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0438 CRAIGVILLE BEACH ROAD - Amnesty
e 4f i Ir , i i 1 F , f - t t ''� Unique studio, CRAIGVIea private entranced r turn'�sh 5251m t td beach. $ t c+secunty. 500 1,12710-7 i �-- d.e l� 1 Y�'r ... -�.I/I'b i' W '��. 0 ��� �G �� i�lp i us CRAI LLE:cloW , f it if ur 251mo et W4L + secu�►,50�, �.� n G �04S ' CL� 1 Y I Mu x., a ��'�•wow s`v � �'�a �:,w �"""� '}"; ° `� �,� ",�, 'ye�� 4r,,. t iY' 77 i Roof Mounted Solar A.L T&&>A?,t7-1 V E F-11 riT12�G r 774.202.6666 ' ' i March 31, 2015 • ' I�G� i 11�- Q ' A 01 �O The Commonwealth of Massachusetts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to CENTERVILLE LLC Certif - y that I have inspected the remises known as: P p 438 CRAIGVILLE BEACH ROAD MULTI FAMILY located at 438 CRAIGVILLE BEACH ROAD in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R-2 The means of egress are Buff cient for the following number of persons: Location Capacity Location Capacity 5 UNITS 2 TWO-BEDROOM 3 STUDIOS(AMNESTY) Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 201408782 1/26/2015 1/26/2020 4 076 The building official shall be notified within(10) days of any changes in the above information. Building Official PERMIT PAYMENT RECEIPT TOWN OF BARNSTABLE BUILDING DEPARTMENT 200 MAIN STREET HYANNIS, MA 02601 DATE: 12/16/14 TIME: 08:41 *F F--=------------------TOTALS---------i� PERMIT $ PAID 95.00 AMT TENDERED: 95.00 AMT APPLIED: 95.00 CHANGE: .00 APPLICATION NUMBER: 201408782 PAYMENT METH: CHECK PAYMENT REF: 6724 COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY FIVE-YEAR CERTIFICATE v Date �a �'( ) �/ (X) Fee Required $qj ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5, I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: (� ` 1 Street and Number: l� ?j 3 CLCZA'tC 0) 1)e_ KC1 h1( A0..:n n VS Name of Premises: Purpose for which premises is used: MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL 5 STUDIO 1 BEDROOM 2 BEDROOM 3 BEDROOM OTHER \ Certificate to be Issued to: �QnTy� lICP - — Address: 1p 5 hp u)4bIo n KC' OjU Vc+ Telephone: sot 4 -),a ct5)16 CD Name and Telephone Number of Local Manager, if any: �� = Owner of Record of Building: t r+ Lz Address: Name of Present Holder of Certificate: ' k n r: SIGNATUR OF PERSON TO W10M CER IFICATE IS ISSUED OR AUTHORIZED AGENT ar9j Re 1O PLEASE MINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS, MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. 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I I I .This certificate indicates acceptable mini, . � -,.!: - - µmum habitable re uirements`-per,:. , ssachu`s`I'p q p etts State Buildrng CoI -:: �- � �� �., :1. ,, ,de and Town of Barnstable zoning ordinances in accordance with the Amnesty program . Owner Strawberry Limited Partnership Ie x Location , 438.Craigville Brach Road;'Hyann , MA y ,> "' Unit 'a acit Unit 2 .'Studio; w p y not''to exceed one person � ,,O r Unit 3 Studios not to exceed.one person 4 Stu o. not`to exceed one person. Inspectorr. . 12/16/2009 _ _.,,_._ _ ,. _.... _.. ._.., �,.,... _,,.w.,., ., , .,_� . ....u..*,_,. �Mn' No 246076 -h-x..,.a;,':?" u,r as.,u�.. i)iK,u. a.atr .,..;.a -,:_„F,,,r!a v4-.,Vu, The CommonWeattb of 41a.55arbu,5ettq TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to CENTERVILLE LLC QLertifp that I have inspected the premises known as: 438 CRAIGVILLE BEACH ROAD MULTI FAMILY located at 438, CRAIGVILLE BEACH ROAD in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R-2 The means of egress are suff cient for the following number of persons: Location Capacity Location Capacity 5 UNITS 2 TWO-BEDROOM 3 STUDIOS(AMNESTY) Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 201000318 1/26/2010 1/26/2015 246 076 The building official shall be noted within (10)days of any changes in the above information. Building Official r00 ER PERMIT PAYMENT RECEIPT TOWN OF BARNSTABLE BUILDING DEPARTMENT 200 MAIN STREET HYANNIS, MA 02601 DATE: 01/26/10 � TIME: l 1,:24 -----------------TOTALS----------------- PERMIT $ PAID 95.00 AMT TENDERED: 95.00 CHANGEPLIED: 95.00 APPLICATION NUMBER: 201000318 PAYMENT METH: CHECK PAYMENT REF: 4250 i - COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY FIVE-YEAR CERTIFICATE Date � - / �- / D (X) Fee.Required$ .r. � (57 ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 3 �° ►'QLQ 0] �/P 6aace h L 0-42 n- 1 S Name of Premises: Purpose for which premises is used: MULTI-FAMILY RESIDENTIAL TYPE OF-UNITS NUMBER OF UNITS - TOTAL �_ STUDIO 3 -' 1 BEDROOM 2 BEDROOM o� _ 3 BEDROOM - OTHER r ' Certificate to be Issued to: C nTu: z_L_E L1_G Address: (o 145 n Eu-)-1 nLon a�,n`T7 LT Telephone: ".j U - -7 Owner of Record of Building: ( .lam) L-I M 1 i20l Pn c-► o-K h t 90 Address: 1 (ag-5 r ek,) �O uD n 1 G (ID TO l T YnA 0")_49,3.0 Name of Present Holder of Certificate: L t Yr-) t t-z d Pu_ a-n e �-i' 1 e to Name of Agent, if any: SIGNATURE OF PERSON ERTIFICATE IS IS D R AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# Z o/Od-? 3/ g EXPIRATION DATE: coiappmf �t r Town of Barnstable Regulatory Services RMW9 MASS. Thomas F. Geiler, Director �p i639• ♦� rEDMA'�A 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 January 13, 2010 Strawberry Limited Partnership 1645 Santuit Newtown Road Cotuit, MA 02635 Re: Amnesty Apartments Enclosed are the Certificates of Occupancy for the Amnesty apartments at 438 Craigville Beach Road, Hyannis. We have prepared the Amnesty Certificate of Compliance and forwarded it to the Amnesty Program Coordinator. Also enclosed is an application to be returned to us with a fee of$95 for the five-year Certificate of Inspection. If you have any questions, please call me at 508-862-4039. Sincerely, Lois Barry Division Assistant Enclosure amnco Town of Barnstable Regulatory Services * anaaaSMBLe, MASS. $ Thomas F. Geiler, Director E163„9 �� 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 January 6, 2010 Strawberry Limited Partnership 1645 Santuit Newtown Road Cotuit, MA 02635 Re: 438 Craigville Beach Road, Hyannis Map 246 Parcel 076 Certificate of Inspection Multi-family(5-year Certificate) Attached you will find an application for a Cerfificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Sixth Edition. Please complete the application and return to this office with the required fee: 438 Craigville Beach Road 5 Units - $95.00 The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5 of the State Code. , Sincerely, C Thomas.Perry Building Commissioner Enclosure jcoiletmf PERMIT PAYMENT RECEIPT TOWN OF B A R N S T A B L E BUILDING DEPARTMENT r 200 MAIN STREET }t HYANNIS , MA 02601 ,1 DATE: 04/09/09 TIME: 16: 09 -----------------TOTALS------------- PERMIT $ PAI0 50 . 00 ANT TENDERED : 50 . 00 ANT APPLIED: 50 . 00 CHANGE: .00 APPLICATION NUMBER : 200901494 PAYMENT METH: CHECK PAYMENT REF: 437 -; TOWN OF BARNSTABLE BUILDING PERMIT.APPLICATION,.- C. Map Parcel ,6 Application # Health Division Date Issued Conservation Division Application Fee Planning-Dept: Perrtmit Fee Date Definitive Plan Approved byPlanning Board a Historic = OKH _ Preservation/ Hyannis Project Street Addres Village Owner )� l �� �--, �rTnessA cress �� ,1 Uv Telephones Permit Request ( �'c'�. �' � �- /,7� 7 Square feet: 1 st floor: existing3,?o proposed .2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family :p Two Family ❑ Multi-Family (# units) 57 Age of Existing Structure Historic House: ❑Yes/AriVo On Old King's Highway: ❑Yes 'Oddo Basement Type: XTull ❑ 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: f r�d� existing —new ct k Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: )Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes )T-No Fireplaces: Existing New Existing wood/goal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size—Pool: ❑existing ❑ new size _ Barn: ❑ixisting,51D new- size_ Attached garage: ❑ existing ❑ new size —Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal #k D°&b-03 r Recorded ta__�z � Commercial ❑Yes dI56- If yes, site plan review# r- Current Use e 07-Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Narrg� raye�re 147-Telephone Number Address License# 7- Home Improvement Contractor#1 C;C!,7 Y p Worker's Compensation #L✓ 7 S7 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO,����/ �I SIGNATURE r DATE l d v FOR OFFICIAL USE ONLY I .'4 APPLICATION# DATE ISSUED MAP/PARCEL N0. ' ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION Y FRAME ' INSULATION FIREPLACE 4 ELECTRICAL: ROUGH FINAL ' I PLUMBING: ROUGH FINAL 'GAS: ROUGH FINAL _ FINAL BUILDING 1 DATE CLOSED OUT ASSOCIATION PLAN NO. °FYKer � Town of Barnstable Regulatory Services BARTMS'"BZ, Thomas F. Geiler, Director hu,ss. y`� i63g. Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 Www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property 0-wne.r Must Complete and Sign This Section tf Using A Builder a.s Owner of the subject property hereby authorize. r/ �� � - s act on my behalf, in all.matters relative to work authorized by this buil&ng permit application for: (Add ess of Job) Signature of x�ner Date Print Name If Property owner is applying for permit please complete the Homeowners License Exemption Form on the reverse 9ide. ✓ice Toom�rro�ut�al.�z a�./�aaaac�weeC� Board of Building Regulations and Standards License or registration valid for individul use only HOME'iMPROUE-NIENT CONTRACTOR before the-.ex dration date..affound.return:•tov Registrtjtj0t1.; 100740 Board of Building Regulations and Stnndards F�plrra- 23/2010 One Ashburton Place 12m 1301 1 71 Boston,Ma.02108 17ye:: pplement Card CAPIZZI HOME dARY GUSTAFS�ty �\ - - 1645 Newton Rd. Cotuit+ MA 02635 'Iy Administrator N7-Val- Massachusetts i itho t " nature - Dep artat unt t.)f Public S.al'etl -- --- — i U:arri�i!'13Eaiia4isar R ut.,taa�ta. and se.<at.atdarcds ConstrUCticn Suc)erviscr License License: CS 74640 Restricted io: 00 GARY GUSTAFSON 8 SHORT .WAY SANDWICH, MA 02563 � f F ,'.ttsf'-•', - i 1f11/29/2010 / rv5 I - The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations ' d 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): \zj, (�--�'Q����P& Address: Cc+A-_S City/State/Zip:OZ Q A'� ML(Q)S_ Phone.#: -�A&%'Q S`S Are you an employer?Check the appropriate box: Type of project(required):. LKI am a employer withall 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. ❑New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling shipand have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. employees and have workers' 9. Building addition [No workers' comp.insurance comp. insurance.$ g . required.] 5. ❑ We are a corporation and its' 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself. [No workers'comp, right of exemption per MGL 12.❑Roof repairs insurance required.]t c. 152, §1(4),and we have no .;..:employees. [No--workers' _:..1: Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub=contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site . information. (� Insurance Company Name_QMX(k((gyp Policy#or Self-ins. Lic.#:1 1 �oQ�1 (�� R Expiration Date: Job Site Address: City/State/Zip: %Q 036 Attach a copy of the workers' compensation policy declaration page(showing the policy number and expira ion date). Failure,to secure.coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day ainst the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the for ins nce coverage verification. I do hereby serti- der th ai s penalties-Ofperjur-y-that-the-ittfor-mation-pro.-w above-is-true-andco.r-r-ect Signature: Date: _ Phone#: ' Official use only. Do not write in this area,tb be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: rR D,M CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/-" 12/30/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ray Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 34 HOLDER:THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 01ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. is,MA 02660-1601 INSURERS AFFORDING COVERAGE NAICapizzi Home Improvement, Inc. INSURER A: NGM Insurance Company apizzi Enterprises,Inc. INSURER B: American Home Assurance 1645 Newtown Road INSURER C: Cotuit, MA 02635 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTW ;] ITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MM/DD DATE MMIDD LIMITS A GENERAL LIABILITY MPB1075H 06/08/08 06/08/09 EACH OCCURRENCE $1 OOO 000 X COMMERCIAL GENERAL LIABILITY DAMAGE EMII TORENTED n $5O OOO CLAIMS MADE �OCCUR MED EXP(Any one person) $5 000 PERSONAL&ADV INJURY $1 000 000 . GENERAL AGGREGATE $2 0OO 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PECd LOC PRODUCTS-COMP/OP AGG $2 000 OOO A AUTOMOBILE LIABILITY M1M28044 06/08/08 06/08/09 ANYAUTO COMBINED SINGLE LIMIT $500,000 (Ea accident) ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY $ (Per person) X HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY $ (Per accident) X Drive Other Car PROPERTYDAMAGE $ (Per accident) .GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESSIUMBRELLA LIABILITY CUB1076H 06/08/08 06/08/09 EACH OCCURRENCE $5 Ann OOO X OCCUR CLAIMS MADE AGGREGATE $5 000 000 DEDUCTIBLE X RETENTION $1 OOOO Li WORKERS COMPENSATION AND WC6957000 12/25/08 .12/25/09 X WC STATU- OTH- EMPLOYERS'LIABILITY T RYLIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? F.. describe under E.L.DISEASE-EA EMPLOYEE $500 000 IAL PROVISIONS below R E.L.DISEASE-POLICY LIMIT $500.000 N OF OPERATIONS/LOCATIONS/VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ry CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO7EXATOWn Of B3rnstabie DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1f)200 Main Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE Hyannis, MA 02601 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,IT REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 2 #S40650/M40647 KW © ACORD CORPORATION 1988 PERMIT PAYMENT RECEIPT TOWN OF B A R N S T A B L E BUILDING DEPARTMENT t 200 MAIN STREET HYANNIS , MA 02601 DATE: 04/09109 TIME: 16 : 07 -----------------TOTALS------------- PERMIT $ PAID 50 . 00 A M T TENDERED : 50 . 00 A M T APPLIED : 50 . 00 CHANGE: 00 APPLICATION NUMBER : 200901493 PAYMENT METH ; CHECK PAYMENT REF : 437 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION,, Map Parcel !G Application # Health Division Date Issued Conservation Division 'Application Fee Planning Dept: Permit Fee 5T Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation / Hyannis Project Street Address Village (1-zi LA 0' Owner s / �I�, Tev� Addre�A' (//\. �"�/4 Telephone Permit Request v —7 ']' v ?/ x Square feet: 1 st floor: existing��O proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family 0 Two Family ❑ Multi-Family(# units) Age of Existing Structure Historic House: ❑Yes �df On Old King's Highway: ❑Yes )kNo Basement Type: Full ❑ Crawl ❑Walkout ❑Other Basement Finished Area (sq.ft.) Basement Unfinished Area(sq.ft) 3,-?C lei Number of Baths: Full: existing_ new Half: existing new 0 Number of Bedrooms: / S Tvd existing _new x Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: "Gas ❑Oil ❑ Electric ❑ Other Central Air: ❑Yes )4'No . Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑existing q new size _Shed: ❑ existing ❑ new size _ Other: ; Zoning Board of Appeals Authorization ❑ Appeal # >7_"k Recorded ; Commercial ❑Yes 11I10 If yes, site plan review# ..., Current Use -Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name C /Z 07- Telephone Number >'�E_ Address ��/ S/C2° i��c�1/n >4��, / License # ��Ya rJ��s' 5� Home Improvement Contractor#�C7C>7 � Worker's Compensation # L/-C&S S-7®©o ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TQ,'�rM ZS SIGNATURE DATE �� O y FOR OFFICIAL USE ONLY APPLICATION# , DATE ISSUED MAP/PARCELNO. a ADDRESS VILLAGE s _ L OWNER i DATE OF INSPECTION: t _ FOUNDATION t - FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. z F A? T/. ion Board of Building Regulations and Standards . License or registration valid for individul use only ` 0.1 1HOMP IMPROVEMENTCON.TRACTOR" ";.before<the expiration•date %If:found return to. Registry tgri, 100740 Board of Building Regulations and Standards E� Jta ! [a�`8 23/2010 One Ashburton Place Rm 130i �fI=�` T �J Boston,Ma.02108 4 ----�Tj ;_��,Lh�plement Card CAPILLI HOME tARY GUSTAF y- e.,`. .— --� 1645 Newton Rd. `4a. F;ram j� Cotuit, MA 02635 Administrator No vali itho. nature 3� la_.s:attau.ectts- Dupar•trncrit 4 Public Sal'etl -- — —. Board of Buililin Regulatimis and Statadar(ls Construction Supervisor License License: CS 74640 Restricted io: 00 i GARY. GUSTAFSON 8 SHORT.WAY SANDWICH, MA 02563 ` 11/29/2010 7755 I �opYHerO�s Town of Barnstable y° Regulatory Services AA NSTABLE, Thomas F. Geiler, Director cuss. 16ta`b Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 Wfvw.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property 0"'Vner Must Complete and Sign This Section tf Using A Builder C 2s Owner of the subject property hereby autltotize.-- '� ( �`'�' �- act on my behalf, —--- — -- in all.matters relative to work authorized by this building p.erini.t application for: C r792- f-: -/ (Add�fess of Job) �j/• /� � �r/�'� Signature of net Date Print Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. The Commonwealth of Massachusetts Department of Industrial Accidents W Office of Investigations ' d 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): g-�X-Zz (I Address: City/State/Zip: L0 q_A_WA �� _ phone.#:- -"' & Q�o�S Are you an employer?Check the appropriate box: Type of project(require I- 1. I am a employer with am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. ❑New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. Remodeling ship and have no employees These sub-contractors have g. Fj Demolition working for me in any capacity. employees and have workers' [No workers' comp.insurance comp. insurance.$ 9. Building addition required.] 5. We are a corporation and its' 10.❑ Electrical repairs or additions 3.❑ I am a homeowner doingall work officers have exercised their 11.❑Plumbing-repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.] t c. 152, §1(4), and we have no -•._.-employees. [No workers'. .---.- 13 Other. comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name_\e1 * i C�1 Policy#or Self-ins. Lic.#:�U Expiration Date: og Job Site Address 013 ` oa ;<�}goo �, ty V 1Q a3� Ci /State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expira ion date). Failure,to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day ainst the violator. Be advised that a copy of this statement may be forwarded to the Office of Investi ations of the D for ins nce covera e verification. I-do-hereby serti- der-the ai s -f panalties-of-perjury-that-th"nf-or-mation-pr-ovide aboue is tr-ue and Corr-ect. Si ature: Date: Phone#: " Official use only. Do not write in this area,to be completed by city or town officiaL City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: . Phone#: CORDTM CERTIFICATE OF LIABILITY INSURANCE I2;30/08°' "`' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rogers &Gray Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 434 Route 134 HOLDER:THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. O. Box 1601 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. South Dennis, MA 02660-1601 INSURED INSURERS AFFORDING COVERAGE NAIC# - Capizzi Home Improvement, Inc. INSURER A: NGM Insurance Company Capizzi Enterprises,Inc. INSURER B: American Home Assurance 1645 Newtown Road INSURER C: Cotuit, MA 02635 INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. S LTR NSR - TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MM/DD DATE MM/DD LIMITS A GENERAL LIABILITY DATE 06/08/08 O6/O$IO9 EACH OCCURRENCE E X COMMERCIAL GENERAL LIABILITY 1 OOO OOO DAMAGE TOE5O OOO CLAIMS MADE �OCCUR MED EXP(Any one person) E5 000 PERSONAL&ADV INJURY E1 000 000 GENERAL AGGREGATE E2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-ECT LOC PRODUCTS-COMP/OP AGG E2 000 000 A AUTOMOBILE LIABILITY M1 M28044 06/08/08 06/08/09 ANYAUTO COMBINED )SINGLE LIMIT E500,000 ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY E (Per person) _ X HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY E X Drive Other Car (Per accident) PROPERTY DAMAGE E (Per accident) - GARAGE LIABILITY ANY AUTO AUTO ONLY-EA ACCIDENT E ` OTHER THAN EA ACC E AUTO ONLY: AGG E A EXCESS/UMBRELLA LIABILITY CUB1 O76H � O6/O8/O8 O6/O8/O9 EACH OCCURRENCE E5 OOO OOO X OCCUR E1 CLAIMS MADE AGGREGATE E5 000 000 DEDUCTIBLE E X RETENTION E 10000 E WORKERS COMPENSATION AND WC6957000 12/25/08 12/25/09 X WC STATU- OTH- EMPLOYERS'LIABILITY T RY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE OFF]CER/MEMBER EXCLUDED? E.L.EACH ACCIDENT ESOO,OOD .1yes,describeunder* E.L.DISEASE-EA EMPLOYEE E500,000 SPECIAL PROVISIONS below OTHER - E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS Carpentry CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Town Of Barnstable DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 200 Main Street �0_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Hyannis, MA 02601 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 2 #S40650IM40647 KW © ACORD CORPORATION,1988 PERMIT PAYMENT RECEIPT TOWN OF BARNSTABLE � B'UI,LDING DEPARTMENT � 200 MAIN STREET HYANNIS , MA 02601 DATE: 04/09/09 TIME: 16: 05 --------- ------TOTALS------------- PERMIT $ PAID 50 . 00 AMT TENDERED : 50 .00 AMT APPLIED: 50 . 00 CHANGE: . 00 APPLICATION NUMBER : 200901492 PAYMENT METH: CHECK PAYMENT REF: 437 .y TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION.;,. Map Parcel, Application # �U l U� oZ Health Division `Date Issued Conservation Division Application Fee Planning Dept: Permit Fee Date Definitive.Plan Approved by Planning Board S Historic - OKH Preservation / Hyannis Project Street Address /�� C �w 797 -% Village , V> w n Owner r� Address����/j'�-[ ✓d► � /�� Telephoned Permit Request A-7 r7- l v1 Square feet: 1 st floor: existing�G proposed 2nd floor: existing proposed Total new Zoning District �> Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size a Sr7 Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family 0 Two Family ❑ Multi-Family (# units) Age of Existing Structure y Historic House: ❑Yes kilo 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: 1 f existing —new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: )rGas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes &Iqo Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size Attached garage: ❑existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # 6 038 Recorded �� p -v Commercial 0 Yes 12t ISO If yes, site plan review# Current Useeirc�sf����� �+en T Proposed Use ui o: r APPLICANT INFORMATION CZ) (BUILDER OR HOMEOWNER) Telephone Number Address l�y��tO�rr.J�(��t � License # C�& Home Improvement Contractor#1 CGS �O Worker's Compensation # C6 9 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE FOR OFFICIAL USE ONLY - •APPLICATION# f DATE ISSUED MAP/PARCEL NO. s . s _ ADDRESS VILLAGE OWNER DATE OF INSPECTION: t r FOUNDATION FRAME INSULATION FIREPLACE I� ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING I DATE CLOSED OUT ASSOCIATION PLAN NO. t w R 71. Board of Building Regulations and Standards . License or registration valid for individul use only HOME IMPROVEMENTGONTRACTOR beforethe-expiration.date.Tfound return to, :,;, ReglstrA i.P�,O;, 100740 Board of Building Regulations and Standards A� 't17n=[z 23/2010 One Ashburton Place Rm I30# = rP Boston,Ma.02108 t 2 7 e=-_ p lement Card . ,= , � - 1� �CAPIZZI HOME, R> , tll�� tAf2Y GUSTAF yR 1645 Newton Rd. Cotuit, MA 02635 Administrator No vali itho nature li�aa.;.sctausr## - 3?i iiitr txrii rat 4 Public S.al'etti -- — — �, f3ta.:t-al ai#'(�niliiin�� tti;arl.rtit�n.an:l St�atad�u'rl� Construction Supervisor License License: CS 74640 s � Restricted to; 00 GARY. GUSTAFSON 8 SHORT WAY ' SANDWICH, MA 02563 uat.i;a,: 11/29/2610. 7755 'I �optHero� Town of Barnstable Regulatory Services RARNSr"gLE, Thomas F. Geiler, Director v Huss. Building Division g Tom Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 Www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner .Mrlst Complete and Sign This Section Zf Using A Builder C� /Zu _ T a.s Owner of the subject property hereby authorize act on my behalf, in all.matters relative to vgork authorized by this building permit application for: �(Addkss of Job) �j/• � r �rCF � Signature of Her — ----- -- Date - ----- Pint Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. l ,.. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations ' d 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): \ , (�41 -,►M� lit (wT� Address: , 1 City/State/Zip: Q �L 1�_ Phone.#: -'A& -Q�S\S Are you an employer?Check the appropriate box: le2N n Type of project(required)- 1.nk I am a employer with am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. ❑New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling shipand have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. employees and have workers' insurance.$ 9. ❑Building addition `[No workers' comp.i comp.P• required.] 5. ❑ We are a corporation and its' 10.❑ Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 1 Ln Plumbing repairs or additions myself. [No workers'co mp. right of exemption per MGL 12.❑ Roof repairs insurance required.]t c. 152, §1(4), and we have no r.._.-employees. [No workers' _- _. . 1 Other comp. insurance required.] ` *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name_Q �_ ( C� Policy#or Self-ins. Lic.#:, Expiration Date: Job Site Address �� ] 1�► �� City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expira ion date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a - fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day ainst the violator. Be advised that a copy of this statement may be forwarded to the Office of Investi ations of the D for insiAnce coverage verification. I-do-hereby c-er-ti-- der-the ai penalties-of perjury-that-the-infor-mation-pr.guide. abo-ve-is-true-and-cor-r-ect. Si ature: Date: Phone#: QS ' Official use only. Do not write in this area,tb be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#: it .ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDMY ) ',PRODUCE 12/30/08 LRoute y Insurance Agency THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 9 Y ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ,MA 02660-1601 INSURED INSURERS AFFORDING COVERAGE NAIC# Capizzi Home Improvement, Inc. INSURERA NGM Insurance Company Capizzi Enterprises,Inc. INSURER B: American Home Assurance 1645 Newtown Road INSURER C: COtuit, MA 02635 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH s POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MMlDD DATE MM/DD LIMITS A GENERAL LIABILITY MPB1075H 06/08/08 06/08/09 EACH OCCURRENCE $ X COMMERCIAL GENERAL LIABILITY 1 000 000 DAMAGE TO RENTED n $50 000 CLAIMS MADE �OCCUR EMI MED EXP(Any one person) $5 000 PERSONAL$ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY jE O- LOC PRODUCTS-COMP/OP AGG $2 OOO OOO A AUTOMOBILE LIABILITY M1M28044 06/08/08 06/08/09 ANYAUTO CO BIKED)SINGLE LIMIT(Ea $500,000 ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY $ X Drive Other Car (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY-EA ACCIDENT $ ' OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY CUB1076H 06/08/08 06/08I09 EACH OCCURRENCE $5 OOO DOO X OCCUR CLAIMS MADE AGGREGATE $5 000 000 DEDUCTIBLE $ X RETENTION $10000 $ WORKERS COMPENSATION AND WC6957000 12/25/08 12/25/09 X WC sTATu- orH- EMPLOYERS'LIABILITY TRY ?MIT ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $SOO,OOO OFFICER/MEMBER EXCLUDED? If yes,describe under E.L.DISEASE-EA EMPLOYEE $500,000 SPECIAL PROVISIONS below OTHER E.L.DISEASE-POLICY LIMIT $500,000 -------------------- DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Carpentry CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION L200 own of Barnstable DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL Main Street _l0_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL yannis, MA 02601 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR .. REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 2 #S40650IM40647 KW © ACORD CORPORATION 1988 l q Application number ........ ....... ....................... �tnE t Fee ....t./.�.1. ' .......... ............... nAM M 20i� Building Inspectors Initials.......... . .. .. ... ............... � 1s,¢ ���' APR O1 A T®1!`�!` �� AA 11�� nn1� �FDMO'� � �►U��!'1DL� Date Issued................. . .. ................................. Map/Parcel......... D TOWN OF BARNSTABLE EXPEDITED PERMIT APPLICATION: ROOF/SIDING/WINDO W S/DOORS/TENT,S/STOVES/WEATHERIZATION r PROPERTY INFORMATION Address of Project: C '?p y G LJ t l[-r- E> l;A C-L4 R p NUMBER STREET VILLAGE Owner's Name: 51-!Zjq� W 6-e►yI 1-F Phone Number y�01, C / ® (' -e 6y f-Pn. 4 1,14 '7-0 AJ C,41 .17 z2; G Email Address: C ;4 e. C,A e 4 C a n N r-r Cell Phone Number 6 Vs'(' D b i Project cost$ ,"<0 0 o o u Check one Residential Commercial OWNER'S AUTHORIZATION As owner of the above property I hereby authorize ::J-c)h,4 A ` 1`-e 13 d e y i% to make application for a building permit in accordance with 780 CMR Owner Signature: J'`7W,4w GR-'e Y - Date: O 3 1 3 l l L y /lto0f,4 J CA i aZ TYPE OF WORK Siding ❑ Windows (no header change) # ❑ Insulation/Weatherization ❑ Doors (no header change)# Commercial Doors require an inspector's review ❑ Roof(not applying more than 1 layer of shingles) Construction Debris will be going to A),eul j5 i;a r'o;f p IJJ,4 a J-e. y -1 UH p d rem 0✓ L)&fo Z11d1 CONTRACTOR'S INFORMATION Contractor's name ::J'ohV A L_ if 13 v z U � Home Improvement Contractors Registration(if applicable)# 1 -7 or- - (attach copy) Construction Supervisor's License# C, .5 C 1 6 1 l (attach copy) I co-:J'� Email of Contractor t.. ep-C U e j Phone number �6 9' a aid y 1 �� ALL PROPERTIES THAT HAVE STRUCTURES OVER 75 YEARS OLD OR IF THE SUBJECT PROPERTY IS IN A HISTORIC DISTRICT, YOU MUST OBTAIN HISTORIC APPROVAL BEFORE A PERMIT CAN BE ISSUED. APPLICATION NUMBER............................................................ *For Tents Only* Date Tent(s)will be erected Removed on number of tents total Does the tent have sides?Yes No (If yes please attach floor plan with exits marked) Dimensions of each Tent X X Additional tent dimensions can be attached a separa piece of paper. Purpose of Event Check one: this event is a: for profit non rofit event Check one: Food served Yes No Flame Spread Sheet of each tent must bf hed. Provide a site plan with the location(s) of each tent If food is being served at your event pletain a Health Department approval between the hours of 8:00am-9:30 am or 3:30 pm-4:30pm. Commercial events may require Fire Department approval. *WOOD/COAL/PELLET STOVES Manufacturer# Model/I.D. Fuel Type T ' g Lab Offsets from combustibles: front back left side right side HOMEOWNER'S LICENSE EXEMPTION Homeowner's Name: Telephone Number Cell or Work number I understand my responsibilities der t e rules and regulations for Licensed Construction Supervisor in accordance wit 80 CMR the Massachusetts State Building Code. I understand the construction inspection ced s, specific inspections and documentation required by 780 CMR and the Town of Ba nstab Signature Date APPLICANT'S SIGNATURE Signature Date 0 313111f All permit applications are subject to a building official's approval prior to issuance. The Commonwealth of Massachusetts Department of IndustrialAccidents 1 Congress Street,Suite 100 Boston,MA 02114-2017 Y www.massgov/dia Workers'Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers. . TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information Please Print Lef ibly Name(Business/Organization/Individual): —1'd Huff A L-f: f3 b ie— J Address: d City/State/Zip: C -Q)\J+e✓Lj /1.*- M14 Phone#: ® S Are you an employer?Check the appropriate box: Type of project(required): 1. am a employer with employees(full and/or part-time).* 7. ❑New construction 2. I am a sole proprietor or partnership and have no employees working for me in $. ff Remodeling any capacity.[No workers'comp.insurance required] 9. ❑Demolition 3.R I am a homeowner doing all work myself.[No workers'comp.insurance required]t ❑4.❑I am a homeowner and will be hiring contractors to conduct all work on my property. I will 10 Building addition ensure that all contractors either have workers'compensation insurance or are sole I L❑Electrical repairs or additions proprietors with no employees. 12.❑Plumbing repairs or additions 5.❑I am a general contractor and I have hired the sub-contractors listed op the attached sheet. 13.❑ p Roof repairs These sub-contractors have employees and have workers'comp.insurance.: . 6.❑We-are a corporation and its officers have exercised their right of exemption per MGL c. 14.❑Other 152,§1(4),and we have no employees.[No workers'comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. =Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information.°• Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: Y3 C/?4l�6 Ut 11�. &rfl C 1d .'f�i City/State/Zip: 14 11,4 Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under MGL c. 152,§25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator.A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. Ido hereby semi nder thepains andpenalties ofperjuty that the information provided above is true and correct Si ature: Date: d-3 '4` Phone#: Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other E Contact Person: Phone#: ®t Com1}�onwealth of Massachusetts � D)viSlon of Professional Licensure I' Board of-Building Regulations and Standards Cons l!rtt4ip§b0,rvisor CS-010161 ires:09/30/2022 s OHN A LES UF.,, r PO BOX 21 CENTERVILLE P4 026 _ ,��0 Commissioner ) offloe of mnsumerAffairs&Business Regulalion HOMEIMPROV 9MENT CONTRACTOR i T1 ,IndMdual WIration —- 11/25/2020 JOHW LEBO -� __ I JOHN A,LE BO,Er` 438 CRAIGVIU B , � ! HYANIVIS,MA 02601 Uffdersecre t. , Registration valid for Individual use only I before the expiration date. If found return to: ' ! Office of Consumer Affairs and Business Regulation• I 1000 Washington Street-Suite 710 Boston,MA 02118 Plat valld without slq ure i ; T ti 1 i • I Town of Barnstable Permit# ,9, l 7 - 7 /6 Expires 6 fnoutGs jronCissue date Regulatory Services Fee MWMABL6, MAM Richard V.Scali,Director Building Division 0PIMRMII� . Tom Perry,COO,Building Commissioner 200 Main Street,Hyannis,MA 02601 MAR 1`7 20`l www.town.barnstable.ma.us AN R ��a� Office: 508-862-4038 RAN :!U i EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY / Not Vnlid fvithout Red X-Press Imprint Map/parcel Number Pro rty Address Lif4l/illlle �,0j// ;F") % Residential Value of Work$ 3119,0,00 .Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address tO �V z Z! Se' 6 ye- V eu/ta uwA, /3ij Corvl�1 ql� Contractor's Name 1!5' �� �y�t•4�r/(�Gj Telephone Number �W W/��G'��� 1 607 y® Email: �itlTtt 1f�, �E/�stJ Home Improvement Contractor License#(if applicable) �- Construction Supervisor's License#(if applicable) L.5 G7'l 6 Ile) C��'fbL!I�o�r.4orkman's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ I jam the Homeowner have Worker's Compensation Insurance Insurance Company Name /"T M1111 A P �11CN1 1117A4il z Workman's Comp.Policy# R a. tv C Jr,? 12 00 Copy of Insurance Compliance Certificate must accompany each permit. Permit R st(check box) P 5�Im J f / ,�/L4eJ eq Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to Al e NJ ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) ❑ Re-side ❑.Replacement Windows/doors/sliders.U-Value (maximum.32)#of windows #of doors: ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. Separate Electrical&Fire Permits required. *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: .Property Owner must sign Property Owner Letter of.Permission. A copy of the Home Improvement Contractors License&Construction Supervisors License is equired. SIGNATU C:\Users\Decollik\AppDataTocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\'PIOIDHR\EXPRESS.doc Revised 040215 0 A i . Construction Supervisor Restricted to: Massachusetts Department of Public Safety Unrestricted-Buildings of any use group which contain Board of Building Regulations and Standards less than 35,000 cubic feet(991 cubic meters)of License: CS-074640 enclosed space. Construction Supervisor GARY GUSTAFSON 8 SHORT WAY SANDWICH MA 02563 :} Failure to possess a current edition of the Massachusetts State Building Code is cause for revocation of this license. DPS Licensing info WWWMASS.GOV/DPS /�J�`_`` Expiration: Commissio eh r 1112912018 i i .i /pr b rqunr Nrncit///r r�C'llriainr/lair/l! t a. e _ ff ce of Cowsumer Affairs&Easiness 1lt¢gniattom Pr_" , it'"'•_.-_•�OME IMPROVEMENT CONTRAMR J Registration' 1007 40 Type. Limse of regj&sdosn vatiid for Individud use only "'`^ Expiration: 6/2312015 Supplement Card be$eire*e eupkedon date. If found return to: 01liee of Consumer Affairs and Busiiiess Regni OR. f CAPIZZI HOME IMPROVEMENT,INC. g®ptntrlc Tilaza_sulft5A70 Boston,iA 02116 GARY GUSTAFSON i 1645 Newton Rd. ;'`'+:'•_�—ti""S'^ Cot uft,MA 02M Undersecretary Riot ut sigarattaaro The Commonwealth of Massachusetts Department of Industrial Accidents -- -— Office of Investigations _ 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): CAPIZZI HOME IMPROVEMENT INC Address: 1645 NEWTOWN ROAD City/State/Zip: COTUIT , MA 02635 Phone #: 508-428-9518 Are you an employer? Check the appropriate box: Type of project(required): 1. ✓ I am a employer with 40+ 4. I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. New construction 2. I am a sole proprietor or partner- listed on the attached sheet. 7. Remodeling ship and have no employees These sub-contractors have 8. Demolition working for me in any capacity. employees and have workers' 9. Building addition [No workers' comp. insurance comp. insurance.1 required.] 5. We are a corporation and its 10. Electrical repairs or additions 3. I am a homeowner doing all work officers have exercised their 11. Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12. ✓Roof repairs insurance required.] t c. 152, §1(4), and we have no employees. [No workers' 13. Other comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. *Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: AMGUARD INSURANCE COMPANY Policy#or Self-ins.Lic.#: R2WC527200 Expiration Date: 12/25/2017 Job Site Address: 7 L �- C/&/ yllle- 1545:�t<# t?// City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify and t to pains and penalties of perjury that the information provided above is true and correct. Si ature: Date: Phone#: 508-428-9518 Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6.Other Contact Person: Phone#: Information and Instructions ` Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as"an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the, receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25,C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s)name(s), address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships (LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE Revised 4-24-07 Fax# 617-727-7749 www.mass.gov/dia STATE OF MASSACHUSETTS LETTER OF AUTHORIZATION FOR A BUILDING PERMIT I Thomas Capizzi Jr of Strawberry-LP own the property located at 438 Craieville Beach Road in Centerville, MA I have authorized Capizzi Home Improvement and Gary Gustafson to act as my agent to apply and obtain a building permit in accordance with 780 CMR the Massachusetts State Building Code. SIGNATURE OF OWNER OWNER'S ADDRESS 1645 Newtown Road,Cotuit MA 02635 OWNER'S TELEPHONE 508-648-0269 Jean Bowden or 508-428-9518 Tom Capizzi Jr office APPLICANT'S ADDRESS 242 MEADOW STREET, CARVER, MA 02330 APPLICANT'S PHONE: 774-454-6278 Mass. Corporations, external master page Page 1 of 2 Corporations Division Business Entity Summary ID Number: L01750463 Request certificate New search Summary for: STRAWBERRY LIMITED PARTNERSHIP, THE The exact name of the Domestic Limited Partnership (LP): STRAWBERRY LIMITED PARTNERSHIP, THE Entity type: Domestic Limited Partnership (LP) Identification Number: L01750463 Date of Organization in Massachusetts: 04-20-2001 Last date certain: 12-31-2050 The location or address where the records are maintained (A PO box is not a valid location or address): Address: City or town, State, Zip code, Country: The name and address of the Resident Agent: Name: THOMAS CAPIZZI, JR. Address: 1645 NEWTOWN RD. City or town, State, Zip code, COTUIT, MA 02635 USA Country: The name and business address of each General Partner: Title Individual name Address GENERAL CENTERVILLE LLC 1645 NEWTOWN RD. COTUIT, MA 02635 USA PARTNER GENERAL THOMAS CAPIZZI 1645 NEWTOWN RD. COTUIT, MA 02635 USA PARTNER ❑ ❑Confidential ❑Merger ❑ Consent Data Allowed Manufacturing View filings for this business entity: http://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSummary.aspx?FEIN=LO 1750463&... 3/17/2017 CYYYJ w ✓/ `a ' xt " I J1 ,tK y..r • -fig s+F'`y� _ PIS .C• t - � .+�:�r/ •//��i a,�/_.""�' !'4� '� a'.fir "w„'�! `�t�"'_ ...- �, r '.a. o ^1'�'��p/1 .�`�. •+ia�-y4 '� it s'+,,,/ J v;1• 'a�. ,ya�� r �.t���� •fi . r.,,,d!!� j •�,t !' 4a��m �'� ����d ai gzr' a�.�r `���{ypi. ;;,'4� 1� '���- 2 p / I"+' Mt1}'f /' j s #t�ln s, �,�. �.�,.~% «P r•L".. ;�`k.�M1, ?l�,;::La„' r P ...+ ✓ 7 ® DATE(MMIDDIYYYY) ,4`�o CERTIFICATE OF LIABILITY INSURANCE 12/30/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s). ONTACT PRODUCER NAME; Rogers and Gray Processing ROGERS&GRAY INSURANCE AGENCY INC PHCNN : (508)398-7980 arc Noll: E-MAIL ADDRESS: mail@rogersgray.com 434 ROUTE 134 INSURERS AFFORDING COVERAGE NAIC# SOUTH DENNIS- MA 02660 INSURERA: AMGUARD INSURANCE CO 42390 INSURED INSURER B: CAPIZZI HOME IMPROVEMENT INC INSURERC: INSURER D: 1645 NEWTOWN ROAD INSURERE: COTUIT MA 02635 wsuRER F COVERAGES CERTIFICATE NUMBER: 114654 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUB POLICY EFF POLICY EXP LIMITS ` LTR TYPE OF INSURANCE VAM POLICY NUMBER MMIDD (MMIDDNYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ N/A PERSONAL&AOV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑PRO-JECT LOC PRODUCTS-COMPIOPAGG $ OTHER: AUTOMOBILE LIABILITY accident) tSINGLE LIMIT $ Eaac BODILY INJURY(Per person) $ ANY AUTO ALL OWNED SCHEDULED N/A BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTYDAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE N/A AGGREGATE $ $ DED RETENTION$ WORKERS COMPENSATION /� STATUTE PER ERH AND EMPLOYERS'LIABILITY Y 1 NIrl YPROPRIEfORIPARTNER/EXECUTIVEF— ANE.L.EACH ACCIDENT $ 1,000,000 A OFFICER(MEMBEREXCLUDED? NIA NIA NIA R2WC775326 12/25/2016 12/25/2017 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below NIA DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Workers'Compensation benefits will be paid to Massachusetts employees only.Pursuant to Endorsement WC 20 03 06 B,no authorization is given to pay Claims for benefits to employees in states other than Massachusetts if the insured hires,or has hired those employees outside of Massachusetts. This certificate of insurance shows the policy in force on the date that this certificate was issued(unless the expiration date on the above policy precedes the issue date of this certificate of insurance). The status of this coverage can be monitored daily by accessing the Proof of Coverage-Coverage Verification Search tool at www.mass.govAwd/workers-compensabon/investigatons/. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of Bamstable 200 Main Street AUTHORIZED REPRESENTATIVE _QC. Hyannis MA 02601 Daniel M..Cro y,CPCU,Vice President—Residual Market—WCRIBMA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD r-� Barry, Lois From: Dabkowski, Cindy Sent: Tuesday, April 14, 2009 9:29 AM To: Barry, Lois Subject: RE: 438 Craigville Beach Road Yes, this case is all seta Administrative constraints. Thank you Cindy -----Original Message----- From: Barry, Lois Sent: Monday,April 13, 2009 10:34 AM To: Dabkowski,Cindy Subject: 438 Craigville Beach Road Cindy, Re the sign-offs on this application, you will see that the Comprehensive Permit was granted 4/4/07 and recorded 5/6/08. Was it decided that it was okay to go forward without an extension on this one? Just want to be sure it's okay on your end. Lois 1 r Barry, Lois To: Dabkowski, Cindy Cc: Edson, Linda Subject: RE: 438 Craigville Beach Road, W. Hyannisport Cindy, Have you found out anything about this property since we talked? Aside from the question of the extension, they have not been in to pull a building permit. (The documents were recorded in May, and I sent a letter to them on 5/20/08 reminding them that they need a building permit.) Linda Edson has asked me for an update. Do you know if they are serious about the program? Of course, we wouldn't be atle to process the building permit without an extension, but they have not been in. Lois -----Original Message----- From: Dabkowski,Cindy Sent: Tuesday,July 08, 2008 2:54 PM To: Barry, Lois Subject: RE:438 Craigville Beach Road,W. Hyannisport As far as I can tell this was not on the agenda at June Meeting (I looked up the agenda on the TOB web site)And the agenda has already been submitted for July I was not aware of this address nor can I find a file on this address what do you suggest I do next Cindy Dabkowski -----Original Message----- From: Barry, Lois Sent: Tuesday,July 01, 2008 2:34 PM To: Dabkowski,Cindy Subject: 438 Craigville Beach Road,W. Hyennisport Cindy, Do you know if the Comp. Permit for this property has been extended? It was issued on 4/4/07. Beth sent me a note on May 8 that she was putting t in for an extension at the next hearing, which probably would have been June. Please let me know. Lois � r 1 Town of Barnstable o� Building Department - 200 Main Street BARN * Hyannis, MA 02601 9 MASS 1639. . (508) 862-4038 RFD MA'i a Certificate of Occupancy Application Number: 200901494 CO Number: 20080460 Parcel ID: 246076 CO Issue Date: 12116109 Location: 438 CRAIGVILLE BEACH ROAD Zoning Classification: RESIDENCE B DISTRICT Proposed Use: FOUR TO EIGHT UNITS Village: HYANNIS Gen Contractor: GUSTAFSON,GARY Permit Type: RC00 � CERTIFICATE OF OCCUPANCY RES .,I Comments: AMNESTY APARTMENT, UNIT 2, ISSUED TO STRAWBERRY LIMITED PARTNERSHIP I Building Department Signature Date Signed TOWN-' OF BARNSTABLEBuilding�NET Application Ref: 200901494 m• * BARNSTABLE, = Issue Date: 04/14/09 Permit y MASS. 1639• Applicant: GUSTAFSON GARY Ar�O MAC s Permit Number: B 20090515 Proposed Use: FOUR TO EIGHT UNITS Expiration Date: 10/12/09 Location 438 CRAIGVILLE BEACH ROAIDgoning District RB Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel 246076 Permit Fee$ 25.00 Contractor GUSTAFSON,GARY Village HYANNIS App Fee$ License Num 74640 Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND 1 ACCESSORY AFFORDABLE APARTMENT IN A MULTIFAMILY PR PEVIJM CARD MUST BE KEPT POSTED UNTIL FINAL UNIT 2 INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: STRAWBERRY LIMITED PARTNERSHIP BUILDING SHALL NOT B5,faCCUPIE7TIL A FINAL Address: 1645 NEWTOWN RD INSPECTION HAS BE E. COTUIT, MA 02635 Application Entered by: LB Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY.ANY STREET,ALLY OR SIDEWALK:ORANY PART THEREOF,EITHER TEMPORARILY PERMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLYPERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF-PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS.PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). . 5. INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. . WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). 011 O" L NOW 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 Department - 200 Main Street ELAMffLE " . * Hyannis, MA 02601 MASS 1639. . (508) 862-4038 Certificate of Occupancy Application Number: 200901493 CO Number: 20080461 Parcel ID: 246076 CO Issue Date: 12116/09 Location: 438 CRAIGVILLE BEACH ROAD Zoning Classification: RESIDENCE B DISTRICT Proposed Use: FOUR TO EIGHT UNITS Village: HYANNIS Gen Contractor: GUSTAFSON,GARY Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: AMNESTY APARTMENT, UNIT 3, ISSUED TO STRAWBERRY LIMITED PARTNERSHIP Building Department Signature Date Signed TOWN OFBARNSTABLE 'tKEBuilding Application Ref: 200901493* BARNSTABLE, Issue Date: 04/14/09 Permit 9 MASS i639. Applicant: GUSTAFSON,GARY ar�p MA.I� Permit Number: B 20090516 Proposed Use: FOUR TO EIGHT UNITS Expiration Date: 10/12/09 Location 438 CRAIGVILLE BEACH ROAW-oning District RB Permit Type: AMNESTY APT NO CONSTRUCT RES . Map Parcel 246076 Permit Fee$ 25.00 Contractor GUSTAFSON,GARY Village HYANNIS App Fee$ License Num 74640 Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND 1 ACCESSORY AFFORDABLE APARTMENT IN MULTI FAMILY PRO[RTYHIS CARD MUST BE KEPT POSTED UNTIL FINAL UNIT 3 INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: STRAWBERRY LIMITED PARTNERSHIP BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 1645 NEWTOWN RD INSPECTION HAS BEE ADE. COTUIT, MA 02635 Application Entered by: LB Building Permit Issued By: THISTERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR P ANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING.CODE,MUST BE APPROVED BY THE URISDICTION. STREET OR ALLY GRADES AS WELL AS DEPTH AND.:LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). New fit, BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1. 1 1 it 2 i 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health Town of Barnstable Building Department - 200 Main Street * EAMLE STM • • Hyannis, MA 02601 9 MASS 1639. , (508) 862-4038 RFD Mf►�A Certificate of Occupancy Application Number: 200901492 CO Number: 20080462 Parcel ID: 246076 CO Issue Date: 12116109 Location: 438 CRAIGVILLE BEACH ROAD Zoning Classification: RESIDENCE B DISTRICT Proposed Use: FOUR TO EIGHT UNITS Village: HYANNIS r . Gen Contractor: GUSTAFSON,GARY Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: AMNESTY APARTMENT, UNIT 4, ISSUED TO STRAWBERRY LIMITED PARTNERSHIP Q, Building Department Signature Date Signed �IMETph, TOWN OF BARNSTABLE Building Application.Ref: 200901492 BARNSTABLE, Issue Date: 04/14/09 Permit 9 MASS. �p 16 Applicant: GUSTAFSON,GARY rFG Mpl s Permit Number: B 20090514 Proposed Use: FOUR TO EIGHT UNITS Expiration Date: 10/12/09 Location 438 CRAIGVILLE BEACH ROAlkoning District RB Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel. 246076 Permit Fee$ 25.00 Contractor GUSTAFSON,GARY Village HYANNIS App Fee$ License Num. 74640 Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND ONE ACCESSORY AFFORDABLE APARMENT IN MULTI FAMILY PRE PEFJI''CARD MUST BE KEPT POSTED UNTIL FINAL UNIT 4 INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: STRAWBERRY LIMITED PARTNERSHIP BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 1645 NEWTOWN RD INSPECTION HAS BE DE. COTUIT, MA 02635 Application Entered by: LB Building Permit Issued By: v THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK,OR ANY PART THEREOF,EITHER TEMPORARILY 0 ERM N— TLY'. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5. INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). 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 Barry, Lois From: Dabkowski, Cindy Sent: Tuesday, July 08, 2008 2:54 PM To: Barry, Lois Subject: RE: 438 Craigville Beach Road, W. Hyannisport As far as I can tell this was not on the agenda at June Meeting (I looked up the agenda on the TOB web site)And the agenda has already been submitted for July I was not aware of this address nor can I find a file on this address what do you suggest I do next Cindy Dabkowski -----Original Message----- From: Barry, Lois Sent: Tuesday,July 01, 2008 2:34 PM To: Dabkowski,Cindy Subject: 438 Craigville Beach Road, W. Hyannisport Cindy, Do you know if the Comp. Permit for this property has been extended? It was issued on 4/4/07. Beth sent me a note on May 8 that she was putting it in for an extension at the next hearing, which probably would have been June. Please let me know. Lois 1 I opt r Town of Barnstable BA STABLE. : Regulatory Services 9 MASS. 039• $ Thomas F. Geiler, Director ArEp��p � Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 May 20, 2008 Strawberry Limited Partnership 1645 Santuit Newtown Road Cotuit, MA 02635 Re: Proposed Accessory Affordable Apartment 438 Craigville Beach Road, W. Hyannisport Dear Property Owner: We have received the recorded Regulatory Agreement and Comprehensive Permit for the accessory affordable apartment at your address. A building permit is required whether the unit is new or pre-existing. We look forward to receiving your building permit application for the apartment. Please call me if you have any questions regarding the building permit process. Sincerely, Lois Barry Division Assistant amnbp i Barry, Lois From: Dillen, Elizabeth Sent: Thursday, May 08, 2008 11:56 AM To: Barry, Lois Subject: RE: COMPREHENSIVE PERMITS I:will put in for extensions at the next hearing, but in both of these cases it was not the fault of the applicant that these were not recorded-the docs sat in files in this office :( C5(th D6ti.en Stec r.i Projects Coorctmi ator cr(iWth mitnt !gevnent Department Ti)iN:?,t: i3o.rnstthhl,e. 367 ti^rain Street, i; r+.rmLs MA a i!508.862.4683 sx 08.862.4-782 -----Original Message----- From: Barry, Lois Sent: Thursday, May 08,2008 10:18 AM To: Dillen, Elizabeth Subject: COMPREHENSIVE PERMITS Hi Beth, The Comp. Permit for 65 Greenwood Avenue was issued on 3/15/07, and#16 says it must be exercised within 12 months. Do we need an extension? The Comp. Permit for 438 Craigville Beach Road was issued on 4/4/07, and #13 " Lois 1 C °F THE Town of Barnstable 9� b 9. ,�� Growth Management Department ArED""°�A Accessory Affordable Apartment Program 367 Main Street, Hyannis, MA 02601 Office: 508.862.4678 Fax: 508.862.4782 5/6/08 RE: Building Permit Application & Final Inspection Dear Mr. Capizzi: Enclosed please find a copy of your recorded decision and deed restriction. As you know, one of the conditions of your recently issued comprehensive permit requires that you apply for a building permit for the accessory unit, whether the unit is new or pre-existing. To assist you with this process, I have enclosed a Town of Barnstable Building Y P � g Permit application. Please contact Lois Barry in the Building Division at (508) 862-4039 to schedule an appointment to compete the building permit application process. Lois is available on Mondays, Tuesdays and Wednesdays. You will be required to provide five copies of a clear floor plan for both the main house and the apartment which indicates the square footage of each room as well as the total square footage of both dwellings. Smoke and carbon monoxide detectors must also be clearly labeled on the plans. A Building Division inspector will then conduct the final inspection of your accessory unit. After the unit passes inspection a certificate of occupancy will be issued by the Building Commissioner and mailed to you. Once you have received your certificate of occupancy you may select a tenant for your accessory affordable unit. Please feel free to contact me at 862-4683 with any questions or concerns. Regards, Elizabeth Dillen Special Projects Coordinator 0 5—a 16-2C3C33 a 12 e 49 BAR�STa��E 07 RPR -4 R10 .51 67? FD MP{ Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2006-038—Strawberry Limited Partnership Decision-Chapter 40B Comprehensive Permit Applicant: Strawberry Limited Partnership W EE C l Property Address: 438 Craigville Beach Road,West Hyannisport,MA Assessor's Map/Parcel: Map 246 Parcel 076 7FEB9 2008 ! Zoning: Residential B Zoning District GROWTH MANAG`,%4EP,�'i , Applicants: The applicant is the Strawberry Limited Partnership,which owns the property located at 438 Craigville Beach Road,West Hyannisport,MA. The Strawberry Limited Partnership was granted title to the property by deed recorded in the Barnstable County Registry of Deeds on October 29, 2003 as recorded in Book 17859, Page 306. Relief Requested: The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article II of Chapter Nine of the Code of the town of Barnstable, more commonly termed the"Accessory Affordable Apartment Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9- 14 of the Code—Amnesty Program to permit accessory affordable apartments within a legal multi-family residential dwelling. The issuance of this Comprehensive Permit would allow for three accessory affordable apartments in a multi-family dwelling. Locus and Background: The property at issue is a 0.57-acre lot located at 438 Craigville Beach Road in West Hyannisport that was developed in 1950 with a multi-family property in two structures. The effective living area of the two buildings is 3,195 square feet. There are now a total of five units at the property; two are legal but three are unpermitted. To comply with the requirement that 25% of the units in a multi-family property be restricted as affordable under Chapter 40B of the MA General Laws, the property owner has applied to designate two units as affordable accessory apartments. Unit# 2 is a studio apartment of approximately 330 square feet and Unit#3 is a studio apartment of approximately 330 square feet. 