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1025 SERVICE ROAD - Amnesty & MULTI-FAMILY
�Ua. S� Sc�2�Gc 1 � �� . , ; . , L f h� �,�;� � � ( ICI p ��- 7a u . s, ,� .\ —_ E i r 0 g UPC 12543 No. 53LCR •o O�ST..ONSJ�� HASTINGS, MN . , Town of Barnstable Building + M16A SB.B+L°B. WPPoohss„aett�e'raT�,decrhe a;iU:st,PCnfiCetairtlr dif iS':c:.o.a�lt TeInh saptx e.,rt.c�ticsio._Uni sHtba�-is BFerxai eo Rnm n Mi.h.ared�`7eSd�ht r.,eeth BA",'np,p"l`d r O,b e:Rz�e.tad�..nnd+tJF.oinb,and`§, Permit FnsAkAlA ` gOS U a lnsaq.p�he'icst�Coanr`dh j aMfs ubsae�te� , et _ Permit No. B-18-1666 Applicant Name: LANE,CAROLE MAE Approvals Date Issued: OS/23/2018 Current Use: Structure Permit Type: Building-Amnesty with Construction Expiration Date: 11/23/2018 Foundation: Location: 1025 SERVICE ROAD,WEST BARNSTABLE Map/Lot 129-003 Zoning District: RF Sheathing: Owner on Record: LANE,CAROLE MAE - Contractor�Narne Framing: 1 Address: 1025 SERVICE RD ff m } ContractorLicense 2 WEST BARNSTABLE, MA 02668 h iEst Project Cost: $3,000.00 Chimney: k "Q1. Perm►t Fee: Description: Amnesty Apt.with Construction.Apartment located-.in,',,the3lower � $ 110.00 Insulation: level. Install 5/8 type x gypsum between units Kitchen Bedroom- Fee Paid $ 110.00 r Hall, Bathroom. Replace wired in smoke detectors and H2O, Kitchen, Final: Date 5/23/2018 Bedroom, Hall, Bathroom. s s Project Review Req: See street file for building code variance �*_ , h - Plumbing/Gas ' � = Rough Plumbing: a Building Official "a Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance. Rough Gas: All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. �a �, . All construction,alterations and changes of use of any building and structures;shall be in compliance with the local zorong by laws and codes. Final Gas: a� > x.., , This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for puElic inspection for the entire duration of the work until the completion of the same. `" Electrical The Certificate of Occupancy will not be issued until all applicable signatures by the�Buildingiand Fire Officials are providedori this permit. Service: Minimum of Five Call Inspections Required for All Construction Work: � 1.Foundation or Footing ' 4 `� Rough: 2.Sheathing Inspection 115i r", � � 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final: 4:Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: 6.Insulation 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Pcyrsons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT r / Iication Number...6• ... ®.. APP 7 * . # ..Other Fee.... . . �{� _ ��' Fee...... ................ :...... xasa [3�I1_C? e 16596 MAY2 3 Fee Paid.. ................................... .. .. .... ...... . ..... TOWN OF BARNSTABLnEIN O�� , sc ' by. .. ..............on..... - .? �...a. �Pe '�pro,� BUILDING PERMIT Map..../ .. ...................ParcxL...... ... + APPLICATION Section 1— Owner's Information and Project.Location Project Address IOaS Scyaw ec� U -Village UJed- ff Owners Name CA-*tAe-- L^1v� t' el s Legal Address tOas Sia2v= c 2 �P D �{- State :�`'I�SS Zip OA ab 9 ers Cell# 3De-77 6— '70 e-6 - E-mail C Section 2— Use of Structure Use Grroup ❑ Commercial Structure over 35,000 cubic feet ❑ Commercial Structure under 35,000 cubic feet gle Two Family Dwelling Section 3—Type of Permit ❑ New Construction ❑ Move/Relocate ❑ Accessory Structure ❑ Change of use ❑ Demo/(entire stricture) ❑ Finish Baseme Family/Amnmesty-) ❑ Fire Alarm. Rebuild ❑ Deck al-tment Sprinkler System ❑ Addition ❑; Retaining wall ❑ Solar ❑ Renovation El . Pool ❑ Insulation Other—Specify ' Section 4 -Work Description IL Q �tdvm 1A-eie wi 2�e� H A sb10+z l.a�►e,rra l.e.�re-1 � 1 TAct,mdnteti 3I9=18 Application Number.........................................I............ Section 5—Detail Cost of Proposed Construction 3�om,cA Square Footage of Project . Age of Structure X �o Dig Safe Number �# Of Bedrooms Existing �' I aAcr,,, Total#Of Bedrooms (proposed) 110 MPH Wind Zone Compliance Method ❑ MA Checklist ❑ WFCM Checklist ❑ Design Section 6—Project Specifics ❑ Wiring Oil Tank Storage ❑ Smoke Detectors ❑ Plumbing [] Gas ❑ Fire Suppression ❑ Heating System ❑ Masonry Chimney ❑Add/relocate bedroom Water Supply ❑ Public ❑ Private Sewage Disposal ❑ Municipal '❑ On Site Historic District [] Hyannis Historic District ❑ Old Kings Highway Debris Disposal Facility: I am using a crane ❑ Yes ❑ No Section 7—Flood Zone Flood Zone Designation Within or adjacent to a wetland, coastal bank? Yes ❑ No ❑ Section 8 —Zoning Information Zoning District Proposed Use Lot Area Sq.Ft. Total Frontage Percentage of Lot Coverage #of Dwelling Units (on site) Setbacks Front Yard Required Proposed Rear Yard Required- Proposed Side Yard Required. Proposed Has this property had relief from the Zoning Board in the past? ❑ Yes ❑ No Lastimdatcd 219201E -- --------- u Town of Barnstable '. i Zoning Board of Appeals: � E, Comprehensive Permit Decision and Notice QT Accesso..ry Affordable;Aparfinen tip rogram; + i Corn ehenswe Permit No 2018 016 Lane: Decisions Approved with Conditions; Applicant: Carole Mae'Lane: Property Addr,ess 1025 Service.Road,West Barnstable, MA Map/Parcels 129(003 Zoning;:. R;F—Residence F Zoning District Summary- Allow the.conversion of85Q square feet toi.a one-bedroom accessory affordabler;apartrnent; located'in the lower level within the existing principal dwelling pursuant to the-Code of the Town 0f,0af6§table,Chapter 9,Article if Deed Reference: Bo6k15571Page 94 Applicant/Site;Control; The Applicant is Carole Mae lane,the owner and occupant of property addressed as, Service Road, West. Barnstable, MA., The Applicant has been:the owner of the, property since September 2002, as.evidenced by a' deed recorded at the:Barnstable County:Registry;of Deeds on Book 15571 Page 94 recorded September 9.2002 ; A signed Affidavit dated.September-6; 2617, .declares that'1025-Service Road, West Barnstable, is Ahe primary: residence of`Carole Mae lane:: Locus The sublect,property is a .81 acre lot and fronts onto Service Road.Avenue near Exit 5 of the Mid Cape Highway: The property:is improved with a 3,336 grass square foot three bedroom single family dwelling:{1712-of hI.ying; area) constr,.ucted in 1967.. The accessory apartment,is:a one=bedroom unit;.located"in the lower level of the principal residence;;previously a Family Apartment and.;prior:;to that-an Accessory'Affordable Apartment. It;is. served.by,well water and anon-"site septicsys,Pm. Background Carole Mae.`Lane seeks to convert 850` square feet of`area within the existing dwelling' to a one-bedroom: Accessory Affordable Apartment by'a Comprehensive Permit pursuant to Chapter 408 of the Gen'e.ral.laws of'the Commpnwealth of 1Viassaehusetts, and in accord;ance with § 9=15 of the Cade of the Town:of Barnstable; more. commonly termed "Accessory Affordable ApartmentProgmm Procedural&:Hearing Summary Carole Mae Lanesubmitted'an application fora Site Approval :Letter as prescribed in the Code of(Massachusetts Regulations.760 Section 56 00 and provided'"for within the AccessoryAffordable Apartment Program of the.Town of Barnstable 'The.application:was submitted as`a;local nitiated'Chapter.40B;,'Notification of the application was submitted to th DpetofusandCmevopeertmHoinm ment; A Site Approval Letter was issued to the; ApplicantIor the,subject property by Town Manager,Mark EIIs, on.January 19 2018: Notice of.the'Site Approva[ Letter'was.sent"to the Department`of Housing.ana Co171mUn(ty Qevelopment in accon,ance with'the:requirements of CM060 56100.. An appllication for a:Comprehensive Permit was"filed at the Town Clerk's Office on February 7, 2018 'A public hearing before the Zoning Board of Appeals Hearing'Officer was duly advertised in the Barnstable 'Patriot"on .February.23, 2018 and March 2,2018 and;notices wereisent to;all abutters in accorddnee with Section 11 of MGL Chapter 40A. Town of Barnstable Zoning Board of"Appeals Decision&Noti:ce Comprehensive Permit No.'2o18-016 Findings of Fact At the hearingon March 28, 2018,the"Hearing',Officer,,ma'de the:.ollowing:findngs of facfi: Concerning standing;;the right of the apphc`ant toaeek a comprehensive:perrnifi the.Hearingfficerfound I. The.Applicant; Carole-"Mae Lane, is the owner and:occupant of cthe pr"operty located at 1025. Service;Road>,. West Barnstable;; MA,,as :evidenced by deed;:recorded at tie Barnstable`Courity Registry of,D'eeds on Book 15571 Page 94 recorded s.eIptember 9 2002. A signed Affidavit dated September 6; 2017.declares that 1025 Service Road,UVest"Barnstable, sthe primary residence.of Carole Mae,Lane. 2. The application for a.comprehensiye permit vuas.made in accordance with the Town of Barnstable's,Accessory Affordable Apartment Program Chapter 9 Article II of the Code of the Town of Barnstable That program is. structured as a:self,regulating''income:-limiting,local:;initiated housing program, a qualified funding program accepted :under the': Code of Massachusetts Regulation's 760 Section 56.00 that ;governs ,grant xof comprehensive permits, 3. In:accordance with MGL Chapter 40B and 7.60 `CM'R 56'04. (4); a Site Approval Letter was.:issued Ito the: Applicant for the subject property- by Town Manager, Maack Ells on January 1:9;; 2018'. Notice, of.the Site: Approval Letter was sentto:the Depa'rtmen, f Housing an,'gmrpurnty Development; in accordance with#hey„ requirements of 760 CMR 5644 (2), and no issues were:communicated from the.; Department:on this application: Regarding consistency with 166 I needs, the Hearing CTfficer found: 4. Th'e Applicant is proposing to convert an. area within th.a existing dwelling to an Accessory Affordable Apartment:. The:apartment is 850 square.feet, one:bedroom, and located Mt e lower'level of the:exis#ing principal.dwelling at 10.25 Service,Road,UUest Barnstable.To;"permit the a;partmerit as.an-accessory affordable; unit under Chapter 9 Article 11,of the"Code would represent no perceiyable change:`in the.neighborhood: r . 5. The Building Commissioner performed' an "initial review of the property:and.determined Chat an accessory apartment unit can be created-in conforman..ce,with` applicable state building code's. :Prior to;occupancy,,a building permit shall be'required and.;hardwired smoke deaectors and carbon monoxide detectors shall bey. vpgradedf:installedand the:unitshall,meefall requirements ofthe B:ukling Code. 6. The property is served:by'an on-site septic system adequate:to accommodate the:addition of a;one=bedroom °unit on tb pr.opeq with a restriction from"the Health Department�if;required' 7: The Applicant ha been informed that building and occupancy.,permitssha l be obtained prior°to occupancy"of the:accessory,apartment. This step is required to assure final approval that the apartment unit,eonforms fully to all appi'icable building;fi decision.re,and health codes and this , $. The App leant has been''informed that upon;certification of this Comprehensive Permit by the Town Clerk,;.a Regulatory"Agreement and`Declaration of Restrictive Covenants, restricting the accessory apa"rtment unit in pe"rpetuity.as an.affordable"rental units aill lie executed. both the Comprehensive;Kermit and the; Agreement shall be recoded at the.Registry:of Deeds as binding covenants on tie.property. `The documents l milt the:.apartment to that of an affordable:unit:rented to a person or am,rly whose income is 8p90 or less of th'e Area Median Income (AMI)'".of the: Barnstable Metropolitan Statistical.Area ('MSA).and cap the monthly rental income (including utilities).to not exceed 30%of the monthly`household income of a household earning 80w,of the median income,adjusted by household size. In the event that utilities are separately rrie#e"red,..the utility,allowance established i y the Town of:Barnstable shall be,deducted from rent level so calculated. 9. ,According to the Massachusetts Department of Housing"and Community: Development, Subsidized Housing Inventory;,the Town.of Barnstable has 7.14° :of its year round:housing stock q.uahfied.as affordable;housing units The:town has"not reached the "1Q% statutory minimum affordable housing required in;MGL.Chapter 4QB or met any.of the Statutory Minima;provided form 160(MA 56'.03(3). Town of.Barnstable Zoning Board of.Appeals. I ' Decision&N,otiee Comprehensive Permit...No:'20.18-016- Lane: '10. The Town of Barnstable'S Ca.rnprehensve Plan:encourages the adaptive use.of existing h;ousmg stock to create. affordable:units and the dispersal of thgse.units throughout Barnstable-, This application and he locatiom f the:unit<conform`to that objective: Based upon the findings, the;Hearing Officer ruled that the application'.of Carole.Mae Lanes deened.consistent with local needs be"cause itwadequately p,r"omotes the.objective of pro-dmg.affordable housing for the Town"of $arnstable without jeopardizing the.health:and safety°of°the occupants provided c"eftain conditions;a"re�impgsed„ Decision&Conditions: The Hearing Officer ruled to`grant"Com Pre hensive Permit No.2018 016;to Carole Mae La for 1025'Service Road, West Barnstable to allow the conversion of the area on the lower level of the princ{pai dwellir gAo a one-bedroom affordable":apartmen.t unit<at 1015 Service:Road, Westr Barnstable, as,provided"for"in,Chapter 9Art{cle tl oflhe `Code of the To. n"of.,Barnstable and m conforr..fur-to the;followi►g conditions and-,restrictions: 1. Occupancy,of the-'affordable,unit shall not exc'eed.two(2)persons: I The number of bedrooms in�the Accessory AffordableApartmentshall be limitedto"one(1):. 3. "Farnily,merr bees-of the applicants/owners shall not at any t he oecopy the accessory unit.. 4: All leases shall have,a:minimurn,term of one>year and have'provisrons that requite the tenant to provide any: and all information necessary tv verify eligibility with,the Accessory;Affordable Apartment Program.includmg. income information of.the tenant.and:rent and utility payments. 5. ,All parking for the accessory apartment, and the, prtncipai dwell�;ng shall be" on site: Overnight on-street. parking is"expressly.prohibited:: 6. Accessory lodging or renting of rooms-is:prohibited:far the duration ofthisaComprehensive Permit. 7. The applicants shall, after certification:of this Comprehensive Permit by the Tawn;Clerk: a. execute a Regulatory Agreement and Declaration of Restrictive Covenants, as approved by the Town Attorneys Office;and b. make application for a building permit with"the Building Division for the;;accessory apartment Work: r"equiredto bring the unit mto'compliance with"present day'code standards shall be completed prior to issuance of.a Certificate of Occupancy for the accessory apartment. 8. It is the explicit.:ntent that file applicant secure an-occupancy prmadteunitbe ouby fetltnh tenant(s) as,restricte'd by this comprehensive permit within.',one-year of the cert.'ification;of the permit The: Building Commissioner a;nd/or monitoring.agent mayextendahis time for°goo.d cause:: 9: To meet affordat ality requirements, the.rent charged"(including u.till. shall not exceed 30%of 80%of the median income fo"r,the Barnstable MSA, adjusted for family size, as calculated and publ shed;annu-afly by the Town of Barnstable. In the event that uiiiities:are separately°metered,the utility,,allowance-established by the town of Barnstab --shall'be deducted from rent level so calculated:.. 10. The applicant sha l,engage in"open.and"fair marketing of the unit and provide documentation.of the activlty,to; the Housing Coordinator/Monitoring Agent 11 ,I dnthinoel ofany prospective'tenanshall first.be submitted to�and approved bynformationregar v the Housing Coordinator/Monitoring Agent before any'li as&is,;signed,, 12. Annually the applicant:shall "wop.r'k l. th tfe` Housing Coq`rdmator/Monitoring Agent;to provide necessary inf©rrnation°and documentation of tenant income elig►bihty and conformance with the,Accessory Affordable s Apartment'Program. 13. The Applicant must register the:unit with the;Regulatory Services Department.at 200 Ma{n street, Hyannis 3 Town of:Barnstable,Zoning Board ofApO6& Decision&Notice Comprehensive Permit No.2018-016 Lane: 14. Wherever a Vacancy occurs, notice"shall be,given to the Hausing Coordinator/Monitoring Agent before. reengaging'the"tenan't se ect'onprq,cess,Previously cited; 15. Annudi'.Income,to determine.program:eligibility,will be calculated'per 24 CFR.Part 5;:; 16. The Housing Coordinator of the Planning an;d:Develo;pment Department shall be the monitonng agent for the accessory apartment.,Annual'rn' itoring_shall Inciwde verification,of tenancy, affordability; and compliance: with Comprehensive Per The homeowne shag be responsible for the fee for Housing Quality Standards (14M.I.Inspectioris. 17. Every twelve."months the applicant sh"all review 'the neame el gibility of ttie tenant of the Accessory Affordal l.e Apartment unit N61ater than a year from the date of issuance of this Comprehensive Per""init,the applicant shall file with the Housing Coord`nator/Moriito""ring Agent an :annual affidavit,stating the fent charged and m..come of`the unit tenant along wit11 all required suppar`ting documentation, The pr"operty owners and/or tenant shall provide any additional information deemed::'necessary to verify the"information; provided in the�affidavit;and"annual monitoring documents:: 18 Upon any''report-:from the Housing Coordinator/Monitoring:Agent that the terms and:conditions;of this permit are not being.upheld; the Hearing Officer of the Zoning B"oard of Appeals may hold a. hearing to revoke this permit or cause enforcement action to:be taken for compliance 19. This Decision, the Regulatory Agreement and Declaration ;of Restrictive;Covenants and all other necessary documents shall:be recorded at th'e Barnstable County"Re,gistry of Deeds prior to application for a building permit: 20. Should:owne.rship of the;subj6cCproperty"transfer,.th;e;{�ermit holder identified he:rein.sh..l(,notify the Hausing Coordiria;tax/Moh"tonng:Agent.and provide"w�thm 60<daays of the date of transfer,,the name and current _. contact information for the neweowner-of th- e.sub}ect"property: 21. This Comprehensive Permit shall be exercised.. conditioned herein or it shall expire. 'Ordered Comprehensive Permit' No. 2018 016 is granted with conditions to:Carole Mae Lane"for property addressed"as 1025.Service:Road.;West Barnstable,:MA.This permit is.not transferable without prior perrrission'of the Hearing Officer: The zornng relief issued m`this Comprelj;ensive Per`rriit is that;of a v"ariance to Section 240=13,(A} Principal permitted uses in the RF Zoning Districts"to permit a one bedroom accessory:affordable.>apartment°umt within the p i rmci ip. g• al dwelling. � A written copy"of this"decision'will be forwarded to,the Zoning Board of Appeals as required by the Town,of Barnstable Ad"minisU. tive Code"Chapter 241, Section 11. If after fourteen.(:14) days from that transmittal and ;provided that the members of the Zoning Board of Appeals take,no action to r"euerse the decision, this decision hall be filed;with the Toinin'Clerk's Office:. lt.shall then.become final only a fter 20,d'ays has'expired;and certified by"tte ToWn Clerkthat no pp. was filed;on thedecison; Appeals of this decision,"if any, shall b.e:made to the`Barnstable"Supenor Court pursuant:to IVIGL Chapter 40A, Section 17,with irrtwenty(20)days?after the date of the filing of this.decision in the office of the TowrrClerk. The applicant as the right to,appeal'th s decision as outlined;in MGL Chapter 40B,,$ection 22'; i Aie odo akin, Hearing Officer Date Signed= 4:. I Town of aarnstable;Zoriing Board of,Appeals Decision&.Notice Comprehensive Permit No.•;2018 016—.Lane I, Arin:Quirk,:Clerk of the Town of`.Barnsta.ble, Barnstable'Cawty, Massachusetts, hereby certify that twenty'(20) days;have elapsedsince,the,Zoning Board'of Appeals:fined thi"s decision and`that no appeal of the decision h`as, been filed•in the office of the Town,,"ClerL Signed and sealed this day"of—f� urider"the pans and penalties;of:P' rjQ ;8 Ann Quirk;Town>Clerk; BARN$T'ABLE REGISTRY O D.EEDS John F.''meade Register 5 .. REGULATORY AGREEMENT AND DE.CLARATIOIV OF RESTRLCTIVE COVENANTS;' THIS REGULt1TORYA6AIIE vfENT and'DECLARATION OFF 12ESTRIC'TI'VE COVENANTS;is made this° 28_ .day of lVtarch ,:2018 'by and between'Carole Mae Lane'of 1025 Service Road,West Barristab.Ie MA anti its successors:and assigns (hereinafter the'"O*nee),and the TOWN OF BARNS lAlItE(tine"Municipality',a political subdivision of the Commonwealth; WLJEREAS the:Owner has beef 'granted;a Comprehensive Per im under Massachusetts General Laur Chapter 401 and.local regulations by the.Zoning$oard of Appeals to permit the creation of ah.,accessory apartmer tin an owner occupied dwelling which will be rented:to.a Low or.Moderate Income.Person/"Family.