner desires to construct the apartment for her son and daughter-in-law in a 17' x 27' garage which is attached to the main residence of 29' x 37' by a breezeway. The petitioner does conform to all of the requirements of Section V, of the zoning by-laws. The family apartment will consist of 704 square feet. Ron Jansson made a motion to grant the relief sought by the petitioner - in view of the. fact that she is in compliance with the by-laws - the motion was seconded by Gail Nightingale. The Board voted unanimously to grant a Special Permit to allow a family apartment at 1T Woodside Dr. , Marstons Mills - to be per the Plan presented with the filing and subject to the provisions of the state building code. J n I, a r�_�___.. ..... .1. _<::�_.__.. _L�S S T. Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (0) days have elapsed since the Board of Appeais rendered its decision in the above entitled Petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this ......_...... dad of .......................... ./.� !. ........................ ly G......._..... under the pains and penalties of perjury. Distribution:— PropertyOwner ................................................. ..................... Town Clerk 1, )ard of Appeals Applicant 'fown of Barnstable Persons interested Building Inspector C� Public Information . ........ Board of Appeals Chairman �. 7T�s. 'RECEIVED �. ,►rzucp: APR 16 12 sl PH RARAl51"A� , t tUNTY REGIST;?-," L,?F Dtrras S TEf'ai64 W E K t S RE,:;tStF� a ~ REnRD®IN REGISTRY OF DEEDS ' ''" (LEKK INXOMPLIANCE WITH SEC. 11 O[TOWN OF BARNSTABLE' '�I CHAPTER 40A, M.G.I. Zoning Board of Appeals '8h LIAR I AM 8 52 Sara Cazeault Skinner .......................................................................................................................................... Deed duly recorded in the ........................................_............ Property Owner County Registry of Deeds in Book .............................. ...........`..?�.................................................................................................................. i ale ......................... ............................................................i.egistry Petitioner District of the Land Court Certificate. No. ..................... ........................ honk ........................ Page .................. .Appeal No. ..............1986-19.................................. .............................................................................. 19 FACTS ana DECISLON Petitioner .........Sara Cazeault Skinner......................................... filed petition oil ................................................ 19 ....................................... . .. requesting a variance permit for premises at dPxcx?r�.............._................................. in the village (Street) of ...Maratano....Mj fW.,.....Bd .db.lgdjoininr, premises of .................. (see -1tta(hcd list) .................................... 009.T00 L:,cus under consideration:: Barnstable Assessors slap no. ,7 •P00 ......m.;.......................................... :o. ...... ..............J...... Petition for Special Permit: Application for Variance: ❑ made under Sec. .................................................................. of the Town of Barnstable Zonine by-laws and Sec. ........................................................................................................................ ;'bapter 40A., :Mass. Gen. Laws for the purpose of ......to...allow...a....family...apartment....in an...attend.._gmmd �............................................... ..................................................................................................................................................................................................................................................................................... Locusis presently zoned in......................... .......................................................................................::..................................................................... Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Barnstable Patriot newspaper published in '1 wxn o? Iiarnstabie a copy of NvInch is attached to the record of these proceedings hied wstn iowil Ulel•is. A public hearing by the Board of Appeals of the Town of Barnstable was lield at the Town r, 86 t�ti�ce I;uiiamg Hyannis, 'Hass., at .....8.._�.�..............._...A.li. ir'. vl. .... ...';93r�h........'................................................ ;9 upon said petition under Boning by-laws. Present at the hcaring were the followiu, members: .....:...... Riche.... ......5y....................... Ronald....7stzS.sot1.......................... :c�. 1....Cih �s�l. ...................... Vice— Chairman Daxter Vliss Helen Wirtanen At the conclusion of the hearing, the Board took said petition nndee advisement. A view of the locus was made by the Board. App 1.986-19 ....................... Page ........................ of ........................ eal No...........................................9... On ..........March...6................................................................................... 19 .....86......, The Board of Appeals found Ms. Skinner presented her petition for a Special Permit for a family apartment at 170 Woodside Road, Marstons Mills in an RF zoning district. The petitioner desires to construct the apartment for her son and daughter-in-law in a 17, x 27' garage which is attached to the main residence of 29' x 37' by a breezeway. The petitioner does conform to all of the requirements of Section V, of the zoning by-laws. The family apartment will consist of 704 square feet. Ron Jansson made a motion to grant the relief sought by the petitioner - in view of the fact that she is in rrmol.i.anre with the by-laws - the motion was seconded by Gail Nightingale. The Board voted unanimously to grant a Special Permit to allow a family apartment at 1ZWoodside Dr. , Marstons Mills. - to be per the Plan presented with the filing and subject to the provisions of the state building code. I. ................................................................................................................................. Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this ........................ da.Y of ........................................................................ 19 ........................ under the pains and penalties of. perjury. Distribution PropertyOwner ...................................:...................................................................................................... Town Clerk Board of Appeals Applicant Town of. Ba_U8table Persons interested I;171I(lnlg Llspector �' i Pnblic Information ]3 f Board of Appeals Chairman i Town of Barnstable Regulatory Services pp SHE 7� Thomas F. Geiler, Director Building Division RARNSUBM v MASS. Tom Perry,Building Commissioner ��Eo (►� no Main Street, Hyannis,MA 02601 Office: 509-862-4038 Fax: 508-790-6230 Approved: 779 Fee: Dd -Per mit#:a64? �,3t GO HOME OCCUPATION REGISTRATION Date:. Name:. S V N OK Phone#: Address: 12D rr `/ g-- Name of Business: Coo S T V��-o n= H q-m Cck s••q_ -u Type of Business: H 0 C Map/Lot: • 0 d r- 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 pouution. 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 farnily residential dwelling unit,located within that dwelling unit.. a Such use occupies no more than 400 square feet of space; There are no extemal alterations to the dwelling which are not customary in residential buildings, and there is no outside evidence of such use. Is No traffic will be generated in excess of.normal residential volumes. The use does ziot involve the production of offensive noise, vibration,smoke,dust or other particular matter,' odors, electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no-storage'or use of toxic or-hazardou$materials,or flammable or explosive materials,in excess of ' normal household quantities. • Any need for parking generated by such use shall be met.on the same lot containing the Customary Home Occupation,and not within the required front yard. a There is no exterior storage or display of materials or equipment. There is no commercial vehicles related to the Customary Home Occupation, other than one van or one pick=upAtrueknot tanexceed-one tonzapacity,and one trailer not to exceed 20 feet in length and not to — excced 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home.Occupation who is not a permanent resident of the dwelling unit . I, the undersigned, aye read, d agree with the above restrictions for my home occupation I am registering. YOU WISH TO OPEN A BUSINESS? For Your Information: Business Certificates COST $30.00 for 4 years. A Business Certificate ONLY REGISTERS YOUR NAME in the Town (WHICH YOU MUST DO BY M.G.L_ - it does not give you permission to operate). You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, I" FI., 367 Main St., Hyannis, MA 02601(Town Hall) and get the Business Certificate that is required by law. Tom ` DATE: l -(y Fill in please: APPLICANT'S YOUR NAME: tJ tvb L 'rY1 'V1 BUSINESS YOUR HOME ADDRESS: " ' TELEPHONE # Home Telephone Number: NAME OF NEW BUSINESS �CLsy L��fJ i yl I-{yyy(Z C TYPE OF BUSINESS IS THIS A HOME OCCUPATION? i%YES NO � � ' c�-1" ' -°�l�'C�` Have you been given approval from the building division? YES NO ADDRESS OF BUSINESS % U ,j �Yj� U: GD", MAP/PARCEL NUMBER 700 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 COMMISSIONER'S OFFICE This individual has bee med of any ermit requirements that pertain to this type of business. Xut orized Signature* COMMENTS: - MUST COMPLY WITH HOME OCCUPATION K-GULATIONS. FAILURE TO 2. BOARD OF HEALTH COMPLY MAY RESULT IN FINES. 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: oFt ra,,, Town of Barnstable Regulatory Services BAMSfABLE. « 9 MASS. Thomas F. Geiler, Director �p i6g9• ♦0 rEc,,,orA Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 April 29, 2008 Leo & Sunok Fleming 170 Woodside Road Marstons Mills, MA 02648 Re: Amnesty Apartment Dear Mr. & Mrs. Fleming: 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 v. a ,.,• _. ...r; < r, gi t+...+.y,ss,*,,:ypy;,E' y, .,,,y. ,.,; w,xJ+W.,,r.¢. r.N!Y:r v,: ^•A N:r:ax.., x ,.._4 :H tp (. :",.a?.rs,MyY P',.f7, i' Y'o'F..: ., ._ ., _ : ,,,rc*Nn •rtRt w tf+ .„ .,, fw e ._„i ...a^2, a . r' ,- .:. .r:. ,ir I a t1 e,', l' ,C...S t .,:�, r.At� ':. ,. ;• r ,:.. ,.F. ,. r 1. .F".. t'. >v , .a .., ,c, .' ,:.,A,,er ,. ... .. , r ',.. ) ,). ..., ,:a.-.}., S .,Pe• m tf :.:4. .,,. 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J ar-n ` r ti�� N � �,..✓:? r� ":yr R,-+iF`'x.�>'r„�, 'i.. t- a �'•. •k"r .� ,� .