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 on March 21, 2006, and had no objection to seven (7)bedrooms at the property with the existing septic systems. s Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Growth Management Department on March 27, 2006, 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. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on March 31, 2006 and April 7, 2006, and notices were sent to all abutters in accordance with MGL Chapter 40B. On April 26, 2006; May 24, 2006; July 26, 2006; September 20, 2006; October 18, 2006; November 15, 2006; December 6, 2006 and March 14, 2007 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Strawberry Limited Partnership, was represented at the hearing by Attorney Patrick Butler. Madeline Taylor of the Growth Management Department was also present. Ms. Nightingale reviewed the file with the applicant to assure compliance with all of the program requirements. Briefs were presented in favor of and opposition to the appeal and are in the- file, including sworn affidavits, copies of permits, photographs, letters and a petition, with reference to laws relating to.said application and property. Findings of Fact on the Comprehensive Permit: At the hearing on March 14, 2007 the Hearing Officer made the following findings of fact: 1. The applicant is the Strawberry Limited Partnership, which owns the multi-family property located at 438 Craigville Beach Road, West Hyannisport, MA. They are requesting a Comprehensive Permit to convert three existing unpermitted apartments into accessory affordable apartments. The conversion of these units to accessory affordable units within a multi-family dwelling qualifies for the "Accessory Affordable Apartment Program." 2. The Strawberry Limited Partnership was granted title to the property by deed recorded in the Barnstable Registry of Deeds on October 29,2003 as recorded in Book 17859,Page 306. 3. Based on all the information presented at the hearings on Appeal 2006-038 and included in the file,the property did contain an apartment consistent with residential use prior to 1951. It was a legal multi-family in 1950 —being two separate houses on a single family lot. The zoning was adopted on March 6, 1950 which permitted only single-family dwellings as-of-right. 4. On February 13, 1957, three bedrooms and 3 bathrooms were added to the rear building by building permit # 5588. These rooms were used as motel units, and subsequently as separate living units which made the use of these three units illegal. 5. The proposed accessory affordable units are two studio apartments, each of approximately 330 square feet. However, I find that Unit#4 shall also be included as an accessory affordable unit. 6. On March 27, 2006 a site approval letter was issued for the property by Elizabeth Dillen of the Growth Management Department, 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. 7. The applicant is aware that the units must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the units for compliance with all applicable building and fire codes. 2 8. The property 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 had no objection to seven (7)bedrooms at the property with the existing septic systems. 9. On February 25, 2006 the applicant signed an Accessory Affordable Apartment Program Agreement Affidavit that commits, upon the receipt of a Comprehensive,Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds. That document will restrict the units in perpetuity as affordable rental units. 10. The applicant understands that the three affordable units will be rented to a person whose income is 80% or less of the Area Median Income (AMI) of Barnstable Metropolitan Statistical Area (MSA) and further agrees that rent (including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 11. According to the Massachusetts Department of Housing and Community Development, as of March 14, 2007, 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: j Based upon the findings, the Hearing Officer ruled that the applicant has standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory 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 applicant, the Strawberry Limited Partnership. It is issued to allow for the conversion of three currently unpermitted studio units into accessory affordable apartment units in accordance with the following conditions: 1. Occupancy of Unit#2 shall not exceed one person. 2. Occupancy of Unit#3 shall not exceed one person. 3. Occupancy of Unit#4 shall not exceed one person. 4. The affordable units shall not be occupied by a family member of the owner(s). 5. Parking for all of the apartments 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 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. 3 k 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 affordable apartments. 9. The applicant must apply for a building permit for the accessory units, whether the units are new or pre-existing. Before securing occupancy permits and certificates of compliance, the Building Commissioner must determine that the units conform with the approved plans as submitted with the building permit applications and meet state building and fire codes. The Health Division must determine that the dwellings are in compliance with applicable on-site wastewater discharge requirements. 10. The applicant 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 applicant will be required to work with the town to provide information necessary to document that the tenant qualifies. The units shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs, notice must be given to the Growth Management Department and the unit must be listed with the Town. 11. Every twelve months the applicant shall review the income eligibility of the individual occupying the units. No later than a year from the date of issuance of this Comprehensive Permit, the applicant shall file with the Growth Management Department of the Town of Barnstable an annual affidavit listing the rent charged and income level of the occupants of the units. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 12. This Comprehensive Permit shall not be transferable to any other person or entity,without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the Growth Management Department of the Town of Barnstable shall be notified within 60 days of the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the units occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2006-038 has been granted with conditions. A written copy of this decision sha11 be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code Chapter 241, section 11. If after fourteen (14) days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. 4 i 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 March 16, 2007. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. ql�lo Gai Nightingale, +ring '�cer Date Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County,Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has beR filed in the office of the Town Clerk. Signed and sealed this !� ay of Z2 %6 under the pains and penalties of perjury, Linda Hutchenrider,Town Clerk 5 EI, . �'-�—e t,�,—?a g r� car 1'�` � ,4-S�`�► REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS and DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY GREEMENT CLAIZA ,is made this 1N day of ,2008,by and between the Strawberry.Limited Partnership, a Massachusetts limited panne p having a principal place of business at 1645 Santuit Newtown Road, Cotuit,MA 02635 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 three accessory apartments in a multi-family dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Units"); and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate the property located at 438 Craigville Beach Road, West Hyannisport, MA as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 17859,Page 306. B. The Project,located at, 438 Craigville Beach Road,West Hyannisport,MA will consist of three accessory apartment units to be rented to an eligible low or moderate income individual or family(the "Designated Affordable Units" or the "Units"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2006-038 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 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 units,the Owner agreed that the Designated Affordable Units 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 Units shall be deemed to be impressed with a public trust. 2. The Designated Affordable Units 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- 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 Units will be retained as permanent,year round rental dwelling units with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or, as applicable,has not violated any provision of law,rule or regulation, or any order of any court or other agency or governmental body, and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a parry or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants n,nning 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 Units in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Units are rented,the tenants'income verification, a copy of the lease agreements 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 Units. 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 Units are being rented in perpetuity to households with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable MSA and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediatelytransmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number.of the Agreement. 2 F y VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a parry may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. X. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing, executed by the parties,and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 17859, Page 306 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 I ontained 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 17859,Page 306. XI. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. XII. SUCCESSORS AND ASSIGNS: 3 l A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and anysuccessors 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 restii-tions contained herein$hail be and are covenants r[iiiiiiilg 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 Coup for Barnstable County. A purchaser of the Project or anyportion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the` Project or portion thereof. XIV. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this ,9 day of f'vS r� ,2008. OWNER BY: Thomas Capiz a er f Centerville, LLC, General Partner of Strawberry Limited Partnership COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this 28 day of Feb. 2008 before me,the undersigned notary public,personally appeared Thomas Capi z z i , Jr. _,the Owner(s),proved tome through satisfactory evidence of identification,which were Massachusetts Driver' s License ,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. _ 0_ - - 9 -�) si � i vo`i,ary P ub11C Printed: U� My Commission Expires: 4 CAITLIN B. SULLIVAN NOTARY PUBLIC Commonwealth of Massachusetts My Commission Expires February 1, 2013 t TOWN OF BARNSTABLE BY: a TO MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstablex : On this day of 2008 before me,the undersigned notary public,personallyappeared ,7MA/T k,C/A/ e Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were s to be the person whose name is signed on the preceding or attached document a4d acknowledged to be that he/she signed it voluntarily for the stated purposes. Notary Public Printed: �i � �� My Commission Expires: UNM WHEEL DEN MY PMUC CONYOWH OF MUMMER S My Cwxom Feb.7,20U 5 Btc 22987 Fo 75 r eDi5-0.6-200 12 m 4151%:� ' BAR�SjA�tE TOt'grp.A r•� ,_7t� o+t� '07 APR -A R1� 51 s 9• to iv+ Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2006-038—Strawberry Limited Partnership Decision - Chapter 40B Comprehensive Permit Applicant: Strawberry Limited Partnership [GROWTH [�IE 0`VJ� i�i Property Address: 438 Craigville Beach Road,West Hyannisport,MA Assessor's Map/Parcel: Map 246 Parcel 076 FEB 1 9 ZOOS Zoning: Residential B Zoning District f MANAG�9.1[.P►y Applicants: The applicant is the Strawberry Limited Partnership,which owns the property located at 438 Craigville Beach Road, West Hyannisport,MA. The Strawberry Limited Partnership was granted title to the property by deed recorded in the Barnstable County Registry of Deeds on October 29, 2003 as recorded in Book 17859,Page 306. . Relief Requested: The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article II of Chapter Nine of the Code of the town of Barnstable,more commonly termed the"Accessory Affordable Apartment Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9- 14 of the Code—Amnesty Program to permit accessory affordable apartments within a legal multi-family residential dwelling. The issuance of this Comprehensive Permit would allow for three accessory affordable apartments in a multi-family dwelling. Locus and Background: The property at issue is a 0.57-acre lot located at 438 Craigville Beach Road in West Hyannisport that was developed in 1950 with a multi-family property in two structures. The effective living.area of the two buildings is 3,195 square feet. There are now a total of five units at the property; two are legal but three are unpermitted. To comply with the requirement that 25% of the units in a multi-family property be restricted as affordable under Chapter 40B of the MA General Laws, the property owner has applied to designate two units as.affordable accessory apartments: Unit# 2 is a studio apartment of approximately-330 square feet, and.Unit#3 is a studio apartment of approximately 330 square feet. , 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 on March 21, 2006, and had no objection to seven(7)bedrooms at the property with the existing septic systems. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Growth Management Department on March 27, 2006, 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. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on March 31, 2006 and April 7, 2006, and notices were sent to all abutters in accordance with MGL Chapter 40B. On April 26, 2006; May 24, 2006; July 26, 2006; September 20, 2006; October 18, 2006; November 15, 2006; December 6, 2006 and March 14, 2007 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Strawberry Limited Partnership, was represented at the hearing by Attorney Patrick Butler. Madeline Taylor of the Growth Management_ Department was also present. Ms. Nightingale reviewed the file with the applicant to assure compliance with all of the program requirements. Briefs were presented in favor of and opposition to the appeal and are in the- file, including sworn affidavits, copies of permits, photographs, letters and a petition, with reference to laws relating to said application and property. Findings of Fact on the Comprehensive Permit: At the hearing on March 14, 2007 the Hearing Officer made the following findings of fact: I. The applicant is the Strawberry Limited Partnership, which owns the multi-family property located at 438 Craigville Beach Road, West Hyannisport, MA. They are requesting a Comprehensive Permit:to-, convert three existing unpermitted-apartments into accessory affordable apartments. The conversion of these units to accessory affordable units within a multi-family dwelling qualifies for the "Accessory Affordable Apartment Program." 2. The Strawberry Limited Partnership was granted title to the property by deed recorded in the Barnstable Registry of Deeds on October 29, 2003 as recorded in Book 17859,Page 306. 3. Based on all the information presented at the hearings on Appeal 2006-038 and included in the file, the property did contain an apartment consistent with residential use prior to 1951. It was a legal multi-family in 1950 — being two separate houses on a single family lot. The zoning was adopted on March 6, 1950 which permitted only single-family dwellings as-of-right. 4. On February 13, 1957, three bedrooms and 3 bathrooms were added to the rear building by building permit # 5588. These rooms were used as motel units;:and subsequently as separate living units which., made the use of these three units illegal. , 5. The proposed accessory affordable units are two studio apartments, each of approximately 330.square !feet.,However,<I find that Unit#4 shall also be included as an accessory affordable unit. , 6. On March 27, 2006 a site approval letter was issued for the property by Elizabeth Dillen of the Growth Management Department, 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. 7. The applicant is aware that the units must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the units for compliance with all applicable building and fire codes. 2 S. The property 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 had no objection to seven(7) bedrooms at the property with the existing septic systems. 9. On February 25, 2006 the applicant signed an Accessory Affordable Apartment Program Agreement Affidavit that commits, upon the receipt of a Comprehensive Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds. That document will restrict the units in perpetuity as affordable rental units. 10. The applicant understands that the three affordable units will be rented to a person whose income is 80% or less of the Area Median Income (AMI) of Barnstable Metropolitan Statistical Area (MSA) and further agrees that rent (including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 11. According to the Massachusetts Department of Housing and Community Development, as of March 14, 2007, 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 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 applicant, the Strawberry Limited Partnership. It is issued to allow for the conversion. of three currently unpermitted studio units into accessory affordable apartment units in accordance with the following conditions: I.-Occupancy of Unit#2 shall not exceed one person.-a 2. Occupancy of Unit#3 shall not exceed one person- 3. Occupancy of Unit#4 shall not exceed one person.. 4. The affordable units shall not be occupied by a family member of the owner(s). 5..Parking for all of the apartments 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 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. 3 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 affordable apartments. 9. The applicant must apply for.a building permit for the accessory units, whether the units are new or pre-existing. Before securing occupancy permits and certificates of compliance, the Building Commissioner must determine that the units conform with the approved plans as submitted with the building permit applications and meet state building and fire codes. The Health Division must determine that the dwellings are in compliance with applicable on-site wastewater discharge requirements. 10. The applicant 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 applicant will be required to work with the town to provide information necessary to document that the tenant qualifies. The units shall be rented on an open and fair basis to an income eligible individual .or family. Whenever a vacancy occurs, notice must be given to the Growth Management Department and the unit must be listed with the Town. 11. Every twelve months the applicant shall review the income eligibility of the individual occupying the units. No later than a year from the date of issuance of this Comprehensive Permit, the applicant shall file with the Growth Management Department of the Town of Barnstable an annual affidavit---- listing the rent charged and income level of the occupants of the units. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 12. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County: Registry of Deeds. If the ownership of the property is transferred, the Growth Management Department of the Town of Barnstable shall be notified within 60 days of the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the units occupied within 12.months of.its issuance or it shall expire. Ordered: Comprehensive Permit 2006-038 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code Chapter 241, section 11. If after fourteen (14) days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. 4 P 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 March 16, 2007. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. h10 Gai (Nightingale, aring cer Date Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County,Massachusetts,hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has bepp filed in the office of the Town Clerk. Signed and sealed this ay of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 5 Bk 22887 Po8o a24284 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGTJLATORYIAGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 2V day of ,2008, by and between the Strawberry.Limited Partnership, a Massachusetts limited partne p having a principal place of business at 1645 Santuit Newtown Road, Cotuit,MA 02635 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 three accessory apartments in a multi-family dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Units");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN- A- The terms of this Agreement and Covenant regulate the property located at 438 Craigville Beach Road, West Hyannisport, MA as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 17859, Page 306. B. The Project,located at, 438 Cr-aigville Beach Road, West Hyannisport,MA will consist of three accessory apartment units to be rented to an eligible low or moderate income individual or family(the "Designated Affordable Units" or the "Units"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2006-038 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 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 units,the Owner agreed that the Designated Affordable Units 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 Units shall be deemed to be impressed with a public trust. 2. The Designated Affordable Units 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- 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 Units will be retained as permanent,year round rental dwelling units with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5• The execution and performance of this Agreement by the Owner will not violate or, as applicable,has not violated any provision of law,rule or regulation, or any order of any court or other agency or governmental body, and will not violate or,as applicable,has not violated any provision of any indenture, agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner, at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by.this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of 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 Units in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AM) of Barnstable Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent, as designated by the Town Manager, proof that the Designated Affordable Units are rented, the tenants' income verification, a copy of the lease agreements 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 Units. 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 Units are being rented in perpetuity to households with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable MSA and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80%' of the median income of Barnstable-Yarmouth MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. V. RECORDING OF AGREEMENT• Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"), and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number.of the Agreement. 2 I 7 Y - VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. . X. ENTIRE UNDERSTANDING A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing, executed by the parties, and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 17859, Page 306 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 17859,Page 306. K. 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 unposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case maybe,thus rendering said Comprehensive 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. J SUCCESSORS AND ASSIGNS: 3 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 reement and the covenants,agreements —ctiofJ contained herein shall' 'Lie 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 tide, (it) are not merelypersonal covenants of the Owner,and(1) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. 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 mayperfect such a lien on the Project byrecording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or anyportion thereof will be liable for the payment of. anyunpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the` Project or portion thereof. )(IV. 