(Hereinafter "Designated Affordable:[7iut'�; N.OW FHEREFORE,in mutual`consideration of the agreements and covenants contained herein,and other good and valuable:consideration;the receipt and sufficiency of which'is`herebyac cnowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGNz A: 'The terms of this'•Agreerrient"and Covenant regulate th"e:property located at 1425 Service,Road,West Barn stable:MA;as furthe described in"a deed recorded herewith as Barnstable County'Registry of Deeds Book,155,71 Page 94. B. 'The Project located`.at.1025 Service Road,West,Barnstable,MAwill consis.t.of one:accessory alar.tment;unitwhch 1vi11 be rented to an eligible'low or:rrioderate income iridividual.or.family(the;"Designated Af for dable.Untt"or the"Llffll C: The.Owner agrees to construct the Pioject u ae,q'dance:with>ih' terms<of comprel ensive'peinuf;` Appeal No' 2018=01G anti any plans'submitted therewith and all applicable aaie,federat and municipal laws and x . Yegulations Said permit recorded herewith.`as Barnstable County Registry of Deeds Book . Page . Th'e Owner agrees to occupy the principal dwelling unit located`on the property as,thetr.principal residence u-accordance with the terms of the comprehensiPe perM1. II. THE OWNER'S COVENANTS AND_RESPONSIB.ILITIES:. A, TFIF.,OWNERHERE$Y REPRESENTS,COVENANTS AND WARRANTS ASTOU61M 1 In receiving the comprchcnsive.permit to create:the Designated Affordable unit,tlZeOwneY agreed that< Elie Designated AfEordable;Unit shall beset asidc:in perpetuity`for the,ptiblie pupose.ofproviding safe and: decent hoii,ing to:Persons:earning at or,helow 80%of'tl ear ca nedian,income of Barnstable<IVletropohtari Statistical.Area.,(VISA)and that the D'esignatied<Affoidable Unit shall.be deemed to be impressed with,' public; tips 2. TI e Designated Affoidable Unit shall be rented in perpettuty to a hOuseholel.vitli a maximtym income of 90/ of the Area.Mediah Income";(AMI)of Barristable,MSA and that;i eat(u chiding uttLttes)'shall riot exceed an amount tkat is affordable to a`.l ousehold whose income is,80%.of ih..e median income of"Barnstable MSA. In. the event that utilities are separately,metered,a,utility:.allowance established by'the`,Barrstable>Housing Authority shall be ded"acted fiom the'rent level::. I 'I'he�Designated Affordable Unit N'vM bbe retained as a.permanent,year;round,rental,dwelling unit with,fit least a one year lease:,: 4.. The Owner has the full legal right,power;and aizthoiity to execute and:deli, r this Agreement 5. The execution and performance of thisAgreernent by the Owner well riot violate or;as applicable,has: 'not viblated any provision bf law,rule.ar regulation;or'any order of any':couri..or oilier,agency:or.goeea nmental' body,and will not violate r,as'apphcable;has riot violated any provision of ariy indenture,:agreement,rnoiVg% mortgage note,or other instrument to bicli the Owner is a party or bywluch;it or the COw Is bound,will W. result in tl e creatioivor position,of any?prohibited encumbrance of any nakur..e:; G. The,O,�vner,.at the tune,, execution aridAelivery of this Agreement.has good;clear marketable tttic=to, the premises.. 7. There.is no action;sure or'proceeding at;law or in equity or".byo before any governmental.; instrumentality or o3er agency now,pending,or,to the knowledge of tle;Owner,threatened:against or affecting it,or any ofits properttes`- ir rights,,'vluch,if adversely I'd eternvied,would materially itripair its right to carry on. business=:substantially,as now conducted`;(and as.now contemplated by thus Ag ecment):or would materially' .. adversely.affect its:financial condition. B., COMPLIANCE: 1`l e Owrrer herel,y agrees that can and all requitements'of the laws of.the Commonwealth of Massachusetts to be satisfied in order'for'the provisions of this Agreement to constitiftc restrictions and covenants ilinning;with the land shA.be deemed to'be satisfied full and that:any requirerrietits of.privtleges of estate are also deemed to be'satlsfied`in f4Rw C., LIMITA MKON PRQFITS 4: The Owner agrees to limit his/her profit:by rerrting the Designated Affordable Unit imperpetustyto:a: household with a maximum rticome of 8Q%or less of the,Area Ivlcdian Income of Barnstable O. Metropolitan Statistical.Area(MSA)and that rent(inclu.ding utilities)shall not exceed an amount that.1, affordable'to a household:whoseincome is 80%:of the,fiedian income of Barns table.MSA. In:the event that utilities are separately metered,a`v ty°allowance-'established by the Barnstable Housing Authority shall b`e deducted>from.the,'rent, 2: The-Owner shall`annually delive- to the Municipality and to theMonitoriiig.Agent;as designated by'the Town Manager,proof that.the Designated Affordable Unit is rented,the tenant's.income verification,a copy:of the lease agreement and,de rent charged,.for theirut ar units. Such information shall:also lie forwarded to the, Ivlonrtoiing Agentxvitliin'30 days, the o.:ccupatihn of the dwelling unit;or units by a new tenant Thc:Owner shall nogfy'.' he Monitoiting Agent;as designated by the Town Manager;=withun'thniy(30)-days oftbe date;thxt a; aenant has`vacate'ii,the Designated.Affordable Uriiti III. Iv UNIGIPALITY COVENANTS AND,RESPONSIBILITIES; Ile MU1rIICI;PAII 1'Y,trough the inoitoritrgagent desiginated by the Town Manager agrees to pen form the duties'of verifying that tine Designated Affordable Unit is lieing rented in perpetiuty.to alouschola, wikh a maximum itrconre of 809/ of less'c%f.'the Area Median Income,(AMI)°of Barnstable VISA and that rent, (including utilities)shall.not exceed an amount that ISAffordable to a h6useh6l.'d whose- ncome�is 8fl%of the' median income of Barnstable MSA.In'the.event that utilities are separately metered,a utility-allowance; established uy the I ainstable.Aousmg Authority shall be:deducted from-the,rent,: 2 f IV RECORDING OF AGREEMEN'T, L7pon executtorr :the,0�`PNER shall irnizaediately ca4isetliis Agreement}and aty amei�driierits„hereto to be`recoi ded with the Regis ry of.IDceds for Barnstable County or,if.the'Project consists in whole or in part of registered land,file this,Agreemeit arid'any arnendmentshereto'with the Registry DstricGaf thcBarnstable Land Court(collectively hefeinafter the"Registry of Dceds'�;and the Owner shall payalt fees:and charges incurred in'connection there\with.; Upon,recording of filling;as4applicab..le,the Uwnet shall u mediaid titmasm t` to the Municipality evidence of'such recording br fiBng•including the date and'instrument,book All, page.ar registration:number of the Agreeieit: V: GOVFTtNING.OE.AGREEMENT ',rhis Agreement shall-be governed'by th,e laws 6,Uthe Commonwealth;of Massachusetts Arip amendinerits to this Agreement must`be::in tvritirig and:;executed by all of die pgrties:l ereto. `I he,invandrty of An y clause;.part or p>ovisin of,this Agreeriient shalt notaffect the valydity. of.the remaining.portions Hereof:: VI NOTICE:: All;;notices to lie given piu suant to this Agree'rnent shall be It writing and"shall be deemed given w$en delivered by hand or when mailed`by certificd,or<tegistered mail postage prepaid,return receipt requested,to the:; parties hereto at'the addresses get:forth'beib*,di to•`such othex place as;a party,may«from time to time dcsigi ate by written notice, VIh I IOLD Ht1RMI ESR. The Uwner hereby agrees.t, indemnifyr and hold harmless the Municipality andJor its delegate from any and all.actions'or inactions by the O.Wner its,,agents;Servants of employees which result in ela ins e,,against. dlegat , n -but not:. ,ouopock expenses and:Muicpa ty ndor s. ri , tn attorneys fees necessitated by:su h. ,., ions:: VIM ENTIRE UNDER$TANDINGc A. `Ibis Agreement shall;conshtute'the entireders _an dig between the;partie"s and ariyamendmcnts or than hereto.mtist be in.writing executed by the.,parties;and appended to,thus documeixt B: This Agreement and`all.of th'e-covenants, agreements and:restrictions contained-herein shall'be•deemed. to.be for .the public putl:ose of providing safe affordable housing a d shall be deemed to be, and by .tt esc presents are;,granted by fire Owner to,run-in,,petpetuity,in favor of oriel be Held by the Municipality as any otHer permanent restrk.t on held by.a governmental bod"y as that term'is used in MCTL Ch. 1'84,Section 2(,;�vhich:&hall run;with the land described m a deed recorded herewith':.as Barnstable.County Registry of Deeds Book 15571 Page 94 and shall.be binding tilion die.Ocvne and.all successors 0 title: ,'-This Agreement is made for the benefit:of the`Ivlunicipaliti and the,Munici;pahtyshall be deemed to;be die holder of.Lthe restriction.created bb this Agreement: The Muri cipahtp has deter'mined.diat fire acqu rYrrg of, such a-restrict omtsdo the publicinterest> The Munic..ipahty sh111 riot be;sublect to the defense of lack of:'pr7vity of estate I7ie:covenants and restiictions contained ii this Agreement* hall be;deemed.to,affect the title to:the property described In a deed recorded. herewith as=Barn'stable County Registry of:Deeds.Book l55.71 Page,94. IX. TERM OF AGREEMEN`I" Tle term of this tgreezrzent shall'be perp`et<ial,provided,however,t1i-a'tthe C)wner of'a:Desgnated. 3 r Affordablelliiit dv'q is mayvoluntarily cancel:the giante&Cornprehensive Permit and the terms and tes ricd ns unposed herein. _uq, car cellation sl all.onlytake of€ect after 1)expiration of"the l`ease"terrns sadu ; dnothcnUthe Ower osd.ntexedinto between:the O-,vner,and'I'enant,occupyin u y dwelling to the Zoiingl3oard ofAppcals of"his/lzer,desre to cancel theComprchensive permit upon a date certain and:the iecos.diig,o;E said not<ce,at the.Barnstable County Registry of D"eedsorBainstable County' Registry of the Land' as tha:;;ease may be,thus rendering said ''rehcns ve"Per r a void Upon the cancellation::of the`comprehensi�e:permit.the property..wlvch is the subject matter•of.tlus restinctyvecovenant shall revert'to the;use permitted under zoning arid,the restricrive'cover aht shall be rendered void. SUCCEgSORS AND ASSIGNS: A., The Parties to this.Agreementantend,declare,and covenant on tbehalf of liemselves and any'strccess'rs and assigns their rights and<duties as defined;in this Regulatory Agxeemngr�tand the.attached comprehensive; n_ ex:mit. B l;lie C7wne1 inten ds,declaLes;'and covenants on behalf of itself-and iwsuccessors and:assigns'.(t)"that;ali s: Agreementand the:covenan'ts,"agreements and iestr�ietions contained herein shall,be aril axe covenants running with the'land,eneuiiibering the Project for the term of•this Agteement,'and are binding upon the Ownet's successors;n rifle,(ir) are,riot merely personal covenants of the Owner„and(iii)shall bind the:Owner, is successors and assigns and;uiuiq,fo khe benefit:o'f;the Minicipalit --an ii its successors"# assigns for the term of th'e;Agreement. XI: . DEFAULT. If ariy default,V%iolation or breach by.the'Owner;:o`fihis Agreement-is not,cured'to the satisfaction of'the "Monitoring Agent wrthin"thtrty(30) days after notice to the Chyncr thereof,then.the Nlonitoriig-Agent may send.' notification to the, ntcipaUy"that the Owner is:rn violation of the terms and•conditions hexcof The Municipality ma'y"exercise'any reinedy'available"to:"it. The Owner will p'ay all costs and expenses,inclucitng legal fees.,sncuired by the Monitormg;Agent i enforcing this Agreement and the Owner hereby agrees that the, -lulicipality and the Monitoring Agent will have-a lien'ot the Project to secure:payrrrent of such costs and :expenses..The:Monitoring�Agent may perfect such a'licn on the:Pxoject by�ecorcitng a cerUftcate setting forth the amouril of the:`costs acid expehsse due'and'o�v ng in,tl e.Registry of Deeds,or the :epuy"of"the District Land Court for Barnstable County A purchaser of the Project or anypoition thereof will be hable'for the payment of anyunpaid costs and expet ses"that were the subject 0a petfected hen poor toy e purchaser's acquisitto`n"of fie Project of"por'tion"thereof:: XII. MORT GAGEB CONSENT: Tbe. ::Owner;;represents and.warrants that it has obtatnedahe,consenl btall elxf t g mortgagees:of the Project" o the execution and ecorcling of`this Agreement grid to the terms>and condrtionshereof,and that all"such' mortgagecs`have executca consent"to this Agreement: 4 I IN �ITNFSS W1-IEREOF,we.hereurito:set:our hands:arid seals tlus:: .28,`. day of March .. 20.1$, OWNER me c,.• �.�. .- Signa a ����pq�+�ia�uai� fNA ��. A m .Print" ;.�� , OZo 'fit>•.'� •.,. t �y 't�, COMIYTOI�IWEAT.TFI©N MASSACI-IU,SF,,'I'T'S - - '�`•"� .�' .� •.p 1sa y+ 4�... County'ofl3arnstable,ss;:! ��''�., - On this. 2$ day of March. Zbl& before tine,=the undersigned.notarypublic;personally appeared; Carole'Mae.Lafff the Owner(s),proved tome through sat.§factory euidenee of identification cation,w„Bich were - ,to be the persons}'whose; name(s)is`signed on the preceding or'attached document and a.clmowledged to be that he she s e 't voluntarily£or the stated`purpos N scary Pu, :. ......_ OIMIMIfN11RJIttN OF Notary Pu h My Carvmq�iort Egfitos Au ,N 2t Printed: my Gorntnission Expir es:� ZV :— TqWN OF.BARNSTABI E TO Ivlts AGL7R COMMONWAAIXq F-MAS8ACHUSM7P5 .County'of:Barnstable,'ss:; Ori:iMu. 'day of 20/�befoie mc;the undersigned notaiy public;personally app o�yn Manages f �r�Tlie Town of Barnstable,proved to me thtou evidence•of identificatton;�vluch:wcie ,to"be the ,erson whose n ' P' _ the.preceding ox.attached document and ac of edged to be that he/she signed it voIuntar;l'- s purposes,: > M , WO C !� I?tirte 1 � ' y'Conunission Expires UT SKII.R.L41 MAY DAKLEY BARNSTABLE REGISTRY. OF'DEED;S; COMOONWEnL HOMASSACHUSET;TS My Comm�ssro ExPites John F: Meade, Register March I1,-V2x ce �Qcn FizoTi L G2C'1' 20)(0 w� CA Ms mom z Cc14i*�c. -� 1 INtN+D� So-a `� LIVINg • ROOM ne SST „JItlI� Ila, 1, Ila M �� � r ��� �.wryn�NWMIbW�uYlew.W�Iry.�Mi41YI1WBl ��IIII�IP'"wa.Nworos� ■ YIYMtlMMWMIYIWIIID• W�� �0�� y[�yAtllµllvW�I1Nq'tll�"M YW I` WW UvLesS A/c-n5.D -, 5.r.!.,�„'(� y. r�1� >I� Imo•,�'S c�'�t�r,.a.,�,'►�u .r � ��i�• s�' '�'� , ., ......... ..�I.Nmmwmn��•�C„°,W.�..•.�tl�.tl�.�.W.w.,..W...w.tl...w.�,.W.w..........,....,W�...�Wn ��wlMwalrtlwNl�.rtltlW ,` ^ r. '".`�� 1 �r�tU `Y• �...r� 1�� f•Ln�e:., VGrs I4- ..i=:�r�n��=�'�iiy+•���:im�r•►ii�lf 'r�;Ei������ /b -'A I,* A-1 1;vs��L L 63' L G2C S oxa Lill.gAvej SSA AS �c►4►r-k-, ' INtN4 v LW L� Dan>As O-e ga ,r UN less ivo �l lr' 7 .. g' A C-TWO5 SAS MENI. PLAN I�� ��c lc -AkWA by k;-� a III, i I an Cd9 l I' _ 1j,ld�N. �a m .• 1 u �j�/� ��� tirw.wr��yWMMWWYIw.M+MgFM,41���111 Q�QIu���WWuwwwlMl� � M14MNNMWIIYIWII�, pCRT ' o SoKd D 'G 3a. S I.,' y. i4 /+� /►�•r�9 S u ter, u . s�' ''�'�' .._w.4...wW� ..m w�..,.w.,....w.�.,w.�.w,.wW.,w.w,.�..w......w..w..w,W�...,,� �. .. ....... 9MO� �E f.��.:.� ��.� ���.��.,t"5 �,,,,�'��� f,�""" �'-x'�f..�1 h�,/�' I....l lr"t.r��'�;.► J��'�'�"� �1�'�" w��,. �""��I,�,a,, `v'1�.� r /L _'11 t A-1 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 Ledbly Name(s iness/Organization/tndividuai): L-, KA-c- IA-(N e' Address: city/State/Zip: Phone#: -50 776-70PO Are you an employer?Check the appropriate bow Type of project(required): 1.El I am a employer with 4. [] I am a general contractor and I 6. ❑New construction employees(full and/or part-time).* have hired the sub-contractors 2.El I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling These sub-contractors have g, �]Demolition sWand have no employees workin for in an capacity. employees and have workers' g Y aP tY• t 9. ❑Building addition [No workers'comp.insurance comp.insurance. 10.0 Electrical re airs or additions 1/required.] 5. 0 We are a corporation and its P 3 I am a homeowner doin all work officers have exercised their 11.0 Plumbing repairs or additions ® g myself[No workers' comp. right of exemption per MGL 12.0 Roof repairs ins - uance re � 0.152,§1(4),and we have no required]]t employees.[No workers' 13.0 Other comp.insurance required.] *My applicant that checks box#1 must also 0 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 suck tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state vyhether 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.Lie.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up,to$1,500.00 and/or one-year imprisomnent,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up,to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above,is true and correct: � �'�/�CX4 - Date: 5 d3-QM,� L' ;Signature• Phone#: -50e" 7?6 7o?0 Ffficial 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.EIectrical Inspector 5.Plumbing Inspector. 6.Other Contact Person: Phone#: FTHE �. TOWN OF BARNSTABLE �� F BUILDING DEPARTMENT APPLICATION FOR CERTIFICATE OF OCCUPANCY Date Building permit application number map/par- Address of structure Area of structure C.O.will be issued to Name of Tenant Edition of Building Code Use and Occupancy Classification Type of Construction Design Occupant Load Is the facility licensed by a State agency Yes ❑ No If yes If yes, name of agency Relevant Code of MA Regulations(CMR)that apply Automatic Sprinkler System Sprinklers provided? Yes ❑ No ❑ Sprinklers required? Yes ❑ No Building Department Use only Special Conditions: Application Number.................................. Section 9—.Construction Supervisor Name Telephone Number Address City State Zip License Number License Type Expiration Date Contractors Email Cell# I understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable.Attach a copy of your license. Signature ' Date Section,10—Home Improvement Contractor Name Telephone Number Address City State zip Registration Number Expiration Date I understand my responsibilities under the rules and regulations for Home Improvement Contractors in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable.Attach a copy of your H LC... Signature Date Section 1.1—Home Owners License Exemption 1 Home Owners Name: C_ MAP— LOYL�- Telephone Number S0e 776-7pga Cell or Work Number I understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 7800 CMR and the Town of Barnstable. Signature- C� ,�/� ��� Date .5= 3- APPLICANT SIGNATURE Signature-- 2f=-= Date !Print Name K&, L AnJ et— Telephone Number SOd-'7 76- 20&d {E-mail permit to: c4ad m&e - T.. .....i..a-.7.n/nnni 0 Section 12 —Department Sign-Offs Health Department ❑ Zoning Board(if required) Historic District ❑ Site Plan Review(if required) ❑ Fire Department ❑ Conservation ❑ For commercial work,please take your plans directly to the fire department for approvab Section 13—Owner's Authorization L , as Owner of the-subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application for: (Address of j ob) Signature of Owner date i Print Name a _. Last undated:2J92018 r Town of Barnstable Regulatory Services ox Richard V. Scali,Director Building DivisionTOWN OF ARSTABLE "B Paul Roma,Building Commissioner riqM ; 29 200 Main Street, Hyannis,MA 02601 www.town.ba rnstable.ma.us Office: 508-862-4038 TVT ( Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is � - � °� I am the owner/resident of the o . property located at: The followingmembers of m family will be the sole occupants of the Family Apartment at the Y Y p Y p aforementioned address: Name &relationship to owner: Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately note the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family-Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this S",t� day of 2017. (3yz) 2Ta, 549 77 7089 Signature Phone Number Print Name C*,- o4e Hite q:forms/famaffid.doc rev 11/08/12 Town of Barnstable Regulatory Services oFt"E r�rj. Richard V. Scali,Director Building Division ' RAMSTABMThomas Perry, CBO,Building Commissioner 'OrEn 59. s 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is C o ' �� ,,.�__ I am the owner/resident of the property located at: The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: Q/`o ,ti 10 r` Y, - Name &relationship to owner: The Family Apartment will be the primary year-round residence for he above-identifiedn family members. In the event that the listed relatives vacate said apartment, I will immediately 50 note the Building Commissioner in writing. I understand that no subletting or subleasing�of sa"I) -.. Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building i�s Commissioner listing the names and relationship of occupants in said Family Apartment.rl,,also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this 1U�t day of 2016. 