�'�a r J t n, 4 a i 4r Certnic a-te 01, c?. orn fiance �t t : r , « This certificate indicates acceptable minimum-habitable-reguirements per Massachusetts'State Building Code and Town of Barnstable.zonmg ordinances in,accordance with jthe.Amnesty P. ram P g Owner , Leo;& Sunok.Flemng y Location 170 Woodside Road;Marston§ ,M*Ils,`1VIA v - nit Capacity O bedro not to exceed two eo le z. Inspector R M/P No. 127009T00' 4/28/2008 Town of Barnstable Building Department - 200 Main Street BAMSTABLE, * Hyannis, MA 02601 9 MASS 1639. , (508) 862-4038 RFD MA'S a Certificate of Occupancy Application Number: 200801956 CO Number: 20080074 Parcel ID: 127009TOO CO Issue Date: 04128108 Location: 170 WOODSIDE ROAD Zoning Classification: RESIDENCE F DISTRICT Village: MARSTONS MILLS Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: AMNESTY APT ISSUED TO LEO & SUNOK FLEMING Building Department Signature Date Signed C [HE TOWN OF BARNSTABLE Building Application Ref: 200801956 itBARNSTABLE, Issue Date: 04/17/08 Perm y MASS. �ArFG 3�a�� Applicant: FLEMING,LEO G&SUNOK Permit Number: B 20080755 Proposed Use: SINGLE FAMILY HOME Expiration Date: 10/15/08 Location 170 WOODSIDE ROAD Zoning District RF Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel 127009TOO Permit Fee$ 25.00 Contractor PROPERTY OWNER Village MARSTONS MILLS App Fee$ License Num Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND ONE BEDROOM EXISTING APT,NO CONSTRUCTION THIS CARD MUST BE KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: FLEMING, LEO G 81 SUNOK BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 170 WOODSIDE ROAD INSPECTION HAS BEE E: W BARNSTABLE,MA 02668 Application Entered by: LB Building Permit Issued By: THIS PERMIT.CONVEYS NO RIGHT TO OCCUPY ANY STREET;ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY&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 MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC_WORKS., THE ISSUANCE OF THIS PERMIT DOES NOT RELEA SE.THE APPLICANT FROMxTHE 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). s BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION • Map 1 Parcel 0 - 0 TOO Application# Health Division Conservation Division Permit# Tax Collector Date Issued 7` �/ 7�� Treasurer Application Fee Planning Dept. Permit Fee s­ Date Definitive Plan Approved by Planning Board 6 69/ Historic-OKH Preservation/Hyannis Project Street Address 10 W ODS/M �'� Village :&&-@ 9 ��,,AA1 ut1f Owner Rtm I U�— Address Telephone ' Permit Request k kctiwv Aff�Dwomx_- &&Eggy-r— u4) Wd AZ NS7 aid Square feet: 1st floor:existing proposed 2nd floor:existing proposed Total new r Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size �p?j Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Familvu/ Two Family ❑ Multi-Family(#units) Age of Existing Structure 0M Historic House: ❑Yes �o 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 Tot4.l Room Count(not including baths):existing new First Floor Room Count Hut 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: isting 0-new -,size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: A..' Zoning Board of Appeals Authorization (Appeal# tW� 06 3 Recorded/ I Commercial ❑Yes i17'No If yes, site plan review# 1 Current Use �C -�Yl �� Proposed Use BUILDER INFORMATION Name O cv G, .� � Telephone Number �-r-` 20) —7-;k,� Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION RIS RESU M F M T PROJECT WILL BE TAKEN TO SIGNATURE/ DATE l FOR OFFICIAL USE ONLY E . i b PERMIT NO. i y DATE ISSUED MAP/PARCEL NO.. _ ADDRESS ' VILLAGE I OWNER DATE OF INSPECTION: FOUNDATION I FRAME INSULATION IFIREPLACE � ELECTRICAL: ROUGH FINAL ; PLUMBING: ROUGH FINAL GAS: ROUGH FINAL 't i FINAL BUILDING i DATE CLOSED OUT ' ASSOCIATION PLAN NO. ; f Bk 2252E P984 0-70099 12-10-2007 & 02 2 21p BARNSTABLE . 14 r1 of ISE r� t659. QED 16P�� Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2007-090-Fleming Decision- Chapter 40B Comprehensive Permit Applicants: Leo G. Fleming& Sunok Fleming Property Address: 170 Woodside Road,Marstons Mills/West Barnstable,MA Assessor's Map/Parcel: Map 127, Parcel 009/T00, W00 Zoning: Residential F Zoning District Applicants: The applicants are Leo and Sunok Fleming,who reside at 170 Woodside Road,Marstons Mills, MA. Mr. &Mrs. Fleming were granted title to the property by deed recorded in the Barnstable County Registry of Deeds on July 27, 2007 as recorded in Book 22221,Page 333. Relief Requested: The applicants 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- 14 of the Code—Amnesty Program to permit an accessory apartment unit adjacent to a single-family owner-occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment attached to the principal residence. Locus and Background: The property at issue is a 0.63-acre lot located at 170 Woodside Road, Marstons Mills, MA. The accessory apartment is located in West Barnstable. The lot was developed in 1972 with a single-family cape style home. The effective living area of the main residence is 2,396 square feet. The accessory apartment is a one-bedroom unit attached to the principal residence. The square footage of the rental area is approximately 650 square feet. On September 2, 2005 comprehensive permit 2005-063 was issued to Sara Benson,the former owner of the property, for the accessory unit. The permit was rescinded on December 21,2006 after Ms. Benson informed the Growth Management Department that she would no longer occupy the property as her primary year-round residence. The lot is served by public water and on-site septic, and is located within an Aquifer Protection Overlay District. The town of Barnstable's Public Health Division reviewed the application, and on June 22, 2005 approved a total of four(4)bedrooms at the property with the existing on-site septic system. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Office of Community& Economic Development on July 1, 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 ment in accordance with the requirements of CMR 760. An application for a Comprehensive Permit was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on August 31, 2007 and September 7, 2007, and notices were sent to all abutters in accordance with MGL Chapter 40B. On September 26, 2007 Hearing Officer Gail Nightingale presided over the public hearing.The applicants, Leo and Sunok Fleming,were present at the hearing. Madeline Taylor of the Growth Management Department was also present. Ms.Nightingale reviewed the file with the applicants to ensure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on September 26, 2007 the Hearing Officer made the following findings of fact: 1. The applicants are Leo and Sunok Fleming who reside at 170 Woodside Road, Marstons Mills, MA. They are requesting a Comprehensive Permit to convert an existing one-bedroom apartment attached to the principal residence into an accessory affordable apartment. The conversion of the unit to an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for the "Accessory Affordable Apartment Program." 2. Leo and Sunok Fleming were granted title to the property by deed recorded in the Barnstable County Registry of Deeds on July 27, 2007 as recorded in Book 22221, Page 333. 3. On July 1, 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 650 square feet, and is attached to the principal dwelling. 5. The applicants are 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 on-site septic and is in an identified Aquifer Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved a total of four(4)bedrooms at the property with the existing on-site septic system. 7. On August 3, 2007 the applicants signed an Accessory Affordable Apartment Program Agreement Affidavit that commits, upon the receipt of a Comprehensive Permit,to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as their principal residence. 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 2 z 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 26, 2007 6.63%of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. Finding Summary: Based upon the findings,the Hearing Officer ruled that the applicants have standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Affordable Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicants,Leo and Sunok Fleming. 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 person(s). 2. The total number of bedrooms on the property with the existing on-site septic system shall not exceed four(4). 3. The property owner shall occupy the principal dwelling as their principal residence. 4.This unit shall not be occupied by a family member of the owner(s). 5. All parking for the accessory apartment and the main dwelling shall be on-site and no lodgers shall be permitted for the duration of the comprehensive permit. 6. To meet the requirements of affordability,the cost of housing(including utilities) shall not exceed 30% of 80% of the median income for a single individual for the Barnstable MSA. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum term of one year. 8. The Growth Management Department shall serve as the monitoring agent for the accessory apartment. 9. The applicants 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 applicants may select their own tenant provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Growth Management Department of the town of Barnstable as a qualified individual. The applicants will be 3 f 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 applicants 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 applicants shall file with the Growth Management Department of the Town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicants shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 12. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the Growth Management Department of the town of Barnstable shall be notified within 60 days of the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2007-090 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code Chapter 241, section 11. If after fourteen (14)days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicants have 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 September 26, 2007. Fourteen(14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. 1 Nightingal , Hearing fficer Da e 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 decisi.fin and.that no appeal of the decision has b filed i t office of the Town Clerk. Signed and sealed this day of dn97under the ains and penalties of penury. f Linda Hutchenrider,Town Clerk 4 pp �-y y Gk 22526 Po SS JWL70 100 REGULATORY AGREEMENT— �� ��22 1 AND DECLARATION OF RESTRICTIVE COVENANTS THIS RFQULAT A RE MENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this �day of 2007,by and between Leo G. Fleming and Sunok Fleming of 170 Woodside Drive,Marstons Mills,MA and its successors and assigns (hereinafter the "Owner"), and the TOWN OF BARNSTABLE(the"Municipality"),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROTECT SCOPE AND DESIGN• A. The terms of this Agreement and Covenant regulate the property located at 170 Woodside Drive, Marstons Mills, MA as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 22221, & Page 333. B. The Project located at 170 Woodside Drive,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. 2007-090 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 FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit, the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan Statistical Area (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 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 V. GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below, or to such other place as a parry may from time to time designate by written notice. VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents, servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorney's 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 . 22221, Page 333 and shall be binding upon the Owner and all successors in fide . 