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 thisa8 day of I'v5 r V 2008. OWNER BY: omas CaPiz a er f Centerville, LLC, General Partner of Strawberry Limited Partnership COMMONWEALTH OF MASSACHTJSETTS County of Barnstable,ss: On this 2 8 day of Feb. 2008 before me,the undersigned notary public,personally appeared Thomas Capi z z i, Jr, ,the Owner(s),proved to me through satisfactory evidence of identification,which were Ma s s a e hu s e t t s Driver' s License ,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. = No`�aiyP; lic Printed: U� My Commission Expires: o? ap/3 CAITLIN B. SULLIVAN NOTARY PUBLIC Commonwealth of Massachusetts My Commission Expires February 1, 2013 TOWN OF BARNSTABLE BY: ! TO MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable j h� On thiJ day of 2008 before me,the undersigned notary public,pers onally appeared 7M / L/MAi1 e Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were�4,/cson l� �o ,to be the person whose name is signed on the preceding or attached document d aa�i cknowie ged to be that he/she signed it voluntarily for the stated purposes. Notary Public Printed: My Commission Expires: ZV,d7l� UNDA R.WHEELDEN NOTARY PWUC COMMONM &TH OF MASSACNUMM a. . Ay Comm.Eom Fib.7,2014 5 Barry, Lois From: Dillen, Elizabeth Sent: Wednesday, February 15, 2006 9:51 AM To: Edson, Linda; Perry, Tom Cc: Barry, Lois; Taylor, Madeline; Lauzon, Jeffrey; Roma, Paul; Fitzgerald, John Subject: Amnesty Update Update on Properties Referred to Amnesty Program by Building Division- February 2006 CENTERVILLE • 10 Nye Road, Centerville -Annette Crowley YES - ZBA hearing on 2/15/06 • 111 Longfellow Drive, Centerville -Jose Gonzalez NO -Jose opted.to apply for a Family Apartment permit and rent the unit to his niece. HYANNIS • 56 Pine Grove Ave, Hyannis -John Monteiro YES - ZBA hearing on 2/15/06 • 50 Marston Avenue, Hyannisport-William Davis YES - Site approval issued on 1/24/06; tentatively scheduled for ZBA Hearing on 3/22/06 • 117 Hamden Circle, Hyannis - Ezio Marinho YES - Had site visit on 2/1/06; septic application under review • 438 Craigville Beach Road,West Hyannisport-Tom Capizzi,Jr. PROBABLE (5 UNITS) - Had site visit on 2/10/06; septic application under review • 65 Greenwood Ave, Hyannis -Jair Souza PROBABLE -Had site visit on 11/18/05; septic application under review • 21 First Ave, Hyannisport-John Ligor QUESTIONABLE-Had site visit on 1/17/06;requesting six bedrooms on septic application;having septic inspection report completed; still questionable whether this is principal residence MARSTONS MILLS • 16 Claus Way,Marstons Mills - Scott Morse PROBABLE - Had site visit on 10/13/05; septic was approved for three bedrooms on 2/14/06; Scott is having independent septic evaluation completed • 1110 Route 1+, Marstons Mills - Dorothea Sylvia NO - Had site visit on 1/27/06; she opted not to participate in the Program due to expense of bringing windows up to code (confirmed this on 2/15/06) 1 Town of Barnstable p _ ti Regulatory Services Thomas F.Geiler,Director 7 6 NA Y c 2 H a: 3 7 * BARNSTABLE, q Mass, Building Division 39: °, Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 M V i S W Office: 508-862-4038 Fax: 508-790-6230 COMPLAINVINQUIRY REPORT Date: Rec'd by: Complaint Name: Map/Parcel Location Address: Originator Name: Street: Village: State: Zip: Telephone: �j�U y ��3 - Complaint Description: za, C FOR OFFICE E ONLY Inspector's Action/Comments'. Date: Inspector: z to I Additional Info.Attached n-fomms:=Dlaint /C�yn Message Page 1 of 1 Barry, Lois From: Taylor, Madeline Sent: Thursday, May 04, 2006 3:01 PM To: Perry, Tom Cc: Barry, Lois Subject: 438 Craigville Beach Road, Hyannis Hi Lois &Tom I am trying to resolve the issue we are having with this amnesty application. There was abutter opposition to this application at the hearing last week and it has been continued to the next hearing. Is there anything in the file that states definitively that this was a legal two-family or multi-family dwelling prior to 1/1/2000?The applicant has sent me information to say that it has been rented out people over the years and was used as a motel at one time but I'm looking for something solid to go on. Do you know if the house and rear building were constructed at the same time? Thanks for your help, Madeline i n 5/8/2006 i Bk 20239 PS 314r �6?94.4- 09-0$-2005 a 11 = 130. DECLARATION OF TRUST ESTABLISHING SANTUIT REALTY TRUST Thomas Capizzi, Jr. (hereinafter collectively the "Trustee"), hereby declares that any and all property and interest in property, real and personal, that may be acquired hereunder (the "Trust Estate") shall be held in trust, solely as nominee, for the sole benefit of the.individuals or entities listed in the Schedule of Beneficiaries and filed with the Trustee with receipt acknowledged by at least one Trustee(hereafter, as it may be amended, "Schedule of Beneficiaries"). SECTION ONE Name and Purpose 1.1 This Trust shall be known as SANTUIT REALTY TRUST and is intended to be a nominee bust, so-called, for federal.and state income tax purposes and to hold record legal title to. the Trust Estate and perform such functions as are necessarily incidental thereto. The trust shall have a mailing address of 1645 Santuit Newtown Road,Cotuit,Massachusetts 02635. SECTION TWO Trustees 2.1 In the event that there are two Trustees,ANY ONE TRUSTEE may execute any and all instruments and certificates necessary to carry out the provisions of the Trust. In the event there are more than two Trustees, ANY TWO TRUSTEES, except as otherwise provided in Paragraph 7.2, may execute such instruments and certificates necessary to carry out the provisions of the Trust. 2.2 No Trustee shall be required to furnish bond. No Trustee hereunder shall be liable for any action taken at the direction of the Beneficiaries,nor for any error of judgment nor for any loss arising out of any act or omission in the execution of the Trust so long as acting in good faith,but shall be responsible only for his or her own willful breach of trust. No license of court shall be requisite to the validity of any transaction entered into by the Trustees. No purchaser, transferee, pledgee, mortgagee or other lender shall be under any liability to see to the application of the purchase money or of any money or property loaned or delivered to any Trustee or to see that the terms and conditions of this Trust have been complied with. Every agreement, lease, deed, mortgage, note or other instrument or document executed or action taken by the person or persons appearing from the records of the Registry of Deeds to be Trustees, as required by Paragraph 2.1, shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that at the time of the delivery thereof or taking of such action this Trust was in full force and effect, that the execution and delivery thereof or taking of such action was duly authorized, empowered and directed by the Beneficiaries. SANTUIT REALTY TRUST Page 1 of 5 Bk 20239 Pg 315 #62744 T 2.3 Any person dealing with the Trust Estate or the Trustees may always rely without further inquiry on a certificate signed by the person or persons appearing from the records of the Registry of Deeds to be Trustees, as required by Paragraph 2.1, as to who are the Trustees or the Beneficiaries hereunder or as to the authority of the Trustees to act or as to the existence or nonexistence of any facts which constitute conditions precedent to action by the Trustees or which are in any other manner germane to the affairs of the Trust. Execution, delivery or recording of such certificate shall not be a condition precedent to the validity of any transaction of the Trust. SECTION THREE Beneficiaries 3.1 The term 'Beneficiaries" shall mean the persons and entities listed as Beneficiaries in the Schedule of Beneficiaries executed and delivered as provided above and the respective interests of the Beneficiaries shall be as therein stated. 3.2 Decisions made and actions taken hereunder(including without limitation, amendment and termination of this Trust; appointment and removal of Trustees; directions and notices to Trustees; and execution of documents) shall be made or taken, as the case may be, by all of the Beneficiaries. 3.3 Any Trustee may without impropriety become a Beneficiary hereunder and exercise all rights of a Beneficiary with the same effect as though he or she or it were not a Trustee. The parties hereunder recognize that if a sole Trustee and a sole Beneficiary are one and the same person,legal and equitable title hereunder shall merge as a matter of law. SECTION FOUR Powers of Trustees 4.1 The Trustee shall hold the principal of this Trust and receive the income therefrom for the benefit of the Beneficiaries, and shall pay over the principal and income pursuant to the direction of all of the Beneficiaries and without such direction shall pay the income to the Beneficiaries in proportion to their respective interests. 4.2 Except as hereinafter provided in case of the termination of this Trust, the Trustees shall have no power to deal in or with the Trust Estate except as directed by all of the Beneficiaries. When, as, if and to the extent specifically directed by all of the Beneficiaries, the Trustees shall have the following powers: 4.2.1 to buy, sell, convey, assign, mortgage or otherwise dispose of all or any part of the Trust Estate and as landlord or tenant execute and deliver leases and sub-lease; SANTUIT REALTY TRUST Page 2 of 5 Bk 20239 Pg 316 #62744 4.2.2 to execute and deliver notes from borrowing for the Beneficiaries; 4.2.3 to grant easements or acquire rights or easements and enter into agreements and arrangements with respect to the Trust Estate; 4.2.4 to endorse and deposit checks in an account for the benefit of the Beneficiaries. Any and all instruments executed pursuant to such direction may create obligations extending over any periods of time, including periods extending beyond the date of any possible termination of the Trust. A direction to the Trustees by the Beneficiaries may be by a Durable Power of Attorney. 4.3 Notwithstanding any provisions contained herein, no Trustee shall be required to take any action which will, in the opinion of such Trustee, involve the Trustee in any personal liability unless first satisfactorily indemnified. 4.4 All persons extending credit to, contracting with or having any claim against the Trustees shall look only to the funds and property of this Trust for payment of any contract, or claim, or for the payment of any debt, damage,judgment, or decree, or for any money that may otherwise become due or payable to them from the Trustees, so that neither the Trustees nor the Beneficiaries shall be personally liable therefor. If any Trustee shall at any time for any reason (other than for willful breach of trust) be held to be under any personal liability as such Trustee, then such Trustee shall be held harmless and indemnified by the Beneficiaries,jointly and severally, against all loss,costs,damages,or expense by reason of such liability. SECTION FIVE Termination 5.1 This Trust may be terminated at any time by notice in writing from all of the Beneficiaries, provided that such termination shall be effective only when a certificate thereof signed by the Trustees, shall be recorded with the Registry of Deeds. Notwithstanding any other provisions of this Declaration of Trust, and consistent with the intention of the undersigned that this Trust not violate the Rule Against Perpetuities, this Trust shall terminate in any event TWENTY (20)years from the date of death of the last surviving Trustee of the original Trustees named in this instrument. 5.2 In the case of any termination of the Trust, the Trustees shall transfer and convey the specific assets constituting the Trust Estate, subject to any lease, mortgages, contracts or other encumbrances on the Trust Estate, to the Beneficiaries as tenants in common in proportion to their respective interests hereunder, or as otherwise directed by all of the Beneficiaries, provided, however,the Trustees may retain such portion thereof as is in their opinion necessary to discharge any expense or liability,determined or contingent,of the Trust. SANTUIT REALTY TRUST Page 3 of 5 Bk 20239 Pg 317 #62744 SECTION SIX Amendments 6.1 This Declaration of Trust may be amended from time to time by an instrument in writing signed by all of the Beneficiaries and delivered to the Trustees, provided in each case that the amendment shall not become effective until the instrument of amendment or a certificate setting forth the terms of such amendment,signed by the Trustees,is recorded with the Registry of Deeds. SECTION SEVEN Resignation and Successor Trustee 7.1 Any Trustee hereunder may resign at any time by an instrument in writing signed and acknowledged by such Trustee and delivered to all remaining Trustees and to each Beneficiary. Such resignation shall take effect on the later of the date specified therein or the date of the recording of such instrument with the Registry of Deeds. 7.2 Succeeding or additional Trustees may be appointed or any Trustee may be removed by an instrument or instruments in writing signed by all of the Beneficiaries,provided in each case that a certificate signed by ANY TRUSTEE naming the Trustee or Trustees appointed or removed and, in the case of an appointment,the acceptance in writing by the Trustee or Trustees appointed,shall be recorded in the Registry of Deeds. Upon the recording of such instrument, the legal title to the Trust Estate shall, without the necessity of any conveyance, be vested in said succeeding or additional Trustee or Trustees,with all the rights,powers, authority and privileges as if named as an original Trustee hereunder. 7.3 In the event that there is no Trustee, either through the death or resignation of a sole Trustee without prior appointment of a successor Trustee or for any other cause, a person purporting to be a successor Trustee hereunder may record in the Registry of Deeds an affidavit, under pains and penalties of perjury, stating that he or she has been appointed by all of the Beneficiaries a successor Trustee. Such affidavit, when recorded together with an attorney's certificate under M.G.L. c. 183 Section 5B, stating that such attorney has knowledge of the affairs of the Trust and that the person signing the affidavit has been appointed a Trustee by all of the Beneficiaries, shall have the same force and effect as if the certificate of a Trustee or Trustees required or permitted hereunder had been recorded and persons dealing with the Trust or Trust Estate may always rely without further inquiry upon such an affidavit as so executed and recorded as to the matters stated herein. SANTUIT REALTY TRUST Page 4 of 5 Bk 20239 Pg 318 #62744 SECTION EIGHT Governing Law 8.1. This Declaration of Trust shall be construed in accordance with the laws of the Commonwealth of Massachusetts. SECTION NINE Registry of Deeds 9.1 The term "Registry of Deeds" shall mean the Registry of Deeds or Registry District for the district in the Commonwealth of Massachusetts in which the real estate which is the subject of this Trust is located,and in which this Declaration of Trust is recorded or registered. SECTION TEN Other Provisions NONE Executed as a sealed instrument this ,26 day of hat u,,,t! ,2005. Thomas Capizzi, r.,TrusCee COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this o? day of /i Un 1J b , 2005,before me,the undersigned notary public,personally appeared Thomas Capizzi,Jr., and proved to me through satisfactory evidence of identification, G. S , Qrlw-v y G)'C- ,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. jx, ,, �?••' '�r o•• �i` Not Public: �G L &Ai r My commission expires: r.!y. 'r►cdo,.. y.�ja , — SANTUIT REALTY TRUST Page 5 of 5 SARNSTABIE REGISTRY OF DEEDS Bk 17859 P0306 T 12d199 10-29-2003 & 12 s 11 P TITLE NOT EXAMINED MASSACHUSETTS QUITCLAIM DEED PROPERTY ADDRESS: 438 Craigville Beach Road,West Hyannisport Barnstable County, MA We,THOMAS CAPIZZI,JR.and MARY A.CAPIZZI,husband and wife,as tenants by the entirety,of 5234 Savoy Court,Cape Coral,Florida,33904,for consideration paid, and in full consideration of less than one hundred dollars grant to THE STRAWBERRY LIMITED PARTNERSHIP,a Massachusetts Limited Partnership,which has a mailing address of 1645 Newtown Road,Cotuit,Barnstable County, MA 02635 with quitclaim covenants the land with the buildings thereon, situated in Barnstable (West Hyannisport), Barnstable County, Massachusetts,bounded and described as follows: Beginning at the Southeast corner of the granted premises at a point in the Northerly sideline of the Main Street from Hyannisport to Craigville at land now or formerly of John DeGrace; Thence running Westerly by said road,one hundred twenty-five(125)feet to land of George W. Sturges; Thence running Northerly by land of said Sturges,two hundred(200)feet; Thence running Easterly by land of said Sturges and land now or formerly of Annie L. Hill, one hundred twenty-five (125)feet; Thence running Southerly by land of said DeGrace,two hundred (200)feet to the point of beginning. For title see deed recorded with the Barnstable County Registry of Deeds in Book 16931,Page 316. C. I Bk 17859 Pg 307 #126199 Witness my hand and seal this 9 day of V u j 2003 THOMAS CAPIZZI,JR. STATE OF FLORIDA ss. 2003 Then personally appeared the above named THOMAS CAPIZZI, JR. and acknowledged the foregoing instrument to be hi a act and deed before me. Lisa Maglione-Chenault Commission#DD219019 - Expires:Jun 02,2007 -..•i, Bonded 7irru Notary Public » " Atlantic Bonding Co.,Inc. My Commission expires: Witness my hand and seal this act day of 2003 MANY 1CAI,ZZI s-s 4..� ca tp STATE OF FLORIDA ss. 2003 Then personally appeared the above named THOMAS CAPIZZI, JR. and acknowledged the foregoing instrument to be his;, at and deed before me. Lisa Maglione-ChWult :Commission#DD219019 Expires: Jun 02,2007 ublic a•��� Bonded•n� +oar ' Co-, nc. M Commission ex i es: '.,� „�• Atlantic Bonding Y P BARNSTABLE REGISTRY OF DEEDS n 8k 16931 P9316 458440 05-16-2003 al 02:01P TITLE NOT EXAMINED MASSACHUSETTS QUITCLAIM DEED PROPERTY ADDRESS: 438�Cr g ille-Beach Road,West Hyannisport Barnstable County,MA THE STRAWBERRY LIMITED PARTNERSHIP,a Massachusetts Limited Partnership,which has a mailing address of 280 Percival Drive, West Barnstable, Barnstable County, MA 02668,for consideration paid,and in full consideration of less than one hundred dollars does hereby grant and convey to THOMAS CAPIZZI,JR. and MARY A. CAPIZZI, husband and wife, as tenants by the entirety,of 5234 Savoy Court,Cape Coral,Florida 33904 with quitclaim covenants the land with the buildings thereon,situated in Barnstable (West Hyannisport),Barnstable County,Massachusetts,bounded and described as follows: Beginning at the Southeast corner of the granted premises at a point in the Northerly sideline of the Main Street from Hyannisport to Craigville at land now or formerly of John DeGrace; Thence running Westerly by said road, one hundred twenty-five (125) feet to land of George W. Sturges; Thence running Northerly by land of said Sturges,two hundred (200) feet; Thence running Easterly by land of said Sturges and land now or formerly of Annie L.Hill, one hundred twenty-five (125) feet; Thence running Southerly by land of said DeGrace,two hundred (200) feet to the point of beginning. For title see deed dated December 19, 2001 and recorded with the Barnstable County Registry of Deeds in Book 14599,Page 144. Bk 16931 P9317 458440 Witness my ha and seal this' y day of Wr-1 ,2003 Centerville,LLC as eneral Partner of The Strawberry Limited Partnership by THOMAS CAPIZZI,JR.,member The Commonwealth of Massachusetts Barnstable,ss. r , 2003 Then personally appeared the above named THOMAS,�APIZZI, JR., as aforesaid, and acknowledged the foregoing instrument to be his free act and ed b e e. otary Public My Commission expires: RO13ERfiA L. LAWRENCE Notary Public, State of Florida My comm. exp. Oct. 27, 2006 Witness my hand and seal thip,) day of ,2003 Comm. No. DO 161212 I ` Centervi L s eneral Partn of The Strawberry Limited Partners ip by MARY A. CAPIZZI,member State of Florida C t ,ss. 2003 Then personally appeared the above named MARY A. CAPIZZI, as aforesaid, and acknowledged the foregoing instrument to be helotary t and deed b re e. Public My Commission expires: ROBERTA L. LAWRENCE Notary Public, State of Florida My comm. exp. Oct.27,2006 Comm. No. DD 161212 BARNSTABLE REGISTRY OF DEEDS 04-24- 1998 i--i! U J = 26 Declaration of Trust Capizzi Family Investment Trust A Nominee Trust We, THOMAS CAPIZZI, JR. and MARY A. CAPIZZI, hereby agree and declare that we and our successors in trust hereunder will hold any and all property that may be conveyed to us, or to them as Trustees hereunder, for the sole benefit of the beneficiaries for the time being hereunder, upon the terms herein set forth. The term, "Trustees" wherever used herein shall include such person or persons, singular or plural, who hereafter are serving as Trustee or Trustees hereunder, and the rights, powers, authority, and privileges granted hereunder to the Trustees may be exercised by such person or persons subject to the provisions hereof. Notwithstanding anything in our trust to the contrary, when we are serving as Trustees under our trust, either of us may act for and conduct business on behalf of our trust as a Trustee without the consent of any other Trustee; Section 1. Our Trust The trust hereby established is named, "THE CAPIZZI FAMILY INVESTMENT TRUST," dated December 15, 1997. The original beneficiaries of this trust are the persons listed as beneficiaries in the Schedule of Beneficiaries this day executed by them and the Trustees and filed with the Trustees, and their interests are there stated. The Schedule of Beneficiaries shall be amended from time to time in order to reflect any change in the identity of the beneficiaries or their respective interests hereunder. No assignment or transfer of any beneficial interest may be made without the written consent of the Trustees. The Trustee shall not be affected by an assignment or transfer of any beneficial interest in the trust property until receipt by the Trustees of notice that such an assignment or transfer has in fact been made, nor shall the Trustees be required to recognize any equity to which any beneficial interest may be subject. Any Trustee may without impropriety become a beneficiary hereunder and exercise all rights of a beneficiary with the same effect as though he were not a Trustee. The requirement of the existence of the Schedule of Beneficiaries shall not affect the authority of a Trustee to deal with any third parties hereunder, nor shall any third party dealing with a Trustee be required to inquire as to the consent of the beneficiaries to any action taken by the Trustee pursuant to the terms of this Trust; nor shall the Trustee disclose the identity of any beneficiary hereunder without the written consent of such beneficiary. I 282E:h The Trustee shall hold the property transferred to the trust for the benefit of the beneficiaries. The Trustee shall pay over to, or apply for the benefit of the beneficiaries so much of the trust property as the beneficiaries may request, in accordance with the amounts and the proportions of the beneficiaries' interests as set forth on the Schedule of Beneficiaries. Section 2. Appointment of Successor Trustees Any Trustee hereunder may resign by written instrument signed and acknowledged by such Trustee and recorded with the Registry or Registries of Deeds in which this trust may be recorded. If there is no such recording of this Trust, a copy of said instrument shall be submitted to each beneficiary hereunder. a. Disability Trustees of THOMAS CAPIZZI, JR. Upon the disability of THOMAS CAPIZZI, JR., MARY A. CAPIZZI shall serve as disability Trustee. If the nondisabled Trustmaker is then serving as a Trustee, she shall continue to serve upon the disability of THOMAS CAPIZZI, JR.. If the disability Trustee is unwilling or unable to serve, or cannot continue to serve for any other reason, then the following shall be named as replacement disability Trustees: THOMAS CAPIZZI, SR., and BANKBOSTON, or the survivor of them b. Disability Trustees of MARY A. CAPIZZI Upon the disability of MARY A. CAPIZZI, THOMAS CAPIZZI, JR. shall serve as disability Trustee. If the nondisabled Trustmaker is then serving as a Trustee, he shall continue to serve upon the disability of MARY A. CAPIZZI. If the disability Trustee is unwilling or unable to serve, or cannot continue to serve for any other reason, then the following shall be named as replacement disability Trustees: THOMAS CAPIZZI, SR., and BANKBOSTON, or the survivor of them 2 f 26 2!:—;G c. Death Trustees of THOMAS CAPIZZI, .IR. On the death of THOMAS CAPIZZI, JR., the following death Trustees shall replace all of his initial Trustees, if they are then serving, or all of the disability Trustees, if they are then serving: MARY A. CAPIZZI and BANKBOSTON, or the survivor of them d. Death Trustees of MARY A. CAPIZZI On the death of MARY A. CAPIZZI, the following death Trustees shall replace all of her initial Trustees, if they are then serving, or all of the disability Trustees, if they are then serving: THOMAS CAPIZZI, JR. and BANKBOSTON, or the survivor of them e. Unfulfilled Trusteeship In the event there exists any other vacancy in the Trusteeship, then a successor Trustee shall be appointed by the beneficiaries. Succeeding or additional Trustees may be appointed as hereinabove provided, or any Trustee may be removed by written notice to the Trustee who is appointed or removed, signed by the beneficia- ries and filed with the records of the trust; provided, however, that such document need not be recorded in any Registry of Deeds where this trust is recorded, and provided further, that any change in the office of Trustee shall be recorded by the successor Trustee in accordance with the provisions of Section 8 below. Upon the succession or the appointment of any succeeding Trustee, the title to the trust property shall thereupon and without the necessity of any conveyance be vested in said succeeding Trustee, jointly with the other Trustees, if any. Each succeeding Trustee shall have all rights, powers, authority, and privileges as though named original Trustees hereunder. Section 3. The Definition of Our Disability Our disability, for purposes of this agreement, shall be defined as follows: a. The Opinion of Two Licensed Physicians A Trustmaker shall be deemed disabled during any period when, in the opinion of two licensed physicians, a Trustmaker is incapacitated or disabled because of illness, age, or any other cause which results in the Trustmaker's inability to effectively manage his or her property or financial affairs. 3 BI< = 1 1 ' ??— 1SA 2t42�—S-6 b. Court Determination A Trustmaker shall also be deemed to be disabled upon the determination of a court of competent jurisdiction that a Trustmaker is incompetent, incapacitated, or otherwise legally unable to effectively manage his or her property or financial affairs. c. Disappearance or Absence A Trustmaker shall be deemed to be disabled upon the unexplained disappearance or absence of a Trustmaker, or if a Trustmaker is being detained under duress where the Trustmaker is unable to effectively manage his or her property or financial affairs. Section 4. Powers of the Trustees Except as hereinafter provided in the case of the termination of this trust, the Trustees shall have full power to deal in or with the trust. The Trustees shall have full power to purchase, invest, reinvest, hold, manage, and improve any and all kinds of real property and personal property at any time and shall have full power and authority: a) to lease the same or any portion thereof from time to time for a term of years or lesser term; and to sell and convey or contract for the sale or conveyance of the whole or any portion thereof by public auction or private sale, for cash or credit, including the power to accept as part of the purchase price of any sale or transaction hereunder the note of the purchaser or purchasers secured by a mortgage or pledge of the property or properties so sold or conveyed and made payable to the Trustees hereunder; to mortgage or pledge the whole or part hereof with or without power of sale; to let, exchange, and make division or partition of any portions or the whole thereof; to survey the land and plot the same; to lay out and appropriate any portion thereof for roads, sewers, or other conveniences, to erect buildings thereof, to straighten lot or boundary lines, and for this purpose to acquire, exchange, lease or purchase other lands, and otherwise improve any of the property; and in general to deal with the said property or properties as though it were their property individually; b) to subject the trust property or any portion thereof to easements, servitudes, restrictions, or conditions; c) to assign, extend, discharge, make entry or foreclose any mortgage held hereunder, or to give a partial release or releases therefrom; d) to represent the beneficiaries under this trust in all suits or legal proceedings in any court of law or in equity, or before other bodies or tribunals, to employ counsel and commence suits or proceedings at law or in equity, and to compromise or submit to arbitration, all matters in dispute to which the trust or said Trustees may be a party; 4 B1:c z 1 I 3 i 7— 1 99 28256 e) to borrow money on the faith and credit of the trust estate, and to secure the payment thereof, to pledge or give mortgages or other security with or without power of sale upon the real estate or personal property belonging to the trust estate, giving therefor any note or notes as Trustees hereunder; f) to invest, and reinvest any money they may have in real estate or mortgages or other property, including securities, or to lend the same on,reasonable security and to determine whether any money or things shall, for the purpose of these presents, be considered as capital or income, also to determine what constitutes the net income of any year or half year or other period of time, and to determine whether any expenses shall be borne by the capital or income; g) to receive and receipt for any and all monies or debts due to the trust; h) to pay all charges and expenses incidental to the formation of this trust and to pay all charges, taxes, liens, or expenses incidental to the proper management of the same; and to employ lawyers, clerks, agents, or servants and such other assistance as they may think best; i) to sign, execute, acknowledge, and deliver any and all notes, deeds, mortgages, contracts, or other instruments necessary or requisite to the proper execution and accomplishment of any of the powers or purposes of this trust. No Trustee shall be required to take any action so directed which will in the opinion of such Trustee involve him in any personal liability unless first indemnified to his satisfaction. Any person dealing with the Trustees shall be fully protected in accordance with the provisions of Section 8 hereof. Section 5. Direction of Payments The Trustee or Trustees are directed to pay any insurance proceeds that are received by them as Trustees under this agreement to the beneficiaries in a manner that will minimize estate taxes and best carry out the estate planning objectives of the beneficiaries. Section 6. Termination of This Trust Unless terminated prior thereto, this trust shall terminate in any event twenty (20) years after the death of the survivor of the original Trustee hereinabove named and the last successor Trustee named in Section 2 above. Upon such termination, the then Trustee shall transfer and convey the trust property, subject to any leases, mortgages, contracts or other encumbrances thereon, to the then beneficiaries hereof as tenants in common unless otherwise provided in the Schedule of Beneficiaries, in proportion to their respective interests. 