7 )G-70�-u Signature Phone Number Print Name @f�r�o� 1`�AeAtip— q:forms/famaffid.doc rev 11/08/12 Town of Barnstable oFE r Regulatory Services Richard V. Scali,Director ,. 5LE BAMSTABLE. » Building Division 1639. a.0� Thomas Perry, CBO, Building Commissioner. `` 3 '� 2- D I FD MA'S 200 Main Street, Hyannis, MA 02601 www.town.barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is I am the owner/resident of the property located at: 16)d S The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: Name & relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately note the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this day off . 2015. �J Signature Phone Number Print Name U4ay e' R to L'rN<-- q:forms/famaffid.do c rev 11/08/11 Town of Barnstable Regulatory Services �ttop�o Richard V. Scali,Interim Direct TOWOF R , t3 Building Division BMMSTABUE, Thomas Perry, CBO,Building Commis'§���an .r::' flt 22 `bA 039. .• 200 Main Street Hyannis, MA 02601 rE0 MA'S A www.town.barnstable.ma.us Office: 508-862-4038 DI IS{ 1`sFax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is ?V 2::�i- Y4111 - I am the owner/resident of the property located at: 10 o?S S ?e of c e U,P, The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: 6,=4J - Jatq/ Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notes the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of 2014. Signature .Phone Number Print Named�d � ✓�= � q:forms/famafd.doc rev 11/08/11 Town.of Barnstable Regulatory Services rq Thomas F. Geiler,Director r�,ar or TA fA °* Building Division T ,3`, �. e w BARNSfABLF. ' Thomas Perry, CBO, Building ComnItji ner I' P> : Mass , �_ Ar 039. A` 200 Main Street, Hyannis, MA 02601 ED Mp`l www.town.barnstable. .m.a.us Office: 508-862-4038 Q l ION JaFax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath;depose and state as follows:. My name is e. I am the owner/resident of the property located at: S'�ice 622,1 l.J eS�- l�•ez�.ns��e ��s G a��s� The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately note the Building Commissioner in writing.I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building_ Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA.Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the.Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family,Apartment at this location,please explain: The apartment has been dismantled. The apartment has-been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of / 013. Signature Phone Number Print Name C/I IZ e M,� "N e q:forms/famaffid.doc rev 11/08/11 I Town of Barnstable Regulatory Services oFTME Thomas F. Geiler, Director Building Division DLE snxxsz�Bi.E n Thomas Perry, CBO,Building Commissioner€= � _ 2 3 Ar Aye 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 DI; Sl Ohl Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and'state as follows: My name is C�JZCAe_ M,44 I am the owner/resident of the property located at: )0as .S ice VQ Q njus& 0 6�— The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name & relationship to owner: Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately note the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. 1 also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family-Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of 12. Signature Phone Number Print Name q:forms/famaffid.doc rev 11/08/11 Town of Barnstable Regulatory Services oFt"e rW�ti Thomas F. Geiler, Director, a l 0 Building Division ? + RMWSrABM ' a r i' P „� Thomas Perry, CBO, Building Commissioner �At 1639. 96 200 Main Street, Hyannis, MA 02601 ED MAY www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable, Family Apartment Affidavit I, being on oath, depose and state as follows: My name is ?—k / I am the owner/resident of the property located at: An SP11 I ct__ aZ The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name & relationship to owner: t ax./ -��,[ c exe, &I Name & relationship to owner: T The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately note the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that 1 am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. 1 also understand that 1 am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to notify.the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this Nd day of yry�l 1. Signature Phone Number Print Name Town of Barnstable Regulatory Services °F1HE l° Thomas F.Geiler,Director Building Division BARNSTAaLE, Tom Perry, Building Commissioner 9 MASS. g 039• 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is L I am the owner/resident of the property located at: WC-'?d- 6AVW_s&.-ke MAL 1 02a6, The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name & relationship to owner: he� �/�/i°�c9� n� D'A'44 Name & relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. 1 understand that 1 am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of4 2010. ce Y OX 7 76 -7a Signature 1 Phone Number Print Name (� Izd l e rr 4e �Ari e Q/bldg/forms/famaffi d Rev:12/08 CHARLES D. BAKER GOVERNOR JOHN C. CHAPMAN $q� Mass achusetts OF KARYN E. POLITO Commonwealth of IVlassachusetts CONSUMER AFFAIRS AND BUSINESS REGULATION LIEUTENANT GOVERNOR Division of Professional Licensure CHARLES BORSTEL JAY ASH Office ®f Public Safety and Inspections COMMISSIONER,DIVISION OF SECRETARYHOUSING 1 Ashburton Place, Rm 1301 • Boston • Massachusetts • 02108 PROFESSIONAL LICENSURE ECONOMICMIC DEVELOPMENT N O �� C7 4-4 0 Date: February 9, 2018 Z° ca -n z � cn Name of Appellant: Carole M. Lane M Service Address: 1025 Service Road West Barnstable,MA. 02668 In reference to: 1025 Service Road West Barnstable,MA. 02668 Docket Number: 17-0170 Property Address: 1025 Service Road West Barnstable,MA. 02668 Date of Hearing: January 18,2018 Enclosed please find a copy of'the decision on the matter aforementioned. Sincerely: BUILDING CODE APPEALS BOARD Patricia Barry,Clerk cc: Building Code Appeals Board,Building Official l �a TELEPHONE: (617)727-3200 FAX: (617)727-5732 http://www.mass.gov/dps i COMMONWEALTH OF MASSACHUSETfS SUFFOLK, ss. BUILDING CODE APPEALS BOARD DOCKET NO. APP=BCAB 17-0170 Carole M. Lane, ) Appellant ) V. ) Town of Barnstable, ) Appellee ) DECISION Procedural History This appeal is before the Massachusetts Building Code Appeals Board ("Board" or "BCAB") as a result of an.application filed pursuant to G.L. c. 143, § 100 ("Application") on November 14, 2017. Appellant Carole M. Lane is seeking variances from 780 CMR R302.3 and R305.1 as part of a project to convert a basement and former garage area into a dwelling unit, . located at 1025 Service Road, Barnstable, MA ("Appeal"). On or about November 10, 2017,the Building Commissioner for the Town of Barnstable issued a letter, which stated that proposed ceiling height for the dwelling unit would not .comply with 780 CMR R305.1. In addition, he determined that the proposed separation between the dwelling unit and the upstairs dwelling would not comply with 780 CMR R302.3. (See Exhibit 1A, below). Notice of the hearing was issued to the parties. A hearing for the Appeal was held on January 18, 2018 in accordance with M.G.L. c. 30A and 801 CMR 1.02. All interested parties were provided with an opportunity to testify and present evidence to the Board. (For Appellant: Carole M. Lane; Patrick Harvey); (for the Board: Richard Crowley; H. Jacob Nunnemacher; Michael McDowell. Patricia Barry, the Board's clerk, and Charles Kilb, Counsel to the BCAB, were also present.) Exhibits The following documents were entered into evidence: 1. BCAB Appeal Application Form for Docket#APP-BCAB17-0170; 1-A. Letter dated November 10, 2017 to Carole M. Lane from Brian Florence; 1-B. Town of Barnstable AAAP Report, re: 1025 Service Road; 1 1-C. Floor plans for proposed dwelling unit in basement level and first floor plans. Findings of Fact and Discussion Appellant testified that she has been using and renting out the dwelling unit. The garage and basement had been converted to an apartment approximately 14 years ago, and, according to Appellant, she obtained all municipal permits to do so. The front exterior door to this apartment opens to the living room shown on the "Basement Plan" in Exhibit 1C. The ceiling height in the living room is approximately 6'-8". (Although the Building Commissioner's November 10, 2017 letter also cites 780 CMR R302.3, Appellant represents that she will obtain a building permit to make the ceiling achieve the required one-hour fire-rating.) From the living room,there,is a door way leading to the dining area. The floor elevation of the dining area is approximately 4" higher than the floor of the living room. Because of the different elevations,the ceiling heights in the dining area, bedroom, laundry/utility, bathroom, and roof for storage are all 6'-4"to 6'-4-1/2". (As is typical with existing basement structures,. it would be extraordinarily difficult to change the floors' elevations or change the elevation of the first floor of the house to achieve minimum ceiling heights.) Conclusion and Order Based on the particular facts and analysis described above, the BCAB GRANTS a variance from 780 CMR R305.1, on conditions that:the dwelling unit's ceiling height must not be lower than 6'-4" in the areas other than the living room; and.area shown as "room for storage" must not be used as a bedroom unless and until it is permitted and approved by the Town's Building Department. SO ORDERED, BUILDING CODE APPEALS BOARD By: ((G�t�" ,I�G'i^E:� Cr(�u�--� �1�1`'(G�C.1C.� ��,liU ` '%� I . ,%. tZ-I�i(k�.� [ Gc.!•C�� t. H. Jacob Nunnemacher Richard Crowley, Chair Michael McDowell DATED: February 9, 2018 2 Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to Superior Court of the Commonwealth of Massachusetts in accordance with M.G.L. c. 30A, § 14 within 30 days of receipt of this decision. 3 Anderson, Robin To: Florence, Brian Cc: Coyle, iBrenda Subject: 1025 Service Road, WB Brian, I just spoke to Carole Mae concerning her former family apartment/amnesty application. She is the party that went to the state for relief over the ceiling height in the basement unit. I asked Ms Mae to send us a copy of the letter that she was issued by the hearing's officer and she promised to do that right away. She also informed me that she has been discussing the amnesty process once again with Arden. As of last week, I am told that she has been scheduled for a hearing on 2/28/18. 1 am not sure if you have had to sign off on the property approval letter for this to proceed or not. Maybe you have done so already but to my knowledge we have only a record of a denial. Maybe you can sort this matter out with Arden. Staff has not been advised of any movement with regards to this application. dt9ki. Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi 508-862-4027 o +� V�• L O ��/ V I I`+ V w �r M 1 L r Town of Barnstable Building Department Services Brian Florence, DST Building Commissioner BgNSTABLE 200 Main Street Hyannis,MA 02601 o.NXS p E•m 39 2014 �j N.8510N5 HILLS•OSIFpYILLF•'1E51 pSpHS}ep{( 7 J 7 1639-101M1 www.town.barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 January 18, 2018 Carole Mae Lane 1025 Service Road West Barnstable, MA .02668 Re: Former Family Apartment in Lower Level Dear Ms Lane: This letter is a follow up to a telephone conversation intiated by the Building Commissioner, Brian Florence yesterday. He contacted you regarding the status of your appeal with the state. You will recall that the appeal process was triggered by some building code issues identified by the Commissioner when he inspected the apartment for our Amnesty program. Today, we received the annual family apartment affidavit you returned to us including the notation that you had secured a new tenant. You indicated occupancy within two weeks was eminent. The Building Commissioner has requested a copy of the decision from the state board concerning your appeal. He advised_ you that the apartment may not be occupied until all approvals are in place. He also respectfully reminds you to complete the Amnesty application process and has referred you again to Arden Cadrin, Housing Coordinator (508-862-4683) for advice on how to recommence this procedure. If you have any questions or would like to discuss this matter with me, please feel. free to contact me directly at 508-862-4027. Your anticipated cooperation is appreciated. rely, Robin C. Anderson Zoning Enforcement Officer d i own or rsarnstme Building Department Services p1HE tom, Building Division Brian Florence,Building Commissioner BARNSTABLE, 1 200 Main Street,Hyannis,MA 02601 y MASS. g s639• $ pjFD"A°�p i08-862-4038 Fax: 508-790-6230 Notice o Zonin Ordinances Violations and Order to Cease, Desist and of Zoning �� Abate: Carole Mae Lane- and all persons having notice of this order. As owner/occupant of the premises/structure located at 1025 Service Road,West Barnstable,MA 02668 Map 208 Parcel 094,yoL are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,January 17, 2018 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: Chapter 240 Section 14 A (1) RF Residential Single Family Zone 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: Rental of former family apartment. Remedy: 1. Obtain zoning and building code relief to create a code compliant rental unit or in the alternative, 2. Restore property to a single family home by securing all necessary permits and inspections. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable, a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. qRob' r, (�'Anderson Zoning Enforcement Officer Q/FORMS/viozonel f Carole Mae Lane 1025 Service Road West Barnstable, MA 02668 Q/FORMS/viozonel Voyle, Brenda From: Florence, Brian Sent: Wednesday, January 17, 2018 12:29 PM To: Anderson, Robin Cc: Coyle, Brenda Subject: RE: 145 Barnstable Rd &1025 Service Rd Heya, I do not consider that a change of use. Please hold off on the notice...I think a call will do. She had/has a hearing before the building code appeals board to get a variance from the building code items that prohibited her from using the space. She may have already received an approval and that is what she is basing her statement on.... Thanks, -Brian Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.forence@town.barnstable.ma.us From: Anderson, Robin Sent: Wednesday, January 17, 2018 11:30 AM To: Florence, Brian Cc: Coyle, Brenda Subject: 145 Barnstable Rd & 1025 Service Rd Brian, Do you see a change from a hair salon to a nail salon as a change of use under zoning? This site is in the HG (formerly Pro Cuts on Barnstable Road). Section 240-24.1.2 C states there can be no change from one NC use to another in the Hyannis Village zones. The applicant will return this afternoon for a response. Also, I left a file on your desk for 1025 Service Road. Ms. Carol Lane returned the family apartment affidavit with a note saying she is intending to rent to Section 8 tenant in 2 weeks. You denied her Amnesty due to building code matters. I am preparing a cease & desist order. Please advise. p�qbVe Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis, MA 026o1 1 t 1 50 62-4027 2 Town of Barnstable Building Department � . Brian Florence, CBO MAW 019. Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 January 2018 / �v Re: Family Apartment f/ cWl? 7 , Dear Homeowner, C Please complete the enclosed Family Apartment Affidavit and return it to the Building Commissioner's Office by February 20, 2018. You are required under F 240-47-1 of the Town Building Zoning Ordinances to submit an affidavit annually indicating the status of the Family Apartment. Failure to submit the affidavit is a violation of your Family Apartment approval and may result in the loss of your rights. If you have any questions,please call Brenda Coyle,Permit Tech., at 508-862-4039. c' p co Sincerely, t z v °D 'Zw � V/ n Brian Florence cz Building Commissioner �s c I Town of Barnstable Building Department Brian Florence, CBO Building Commissioner 200 Main Street,Hyannis,MA 02601 RFD�AA'�A www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Town of Samstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is I am the owner/resident of the property located at: The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name & relationship to owner: Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately note the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of 2018. Signature Phone Number Print Name q:forms/famaffid.do c rev 11/22/2017 CHARLES D. BAKER GOVERNOR JOHN C. CHAPMAN Massachusetts OF KARYN E. POLITO Commonwealth of Massachusetts CONSUMER AFFAIRS AND BUSINESS REGULATION LIEUTENANT GOVERNOR Division of Professional Licensu1r e CHARLES BORSTEL JAY ASH Office of Public Safety and Inspections COMMISSIONER,DIVISION OF SECRETARY OF HOUSING D 1 Ashburton Place, Rm 1301 • Boston Massachusetts • 0210H PROFESSIONAL LICENSURE ECONOMICDEVELOP ENT Date: February 9, 2018 k t-W Name of Appellant: Carole M. Lane CID o Service Address: 1025 Service Road West Barnstable, MA. 02668 cn a In reference to: 1025 Service Road C0 West Barnstable, MA. 02668 M Docket Number:, 17-0170 Property Address: 1025 Service Road West Barnstable, MA. 02668 i Date of Hearing: January'18,2018 Enclosed please find a copy of the decision on the matter aforementioned. Sincerely: BUILDING CODE APPEALS BOARD Patricia Barry,Clerk cc: Building Code AppEals Board,Building Official s J . 1 Ca TELEPHONE: (617)727-3200 FAX: (617)727-5732 http://www.mass.gov/dps COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. BUILDING CODE APPEALS BOARD DOCKET NO.APP-BCAB 17-0170 Carole M. Lane, ) Appellant ) V. ) Town of Barnstable, ) Appellee ) DECISION Procedural History This appeal is before the Massachusetts Building Code Appeals Board ("Board" or "BCAB") as a result of an application filed pursuant to G.L. c. 143, § 100 ("Application") on November 14, 2017. Appellant Carole M. Lane is seeking variances from 780 CMR R302.3 and R305.1 as part of a project to convert a basement and former garage area into a dwelling unit, . located at 1025 Service Road, Barnstable, MA ("Appeal"). On or about November 10, 2017, the Building Commissioner for the Town of Barnstable issued a letter, which stated that proposed ceiling height for the dwelling unit would not comply with 780 CMR R305.1. In addition, he determined that the proposed separation between the dwelling unit and the upstairs dwelling would not comply with 780 CMR R302.3. (See Exhibit 1A, below). Notice of the hearing was issued to the parties. A hearing for the Appeal was held on January 18, 2018 in accordance with M.G.L. c. 30A and 801 CMR 1.02. All interested parties were provided with an opportunity to testify and present evidence to the Board. (For Appellant: Carole M. Lane; Patrick Harvey); (for the Board: Richard Crowley; H. Jacob Nunnemacher; Michael McDowell. Patricia Barry, the Board's clerk, and Charles Kilb, Counsel to the BCAB, were also present.) Exhibits The following documents were entered into evidence: 1. BCAB Appeal Application Form for Docket#APP-BCAB17-0170; 1-A. Letter dated November 10, 2017 to Carole M. Lane from Brian Florence; _ 1-B. Town of Barnstable AAAP Report, re: 1025 Service Road; 1 I 1-C. Floor plans for proposed dwelling unit in basement level and first floor plans. Findings of Fact and Discussion Appellant testified that she has been using and renting out the dwelling unit. The garage and basement had been converted to an apartment approximately 14 years ago, and, according to Appellant, she obtained all municipal permits to do so. The front exterior door to this apartment opens to the living room shown on the"Basement Plan" in Exhibit 1C. The ceiling height in the living room is approximately 6'-8". (Although the Building Commissioner's November 10, 2017 letter also cites 780 CMR R302.3, Appellant represents that she will obtain a building permit to make the ceiling achieve the required one-hour fire-rating.) From the living room,there is a door way leading to the dining area. The floor elevation of the dining area is approximately 4" higher than the floor of the living room. Because of the different elevations, the ceiling heights in the dining area, bedroom, laundry/utility, bathroom, and roof for storage are all 6'-4"to 6'-4-1/2". (As is typical with existing basement structures,. it would be extraordinarily difficult to change the floors' elevations or change the elevation of the first floor of the house to achieve minimum ceiling heights.) Conclusion