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 22221, Page 333. 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 l �i. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend, declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i)that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the 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. XL 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. XII. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals dd?X�day of 2007. OWNEly OWNER BY: BY: Si tune Signa e Printed:Leo G. Fleming Printed: Sunok Fleming COMMONWEAL • OF MASSACHUSETTS County of Barnstable,ss: On thi5��o�`day o= C 2007 before me,the undersigned notary public,personally appeared ^�D c--� the Owner(s),proved to me through satisfactory evidence of identification,which WdYe Amur 4-o/bps? ,to be the person(s)whose name(s)is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. n Not c Printed: o f=�- � My Commission Expires: 1 1 C V 60 4 TOWN OF B P$STABLE BY: i �----- TO MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: Oar thiK" day of 2L'07 before me,the undersigned notary public,personally appeared Gh nM ,the Town Manager for the Tpwn of Barnstable,proved to me through satisfactory evidence of identification,which were,Z.0 OW14 to be the person whose name is signed on the preceding or attached document and acknowle ed to be that hela signed-it voluntarily for the stated purposes. _ N `Public V Printed: Ut) gt'.rl-, My Commission Expires: UNDA R.WHEELDEN NOTARY wBUC COMMONWMTH OF WSSAM EM My cwm E*n Fatt.7,1014 5 r 1 J f I \ ' 71, G r � I� I a �. 1 f C� t �. 0-r awe s � y ( n 4 � rr' vn��yal C1- 00 oe "Co d 3 v ii Barry, Lois From: Dillen, Elizabeth Sent: Tuesday, April 15, 2008 10:01 AM To: Barry, Lois Subject: RE: 170 Woodside Road Yes-thanks! BPth.Miler Special Projects coord,ln,ator GroWtk Monaoement Departrneru Tovvn of 8cirnstable 307 Maln.Street, Hgannls MA Tel,'508'862.4683 f-ax 508.862.4782 -----Original Message----- From: Barry, Lois Sent: Tuesday,April 15, 2008 9:59 AM To: Dillen, Elizabeth Subject: 170 Woodside Road Hi Beth, Leo Fleming has started the bldg per process. Is it okay for me to sign off for you on his application? Lois 1 ��► � Town of Barnstable Regulatory Services sauasrABM + g y Mara �4> i619• A Thomas F. Geiler, Director QED MA'1 Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 January 9, 2008 Leo and Sunok Fleming 170 Woodside Road Marstons Mills, MA 02648 Re: Proposed Accessary Affordable 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 J040616a 12/26/06 Re: 170 Woodside:Road, Marstons Mills Linda, Attached is a copy of the Rescinded Comprehensive Permit decision for this property. Does this now need enforcement? Lois Bk 21635.. .Po 1 OO =79678 12-21-2006 a 1 1 = 41 a. BARNSTABLE TM r! r.-PK � BAA213�ABIE � . '06 NOV 30 P 3 .31 Town of Barnstable Zoning Board of Appeals Decision—Rescinded Comprehensive Permit Benson—Appeal 2005-063 Comprehensive Permit—MGL Chapter 40B Summary . Determination that Comprehensive Permit is Rescinded Applicant(s): Sara C. Benson Property Address: 170 Woodside Rd, Marstons Mills/West Barnstable,MA Assessor's Map/Parcel: Map 127 Parcel 009/TOO, WOO Zoning: Residential F and Aquifer Protection Overlay District Background: Sara'C. Benson applied to the Town of Barnstable for a comprehensive permit under the Accessory Affordable Apartment Program pursuant to Article II of Chapter Nine of Part 1, General Ordinances of the Code of the Town of Barnstable. The applicant was seeking to convert an existing one-bedroom unpermitted apartment located above the attached garage into an accessory affordable apartment. ^ Comprehensive Permit Number 2005-063 was issued to the applicant on September 2, 2005 and a Regulatory Agreement and Declaration of Restricted Covenants was.recorded at the Barnstable Registry w of Deeds on October 21, 2005 in Book 20387,Page 35. CM The applicant has requested that her comprehensive permit be rescinded as she has moved to another property and her home is.in the process of being sold. Ln Procedural & Hearing Summary: A public hearing was duly advertised in accordance with MGL Chapter 40A and notice sent to the g applicant that the hearing would be held to review and act upon the request to rescind the permit. The hearing was opened on November 15, 2006 at which time the Zoning Board of Appeals Hearing Officer made the following finding and decision: Findings of Fact: At the hearing on November 15, 2006 the Zoning Board of AppealsHearing Officer made the following findings of fact: In Appeal 2005-063, the applicant, Sara Benson sought to convert a - g one bedroom accessory apartment located above the attached garage into an affordable rental unit in accordance with all the conditions of the permit. The property is shown on Assessor's Map 127 Parcel 009/ T00, W00 and is commonly addressed as 170 Woodside Road, Marstons Mills/West Barnstable, MA in Residential F and Aquifer Protection Overlay Districts. On September 2, 2005, a comprehensive permit was issued for the property, and a Regulatory Agreement and Declaration of Restrictive Covenants was recorded at the Barnstable Registry of Deeds on October 21, 2005 in Book 20387 and Page 35. f By letter dated August 20, 2006, Sara Benson informed the Program Coordinator that she would no longer be occupying the home as her primary residence and that the house would be put on the market. Decision: At the hearing on November 15, 2006 the Hearing Officer determined that comprehensive permit 2005- 063 issued to Sara C. Benson for the property located at 170 Woodside Road, Marstons Mills/West Barnstable, MA is no longer valid. Transmission: In accordance with Part II, Section 4.02 and Part III, Section- 3.72 of the Town of Barnstable Administrative Code, the Hearing Officer transmitted the written decision to the Zoning Board of Appeals on November 15, 2006. As fourteen days have elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision, this decision becomes final. Ordered: Comprehensive Permit 2005-063 is null and void. IlA u Gai ightinga e, ring Offic D to Si ed 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.had been qed in the office of the Town Clerk Signed and sealed this day of a o 6 under the pains.and penalties of Perjury. Linda hennder, Town Clerk 2 F TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel UO9- Permit# lJ Health Division �•�� �- Date Issued _ Conservation Division f° x Fee Tax Collector I o �Z/a Treasurer Planning Dept. Checked in By Date Definitive Plan Approved by Planning Board Approved By Historic-OKH Preservation/Hyannis Project Street Address /7I Village Ali Owner cf'w l3 /,fdw Address Telephone7� Permit Request w//1,A �/f�//I/� Square feet: 1 st floor: existing proposed 0— 2nd floor: existing proposed 0 Total new Valuation Zoning District � Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) // Age of Existing Structure V2. Historic House: ❑Yes �o On Old King's Highway: ❑Yes & o 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:0 existing ❑new size Pool: 0 existing ❑new size Barn:0 existing ❑new size Attached garage:Cl existing ❑new size Shed:0 existing ❑new size Other: Zoning Board of Appeals Authorization iAppeal# AV-5'_ as Recorded❑ Commercial ❑Yes f/No If yes, site plan review# Current Use AZfOty elT/I� Proposed Use BUILDER INFORMATION Name GUi2 zf, Telephone Numbers 7,J d y Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE • FOR OFFICIAL USE ONLY PERMIT NO. - - - Ll DATE ISSUED - - MAP/PARCEL NO. ADDRESS VILLAGE OWNER ' DATE OF INSPECTION: I• FOUNDATION FRAME INSULATION ' FIREPLACE ELECTRICAL: ROUGH FINAL ' PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. e B V, '0387 Ps 35 IF738 CD 10-21-2005 Qi 1 1i:� ut � ,�;_:•� • MAS&8AR L$ • •.. a MA.96 Ya •674 �� .... v lF0 MAi - Town of Barnstable - r Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2005-063—Benson Decision - Chapter 40B Comprehensive Permit Applicant: Sara C. Benson - Applicant Address: 170 Woodside Road, Marstons Mills/West Barnstable, MA Assessor's Map/Parcel: Map 127, Parcel 009/T00, W00 Zoning: Residential F Zoning District f-_ Applicants: The applicant.is Sara C. Benson, who resides at 170 Woodside Road, Marstons Mills,MA. Ms.Benson was granted title to the property by deed recorded in the Barnstable Registry of Deeds on March.19, 1982, as recorded in Book 03452, Page 219. . Relief Requested: The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Lays of the Commonwealth of Massachusetts, and.in accordance with Article I1 of Chapter Nine of the Code of the 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.Pr6gram to permit an accessory apartment unit 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. Locus and Background: The principle residence is on a 0.63-acre lot located at 170 Woodside Road in Marstons Mills. The accessory apartment above the attached garage is located at 170 Woodside Road in West Barnstable. The lot was developed in 1972 with a single-family home. The effective living area of the main residence is 2,168 square feet. The accessory apartment is a one-bedroom unit located above the attached garage. The square footage of the rental area is approximately 650 square feet. The lot is served by public water and on-site septic, and is located within an Aquifer Protection Overlay District. On June 22, 2005, the town of Barnstable's Public Health Division reviewed the septic and approved the property for a total of four(4) bedrooms. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Office of Community & Economic Development on July 1, 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. r 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, Sara Benson, 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 27, 2005 the Hearing Officer made the following findings of fact: 1. The applicant is Sara C. Benson who resides at 170 Woodside Road in Marstons Mills, MA. She is requesting a Comprehensive Permit to convert an existing one-bedroom apartment above the attached garage 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. Ms. Benson was granted title to the property by deed recorded in the Barnstable Registry of Deeds on March 19, 1982, as recorded in.Book 03452, Page 219. 3. On July 1, 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 704 square feet, and is located above the attached garage 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and private on-site septic and is in an identified Aquifer Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved the use of the existing on-site septic system for a total number of four(4) bedrooms. 7. On June 1,2005 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 her 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 Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MS'A) 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. 2 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 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 Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings, a riling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicant, Sara C. Benson: 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 her 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 four(4). 