5 II l3k = 1 13?7-200 2r2-6 Section 7. Filing or Recording of This Trust This Declaration of Trust shall be filed or recorded with the Registry of Deeds or a similar recording office in the county or city wherein real estate held by this trust is located. Any reference to the "Registry of Deeds" shall wherever permitted by the context be construed to refer to the said Registry of Deeds or similar recording office in the county or city wherein real estate held by this trust is located. Any Trustee may resign by written instrument signed and acknowledged by such Trustee and filed for record with the said Registry of Deeds. Any succeeding or additional Trustee may be appointed or any Trustee may be removed by an instrument or instruments in writing signed by all of the beneficiaries, provided in each case that such instrument or instruments or a certificate by any Trustee naming the Trustee or Trustees appointed or removed, and in the case of any appointment the acceptance in writing by the Trustee or Trustees appointed, shall be filed for record with said Registry of Deeds. Upon the appointment of any succeeding Trustee, the title to the trust estate shall thereupon, and without the necessity of any conveyance, be vested in said succeeding Trustee jointly with the remaining Trustee or Trustees, if any. Each succeeding Trustee shall have all the rights, powers, authority, and privileges as if named as an original Trustee hereunder. No Trustee shall be required to furnish bond. This trust instrument may be amended from time to time or terminated by an instrument in writing signed by the then Trustee(s) hereunder and by all of the beneficiaries; provided, however, that in each case the instrument setting forth the terms of such amendment shall be filed for record with the said Registry of Deeds. No such amendment shall in any way change any beneficial interest in this trust without the prior written consent of all the beneficiaries. Section 8. Liability of Trustees No Trustee hereunder shall be liable for any error or judgment nor for any loss arising out of any act or omission in good faith, but shall be responsible only for his own willful breach of trust. No license or court order shall be requisite to the validity of any transaction entered into by the Trustees. No purchaser or lender shall be under any liability to see to the application of the purchase money or of any money or property loaned or delivered to any Trustee or to see that the terms and conditions of this trust have been complied with. Any party dealing with the trust property or with the Trustee may always rely, without further inquiry, upon any agreement, lease, deed, mortgage, trustee certificate or other instrument executed by any Trustee who, according to the records of the Registry of Deeds in which this trust is recorded (or in the event this trust is not so recorded then according to the records of the trust), is shown to be the Trustee or one of the Trustees hereunder, and such executed document shall be conclusive evidence in favor of every person relying thereon or claiming thereunder. For purposes of this trust, the term "trustee certificate" includes any certificate signed by a Trustee (including a successor Trustee) and certifying as to the existence or non-existence of 6 Parcel Lookup Page 1 of 1 , s w ��' XIASlil _� k a wit 6 .."Ai. ... Y § I r >•✓..., < vier Logged In As: Parcel Lookup Wednesday, )anua Road Lookup Condo Lookup Search Options Owner ' Search By 5 Owner Name capizzi �Seareh <Prev Next> Page 1 'of 1 Rows/Page Parcel Location Owner 1 289-176 9 SIMMONS POND CIRCLE CAPIZZI, SALVATORE & BASILIA TRS 030-126 90 HEAD OF THE POND LANE CAPIZZI, THOMAS &JEANNE 024-041-001 4591 FALMOUTH ROAD/RTE 28 CAPIZZI, THOMAS &JEANNE TRS 024=041-002 4575 FALMOUTH ROAD/RTE 28 CAPIZZI, THOMAS TRS & 024-041-003 1645 SANTUIT-NEWTOWN ROAD CAPIZZI, THOMAS TRS & http://issgl/intranet/propdata/lookup.aspx 1/25/2006 Uk 20239 Ps 314 4ar-6274.4 09-0$-200-5 a DECLARATION OF TRUST ESTABLISHING SANTUIT REALTY TRUST Thomas Capizzi, Jr. (hereinafter collectively the "Trustee"), hereby declares that any and all property and interest in property, real and personal, that may be acquired hereunder (the "Trust Estate") shall be held in trust, solely as nominee, for the sole benefit of the individuals or entities listed in the Schedule of Beneficiaries and filed with the Trustee with receipt acknowledged by at least one Trustee(hereafter,as it may be amended, "Schedule of Beneficiaries"). SECTION ONE Name and Purpose 1.1 This Trust shall be known as SANTUIT REALTY TRUST and is intended to be a nominee trust, so-called, for federal and state income tax purposes and to hold record legal title to the Trust Estate and perform such functions as are necessarily incidental thereto. The trust shall have a mailing address of 1645 Santuit Newtown Road,Cotuit,Massachusetts 02635. SECTION TWO Trustees 2.1 In the event that there are two Trustees,ANY ONE TRUSTEE may execute any and all instruments and certificates necessary to carry out the provisions of the Trust. In the event there are more than two Trustees, ANY TWO TRUSTEES, except as otherwise provided in Paragraph 7.2, may execute such instruments and certificates necessary to carry out the provisions of the Trust. 2.2 No Trustee shall be required to furnish bond. No Trustee hereunder shall be liable for any action taken at the direction of the Beneficiaries,nor for any error of judgment nor for any loss arising out of any act or omission in the execution of the Trust so long as acting in good faith,but shall be responsible only for his or her own willful breach of trust. No license of court shall be requisite to the validity of any transaction entered into by the Trustees. No purchaser, transferee, pledgee, mortgagee or other lender shall be under any liability to see to the application of the purchase money or of any money or property loaned or delivered to any Trustee or to see that the terms and conditions of this Trust have been complied with. Every agreement, lease, deed, mortgage, note or other instrument or document executed or action taken by the person or persons appearing from the records of the Registry of Deeds to be Trustees, as required by Paragraph 2.1, shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that at the time of the delivery thereof or taking of such action this Trust was in full force and effect, that the execution and delivery thereof or taking of such action was duly authorized, empowered and directed by the Beneficiaries. SANTUIT REALTY TRUST Page 1 of 5 c. Bk 20239 Pg 315 #62744 2.3 Any person dealing with the Trust Estate or the Trustees may always rely without further inquiry on a certificate signed by the person or persons appearing from the records of the Registry of Deeds to be Trustees, as required by Paragraph 2.1, as to who are the Trustees or the Beneficiaries hereunder or as to the authority of the Trustees to act or as to the existence or nonexistence of any facts which constitute conditions precedent to action by the Trustees or which are in any other manner germane to the affairs of the Trust. Execution, delivery or recording of such certificate shall not be a condition precedent to the validity of any transaction of the Trust. SECTION THREE Beneficiaries 3.1 The term 'Beneficiaries" shall mean the persons and entities listed as Beneficiaries in the Schedule of Beneficiaries executed and delivered as provided above and the respective interests of the Beneficiaries shall be as therein stated. 3.2 Decisions made and actions taken hereunder(including without limitation, amendment and termination of this Trust; appointment and removal of Trustees; directions and notices to Trustees; and execution of documents) shall be made or taken, as the case may be, by all of the Beneficiaries. 3.3 Any Trustee may without impropriety become a Beneficiary hereunder and exercise all rights of a Beneficiary with the same effect as though he or she or it were not a Trustee. The parties hereunder recognize that if a sole Trustee,and a sole Beneficiary are one and the same person,legal and equitable title hereunder shall merge as a matter of law. SECTION FOUR Powers of Trustees 4.1 The Trustee shall hold the principal of this Trust and receive the income therefrom for the benefit of the Beneficiaries, and shall pay over the principal and income pursuant to the direction of all of the Beneficiaries and without such direction shall pay the income to the Beneficiaries in proportion to their respective interests. 4.2 Except as hereinafter provided in case of the termination of this Trust, the Trustees shall have no power to deal in or with the Trust Estate except as directed by all of the Beneficiaries. When, as, if and to the extent specifically directed by all of the Beneficiaries, the Trustees shall have the following powers: 4.2.1 to buy, sell, convey, assign, mortgage or otherwise dispose of all or any part of the Trust Estate and as landlord or tenant execute and deliver leases and sub-lease; SANTUIT REALTY TRUST Page 2 of 5 .t Bk 20239 Pg 316 #62744 4.2.2 to execute and deliver notes from borrowing for the Beneficiaries; 4.2.3 to grant easements or acquire rights or easements and enter into agreements and arrangements with respect to the Trust Estate; 4.2.4 to endorse and deposit checks in an account for the benefit of the Beneficiaries. Any and all instruments executed pursuant to such direction may create obligations extending over any periods of time, including periods extending beyond the date of any possible termination of the Trust. A direction to the Trustees by the Beneficiaries may be by a Durable Power of Attorney. 4.3 Notwithstanding any provisions contained herein, no Trustee shall be required to take any action which will, in the opinion of such Trustee, involve the Trustee in any personal liability unless first satisfactorily indemnified. 4.4 All persons extending credit to, contracting with or having any claim against the Trustees shall look only to the funds and property of this Trust for payment of any contract, or claim, or for the payment of any debt, damage,judgment, or decree, or for any money that may otherwise become due or payable to them from the Trustees, so that neither the Trustees nor the Beneficiaries shall be personally liable therefor. If any Trustee shall at any time for any reason (other than for willful breach of trust) be held to be under any personal liability as such Trustee, then such Trustee shall be held harmless and indemnified by the Beneficiaries,jointly and severally, against all loss,costs, damages,or expense by reason of such liability. SECTION FIVE Termination 5.1 This Trust may be terminated at any time by notice in writing from all of the Beneficiaries, provided that such termination shall be effective only when a certificate thereof signed by the Trustees, shall be recorded with the Registry of Deeds. Notwithstanding any other provisions of this Declaration of Trust, and consistent with the intention of the undersigned that this Trust not violate the Rule Against Perpetuities, this Trust shall terminate in any event TWENTY (20)years from the date of death of the last surviving Trustee of the original Trustees named in this instrument. 5.2 In the case of any termination of the Trust, the Trustees shall transfer and convey the specific assets constituting the Trust Estate, subject to any lease, mortgages, contracts or other encumbrances on the Trust Estate, to the Beneficiaries as tenants in common in proportion to their respective interests hereunder, or as otherwise directed by all of the Beneficiaries, provided, however,the Trustees may retain such portion thereof as is in their opinion necessary to discharge any expense or liability,determined or contingent,of the Trust. SANTUIT REALTY TRUST Page 3 of 5 r Bk 20239 Pg 317 #62744 SECTION SIX Amendments 6.1 This Declaration of Trust may be amended from time to time by an instrument in writing signed by all of the Beneficiaries and delivered to the Trustees, provided in each case that the amendment shall not become effective until the instrument of amendment or a certificate setting forth the terms of such amendment, signed by the Trustees,is recorded with the Registry of Deeds. SECTION SEVEN Resignation and Successor Trustee 7.1 Any Trustee hereunder may resign at any time by an instrument in writing signed and acknowledged by such Trustee and delivered to all remaining Trustees and to each Beneficiary. Such resignation shall take effect on the later of the date specified therein or the date of the recording of such instrument with the Registry of Deeds. 7.2 Succeeding or additional Trustees may be appointed or any Trustee may be removed by an instrument or instruments in writing signed by all of the Beneficiaries,provided in each case that a certificate signed by ANY TRUSTEE naming the Trustee or Trustees appointed or removed and, in the case of an appointment,the acceptance in writing by the Trustee or Trustees appointed,shall be recorded in the Registry of Deeds. Upon the recording of such instrument, the legal title to the Trust Estate shall, without the necessity of any conveyance, be vested in said succeeding or additional Trustee or Trustees,with all the rights,powers, authority and privileges as if named as an original Trustee hereunder. 7.3 In the event that there is no Trustee, either through the death or resignation of a sole Trustee without prior appointment of a successor Trustee or for any other cause, a person purporting to be a successor Trustee hereunder may record in the Registry of Deeds an affidavit, under pains and penalties of perjury, stating that he or she has been appointed by all of the Beneficiaries a successor Trustee. Such affidavit, when recorded together with an attorney's certificate under M.G.L. c. 183 Section 5B, stating that such attorney has knowledge of the affairs of the Trust and that the person signing the affidavit has been appointed a Trustee by all of the Beneficiaries, shall have the same force and effect as if the certificate of a Trustee or Trustees required or permitted hereunder had been recorded and persons dealing with the Trust or Trust Estate may always rely without further inquiry upon such an affidavit as so executed and recorded as to the matters stated herein. SANTUIT REALTY TRUST Page 4 of 5 Bk 20239 Pg 318 #62744 SECTION EIGHT Governing Law 8.1. This Declaration of Trust shall be construed in accordance with the laws of the Commonwealth of Massachusetts. SECTION NINE Registry of Deeds 9.1 The term "Registry of Deeds" shall mean the Registry of Deeds or Registry District for the district in the Commonwealth of Massachusetts in which the real estate which is the subject of this Trust is located,and in which this Declaration of Trust is recorded or registered. SECTION TEN Other Provisions NONE Executed as a sealed instrument this_2_6 day of u d: ,2005. Thomas Capizzi, r., rustee COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this o? day of /`i Ux 0 b , 2005,before me,the undersigned notary public,personally appeared Thomas Capizzi,Jr., and proved to me through satisfactory evidence of identification, 4 0 a , opwv y - ,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Rico.-. Not Public: My commission expires: sDZ, 'y.�at� :xf : ;:��; SANTUIT REALTY TRUST Page 5 of 5 SAaKSTABLE REGISTRY OF DEEDS B€a 20239 Ps 314 jW1,62 r 44 09-08-2005 a 11213c DECLARATION OF TRUST ESTABLISHING SANTUIT REALTY TRUST Thomas Capizzi, Jr. (hereinafter collectively the "Trustee"), hereby declares that any and all property and interest in property, real and personal, that may be acquired hereunder (the "Trust Estate") shall be held in trust, solely as nominee, for the sole benefit of the individuals or entities listed in the Schedule of Beneficiaries and filed with the Trustee with receipt acknowledged by at least one Trustee(hereafter,as it may be amended, "Schedule of Beneficiaries"). SECTION ONE Name and Purpose 1.1 This Trust shall be known as SANTUIT REALTY TRUST and is intended to be a nominee trust, so-called, for federal and state income tax purposes and to hold record legal title to the Trust Estate and perform such functions as are necessarily incidental thereto. The trust shall have a mailing address of 1645 Santuit Newtown Road,Cotuit,Massachusetts 02635. SECTION TWO y Trustees 2.1 In the event that there are two Trustees,ANY ONE TRUSTEE may execute any and all instruments and certificates necessary to carry out the provisions of the Trust. In the event there are more than two Trustees, ANY TWO TRUSTEES, except as otherwise provided in Paragraph 7.2, may execute such instruments and certificates necessary to carry out the provisions of the Trust. 2.2 No Trustee shall be required to furnish bond. No Trustee hereunder shall be Iiable for any action taken at the direction of the Beneficiaries,nor for any error of judgment nor for any loss arising out of any act or omission in the execution of the Trust so long as acting in good faith,but shall be responsible only for his or her own willful breach of trust. No license of court shall be requisite to the validity of any transaction entered into by the Trustees. No purchaser, transferee, pledgee, mortgagee or other lender shall be under any liability to see to the application of the purchase money or of any money or property loaned or delivered to any Trustee or to see that the terms and conditions of this Trust have been complied with. Every agreement, lease, deed, mortgage, note or other instrument or document executed or action taken by the person or persons appearing from the records of the Registry of Deeds to be Trustees, as required by Paragraph 2.1, shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that at the time of the delivery thereof or taking of such action this Trust was in full force and effect, that the execution and delivery thereof or taking of such action was duly authorized, empowered and directed by the Beneficiaries. SANTUIT REALTY TRUST Page 1 of 5 i� �ppTHE rop, Town of Barnstable O Regulatory Services 9QBA MASS. " Thomas F.Geiler,Director -Op i6gq. ♦0 rp039. 1% 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 January 3, 2006 Mr. Thomas Capizzi Jr. 1634 Newtown Road Cotuit MA 02635. Re: Illegal Apartments—438 Craigville Beach Road Hyannis ,Ma. 0.2601 Map 246 Parcel 076 Dear Property Owner: Our records indicate that your house at the above-referenced location is currently being . used as a multi-family home, which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home plus single family cottage • Apply to the Amnesty Program • Prove that this is a legal multi-family home. Please contact this office immediately to tell us what direction you wish to take. S'ncer , Li Edson esty Program Zoning Officer gforms:zoning3 r Barnstable Assessing Search Results Page 2 of 2 2005 REAL ESTATE Tax Information: Tax Rate: (per$1,000 of valuation) Land Bank Tax $69.51 Town Fire District Rates Other 1 $6.05 Barnstable-Residential $2.12 Land B• Barnstable-Commercial $2.80 Hyannis FD Tax(Residential) $582.16 C.O.M.M.-All Classes $1.01 Cotuit FD-All Classes $1.28 Town Tax(Residential) $2,317.15 Hyannis-Residential $1.52 Hyannis-Commercial $2.39 W Barnstable-Residential $1.44 W Barnstable-Commercial $2.10 Total: $2,968.82 Due to rounding differences these values may vary Land and Building Information Land Building Lot Size(Acres) 0.57 Year Built 1955 Appraised Value $ 187,200 Living Area 828 Assessed Value $ 187,200 Replacement Cost$ 108,745 Depreciation 21 Building Value 195,800 Construction Details Style Ranch Interior Floors Carpet Model Residential Interior Walls Drywall Grade Average Heat Fuel Oil Stories 1 Story Heat Type Hot Water Exterior Walls Vinyl Siding AC Type None Roof Structure Gable/Hip Bedrooms 2 Bedrooms Roof Cover Asph/F GIs/Cmp Bathrooms 2 Bathrooms Total Rooms 5 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.bamstable.ma.us/Assessing/Assess05/displayparce103.asp?mappar=24607... 1/3/2006 Barnstable Assessing Search Results Page 2 of,2 Town Tax $2,182.62 Town Fire District Rates Other Rates 6.61 Barnstable 2.01 Land Bank 3%of Town Tax Hyannis FD Tax $670.31 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $65.48 Hyannis 2.03 West Barnstable 1.36 Total: $2,918.41 Due to rounding differences these values may vary Land and Building Information Land Building Lot Size(Acres) 0.57 Year Built 1955 Appraised Value $ 187,200 Living Area 828 Assessed Value $ 187,200 Replacement Cost$88,340 Depreciation 21 Building Value 143,000 Construction Details Style Ranch Interior Floors Carpet Model Residential Interior Walls Typical Grade Average Heat Fuel Oil Stories 1 Story Heat Type Typical Exterior Walls Vinyl Siding AC Type None Roof Structure Gable/Hip Bedrooms 2 Bedrooms Roof Cover Asph/F GIs/Cmp Bathrooms 2 Bathrooms Total Rooms 5 Rooms Extra Building Features Code Description Units/SO 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.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing... 8/19/2004 Building Department ComplainVInquiry Report Datc: �a �� Rec'd by: Assessor's No.:--- — Complaint Name: Location _ Address: M/P Originator Name: Street Village. State Zip: Telephone:D/E Complaint Description Inquiry 0 Description: For Office Use Only Inspector's 8 Inspe� m or Action/Comments Date• _ ` � / - 110 rs -� o, 7_ Follow-up Action Addidonal Info. Attached Cop},Distribution: White-Depa=ent Fide Yeddow-Inspector pink-Inspector(Return to office Manager) L� I August 6, 2001 Ms. Gloria Urenas Building Inspection Dept. 367 Main St. Hyannis, MA 02601 —Re:_438.Craigville Beach Rd., W. Hyannisport_ Dear Ms. Urenas: As a follow up to our conversation regarding the "two family" use of 438 Craigville Beach Rd, on Thursday, August 2, there were six cars all with Mass. Plates parked overnight- 3597KB 8626FR 38835N 801YLI 431700 9124MY On Friday, August 3,there were seven cars parked overnight and on Saturday, August 4, there were again seven cars parked overnight. When the previous owner, Mr. Becal, bought the property, he said he was having two families live there and the rest were called "borders" as a way of circumventing the zoning restrictions. What would be the next procedure for compliance? Thank you for your help last week. Sincerely yours, I Jim Triant 424 Craigville Beach Rd. W. Hyannisport,MA 02672 -v"E rO'ytio Department of Health Safety and Environmental Services Building Division BMARMNsrnat.e. = 367 Main Street,Hyannis MA 02601 Muss. 9 1639. ��FO MA't A Ralph Crossen Office: 508-862-4038 Building Commissioner Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION ' , ��) Please Print DATE: Z i 1 JOB LOCATION: vi ge number street "HOMEOWNER": home phone# work phone# name CURRENT MAILING ADDRESS: l �c C U =: A E n 1 5 /`4 Z�0 city/to state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided pr that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or-intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A pers(,n who constructs more than one-home in a two-year period shall not be considered a homeowner. Such'!homeowner"shall submit to.theBuilding Official on a-form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility forcompliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements'and that he/she will comply with said procedures and requ' ements. Signature of Ho 0 Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/lie:responsibilities,m;::ry communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a nd and adopt such a form/certif[cation for use in your community. form currently used by several towns. You may care to ame Q:FORMS:EXEMPTN OF THE Tp� The Town of Barnstable 9q,A MASS. �� Regulatory Services rEo►��' Thomas F. Geiler, Director Building Division Ralph Crossen,Building Commissioner 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Fax:' 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not-more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: u'cLh A— YO 0"� Estimated Co&,<J " Address of Work: Owner's Name: Date of Application: I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law EJob Under$1,000 OBuilding not owner-occupied -.2owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM-OR GUARANTY FUND UNDER MGL c. 142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. OR Date Owner's Name q:forms:Affidav -- 1 _ ine y - Department of Industrial Accidents Office vtJJIVestfgetfoos _—_—_: 600 Washington Street Boston,Mass. 02111 s' Compensation Insurance Affidavit loca• v J rri hone#am : homeowner perfa g all rk myself. a:.. a sole 2roorietor:,.wd have no one worldng in any capacity ,,,,,,;,,,,,,,,• %%%/�%//%%////%/// J//// %///%/////%%%/%/%%��/%%%%%�%%�.�//./i;,,,,;,>,,, [ am an --nmover providing workers' compensation for my employees working on thus 'ob. comninv name: : ..: ::..:..::.. ..::..:::...: addresrz: hone# cit<- oiicv#: �%iii::: .;;;,.:..,iiii.� am a sole proprietor, ;eneral contractor. or homeoOsu wner(circle one)and have hired the contractors listed beloti� have the ioilmiine workers" compensation polices: comn::m•name: addreQY: :...:. : . .... ... . ;.:.:. ..... hone#.:. ::::>.:;•:::;<''- �: •. city: comnnm• name addr^-s <: hone# _. _. :. z,- - Faiiurc to 3 ecurr covetsge as required under Section 25A of MGL 152 can lad to the imposition of criminal penalties of a fine up to S1°00.0 an one sears imprisonment as well as civil penalties in the form of a STOP NvORK ORDER and a ane of S10o.00 a day against me. I understand L copy n i Ow statement may be forwarded to the OtIIce of Investigations of thrflIA for coverage verification. I do i:erebt•rertifi•under the pains and penalties of perjury that the information provided above is true and correct ------------ Date e` phone# e � � „�tic-i t�se ttni` do not write in this area to be completed by city or town ofIIcial permitlllcense# ❑Building Department :} :itti•nrtmvn: ❑11censing.Board ❑Selectmen`s Ulttce .ter i,if L•nmcaiate response is required ❑Health Department ❑t?ther phone#• ;unc�ct rcr�nn: •� Information and Instructions Laws chapter 152 section 25 requires all employers to pro�zde Q�1C workers'of another unu� law„ an employee is defined as every person m th" s, e " Vr Jta eos �s quoted from the , . .