and Order Based on the particular facts and analysis described above,the BCAB GRANTS a variance from 780 CMR R305.1, on conditions that: the dwelling unit's ceiling height must not be lower than 6'-4" in the areas other than the living room; and area shown as "room.for storage" must not be used as a bedroom unless and until it•is permitted and approved by the Town's Building Department. SO ORDERED, BUILDING CODE APPEALS BOARD By: 01tt'l LU)"6C AMAJ 4V .11V H. Jacob Nunnemacher Richard Crowley, Chair Michael McDowell DATED: February 9, 2018 2 I Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to Superior Court of the Commonwealth of Massachusetts in accordance with M.G.L. c. 30A, § 14 within 30 days of receipt of this decision. j 3 r' r LOUD FUEL CO.,INC. i � { I — j 1-800-525-0888 552 Thomas B.Landers Rd. { 508-457-6595 E.Falmouth,MA 02536 i GUMBO o I I � i Name Street City i Combustion Test Equipment Hea' Plant Date Mantifat;turerr I Gross Stk.Temp, LAModel VIn ❑F.Warm Air ❑G.Warm Air I { Net Stk.Temp. 6F.Hot Water❑G._Hot Water E ❑Steam Cal Converted ,��,r 1 I UrCOz%❑Oz% A L '� No.of Zones (Check One) ? j l Bur er i Smoke " Manufac u er i i i Breech Draft • ��' Model " —61N A�3 Overtire Draft Nozzle(GPH,Angle,Spray) Filter i EFFICIENCY DPnestic 4Lj Tankless ❑Gas j E ❑ E ellent ❑ Fair ❑Electric ❑Oil Good ❑ Poor i ❑Tankiess with Booster Tank i Oil Line sC./'NC Temp.Setting I Tankle ze pm j Safety Timingotibus Cam r Parts Replaced ❑Re ace ❑Repair ActionjSo ' j Aquastat Setting I Oil Tank'Si$e als Condition , Technicians, -- Certificate No. l { I Town of Barnstable oFZHE rOh- Building Department Services Brian Florence, CBO A■ s� u �AAA Building Commissioner BARNSTABI,E BARNSTABLE, ' 200 Main Street, Hyannis, MA 026011,639. lfOMP�A www.town.barnstable.ma.us ='� Office: 508-862-4038 Fax: 508-790-6230 November 14, 2017 Carole M. Lane 1025 Service Road West Barnstable, MA Re: 1025 Service Road Building Code Appeals Dear Ms. Lane, Upon your request I made an inspection of the premises located at 1025 Service Road to determine the suitability of the basement area for a separate Dwelling and Dwelling Unit as defined in 780 CMR, the Massachusetts State Building Code, Chapter 51 section R202. During the inspection I observed that in accordance with Chapter 51, Section R305 the ceiling height was insufficient for a Dwelling Unit. Further, the structure does not comply with section R302.3 which requires that Dwelling Units in two-family dwellings to be separated from each other by wall and /or floor assemblies having not less than a 1-hour fire-resistance rating when tested in accordance with ASTM E 119 or UL 263. In order for me.to approve the structure as suitable as a Dwelling Unit remedial action will need to be completed to make the basement comply with 780 CMR. And, if aggrieved by this notice; to show cause as to why you should not be required comply with the building code provisions stated in this notice, you may file a Notice of Appeal (specifying the grounds thereof) with the State Building Code Appeals Board within (45) days of the receipt of this order and in accordance with MGL c. 143 § 100. So Ordered, Brian Florence Building Commissioner The Commonwealth of Massachusetts Department of Public Safety Board of Building Regulations and Standards One Ashburton Place, Room 1301 Boston, Massachusetts 02108-1618 Phone (617) 727-3200 ,a : Fax (617) 227-1754 e C- STATE BUILDING CODE APPEALS BOARD APPEAL APPLICATION FORW-) DOCKET iV[JMBE ' fi DATE c� - (State;Use 1 �. r-n The undersigned hereby appeals to the State Board of Building Regulations and Standards from the decision of the following person. (Please fill-in the name of the appropriate municipal or state building inspector or other authorit} Also, Also indicate if this is a request for a hearing de novo (new hearing)relative to a decision of a municipal app board.) Building Official from the City/Town of: 03Ainti Board of Appeals from the City/Town of: (Request for hearing de novo) State Building Official: Other? Please mark the appropriate box indicating the requested action to be considered by Appeals Board members. Variance Order Direction Interpretation Failure to Act Other � 3 STATE USE ONLY e k Fee Received � y Check Number _ s Reg' d B ey Y (This section iiiust be completed or the application zoill be returned.) Has the building or structure been the subject of an appeal by this or any other appeals board previous to this filing? Nov Yes If,yes,please indicate the date of the previous appeal,whether the matter was heard before a local or state appeals board,the code section that was at issue,and the specifics of the decision (i.e.a variance was granted\not granted). 4 Please take care to submit all written supporting documentation with this application to allow time for review. However,Board members reserve the right to continue proceedings if such material warrant extensive review. Please provide a brief description of the desired relief below. Additional information may be attached if space is not sufficient. All appropriate code sections that are subject to appeal must be identified in the description. C C'A11 r�r�►� S��nJ 0-�i LI'nJC Please complete the following section completely and accurately. Name of Representing: Appellant: �4ROle M. L_Arop— M YSe-A Address For Service MR 5 S`2vzv lc' UPI tojsf Yr6I e OAS a 2�faro Telephone Fax Number: SGs� '�Q�� Number: Address of Subject Property (if different from service address): What is appellant's connection to subject property? Q2cJ d��Z Signature of Appella t and\or Representative Please Print Name Legibly Please return applications to n , Program Manager,Board of Appeals r Board of Building Regulations and Standards Ozie Ashburton Place,Room 130J Boston'xMA 0210$1618 _ 5 I a DESCRIPTION"OF BU1LDIIVG OR STRUCTURE RELATIVE TO THE MASSACHUSETTS STATE BUILDING CODE ,7th EDITION) (Check as appropriate) ` Do not complete the tables below for one and two family dwellings. Proceed to section entitled'Brief Description of the Proposed Work". DESCRIPTION OF PROPOSED WORK(check all applicable) New Construction Existing Buildin Repair(s) Alteration(s) Addition Accessory Bldg. Demolition Other Specify us e Can/ e e �a -}- Brief Description of Proposed Work:CeNUeAt 6A7D--Y?NfN+ + �>f-��cl'rtL / Z AA) h9� CL -bJC jp4f - 7e USE GROUP AND CONSTRUCTION TYPE USE GROUP(Circle appropriate Use Group) CONSTRUCTION TYPE A Assembly A-1 A-2 A-3 IA A-4 A-5 1B B Business 2A E Educational 2B F Factory F-1 F-2 2C H High Hazard 3A I Institutional I-1 I-2 I-3 313 M Mercantile 4 R. Residential R-1 R-2 R-3 5A S Storage S-1 S-2 513 U Utility Specify:' M Mixed Use Specify: S Special Use Specify: COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND/OR CHANGE IN USE Existing Use Group: 2 Proposed Use Group: Existing Hazard Index(780 CMR 34): Proposed Hazard Index(780 CMR 34): BUILDING HEIGHT AND AREA BUILDING AREA Existing(if applicable) Proposed Number of Floors or stories include basement levels Floor Area per Floor(st) Total Area(so 3 3 Total Height(ft) Brief Descri Description of the Prop osed Work: 1� U i ii/STiV /� $L.Pe�f SLpc�� GP t of (l e8.I o� S�k fiete co 7 . 6 F ` STATE BUILDING CODE APPEALSBOARD y Service No"tice I, njgd l e 1 l as C W N ev for the Appellant/Petitioner -f f — F ,YrP�} 'f 4� L '1/M,-6-ZPn-AJce__ an appeal filed with the State Building Code Appeals Board on 0c 9 S , aid l � 20 HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDING REGULATIONS AND STANDARDS AND SECTION 113.0 OF THE STATE BUILDING CODE, I SERVED OR CAUSED TO BE. SERVED, A COPY OF THIS APPEAL APPLICATION ON THE FOLLOWING PERSON(S) IN THE FOLLOWING MANNER: NAME AND ADDRESS OF METHOD OF DATE OF PERSON OR AGENCY SERVED SERVICE SERVICE -] fN 2 , 3 r7 Signature:Appellant or Petitioner , On the DAy of ( JCS e� 20 1� PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED (Type or Print the Name of the Appellant) f y ZCKNOWLEDGED AN SWORE THE ABOVE STATEMENTS TO BE TRUE. OTARY I BLIC O�it�`A 131��v ti�ID Notary Public COMMOWIMTH OF K MsadwsETTs My Commission Expires January t' 2022 Coyle, Brenda From: Cadrin, Arden Sent: Wednesday, September 13, 2017 10:27 AM To: Florence, Brian Cc: 'Carole M. Lane Lane'; Barrows, Debi; Coyle, Brenda; Jenkins, Elizabeth Subject: accessory apartment inspection Hi Brian, Carol Lane, owner of 1025 Service Road West Barnstable will be contacting you to schedule an appointment for an inspection as part of the accessory affordable apartment program. The applicant is seeking to convert a family apartment to an accessory apartment. There has been some confusion regarding this request at the counter at 200. So that it is clear when she calls,she does need an inspection by the Building Commissioner in order to potentially convert the family apartment to an accessory apartment. Regards, Arden Arden Russell Cadrin Housing Coordinator ear . Planning and Development Department Town of Barnstable 1367 Main Street(Hyannis,Ma 02601 ' arden.cadrinQtown.bamstable.ma.us ANIM ;f; p 508 862 4683 1 Website I Business Barnstable I HyArts Barnstable iForum r Y, . 1 Coyle, Brenda From: Cadrin, Arden Sent: Tuesday, September 12, 2017 1:05 PM To: Coyle, Brenda Subject: RE: 1025 Service Road W. Barnstable Hi Brenda, Her Site Approval application is not yet complete; she is still gathering a few pieces of documentation (waiting health dept sign off). Arden Arden Russell Cadrin Housing Coordinator Planning and Development Department Town of Barnstable 1367 Main Street JHyannis,Ma 02601 arden.cadri atown.banistable.ma.us p 508 862 4683 1 Website I Business Barnstable HyAris I Barnstable iForum -----Original Message----- From: Coyle, Brenda Sent: Tuesday, September 12, 2017 12:41 PM To: Cadrin, Arden Cc: Barrows, Debi Subject: 1025 Service Road W.. Barnstable Good Afternoon,Arden I just had a call from one of my customer who is currently registered with the Family Apartments and would like to go into the Amnesty Program. She said you sent her the paper work for the Amnesty. Do you know where you are in the process? Thank you, Brenda Coyle Permit Tech. Building Department Services 508-862-4039 1 Coyle, Brenda From: Cadrin, Arden ' Sent: Monday, August 14, 2017 12:39 PM To: Lauzon, Jeffrey Cc: Barrows, Debi; Coyle, Brenda; 'carolemae1 @yahoo.com' Subject: accessory apartment q `i Hi Jeff, J Carole Lane owner Of 1025 Service Road will be contacting you to schedule an inspection as part of the accessory affordable apartment permitting process. There is an existing apartment at this property which was most recently a family apartment but had been an accessory apartment prior to that. If you would please send me a copy of the inspection report once complete. Thanks, Arden Arden Russell Cadrin Housing Coordinator , ar�rfr;; Planning and Development Department iffiR `<3• Town of Barnstable 1367 Main Street(Hyannis,Ma 02601 arden.cadrinna town.bamstable.ma.us ,. p 508 862 4683 1 Website I Business Barnstable I HyArts I Barnstable iForum Cd Q;kSt!t±E? 1 OpIKE ro Town of Barnstable Regulatory Services Hnxivsrnai.e, MpSS, Thomas F. Geiler, Director tF16,39.1A 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 May 10, 2010 Carole Lane PO Box 512 1025 Service Road West Barnstable, MA 02668 Re: Family Apartment Dear Ms. Lane: Enclosed is the Certificate of Occupancy for your family apartment. Also enclosed is the Family Apartment Affidavit for you to complete and return. If you have any questions, please call me at 508 862 4039. Sincerely, Lois Barry Division Assistant r t Enclosure faco Town of Barnstable do Building Department - 200 Main Street SARNSTABLE, * Hyannis, MA 02601 MASS 9�A i639- , (508) 862-4038 lFp�•�s Certificateof Occupancy Application Number: 201000678 CO Number: 20100064 Parcel ID: 129003 CO Issue Date: 05/10/10 Location: 1025 SERVICE ROAD Zoning Classification: RESIDENCE F DISTRICT Proposed Use: SINGLE FAMILY HOME Village: WEST BARNSTABLE, i" } F Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: FAMILY APARTMENT ISSUED TO CAROLE LANE FOR RACHEL NEWMAN, DAUGHTER Building Department Signature Date Si ed �INE> TOWN Of- VARNSTABLE Building Application Ref: 201000678 BARNSTABLE, * Issue Date: 02/23/10 Permit 9 MASS s63 Applicant: LANE CAROLE MAE .l � Permit Number: B 20100293 A Proposed Use: SINGLE FAMILY HOME Expiration Date: 08/23/10 Location 1025 SERVICE ROAD . Zoning District RF Permit Type: FAMILY APT W/NO CONST Map Parcel 129003 Permit Fee$ 25.00 Contractor PROPERTY OWNER Village WEST BARNSTABLE 'App Fee$ License Num Est Construction Cost$ 0 Remarks �. APPROVED PLANS MUST BE RETAINED ON JOB AND FAMILY APARTMENT FOR RACHEL NEWMAN,DAUGHTER THIS CARD MUST BE KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: LANE,CAROLE MAE BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 1025 SERVICE RD INSPECTION HAS BEEN DE. W BARNSTABLE, MA 02668 Application Entered by: LB Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY..ANY STREET,ALLY OR SIDEWALK OR ANY PART THER F,EITHER TEMPORARILY. OR P TLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JqjRISDICTIQN. STREET OR ALLYGRADES 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, I WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORKS HALL 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). 0 c0 BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1• 1 1 2 2 2 a 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health , TOW— -OF SARNSTABLE B U[i �1 9 Application Ref: 201001041 F Permit BARNSTABLE, Issue Date: 03/11/10 y MASS o3�A�� Applicant: LANE,CAROLE MAE Permit Number: B 20100396 Proposed Use: SINGLE FAMILY HOME Expiration Date: 09/08/10 Location 1025 SERVICE ROAD Zoning District RF Permit Type: RESIDENTIAL ADDITION/ALTERATIO Map Parcel 129003 Permit Fee$ 25.00 Contractor PROPERTY OWNER. Village WEST BARNSTA13LE App Fee$ 50.00 License Num Est Construction Cost$ 2,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND INSTALL EGRESS WINDOW 20'X24'OPENING IN BEDROOM#3 THIS CARD MUST BE KEPT POSTED UNTIL FINAL a INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: LANE,CAROLE MAE BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: •1025 SERVICE RD INSPECTION HAS YEENDE. W BARNSTABLE, MA 02668 Application Entered by: Ss Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,-ALLY OR SIDEWALK OR ANY PART THE OF,EITHER:TEMPORARILY OR E 'NENTLY. ENCROACHEMENTS ON PUBLICTROPERTY;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. t 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). •. . POW All x a, BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 3 1 Heating Inspection Approvals Engineering Dept 3 Fire Dept 2 Board of Health y E os � .-v-s---LL �o xA G Fizovt All w�, MIS 0 L-�3 00 spool-s ccIwuc, LAUNCiINiN4 �47M LOILj1YI Deer 47 RASE MEND. PLAN 4� W . a LIV , r c MbA ID1NIN 57 � ► s ow i111.11ia!! +awn V t� /L _11. All IAUG 28 2002 11 : 56AM YANKEE LAND SURV "YING 1 -508-420-5553 p. l j- LQjZjfj= L=TION P.1,A' IV APPLICANT- CAROLE LANE TOWN IYEST BARNSTABLE SERVICE ROAD �e2-35'00,.E 2p0.00 �6 L 1 200.00 �� a S82.35'00"W ptua yy �� tl0�c^ M No FLOOD PAWM- 250001 0015C FLOOD ZONE C_— DATED 8119185 I hereby certify that this mortgage inspection plan was prepared for. Plan Is For COUNTRY 1DE HOME' LOANS Bank Use Only The location of the building shown does NOT - fall within a special flood hazard zone. PLAN REF = 1971107 The Jocation of the dwelling does conform to the local zoning by-laws in effect Seale .1 = 50 — Jr�' at the time of construction with respect to horizontal dimensional setback requirements y/ ----- or i.s exempt from violation enforcement action under Mass General lawn Ch. 404 -Sea 7. Date.- PLEASE Arom rho structures on this inspecdon were located by Jape not iaatrumeot and am approximate only. An actual surey is necessary for a precise determination of the building location and encroachment% it eor eidst, either way across properly lines MF inapactran must not be used for recording purpav= or for use m preparing deed descriptions and must not be used for variance or bulfdigg plan purposes This inspection must not be used to locate property lines verificauea at braiding laeaLi property line dimensions, fences or lot conBgurailon can oa/y be accomplisbed by en accurate instrumen! survey which may reflect different 1. P%etiaa then Whet i, shown hereon Tbis inspection is not to be used for any purposes other than mortgage. Yankee $urwr accepts no responsibility far damages nesulung from said reliance, rTTTT �.r rr-% rrrrr -qin a rr^r-rrr rnA A rfr,,C � T r .� i iw � • � � i r i ,nti Gv�� �.rJv-.4..{.�'i iF-O BO.Y' .26, , 40 11VD&STRY rill, _WARJTOA(S +i1LL5: MA 0,? 4!5 PHONE, ,uo"42 -0UJl v�iil✓Ci i_" TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 0 4t- Map- . , Parcel on Health 'Division Date Issued _a> Conservation Division -Application Fee Planning;Dept, Plann Permit Fee Date Definitive:Plan Approved by Planning Board Historic OKH Preservation Hyannis Project Street Address to • _gevzy i,ce Village Weg lrw-a M A-ss Owner Ale Address la a S Seassi i'6p Val Telephone 50 7-7 6 70?6 Permit Request -lei 1 yy,0'44 eS.0 LJIAJ&1,5,1 002(aq J� IN 46440_00� Square feet: 1 st floor: existing 1,7)Iroposed 2nd floor: existin.g—proposed Total new T Zoning District,&*1v6%AFFIood Plain Groundwater Overlay 1A 3" PR'ect Valuation Qfmn,t6D Construction Type Lot Size 64,g Grandfathered: LJ Yes Ll No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family LJ MultkFamily(# units) Age of Existing Structure Historic House: Ll Yes U No On Old King's Highway: LL-�bs 0 No C) Basement Type: VFull Ll Crawl LJ Walkout Ll Other C) Basement Finished Area (sq.ft.)L Basement Unfinished Area W Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing new co Total Room Count (not including baths): existing new First Floor Roop, Count— Heat Type and Fuel: U Gas )rOil LJ Electric L1 Other Central Air: Ll Yes 30 No Fireplaces: Existing_New Existing wood/coal stove: LJ Yes 0 No Detached garage: LJ existing Li new size—Pool: LJ existing Ll new size Barn: LJ existing LJ new size Attached garage: LJ existing LJ new size —Shed: LJ existing LJ new size Other: Zoning Board of Appeals Authorization C] Appeal # Recorded D Commercial L3 Yes )(No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name M". LAAJ&- Telephone Number 30'E-4-7-76--700 Address loan sepvice (2oA License # P0 Home Improvement Contractor# 00-1"fr Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 64ak5ftble Do* SIGNATURE DATE 3jo :k1 is a FOR OFFICIAL USE ONLY APPLICATION# 5. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER rs DATE OF INSPECTION: FOUNDATION FRAME INSULATION ai FIREPLACE ELECTRICAL: ROUGH FINAL . PLUMBING: ROUGH FINAL GAS: ROUGH _ FINAL FINAL BUILDING jj DATE CLOSED OUT ASSOCIATION PLAN NO. i t The Commonwealth of Massach usetts 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 Le ibl 'Nam B ess/Organization/Individuai): City/S,tato/Zr� mob`.. 14, 1 GPhone : 56<�'-7'76 120R3 Are you an employer? Check the appropriate box:. Type of project(required): 1.❑ I am a employer with . 4. ❑ I am a general contractor and I employees(full and/or part-tim.e).* have hired the sub-contractors 6. ❑New construction .2.❑ 1 am a sole proprietor or partner listed on the attached sheet. T. ❑Remodeling ship and have no employees These sub-contractors have g, ❑ Demolition working for me in any capacity. employees and have workers' 9. ❑Building addition [No workers' comp. insurance comp. insurance.f 5. We are a corporation and its 10.❑Electrical repairs or additions '31 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. lContractors 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 subcontractors 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: 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 31,500.00 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 certi under the pains and penalties of perjury that the information provided above'is true and correct. Phone 4: F only. Do not write in this area, to be completed by city or town official n: Permit/License# hority(circle one): Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector son: Phone#: Y 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, §25C(7) states"Neither the commonwealth nor any of its political subdivisions shall . enter into any contract for,the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-contractors)name(s),address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance.coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed 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 ill—_(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 bum 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: ThiA Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 60G Washington Street Boston, MA 02.111 Tel. #617--727-4900 ext 406 or 1-877-MASSAFE Fax# 617-727-7749 Revised 11-22-06 www.mass.gov/dia ENERGY CONSERVATION APPLICATION FORM FOR ENERGY EFFICICIENCY FOR ONE- AND TWO-FAMILY DETACHED RESIDENTIAL CONSTRUCTION (780 CMR 61.00) Applicant Name: _,mrie m4G L4ffin. Site Address: print Town: Applicant Phone: ��a'�G, ®� Applicant Signature: a"& r,) � Date of Application: 3)Ze 2,0-1 NEW CONSTRUCTION: choose ONE of the following two options) 780 CMR TABLE 6107.1 PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA FOR NEW ONE- AND TWO-FAMILY BUILDINGS MAXIMUM MINIMUM Ceiling or Slab Option 1: Basement P Fenestration exposed Wall Floor Perimeter U-factor floors R-Value R-Value Wall R.