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 her 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 3 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 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 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 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 2005-063 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 the filed in the office of the Town Clerk. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. 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. g << s Gail qightingalelearing 0(fler Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County, Massachusetts, her certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and4hat no appeal of the decision has been filed in the office of the Town Clerk. ,�,�d Signed and sealed thi,� day o 4 l under the pains and penalties of perjury. . Linda Hutchenrider, Town Clerk 5 Bk 20387 P:u 4-0 *-?3846 10-2 1—2s=►05 & 11 =35cx REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTB.ICITVE COVENANTS,is made , this -17)day of 4G&,66-t_ ,2005,byand between Sara C.Benson of 170 Woodside Road, West Barnstable, MA 02668 and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the "Municipality"), a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN: The terms of this Agreement and Covenant regulate the property located at 170 Woodside Road, West Barnstable, MA 02668 as further described in deed recorded herewith as Barnstable.County Registry of Deeds Book 03452,Page 219. B. The Project located at 110 Woodside Road,West Barnstable,MA 02668 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 'n accordance with the terms.of comprehensive permit Appeal No. 2005-063 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 0?0_ 137 Page c�S 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. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and. decent housing to persons earning at or below 80% of the area median income of Barnstable-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--hat 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 level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or, as applicable,has not violated any provision of law, rule or regulation,or any order of any court or other agency or governmental body, and will not violate or, as applicable,has not violated any provision of any indenture, agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carryon 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 (AM) 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 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 Toan 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 RegistryDistrict 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 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 o 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 HARNILESS: 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 charges 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 beheld 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 03452, Page 219 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 03452 Page 219. 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 propertywhich is the subject:natter 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 ninn;ng with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merelypersonal covenants of the Owner, and (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. 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 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. XIV. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of-she 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 day of ©C i d 6 VZ ,20Z. OWNER BY: SARA C.BENSON COMMONWEALTH OF MASSACHUSETTS County of Barnstable ss: / O this da of �� 2Nd before me,the undersigned notary public,personally appeared TO/� dA/ ,the Owner(s) roved to me through satisfactory evidence of identification,which were p g ry lI/l/� �LI�Z:I GI'CC- c(G� ,to be the person(s) whose name(s) is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. &, ELIZABETH ANN DILLEN Notan"?ubGc Commonwealth of Massachusetts Nota Pub c MY Commission Expires �' October 27, 2011 Printed: ZZ17RAAW N/Z My Commission Expires:T� t i 4 TOWN OF BARNSTABLE BY: T MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this day of 20C before me,the undersigned notary public, ersonally appeared P PP /V ,the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were, AJgjVEg�s LlccXSE ,to be the person whose name is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. f / Notary Pu c Printed: L u 2S A� W}��,�J My Commission Expires: � U 23 2V0 LINDA R.WHEELDEN NOTARY PUBLIC COUMOOMTFI OF MASSACHUSETTS My CQ=D*u 024-1-2OQ7 5 Building Sketch 3v y dLal-1-11, C'/L•�S7/�'�9iGiifE-✓36 2 L=,.Sf�G c7z..tsuG- 36 -SLAQ �S�tc3 s 36LOP A 4P /b Address: 170 W OU DS l DC Barry, Lois From: Dillen, Elizabeth Sent: Monday, October 31, 2005 2:35 PM To: Barry, Lois Subject: RE: 170 Woodside Road, Marstons Mills Yes, all set! -----Original Message----- From: Barry, Lois Sent: Monday,October 31,2005 1:30 PM To: Dillen, Elizabeth Subject: 170 Woodside Road, Marstons Mills Hi Beth, The Certificate of Compliance for this property will be on Tom Perry's desk for his signature tomorrow. I assume you are all set on your side. Lois I 1 Amnesty Program Helping to Make Affordable Housing Possible ilY 1 ,84 Certificate of Compliance .. This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building.Code, and Town of Barnstable zoning ordinances in accordance with the Amnesty Program..' Location 170 Woodside Road, Marstons Mils, MA Unit Capacity One bedroorn, not to cAceed two.peopIe.. Inspector L M/P No 12-7°U09 T00,. ,0- T 0/3:1/22005 I TOWN OF BARNSTABLE 4� ' CERTIFICATE OF OCCUPANCY--AMNESTY UNIT PARCEL ID 127 009 T00 GEOBASE ID 6940 ADDRESS 170 WOODSIDE ROAD PHONE MARSTONS MILLS ZIP - LOT 9 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CO PERMIT 87975 DESCRIPTION AMNESTY UNIT, EXISTING, PERMIT 87869 PERMIT TYPE BAMNCO TITLE AMNESTY APT CERT. OF OCC. CONTRACTORS: Department of ARCHITECTS: Regulatory Services TOTAL FEES: $25.00 i BOND $.00 p� CONSTRUCTION COSTS $.00 K � 756 CERTIFICATE OF OCCUPANCY * BARNSTABLE, MASS. t 16g¢ A1� k J BUILDINGI DIVISIO' r DATE ISSUED 10/27/2005 EXPIRATION DATE ` Y�� t I � TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY- AMNESTY UNIT I PARCEL ID 127 009 TOO GEOBASE ID 6940 ADDRESS 170 WOODSIDE ROAD PHONE MARSTONS MILLS ZIP - } LOT 9 BLOCK LOT SIZE DBA DEVELOPMENT . DISTRICT CO . 4 PERMIT 87975 DESCRIPTION' AMNESTY UNIT, EXISTING, PERMIT 87869 PERMIT TYPE BAMNCO TITLE AMNESTY APT CERT. OF OCC. CONTRACTORS: Departmenit Of ARCHITECTS: Regulatory Services TOTAL FEES_: $25.00 BOND, $.00 Oft!!E w CONSTRUCTION COSTS $.00 r § 756 CERTIFICATE OF OCCUPANCY ,► snwvsffi" l Mass. BUILDEY DIVISI ; BY s� DATE ISSUED. 10/27/2005 EXPIRATION DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. - CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED APPROVED PLANS MUST BE RETAINED ON JOB AND FOR ALL CONSTRUCTION WORK: THIS CARD KEPT POSTED UNTIL FINAL INSPECTION WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS HAS BEEN MADE.WHERE A CERTIFICATE SP CTIO PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS B IS REQUIRED,SUCH BUILDING SHALL NOT U_ ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. 3.INSULATION. 4.FINAL INSPECTION BEFORE OCCUPANCY. 11 t • , . = . f 1 BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 � 1 i - 2 2 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT k 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL I WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON.THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TEL PHONE OR WRITTEN NOTIFICA TION. NOTED ABOVE. r 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-M 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. I 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 Ubdate on Properties Referred to Amnesty Progrma by Buildine 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,Marston 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 YES- ZBA Hearing on May 25, 2005 1 • 141 Highland Ave, Cotuit- Ron Tosti . YES- ZBA Hearing on July 27,2005 BARNSTABLE • 1586 Hyannis Road, Barnstable - Stephen Duff YES- ZBA Hearing on May 25,2005 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 Samia 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 Dillen Spatial P74ats Coordinator Tozen of Barwable Ojfix of anmr aty& EmnoriAcDezelopnvi 508.862.4683 2 Barry, Lois 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, .la+a4easi =ss - 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 YES - ZBA Hearing on May 25, 2005 . 1 I oFt►+E t� . �AB� The Town of Barnstable Office of Community and Economic Development 230 South Street Hyannis, MA 02601 Office:508-862-4678 Fax:508-862-4782 May 31,2005 Mr.John C.Klimn-,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 g y accessory unit Lee Burrill- 779 Wakeby Road,Marstons Mills - a single-family accessory unit Sara Benson- 170 Woodside Road, - a single-family accessory unit �• Lisbeth Florestal- 125 Woodside Road,Marstons 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 Dillen,Program Coordinator mmunity&Economic Development cc: Town Attorney's Office Building Department f/ Public Health Department pF1ME Tp Town of Barnstable Regulatory Services " BARNSTABLE,ASS.Mass. Thomas F.Geiler,Director M �, ArEo;p..A`` Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 November 29, 2004 Sara Benson 170 Woodside Road West Barnstable 02668 Re: 170 Woodside Road West Barnstable, MA. 02668 Map 127. Parcel 009/T00 Dear Property Owner: Our records indicate that your house at the above-referenced location is currently being used as a two-family home, which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home. • Apply to the Amnesty Program. • Prove that this is a legal two-family home. Please contact this office immediately to tell us what direction you wish to take. Sincerely, Linda Edson Amnesty Officer Building Department gforms:zoning3 November 18, 2004 I fowled up on and ad in the Cape cod Times September 5, 2004 advertising am apartment for rent at 170 Woodside Road. This is a family Apartment and can not therefore be rented to anyone other than family. Sent letter 11/18/00 Linda Edson Town of Barnstable Regulatory Services 9 erMAM g` Thomas F.Geiler,Director qjp .i6gq ♦0 rE1639 Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 November 22, 2004 Sara Benson 170 Woodside Road Marstons Mills,Ma. 02648 Re: 170 Woodside Road Marstons Mills, MA. 02648 Map127. Parcel 009/T00 Dear Property Owner: Our records indicate that your house at the above-referenced location is currently being used as a two-family home,which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home. • Apply to the Amnesty Program. • Prove that this is a legal two-family home. Please contact this office immediately to tell us what direction you wish to take. Sincerely, Linda Edson Amnesty Officer Building Department gforms:zoning3 oFtHE ra,, Town of Barnstable ti Regulatory Services MAMg Y 9 $' Thomas F.Geiler,Director iOlF1 39. 0. Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 November 18, 2006 Sara Benson 170 Woodside Road Marstons Mills, Ma. 02648 Re: 170 Woodside Road Marstons Mills, MA. 02648 Map 127. Parcel 009/T00 Dear Property Owner: Our records indicate that your house at the above-referenced location is currently being used as a two-family home,which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home. • Apply to the Amnesty Program. • Prove that this is a legal two-family home. Please contact this office immediately to tell us what direction you wish to take. Sincerely, Linda Edson Amnesty Officer Building Department gforms:zoning3 1.12/CAPE COD TIME'' Apadments 720 HYANNIS:Studio/1 br;in-law apt$750. 508each 775 842 aln St, HYAfVNISICENTERVILLE: Spacious 1 & 2 bedroo apartments,$1050/month $900/month plus utilibe No pets.1st,last&secun required.Basic cable inclu ed in Hyannis. Call Mon-Frf.508-775-931 h I HYANNISPORT,W:1 large r, kit;ba, living room, cable, X pprivate,no pets.References. f $900.inclusive. 4 508-778-9761 KING'S LANDING APARTMENTS ; I LUXURY LIVING...AT 4 AN.AFFORDABLE . I PRICE BREWSTER:Accepting ap- plications for our wait list. Oversized 1 & 2 bedroom apartments offer wall to wall rpetin .fully appli- ance d Igtchens aund , ample closet space,.lry faciili- ties, in,each bu dmg, and 24;hour emergency main i tenance se ice. Ong6 range from:$ 90$811 Two:-:Bedroom rents range r 4rom:,$730-$858. I All rents INCLUDE HEAT& I HOT WATER '(Annual._.income guide- lines from $23,651 to based unto&household d size) on For rental information: Mondayy Thursday 9-4:30 1200 State Street I Brewster,MA 02631 TA(5 08)896-5073 1,800-238-0782_ EQUAL HOUSING OPPORTUNITY II Units available on an open occupancy basis MARSTONS MILLS� 06ique, detached tri Ievel,,1-br prig vote, quiet, ideal for I _,no pets:$875+-includes cattle. -� 508-420-3048.,E I MARSTUNS MILLS: Fur- nished studio, ideal for 1, cable, utils.; quiet & safe; $075/mo.508-420-7848. ?Barnstable Assessing Search Results ` /�j Page 1 of 2 4�8g,. Home: Departments:Assessors Division: Property Assessment Search Results 170 WOODSIE ROAD Owner: u } BENSON, SARA C Property Sketch Legend Map/Parcel/Parcel Extension No sketch is available for this pal 127 /009/W00 , Mailing Address BENSON,SARA C 170 WOODSIDE RD W BARNSTABLE, MA.02668 2004 Assessed Values: Appraised Value Assessed Value Building Value: $0 $0 Extra Features: $0 $0 Outbuildings: $0 $0 Land Value: $9,600 $9,600 Interactive Property Map: ap requires Plug in: Totals:$9,600 $9,600 1 have visited the maps before Fir: Show Me The Map _( April 2001 photos available Sales History: Owner: Sale Date Book/Page: Sale Price: BENSON,SARA C 5/13/2002 -15147/306 $ 1 BENSON,ALBERT L&SARA C 7/15/1990 7222/321 $ 1 SKINNER,SARA C 3/15/1982 3452/219 $60,000 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $63.46 Town Fire District Rates Other Rates 6.61 Barnstable 2.01 Land Bank 3%of Town Tax W. Barnstable FD Tax $ 13.06 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $ 1.90 Hyannis 2.03 West Barnstable 1.36 Total: $78.42 Due to rounding differences these values may vary Land and Building Information http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeS ervices/Finance/Assessing/... 9/9/2004 r Barnstable Assessing Search Results Page 2 of 2 Land Building Lot Size(Acres) 0.18 Year Built 0 Appraised Value $9,600 Living Area 0 Assessed Value $9,600 Replacement Cost$0 Depreciation 0 Building Value 0 Construction Details Style Vacant Land Interior Floors Model Vacant Interior Walls Grade Heat Fuel Stories Heat Type Exterior Walls AC Type Roof Structure Bedrooms Roof Cover Bathrooms Total Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamgtable.ma.us/tob02/Depts/AdministrativeS ervices/Finance/Assessing/... 9/9/2004 f WhitePages.com- Online Directory Assistance Page 1 of 1 s Print Screen Back to WhitePages.com Results Search Information: Searched terms: "(508)420-3048" Search took 0.06 seconds Listings 1-1 of 1 Result Benson, Albert L 170 Woodside Rd West Barnstable, MA 02668-1738 (508)420-3048 i Copyright©1996-2004 WhitePages.com.All rights reserved. Private policy and Terms under which this service is provided to you. I ,_`_.; %xT11;+P„nRPQ rnmfln4 feanrre/nrint friendly/search/Reverse Ph... 9/9/2004 yY' �l Town of Barnstable /k Regulatory Services Thomas F.Geiler,Director o� Building Division ' ' ' 3 „ Tom Perry, Building Commissioner''"' r C, ,e,�i639• �0 200 Main Street,Hyannis,MA 02601 •rDl�� `Y FTF 508-790-6230 Office: 508-862-4038 Town of Barnstable Family Apartment Affidavit 1,being on oath, depose and state as follows: My name is I am the owner/resident of the property located at: 0 moo Ds ��� �� • w Map and Parcel Number 7 v q T The ZBA granted me a Special Permit/Variance on Dace Appeal No. The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name&relationship to owner:• ���� �'� E au �r o 6S w£ Name&relationship..to owner: —�kjs�'a/ L.o6Swe-Ct ,C�Us/A�.a Or The Family Apartment will be the primary year-round residence for the above-identified that the listed relatives vacate said apartment,I will immediately family members. In the event not the Building Commissioner in writing.I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file on,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 in the Appeal No. identified above. I 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. The apartment-has been transferred to the Amnesty Program(Appeal No. Other Sworn to under the pains and penaltiesthis `�' day of 2004 of perJury �____ Aa''`"" Phone.Number'` Signature PontName Q/bldg/forms/famaffid I - JURY — IN HAND SERVICE Comcmconbmea ttb of ;01a2;5acbU' 5ett5 BARNSTABLE, SS. BARNSTABLE DISTRICT COURT .To the Sheriffs.of our several Counties, or their Deputies, any State Police Officer, the Constables or Police Officers of any City or Town in the County of Barnstable GREETING: JACK GILLIS You are hereby commanded to summon CONSUMER AFFAIRS 230 SOUTH STREET HYANNIS, MA (if she/he may be found in your precinct) to appear before the BARNSTABLE DISTRICT COURT now - next to be-holden at Barnstable within and for our County of Barnstable on Wednesday the ninth day of September A.D. 19 98 -fort_awith-at nine o'clock in the forenoon-and from day to day, then and there to give such evidence as she/he knows relating to any matters which may be inquired of on behalf of the Commonwealth before said Court-or the Grand Jury, in the matter of Commonwealth vs. ALBERT BENSON HEREOF FAIL NOT, and make due return of this writ, with your doings thereon, into the said Court. WITNESS, my hand, at Barnstable in the County of Barnstable thirteenth day of July in the year of our Lord nineteen hundred and ninety—eight. .......... ... ........... Assistant istrict Attorney Urenas Gloria Subject: FW: Court: Benson Priority: High From: Lomba Lois To: Urenas Gloria Cc: Crossen Ralph Subject: Court: Benson Date: Monday, May 11, 1998 12:06PM Priority: High Hi Gloria: Please be advised that Jack Gillis will be out of town on 5/20/98. The Albert Benson case is scheduled at Bamstable First District Court on that date at 9:00 AM, and you will be needed to replace Jack. If you are unavailable on that date, please let me know and I will have to make other arrangements. Thank you, Lois Page 1 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE R E C E �A�`l IT n - depose and state as follows: TOWN of BARNSTASL IL L) I.reside at - 0--- C>o ��s i --- �----��=- ............ 2.) I am the owner of the property located at ------------------------------------------------------------------------- shown on Barnstable Assessors' maps as MAP___ .____PARCEL_ (oQ 9 —T-o U (n® 9 . c v 00 3.) I Do- X ----Do not __have a Family Apartment at this location. 4.) On__ __ -- _, the Zoning Board of Appeals, on Appeal No. I granted me a Special Permit/Variance to maintain a Family Apartment at the above address. 5.) I understand that the Family Apartment may only be occupied by members of my family who are persons related to me by blood or by marriage. 6.The following members of my family will be the sole occupants of the Family Apartment at the above address: a) NAME-------`J u s Ti._/---_�__'�_ _`i a & _-------- ------------------------ Relationship to owner:---------/ F,jE.J----------------------------------- b) NAME-=----------------------- -- ------------------------------------------ Relationship to owner:------------------------------------------------------ 7.) The Family Apartment will be the primary year round residence for the above-identified family members. 8.) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner ui writing. 9.) I understand that no subletting or subleasing of said Family Apartment is permitted. 10.) I understand that I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said Family Apartment. 11.) I understand that I ain required to comply with all conditions imposed by the Board of Appeals in Appeal No. --Z 4�&-=—/*,—q ---------------------------------------- 12.) I agree to immediately notify the Building Commissioner in die event of the sale of the above- listed property. Sworn to under the pains and penalties of perjury this day of // �L 199'o____ Signature r- Print r r. The Town of Barnstable + MUMSPABIJ& r 9� MASS. �•� Department of Health Safety and Environmental Services ,eriro Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner CASE SUMMARY BONING DISTRICT RF. ....................... ASSESSORS MAP;# 127 DATE 3730/98 ASSESSOl 1?ARCEL# Q09 W0;0 . PROPERTY ADDRESS: 170 Woodside Road West Barnstable,Mass. OWNER(S) OF RECORD: Albert & Sara Benson ALLOWED USE: Single-family Residence CURRENT USE VIOLATION: Two-residential units. HISTORY • 10/24/96 Inspection performed in response to a complaint. • 11/13/96 Verification of existence of illegal apartment. • 12/03/96 Notice of violation and correction alternatives sent from Building Dept. • 12/10/96 Letter of Attorney Michael B.Stusse indicating the owner's decision to remove the cooking facilities and that the owners were vacating the premises for an extended vacation leaving Russell Marena as the sole occupant. • 12/16/96 Spoke with Atty.Stusse who indicated the matter would have to be addressed in April as the owners are not living there-gone on trip. • 1/29/97 No response-re: Building Permit. 0 1/31/97 Re-inspection revealed no change to premises. 170 Woodside Road,W.Barnstable Violation History(Cont.) • 2/20/97 Re-inspection revealed no change to premises. Still no response. • 6/19/97 No response. • 7/1/97 Letter from Building Commissioner Crossen allowing 14 days to take corrective measures and notice that failure to comply would force the Town to file criminal charges. • 7/7/97 Letter from Atty.Stusse. 0 8/26/98 Final Notice from Gloria M.Urenas,Zoning Enforcement Officer indicating the Town's intent to file a complaint in District Court. • 9/9/97 Notice from Jack Gillis,Division Supervisor,Barnstable Department of Health,Safety,and Environmental Services,Consumer Affairs Division of the Town's intent to pursue resolution through the Court. cs127.009 THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE DISTRICT ATTORNEY CAPE&ISLANDS DISTRICT PHILIP A. ROLLINS 3231 MAIN STREET DISTRICT ATTORNEY P.O. BOX 455 BARNSTABLE,MA 02630 (508)362-8113 July 13, 1998 VD Consumer Affairs Jack Gillis JUL 151998 230 South Street Hyannis, MA 02601 TOWN OF BAF'!