�.. f.. ess or .L imniied. oral or written. , association, corporation or other legal entity, or any'rn o or more �mn:c,i'cr:s derined as an.individual partnership rP : .�.. �_sed in a joint enterprise, and including the legal representatives of a d'..eased ernployer, or the _c _ emplov�es. However the oR�.�r of a u'V 'c.__ - - ��hip, association or other lespil emery, emplovuig " --jmvidua) p aranettts and�:ho resides therein, or the occuDatlt of the dweiiing house c: ='. saving not more than three ap ��-:,•ro r nnioys persons to do atainten�ce , c°nstruction or repair work on such dwelling house or on the mom"•== ano'W". 10 be deemed to be an eitlployer. buiiain_ appur"�thereto shall not because of such emp ymeat section 25 also stales that every state or Local licensing agency shall withhold the anyissuance who h o;a i;cc::sa or permit to operate a business or to construct buildings in the commonwealth applicant not pro,,u.- a rcceptable evidence of compliance with the insurance coverage required. Additionaiir; n = W subdivisions shall enter into anY con Tact for the perfornzan"V or-public R or w c - nth nor any of its olitical es meted to the cc�:7 P � - -^ e••idr:ce of compliance with the insurance regWrements of this chapter have oeeh pr blV :au. orILS'. PERWIRi/�//�,, yyy' j 11 ` attar a$davit completely, by checking the box that plies to your situation:.nd `� ':workers' �;^...'' Ce in �." compeas hone numbers along with a ceruucate or"insur.�:.c.... . v names address and.p.... - piying cortlp3n confirmation of insurance coverage. Also b_-u-= �� rho ;Lemir'.ed to the D ar==of Indnstnal ACetdeats the,, ,c on for the=e:�'t°r fi��e is . retained to the city or town that ..I 1 The affidavit should b dents. Should you have any q:emons regarding t pan' or:. . ." In�usttial Accidents.r _ tys�ztt�f a beio;w. . aa.crt�tb..e��epax op .mot at the n�.Jmoer iis'�'.• ` ed to obtain a workers' W)mPimsadm Pdo° l Pic°cam? n" arty jj�/j/// /�'° //i y;ty or Towns bl The Deparunent has provided a space at the bow. c- ;�r;�e de sure::,dt the affidavit is complete and printed lest y Pi=se ohs has to contact you regarding the appilc::tzz Office of investigate �, .;�:.i•it for:•ou to fill out in the event the c.,number. The affidavits may be . --- besure to nil is the permitlticense member which will be used as a refm= Denartnient by mad or FAX unless other arrang= have been • ��iyce of Investigations would like to thank you in advance for you coopati eron and should you have any aL c - :se do rot hesitate m give us a call. r rr . ..........w- ..,......... //// //// NO De..3i,,.._ ...'s ariaress,telephone and fax mmnber. ---.'— The Commonwealth Of Massachusetts Department of Industrial accidents 0111Ce of Investigations 600;,zhington JStreet Boston; Ma. 02111 far#: (617) 727-7749 phone #: (617) 7274900 evt. 406, 409 or 375 a 1 1787 /25/00 > 246 076 StevensR.:: .:.:::.:::.::.:.::::.:.::.::... M C T.an•e Costa�wille Beach Road P :: MVISRT::. HYA O ........................... .. : ..:: . ...::::. . ...... ::..:..:....:::. AnonY mous KxM Renovations beingdone without o ermi . L ti C� Z r w� G p 1 ' <<< .: ; _`: ------------------------------- BILL INQUIRY --------------------------------- )Action: Find Next Prev Browse History Detail C=Notes/Spec-Cond . . . 1 ( Query the receivables file. I 1 Year Type Bill # Cust # Name Notes/Special Cond? Y 1 11999 RE-R 6320 95089 COSTA, MARIE T I I I Parcel ID Property Loc/Ref Parcel ID I 1 246-076 438 CRAIGVILLE BEACH ROAD 246076 I I Int Date Billed Abt/Adj Pmts/Credits Interest Unpaid bal 11 12/22/98 1, 179. 79 . 00 1, 179. 79 . 00 . 00 1 12 05/13/99 1, 313. 40 . 00 1, 313. 40 . 00 . 00 1 13 I 14 I 1 Fees: . 00 . 00 . 00 . 00 . 00 1 I Totals: 2, 493._1.9 . 00 2, 493 . 19 . 00 . 00 1 I JAN 1 Owner: [W—HYANNISPORT, OSTA, MARIE_T Discount . 00 1 1 Mail Addr/Tel 0 BOX 244�� Due 09/25/00 00 1 1 MA 02672---7 Per Diem . 00 1 1 Int Paid . 00 1 1 1 of 7 1 +------------------------------------------------------------------------------+ +------------------------------ BILL INQUIRY --------------------------------+ +----=-------------------------------------------------------------------------+ . (Action: Next Prev A=Cust-File Detail C=Notes/Spec-fond Exit 1 ( Display next page of bills. I Parcel 246-076 Effective Date 09/25/2000 1 1 Location 438 CRAIGVILLE BEACH ROAD 1 Name ** VARIOUS ** Notes/Special Cond? ,Y 1 1 Year Type Orig Billed Activity Unpaid Bal Due Now NSC 1 11 1999 RE-R 2493. 19 2493 . 19 . 00 . 00 1 12 2000 RE-R 2658 .76 -2658 . 76 . 00 . 00 i 13 2001 RE-R 1329. 39 . 00 1329. 39 1329. 39 1 14 1998 RE-R 2359. 57 -2359 . 57 . 00 . 00 1 15 1995 RE-R 2098 . 11 -2098 . 11 . 00 . 00 1 16 1996 RE-R 2194 . 72 -2194 . 72 . 00 . 00 1 17 1997 RE-R 2248 . 08 -2248 . 08 . 00 . 00 1 18 I 19 I i 1 Total 'Due Now 1329. 39 1 1 Total Payment 1 -------------------------------------------------------------------------------+ r +--------------- SPECIAL CONDITIONS/NOTES FILE MAINTENANCE ------------------+ IV I I I Start date [ p Clerk [ ] I +----------------------------------------------------------------------------+ 1 IlAction: Output Exit II IlOutput the browse page (s) . II _______________________________________________________________ 11 II Entry Date Code Notes II II ---------- ------ ------------------------------------------------------ II Ill 08/15/2000 TT ADD. TO TT 8/14/2000. II 112 II 113 II 114 II 115 II 116 II 117 II 118 II 119 II 110 II II Page 1 of 1 II ++----------------------------------------------------------------------------++ TOWN OF BARNSTABLE BUILDING PERMIT,APPLICATION Map— Parcel `7 Permit# 4jq Health Division Q n Date Issued 'Z Conservation Division Fee Tax Collector A`& S G SEPTIC SYSTEM MUST BE • - INSTALLED IN COMPLIANCE Treasurer WITH TITLE 5 ENVIRONMENTAL CODE AND Planning Dept. TOWN REGULATIONS Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address Village � _ �t 2 ��G I YA-AJ N I S POALi Owner j 1 , � _c,a�( Address y l.l�i�'c u 4-44 Telephone Permit Request o bm bi jo k uA Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Valuation #a��00 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 i �v Historic House: ❑Yes plo On Old King's Highway: ❑Yes �Ao Basement Type:16IFull ❑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 g' new First Floor Room Count Type P� Heat T and Fuel: Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes �d_No Fireplaces: Existing � _ New Existing wood/coal stove: ❑Yes o Detached garage:❑existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size Attached garage: ❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑ No If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name � Telephone Number Address License# Home Improvement Contractor# Worker's Compensation#ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO -A d f)aUo,,kh- ddn SIGNATURE F .�-= w - DATE �Gtr FOR OFFICIAL USE ONLY to PERMIT NO. DATE ISSUED. . s MAP/PARCEL NO" `fr ell ADDRESS r _ VILLAGE OWNER DATE OF INSPECTION: $= FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGII = FINAL PLUMBING: ROUGE "P�• FINAL GAS: ROUGH FINAL , FINAL BUILDING— act } F DATE CLOSED OUT i ASSOCIATION PLAN NO. f Complaint Number 1622 Taken bv; BLJ�LDI TG S RVIC S Date: 1 19 2000 . - � .=� -Map/parcel: Referred to: ' BUILDING VL - c .. SUBJECT OF COMPLAINT' � _ - r �. "Business/Occupant Name: t Number 438 Street: CRAIGVILLE BEACH RD. %Villa e `COMPLAINT`INFORMATION a m. w _ - Complainant's Name: Address: e Telephone Number:, _ ._ F _ :r x Complaint Description: rt CHECK TO SEE IF PROPERTY LEGAL THE _ l4 WAY IT IS NOW. _ n4 ev, - ., 7zgu a- Actions Taken/Results WILL DO RE-SE ARCH---SHOULD BE 2 FAMILY-1 MAIN HOUSE AND I COTTAGE. Yam_ e 3 Date Closed: e ,: !. . Em I � ".. I ll 41r IZ i I it - _ i •naxsTnai.$. Ar .,•�' The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 27, 1998 r Ms.Marie Costa_ - 7 a . 1438 Craigville Beach Road.1 Hyannis_MA 02601 RE: 438 Craigyille Beach Road.Hyannis.Mass.(Man#246/Parcel#076) Dear Property Owner: Our records indicate that your house at 438 Craigville Beach#Road is currently being used as a three- family home contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: 1) apply for a building permit to restore the property to a two-family home 2) apply to the Zoning Board of Appeals for a variance 3) prove that this is a legal three-family. You must contact this office immediately to tell us what direction you wish to take. Sincerely, qIP7 Gloria M.Urenas Zoning Enforcement Officer GMU/kl t980728a' I 04-24-- 1996 1=' (J CJ = 2 Declaration of Trust Capizzi Family Investment Trust A Nominee Trust We, THOMAS CAPIZZI, JR. and MARY A. CAPIZZI, hereby agree and declare that we and our successors in trust hereunder will hold any and all property that may be conveyed to us, or to them as Trustees hereunder, for the sole benefit of the beneficiaries for the time being hereunder, upon the terms herein set forth. The term, "Trustees" wherever used herein shall include such person or persons, singular or plural, who hereafter are serving as Trustee or Trustees hereunder, and the rights, powers, authority, and privileges granted hereunder to the Trustees may be exercised by such person or persons subject to the provisions hereof. Notwithstanding anything in our trust to the contrary, when we are serving as Trustees under our trust, either of us may act for and conduct business on behalf of our trust as a Trustee without the consent of any other Trustee; Section 1. Our Trust The trust hereby established is named, "THE CAPIZZI FAMILY INVESTMENT TRUST," dated December 15, 1997. The original beneficiaries of this trust are the persons listed as beneficiaries in the Schedule of Beneficiaries this day executed by them and the Trustees and filed with the Trustees, and their interests are there stated. The Schedule of Beneficiaries shall be amended from time to time in order to reflect any change in the identity of the beneficiaries or their respective interests hereunder. No assignment or transfer of any beneficial interest may be made without the written consent of the Trustees. The Trustee shall not be affected by an assignment or transfer of any beneficial interest in the trust property until receipt by the Trustees of notice that such an assignment or transfer has in fact been made, nor shall the Trustees be required to recognize any equity to which any beneficial interest may be subject. Any Trustee may without impropriety become a beneficiary hereunder and exercise all rights of a beneficiary with the same effect as though he were not a Trustee. The requirement of the existence of the Schedule of Beneficiaries shall not affect the authority of a Trustee to deal with any third parties hereunder, nor shall any third party dealing with a Trustee be required to inquire as to the consent of the beneficiaries to any action taken by the Trustee pursuant to the terms of this Trust; nor shall the Trustee disclose the identity of any beneficiary hereunder without the written consent of such beneficiary. 1 13 r'?- 1 SE; 2`�2�.6 The Trustee shall hold the property transferred to the trust for the benefit of the beneficiaries. The Trustee shall pay over to, or apply for the benefit of the beneficiaries so much of the trust property as the beneficiaries may request, in accordance with the amounts and the proportions of the beneficiaries' interests as set forth on the Schedule of Beneficiaries. Section 2. Appointment of Successor Trustees Any Trustee hereunder may resign by written instrument signed and acknowledged by such Trustee and recorded with the Registry or Registries of Deeds in which this trust may be recorded. If there is no such recording of this Trust, a copy of said instrument shall be submitted to each beneficiary hereunder. a. Disability Trustees of THOMAS CAPIZZI, JR. Upon the disability of THOMAS CAPIZZI, JR., MARY A. CAPIZZI shall serve as disability Trustee. If the nondisabled Trustmaker is then serving as a Trustee, she shall continue to serve upon the disability of THOMAS CAPIZZI, JR.. If the disability Trustee is unwilling or unable to serve, or cannot continue to serve for any other reason, then the following shall be named as replacement disability Trustees: THOMAS CAPIZZI, SR., and BANKBOSTON, or the survivor of them b. Disability Trustees of MARY A. CAPIZZI Upon the disability of MARY A. CAPIZZI, THOMAS CAPIZZI, JR. shall serve as disability Trustee. If the nondisabled Trustmaker is then serving as a Trustee, he shall continue to serve upon the disability of MARY A. CAPIZZI. If the disability Trustee is unwilling or unable to serve, or cannot continue to serve for any other reason, then the following shalt be named as replacement disability Trustees: THOMAS CAPIZZI, SR., and BANKBOSTON, or the survivor of them 2 BIB = 1 137 r— 19 r 26256 c. Death Trustees of THOMAS CAPIZZI, JR. On the death of THOMAS CAPIZZI, JR., the following death Trustees shall replace all of his initial Trustees, if they are then serving, or all of the disability Trustees, if they are then serving: MARY A. CAPIZZI and BANKBOSTON, or the survivor of them d. Death Trustees of MARY A. CAPIZZI On the death of MARY A. CAPIZZI, the following death Trustees shall replace all of her initial Trustees, if they are then serving, or all of the disability Trustees, if they are then serving: THOMAS CAPIZZI, JR. and BANKBOSTON, or the survivor of them e. Unfulfilled Trusteeship In the event there exists any other vacancy in the Trusteeship, then a successor Trustee shall be appointed by the beneficiaries. Succeeding or additional Trustees may be appointed as hereinabove provided, or any Trustee may be removed by written notice to the Trustee who is appointed or removed, signed by the beneficia- ries and filed with the records of the trust; provided, however, that such document need not be recorded in any Registry of Deeds where this trust is recorded, and provided further, that any change in the office of Trustee shall be recorded by the successor Trustee in accordance with the provisions of Section 8 below. Upon the succession or the appointment of any succeeding Trustee, the title to the trust property shall thereupon and without the necessity of any conveyance be vested in said succeeding Trustee, jointly with the other Trustees, if any. Each succeeding Trustee shall have all rights, powers, authority, and privileges as though named original Trustees hereunder. Section 3. The Definition of Our Disability Our disability, for purposes of this agreement, shall be defined as follows: a. The Opinion of Two Licensed Physicians A Trustmaker shall be deemed disabled during any period when, in the opinion of two licensed physicians, a Trustmaker is incapacitated or disabled because of illness, age, or any other cause which results in the Trustmaker's inability to effectively manage his or her property or financial affairs. 3 b. Court Determination A Trustmaker shall also be deemed to be disabled upon the determination of a court of competent jurisdiction that a Trustmaker is incompetent, incapacitated, or otherwise legally unable to effectively manage his or her property or financial affairs. c. Disappearance or Absence A Trustmaker shall be deemed to be disabled upon the unexplained disappearance or absence of a Trustmaker, or if a Trustmaker is being detained under duress where the Trustmaker is unable to effectively manage his or her property or financial affairs. Section 4. Powers of the Trustees Except as hereinafter provided in the case of the termination of this trust, the Trustees shall have full power to deal in or with the trust. The Trustees shall have full power to purchase, invest, reinvest, hold, manage, and improve any and all kinds of real property and personal property at any time and shall have full power and authority: a) to lease the same or any portion thereof from time to time for a term of years or lesser term; and to sell and convey or contract for the sale or conveyance of the whole or any portion thereof by public auction or private sale, for cash or credit, including the power to accept as part of the purchase price of any sale or transaction hereunder the note of the purchaser or purchasers secured by a mortgage or pledge of the property or properties so sold or conveyed and made payable to the Trustees hereunder; to mortgage or pledge the whole or part hereof with or without power of sale; to let, exchange, and make division or partition of any portions or the whole thereof; to survey the land and plot the same; to lay out and appropriate any portion thereof for roads, sewers, or other conveniences, to erect buildings thereof, to straighten lot or boundary lines, and for this purpose to acquire, exchange, lease or purchase other lands, and otherwise improve any of the property; and in general to deal with the said property or properties as though it were their property individually; b) to subject the trust property or any portion thereof to easements, servitudes, restrictions, or conditions; c) to assign, extend, discharge, make entry or foreclose any mortgage held hereunder, or to give a partial release or releases therefrom; d) to represent the beneficiaries under this trust in all suits or legal proceedings in any court of law or in equity, or before other bodies or tribunals, to employ counsel and commence suits or proceedings at law or in equity, and to compromise or submit to arbitration, all matters in dispute to which the trust or said Trustees may be a party; 4 I 2825)6 e) to borrow money on the faith and credit of the trust estate, and to secure the payment thereof, to pledge or give mortgages or other security with or without power of sale upon the real estate or personal property belonging to the trust estate, giving therefor any note or notes as Trustees hereunder; f) to invest, and reinvest any money they may have in real estate or mortgages or other property, including securities, or to lend the same on reasonable security and to determine whether any money or things shall, for the purpose of these presents, be considered as capital or income, also to determine what constitutes the net income of any year or half year or other period of time, and to determine whether any expenses shall be borne by the capital or income; g) to receive and receipt for any and all monies or debts due to the trust; h) to pay all charges and expenses incidental to the formation of this trust and to pay all charges, taxes, liens, or expenses incidental to the proper management of the same; and to employ lawyers, clerks, agents, or servants and such other assistance as they may think best; i) to sign, execute, acknowledge, and deliver any and all notes, deeds, mortgages, contracts, or other instruments necessary or requisite to the proper execution and accomplishment of any of the powers or purposes of this trust. No Trustee shall be required to take any action so directed which will in the opinion of such Trustee involve him in any personal liability unless first indemnified to his satisfaction. Any person dealing with the Trustees shall be fully protected in accordance with the provisions of Section 8 hereof. Section 5. Direction of Payments The Trustee or Trustees are directed to pay any insurance proceeds that are received by them as Trustees under this agreement to the beneficiaries in a manner that will minimize estate taxes and best carry out the estate planning objectives of the beneficiaries. Section 6. Termination of This Trust Unless terminated prior thereto, this trust shall terminate in any event twenty (20) years after the death of the survivor of the original Trustee hereinabove named and the last successor Trustee named in Section 2 above. Upon such termination, the then Trustee shall transfer and convey the trust property, subject to any leases, mortgages, contracts or other encumbrances thereon, to the then beneficiaries hereof as tenants in common unless otherwise provided in the Schedule of Beneficiaries, in proportion to their respective interests. 5 Bk = x 1 :3?e--200 2212�-,—G Section 7. Filing or Recording of This Trust This Declaration of Trust shall be filed or recorded with the Registry of Deeds or a similar recording office in the county or city wherein real estate held by this trust is located. Any reference to the "Registry of Deeds" shall wherever permitted by the context be construed to refer to the said Registry of Deeds or similar recording office in the county or city wherein real estate held by this trust is located. Any Trustee'may resign by written instrument signed and acknowledged by such Trustee and filed for record with the said Registry of Deeds. Any succeeding or additional Trustee may be appointed or any Trustee may be removed by an instrument or instruments in writing signed by all of the beneficiaries, provided in each case that such instrument or instruments or a certificate by any Trustee naming the Trustee or Trustees appointed or removed, and in the case of any appointment the acceptance in writing by the Trustee or Trustees appointed, shall be filed for record with said Registry of Deeds. Upon the appointment of any succeeding Trustee, the title to the trust estate shall thereupon, and without the necessity of any conveyance, be vested in said succeeding Trustee jointly with the remaining Trustee or Trustees, if any. Each succeeding Trustee shall have all the rights, powers, authority, and privileges as if named as an original Trustee hereunder. No Trustee shall be required to furnish bond. This trust instrument may be amended from time to time or terminated by an instrument in writing signed by the then Trustee(s) hereunder and by all of the beneficiaries; provided, however, that in each case the instrument setting forth the terms of such amendment shall be filed for record with the said Registry of Deeds. No such amendment shall in any way change any beneficial interest in this trust without the prior written consent of all the beneficiaries. Section 8. Liability of Trustees No Trustee hereunder shall be liable for any error or judgment nor for any loss arising out of any act or omission in good faith, but shall be responsible only for his own willful breach of trust. No license or court order shall be requisite to the validity of any transaction entered into by the Trustees. No purchaser or lender shall be under any liability to see to the application of the purchase money or of any money or property loaned or delivered to any Trustee or to see that the terms and conditions of this trust have been complied with. Any party dealing with the trust property or with the Trustee may always rely, without further inquiry, upon any agreement, lease, deed, mortgage, trustee certificate or other instrument executed by any Trustee who, according to the records of the Registry of Deeds in which this trust is recorded (or in the event this trust is not so recorded then according to the records of the trust), is shown to be the Trustee or one of the Trustees hereunder, and such executed document shall be conclusive evidence in favor of every person relying thereon or claiming thereunder. For purposes of this trust, the term "trustee certificate" includes any certificate signed by a Trustee (including a successor Trustee) and certifying as to the existence or non-existence of 6 any fact or facts which constitute conditions precedent to acts by one or more of the Trustees, or which are in any other manner germane to the affairs of this trust, including, for instance, the identity of the Trustee, the identity of the beneficiaries, the existence of trust amendments, if any, the existence of trustee appointments, removals and resignations, that this trust was in full force and effect at the relevant time, and that the execution and delivery of any document by the Trustee was duly authorized. In the event that this trust is recorded in any Massachusetts Registry of Deeds or holds title to real property located in any other state and such state, by virtue of its laws, statutes, or regulations pursuant thereto, requires this trust to be recorded in a registry or office wherein land records affecting said real property are maintained, then no amendment or termination of this trust or any appointment, removal or resignation of any Trustee hereunder, or acceptance of any successor Trustee or Trustees hereunder shall be effective as to any particular interest in said real property so registered or recorded, until the instrument reflecting said change or a certificate thereof, signed by a Trustee hereof, shall have been recorded in the said Registry of Deeds or said office, as the case may be. Section 9. Claims of Creditors All persons extending credit to or contracting with or having any claim against the Trustees hereunder shall look only to the trust property for any such contract or claim, so that neither the Trustees nor any beneficiary shall be personally liable therefor. Any instrument executed by the Trustees shall provide that the trust property only, and not the Trustees not the beneficiary individually, shall be liable thereunder. Section 10. Question Provision Without limiting the generality of any of the foregoing provisions of this trust instrument, or any supplement or amendment thereto, no deed or other transfer by the Trustees of any or all of the assets of the trust shall be subject to question by reason of the fact that the Grantee or Transferee or Grantees or Transferees include or constitute some or all of the Trustees and it shall be conclusively presumed in favor of anyone dealing with the Trustees or Grantees or otherwise with respect to the trust property, that such deed or other instrument of transfer has been properly executed by the Trustees hereunder. Section 11. Trust Government This trust shall be governed by the laws of the Commonwealth of Massachusetts. 7 Bk- = 1 13 r 7-202 26256 Witness the execution hereof, under seal, on December 15, 1997, in duplicate by the Trustmakers and initial Trustees hereinabove named. 