-Value AFUE HSPF SEER R-Value R-Value and Depth National Appliance Energy 3 5 R-3 8 R-19 R-19 R-10 R-10, Conservation Act(NAECA)of 4 ft. 1987 as amended,minimums or reater as applicable Note: This form is not required if you choose either of the two versions of REScheck as listed below. ❑ Option 2: REScheck Version 4.1.2 or later variant software analysis must be completed (780 CMR 6107.3.2) REScheck--Web which can be accessed at http://www.energ- cy odes.gov/rescheck/ ADDITIONS:OR ALTERATIONS TO EXISTING BUILDINGS'OVER 5 YEARS OLD* *Buildings under 5 years old must use option#1 or#2 in New Construction section above. Complete the following formula to determine the % of glazing: (a) Gross Wall & Ceiling Area equals Formula: (100 x b - a) SF 100 x — _ % of glazing (b) Glazing area equals SF b . a If glazing is.<40% use.the chart below. If glazing is> 40 %' proceed to "SUNROOM" section 780 CMR TABLE 6101.3 PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA ADDITIONS TO EXISTING LOW-RISE RESIDENTIAL BUILDINGS MAXIMUM MINIMUM Ceiling and Slab Perimeter ❑ Fenestration Wall Floor Basement Wall U-factor Exposed floors R-Value R-value R.-Value n Value R-Value and Depth .39 R-37 a R-13 R-19 R-10 R-10, 4 feet a R-30 ceiling insulation may be used in place of R-37 if the insulation achieves the full R-value over the entire ceiling area(i. not compressed over exterior walls, and including any access openings). SUNROOM—An addition or alteration to an existing building/dwelling,unit where the total ❑ glazing area of said addition exceeds 40% of the combined gross wall and ceiling area of the addition. Note: Owner to fill out Consumer Information Form (found in Appendix 120.P) ��oEZHe ray Town of Barnstable Regulatory Services awtuaSrwac.e. = Thomas F. Geiler,Director 19. ,�� Building Division Tom Perry,Building Commissioner 200 Main-Street, Hyannis,MA_02601 www.town.b arnstable.ma.us Office: 509-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: I Cos-- number street Allagr "HOMEOWNER": �e SOL 7 76--7a�Q S®e'_ /4i3 0 jaZ name home phone# work phone# CURRENT MAILING ADDRESS: 00®3 ax SI o,. city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less,and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Persons)who owns a parcel of land on which he/she resides or intends to reside,on which there is, or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner'certifies that.he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements Signature of Homeown 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 awarcness often results in serious problems,particularly when the homeowner hires unlicensed persons. in this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a,form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forrns:homcexempt �► ,�ti Town of Barnstable ` Regulatory Services . saxtvsTABL . y MASS. Thomas F. Geiler,Director 16 g6 Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: S08-790-6230 Q� O . 311 rtywner Must Prop e O Complete and Sign This Section If Using A Builder I, /0,wner he subject property hereby autho ' to act on my behalf, in all matters relativ to work autho � y this building permit application for: ® f dress of Job) 3:11- 201 y Signature o er P— NIP— Date 1,A P t Name If Property Owner is applying for permit please co lete the Homeowners License Exemption Form on the reverse side. Q:FORMS:O VeNERPERMISSION 3-� I -aoio OSO4'. r�',�` ,�.d .'mot N� � - 4 ���s►+�►�s � !',�.�� � IDS ,. rj Ail UTILITY S • S mokc Dew � AP7 RASEMENI. PLAN 1 o524 sq. if, -hche� g f� LIV J r\)&. bI.) //1Cr ip a IDtn4INC� ADe **\ 000. ev iMARNs�i AMA P f:i III�T• KIC, t,)Pn'r'' " ti _1/• A01 q,UG 28 2002 11 : 56RM YANKEE LAND SURVEYING 1 -508-420-5553 p. l jM 4T*T LA LE =PF C TION L[.AN APPLICANT- CAROLE' LANE' TOWN WEST BARNSTABLE SER VICE ROAD N82 3500 LE .200•00' 200.00 tiM CW z•35'00"W PAulo S8 u c w ^�y �• smt� FLOOD PAMM- 250001 0015C FLOOD ZONE C __ DATED 8119185 I hereby certify that this mortgage inspection plan was prepared for. Plan is For COUNTRYWIDE HOME LOANS Bank Use Only The location of the building shown does NOT - fall within a special flood hazard zone. PLAN REF. — 197�107 The location of the dwelling does _^ conform to the local zoning bye-lees in effect C, 1" 5D — at the time of construction with respect to horizontal dimensional setback requirements 0 or is exempt from violation enforcement action under Mass General Lags Ch. 40A -Sea 7. Da te.• PLEASE ATOM. The structures on this inspection were JoceW by Pape not rnatrument and am approximate only. An actual surrey is necessary for a precise determination of the building Jocation and enci achments. if any eairi, either way across property L'aex This inepeodon must not be used for recording purpares or for use in preparing deed descriptions and mare not be used far verlance or building plan purposes 7ht7 ittspec�ion must not be used to locate property Imes *jioation of building Gxatiom, property Dine dimensions, fences or Jot configuration cam oafy be eccompUshed by an accurnle instnvment sunny which may rrAect different Ja�ormetlan than whel is shoaa hereon 93is inspection is not to be used for any purposes other then mortgage. Yankee surrey socapts no responsibitfly for damages resulting Aram said reliance. rT TT—I T i^i T r T1 T TT 7 T rV /\ 1 T/^/T T T /Tn A T jT/^( i iw� • T� w- ,ram : i � i • �r .,ten G�i�v'+�v—���� i O BOX .265, 40 INDUSTRY RD _ ARST OAS AI1ILJ: AIA 0,?648 PH01VE t u0-jcO—iiL'J:i _ j TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION C � STABLE (�.c / Parcel LrZ TO 3 OF .. Map � � : Application #.,g O/O O o 6 78 Health Division 7%'1�2'� �' 1 �' 3 ., = Date Issued Conservation Division Application Fee Planning Dept. - -- Permit Fee S� Date Definitive Plan Approved by Planning Board 4!5" LV Historic .- OKH Preservation/Hyannis Project Street Address 1 G' D S JZD1 Village Qes+ ,nos ".g- a le- Owner re 1-7/}e: L 4 ya. Address ie x s Scre vi 2e P,-a , G,1 Telephone _226- 70 S-1 Permit Request s L� -y.r A& 1 -&.�r � b/ r Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District yes, Flood Plain Groundwater Overlay ple-1 �1 Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family (# units) Age of Existing Structure L/o2 Historic House: ❑Yes A\10 On Old King's Highway: ❑Yes _kNo Basement Type: 4Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing e:Q new Half: existing new Number of Bedrooms: _ existing _new Total Room Count (not including baths): existing new First Floor Room Count i Heat Type and Fuel: ❑ Gas J�Oil ❑ Electric ❑Other Central Air: ❑Yes No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: .�Vo.v e- 006 Zoning Board of Appeals Authorization tZ Appeal - Recorded �X Commercial ❑Yes )Q No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name �`i92�► � ���_ nr� Telephone Number Address !0a S 1J. 43—Aw,Ns• 1,�^ License # Home Improvement Contractor# 0 eC/V, TTIX C 7 0 lt,` Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE �- �r/'.` :.- r7cwn-e_ DATE a l�"a010 FOR OFFICIAL USE ONLY - APPLICATION# i DATE ISSUED MAP/PARCEL NO. X ti ADDRESS VILLAGE- OWNER DATE OF INSPECTION: FOUNDATION II FRAME w INSULATION ,y rg FIREPLACE ELECTRICAL: ROUGH FINAL "- PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. 'Y 1 �. B k 7437 3 P:9 2e�16 8405 IME . : BABNSTABL6, - KA88. 1639. Lip 8 Town of Barnstable Zoning Board of Appeals Decision and Notice Special Permit No. 2009-061 — Lane Special Permit- Section 240-47.1(A)(1) Family Apartments Authorized a family apartment of 850 sq.ft. Summary: Granted with Conditions Applicant: Carole Mae Lane Property Address: 1025 Service Road, West Barnstable, MA Assessor's Map/Parcel: Map 129 Parcel 003 Zoning: Residence F Zoning District Deed Reference: Book 15571, page 94. Relief Requested and Background: The subje,cfpropQrty-is,a 0.81-acre lot fronting on the Service Road in West Barnstable. The property is improved with a one-story, 3-bedroom, raised ranch single-family dwelling with a living area of approximately 1,71.2 sq. ft. The property is in a Wellhead Protection Overlay District and is serviced by anon-site well and on-site septic system. The applicant once had a Family Apartment Special Permit No. 2003-050 for a one bedroom apartment located in the dwelling's lower level. That permit was issued under the previous zoning provisions,for a family apartment that required a special permit for all family apartment units. In.2007, Ms-Lane made application under the Accessory Affordable Housing Program to convert the unit from that of a family apartment to that of an affordable housing unit-in accordance with Chapter 9, Article II of the Code of the Town.and MGL Chapter 40B Comprehensive Permits. That Comprehensive permit was issued on July 26, 2007 for the one bedroom, 850 sq.ft. apartment unit. Today, the applicant is seeking to reconvert the unit back to that of a family apartment for her daughter , and grandchildren. Although family apartments are now provided for as of right, this unit exceeds the 80.0 sq.ft. limitation imposed.on family apartments. Section 240-47.1 Family Apartments provision A(1) provides a special permit for an apartment unit that exceeds the 800 square feet limitation and Ms Lane has submitted an application for the permit. Procedural & Hearing Summary: «4 This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on September 22, 2009. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on October 21, 2009, and continued to December 9, 2009 at which time the Board found to grant the Special Town of Barnstable,Zoning Board of Appeals— Decision and Notice Family Apartment Special Permit No. 2009-061 —Lane- Section 240-47.1A(1)Family Apartments Permit subject to conditions. Board Members deciding this appeal were, James F. McGillen, William H. Newton, Michael P. Hersey, Craig G. Larson, and Board Chair, Laura F. Shufelt. Ms. Lane represented herself before.the Board. At the opening of the hearing, she presented her initial proposal as expressed in the application submitted. That proposal was to add another.bedroom to the family apartment unit. That added bedroom would exceed the number of bedrooms allowed by the Board of Health regulations and exceed the design capacity of the on-site septic system. The Board instructed the applicant to work with the Building Commissioner and staff to review alternatives that could be granted by the Board without violation of the Local Board of Health Regulations and Title 5. The hearing was continued. At the December 91h continuance, a Follow-up Staff Report was reviewed by the Board which presented an option for the applicant to accomplish her temporary needs. That would be for Ms Lane to occupy the one-bedroom apartment unit as it presently exists and without expansion. Her daughter and grandchildren would occupy the main two-bedroom living unit. This situation would be temporary to accommodate the applicant's daughter's needs at this time. Public comment.was requested and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of December 9, 2009, the Board unanimously made the following findings of fact: 1. Appeal No. 2009-061 is that of Carole Mae Lane seeking a special permit for a family apartment at property she owns and occupies addressed 1025 Service Road, West Barnstable, MA. It is shown on Assessor's Map 129 as parcel 003. It is in a Residence F Zoning District. 2. Section 240.47.1'.A(1) of the Zoning Ordinance's Family Apartment provision authorizes the Board to grant a special permit for a family apartment in excess of 800 sq.ft. in area. The Applicant has petitioned the Board for that permit. r 3. The relief requested is provided for in the ordinance.and to grant the relief would not be in derogation of the intent of the ordinance nor will it represent a detriment to the neighborhood affected as the proposal conforms to Title 5 and occupancy is that of family members. Decision: Based on the findings of fact, a motion was duly made and seconded to grant Special Permit No. 2009 - 061 to allow fora family apartment in excess of 800 sq.ft., subject to the following conditions: 1. The area of the family apartment is limited to.that of the existing apartment unit located in the basement level of the dwelling which is a one-bedroom unit of 850 sq.ft. 2. The apartment shall comply with, and be maintained, in full compliance with all other requirements of Section 240-47.1 for a family apartment as-of-right and all conditions herein. 3. The one-bedroom unit is to be occupied by the Applicant, Carole Mae Lane, and the two-bedroom unit is to be occupied by Ms Lane's daughter and her family. 4. The total number of bedrooms permitted on the property shall not exceed 3. 5. Any, and all requirements of the Building Division, shall be fully complied with to assure that the unit and building meets all applicable codes including building, fire, and health. 2 Town of Barnstable,Zoning Board of Appeals—Decision and Notice Family Apartment Special Permit No.2009-061 —Lane- Section 240-47.1A(1)Family Apartments 6. All parking shall be on-site and not within 10 feet of neighboring properties. 7. Occupancy of the dwelling and the family apartment unit is restricted to family members only and there shall be no renting of the unit or rooms to non-family.members. 8. This special permit is issued to the Applicant only for a period not to exceed.2 years from date of issue. That date of issue is the date the decision is filed with the Town Clerk. The vote was as follows: AYE: James F. McGillen, William H. Newton, Michael P. Hersey, Craig G. Larson, Laura F. Shufelt NAY: None Ordered: Family Apartment Special Permit No. 2009-061 has been granted subject to conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within two years. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. Laura F. Shufelt, CAr Date Signed I, Linda Hutchen°rid.eF,.,Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this 0 - day � p � nder the pains and penalties of er1u r�• , nda Hutchenrider, Town Clerk 3 i .. n Zoning Board of Appeals (ZBA) Abutter List for Map & Parcel(s): '129003' Parties of interest are those directly opposite subject lot on any public or private street or way and abutters to abutters. Notification of all properties within 300 feet ring of the subject lot. Total Count: 8I Close Map&Parcel Owners Owner2 Addressi Address 2 Mailing Country Deed CityStateZip 129002 RANTA, HELEN C TR HELEN C RANTA 2006 PO BOX 322 W BARNSTABLE, 21358/288 TRUST MA 02668 - 129003 LANE, CAROLE MAE 1025 SERVICE RD W BARNSTABLE,MA 02668 15571/094 129004001 RANTA, HELEN C TR HELEN C RANTA 2006 PO BOX 322 W BARNSTABLE, 21358/286 TRUST MA 02668 129004002 RANTA, HELEN C TR iHELEN C RANTA 2006 PO BOX 322 W BARNSTABLE, 21358/286 TRUST MA 02668 BARNSTABLE, CONSERVATION HYANNIS, MA 129005 TOWN OF(CON) COMMISSION 200 MAIN STREET 02601 USA C81493 129007 BARNSTABLE, CONSERVATION 200 MAIN STREET HYANNIS, MA USA C112839 TOWN OF(CON) COMMISSION 02601 BARNSTABLE, HYANNIS, MA 129011 TOWN OF(MUN) 367 MAIN STREET 02601 16543/52 153034 RANTA, HELEN C HELEN C RANTA 2006 PO BOX 322 W BARNSTABLE, 21358/286 TRUST MA 02668 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters.If a certified list of abutters is required,contact the Assessing Division to have this list certified.The owner and address data on this list is from the Town of Barnstable Assessor's database as of 9/22/2009. 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ZI'y � ,l/V v S t t Bk 24366 Ps8$ -lor-7655 02-12--2010 d 11 a 36a BARKSfAB1E.� IAd Town of BarnstabliO '`.` Zoning Board of Appeals Decision and Notice Lane _ Comprehensive Permit No. 2007-036 �'ER, Summary Comprehensive Permit No.2007-036 is rescinded FEB 5: l u,t j Applicant: Carole Mae Lane Property Address: 1025 Service Road,West Barnstable MA 1 GROW T,-I MAIN Assessor's Map/Parcel: Map 129, Parcel 003 -- Zoning: Residential F Zoning District Recording Information Deed Reference: Book 15571 Page 94 Permit Reference: Book 22329 Page 111 Background: Comprehensive Permit No. 2007-036 was issued to Carole Mae Lane on August 16, 2007. The Permit was issued under the Accessory Affordable Apartment Program pursuant to Chapter 9, Article II of the General Ordinances of the Code of the Town of Barnstable. The Permit was issued to convert an existing unpermitted one bedroom apartment located in the lower level of the dwelling into an accessory affordable apartment. The Permit, along with the Regulatory Agreement and Declaration of Restrictive Covenants were recorded at the Barnstable County Registry of Deeds in Book 22329 Page 111. In September of 2009, Ms Lane requested to convert her accessory affordable apartment into a family apartment. Ms. Lane has started the process for a family apartment with the Building Department. The Program Coordinator initiated the rescission of the comprehensive permit as family apartments units do not qualify.under the Accessory Affordable Apartment Program. Procedural & Hearing Summary: A public hearing to rescind Comprehensive Permit No. 2007-036 was duly advertised and notice sent to abutters and the property owner all in accordance with MGL Chapter 40A. .The notice was published in the Barnstable Patriot on November 13,.2009 and November 20, 2009. The Public Hearing to rescind the permit was opened on December 9, 2009. Ms. Lane did not appear to speak. There were no comments from the public. Findings of Fact: At the hearing on December 9, 2009 the Zoning Board of Appeals Hearing Officer made the following findings of fact: 1. In September of 2009, Ms. Lane requested to convert her accessory apartment to a family apartment. As family apartments are not permitted in the Accessory Affordable Housing Program, the Program Coordinator took action to assist Ms. Lane with her request to rescind Comprehensive Permit No. 2007-036. I� t Bk 24366 Pg 89 #7655 Town of Barnstable,Zoning Board of Appeals Comprehensive Permit No.2007-036-Carole Mae Lane is rescinded Decision: At the hearing on December 9, 2009 the Hearing Officer ruled to rescind Comprehensive Permit No. 2007-036. Transmission: In accordance with Part 11,Section 4.02 and Part 111, Section 3.72 of the Town of Barnstable Administrative Code, the Hearing Officer transmitted the written decision to the Zoning Board of Appeals on December 18, 2009. As fourteen days have elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the-decision, this decision becomes final. Ordered: Comprehensive Permit 2007-036 is rescinded. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within-twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. c/ / c b< - CYtc.c-,LUZ/ Laura F. Shufelt, He ring Officer Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision had been filed in office of the Town Clerk Signed sealed this da of p '+w•��gnp g. Y �� D /C� under the ains ` d Iti�is'' of er u < 0 • r M Linda Hutchenrider, Town Clerk - w •• 1(', , i BARNSTABLE REGISTRY Of DEEDS 2 �i I SHE rpk SARNSIAHLE. MASS. 1639. �ro� - ._C l 1 1 i Town of Barnstable Zoning Board of Appeals Decision and Notice Special Permit No. 2009-061 — Lane Special Permit- Section 240-47.1(A)(1) Family Apartments Authorized a family apartment of 850 sq.ft. Summary: Granted with Conditions Applicant: Carole.Mae Lane Property Address: 1025 Service Road,West Barnstable, MA Assessor's Map/Parcel: Map 129 Parcel 003 Zoning: Residence F Zoning District Deed Reference: Book-15571, page 94 Relief Requested and Background: The subje.c(property-i.s a 0.81-acre lot fronting on the Service Road in West Barnstable. The property is improved with a one-story, 3-bedroom, raised ranch single-family dwelling with a living area of approximately 1,71.2 sq. ft. The property is in a Wellhead Protection Overlay District and is serviced by anon-site well and on-site septic system. The applicant once had a Family Apartment Special.Permit No. 2003-050 for a one bedroom apartment located in the dwelling's lower leyel. That permit was issued under the previous zoning provisions:for-a family apartment that required a special permit for all family apartment units. In 2007, Ms.xLane made application under the Accessory Affordable Housing Program to convert the unit from that of a family apartment to that of an affordable housing unit in accordance with Chapter 9, Article II of the.Code of the Town and MGL Chapter 40B Comprehensive Permits.. That Comprehensive permit was issued on July 26, 2007 for the one bedroom,850 sq.ft. apartment unit. Today, the applicant is.seeking to reconvert the unit back to that of a family apartment for her daughter and grandchildren. Although family apartments are now provided for as of right, this unit exceeds the 80.0 sq.ft. limitation imposed.on family apartments. Section 240-47.1 Family Apartments,provision A(1) provides a special permit for an apartment unit that exceeds the 800 square feet limitation and"Ms Lane has submitted an application for the permit. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on September 22, 2009. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on October 21, 2009, and continued to December 9, 2009 at which time the Board found to grant the Special Town of Barnstable,Zoning Board of Appeals—Decision and Notice Family Apartment Special Permit No. 2009-061 —Lane- Section 240-47.tA(1)Family Apartments Permit subject to conditions. Board Members deciding this appeal were,James F. McGillen, William H. Newton, Michael P. Hersey, Craig G. Larson, and Board Chair, Laura F. Shufelt. Ms. Lane represented herself before.the Board. At the opening of the hearing, she presented her initial proposal as expressed in the application submitted. That proposal was to add another bedroom to the family apartment unit. That added bedroom would exceed the number of bedrooms allowed by the Board of Health regulations and exceed the design capacity of the on-site septic system. The Board instructed the applicant to work with the Building Commissioner and staff to review alternatives that,could be granted by the Board without violation of the Local Board of Health Regulations and Title 5. The hearing was continued. At the December 91h continuance, a Follow-up Staff Report was reviewed by the Board which presented an option for the applicant to accomplish her temporary needs. That would be for Ms.Lane to occupy the one-bedroom apartment unit as it presently exists and without expansion. Her daughter and grandchildren would occupy the main two-bedroom living unit. This situation would be temporary to accommodate the applicant's daughter's needs at this time. Public comment was requested and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of December 9, 2009, the Board unanimously made the following findings of fact: 1. Appeal No. 2009-061 is that of Carole Mae Lane seeking a special permit for a family apartment at property she owns and occupies addressed 1025 Service Road, West Barnstable, MA. It is shown on Assessor's Map 129 as parcel 003. It is in a Residence F Zoning District. 2. Section 240.47.1.A(1) of the Zoning Ordinance's Family Apartment provision authorizes the Board to grant a special permit for a family apartment in excess of 800 sq.ft. in area. The Applicant has petitioned the Board for that permit. 3. The relief requested is provided for in the ordinance.and to grant the relief would not be in derogation of the intent of the ordinance nor will it represent a detriment to the neighborhood affected as the proposal conforms to Title 5 and occupancy is that of family members. Decision: Based on the findings of fact, a motion was duly made and seconded to grant Special Permit No. 2009 - 061 to allow for a family apartment in excess of 800 sq.ft., subject to the following conditions: 1. The area of the family apartment is limited to that of the existing apartment unit located in the basement level of the dwelling which is a one-bedroom unit of 850 sq.ft. . 2. The apartment shall comply with, and be maintained, in full compliance with all other requirements of Section 240-47.1 for a family apartment as-of-right and all conditions herein. 3. The one-bedroom unit is to be occupied by the Applicant, Carole Mae Lane, and the two-bedroom unit is to be occupied by Ms Lane's daughter and her family. 4. The total number of bedrooms permitted on the property shall not exceed 3. 5. Any, and all requirements of the Building Division, shall be fully complied with to assure that the unit and building meets all applicable codes including building, fire, and health. i Town of Barnstable,Zoning Board of Appeals—Decision and Notice Family Apartment Special Permit No.2009-061 —Lane Section 240-47:1A(1)Family Apartments 6. Ail parking shall be on-site and not within 10 feet of neighboring properties. 7. Occupancy of the dwelling and the family apartment unit is restricted to family members only and there shall be no renting of the unit or rooms to non-family members. 8. This special permit ^s issued to the Applicant only for a period not to exceed 2 years from date of issue. That date of issue is the date the decision is filed with the Town Clerk. The vote was as follows: AYE: James F. McGilleo, William.H. Newton, Michael P. Hersey, Craig G. Larson, Laura F. Shufelt NAY: None Ordered: Family Apartment Special Permit No. 2009-061 has been granted subject to conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within two years. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. Laura F. Shufelt, Ch%r Date Signed I, Linda Hutchenride6,;,Qlerk of the Town of Barnstable, Barnstable County; Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has-been filed in the office of the Town Clerk. Signed and sealed this u� day vt Linder the pains and enalties of er'ur` D / p p 1 Y nda Hutchenrider, Town Clerk 3 Barry, Lois To: Dabkowski, Cindy Subject: RE: Carole just called, will be in for family apt application, I transferred her to Bob McKechnie for discussion of new egress windows. It sounds as though she may want to return to Amnesty after her daughter moves out. -----Original Message----- From: Dabkowski,Cindy Sent: Wednesday,September 02, 2009 10:58 AM To: Barry, Lois Subject: RE: Hello Lois This is the first I am hearing about 1025 Road change to family apartment, I just spoke with Carole, I asked her to call you. I do not have any outstanding information on 693 Santuit-Newtown Rd Thank you Cindy -----Original Message----- ' From: Barry, Lois Sent: Wednesday,September 02, 2009 10:45 AM To: Dabkowski Cindy Subject: Cindy, I had a staff note that 1025 Service Road is planning to change to a family apartment, but I don't have anything from Carole Lane yet. Have you heard anything? Do you know if anything is going o with 693 Santuit-Newtown Road? The folder was on my desk without any note. I'll just refile it unless you have heard anything. Lois 1 r ZONING VEWFIC TION TO: Linda Edson FROM: Kim M. Gomez - Leased Housing Coordinator RE: Legal Rental.Unit<Verificatiolk Date: Address: Village: Unit Type: ,SI�7G1�7� Bed oom Size: Map & Parcel No.: P O into a contract with us for the p The owner of the above listed roe is entering rental of the property as listed above. Please verify by signing below that the unit is le al and meets all zoning requirements for a rental in the tojvn of Barnstable. If it does not, please list reason here: Z Thank y r your as in this matter. I ure Prin name `( Date VIA FAX: 790-6230 MRVP Section 8 I Rev. 8/06 I -d 21CGBLLBOST uogind 2uisnoH aigegsujeg dL- = TO LO iE. -4' I P, 1 Communication Result Report ( Nov. 2, 2007 10: 38AM ) 1) 2) Date/Time : Nov, 2. 2007 10: 37AM F i 1 e Page No, Mode Destination Pg (s) Result Not Sent ---------------------------------------------------------------------------------------------------- 2475 Memory TX 95087789312 P. 1 OK ---------------------------------------------------------------------------------------------------- Reason for error ' E. 1) Hang up or ;line fail E. 2) Busy E. 3) No answer E. 4) No facsimile connection E. 5) Exceeded max. E—mail size ZONING VERMC TION TO: Linda Edson FRo m: Kim NL Gomez-Leased Hon ing Coordinator i RE: Legal Rental Vnit.Verificatio Date: Address: L0,2 6 Village: � Unit Type:./61 � �e oom Size: �7J1i D Ajap&Parcel No.; The owner of the above listed property is anteriLginto a contract with us for the rental of the property as listed above. Please verify by signing below that the unit u 1 1 and coeds all zoning requirements far a rental is the town of Barns 6le.If it does not,please list reason here / Ge >g 1fPd�pOr� O� Sko•� Thank y your as n this matter'• f re Prin name Date j VIA FAX: 790-6230 emve seaons !l t Rev.8106 Town of Barnstable do Regulatory Services * snaxsrnat.e, 9 MASS. g Thomas F. Geiler, Director �ATF1639. A,e Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 September 26, 2007 Carole Lane 1025 Service Road W. Barnstable, MA 02668 Dear Ms. Lane: Enclosed is the Certificate of Occupancy for your Amnesty apartment. We have forwarded the Amnesty Certificate of Compliance to Madeline Taylor, Amnesty Program Coordinator. Sincerely, Lois Barry Division Assistant Enclosure jamnco 'M1'" "a X»+.. -':.."'iR. .^.. n'r'• }. ....:43"^^2 iu:APcA',Y "*�^`;Y':*" '*'fi'* o y ,-v,., . ...:,:.r�. a'•w°u: �4. ,r. 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' - This certificate indicates acceptable minimum habitable re uirements' efMassachusetts State BuildiI.�:�'�,'.-'I,-.-'- n Code , ". ' ,"0'�—l.-1-.:.1- 9. P J.I.:'1' .:.,.—',I��4��,�.,:-,1.,-:.:"..,'1�5.1 II��-�",--i�1�I I�,I,*,�:�--'-,W:,1.I. ,......"i",.-,,,''�—�: :,::�-I-.1.-:-'----,-", ,."I- -'--1-:',,-W.-,�,.�-1--".-.-.I-,���,.,.-,-I- "'-"�"-"�-:,'1---'.,�":�I-,"�:.....-1-,"'I-r r-�,I..:-I1�1-.:::-: �.I'"-.-'�;,�.�';,.-'-.�1''"...I���I.:'".-.�,,."-...,,.'.�,1.:, �"I-.I�'--,,'.,.�-' I��; ��,.'i�1I... ... ,- �.I g . -���".-��. and Towribf Barnstable zoning ordinances m accordance with the Amnesty program �.�.".-.-I -1 I.I,-1-�.�.'',�I��'':r l�-�.,�,��:.-"-'"�-',,.. �. OwnI-Ier: Carole Lane L ocation -: 1025 Service Road; West Barastable, M . . A Unit Capacity. O e` edroo .not to_exceed two eo le . Inspector Lf ' a - t. 1. 1. M/P.No 129003 9%25�2.007 . Town of Barnstable Building Department - 200 Main Street t BARNSTABLE, * Hyannis, MA 02601 9 MASS 1639. (508) 862-4038 rFD PM'�A Certificate of Occupancy Application Number: 200706013 CO Number: 20070230 Parcel ID: 129003 CO Issue Date: 09125107 Location: 1025 SERVICE ROAD Zoning Classification: RESIDENCE F DISTRICT Village: WEST BARNSTABLE Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: AMNESTY APARTMENT ISSUED TO CAROLE LANE Building Department Signature Date Signed r l ` TOWN OF BARNSTABLEBuildingt�E Application Ref: 200706013 * BARNSTABLE, Issue Date: 09/25/07 Permit 9 MASS. Qb 1639• ��� Applicant: Permit Number: B 20072334 ArFO MAC a Proposed Use: SINGLE FAMILY HOME Expiration Date: 03/24/08 Location 1025 SERVICE ROAD Zoning District RF Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel 129003 Permit Fee$ 25.00 Contractor PROPERTY OWNER Village WEST BARNSTABLE App Fee$ License Num Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND EXISTING 1 BEDROOM BASEMENT APT,NO CONSTRUCTION THIS CARD MUST BE KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: JENNINGS,CAROLE MAE BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 1025 SERVICE RD INSPECTION HAS BEEN E. W BARNSTABLE, MA 02668 Application Entered by: LB Building Permit Issued By: Q., THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY` ENTLY: ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THEBUILDING CODE,MUST BE APPROVED BY IrHE 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 CONTTTRUCTION 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). S.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 YCONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). ,l (C BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS -211010,7 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health July 1 0, 200 7 July 2007 August 2007 $ M T W "T F S S M T'W T F S 1 ,2 3 4 5 6 "7 1 2- 3 4 Tuesday 8 91011121314 5 6 7 8 91011 15,16;17.18 19 2021 1213'14 15 16 17 18 22 23 24 25 26 27'28 19 20,2122 23 24 25 29 30 31 26 27 28 29 30 31 Notes 7 am 8 00 Office hours L 9 00 Updated: STAFF MEETING 1000 L Multi-family(35 Helmsman Ln) 1100 12 pm L LUNCH Site Visit(1025 Service) 1 00 2 00 PAT BUTLER KIA ISSUE 508-790-5407 300 400 5 00 600 Perry,Tom 1 9/25/2007 9:04 AM TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION MaN Parcel V v Application# 20e?7U`I/� Health Division Conservation Division Permit# p Tax Collector Date Issued 9��s-io 7 Treasurer A{plieaatt'en Fee _ Planning Dept. Permit Fee a�S Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis i f ov Project Street Addres /v a 5 � -, � V� 1 Village '&o a, ,v D- c� Owner o,� Address paaw Telephone 7 a 70 SO Permit Request i Square feet: 1 st floor:existing / '7/ proposed 2pef'fl ki proposed Total new r Zoning DistrictJLF Flood Plain Groundwater Overlay ] Project Valuation 'Q Construction Type Lot Size 11 Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. ,• Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure 40 WT5 Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: X Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) hlo� Basement Unfinished Area(sq.ft) Number of Baths: Full:existing new Half:existing �� new Number of Bedrooms: existing_ new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: ❑Gas )(Oil ❑Electric ❑Other Central Air: ❑Yes XNo Fireplaces: Existing New Existing wood/coal stove: ❑Yes VNo 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# —03 Record Commercial ❑Yes No If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name f� Gv /'L. Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE "01y (9601) FOR OFFICIAL USE ONLY o PERMIT NO. DATE ISSUED i MAP/PARCEL NO. ADDRESS VILLAGE + OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH i FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. ` S I oFINKE T Town of Barnstable &UMSTABLE, » Regulatory Services 94, 09• A f Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 September 17, 2007 Carole Mae Lane 1025 Service Road W. Barnstable, MA 02668 Re: Proposed Accessary Affordable Apartment Dear Ms. Lane: We have received the recorded Regulatory Agreement and Comprehensive Permit for the accessory affordable apartment at your address. A building permit is required whether the unit is new or pre-existing. We look forward to receiving your building permit application for the apartment. Please call me if you have any questions regarding the building permit process. Sincerely, Lois Barry Division Assistant J040616a l 09-12-200 r a 12 = 12 P BARNSTABLE TOWN F"'K � BABN3IABI.F, '07 JUL 26 P 2 :16 Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2007-036—Lane Decision-Chapter 40B Comprehensive Permit Applicant: Carole Mae Lane Property Address: 1025 Service Road,West Barnstable,MA Assessor's Map/Parcel: Map 129,Parcel 003 Zoning: Residential F Zoning District Applicants: The applicant is Carole Mae Lane, who resides at 1025 Service Road,West Barnstable, MA. Ms. Lane was granted title to the property by deed recorded in the Barnstable County Registry of Deeds on September 9, 2002 as recorded in Book 15571,Page 94. 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 an accessory apartment unit within a single-family owner- occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit in the lower level of the principal residence. Locus and Background: The property at issue is a 0.81 acre lot located at 1025 Service Road in West Barnstable. The lot was developed in 1967 with a single-family ranch style home. The effective living area of the main residence is 1,874 square feet. The accessory apartment is a one-bedroom unit located in the lower level of the principal residence. The square footage of the rental area is approximately 850 square feet. The lot is served by public water and on-site septic, and is located within a Wellhead Protection Overlay District. The town of Barnstable's Public Health Division reviewed the application, and on February 15, 2007 approved a total of three(3)bedrooms at the property,provided the existing septic system is upgraded to meet the Title V state environmental code and a three bedroom deed-restriction is recorded at the Registry of Deeds. Procedural Summary: A site approval letter was issued for the property by Town Manager John Klimm on March 16, 2007, 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. Y,,,�, _._. ......... �,_`...""�;•.--y�.^-w''*" "' -."��."`a '�-."'...-" .R ..s .ra;� ,...,......�,...:�s�-.:mow ,�, ,�....,.�..3.-'y."�--a.av .,w �—•-w. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on March 30, 2007 and April 6, 2007, and notices were sent to all abutters in accordance with MGL Chapter 40B. On April 25, May 23 and July 11,2007 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, Carole Mae Lane,was present at the hearing. 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. Findings of Fact on the Comprehensive Permit: At the hearing on July 11, 2007,the Hearing Officer made the following findings of fact: 1. The applicant is Carole Mae Lane who resides at 1025 Service Road, West Barnstable, MA. She is requesting a Comprehensive Permit to convert an existing one-bedroom apartment located in the lower level of the principal residence into an accessory affordable apartment. The conversion of the unit to an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for the"Accessory Affordable Apartment Program." 2. Carole Lane was granted title to the property by deed recorded in the Barnstable Registry of Deeds on September 9, 2002 as recorded in Book 15571,Page 94. 3. On March 16, 2007 a site approval letter was issued for the property by Town Manager John Klimm, in accordance with MGL Chapter 40B and 760 CMR.Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit is approximately 850 square feet, and is located in the lower level of the principal dwelling. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and private on-site septic and is in an identified Wellhead Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved a total of three(3)bedrooms at the property,provided the existing septic system is upgraded to meet the Title V state environmental code and a three bedroom deed-restriction is recorded at the Registry of Deeds. 7. On September 13, 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 unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as her principal residence. 8. The applicant understands that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income(AMI) of the Barnstable Metropolitan Statistical Area (MSA) and further agrees that rent(including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 2 ���. ...-----••--�ee•.e-.- -+� ,-aw.t�w•,,�u:.,. .,,,yam=c�.:. �P'=-"ti's'"'^-:---,^�"�.�.�.�.",--w.�y,..e.�.;�,..«.a"�"�°y,---..x-.,...--....,-""--- _ _:Fi..r �..=3- 'wva-�n-- - ....., 9. According to the Massachusetts Department of Housing and Community Development, as of July 11, 2007, 6.63% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. Finding Summary: Based upon the findings, the Hearing Officer ruled that the applicant has standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicant, Carole Mae Lane. It is issued to allow for a one-bedroom accessory affordable apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two persons. 2. The total number of bedrooms on the roe with the existing on site septic system shall not property rtY p exceed three(3),provided the existing septic system is upgraded to meet the Title V state environmental code and a three bedroom deed-restriction is recorded at the Registry of Deeds. 3. The property owner shall occupy the principal dwelling as her principal residence. 4. This unit shall not be occupied by a family member of the owner(s). S. All parking for the accessory apartment and the main dwelling shall be on-site and no lodging shall be permitted on-site for the duration of this comprehensive permit. 