-=--,4ABLE ;L. WEIGHTS AND 11r;r_,','SURES Re: Commonwealth v. Albert Benson 9825CR1376 LICENSING i PARKING Dear Mr. Gillis, Presently, the above referenced case is scheduled for Jury Trial cin-September 9, 1998 at 9:00 a.m. Your appearance is necessary}on this date. However, on May 27, 1998, this office sent you a letter request6g a written narrative advising us of the facts relative to this case, but to no avail. If we are not in receipt of same before the next scheduled date, the court may have no other alternative but to dismiss the charges. Please include any witnesses along with their address and telephone number. - Thank you for your prompt attention to this matter. If you have any questions please contact this office. Very truly yours, 1"'Gi'C.'1 o cA Chief District Court Prosecutor PAUdaa f THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE o DISTRICT ATTORNEY CAPE&ISLANDS DISTRICT PHILIP A. ROLLINS 3231 MAIN STREET DISTRICT ATTORNEY P.O. BOX 455 BARNSTABLE,MA 02630 (508)362-8113 May 27, 1998 f C R• Consumer Affairs = ATTN: Jack Gillis MAY 28 1998 230 South Street TOWN 0' 1E Hyannis, MA 02630 •:`` WEh��HTpt g - ,. .. 1.I.Csi1'cv:::a:..• Re: Commonwealth Ni. Albert Benson 9825CR1376 Dear Mr. Gillis: Please be advised that the above-referenced cases are scheduled for a pretrial conference on July 2, 1998. Your appearance is not neeessarX;on that date. Please submit the information we will need to prosecute the Ordinance ByLaw case you have pending against the above. t . Thank you for your anticipated cooperation. If I can be of any assistance, please do not hesitate to contact me. Very truly yours, A . U. /rKU Peter A. Lloyd Chief District Court Prosecutor mec/PAL APPLI CATION N NO. b >;' > N .` Court of Massachusetts 9825 AC 010583 r De artn-ient -gyp O G 14>:S:::IIE R d �lct Court P CITATION NO NO. CO UNTS DATE OF APPLICATION DATE OF OFFENSE COURT.NAME&ADDRESS 3/06/98 9/09/97 1 BARNSTABLE DISTRICT COURT LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, P.O. BOX 427 BARNSTABLE BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427 (508) 362-2511 NAME AND ADDRESS OF DEFENDANT ALBERT BENSON DATE OF HEARING MW NT 170 WOODSIDE ROAD 4/09/98 MUST APPEAR W BARNSTABLE MA 02668 TIME OF HEARING ABOVE COURT ON THI E DATE AND 2 : 00 PM SCHEDULED EVENT CLERK'S HEARING (G.L. c.218, § 35A) NAME AND ADDRESS OF COMPLAINANT GILLIS, JACK FIRST SIX COUNTS 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL TO THE ABOVE-NAMED COMPLAINANT: You are hereby notified that a hearing on your application for a criminal complaint against the above named defendant will be held at this court by a magistrate on the date and time indicated. If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the court. If you fail without good cause to appear at the hearing, the application will be dismissed. DATE ISSUED CLERK-MAGISTRATE 3/06/98 ATENCI6N:IESTE ES UN AVISO OFICIAL OE LA CORTE.SI USTED NO SABE LEER INGLES,OBTENGA UNA TRADUC06N. ATTENTION.CE91 EST UNE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.SI VOUS€STES INCAPABLE DE LIRE ANGLAISE,OBTENEZ UNE TRADUCTION. ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE,SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZIONE. ATEN(;AO:ESTE E UM AVISO OFICIAL DO TRIBUNAL.SE NAO SABE LEA INGLE9,OBTEN HA UMA T'RADUQAO. LUU-Y:DAY LA THONG BAO CHINH THUG C15A T6A-AN,NEU BAN KH�ONG DOC DUOC TIENG ANH,HAY TQ NGU01 OIC1HHO. y Ag It 4Y. CH2 3/06/98 10:24 AM APPLICATION NUMBER(COURT USE ONLY) Z' APPLICATION ? ADULT Court of Massachusetts =o FOR COMPLAINT ❑ JUVEI *strict Court Department t The within named complainant requests that a complaint issue ❑ ARREST a REQUEST HEARING COURT DIVISION against the within named defendant,charging said defendant with the offense(s)listed below. ❑REQUEST ❑ REQUEST SUMMONS WARRANT (one or more felonies) NO.COUNTS POLICE DEPT.CODE POLICE INCIDENT NO. OFFENSE DATE OFF.LOCATION CODE ARREST DATE CITATION NO.(if applicable) BAR 9l// '¢ .s srs a",7*""rurt� '.:ucw� r+�w � 'Fr S'..' rt -•# r � �dxx '#:� k »+ n '� :.+#a+R r �' r..a x�ag s LAST NAME FIRST NAME MIDDLE NAME Benson Albert ALIAS NAME(LAST,FIRST,MI) STREET ADDRESS 170 Woodside Road CITY STATE ZIP HOME PHONE West Barnstable MA 02668 CITY OF BIRTH STATE OF BIRTH SID NO. PCF NO. LICENSE STATE MARITAL STATUS SEX ETHNICITY HEIGHT WEIGHT COMPLEXION HAIR EYES FT IN LBS �. CHAP./SEC./SUB. DESCRIPTION OFFENSE DATE C3/S1 . 1 Violation of Town of Barnstable zoning O dinance VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCEITYPE&VALUE OF PROPERTY/OTHER VARIABLE) Re: 170 Woodside Road, West Barnstable MA 02668 Ma Parcel 127 009-W00 CHAP./SEC./SUB. DESCRIPTION OFFENSE DATE 2. VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCE/TYPE&VALUE OF PROPERTY/OTHER VARIABLE) CHAP./SEC./SUB. DESCRIPTION OFFENSE DATE 3. VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCE/TYPE&VALUE OF PROPERTY/OTHER VARIABLE) CHAP./SEC./SUB. DESCRIPTION OFFENSE DATE 4. VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCE/TYPE&VALUE OF PROPERTY/OTHER VARIABLE) IS DEFENDANT IF NOT IN CUSTODY,BAILED TO COMPLAINANT(OFFICER CODE OR NAME AND ADDRESS) CO-DEFENDANT NAME(S)IF ANY IN CUSTODY? Jack Gillis YES NO = M. Consumer Affairs DATE TIME 230 South .Street WITNESS(ES)(OFFICER CODE(S)OR NAME(S)AND ADDRESS(ES). Hyannis, MA 02601 NAME AND ADDRESS OF EMPLOYER(S)OF DEFENDANT MOTHER'S MAIDEN NAME(LAST,FIRST,MI) FATHER'S NAME(LAST,FIRST,MI) EMPLOYER PHONE DEFENDANT WORK PHONE OCCUPATION DESCRIPTION OF INCIDENT(or attach on separate pages X f / � 2/17/98 IGNATURE O COMPLAINANT DATE DC-CR2A(8/93) r Town of Barnstable Department of Health, Safety, and Environmental Services THE A Consumer Affairs Division 230 South Street, P.O. Box 2430 BARABM Hyannis, MA 02601 Tel: 508-790-6250 Mnss. 9�prEo 39. Fax: 508-778-2412 Jack Gillis Supervisor September 9, 1997 Albert& Sara Benson 170 Woodside Road West Barnstable, MA 02668 Re: 170 Woodside Road,West Barnstable,MA 02668 Map/parcel 127/009-W00 Dear Property Owner: The Building Division of the Town of Barnstable has attempted to resolve the zoning issue regarding your property. The division records show no response to date. The matter has been turned over to my office for criminal court action. If no response is made within seven (7) days from the date of this letter, we will seek a criminal complaint in Barnstable First District Court to resolve this issue. If you have any questions regarding this matter, please do not hesitate to call me at (508) 790- 6250. Sincerely, c Gillis vision Supervisor JG:Ifl cc: Attomey Michael B.Stusse j/building/benson.doc o� i s ' + BABNSTABLE, • 9`�AT 39. The Town of Barnstable Department of Health tSafety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner August 26, 1997 Albert& Sara Benson 170 Woodside Road West Barnstable,MA 02668 RE: M-127 P-009-W00 170 Woodside Road,West Barnstable,MA Dear Property Owner: We are sorry you have chosen not to cooperate with this office in restoring your home to a single- family dwelling. Since you do not want to comply to the Zoning Board of Appeals,we are forced to seek a complaint in District Court. Sincerely, Gloria M.Urenas Zoning Enforcement Officer GMU:lb cc: Attorney Michael B. Stusse CERTIFIED MAIL P 339 592 339 Q970618A ARI ITO, ALENEY, STUSSE, ROBERTSON L)PUY P.C. r j ATTORNEYS AT LAW MATTACHEESE PROFESSIONAL BUILDING 25 MID-TECH DRIVE,SUITE C WEST YARMOUTH,MASSACHUSETTS 92673 EDWARD J.SWEENEY,JR. TELEPHONE (508) 775-3433 RICHARD P.MORSE,JR. MICHAEL E.STUSSE FAX (508) 790 4778 RICHARD A DALTON DONNA M.ROBERiSON RUTH A.McLAUGHUN MATTHEW J.DUPUY CHARLES J.ARDITO, III CHARLES M.SABATT CHARLES J.ARDITO,P.C. PLEASE REFER TO FILE NUMBER G3995Z r July 7, 1997 Ralph M. Crossen Building Commissioner ' Town of Barnstable ` 367 Main Street Hyannis, MA 02601 RE: 179 WOODSIDE ROAD. WEST BARNSTABLE ' Dear Commissioner Crossen: 't1 Fps.. � •�` ... - ,. ., J"met this morning with Mr. and Mrs. Benson with regard to your�"letter of 'July 1, 1997. At the meeting, Mrs. Benson produced building and occupancy permits issued in 1986. She also states that the occupant, Russell Marena, in addition to being a disabled veteran, is also her brother-in-law. In reviewing the bylaw provision, it would appear that there may be no- reason to seek criminal sanctions. If you would like, I will produce her paperwork at your, office at a mutually convenient time. In`anticipation of hearing from you, I remain, , Very trul urs, MICR B'. U SE - cc: Mr. and Mrs., Albert Benson ,R 14 3) Conditional Uses: The following uses are permitted as conditional uses in the RB, RD-1 and RF-'2 Districts, provided a Special Permit is first obtained from the Zoning Board of Appeals subject to the provisions of Section 5-3.3 herein and the specific standards for such conditional uses as required in this section: A) Renting of rooms to no more than six (6) lodgers in one (1) multiple-unit,.dwelling. B) Public or private regulation golf courses subject to the following: a) A minimum length of one thousand (1, 000) yards is provided for a nine (9) hole course and two thousand (2, 000) yards for an eighteen (18) hole course. b) No accessory buildings are located on the premises except those for storage of golf course maintenance equipment and materials, golf carts, a pro shop for the sale of golf related articles, rest rooms, shower facilities and locker rooms. C) Keeping, stabling and maintenance of horses in excess of the density provisions of Section 3-1 . 1 (2) (B) (b) herein, either on the same or adjacent lot as the principal building to which such use is accessory. D) Family Apartment subject to the following: a) Not more than one (1) family apartment is provided. b) The family apartment is within or attached to an existing residential structure or within an existing building located on the same lot as said residential structure. c) The residential character of the area is retained as nearly as possible. d) The family apartment contains not more than fifty percent (50%) of the square footage of the existing residential structure if being proposed as an addition thereto. e) All setback requirements of the zoning district within which the family apartment is being located are complied with. -,� .. f)---The pro�tyowne`rresides. ohthe same lot¢�as ,the . farm--1 y:.,apar!tment, 15 g) The family apartment is occupied by members of the property owner's family only. h) The occupancy of the family apartment does not exceed two (2) family members at any one time. i) The family apartment is the primary year-round residence of the family member (s) residing therein. j.),.....,.The famil.yapar�tmentwi'1�I�nort be us bl t orsubl ased� Y,.� bye th"er�the' own"�e'�r' 'orf "y�,member (��`at any'�tme. k) Scaled plans of any proposed remodeling or addition to accommodate the family apartment have been submitted by the property owner or his or her agent to the Building Commissioner and the Zoning Board of Appeals. =s 1) Ptior, to occupancyof*tli�efamiClyap rtment; gaff=day is reci_ting t -e names ,and' fam_ ly relat onship amongdthe :part es,rseek' ng#rapproval-Piave'-;been signed and shall bew"signed annually thereafter. .for,I-the ' duration .of such .occupancy. _ r m) Prior to occupancy of the family apartment, an occupancy permit shall be obtained from the Building Commissioner. n) No such occupancy permit shall be issued until the Building Commissioner has made a final inspection of the proposed family apartment. o) Within sixty (60) days from the date authorized family members vacate the family apartment, the owner or his or her agent shall remove any kitchen facilities in such unit and notify the Building Commissioner to inspect the premises. p) In addition: to, the- _prov ions�.ofSec'ti'on3 -- (D)',(o) b ve �». � upon.,vacatio�oaf �any�---family apartment; -the premises hall; be`=restored�.as,,�near1y otE.as;;possiblj-to their;..