01 Thomas if'aplikAF, Trustmaker Mary 12:Z , Trustm er Thomas Capi ., Trustee M 'zzi, stee COMMONWEALTH OF MASSACHU- SETTS ) ss. COUNTY OF BARNSTABLE ) The foregoing Declaration of Trust was acknowledged before me on December 15, 1997, by THOMAS CAPIZZI, JR. and MARY A. CAPIZZI, as Trustmakers and initial Trustees. Witness my hand and official seal. My commission expires: 12/08/2000 Charles C. Case, Jr. Notary Public 7 BARNSTABLE RECISTRY OF DEEDS r BNO9715-0067 95-06-19 3l33 #029727 THOMAS CAPIZZX REVOCABLE TRUST AGREEMENT This TRUST AGREEMENT is made this,gday of0v�olJ21� 1994, between THOMAS CAPIZZI of Marstons Mills, Massachusetts as Donor and THOMAS CAPIZZI and JEANNE CAPIZZI both of Marstons Mills, Massachusetts as Trustees. ARTICLE ONE This AGREEMENT may at any time and from time to time be altered, amended, or revoked by the Donor, by a writing signed by the Donor personally (and not by his agent, guardian or other legal representative) and delivered to the Trustee(s) during the Donor's life. Any alteration- or amendment affecting the duties of the Trustee(s) shall become effective only when assented to in writing by the Trustee(s) . , Persons dealing with the Trustee(s) shall not in any manner be affected by any alteration or amendment of this Agreement, without actual knowledge of the same; they shall always be entitled to rely upon a certificate signed by the Trustee(s) hereunder, as to what, if any, alteration or amendment has been made in this Agreement and as to who are the Trustee(s) hereunder. ARTICLE TWO During the life of the Donor, the Trustee shall dispose of the net income, if any, and principal of the Trust as the Donor may 1 '� ' Bpi09715-0066 95-06-19 3:33 #029727 direct from time to time in writing, or in the event the Donor is incapacitated, as the Trustee or Trustees other than the Donor, his wife and his issue may direct. Any net income not so paid or disposed of may be added to the principal of the Trust fund or held as accumulated income for later disposition as hereinbefore provided. ARTICLE THREE A. The words "Federal Adjusted Gross Estate" shall mean that amount determined by subtracting from the entire value of the Donor's gross estate as determined under the federal estate tax law the aggregate amount of the deductions allowed under the provisions of sections 2053 and 2054 of the Code, allowing deductions for expenses, indebtedness and certain taxes and for losses, respectively. B. The words "Massachusetts Adjusted Gross Estate" shall mean that amount determined by subtracting from the entire value of the Donor's gross estate as determined under the Massachusetts estate tax law the aggregate amount of the deductions allowed under the provisions of the Massachusetts estate tax law code corresponding to sections 2053 and 2054 of the Code. C. The words "Charitable Deduction" shall have the same meaning as their meaning under section 2055 of the Code as in force at the time of the Donor's death. D. The word "Code" shall mean the Internal Revenue Code of 1954, as from time to time amended, and references to provisions of 2 BP'0971S-OM 9S-06-19 3=33 #029727 the Code shall include the corresponding provisions of any subsequent federal law. E. The words "Marital Deduction" shall have the same meaning as their meaning under section 2056 of the Code as in force at the time of the Donor's death. F. The term 'IQ-TIP election" means (i) for federal estate tax purposes, the election specified in section 2056(b) (7) (B) of the Code relative to qualified terminable interest property and (ii) for Massachusetts estate tax purposes, the election specified in section 3A of Chapter 65C of the Massachusetts General Laws relative to such property. ARTICLE FOUR Upon the Donor's death the Trustees shall pay such sum or sums , from the trust property as his executrix may request in writing for the purpose of paying any legacy under his will, his debts (other than any tort claim or any obligation arising in connection with such a claim) , funeral expenses and expenses of administration of his estate and any or all state or federal inheritance, legacy, succession, estate or like taxes arising upon his death, whether with respect to property passing under his will, to property held under this trust or otherwise, except such taxes as may be attributable to property held in any trust other than this trust. Without regard to any such request, his Trustees may also, upon the Donor's death, pay from the trust property such sum or sums as his Trustees determine to be desirable to pay any legacy under his will, his debts (including tort claims and related obligations 3 BN 09715-0070 95-06-19 3;33 #029727 excepted above) , funeral expenses,-expenses of administration of his estate and state, federal or foreign taxes of the kinds described above. If the trust property includes United States Treasury Bonds which are redeemable at par to pay federal estate taxes, such bonds shall be applied in payment of the federal estate taxes arising upon his death. No part of any payments required or authorized by the foregoing provisions of this Article shall be made from funds or property which are exempt from any taxes of the kinds described above if such funds or property would thereby become subject to any such taxes as long as there are other assets available under this trust or available in the residue of the Donor's estate to make such payments. If the Donor's spouse is living at his death, any payments for taxes of the kinds described above, including any such payments made by his executrix from the residue of his estate, shall first be made from or charged against the portion (if any) of The Marital Trust (as hereinafter described) . The trustees may make any such payment to Donor's executor or directly to the person or organization entitled to the same as the Trustees, in their sole discretion, shall determine. ARTICLE FIVE Upon the death of the Donor, if his spouse survives him, the Trustees shall divide the trust property in the manner hereinafter described into two trusts hereinafter called "The Family Trust" and "The Marital Trust" and thereafter shall hold and dispose of the same as follows: 4 BP'09715-0071 95-06-19 3:33 #023727 A. The Family Trust. The Trustees shall pay to or apply for the benefit of, any one or more of the Donor's spouse and his issue all or so much of the net income and the principal of The Family Trust as the Disinterested Trustee, in such trustee's sole discretion, may from time to time deem desirable, adding from time to time undistributed net income to principal if such trustee, acting in such trustee's sole discretion, deems such addition to be desirable. As a guideline only to the Disinterested Trustee, it is the Donor's wish that such trustee look first to the needs, welfare and best interests of his spouse before considering those of the other beneficiaries of The Family Trust. Notwithstanding the Donor's wishes, any such payments or applications may be made equally or unequally, and any one or more of the beneficiaries (including the Donor's spouse) may be excluded from any or all of such payments and applications. Upon the death of the Donor's spouse, the Trustees shall dispose of the then remaining principal and any then undistributed net income of The Family Trust as is hereinafter provided with respect to the disposition of the trust property after the deaths of the Donor and his spouse, as set forth in Article Seven. B. The Marital Income Trust. The Trustee(s) shall pay to or for the benefit of the Donor's wife, JEANNE CAPIZZI, the net income from the Marital Trust from the date of the Donor's death, at least quarter-annually during her lifetime. The Trustee(s) shall also pay to or for the benefit of the Donor's wife such portion or portions of the principal of the Marital Trust as she may from time to time request in writing delivered to the 5 i BPe0971S-0072 '95-06-19 3r33 1029727 Trustee(s) during her lifetime. In addition, the Trustee(s) may also make payments of principal to her or expend the same for her benefit, as they may determine in their absolute discretion, for her health, maintenance and support. Non-income producing property shall be converted into income producing property at the written direction of the Donor's wife. Upon the death of the Donor's wife, the remaining balance of principal and all undistributed and accrued income in this trust fund shall be paid to or for such person or persons, including her own estate, as she may appoint, by her Last Will, making specific reference to this instrument. To the extent that the Donor's wife shall fail so to appoint, any such unappointed property shall be paid to the trust fund designated the Family Trust as set forth in Article Seven. Notwithstanding the provisions of the foregoing paragraph, except to the extent that the Donor's spouse specifically provides in his spouse's will that any state and federal inheritance, legacy, succession, estate and like taxes arising upon said spouse's death with respect to the property of The Marital Trust be paid otherwise, the Donor's Trustees shall pay from The Marital Trust the amount of the increase in any such taxes attributable to the inclusion of the property of The Marital Trust in said spouse's estate for the purpose of any such taxes. (The Trustees may rely conclusively on any certification of the amount of any such increase in taxes made by said spouse's executor. The Trustees may make any such payment to said spouse's estate or directly to the taxing authority imposing the tax as the Trustees, in their sole discretion, shall determine. 6 BN O9715-0073 95-06-19 3133 #029727 . ARTICLE SIX A. Determination of The Marital Trust. The value of the trust property to be allocated to The Marital Trust shall be an amount determined as follows: 6-A (1) The minimum federal marital deduction amount which, after the use of all credits and other deductions available to the Grantor's estate for federal estate tax purposes, will result in the least possible federal estate tax (including zero) upon his estate (provided, however, that the state death tax credit shall not be used so as to increase the estate tax payable in any state) , and such amount shall be reduced by the value of all items which qualify for the federal estate tax marital deduction and which pass or have passed to the Grantor's wife other than pursuant to this Article; and 6-A (2) The minimum Massachusetts marital deduction amount which, after the use of all credits and other deductions available to the Grantor's estate for Mass- achusetts estate tax purposes, will result in the least possible Massachusetts estate tax (including zero) upon his estate, and such amount shall be reduced by the value of all items which qualify for the Mass- achusetts estate tax marital deduction and which pass or have passed to the Grantor's wife other than pursuant to this Article. 6-A (3) The Trustees shall base their computations under section 6-A (1) upon values as finally determined for federal estate tax purposes (including the value of adjusted taxable gifts, if any) and under section 6-A (2) upon values as finally determined for Mass- achusetts estate tax purposes. The Trustees shall fund the Marital Income Trust under Article Five B with an amount of property equal to the greater of the amounts determined under section 6-A (1) and section 6-A (2) . The Trustees may use cash or property or a combination of each, but any such property shall be distributed at market values current at the time of distribution. To the extent possible, only property which is eligible for both the federal and Massachusetts estate tax marital deductions shall be' used to fund the Marital Income Trust. 7 BP,09715-0074 95-06-19 3133 #029727 B. Determination of .The Family Trust. After the determination of The Marital Income Trust, The Family Trust shall be the balance, . of the trust property remaining. ARTICLE SEVEN A. When the Donor's wife is no longer living and there are no living children of the Donor under the age of twenty-five (25) years, the Trustees shall divide the property then remaining in The Family Trust into equal shares (outright and free of any trust) one share for each living child of the Donor, and one share for each deceased child of the Donor with issue then living. B. If any of the children of the Donor are deceased at the time of the said distribution of the Trust property, the said share of such child shall go to the issue then living of such child. With respect to said share set apart for the issue of a deceased child of the Donor, such share may be distributed outright to such issue by right of representation. However, if any fraction of such share is distributable to any issue of a deceased child who has not attained the age of twenty-one (21) years, then such fraction shall vest immediately in such issue; but the Trustees shall retain the fractional share in trust until such issue becomes twenty-one (21) years of age, and shall pay to or apply for the benefit of such issue so much of the income and principal of his or her fractional share as the Trustees deem advisable. In the event of the death of such issue prior to complete distribution of such fractional share, such share shall be distributed to his or her estate. In the event I 8 BP10971S-0075 95-06-19 3133 #029727 a child of the Donor shall die leaving no issue surviving him or her, the Trustee shall distribute his or her share to the Donor's issue then living by right of representation. C. If at any time the last survivor of all the beneficiaries hereunder shall die, the Trustees shall distribute all property of any trust then remaining and not appointed free of all trusts to those persons who under the laws of the Commonwealth of Massachusetts then in force would have inherited the Donor's personal estate if the Donor had then died intestate, unmarried, and a resident of Massachusetts, and in the proportions provided by such laws. ARTICLE EIGHT If the Donor and his wife die simultaneously, or under such circumstances that it cannot be determined who dies first, this Agreement shall be administered as if the Donors wife had survived the Donor. ARTICLE NINE A. In case any amount becomes payable from The Family Trust to a person under legal disability or who, although not adjudicated incompetent is in the opinion of the Trustees unable to administer such amount properly, the Trustees may in their discretion pay or apply such amount in one or more of the following ways: 1. Directly to such beneficiary; 2. To any legally appointed guardian or conservator of such beneficiary; 9 BP,0971S-0076 95-06-19 3s33 4029727 3. To any relative or friend of such beneficiary for such beneficiaryls care, comfort, support, education, or advancement; 4. By applying such amount for such beneficiary's care, comfort, support, education, or advancement. The Trustees shall not be responsible for the application of any payment so made in good faith. B. Upon the death of any beneficiary of The Family Trust, so much of any undistributed and accrued income which, but for his or her death, would have been paid or available for payment to him or her shall be paid to the beneficiary or beneficiaries entitled to the interest next succeeding. C. In exercising their discretionary powers hereunder with respect to using income and principal for any beneficiary, the Trustees may take into account all other sources of support available to such beneficiary. ARTICLE TEN No portion of the income or principal of any trust hereunder shall be subject to anticipation, assignment, or alienation in any manner by any beneficiary, nor shall such interest be subject to pledge, attachment, or claims of creditors. ARTICLE ELEVEN If in the opinion of the Trustees it becomes uneconomical to continue any trust hereunder because of the size of the trust, or if for any other reason the Trustees deem it in the best interest of the beneficiaries to terminate any trust, the Trustees may 10 9A'09715-0077 95-05-19 3:33 #029727 terminate such trust and distribute the remaining income and principal free of all trust to the persons then entitled to receive the income therefrom, in the proportions in which they are entitled to income. If income is payable in the discretion of the Trustees among members of a class, the Trustees may distribute the remaining income and principal in such proportions as they in their discretion determine among the members of the class. ARTICLE TWELVE Although it may be provided herein that the principal of The Family Trust shall be divided into shares, each to constitute a separate and distinct trust, the Trustees are nevertheless authorized to hold the principal and income of The Family Trust undivided, until an actual division becomes necessary in order to make any distribution of principal or income; and if the Trustees exercise such discretionary power, they shall hold, manage, and invest the shares as a single fund, making the divisions thereof only upon the books of account by proper entries therein, and shall allocate to each such share its proportionate part of the principal and income of the single fund, and shall charge against each such share its proportionate part of the expenses of administering the single fund. ARTICLE THIRTEEN The Trustees shall render annual accountings of the Trusts hereunder, except that no accountings shall be required until the Trust is funded with income-producing property. Accountings shall 11 Bp,09715-0078 95-06-19 3:33 #029727 be rendered to those persgns who, during the period covered by the accounting, were entitled or eligible to receive income and who were of full age and legally competent, and to the legal representative, if any of those who were not. The written approval of any such amount by all the persons to whom it is rendered shall, as to all matters and transactions stated in the account, be final and binding upon all persons (whether in being or not) who are then or may thereafter become entitled to share in either the principal or the income of such trust. The failure of any person to object to any such account by a writing signed by him or her and mailed to the Trustees within sixty (60) days of his or her receipt of a copy of the account shall constitute an assent by him or her and shall have the same effect as his or her written approval of such account. ARTICLE FOURTEEN During the life of the Donor, THOMAS CAPIZZI and JEANNE CAPIZZI shall act as Co-Trustees of this Trust Agreement. Upon the death of the Donor or if Jeanne predeceases him, Thomas Capizzi, Jr. , of West Barnstable, Massachusetts, shall act as Co-Trustee along with remaining Trustee, Jeanne or Thomas, Sr. , whichever the case may be. If both Jeanne and Thomas, Sr. are deceased and the Trust Agreement is still in effect, Thomas Capizzi, Jr. of West Barnstable, Massachusetts, shall act as sole Trustee. Any Trustee may resign at any time from any trust created hereunder by giving thirty (30) days' written notice, delivered personally or by REGISTERED or CERTIFIED MAIL, to the persons then 12 f " BN O9715-0079 95-06-19 3133 #029727 entitled or eligible to receive income from such Trust who are of full age and legally competent, and to the legal representative, if any, or those who are not. Such resignation shall be effective upon the appointment of a Successor Trustee. If for any reason, Thomas Capizzi, Jr. shall cease or fail to act as Successor Trustee or Sole Trustee, as the case may be, Stephanie Capizzi shall serve as successor Trustee, if she is unwilling or unable to serve, Rachael Capizzi shall serve as successor Trustee. Any appointment of a Successor Trustee shall be by an instrument in writing, signed by the persons making the appointment, and shall be effective upon the written acceptance of the appointee made on the instrument of appointment. A Successor Trustee shall have all the powers, immunities, and discretions conferred upon the original Trustees. ARTICLE FIFTEEN No Trustee shall be required to give any bond or other security for the faithful performance of such Trustee's duties in any jurisdiction whatsoever, or if any such bond shall be required, no surety shall be required thereon. No Trustee shall be liable or responsible for any act or default of any Co-Trustee, or for any loss of expense occasioned by anything done or neglected to be done by any Co-Trustee. No Trustee shall be liable for any loss except as may be caused by such Trustee's bad faith or gross negligence. Until the Trustees receive notice of any incapacity, birth, death, marriage, or other event affecting the right of any person to income or principal the Trustees shall not be liable for acting or 13 $Pi09715-0080 95-06-19 3 Q3 #029727 failing to act with respect thereto or for disbursements made in good faith to persons whose interest may have been affected by such notice. ARTICLE SIXTEEN A. The Trustees, in addition to and not in limitation of all common law and statutory- authority (but subject to the requirement with respect the the trusts under ARTICLE FIVE to exercise or limit the exercise of their powers and discretions so as to obtain the Federal Estate Tax marital deduction) , shall have the following powers, exercisable without resort to, or order of, any court, which shall continue after the date of the termination of this Trust until final distributions 1. To purchase any assets of the Donors probate estate on such terms and conditions as they see fit; 2. To sell at public or private sale, or to exchange, lease, pledge, or mortgage (for periods ending before or after the terms of any trust hereunder) , in such manner and on such terms as the Trustees deem advisable, any property, real or personal, which may at any time constitute a part of any trust hereunder; 3. To borrow money, with or without security, for any purchase, and to pledge securities or other property to secure any loan; 4. To retain, invest in, and reinvest in any property which in the opinion of the Trustees is suitable for the purposes hereof, although of a kind or in an amount which might not otherwise be regarded as a proper trust investment; provided, however, that any asset of a trust under Article Five which constitutes unproductive property shall be converted into productive property at the written request of the Donor's spouse. 5. To invest without notice to any person in any common Trust Fund; 14 ✓ Bps097IS-0001 95-06-19 3133 #029727 6. To vote either in person or by general or limited proxy or to refrain from voting any corporate stock for any purposes; 7. To deposit any securities hold by them either or under the direction of any committee formed to protect such securities, to participate in, consent to or carry out any reorganization, consolidation, merger, liquidation, readjustment of the financial structure or sale of the assets of any corporation or other connection with the foregoing, to exercise conversion and subscription rights, and to hold any property received pursuant to any such transaction as assets of the trust estate; s. To keep any securities or other property in the name of its nominee, or of some other person, partnership, or corporation, or in its own name without disclosing its fiduciary capacity, and to deposit securities with a securities depository within or outside of the Commonwealth of Massachusetts; s. To determine with respect to the trust property how all stock and cash dividends, rights, and other receipts, and all disbursements for whatever purpose shall be credited, charged, or apportioned between principal and income, all without regard to the general rules and law with respect thereto; 10. To employ legal counsel, accounts, agents, or others for any of the purposes hereof, and to pay their reasonable compensation; 11. To make distributions in cash or in specific property, real or personal, or an undivided interest therein or partly in cash and partly in such property, and 12. To retain, operate, liquidate, sell, or otherwise dispose of any business which becomes a part of this trust, in such manner and upon such terms as the Trustees deem advisable. B. The duty of any individual Trustee serving from time to time shall be limited to the exercise of discretion with respect to payments of income and principal. Notwithstanding any other 15 r BN0971S-0082 3S-06-19 3t33 #029727 provision of this Agreement, no Trustee who is or may become a beneficiary hereunder, or who is the spouse or parent of such beneficiary, shall participate in any decision or determination affecting the beneficial enjoyment of any trust or any share thereof, directly or indirectly, if the existence of such power would constitute a general power of appointment under section 2041 of the Internal Revenue Cod of 1954 as amended. ARTICLE SEVENTEEN A. The Donor reserves the right by his not alone, without the consent or approval of the Trustees, to sell, assign, or hypothecate any policy of life insurance which may be held hereunder, or payable to the Trustees, and to exercise any option or privilege granted by any of such policies, including, without limitation, the right to *changs any beneficiary of any policy, to borrow any sum in accordance with the provisions of policies, and to receive all payments, dividends, surrender values, benefits, or privileges of any kind which may accrue on account of such policies during his lifetime. The Trustees shall at the Donorfs request deliver to the Donor, or in accordance with his written order, any policy deposited hereunder. B. The Trustees shall use their best efforts to collect the sums payable under any policy of insurance held hereunder, or made payable to the Trustees, whenever such policy has, to the knowledge of the Trustee, matured; and the Trustees shall be indemnified for the costs of any action, legal or otherwise, taken by them in connection with their efforts to collect any sums which they 16 BP,09715-0083 95-06-19 3,33 0029727 believe to be an under such policy. The Trustees shall payable Y have no responsibility except as above specified as to such policies or as to the premiums thereon. Upon the Donors death, or upon any other maturity of any policy held hereunder or payable to the Trustees, the Trustees are authorized (if in their discretion they determine that it would be in the best interest of any of the beneficiaries of the Trust to do so) to elect in respect to any such policy, any mode or option of settlement permitted by the terms and provisions of such policy, with full power in the Trust to direct the insurance company which issued such policy to hold and retain the proceeds thereof in lieu of making payment to the Trustees hereunder, and to make payments of interest and principal to or in accordance with the written instructions of the Trustees; provided, however, that with respect to any policy of insurance allocated to a trust under ARTICLE FIVE, the Trustees shall not make any election the result of which would be to prevent such policy or trust from qualifying for the marital deduction under the Federal Estate Tax Law. C. No insurance company need see to the application proceeds of any insurance policy paid to the Trustees. ARTICLE EIGHTEEN A. Masculine, feminine, and neuter pronouns and the words "trust", $'trustee", and "trustees", shall include all genders, and the singular shall include the plural, and vice versa, where the context so requires. 17 Y' 1 BM9715-0084 9S-06-19 3:33 #029727 B. References to the Donor's wife mean the Donor's wife, JEANNE CAPIZZI. ARTICLE NINETEEN The validity, construction, and administration of this Agreement and of the trusts created hereunder shall be governed by the Laws of the Commonwealth of Massachusetts. IN WITNESS WHEREOF, the said THOMAS CAPIZZI, as Donor, has sent his hand and seals and THOMAS CAPIZZI and JEANNE CAPIZZI, as Trustees, in token of their acceptance of the trusts hereby created have set their hands and seals the day and year first above written. THOSWCAPIZZI, Don r �- Xr. THOM CAPIZZI, Trustee E PI Tr COMMONWEALTH OF MASSACHUSET_LT_S +�+ BARNSTABLE, ss. Dates Then personally appeared THOMAS C I as Dono ;. `a� i �. CAPIZZI and JEANNE CAPIZZI as Trustee , an acknowl'94 � esQJJ> foregoing instrument to be their free act nd des Bit 'e m+a:+ •a ,1. Notary Public My commission expires ,, .... ' 9 BARNSTABLE REGISTRY OF DEEDS �s Property Location: 438 CRAIGVILLE BEACH ROAD MAP ID: 246/076/// Vision ID:17152 Other ID: Bldg#: I Card 1 of 2 Print Date: 03/29/2001 c UIV lk Element Description Commercial Data Etements Style/Type Ul anch Element Description Model 01 esidential Heat&AC Grade C- verage Grade Frame Type PTO 8 Baths/Plumbing Stories 1 1 Story Occupancy 00 CeilingfWall 10 10 Rooms/Prtns xterior Wall 1 5 inyl Siding %Common Wall 2 all Height 14 Roof Structure 03 Gable/Hip Roof Cover 03 Asph/F GIs/Cmp Interior Wall 1 08 Typical 2 Element Code Description 'actor Interior Floor 1 14 arpet Co—m—p-Fe—x 2 Floor Adj Unit Location BAS 3 BMT 22 eating Fuel 2 it Heating Type 9 Typical Number of Units AC Type 1 one Number of Levels %Ownership Bedrooms 2 2 Bedrooms B 1 Bathroom athrooms rA 1 0 1 Full Ofiidj.Base Rate 0.00 36 Total Rooms 5 Rooms Size Adj.Factor .28975 12 24 WDK Grade(Q)Index 1.89 Bath Type Adj.Base Rate 8.87 7 Kitchen Style Bldg.Value New 0,179 24 Year Built 1 955 Eff.Year Built IG)1983 I Physcl Dep 17 Funcnl Obslnc Econ Obslnc, 0 pecl.Cond.Code Spe cl Cond% Code Description Percentage Overall%Cond. 83 1090 ulti 11ses luu Deprec.Bldg Value 58,200 A,0B-OfZTff'U ZLDLNQ,',��&IYARD41WXY Code Description L.Iff Units Unit Price Yr. Dp Rl %C;nd Apr. Value E,ANN Gj(�QN, Go de DEs—cription LIVIngArea (irossArea Eff.Area Unit Gost Undeprec. value --BAF--F[-r`sFFIoor 828 M -----68-.97 57,04 BMT Basement Area 0 828 166 13.81 11,432 PTO Patio 0 80 8 6.89 551 WDK Wood Deck 0 168 17 6.97 1,171 JYI. Grog-s iv ease Area 1 8281 1,9041 1,0 19 1 ffrdg—Va—r--F— Property Location: 438 CRAIGVILLE BEACH ROAD MAP ID: 246/076/// Vision ID: 17152 Other ID: Bldg#: 1 Card 1 of 2 Print Date:03/29/2001 : . %BECAL,MICHAEL Description Code Appraisedvalue Assessedvalue O BOX 664 SIDNTL 1090 158,100 158,100 801 YANNISPORT,MA 02647 Barnstable 2001,MA ` � .gam, •% ,.