6. To meet the requirements of affordability,the cost of housing (including utilities) shall not exceed 30%of 80%of the median income for a single individual for the Barnstable MSA. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum term of one year. 8. The Growth Management Department shall serve as the monitoring agent for the accessory apartment. 3 .. �'_��r� �' _.� :_' � .. � .. s�mw a-�.-. a✓l�amw+�.u..0 'r r�.w ..n�itvL.— .r.34 a-. ,ncvm.w !a_-..,tia:,n 9. The applicant must apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance,the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 10. The applicant may select her own tenant provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the 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 unit shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs, notice must be given to the Growth Management Department and the unit must be listed with the Town. 11. Every twelve months the applicant shall review the income eligibility of the individual occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit,the applicant shall file with the Growth Management Department of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 12. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the Growth Management Department of the town of Barnstable shall be notified within 60 days of the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2007-036 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 240, 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 r In accordance with Chapter 241, section 11 of the Town of Barnstable Administrative Code, the hearing officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on July 11, 2007. Fourteen(14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. G4ightingale, 4ring Offi Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20)days hav: elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the ffice of the Town Clerk. Signed and sealed this i4 day of °oaf under the pains and penalties of perjury. 6e4 Lin a Hutchenrider,Town Clerk 5 f BIZ 22329 Fns 1. 16 —5`5343 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THI GULATi�=2007, NT and DECLARATION OF RESTRICTIVE COVENANTS,is made this day of by and between Carole Mae Lane of 1025 Service Road,West Barnstable,MA and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the "Municipality'),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate the property located at 1025 Service Road, West Barnstable, MA as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 15571&Page 94. B. The Project located at 1025 ('01 V I 0 consist of one accessory h will e rented to an eligible low or moderate income in ividual or family the"Designated apartment unit which b PY( g Affordable Unit" or the "Unit"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2007-036 and any plans submitted therewith and all applicable state, federal and munici al l regulatio . S id perrnit is recorded herewith as Barnstable County Registry of Deeds Book &Page . D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan Statistical Area(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable MSA and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or, as applicable,has not violated any provision of any indenture,agreement,mortgage, !-., i=a *�- --�... ,•r+� �:�-�. .—,a - :s •¢� us s-a....,,�'.;a., >r a� ,- .m.A... -ti v r: �rsarr�,-: <.�.,.., .....war- .fie. mortgage note,or other instrument to which the Owner is a parry or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable Metropolitan Statistical Area (MSA) and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted.from the rent. IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Pro)ect 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 V. GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. VIII. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 15571 & Page 94 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 15571&Page94. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case 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. X. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive 3 I permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner,and (id) 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. XI. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XII. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this 54'�`day of 3epkrn V16✓ 2007. OWNER BY: s;gamm Printed: Carole Mae Lane COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: ��pp On this 6� day of 5 � before me,the undersigned notary public,personally appeared the Owner(s),proved to me through satisfactory evidence of identification,which were (�p' ,5 tee,,c,�_ ,to be the person(s) whose name(s) is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated pure ses. "-v,�M _ \ U Notary u lic Printed: en ; L L My Commission Expires: T 4 TOWN OF BARNSTABLE BY- iG1ANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this�thday of�(2007 before me,the undersigned notary public,personally appeared -Fr)hn 0 A l lmr�,the Town Manager for the Town of Barnstable,proved tome through satisfactory evidence of identification,which were to be the person whose name is signed on the preceding or attached document and acknowledged tb be that he/she signed it voluntarily for the stated purposes. N6ihy Public Printed: My Commission Expires: OFFICIAL SEAL UNDSAY DAWN STRANGER �. ' NOTARY PUBLIC �} COMMONWEALTH OFMASSACHUSETTS .�,•„ My Comm.Expires Dec.14,2012 5 A L axe i walk A-13 -MmsolA-haq Fizotot {r-��.o a2[m� er�ehs'�l �+f S/8 F�rte�,�0¢(la�el- '00% N . Qed"yw r�IL)W, iW1H4• S ok� v d4 ILI S � W w S, BASEMENT PAN q=aY-orl r i 1f ' a- L IV J I?G All toiall �� tFT b ar ' q'Y �o M �M�l ■�� w.�w"r"auNwrnrrnwaewaanwornnprrmw����dtlii�l�'�wma�wauwa� � eucr.enrr'ru.ma������ �a1 � c.:o A e- u waa"aaa as_w... .....,,.. .a�."r�raa.por.a.rpampamWuouGmaY�'a.'°'. •� •r a,.,.,w ..�.rw"a„�,.w.w.�w"wara.,....r.."..wNF ��1O1a1°'"rnw�maiwwa,rum..,aau" v 1 �1 HC4j I3, f2NS"1' I►t F- 1�.8itl.f'74P!!`: !►E:FI McKean, Thomas From: McKean, Thomas Sent: Wednesday, July 11, 2007 10:43 AM To: Taylor, Madeline Cc: Fontaine, Tina Subject: 1025 Service Road After reviewing the floor plan sketch and pictures taken of the basement area, I recommend the applicant should follow- through with the original floor sketch plan by providing a minimum five fee o ening in the wall to the future proposed living- room in the basement. 1 � OFTHE A STAB . = The Town of Barnstable 9 ass. Growth Management Department g P 367 Main Street,Hyannis,MA 02601 Office: 508-862-4678 Fax: 508-862-4782 July 26, 2006 Anthony Alva, Esq. 3291 Main Street PO Box 730 Barnstable, MA 02630 Re: Carole Lane, 1025 Service Road, West Barnstable Dear Mr. Alva, This letter is to inform you that Ms. Edson will begin to take action by way of fines or penalties on August 21, 2006. If Ms. Lane begins the process to enter into the Accessory Affordable Housing Program prior to August 21", such action will not be necessary. If you have any further questions or concerns, please do not hesitate to contact me. Sincerely, / Christine M. Palkoski Regulatory Coordinator cc: Linda Edson I� - Message i age 1 of 1 Palkoski, Christine From: Palkoski, Christine L['� jf;L 19 j rJ 0 Sent: Wednesday, July 19, 2006 12:25 PM To: Taylor, Madeline; Edson, Linda T ---------- Cc: Weil, Ruth �- . "1c J 0 t 1 Subject: Lane-Service Rd FYI: I sent a letter to Alva indicating that the only way she can keep the apt. is through amnesty. Linda, please follow up with Madeline in two weeks to see if she has been contacted. If she hasn't mail Ms. Lane a ticket (the date of offense being the date that you went to look at it after you answered the ad). Let me know if/when you do this. Christine I 7/19/2006 r ��OF THE TO�� O•* BARNSZABLE. The Town of Barnstable MASS. $ 1639• �� Growth Management.Department ATFp�,�A 367 Main Street,Hyannis,MA 02601 Office: 508-862-4678 Fax: 508-862-4782 July 19, 2006 Anthony Alva, Esq. 3291 Main Street PO Box 730 Barnstable, MA 02630 Re: Carole Lane, 1025 Service Road, West Barnstable Dear Mr. Alva, At this juncture, Ms. Lane appears to be eligible for the Town's Accessory Affordable Housing Program. As you may already be aware, the unit is subject to certain eligibility terms. These include income limits and maximum rents. The property must be inspected and if any repairs are necessary there is a reimbursement procedure up to $5,000 for eligible expenses. The Amnesty Program Coordinator is Madeline Taylor. She can provide you with any additional information that you may need. Please contact her as soon as possible to begin this process for Ms. Lane. Lastly,please be advised that if Ms. Lane does not choose to proceed with this program, the kitchen facilities in the basement must be removed. If you have any further questions or concerns, please do not hesitate to contact me. Si cerely,U,� ,� pmo� Christine M. Palkoski Regulatory Coordinator i 06 12:00 FAX 508 362 7770 Deacn Munroe House Q 001 Anthony Alva Attorney at Law 3291- Main Street, P.O. Box 730 Barnstable, MA 02630 508 362-8,342 phone & 508 362-7770 fax To: Christine M. Palkeski, Esq. Ph# 508 8627467.8 Fax#508 862-4782 From: Anthony Alva, Esq. Date: July 10, 2006 Total Pages (including this cover Sheet) : 2 Cl.ient/Matter No. : 1025 Service Road COmments: See the attached. j STATEMENT OF CONFIDENTIALITY The documents included with this facsimile! transmittal sheet contain information from the Law Office of Anthony Alva, which is confidential and/or privileged. This information is intended to be for the use of 'the addressee named on this 'transmittal sheet. If you are not the addressee, note that any disclosure, photocopying, distribution or use of the contents of this faxed information is prohibited. if you have received this facsimile in error, please notify us by telephone listed in the heading above immediately so that we can arrange for the retrieval of the original documents at no cost to you. Thank you. -------oil u Anthany Alva Attorney at Law 3291 'Main Street, P.O. Box 730 Barnstable, jsassachusetts 02630 phone # (503) 362-8342 Fax # (508) 362-7770 July 10, 2006 Christine M. Palkoski, Esq. RP-.gulatory Coordinator T(_+wn of Barnstable GI-owth Management Department 367 Main St. , Hyannis, MA 02601 Carole Lane, 7.025 Service Rd. , West Barnstable E),aar Attorney palkoski: 19,s per our discussion, this morning, your staff is planning to meet on Wednesday, July 19, 2006, to discuss the status of 1025 Service lid. , west Barnstable, for the purpose$ of the towns rental amnesty program. R,lease accept tbis letter as ,-a request that I be allowed to participate in that=meeting g for theached purposes of seeing if a fast resolution to the p J. Further, I anticipate receipt of a complete amnesty package from your office by fax today. 1tind lastly, as per our discussion, Linda Edson, the Amnesty Zoning enforcement officer, will be participating in the July 19 �lting, ;3.nd that no action by way of fines or penalties (it any) w be -taken by her office until that date. Thank you for yo-ir assistance. If you have any questions please ;f eel free to contact me at a.rLy time. Sincerely, A];va. Cc: c. Lane I I I i Edson, Linda To: Palkoski, Christine Subject: RE: Accessory Affordable? Criminal Complaint? This property has an apartment in the basement. It is questionable weather it can go into amnesty because of the layout. The building permit she took out was to add a bedroom in the basement, and remove one in the upstairs so as to still have only 3 bedrooms. Than she got a family apartment special permit. Her son lived there. Than he moved and she rented it to non family members. I came along when she put an ad in the paper for rent. Once her son left the apartment became illegal and her special permit became null and void. She now has an illegal apartment. -----Original Appointment----- From: Palkoski,Christine Sent: Thursday,June 15,2006 2:50 PM To: Smith, Robert;Weil, Ruth; Edson,Linda;Taylor,Madeline Subject: Accessory Affordable?Criminal Complaint? When: Monday,July 10,2006 11:00 AM-12:00 PM(GMT-05:00) Eastern Time(US&Canada). Where: Room-GrowthMgmt Conference Property Information: Carol Lane, 1025 Service Road, West Barnstable think we all need to be on the same page about what, in our opinion, the property(or accessory apartment)can and can't be used for. I think there has been some confusion because of the way the property is set up. 1 Town of Barnstable Regulatory Services snaxsrnBLE, r Mnss, Thomas F.Geiler,Director �p t639. TE039n 6 Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4024 Fax: 508-790-6230 June 9, 2006 Mrs. Carol Lane 1025 Service Road West Barnstable, MA 02668 RE: Illegal Apartment-1025 Service Road West Barnstable, MA. 02668 Map : 129 Parcel : 003 Dear Mrs. Lane This letter is to inform you that you currently are in violation of Barnstable Zoning Ordinance 240-11. You must contact this office by July 14 , 2006 to arrange to bring the above address into compliance or be subject to fines of no more than $300.00 per day of non-compliance. Thank you for your attention in this matter. By Order, L' a Edson Amnesty Zoning Enforcement Officer Building Department Q:zoning5 l ��ftME 1pk, Town of Barnstable Regulatory Services * * saxntSTABI e, v MASS. $ Thomas F.Geiler,Director �A .i63q TE1639 A Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4024 Fax: 508-790-6230 June 2, 2006 Mrs. Carol Lane 1025 Service Road Marstons Mills,MA 02648 RE: Illegal Apartment-1025 Service Road West Barnstable, MA. 02668 Map : 129 Parcel : 003 Dear Mrs. Lane This letter is to inform you that you currently are inviolation of Barnstable Zoning Ordinance 240-11. You must contact this office by July 3 , 2006 to arrange to bring the above address into compliance or be subject to fines of no more than$300.00 per day of non-compliance. Thank you for your attention in this matter. B Order, da Edson Amnesty Zoning Enfcrcement Officer Building Department Q:zoning5 I MAY. 15.2006 2:02PM BARNSTABLE CUM/ECO.DEVELOPMENT N0.268 P.2/3 s The Town of Barnstable Growth Management Department 367 Main Street,Hyannis,MA 02601 Office;508-862.4678 Fax; 508.862-4782 May 1$>2006 VIA FACSIMILE and FIRST CLASS MAIL. Anthony Alva, Esq, 3291 Main Street PO Box 730 Barnstable,MA 02630 Re: Carole-LancTI025-Service-Road;West Barnstable Dear Mr. Alva, I write this letter in response to your,"Demand for Information." First, let me begin by indicating that the"apartment"located at 1025 Service road, West Barnstable, MA has never been permitted by the]Building Department for the purposes of use as a rental. A review of the information maintained by the Building Department establishes that this"apartment"was permitted as a family apartment. In early 2003,the building department was advised that Ms. Lane was performing construction work inside of her home without the proper permits,which included the installation of a second kitchen inside of her home. At that time a stop work order was given. After various communications between the Building Department and IL19. Lane, she was informed that she needed to restore the property to a single family residence. Ms. Lane applied for a permit for a family apartment in 2004, since the apartment was to be used by her daughter and son-in-law. At this time, in order to construct a family apartment an applicant was required to obtain a special permit from the Zoning Board of,Appeals("ZBA"), which she did. At that time,the special permit was granted with conditions. Some of these conditions include,but are not limited to, the following; that the unit was not permitted to be sublet or subleased by either the owner or family members at any time, within(60) days from the date the authorized family members vacate the family apartment,the owner or his or her agent shall remove any kitchen facilities in such unit, and upon vacation of any family apartment,the premises shall be restored as nearly as possible to their state prior to the creation of such family apartment, All of the conditions imposed are outlined either in ZBA decision or the Zoning Ordinances that existed at the time,specifically§3-1.1(3)(D). Family apartments are now governed by§240-47.1,which has similar,if not the exact same,provisions. IMRY. 15.2686 2:03PN BARNSTABLE COM ECO.DEVELOPMENT NO.268 P.3i3 At some point,this unit ceased to be used as a family apartment and began to be offered for rent and advertised in the Cape Cod Times. As indicated earlier, this is not permitted and the property should have been restored. Based on this information,Ms. Lane is not in compliance with the zoning laws of the Town of Barnstable. This is not spurious. If you wish,you may view the information contained in the official file at the Building Department located at 200 Main Street in Hyamiis. Regardless, in order to bring the unit into compliance a building permit must be applied for to remove the kitchen in accordance with the Town of Barnstable General Ordinances. Sincerely, Christizae M. Palkoski. Regulatory Coordinator 9W Anthony Alva Attorney at Law "GH MA t 19 F NII 19-; 13 3291 Main Street , P .O. Box 730 Barnstable , Massachusetts 02630 Phone # (508 ) 362-8342 Fax # (508) 362-777-d'i - By Fax & 1st Class Mail - May 11, 2006 Town of Barnstable Regulatory Services Building Division ATTN: Linda Edson 200 Main St. Hyannis, MA 02601 Re: Demand for Information Inspection of Apartment V0;2=5--Se-r-vice-Rd., West Barnstable;MA 02668 Dear Ms. Edson*.,' ..r, This office has been retained to represent-Ms. Carole M. Lane, the owner of the above referenced= property -- A - "r, ; On April 28, 2006, you wrote a letter to Ms. Lane, alleging the apartment at 1025 Service Rd. is "illegal" . Ms. Lane adamantly denies this spurious allegation. She has an extensive file documenting the approval of the current lay-out of the home at 1205 Service Road which allows for its use as a rental. You letter fails to state any statutory, regulatory or any other authority of any type supporting your allegation that the home and rental does not conform to the law. This is a demand for specific citations to the Code of Massachusetts Regulations, the Town of Barnstable by-laws and/or ordinances/regulations, or any other authority supporting your claim that the home is in violation of the law. Further, your letter completely fails to state the factual basis for your finding that the' home-its "contrary to Barnstable Zoning Ordinances. " r - This letter constitutes a demand that you outline such supposed r r o c a i facts. Be advised that Ms. Lane has done her utmost over the years to ensure the home complies with the law, working closely with town officials in the building department, the zoning board of appeals, and other officials, to ensure the home could be used as a rental. Her permit approvals are well documented, and clearly show that she had done nothing wrong. I am confident that once you have had g an opportunity to review the record, you too will reach the same conclusion. In that regard, I look forward to your prompt response to this letter, and urge that you thoroughly review the records regarding this property. --� Sincerel , ony v cc: C.M Lane 2 r _ OF IME 1pk "\BiiassB`E. = The Town of Barnstable ��ATFD Growth Management Department 7006 DEC 18 AM 9: 11 367 Main Street,Hyannis,MA 02601 Office: 508-862-4678 Fax: 508-862-4782 DIVISiON December 15, 2006 Anthony Alva, Esq. 3291 Main Street PO Box 730 Barnstable, MA 02630 ��� �� Re: Carole Lane, 1025 Service Road, West Barnstable Dear Attorney Alva, I am in receipt of your letter dated December 12, 2006. Ms. Taylor, the Accessory Affordable Apartment Program Coordinator, is in receipt of Ms. Lane's application to the program. In fact, inspections of the property were performed on April 28, 2006 and again on September 13, 2006. Unfortunately, it is Ms. Lane that is delaying this process. At the end of October, she was informed that she needed to have a Department of Environmental Protection certified inspector conduct an inspection of her septic system and complete a sixteen page inspection report, which would be submitted to Ms. Taylor and Tom McKean, Director of the Board of Health. Prior to approving any application for the program, it is imperative that the Health Department know whether the system is functioning properly and whether the block cesspools are in good condition. Again, I would like to remind you that the only way for Ms. Lane to rent this unit is through the Accessory Affordable Apartment Program. Ms. Lane originally created this unit as a family apartment and, when created, the unit conformed with the regulations in place for a family apartment. This unit has never been a legal rental under the Town's ordinances. In fact, when Ms. Lane applied, and received a special permit, for a family apartment she did so with the understanding that the family apartment would be occupied by her family members only and when the apartment was vacated the premises would be restored as nearly as possible to its state prior to the creation of the family apartment. I trust that Ms. Lane will have a certified inspector conduct an inspection of the septic system, within the month, so that her application may proceed. Further, I am sure that Ms. Taylor would appreciate being informed of the steps Ms. Lane is taking to accomplish the inspection. Sincerely, CLVI41c- Christine M. Palkoski Regulatory Coordinator cc:"Tom Perry,Building Commissioner Tom Geiler,Director,Regulatory Services Tom McKean,Director,health Division Madeline Taylor,Accessory Affordable Apartment Program Coordinator z a VL� CAPECODON LI N E.COM ` (568)775-6201 ` t ��� tslsYead� 7 .,rdss-sty .