-sta_te,prior 'to the` creation -of such'"fami"�1y apart q) The Building Commissioner shall have the right to further inspect the premises upon which a family apartment has been vacated at least three (3) times per year for three (3) years consecutive from the time of such vacation. E) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use. . . �' The Town of Barnstable NAM .� Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 1, 1997 Albert& Sara C. Benson 170 Woodside Road W. Barnstable, MA 02668 Re: 170 Woodside Road, W. Barnstable Dear Homeowners: We regret to inform you that if we do not have either a building permit application to convert the above address back into a single-family home or an application to apply for a variance within 14 days of receipt of this letter, we will be forced to file criminal charges against you. I'm sorry it has come to this; however, you have not followed through with your promises. Sincerely, Ralph rossen Building Commissioner RMC/lbn c: Michael Stusse, Attorney 25 Mid Tech Drive, Suite C W. Yarmouth,MA 02673 0 e a g970701a ARDPTO S*ENEY STUSSE, ROBERTSON RUPUY, P.C. ATTORNEYS AT LAW MATTACHEESE PROFESSIONAL BUILDING 25 MID-TECH DRIVE,SUITE C WEST YARMOUTH,MASSACHUSETTS 02673 EDWARD J.SWEENEY,JR. TELEPHONE (508) 775-3433 RICHARD P.MORSE,JR. MICHAEL B.STUSSE FAX (508) 7904778 RICHARD A.DALTON DONNA M.ROBERTSON RUTH A.McLAUGHUN MATTHEW J.DUPUY CHARLES J.ARDITO, III CHARLES M.SABATT CHARLES J.ARDITO,P.C. PLEASE REFER TO December 10, 1996 FILE NUMBER G 3995 Z Gloria M. Urenas Town of Barnstable Building Department 367 Main Street Hyannis, MA 02601 RE: 170 Woodside Road, West Barnstable Map/parcel 127/009-W00 Sara Benson Dear Gloria: Please be advised that I met with Mr. and Mrs. Benson relative to your letter to them under date of December 3, 1996. At the meeting I reviewed with them the provisions of the zoning bylaw and their options. Based upon that meeting they have decided to remove the cooking facilities from the room above the garage. The Bensons are leaving for an extended trip due to health reasons and the house will be solely occupied by Russell Marena for the foreseeable future. Should you desire to inspect the premises to view the room above the garage please let me know and I will call Mr. Marena to set an appointment. With appreciation for your courtesy in this matter, I am, Very truly , ours, Yj MICHAEL B ., S SSE MBS\cs cc: Russell Marena • Al and Sara Benson c/o General Delivery Plymouth, Montserat West Indies oFIME . rphe .Town of Barnstable • aniwsrnsi.E. • ,' ,m�' Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner December 3, 1996 Sara Cozeault Benson 170 Woodside Road West Barnstable,MA 02668 Re: 170 Woodside Road,West Barnstable,MA Map/parcel 127/009.W00 Dear Ms Benson: Section 3-1.1(3)(D(p)of the Town of Barnstable Zoning Ordinances states" . . . upon vacation of any family apartment,the premises shall be restored as nearly as possible to their state prior to the creation of such family apartment." We regret to inform you that since your family apartment is not being used appropriately,as originally permitted,you must restore the dwelling to a single family home immediately. Please contact me as soon as possible so that we may assist you. Very truly yours, Gloria M.Urenas Zoning Enforcement Officer r GMU/km CLr CERTIFIED MAIL P 339 592 257 R.R.R. Q961203A 4,231 a .:;.;:.;:.;:.;:;.;:<;.;;:.::.»>;:.;:.;:.;:.;:;.;;::.;:.;:.;::.;:;:.:;.�. ' ; 127-009 LORIA & .PT LBERT BENSON � .... �DSIDE>::>::>: � WE... ...�_ �.. oo s RD�> y ................... ...... ................................................................. . :€€:> a< ST BARNSTABLE 040i)» :::::< -:.>.>::.:NEIGHBOR ................................. ............... .... ::.. '. ILLE:: AL APT. y <:<> WILL GO ON SITE--AFTER RESEAR H. !Z s� Z =r- stiiii:�ii$iiii?i±ii'ii'i'ii:<:::`.:�iiiiiii'•is�iiiii::{jj;::;i:jjji:;i'::i ::;:{ :•i:•isv::w:::ii::::::::iii:•}ii:vv......:::::::::::.:........x::::::::::. .............:..::. ••••••••••- ;::};y{};:iyi ii:,vv%:?j4:i iii:}::�:::�i:•:�:($:::?�Li}}:4:iLLiii4:`vi:4 :•::::.::.:::. :..::..:::::::::::::::::::•::.::.:.:::::n:::::.�:nvvvv:::::::::vvi:::::v:•.::::::•.:}:w::n:::::::.:. ntv:::;;:Y•;:;;:}:::i:::{:`isii}}iii::iiS::i:::j:i:j}j$jiy;; :<8:•i:•::J:i}i:6:•iii}i}iii fi'rii::i::i::}:i:{tiit{;,iiiiiiiY�i: :::::::is:i:i::::i:i:::i.::;.>::i};,,. }.:;;i:?jb:}•,�3iiii:: i3:J:i�i'iiiii'rj$i'i'r'ri$i<i;::};:}iiiiiii:vv:., ti:::i:2�i:•iY:ti? Q T ( Fla �v� (Ad�...� 10�f. c'V4s[n S P -!i Srni 6e I PROPERTY ADDRESS uiSJRICT CODE SP-DISTS.1 DATE PRINTED CLASS I PCS I NBHD - "KEY NO. 0i70 WOODSIDE ROAD 0.3 RF 300 03CO 07/09/95 1011 00 82AC . 009.T00 6940C FEATURES DESCRIPTION ADJUSTMENT FACTORS TYUNIT ADJ'D. UNIT [SR:- 1— LAND/OTHERENSON. ALBERT L B SARA C ? MAP- Land By/Date Size Dimension LOC./VR.SPEC.CLASS ADJ. COND.- P PRICE PRICE ACRES/UNITS VALUE Description / CD. FFDe thlAcres i#L A,V D 1 31j,800 CARDS IN ACCOUNT L 10 18LDG.SIT . 1 X ' .81 =10 112 44999.9 50399.99 .63 31800 #BLDG(S)-CARD-1 1 91.300 01 OF 01 #PL WOODSIDE RD MARSTONS ML A BATHS 2.1 U X C= 100 9500.00 9500. 00 1 .00 9500 S 4DL LOT 9 FNCOME RKET 9860C N #RR 1876 01138 D SE A kPPRAISED VALUE D 123,100 ,D ARCEL SUMMARY ,A U AND 31800 T S LDGS 9130C A T -IMPS M OTAL 12310C CNST F DEED REFERENCE DATE Recorded R I O R YEAR V A L U E T Book Page Ins. MO. Yr.D Soles Price AND 31800 A 7222I321 f:[ 7/90 A 1 LDGS 91300 T S 34521219: €0/82 N 60000 rOTAL 12310C U ' R STIiMATED-$3 E 1UILDING PERMIT Number Ds to Type Amount S LAND LAND-ADJ INCOME SE SP-SLDS FEATURES BLD-ADJS UNITS 31800 9500 B29360 5/ 36 AD 22000 Class Co,'s Total Base Rate Adj.Rate r B It Age Norm. Cbsv. CND La %R.G Repl Cost New Adl Repl Value Stories Height Rooms etl Rma Baths s fix. Partywsll Fac. Units Units A f Depr. Cond. 01C 000 100 100 57. 50 .57.50 72 72 22 77 100 77 118534 91300 1 .5 9 4 2.1 9.0 Description Rate Square Feet Repl.Cost MKT. INDEX: 11.00 IMP. BY/DATE: / SCALE: 1/0 0.5 6 ELEMENTS CODE! CONSTRUCTION DETAIL eAS 100 57.50 936 53320 GROSS A RE A SINGLE FAMILY ONtLLip:uu ' S FOP 35 20.13 432 8696 *-10-* 3TYLE 04; APE COD 0.0 T FMP 55, 5.50 120 660 1 FMP 12 J E3TGN AVJ'IT- -90; IT- 0 R FOP 35 20.13 168 3382 ! ! ! ! XT-ER:-WA11S-- -Ot iZFUD-F-WKME-------M.0 U FSF 90 51 .75 3$4 1 9872 *-1 * ! EATIAC- YPE- U3kL� C�OTR- ---------U-.0. 0- 36--------*--12-* T C 815' 42 24.15 9.36 22604 ! 815 ! FOP 24 24 1 NTc R FINISH- -00 ------------------U.O T ! 14 14 1 hT- R:LAY{3UT- -Jt ------------------M-O U ! ! ! ! NTFfT-QU- - TY- J2 AMf-A�_E7�T �--M-0 R 26 BASE 26 ! FSf ! LOTR-TT' - -GO ------------------D.tJ A W ! *--12-*---16- -* f L371Z-COVER-- -JOI ------------------U.O L D Total Areas Aux 720 Base - 1320 ! ! 00f- TYP-E----- -JrO ------------------1 ;0 ! !. LE—C rRI-C-A1 --- -GC ---------------- V T7.�0 T B W FOP S E N W 6 .. ! ! OU1��AT�IUAt--- -GO -----------------99-.-9 A SAS N 2b F1�IP N 12 E 10 S 12 W 10 .. *---------3 6-------X - -------------- --- ---------------------- SAS E36 FOP E12 S14 FSF E16 N24 ! ! -----NEis"oRH D SZAC-VEST-B-A�NSTAB L W16 S24 , FOP W12 N14 .. SAS 12 12 LAND TOTAL MARKET S26 815 N26 W36 S26 E36 .. ! FOP ! PARCEL 31800 123100 *---------36- --,--* AREA 19293 VARIANCE +0 +538 STANDARD 25 [ ] [R127 00-9 .W00 ] LOC] 0170 WINGFOOT DRIVE CTY] 03 TDS] 500 WB KEY] 69419 ----MAILING ADDRESS------- PCA11321 PCS100 YR100 PARENT] 0 BENSON, ALBERT L & SARA C MAP] AREA182AC JV] MTG19210 170 WOODSIDE RD SP1] SP21 SP31 UT11 UT21 . 18 SQ FT] W BARNSTABLE MA 02668 AYB] EYB] OBS] CONST] 0000 LAND 9100 IMP OTHER ----LEGAL DESCRIPTION---- TRUE MKT 9100 REA CLASSIFIED #LAND 1 9, 100 ASD LND 9100 ASD IMP ASD OTH #DL LOT 9 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL WOODSIDE RD WB TAX EXEMPT #RR 1861 0025 RESIDENT'L 9100 9100 9100 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE] 07/90 PRICE] 1 ORB] 7222/321 AFD] V TE A LAST ACTIVITY] 11/09/90 PCR] Y R127 009 .W00 •P P R A I S A L D A T A• KEY 69419 BENSON, ALBERT L & SARA C LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RF 9, 100 A-COST 9, 100 B-MKT 5, 500 BY 00/ BY /00 C-INCOME PCA=1321 PCS=00 SIZE= JUST-VAL 9, 100 LEV=500 CONST-C 0 ----COMPARISON TO CONTROL AREA 82AC ----------------------------- NEIGHBORHOOD 82AC WEST BARNSTABLE PARCEL CONTROL AREA TREND STANDARD 131 10 LAND-TYPE 91001 LAND-MEAN +0% 91001 96467 IMPROVED-MEAN +0% 250-. ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 1100011 LOCATION-ADJ APPLY-VAL-STAT 1 LNR] LAND LFT/IMP] ADDS/SB/FEAT STR] STRUCTURE ARR]AREA-MEASUREMENTS NOR] NOTES COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION- [ ] STRUCTURE-CARD NO- [0 0 0] DATA- [ ] XMT [?] R127 009 .W00 P E R M I T [PMT] ACTIOR] CARD [000] KEY 69419 000000001 - PERMIT-NO MO YR TYPE VALUE CK-BY MO YR .CMP NEW/DEMO COMMENT RD IN REGiS j RY Gr DEE.DS 60NZ)U;;;bf:,GE UJ1 co'`PLI NCE �AIITy SEC. 11 of TOWN OF BARNSTABLE O��N cLEI't, CHAPTER 40., M.G.I. �NSTRBL�. i��1AS�. Zoning Board of Appeals 86 MAR 11 AK 8 52 Sara Cazeault Skinner ..... Deed duly recorded in the _......................._._............. Property O-wner County ReCl gistry of Deeds in Book ...................._...... ...........Same........ ........................ Page .....Fegistry Petitioner District of the Land Court Certificate. No. ._................. ....._................. Book ........................ Page Appeal No. ........19E8.6-19 _......_._...___- ......... 19 FACTS and DECISION Petitioner ....... Sara C.azeault Skinner-.....---__.- filed petition on ..........._................................. 19 requesting a variance-permit for premises at _ ___ __ _ in :he village. (Street) of _NVi .5.tQn5 Mi.�.�5��_...$=51.abl4djoining premises of _ _...... (see attached list) .................................... 009.T00 Locus under consideration: Barnstable lssessor's Map no. _.._.?2.7................................. iot :o. _....gQ°.ttiTnn Petition for Special Permit: X Application for Variance: ❑ made under Sec. ...................................._........._................ of the Town of Barnstable ............ after 4,A., .:. ,sC. GOD. Zoning v- aws an See. ....................................................................................................... (.h Tr. _. T.n. Lanw for the purpose of to allow _an attched garage .............................. Locus is presently zoned ................................__._._........................................I. ................................................................ .Notice of this hearhir, was given by mail, postage prepaid, to all persons deemed affected and by publishing inBstable Patriot newspaper published in 'Town of Barnstable a copy of which is attached to the record or these proceedings filed with 'Town i ierk. A public hearing by the Board of Appeals of the Town of Barnstable was ]field at the Torn Office Building, Hyannis, :)lass., at -„8:00 P.M. March.6,...................� w - l� 86, upon said petition under zoning by-laws. Present at the hearing were the following members: _...._....Richs�xc�...] ..._B.Qy..