�A•: ccounplan Ket. Tax Dist. 400 Land Ct# er.Prop. #SR VISION Life Estate DL 1 Notes: DL 2 GIS ID: Luy,luul , ;.. m.:�. .� ",:x, '. .� s-- Yr. C Code Assessed Value Yr. Code Assessed Value Yr. Code Asse_ssed a ue COSTA,MARIE T 737/345 12/21/1949 0 , 2000 1010 121,7001999 1010 121,7001998 1010 121,700 ota: , ota: 1579 ota: 157,2UU .: ' is wa visit ya Data o ector or ssessor„ , , � Year lypelvescription Amount Code Description Number Amount Comm.Int. Appraised Bldg.Value(Card) 58,200 Appraised XF(B)Value(Bldg) 0 Total. Appraised OB(L)Value(Bldg) 0 Araised Land. •, _ a :. ,. .: . ' Y ;' '': Special Land Value lue(Bldg) 51,000 Total Appraised Card Value 109,200 Total Appraised Parcel Value 209,100 Valuation Method: Cost/Market Valuation et'rotal AppraisedParcel Value , • .. e Permitissue vote lype Description Amount Insp.Date o Gomp. Date Comp. Comments Date urpos esu t Use Gode I Description zone rontage Depth Units Unit Price L Factor SJ U.Factor Nbhd. Adj. Notes-AdjlSpecial Pricing A dj.. nit Price Land Value Multi Hses , o es: Units an ra ota an Value ,ota Carda PROPERTY ADDRESS ZONING IDISTRICTCODE SP -DISTS.IDATE PRINTED CLASS PL.b Ntnnv 0438 CRAIGVILLE BEACH R 09 RB 400 09HY 07/09/95 1011 00 55BC R24b 076. 15005.? LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FA,TORS T`r UNIT ADJ'D. UNIT ACRES/UNITS VALUE Description C O S T A I M A R I E T M A P Land By/Date Size Dimen"On LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE / CD. FF-be th/Acres 4 L A I D 1 27,,500 CARDS IN ACCOUNT - 10 1 LDG.SIT 1 X .57 =100 138 34999.99 48299.99 .57 2 00 43LDG(S)—CARD-1 1 41 .300 01 OF 02 L #3LDG(S) —CARD-2 1 75o,40i0 A BATHS 1 .0 U X C= 100 3500.00 3500.00' 1 .00 3500 3 44N 438 MARKET 12180C N 4SN CRAIGVILLE BEACH RD CRA INCOME D 4RR 0369 0125 J SF A *CORIMIER GUARD FOR M. COSTA 4PPRAISED VALUE D ?3PO972CV1 144.2CC D j DARCEL SUMMARY A U AND 275CC T S LDGS 11670C A T —IMPS M OTAL 1442CO 1 CNST f F E RIOR YEAR VALUE E N DEED REFERENC Tye ecor DATE gd.d A T Book Page Inst. Mo. Yr.D Sales Price AND 2 7 5 0 C LDGS 11670C T S OTAL 1442CC U ' I 1 R ENTRY REFUSED—E7 BUILDING PERMIT E Number Dale Type Amount S LAND LAND-ADJ INCOME I 1' SE SP-ELDS FEATURES BLD-ADDS U41TS 27500 I 3500 PaAywall Fsc. Class Const. Total Base Rate Adj.Rate A �!B I, ! Age Depr. Cond. CND Loc N.R.G Repl Cost New Adt Rep[ Value Stones Height Rooms Rnis Baths a Fix. Units Units I 01C 000 100 100 61 . 00 61 .00 55 70 24 74 100 74 55876 41_�00 1 . 1 5 2 1 .0 4.0 Description Rate Square Feet Repl Cost MKT. INDEX: 1 .00 IMP. BY/DATE: ML 1 0/91 SCALE: 1 /00.69 ELEMENTS CODE CONSTRUCTION DETAIL SAS 10 aI 01 -00 823 50503 iG R U Sa ArEW ;5z 8 -L N 0 L t I t L L L N b Ill:4 Z) I J u— s FWD 35 8.50 163 1428 STYLE 03 ANCH 0.0 T FLIP 5 5 5.50 80 440 5 EST GN-AVI MT" -J0 -------------------U_._0 R I, FMP10 10 -XT"Z: iAUCS-- -Jo 'AL ----- -9 0 U ! ! EATIAC-TYPE- -34 TL"------ ---0_ 0 C *----1 4-22*-36--*--------* NTT T:FZNISH- -t4 A�IOU�---------"U:0 T ± ! I NT"T:LAYGUT" -t2 VFR:yN'QRlMAl:"---U:O U ! ! tTL;Z:�?JALTY- -JL Ai"fE-AS -ERTFrT:""?.-0 R ! ! C70-Z-ST�UCT" 712 7-JOI'STI3E_AK_""7T:0 A w 23 BASE 23 E CUT?Z CAVE R-- -JG AKPET-------------0_."0 L D 243 8'28 [ ± ! GDr`-TY?�---- -JT AaLE=A�PA-3K_--U.-O E Total Areas Aux = Base = BUILDING DIMENSIONS 4 ! � LE�:T:R I�Z11 '.7? VERAGF IT.-D T 8AS Ai23 E:3o 523 �d36 .. FWD E12 t 0tri-CIAT7-0-4- JZ WCRETF-BLTTCIC-9Y�q - A SJ7 E24 N07 W24 W12 .. FMP N23 ! i --- ---------------------- I E14 N10 Eu8 S10 W08 W14 S23 FMP X---12---*--36-----------* -_-------------- _1NEIGlf30R9C"NYAflNTS"-"---- L -� 7 FWD 7 LAND TOTAL MARKET ! ± PARCEL 27500 144200 *----- -2 4------* AREA 1106 VARIANCE +0 +12934 STANDARD 25 PROPERTY ADDRESS I I ZONING I DISTRICT CODE SP - DISTS.I DATE PRINTED CLASS PC NEHts Rey W. 0438 CRAIGVILLE BEACH R 09 Rii 400 09HY 07/09/95 1011 JJ. 5B 7 S' LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS TY UNIT ADJ'D. UNIT ACRES/UNITS VALUE Description 1COSTAP M A R I E T MAP— Land By/Date Size D'rn n ,on LOCJYR.SPEC.CLASS ADJ. COND. PE PRICE PRICE CD. SizeF-D tn/A«es CARDS IN ACCOUNT L BATHS 3 .0 U x C= 100 10500.0 10500. 10 1 .00 105JJ B 02 OF C2 OST 14420C A 'MARKET 121800 N INCOME D USE APPRAISED VALUE A 144,200 D D .. ARCEL SUMMARY A U AND 27500 T S LDGS 11670CI A T i IMPS M TOTAL 14420C C NST F E DEED REFERENC Ty, DATE Recorded R I O R YEAR VALUE E N Book Page Inst. Mo. Yr.D Sales P'1ce AND 27500 A T t t LDGS 116700 T S TOTAL 1442CC U I t t R tENTRY REFUSED-83 BU ILDING PERMIT E Number Date Type Amount S LAND LAND—ADJ INC 11 MBE SE SP—SLDS FEATURES BLD—ADDS UNITS 10500 Class Const. Total Base Rate Adl.Rate Year Built I Age Norm. Obsv. CND Loc �Ao R G Repl Cost New Adl Repl Value Stones Height Rooms Rms Batns /Fist. Partywall Fnc. Units Units,�1 = t�C A •1 fr, Depr- Conof 7 2 t1 0 1 Description 0 1 0 0 to 1 0 J Squares 0 5 R p 6.0 C MKT.551N 7 + 2 4 74 IMP. BY/DATE:1 0 U 74 SCALE1018,65 8 O 5 75400 `1 .J ! 3 3.0 10.0 p1 . 1(� ML 1 0!91 1 �00.69 ELEMENTS CODE CONSTRUCTION DETAIL S SAS 100 56.05 1472 32:506 i 646 S iV La_ AP�ILY DWELLING C JST P.J 176 8879 *— —54— --------* STYLE 03" ANCH 0.0 FSF 9i3 5C;.45 --------------- -------- >t - -------------- - ---------------------- T of ESIGN :�DJi�lT UO n.'J R It ! 8-XTE ;Ia-4 LLS-- -TO CLP80%SHINGLE ----0.0 U *--11..—* ! A'�IAC TY 'E 34` IL ---------------0.0 C ! 24 BASE 24 hT4.ELNfSH 14JARf0US �.fl T i ! I fic'2.LAY00T T2 AVC4.7ly00MAL ---_-_U.-O U 16 16 ! 1 T 1--4 ITALTY J2 AKE AS EXTER. U.-O R I >I ! FLJciR 'T RUC 32 D JOISTI AM 1J.0 W! FSF ! --! E C�JR cJVER i5 ARIbUS 11 0 L D 1643 *--11•�—*----------- 54--------------- x ODF-TY-E--- jTf 6LLEp=A PR-SK--- ��' .-0 E Total Areas Aux = Base = ------ C 1. T t�I b�i L——— —LI i v C R A t7 E —————————— T.C BUILDING DIMENSIONS T SAS 154 . FSF 111 ;+116 E11 S16 .. 0UTi Z73P3__- _J� ffCRETE_13L�EK_��:9 A SAS 1N24 E.54 S24 - � --------------- --- - LAND ------ TOTAL MARKET L ti PARCEL AREA VARIANCE +0 +0 STANDARD r RESIDENTIAL PROPERTY MAP ��d. LOT NO. FIRE DISTRICT SUMMARY (� STREET 438 Craigville Beach Rd. W. Hyamisport 246 76 3 LAND 9 H BLDGS. a O OWNER TOTAL -... ._. 7J LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: 7� BLDGS. 3 D SD Costa Marie T. 12/21/49 737 345 TOTAL ys--� ro LAND i,L�.1, ;. ,,..�,�•: 01 BLDGS. TOTAL LAND 3O BLDGS. TOTAL LAND BLDGS. TOTAL LAND 01 BLDGS. TOTAL LAND BLDGS. TOTAL 'LAND BLDGS. NTERIOR INSPECTED: ol TOTAL DATE: ' LAND ACREAGE COMPUTATIONS 01 BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL USE LOT 7S/o J '� LAND EARED FRONT /s' �S'U-p`Q O BLDGS. TOTAL REAR GODS&SPROUT FRONT LAND REAR BLDGS. ASTE FRONT TOTAL REAR LAND BLDGS. TOTAL LAND J'I c G ' �.-.�:`i ,�o BLDGS. LOT COMPUTATIONS % LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY BLDGS. FOUNDATION BSMT, & ATTIC PLUMBING PRICING LAND COST . Walls Fin. Bsmt.Area Bath Room ✓ BaselirJ BLDG. COST Q elk.Walla Bsmt. Rec. Room St. Shower Bath Bsmt. 0 PURCH. DATE Slab Bsmt.Garage St. Shower Ext. Walls PURCH. PRICE. Walls Attic Fl.&Stairs Toilet Room Roof RENT GpNrj d �` Walls Fin.Attie Two Fixt. Bath Floors INTERIOR FINISH Lavatory Extra F f 2 1 3 Sink /= r/ Attie Plaster Water Clo. Extra TERIOR WALLS Knotty Pine Water Only 3 a� i Siding Plywood No Plumbing Bsmt.Fin. /L Siding Plasterboard Int.Fin. Shingles TILING C G JZ 3 Blk. G F P Bath Fl. H6at 74— Irk.On Int. Layout Bath&Wains. Auto Ht.Unit Veneer Int.Cond. Bath Fl. &Walls Fireplace ark.On HEATING Toilet Rm. Fl. Plumbing 74— Q :om. Brk. Hot Air Toilet Rm.FI. &Wains. _ Tiling Steam Toilet Rm. Fl.&Walls �t Ins. Hot Water N,'rt/ St. Shower ns. Air Cond. Tub Area Total Floor Furn. ROOFING COMPUTATIONS ''JJ Shingle Pipeless Furn S. F. 7Q Shingle No Heat S.F. Shingle Oil Burner Q S.F. OD Coal Stoker S.F. Gas S F OUTBUILDINGS ROOF TYPE Electric S.F. 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 MEASURED Flat Mansard FIREPLACES S.F. Pier Found. Floor el Fireplace Stack Wall Found. 0.H.Door LISTED FLO R Fireplace Sills.Sdg. Roll Roofing /,..... LIGHTING Dble.Sdg. Shingle Roof No Elect. DATE Shingle Walls Plumbing Cement Blk. ood ROOMS Electric I- �° �� Tile Bsmt. 1st (j PRICED P TOTAL /� Brick Int.Finish +fl+ 2nd 3rd FACTOR .r /7?Q REPLACEMENT *110 OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. TOTAL RESIDENTIAL PROPERTY MAP NO. LOT NO. FIRE DISTRICT SUMMARY STREET Craigville Beach Road W. HyannispOrt LAND . . . 246 76- H BLDGS. /7fl OWNER TOTAL LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: � BLDGS. Coates Marie T. 12 21 49 737 345 TOTAL LAND L / - r� BLDGS. TOTAL LAND m a BLDGS. TOTAL LAND le ' /,� BLDGS. 57 AO TOTAL LAND BLDGS. TOTAL LAND BLDGS. TOTAL LAND INTERIOR INSPECTED: l r' BLDGS. J1 610, t. TOTAL DATE: /�6 171 /// / LAND - ACREAGE COMPUTATIONS BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HOUSE LOT LAND CLEARED FRONT 01 BLDGS. REAR TOTAL WOODS&SPROUT FRONT LAND REAR BLDGS. WASTE FRONT TOTAL REAR LAND BLDGS. TOTAL LAND BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH. STREET PRICE DEPTH 96 FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY BLDGS. FOUNDATION BSMT. & ATTIC PLUMBING PRICING LAND COST . e.Walls Fin. Bsmt.Area Bath Room 3 Base EILDG.COST c.Blk.Walls Bsmt.Rec. Room St.Shower Bath Bsmt. — 0 e` PURCH. DATE /y�/=• e. Slab Bsmt.Garage St. Shower Est. Walls PORCH.PRICE. . k Walls Attiesi�•b Stairs Toilet Room Roof RENT �� + e Walls Fin.Attic Two Fist. Bath Floors • . INTERIOR FINISH Lavatory Extra t. F 1 2 3 Sink Plaster Water Cie. Extra Attic XTERIOR.WALLS Knotty Pine Water Only ble Siding klij Plywood No Plumbing Bsmt. Fin. , le Siding Plasterboard Int.Fin. /J , ,A51iingles G TILING /7`l Z7 Bik. G F P Bath FI. Heat 16, Brk.On Int.Layout Bath FI.b Wsins. Auto Ht.Unit 65 Veneer Int.Cond. ✓ Bath FI.b Walls Fireplace Brk.On HEATING Toilet Rm.Fi. Plumbing _74— Com. Brk. Hot Air Toilet Rm.Fl.b Wains. _— Tiling Steam Toilet Rm.Ff.b Walls ket Ins. Hot Water St. Shower Total Tub Area Ins. Air Cond. Floor Furn. C> ROOFING A COMPUTATIONS Shingle Pipeless Furn. =S.F. J�y� d Shingle No Heat S.F. Shingle Oil Burner S.F. e Coal Stoker S.F. Gas S F OUTBUILDINGS ROOF TYPE Electric S.F. 1 2 3 4 5 6 7 8 91101 1 2 3 4 5 6 7 8 9 10 MEASURED Is '/ Flat Mansard FIREPLACES S.F. Pier Found. t, Floor I,/ brel Fireplace Stack Wall Found. 0.H.Door LISTED FLO RS Fireplace Sgle.Sdg. Roll Roofing C. " LIGHTING Dble.$dg. Shingle Roof kh DATE No Elect. Shingle Wells Plumbing ig Cement Blk. Electric idwood ROOMS PRICED h.Tile Bsmt. 1st TOTAL Brick Int.Finish gle 2nd 3rd FACTOR // Q REPLACEMENT OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. PC S�C T of y/o 7 1-7 /7700 SO a s y 3 3 TOTAL j' RESIDENTIAL PROPERTY MAP NO. LOT NO. � FIRE DISTRICT STREET 43.8 Craigville Beach Rd. W. Hyannisport SUMMARY 246 76 �3 LAND �C. e-_ OWNER H �, BLDGS. 3 0 TOTAL ✓9 Cn 5-- 7a f S O rSZ7 RECORD OF TRANSFER DATE eK Pc I.R.S. ANDR.s. REMARKS: 706 BLDGS. 3 Q (LSD Costa Marie T. 12/21A 737 345 TOTAL ys-�so LAND � BLDGS. d a _ /�2 S- TOTAL /7 eo-o LAND 3O BLDGS. Ol TOTAL LAND BLDGS. TOTAL LAND 0) BLDGS. TOTAL LAND BLDGS. 0I TOTAL LAND INTERIOR INSPECTED: BLDGS. DATE: �' I TOTAL LAND ACREAGE COMPUTATIONS BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE Ol TOTAL HOUSE LOT 7.55 4-, LAND CLEARED FRONTS REAR TOTAL WOODS&SPROUT FRONT ALANDREAR �WASTE FRONT REAR LAND 0) BLDGS. TOTAL - LAND BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER rn BLDGS: HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY NO RD. BLDGS. FOUNUA'1'IUN 85M'I. & ATTIC PLUMBING PRICING _ --- ..^ LAND COST ' Corte:Walls Fin. Bsmt.Area I& Bath Room ✓ Base _ BLDG. COST Cone.Blk.Walls Bsmt. Rec. Room St. Shower Beth Bsmt. PURCH. DATE ne. Slab Bsmt.Garage St. Shower Ext. Walls PURCH. PRICE . Brick Walls Attic Fl. &Stairs Toilet Room Roof RENT _ _ p fU •d E alls Fin.Attie Two Fist. Bath Floors INTERIOR FINISH Lavatory Extra /p smt. F 1' 2 3 Sink r?" v. Plaster Water Clo. Extra Attie EXTERIOR WALLS Knotty Pine Water Only ouble Siding Plywood No Plumbing Bsmt. Fin. Ingle Siding Plasterboard Int. Fin. Shingles TILING G n 3 one. Blk. G F P Bath Fl. eat ace Brk.On Int. Layout Bath&Wains. Auto Ht.Unit it Veneer Int.Cond. Bath Fl. &Walls Aj Fireplace om. Brk.On HEATING Toilet Rm.Fl. 1 Plumbing f•- �''` L7 � • olid Com.Brk. Hot Air Toilet Rm.Fl.&Wains. J Tiling - _ Steam Toilet Rm.Fl. &Wells Ienket Ins. AA Hot Water St. Shower oof Ins. Air Cond. Tub Area Total Floor Furn. ROOFING COMPUTATIONS ' Isph.Shingle Pipeless Furn. S.F. / 170 Mood Shingle No Heat S. F. Isbs.Shingle Oil Burner D O S.F. hate Coal Stoker S.F. `ile Gas S.F. OUTBUILDINGS ROOF TYPE Electric Flat S.F. 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 MEASURED �abls v lip Mansard FIREPLACES S.F. Pier Found. Floor iambrel Fireplace Stack Wall Found. 0.H.Door LISTED FLOORS Fireplace Sgle.Sdg. Roll Roofing one. _ LIGHTING / Dble.Sdg. Shingle Roof arth No Elect. Shingle Walls Plumbing DATE_ ine lardwood ROOMS Cement Blk. Electric 1ph.Tile Bsmt 1st 0 to TOTAL -' Brick Int. Finish PRICED ;Ingle 2nd 3rd FACTOR �.�. /��1 Q �,`• REPLACEMENT OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep• PHYS. VALUE Funct.Dep. ACTUAL VAL. 1 2 3 4 7 8 9 10 TOTAL RESIDENTIAL PROPERTY MAP NO. LOT NO. FIRE DISTRICT SUMMARY STREET Crai gville Beach Road W. $yannisport LAND 246 76 - H -7-3 BLDGS. OWNER TOTAL LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: BLDGS. Costag.Marie T. 12 21 49 737 345 TOTAL LAND -� O BLDGS. TOTAL LAND ' BLDGS. TOTAL LAND Vi BLDGS. TOTAL Ad LAND BLDGS. TOTAL LAND BLDGS. TOTAL LAND INTERIOR INSPECTED: ~.^> r rn BLDGS. TOTAL DATE: $/i(o I71 LAND ACREAGE COMPUTATIONS (3) BLDGS. I LAND TYPE # OF ACRES - PRICE TOTAL DEPR. VALUE TOTAL HOUSE LOT LAND CLEARED FRONT _ - O) BLDGS. REAR TOTAL WOODS&SPROUT FRONT LAND REAR BLDGS. WASTE FRONT TOTAL REAR LAND O BLDGS. TOTAL LAND BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER rn BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. I I LAND SWAMPY NO RD. BLDGS. FOUNDATION BSMT. & ATTIC PLUMBING PRICING LAND COST Wells Fin.Bsmt.Area I Bath Room (� Base 7 ''' > B-74 �' LDG. COST Blk.Walls Bsmt. Rec. Room St. Shower Bath //90 r ✓ Bsmt. PORCH. DATE /r ,�•/ -• . Slab Bsmt.Garage St.Shower Ext. Walls PORCH. PRICE. �' ` ails AtticdT b Stairs Toilet Room Roof RENT Walls Fin.Attic Two Fixt. Bath v -- -�. INTERIOR FINISH Lavatory Extra Floors F 1 2 3 Sink t/a 1/4Plaster Water Clo. Extra Attie �— ERIOR WALLS Knotty Pine Water Only SN Siding z/ Plywood No Plumbing Bsmt. Fin. Siding Plasterboard Int.Fin. ;L Shingles ,G TILING Ik. G F P Bath Ff. Heat 16• 7 i rk.On Int.Layout Bath Ff.b Wains. Auto Ht.Unit Veneer Int.Cond. ✓ Bath Fl. b Walls Fireplace '- rk.On HEATING Toilet Rm. FI, plumbing �— om.Brk. Hot Air Toilet Rm.Ff.b Wains. ' Tiling Steam Toilet Rm.FI.b Walls t Ins. Hot Water St. Shower a. V ir Cond. Tub Area Total r Floor Furn. � /'` '� `�• ROOFING COMPUTATIONS Shingle Pipeless Furn. S.F. Shingle No Heat S.F. Shingle Oil Burner S.F. Coal Stoker Gas S.F. OUTBUILDINGS ROOF TYPE Electric Flat S.F. 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 819110 MEASURED Mansard FIREPLACES S.F. Pier Found. Floor •el Fireplace Stack Wall Found. 0.H.Door LISTED FLOORS Fireplace Sgle.Sdg. Roll Roofing LIGHTING 0) 7- Dble.Sdg. Shingle Roof No Elect. DATE Shingle Walls Plumbing od ROOMS Cement Blk. Electric Tile Bsmt. 1st TOTAL Brick Int. Finish /PRICED 2nd 3rd FACTOR /��. � jHi ,J.�..• l_ , REPLACEMENT OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. t7x 41 t-4 �� - TOTAL ZONING IDISTRICT CODE SF - DISTS.IDATE PRINTEDI STATE I pCS I NBHD CLASS �•- 0438 CRAIGVILLE BEACH R 09 RB 400 09HY 07/09/95 1Q11 JJ 5 513 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T,, UNITADJ'D. UNIT Land By/Date Size Dimension LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE ACRES/UNITS VALUE Description C 0 S T A. M A R I E T MAP— 'S 1- CD. FF-De th/Acres AT HS 3 .0 U X C= 100 10500.0 10500. 00 1 .00 105JU 3 t— CAFioslN�ccour,r — L 02 OF • C 2 A COST 144 N MARKET 121800 ID INCOME A SE D APPRAISED VALUE D i A 144.200 ' A U PARCEL SUMMARY T S LAND 27500 A T LUGS 11670C —IMPS M TOTAL 14420C F E CNST E N t DEED REFERENCE i s� DATE R ., —PRIOR YEAR VALUE q T Book Page Mo. vr. ,� AND 27500 T S LDGS 11670C U OTAL 14420C IR I 1 I E BUILDING PERMIT ENTRY REFUSED—8 3 S Number Date Type Amount LAND LAND—ADJ INC ME SE SP—BLDS FEATURES OLD—ADJS UNITS 10500 Class Const. Total Base Rate Adj.Rate Ye r Built A e Norm. Obsv. CND L. %R G Rapt Cost New Atl Re I Value Stories Height Rooms Rma Baths i fix. P Units Units I A 9 Dept. Conti. p t p 9 ertywaH Fec. 01 C 000 100 100 56.05 56.05 55 70 24 74 100 74 101885 75400 1 . J 7 3 3.0 10.0 Descripticn Rate Square Feet Repl.Cost MKT. INDEX: 1 QC) IMP. BY/DATE: ML 1 0/9 1 SCALE: 1 /00.6 ELEMENTS CODE CONSTRUCTION DETAIL S SAS 100 56.05 1472 82506 UNUSS AREA 1646 , e. IFAMILY DWELLING CNST JP:J FSF 90 50.45 176 8879 *— -------------54--- -----* STYLE 03 ANCH 0.0 T `-ESI GNV_ A�DjMT _00 ------------------iJ.O R i ! EXT 4.'14ALLS-- -f0CLP8D%SHIN6Ue ----O._0 U - C EA-LIAC TYPE- _34` IL--------------- 0 0 ! 24 BASE 24 1hTR T . FiNISH 14JARIOUS ---------- fl.0 ' ! ! _ --- - - - --- --- - ----- U iIVT2.L ►YGUT TZ VER./NORMAL (T.0 16 16 ! �iTrTfALTY-_ -JZ APSE-AS -EXTR.--7T.-0 R ----.------ -- -. --------- -------- -- ! LJUR aTRUCT 2 D JOIST_I_'BEAM 0.0 D W! FSF ! ! E LOJ CJWR f5 ARf0US D_0 L 1643 *--11--*----- 54-- — --X 0DF-TY-PY---- 7T A6CE=A�FR-YR----T.Q E Total Areas Aux = Base = ?; BUILDING DIMENSIONS L ErT R I A L J T v CR A? ———————— —-T.C T SAS W 54 . FSF W 11 N 16 Ell S 16 .. 01 44_U A TZ_SN-- - -J2 _0WC R ETE•-8 L�SCK ,9v.9 SAS N24 E54- S24 -------------- - --- ---------------------- L LAND TOTAL MARKET PARCEL AREA VARIANCE +0 #0 STAADARD PROPERTY'ADDRESS I I ZONING I DISTRICT CODE SP - DISTS.I DATE PRINTED I CSTATE LASS I PCS I NEIHD rum,r No 0438 CRAIGVILLE BEACH R 09 RB 400 09HY 07/09/95 1011 00 5.5BC R246 076. 150053 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS Tv UNIT ADJ'D. UNIT a'nd t3y/Date Sae Dimension LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE'.. ACRES/UNITS VALUE Description C J T A M A R I E T 'f MAP- S CD. FF-De th/Acres #L A N D 1 2 7,r 5 0 0 CARDS IN ACCCIIJNT 10, 13LDG.SIT 1 X .5 =10 138 34999.9 48299.99 ..57 27500 43LDG S)-CARD-1 1 41�300 01 OF 02 A 43LDGI(S) -CARD-2 1 75.400 UST -I"Zuu - N BATHS 1 .0 U X C= 100 3500.600 3500.OG 1 .0.0 3500 a 44N 438 FINC RKET 1218CO D ESN CRAIGVILLE BEACH RD CRA OME A 4IR 3369 0125 JSE *CORMIER GUARD FOR M. COSTA PPRAISED VALUE D D i 9.3P=3972CV1 144.20C A U ARCEL SUMMARY T S AND 27500 A T LDGS 116700 -IMPS E OTAL 14420C F E CNST E N DEED REFERENC Tye DATE Recorded R I O R YEAR VALUE r A T Book Page Inst. MO. Yr.p Sales Prior -AND 2 7$U L'- T S 3LDGS 11670C U rOTAL 1442CC R I I E t I ENTRY REFUSED-83 BUILDING PERMIT S Number Date Type Amount LAND LAND-ADJ INCOME �iSE SP-SLDS FEATURES BLD-ADJS UYITS 27500 I 3500 Class Cons,. Total Base Rate Adj.Rate r B It Age Norm. Obsv. CNO Loc %R.G Repl Cost New Adl Rapt Value Stories Height Rooms Rms Baths R fix. PartvwaH Fac. Units Units A I f Depr. Cond. 01C 000 100 100 61 . 90 61.00 55 70 24 74 100 74 I 55876 41 0 1 . 0 5 2 1 .0 4.0 Description Rate Square Feet Repl.Cost MKT. INDEX: 1.00 IMP. BY/DATE. ML 1 0/9 1 t SCALE: 1 I 0 O.6 9 ELEMENTS CODE CONSTRUCTION DETAIL S SAS 100 61 .00 828 50508 C 113 1 a FWD 85 8.50 168 1428 *--8--* � STYLE 03 ANCH 0.0 T FMP 55 5.50 80 440 ! ! Est<;N-Al)JM?- -J0 ------------------ T:Q FMP10 10 I EXTE4-74A—74 -- -J6 LUMIV_rWTL--------TKO U U ! ! EATtAC--rTPE- -34 ?t----------------(T:fl T -T4 A-WTOU�-----------U-0 ! ! N T T L A-rG 0 T- -t2 VE-R IN-aR M Al:'-----T.-0 U ! ! NT'Ei7:3UAL-TY- ill' 17M-E-A-3--EXTrR:--1T.-0 R ! ! LOAR-STXUCT- -JZ -J033'TIBE7 +f---U.-0 A W 23 SASE 23 E LU R-C VE?1-- J4 AR-PET-------------0-.-0 L D 0D1`-TY-P'F -- -tit 3A-LE=A-SP9--SK---13-:0 ! E Total Areas Aux Z4� Base = $�� � BUILDING DIMENSIONS ! L EICT R I I,—A1 -?J T VEIT A GE- TY.0 T BAS NZ3 E36 S23 W36 .. FWD E12 ! ! OU-TOFATZ-074--"- T2 'JN-CRETE-BLDICK-94.-9 A S07 E 24 N07 W24 W1 2 .. FMP N23 ! ! -------------- - --- ---------------------- I E14 N10 E08 S10 W08 W14 S23 FMP X___12---*--36-------- -- -----��tEI NOR J6 5�BC-NY1 N1YTS5 ------ L •• 7 FWD �-- 7 LAND TOTAL MARKET ! ! PARCEL 27500 144200 *-------2 4 _-_-* AREA 1106 VARIANCE +0 +12934 cTa�lneols -,� VVV r RESIDENTIAL PROPERTY MAP NO. LOT NO. FIRE DISTRICT SUMMARY STREET 1. Craigville Beach Road V. HyarmispOrt LAND 246 76 H BLDGS. OWNER TOTAL i LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: BLDGS. 0) TOTAL Costa, Marie T. 12 21 49 737 345 B. LAND A,/ 0) BLDGS. TOTAL LAND BLDGS. TOTAL LAND BLDGS. ' TOTAL i LAND BLDGS. m � TOTAL LAND i BLDGS. at TOTAL LAND INTERIOR INSPECTED: ;'' BLDGS. /I C .. % .�`j .{ L'•. TOTAL DATE: ` l 171 LAND ACREAGE COMPUTATIONS BLDGS. LAND TYPE .# OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HOUSE LOT LAND CLEARED FRONT BLDGS. REAR TOTAL WOODS&SPROUT FRONT LAND REAR BLDGS. rn WASTE FRONT - TOTAL REAR - LAND i BLDGS. TOTAL LAN D BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH % FRONT FT. PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER rn BLDGS. HIGH GRAVEL RD, TOTAL LAND LOW DIRT RD. W inw. Dan. IYYIIY - umnl. neu. nuUW PURCH. DATE Conc. Slab_ Bsmt.Garage St. Shower Ext. Walls PURCH. PRICE. Brick Walls AttieeGl &Stairs r ✓ Toilet Room Roof RENT Stone Walls Fin.Attic Two Fixt. Bath Floors Piers INTERIOR FINISH Lavatory Extra Bsmt. F .7— 1' 2 3 Sink s/i r/zJ r/e Plaster Water Clo. Extra Attic _�-- �,;�:, •_Jv.y�•A�--•_^_—•'_-- . EXTERIOR WALLS Knotty Pine Water Only ; J/y14 ' Double Siding Plywood No Plumbing Bsmt. Fin. Single Siding Plasterboard Int.Fin. Shingles j G TILING A/0 Conc. Blk. G F P Bath Ff. Heat Face Bak.On Int. Layout / Bath Ff.&Wains. Auto Ht.Unit Veneer Int. Cond. ✓ Bath FI.&Walls Fireplace —.-•___...._._..._.......-____..—._.—.._____.__._...__.__ _.__..____. Com. Brk.On HEATING Toilet Rm. FI. Plumbing Solid Com. Brk. Hot Air Toilet Rm.Fl. &Wains. _ Tiling Steam Toilet Rm.Ff. &Walls Blanket Ins. Not Water St. Shower Roof Ins. Air Cond. Tub Area Total , Floor Furn. ROOFING COMPUTATIONS ,. Asph. Shingle ,✓ Pipeless Furn. F. Wood Shingle No Heat J S.F. Asbs. Shingle Oil Burner S. F. Slate Coal Stoker S. F. ! Tile Gas S F OUTBUILDINGS ROOF TYPE Electric S.F. 1 2,13]41516 7 81 9 1101 1 2 3 41 51 61 7 8 9 10 MEASURED Gable Flat Hip Mansard FIREPLACES S. F. Pier Found. o Floor (� / ,� (-,�) `/) Wall Found. 0. H.Door LISTED Gambrel Fireplace Stack J� L/ FLOORS Fireplace j Sgle. Sdg. Roll Roofing ✓ 7 Conc. : LIGHTING Dble.Sdg. Shingle Roof Earth No Elect. DATE _ Shingle Walls Plumbing Pine Hardwood ROOMS. Cement Blk. Electric PRICED Asph.Tile Bsmt. 1st (� ( TOTAL / Brick Int. Finish n :H— — /, . _X Single 2nd 3rd FACTOR .3/ REPLACEMENT �?;. ✓/� d'' F+'� OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VA-L7. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. 1-7 4 5 6 7 B 9 TOTAL I RESIDENTIAL PROPERTY -MA F NjCS. LOT NO. FIRE DISTRICT SUMMARY STREET 438 Craigville Beach Rd. W. Hyannisport 246 76 - �3 LAND H BLDGS z 15 � 0 OWNER TOTAL LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: 76 BLDGS. Costa, Marie T. 12/21/49 737 345 TOTAL ys-�so LAND BLDGS. TOTAL LAND i S BLDGS- 3 O 6 TOTAL ! LAND '.�.t-• a Cl'�i"�UC• 11 Crt " 0) BLDGS. TOTAL LAN D 0) BLDGS. TOTAL LAND BLDGS. 01 I � TOTAL 'LAND I INTERIOR INSPECTED: �\ BLDGS. TOTAL DATE: i�; \, , LAND ACREAGE COMPUTATIONS BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HOUSE LOT 7S J 7 c C' LAND CLEARED FRONT BLDGS. REAR TOTAL i WOODS&SPROUT FRONT LAND REAR 0) BLDGS. II WASTE FRONT TOTAL REAR LAND BLDGS. I TOTAL LAN D j % �', G;;i;' lOD BLDGS. LOT COMPUTATIONS % LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND 5 ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL ! LOW DIRT RD. LAND SWAMPY NO RD. BLDGS. TOTAL I T(IIA!N ()F RAF7AI�-TARI.F MAGI U N I TED APPRA I SA L CO., EAST HARTFORD.CONN. FOUN_PATION BSMT. & ATTIC PLUMBING PRICING . , LAND COST nc.Walls Fin. Bsmt.Area Bath Room ' ✓ Base Conc. Walls Bsmt. Rec. Room St. Shower Bath BLDG. COST J . Bsmt. G� PURCH. DATE Anc. Slab Bsmt.Garage .' St. Shower Ext. Walls PURCH. PRICE . , 'Brick Walls Attic FI. &Stairs l Toilet Room Roof RENT --- GOJ� ,�1 d Stone Walls Fin.Attic Two Fixt. Bath �$ 'iers INTERIOR FINISH Lavatory Extra Floors Bsmt. F 1 2 3 Sink % /:. r/� Plaster Water Clo. Extra Attic EXTERIOR WALLS Knotty Pine Water Only Double Siding Plywood No Plumbing Bsmt. Fin. Single Siding Plasterboard Int. Fin. --- Shingles TILING :onc_Blk. G F P Bath Fl. ,Heat -j Face Brk.On Int. Layout % Bath &Wains. �' Auto Ht. Unit Veneer Int. Cond. Bath FI. &Walls Fireplace '• ___�'_ ' Com. Brk.On HEATING Toilet Rm. FL Plumbing .4' Solid Com. Brk. Hot Air Toilet Rm.FI. &Wains. --- — Tiling Steam Toilet Rm. Fl. &Walls Blanket Ins. Hot Water St. Shower Roof Ins. Air Cond. Tub Area Total , Floor Furn. ROOFING COMPUTATIONS �7 �<Asph. Shingle Pipeless Furn. r; S. F. Wood Shingle No Heat 1? S. F. Asbs. Shingle Oil Burner S.F. Slate Coal Stoker S.F. Tile Gas S.F. OUTBUILDINGS ROOF TYPE Electric S.F. 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 MEASURED � Gable W Flat Hip Mansard FIREPLACES S.F. Pier Found. Floor Gambrel Fireplace Stack I Wall Found. 0.H.Door LISTED FLOORS Fireplace V Sgle.Sdg. Roll Roofing / Conc. LIGHTING f ___ _ _ Dble.Sdg. Shingle Roof Earth No Elect. DATE Shingle Walls Plumbing _ Pine I Hardwood ROOMS Cement Blk. Electric i Brick Int. Finish PRICED �Asph.Tile Bsmt. 1st 1• . TOTAL _ ..,. � " I Single 2nd 3rd FACTOR /7 Q� REPLACEMENT OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. DVVLG. ,/=✓:1 YJ I�� -3 v 1 47 3 4 5 6 7 B 9 t 10 TOTAL 438 CRAIGVILLE BEACH M., REAR HOUSE 65-0" 11'-0 2668 54'-0" I BATH BATH m 41 sq ft 41 sq ft ' BATH BATH 17 50 sq ft 39 sq ft B 9DRgOftM j ❑ 3oee STUDIO/LIV. RM./ STUDIO/LIV. RM./ 4 KIT. /SLEEPING AREA KIT. /SLEEPING AREA a CLOSET CLOSET STUDIO 332 sq ft 327 sq ft /LIV. 4 RM./ KIT. / KITCHEN SLEEPING /LIV AREA P.M. BEDROOM 273 sq ft 160 sq ft 94 sq ft ry e) ry / sole UNIT 4 UNIT 1 66'-0' ,r 2� UNIT 3 — LIVING AREA 1472 sq ft ss•-r% - - - = - - - - -- - - - - - - - - - II II C 4 II II 4 II II - - - - - - - - - - - - -i- - - - - - - - - - - J j r 438 CRAIGVILLE BEACH Rb. ,�. REAR HOUSE 65'-0" 11.-0" 26ea 54'-0" ` BATH BATH m 41 sq ft 41 sq ft BATH BATH 50 sq ft �, 39 sq ft ; BEDROOM 91 s9 ft ❑� STUDIO/LIV. RM./ STUDIO/LIV. RM./ 4 KIT. /SLEEPING AREA KIT. /SLEEPING AREA o CLOSET CLOSET 332 sq ft 327 sq ft STUDIO /LIV. 9 RM./ 1 KIT. / KITCHEN SLEEPING /LIV AREA RM. BEDROOM 273 sq ft 160 sq ft 94 sq ft m m I _ mm UNIT 4 UNIT 1 65'-0" UNIT 2 =.UNIL3— LIVING AREA 1472 sq ft I 65'-0" 54'-0" it - - - - - - - - - - - - - - - - - - 4 A 4 - - - - k - - - - - - - - I 438 CRAIGVILLE BEACH RD. F REAR HOUSE 65'-0' 6 54'-0' i I 4 BATH BATH BATH BATH 41 sq ft 41 sq ft 50 sq ft 39 sq ft BEDROOM 91 sq ft ❑c ❑c ® STUDIO/LIV. RM./ STUDIO/LIV. RM./ KIT. /SLEEPING AREA KIT. /SLEEPING AREA § r CLOSET CLOSET STUDIO 332 sq ft 327 sq ft /LIV. 4 RM_/ KIT. / KITCHEN SLEEPING /LIV AREA RM. BEDROOM 273 sq ft 160 sq ft 94 sq ft i � wee UNIIT 4 UNIT 1 UNIT 2 UNIT 3 LIVING AREA 1472 sq ft 1 65'-w i 54'-0' - - - - - - - - - - - - - - - - - - - - - -� II I II :lcl Ii � II - - - - - - - - - - - - - - - -- - - - - - — — — — — — 1 - - - - - - - - - - - - - - - - - - - t