__._ .. Qzt�1s�....JsCZSSOzy_..... _ Gaya....Nilangale.................... Vice- Chairman Dexter Vliss Helen Wirtanen t the conclusion Of the hea"In BOOK,5026m-E 0.32 locus was made by the Board. g, the Board took said petition under ad,,,seraent- A Apppai 986-19 view of ............................ ............... On __....March Page of 19 86 The Board Of Appeals found Ms. sJ:- Und inner presented her petit , at 17C W, Side-S" desires '-on fora special Permit to Construct the a arbll.,t for a farnj]-y apartrrient garage which is attached -Ltrpstons Mills in an RF' zoning district. The Road 7 Mc 0 the ma-for her The pp Petitioner does the son and daughter_ . _tit OY-lawq. - -1ZI--LaW - ione. 1. The fc-cri, In residence Of 29, J-n a 17, .1 Ly apartment j a I-riot conform to Of the 37F by a breezeway re -1rements Of Section she -0 grant the relief n consist qu* Of 704 e Board the scluare feet e or, is ix) conp"ance with the b - RV' Of th • The sought by at voted by-laws Petitioner - in view of Janssonz 11-odside Dr Ma I ws - the motion was the fa ma Astons to grant a Specialseconded by Gail fact tha Perm,t t 0 and Subject to the Nightie ons ols - to be Per the P.1an allow a -F-m-C Provisions the state buij presented~ ilY apar _ding pr Ited with trner code. the filin Count 4 assac, .rendere fl'sett-s, hereby Clerk d Its decision in tlIe above 1"y that of file, entY (20) days have elapsed since the .8 in the Office Of the Town d-.Peti Of Barnstable BIrnstable oar6 o, 0 Petition and that no aPpeal Of saiddecision Appeals Signed has be en filed CD and Seal�d this penalties of Perjury. '7- Distribution <J':' ........ 19 under er th r e Pains and Owner "'ty k roJvZ Clerk ............................................................................... Persons interested >-)ar Of Appeals V Bu'ld'n'' Inspector n O\V 7'Owf Bar Public Information Boa"'? Of Appeals 13Y Chairman y �a 0 w t—O cf'i — ✓/riL,�.: 4—_^? CJ Lt. r♦ CC LO 66 CV > c.M u)cn ci- va uj iu .= m . a co" RECORD IN REGISTRY OF DEEDS �'��� CI IN COMPLIANCE WITH SEC. 11 of-Tf" OF BARNSTA��E ''T" �� '`a" CHAPTER 40A, M.G.I. Zoning Board of Appeals F MAR 11 AM 8 52 Sara Cazeault Skinner _ Deed duly recorded in the Pro erty Owner County Registry of Deeds in Book .__ _._.._r_._.... ......5 ....................._....._..........................__..._................ __ _ .. Page ...._................. ...................................................Re�',i ir Petitioner District of the Land Court Certificate No. ................................................. Book ........................ Page .................. Appeal No. __......._1986-19 ....................._............ 19 FACTS and DECISION Petitioner _.._....Sara Cazeault Skinner _ _ _ _ filed petition on .........................................._ 19 requesting a variance-permit for remises at _ 7. WQ§dgide Road q o P p ._. ,..w..................... ...........,,,.........._.....I in the village (Street) of ... .91=5... premises of _................ (see attached list) 009.T00 Locus under consideration: Barnstable Assessor's `ian no. .........'U%.................................... lot no. . ...f?�'�•j'10J Petition for Special Permit. Application for Variance: ❑ made under See. ._............................................................. of the Town of Barnstable• Zoning by-laws and Sec. ................_...__...._.........._....__..._.............................................................. C'hapter 40A., :Mass. Gen. Laws for the purpose of .__to, allow a family__apartmept.... n an attched garage............................................... ........_..................._ . _ ............ .......... Locusis presently zoned in.......__...___.RF_ _..._............................__...._..........................................................._............................................ Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing. inBarnstable Patriot newspaper published in Town of .Barnstable a copy -of which is attached to the record or these proceedings iiied with 'i'Uwn uieri. A public hearing by the Board of Appeals of the Town of Barnstable wa; held at the Town Office Building, Hyannis, Mass., at _8:00 .larch 6, ___ _WW 86 upon said petition under zoning by-laws. Present at the hearing were the following members: Rich G.ail....N�,ghi:.ingd..e.....__....._....... i ...........................��.L:d.._L,.....,�Qy_..._.._..._....... ..._..�3t?t1c�.,�.;�....+��S.SOIl.......__...._..._.... Vice— Chairman Dexter Vliss Helen Wirtanen At the conclusion c.f thlearing, the Board took said petition no advisement. A view of the locus was made by the Board. Appeal No. — -1986-19 Page of On March 6.�_....__-.._..__......._. 86 ._._._._.._.. ..........._........................_._.... 19 ......._..._..... Tile Board of Appeals found Ms.. Skinner presented her petition for a Special Permit for a family apartment at 170 Woodside Road, Marstons Mills in an RF zoning district. The petitioner desires to construct the apartment for her son and daughter-in-law in a 17' x 27' garage which is attached to the main residence of 2.9' x 37' by a breezeway. The petitioner does conform to all of the requirements of Section V, of the zoning by-laws. The family apartment will consist of 704 square feet. Ron Jansson made a motion to grant the relief sought by the petitioner - in view of the fact that she is in compliance with the by-laws - the motion was seconded by Gail Nightingale. The Board voted unanimously to grant a Special Permit to allow a family apartment at 1T Woodside Dr. , Marstons Mills - to be per the Plan presented with the filing and subject to the provisions of the state building code. I, ...qu" F _ 1LU AL _.._. SS T. Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have eiapsed since the Board oi Appeais rendered its decision in the abot e entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this ..:�.5.'.:_...... dai- of .......................�.......................................... 19 d_�6. ... under the pains and _ .. penalties of perjury. Distribution:— Property Owner Town Clerk. . l',,)ard of appeals Applicant 'Town of Barnstable Persons interested Building Inspector { � 'Public Information 13y ......_._....__....� _.J.... . Board of Appeals Chairman r � APPEAL N001 MAKi. 16)p. TOWN OF BARNSTABLE PETITION FOR �ewt-UNDER THE ZONING BYLAWK rn�= r� y -n To the Board of Appeals, Town Hall, Hyannis, MA 02601 Date -70 JA 19 The undersigned petitions the Board of Appeals to vary,in the manner and for the reasons hereinafter set forth,the application of the provisions of the zoning bylaw to the following described premises. Applicant: -51-32ig E q"C r` sk //V iy (Hull Name) p (Telephone Number) Address: Z 70 /.�J/�O�S/.t�c- /� /,V d!!DD 44 e .j Owner: (Full Name) (Telephone_Number) Address: Prior Owner of record M Ss Tenant(if any): (Full Name) (Telephone Number) If Applicant other than Owner,of.property- state nature of Interest 1. Assessors map and lot number 670.9 , 6(JO0 / /off 7 00f. 7-00 ,A /"� �� Gv 2. Location of Premises �� LC O )O �s D C� � �. /ems• Village /I�A.E'S.�.vs � .� V�, (Name of Street) (What section of Town) 3. Dimensions of lot �� 3.5-9 9 9 4, (Frontage) (Depth) y� (Square Feet) Zoning district in which premises are located 5. How long has owner had title to the above premises? 6. How many buildings are now on the /lot? o? 7. Give size of existing buildings N D NS C- o� 9 'e 3 �A�'/16 /7 K a c Proposed buildings , / .. 8. State present use of premises k"�K g ns �m e- 9. State proposed use of premises AP�,e 10. Give extent of proposed construction or alterations: A? .moo✓, -zr G-AC e9L 6 cT Fd/L A60Y-a- 11. Number of living units for which building is to be arranged 12. Have you submitted plans for above to the Building Inspector? 13. Has he refused a permit? E S 14. What section of zoning bylaw do you ask to be varied? - FAirn . 0,. Apa,-: ,csv-Ts 15. State reasons for variance or special permit: JJ 0 O 'r AC,7 1*,or CEOs.' B F G./t/'//V l C/ i.4;2..—F1S 14✓i4.L�.s C� �o c�L-L;� 1l.s- rQ c vat (over) r _ Ki `_- Assessor's office,(1st floor)- �. R' Assessor's map and ;lot number ...fa ,�... . ..� . �..Q® SEPT'C SYSTE� 4� Board of Health '(3rd floor): p .���•• f 'Ct� N�T�d•W� i T YO ��p, o Sewage Permit number ..................:........ ..:..... 1^ �����T��. Engineering Department (3rd floor): L ��vIR . �� a •� House number .. . /?� •� O Tti�J -TOWN ��G��.A o o63Y�� r.s................. c S MP APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M.•only - ' TOWN OF 4ARNSTABLE • BUILDING =IINS'PECTOR APPLICATION FOR PERMIT TO ....Convert...................... to apartment ��O�l TYPE OF CONSTRUCTION ......... Wood...k'rate.Q.............................................................................................. May...13'--.1986-•----. .....19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ........17Q...W.OQdaide...$.Rr�d..r....i°,rcc���•��8:��3 e. �a� r............ .:......... ... ............................... r• ProposedUse ...Family....apartment................................................................................................................................ Zoning District ...RF...............................................................Fire District .Ce.nt:mO.st.-...Mars.torls...Mi.Ils.............. Name of Owner .$a.T'�?h..Skinz�.er...................................Address .17O..U�oods •de••Rgad.,•,•W, .Bar'11s•tabe Name of Builder ,.The Barclay Corp. ..Address 131 Old Post Road Centerville ................................. .s.................................... Name of Architect ...Z'h:e...BarclaY....�.o.rp�...................Address ......$SaMe...................................... .............................. Number of Rooms .....P?.Y'e...e................................................Foundation ...P.O..U e.d...C.Qneratia................................... .. Exterior ..C.lapbo.ard..&..Woo.d...S•hi.n.9..,e...................Roofing ...kaphalt...Shingle.s...................................... Floors ..fall..to. ........... ...V.jnYl...UnQ...................Interior ....Drywall............................................................................................... Heating Hot...Water..Ba.s4'k?.4? x'G3................................Plumbing....... ............................................... Fireplace .....NOrie...................................................................Approximate Cost ...... Definitive Plan Approved by Planning Board --------------------------------19------- • Area ... ..Q./AG .....! Diagram of Lot and Building with Dimensions Fee `....119e............................. SUBJECT TO APPROVAL OF BOARD OF HEALTH 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 .. ...`-:... .Gl '...................... Construction Supervisor's License ....Q.Q9.6.4`Q................. SKINNER, SARAH A=127-9—T00 ` M 6.0 = Permit for Remodel ara e to -Nos................. ...................g.......g...... ................................... Location .1.70—Woodside..Road.................:.. F Owner .........Sarah..Skinner.................... ................ ...... L tl ' Type of Construction frame................ ........y......5................1 ...............;........ ............... i7 ` • _ Plot ..'......................... Lot ................................ { i Ma -19 1986 ' Permit Granted e ; . yr Date of Inspection ...............................:.....19 Date Completed .............. ...........19ID - b ty � y