•` x W CATAUMET Route 28A'Haff -' WE BUY HOUSES ORLEANS,E:All utils mdud-, HYANNIS:Downtown.Large 2. CHATHAM:New 7 room, 2 u and full acre lots with new Fast Cash 2 day cosmgs ed. W/D ktchen privileges Br.; includes heat, no pets, bath .townhouse 'cond road. _& underground any condition;an price For details 508-237 7765. $1100/mo. Call Sam-0pm 2200 sq.feet 1st floor ma y 508-548-3722 ter,hardwood,fireplace,h utilities. RE/MAX :Bayside. 508 360 7547 SANDWICH:_Large room,&; basement 2 car garage. 508 563 9777 % bath w!/private entrance HYANNIS: No pets. $2300/month. FALMOUTH: Tech Park "5 cable,fnd e, etc.$125/wk: 617-803-6661 acres,•4 acres w/3,000 SF sr "`" (5 19 888-31 1 0 LOCATION-LOCATION building. Development MORTGAGE .RATES: 'See WAREHAM: In quiet`house,.. Dowrttowri 2 l.large&dean COTUR: 3 BR MILLS 4 Agreement with Commis- "E�=in Sunday Cape non smoking, cable, faun- upl includes. a Cable:775-5611 & $1750MARS 0NS MILLS 4 I sion allows buildings over . Times or Internet dryry pprivate beach, $110 up includes.508 775 5611. . BR$1 a *DENNIS:PORT 1 OK SF.Call for details. www•capeoodonline.com $130/wk 508-566-9005 HYANNIS: Ocean St, 1'rrn., BR 10 0 •DEN 31 RE/MAX Bayside lot,Ba;nearKalmus,Beach. 1300•YARMOUTH 4 I l Baysidecommerdal coin' YARMOUTH,S:Furnished, $750/mo including No pets. 1400; 3 bedroom $11 -508 563 9777. $150/ call for details Craigvifle Rity 775 3174. . • 'HYANNIS 3 bedroo (50g)258-0255 $1200•OTHERS! FALMOUTH:Thomas Landers YAAMOUTH W. Mature te- HYANNIS:$pacious 2 br.walk BR Props (508)394-444i K Rd. Contractor,Yard. FuIN; . to town &hospital,$1200/ usable half acre with 1600 male all included,$120/wk. mo includes.Non smoking/ COTUrr: 3Br; 28a, Coun SF pole bar&storage yr.round 508 775 4633. no pets.,.508-771-6066. ' kitchen, wonderful yyaa! RFJMAX Bayside YpRMOUTHPORT "Furnished" $1550+/mo:; 1 800 7f Baysidecommercial.com Br,sating room +•room w/ HYANNIS: Steps to Main St, 4116 ext 201, Phillip 508-563-9777 QE�A fridge,`microwave, toaster, modem;l br,$950/mo,2Br, phbaybutt@comcastnet t .B erabar►ce no ets, $1250/m0., no ets, non private a/ p_ :3br 1 ba full I "'• BOURNE Lodging;B&B 703 non smoking,$200/wk in smoking.(617)-823 8075 D shed'bsmt with W/D.e Single Tenant Sale Leaseback Wanes to Rent 705 cluding utifs.508-362-2204 -HYANNIS: Studio, .$650 in- pets non smoking. $131 20,000 SgFt Office dudes • 2 BR, $875 a'3 Dall(781)848-4037 Investment Propperty House Sifting 7.07 YARMOUTH W:Newly $3,750Pro g renovated A :room units BR,$1200•YARMOU in, I EASTHAM,N:Avail 5/1,2. r Roommates 710` with kitchenettes:all utilities B $825,includes; 2 BR, 1 Ba ranch, $1100/mo, " Home$harm 712' 7.1100,1� (508)790-1272 $91 ,,3�BR, $1150 • utiks, 508-255-7168 or i 0 FALMOUTH SANDWICH: 1 BR $800 :""!Ti 978-273-2152 Main Street Retail Strip g ERS! BR Propartless 000 Rent 715, 508-394-4446 9 000 S Ft t 195, Rooms thHARWICH:3-4br,2ba w/ q ,$ .� � � avail. 5/1. ftt 281 200—2;906 SgFt Apartments 720 ANNIS: Studio & 1 bed- age & FP a leta'I-Condos Sale or Lease BARNSTABLE VILLAGE.` room apartments.Call last, security & referent Houses Yearly 725 dio for 1 garage;• u 0 508.776-4137 $1700/mo. 0&360 7451 dry,1st,last, •$800 HARWICH,W:3-4 Bedroo, MASHPEE ;'" Condos Yearly 'y 730, includes util ; n 'smok HYANNIS:Walk to hospital& 2 Baths,$1800/monttf. At 130 New Construction i ing/no pets'( ,)'362 8040 '•beaches, new construc!ion, SOS 430 2020. 5D0 5 000 SgFt Condos Summer Rentals 73 1 Br apt security system, :Sale or•Lease BARNSTABLE W:.spacious, rkdng space, :central air/ HARWICH, W. Spad. Winter Rentals 733 quiet r roundat`Bedroom,, ppaa heat,.cabnternet hookup, 48R, 26A, $1500/mo. aumished stove,` Dudes heat,1st&secui 130 iS 0004 SgqFt Building Cuff Cape Rentals k 734' d'e:'y& microwave,tn'o $1100/mo+utils.Call ion 1 acre$875000 �` g 508-771-9550 ext 107 references.508-432-82' and2'Commercallots Florido'Rentals 735 petslsttast`& security $11bDm0 incudes all &• HYANNIS,YARMOUTH, HARWICH:Year round,3 .$440,090 each Vacation Praperfies 734 cable(508)776-7080� rr'; DENNIS 6 HARWICH AREAS: 2Ba;with pond rights;=t Y` CAREFREE LIVING paint & carpet, sunnyy 11. Nursing.Homes: 740 URNE Monument ch, . ,AT REASONABLE RATES clean,deck w/view.tst,•k Commercials 745 ,large furnished; 2nd floor We offer local owned security,$1595+. ` studio,full kitchen bath;off IIyy rity08-367-968 street parlang$850 includes` clean, well maintained 1� 5' Sea Space For Rent 750 all(51 759 3329,'-.; bedroom units. *24 Hour Maintenance HYANNIS: 2Br, dean i Rentals`Wanted 755 nomical; no bets, $120 BOURNE Monumerd Beach; *Senior Citizen Discount morith .(508)-776-015 Rental Services 760 huge open.1 Br,$1100/mo. *Small pets allowed :Real includes No pets lsti last; in some units HYANNIS WOODS security.508-776-344 . 11hBA, large deck, fen e � f•. «,, BOURNE Spak�ous,3 Br.;byy 508-394-8800 x154 or 152 yard, finished baser ' Brookside Go Course,PJC; 1 800 822 3422 $1650/mo.+774-238-00 508-548.40DO �`'°. BARNSTABLE:-Middle male w/d $1275+/mo: 1st, last,` r ;508 790 8000 not,satisfied with where I HYANNISPORT: 36r, •+ tseawatchreatty.cwm ; am,seeidng stable,respon=' security.(774)836 8142- new rugs & paint, Y Bible livin situation BOURNEISAGAMORE BEACH quiet cunt&-sac $1450n EALMOUTH. .Baysiee j5011280-5000 Large 1 2 bedroomapart-. enportrealty.com Deposits(508)'367 215 A.Center.,State=of-the Equal Housing Opportunity 4 ktlital Campus. 2 500 rents near,:canal. ecur- g ' List Our 4 SF units for sale or OFFICE SPACE:As,Brewster— `180- $1100/mo+:lst,fast secur y 200 sgft Orleans,Brewster,,. + 1 year lease required. yA FALMOUTH:Spacious year round rental WII •RE/MAX Bayside' Harwich, Dennis•area. Con fo pets.508-564-5900. edroom Spacious l&2 Beach Really " `decommerci .cam tact Jim; Whereistomorrow bedroom apartments $700 Many inquiries m 1, SO8 563 9777 Video 508 430 4600. BUZZARDS BAY:1 Br bunga- $1200/month plus utilities.` Ldnventory. R;Industrial°Bay s)) low on the canal,yr round,' No pets.1st last&security 6-4998 ;or Rerrt 1400 30b OSTERVILLEJMID CAPE area, w/d $1000.'No pets required.Basic cable includ gapeCod. Or Rent s) out= Garage storage unit, base- 781-223-8593 ed in Hyannis.Yr-round (( rent Gkhns 7 4 521 9871 Call Mon-Fri:`508-775-9316 MARSTONS MILLS Reri e.508-759-9008 BUZZARDS BAY: 1br in-law, ed Antique Cape 3+ . $700/mo.+ utiks. no pets HYANNISPORT:.t Br studio a Doctors -Of �� non smoking 508-759-3550 newly renovated $850'in-- Ba• Pine firs., decks. :� Dudes uhls;508-771 5271 garage cranbe 1 location 1150 , , rrrryy good visibility & BUZZARDS BAY:2 BR,$1075 gardens 508775-81. mutes to bridge: HYANNIS: Ideal for 1, non includes heat & not water. MASHPEE: Commons. Great f(m *$259 900 •,. smoking,no pets $600/mo. No pets.508-394-7221, Location! 1, Br, stardng at MARSTONS MILLS.10 r ch Shores includes. . 508-364-4391, pe� dcanalapartments.com $1050/mo.*50g,477-5400 2 Br.,2Ba.raised ran ki888 4111• f, leave message• w/d hookup; pprivate - CENTERVILLE: 1 BR; near MASHPEE: Small Apt.w/full $1250/mo.+508-965_ NEAR VILLAGE MASHPEE 4 Br.,21h Be.Colo beach; gas, no'pets $850 be., private entrance, non INA" 1.5 acres `nial onppond kitchen prM- C.Johnson 508-790-1647 smoMngg,$700/mo includes: MARSTONS MILLS 6M c?ne;•subdividable. le es, $550/mo. 508-221 CENTERVILLE: ,1 Br, Avail.Now. 508-539-2747:• Abuts conservation. lose & commer- 5538 or 305-522-0682. pond' $2300+lino.508 394J; side cottagge, $735+ utiIs, ORLEANS, E: 2, 2brs, newly 9 frontage on 6A avail 5/1;(508)394 fi608 renovated,W/D,full attic for MASH John Pond 1 41 Price reduced. ORLEANS: Roommate want ed,$600lino.+utilities. storagge, screened in porch, Waterfront, 4 BR 21 AX Bayside CENTERVILLE Cozy 2 br., $1200/mo+.508 255 4503 $2000+ Marcial.com 508 2741639 $1100/mo, includes utils, W.BARNSTABLE 3 ' $63 9777 �z _ tst,last,no pets,non smok ORLEANS:Fumished efficien- BA$1695 fng,(508)775 8087 cy, includes all, walk to a CENTERVILLE 3.$h'dff ; town,$800.508-255-87011 SC zone.45 ' CENTERVILLE: One bedroom BATH,$1500+ SF building. BOURNE: Housemates want apt. No pets,non smoking. ORLEANS:V11age,1 Bedroom YEAR ROUND R�4 NEEDED: Call Team �,Bayside- ed for beautiful&spacious $1200/month:��a all Bud A near Town ^Cope Dillon Rental D•nrisio01, . .. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION i Map ')A ° 3 Parcel To ivy,; s Permit# ' > '7 Health Division r >> - 7�c L & � �'�4 �'I Date Issued f G Conservation Division CAI iWoLitN 12 41 9: 28 Application Fee Tax Collector _may Permit Feeo .� Treasurer SEPTIC SYSTEM MUST BE Planning Dept. INSTALLED IN COMPLIANCE WITH TITLE 5 Date Definitive Plan Approved by Planning Board EWRONMENTAL CODE AND Historic-OKH Preservation/Hyannis TOWN REGULATIONS Project Street Address l S EA✓i G E Village aAtN STifIfL-E Owner 04 a t-� PlAk! Address Telephone Permit Request C-0 ,,_ /t&ca -'G/Y-1+6E ,Q cyJgo o [A-ovc- I s= I 'L-ooc Square feet: 1 st floor: existing r proposed c-- 2nd floor: existing —proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size 1 'IgLas Grandfathered: ❑Yes Mo If yes, attach supporting documentation. Dwelling Type: Single Family S Two Family ❑ Multi-Family(#units) Age of Existing Structure %:�-d Historic House: ❑Yes EPlo— On Old King's Highway: ❑Yes PWo- Basement Type: CdEull ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) ! o c3 e $S �• Basement Unfinished Area(sq.ft) 4 1* S Number of Baths: Full: existing 1 new Half:existing . / new Number of Bedrooms: existing 3 new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas OQ ❑ Electric ❑Other Central Air: ❑Yes GWo Fireplaces: Existing New r— Existing wood/coal stove: ❑Yes duo Detached garage:❑existing ❑new size Pool:Cl existing ❑new size �- Barn:❑existing ❑new size Attached garage:t(existing ❑new size --Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes _ KW If yes,site plan review# Current Use C4A4_GZr Proposed Use /1aA6a g� BUILDER INFORMATION / Name /��-1#,2 �� � CU Telephone Number p �� t' ® `I Address -2010 M License# 0 3 ( ®O- C1'�l f}��✓�S n4 4-5 f. Home Improvement Contractor# 0 Y 1449 Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKENA/ �- YL/o SIGNATURE DATE FOR OFFICIAL USE ONLY PERMIT NO. - DA4fE ISSUED ` r MAP/PARCEL NO. •L ADDRESS VILLAGE ' i r OWNER 4 DATE OF INSPECTION: i F _ FOUNDATION j FRAME ��l�th 0 , INSULATION glAo'S V aok• �' //�f® � i�j ' . t FIREPLACE ELECTRICAL: ROUGH FINAL t PLUMBING: ROUGH -- M FINAL 'k m -co , .. GAS: ROUGE < Q FINAL ` 5 FINAL BUILDING 6�j ix 9 0 �- a- � rr 2mmo ,- ' cr DATE CLOSED OUT, A n av aco - ASSOCIATION PLAN NQMM `� ti s r• t r ' w oFt ram, Town of Barnstable Regulatory Services * r ' =ARNSTABLE, Thomas F.Geiler,Director 9`bAjf 3.�a`°� Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization, conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions, along with other requirements. Type of Work: f}'t-1 R-T tam Estimated Cost Address of Work: I r7—S S L—ILVd cG oe,� W- mej;W LL Owner's Name: Date of Application: 7 A A I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied ❑Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: _ b Ae ?` Date Contractor Name Registration No. Date Owner's Name Q:forms:homeaffidav The Commonwealth of Massachusetts Department of Industrial Accidents' ' met irMasM9M 600 Washington Street Boston,Mass. 02111 . Workers! Com ensation.Insurance Affidavit-General Businesses?,t.cr'�MFP`vr•"Ya,gr. .. .n - 'y+ • �.•i: •.vub§x name: address: 114'.. �� /✓/" J state• �/ cS S zip: O 1 • yhone work site location(full address)• 25--ftm.a sole proprietor and have no one Business Types ❑Retail❑RestaurantBar/Eatmg Estabhshment working in any capacity. ❑Office❑ Sales(mcludmg.Real Estate,Autos etc.)' ❑I am an em to er with employees(full& art time: ❑ Other I am an c a-ployer providing.workers' compensation for my employees working on this job.. com�ari�•nemet . _- sddr'e'ss:` •iosurabee.ca'. t° I am a sole proprietor and have hired the independent contractors listed below who have the following workers' compensation polices: ^V,: com"'sn 'n'am ti:':• -t --ph one, '• 0. iiisursnce co. - Y'o']3 :.#''. '•t .��.,. ,... �.• .l•i't::•:• :t: 1. is , yr t •. addressi . ' i •.,.•. �. i••.. ,s... :.ru. ' cif�"' - aihone#c• .•''�� - irisiir�ncesb:•�' •�' ��• olicv:#`:'.' Failure to secure coverage as required under Section 25A of MGL 152 canlead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one years'imprisonment as well as civil penalties in the fdim of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. ; I do hereby ce under the '�s an nalties of perjury that the information provided above is true and /ogre , Signature Date Print name AA-1 'I/L fofficigl use only do not write in this area to b. completed by city or town official or town: permit/liceme# ❑Building Department . _ ❑Licensing Board ❑check if immediate response is required ❑Selectmen's Office ❑Health Department contact person: phone#; ❑Other (revised Sept 2003) 1 J A YF . Information and Instructions Massachusetts General Laws chapter�152 section 25•requires all employers to provide workers' compensation for their. the law', an employee is defined as every person in the service of another under any contract employees: As quoted from 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 mare 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, more than three apartments and who resides therein, or the.occupant:of the dwelling house of another who employspersoris 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 employer. .. MGL chapter 152 section 25 also'states thatevery state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the.commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any.of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting . authority. / / / Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation.. 'lease supply company name, address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Departine it•of Industrial Accidents for confizmation 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 regardin' 'the"law"or if you maze required to obtain a.workers' compensation policy,please call the Department at the number listed:below. City or owns T . . and printed legibly. The D Department has provided a space at the bottom of the Please be sure that the affidavit�s complete peP • affidavit for you to fill out is the event the Office of Investigations has to contact you regarding the applicant. Please umber.which will be used as a reference number. The.affidavitsm. ay be.retumed to be sure to fill in the perrrntlhcense n the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents ON of kmsugwens 600 Washington Street Boston,Ma. 02111 fax#: (617)727-7749 phone#: (617) 727-4900 exL 406 RESIDENTIAL BUILDING PERMIT FEES APPLICATION FEE New Buildings $100.00 Residential Addition $ 50.00 Alterations/Renovations $ 50.00 $ d, ® a Building Permit Amendment $25.00 FEE VALUE WORKSHEET NEW LIVING SPACE _square feet x$96/sq.foot= x.0041= plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE 3-� 13 square feet x$64/sq.foot= ! 0 x.0041= plus from below(if applicable) GARAGES(attached&detached) square feet x$32/sq.ft.= x.0041= ACCESSORY STRUCTURE>120 sq.ft. >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf- 1500 sf 100.00 >1500 sf-Same as new building permit: square feet x$96/sq.foot= x.0041= STAND ALONE PERMITS Open Porch x$30.00= (number) Deck x$30.00= (number) Fireplace/Chimney x$25.00= (number) Inground Swimming PGol '" -'$60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) Permit Fee Projcost Rev:063004 Town of Barnstable p��HE TOk� o� Regulatory Services Thomas F,Geiler,Director 9� s639 a,� Building DIASY0n Argo Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 . www,town.b arnstable.ma.us Fax: 508-790-6230 office: 508-862-4038 Property Owner Must Complete and Sign This Section If Using A Builder C LIE c-4A.)E ,as Owner of the subject property X, • to act on my behalf) hereby authorize - J in all rnatters relative to work authorized by this building permit application for; to o�-S- s 97LyiCE WJ . -' (Address of Job) Date Signature of Own . Print Name iL - r..cnut,se�C1VJNERPERMISSION f VrIxr', 17i.iiii n i i2rJunsv/f Board of Building Regulations and Standards f HOME IMPROVEMENT CONTRACTOR Registration: 1_ e9 U5488 Expiration: 7/17/2004 Type: individual ARTHUR M.PACHECO Arthur Pacheco 26 Nancy's Ln. Hyannis,MA 02601 Adminktrator r.. - . $OA74tlb1 G REULfI 'IONS r Lieeiisg: G4NSTt21�G7�C)N SIiPEF21/ISOft NOitatiYS 031802 Bii �• a953 } ii06 Tr_no: 25966 ARTHt R?M PigG�: `A HYANNIS. MA ti3S�1::' c�ri5m"issioneir . 7 d 6 0:, 3 13 �- O K ►T � r aa��' i 44 G t. fG"T SD 1 ODOR. c-0 o R P L- � r�-�t s v K G•k �--i—S • r 5 � M S KE DETECTORS O.K. � L✓ v � BARNSTABLE BUILDING DEPT. A $ rr.eA-J' 6 3 � A G 19 O� � z; 4 f x. 4.o S �4 I ��Ao S E o l'0 ®ay k•04TEWL10 A 0 a p /4t.t. t.0 -4,AgTe r �d4S Ck�oS C-r et o S Cr R-►I 3 ) NS u& 'yriOp 6 '0 F 6'LP 16F SD o c cr F —fiw3o3 1 o,� t4�Lip Rpoc (TKO f}OD A�� s tiro ra ra S To T-b E t r H ;6+6* *,as3flw &rie-llv fi4cE0 w�TaV � N y I&O vk' o v9A R-I 3 e tiS a�•�T°c�►r✓ $ da i P ,� ed a9 ko C,K b� o A**,�., 7 4 5 C � c iq S� WO-4 � AO Ck bad vt 4 le 6�vE 3 0 3 o R,,,pSo•� Iry o'fS s c) VC a. Q �T��►76®/1 AS ®EZ'�c-Z`oRS. V-V 1 4 t s.o � o R '• 3ty o��2 - - S 6F/ P AA(A a& wL r OAS-�,�..�,. �.�d� �•"� �����e�-� �4 s&T +t<a MOP 0 o fit. o So O I i ax y F e � (,v-4 034'�4a-P,& Od(o6e � *27- Z-O-� ) ,-ro m,cu„••pe-�. 9-41 vp �P.e 1 —fie , 2 :] �i�re�rYw►� 2 u�� 19 -p4v,,- Amled9 G,,.,,! �..�.<,,:� t.Y.. ,�.+� � C.A:.II-�-c-7 ..H.. .�.c.�. �Q.•�,e.�►-�1�►-. • 9�4 -toml mod . P-Q-Q-� -� ir,.�. Qu-+c�..� %-� �.(u.• �� ��f'�",�°'' ' s0�776-70�p 9�a r 02/04/2004 12:26 5087430673 CD3 PAGE 01/01 :r February 4,2003 From: Carole M.Lane 1025 Service Road P.O.Box 512 West Barnstable,Mass 02668 To: Inspector Bill Kelly Good Afternoon Mr. Kelly, I apologize for any confusion or inconvenience of your time that I have caused, which have not been my intensions. I am just trying to be able to rent a room. I realize that I have tried,to do this without knowing all information or how to go about it. It's all confusing to me as well. I want to have the contractor rebid on the job because he will be pulling all the permits and,doing the plans as requested. l just want to make sure that I am.giving him the accurate information so he can give me an accurate quote to do the job. I seem to keep getting mixed up so the best way for me to keep things straight as to what I need is if I have a list from you. I have listed a few items below that I believe you want to see when the contractor goes for the permit. Please review and list anything else that I will need.to provide so when.he applies for the building permit he will be submitting what you have requested. Hopefully this will take less of your time and help me to keep things straight. Floor Plan of the entire main floor. Location of the removal of making I bedroom into a room with a 5-foot opening. Placement of smoke detectors. Structural Plan of the basement. Location of the rrmodeling according to state codes. Location of the egress window. Location of smoke detectors. Some type of air ventilation in the room next to the bedroom that does not have a window. 4 sets of plans on 11 x 17 paper. Please list or detail anything else that is needed. Please fax back to my attention at 508-759-7497. Thanks, Carole M. Lane °F1ME ra,, Town of Barnstable °* Regulatory Services 9'"M `'E MASS. Thomas F. Geiler,Director �'ArEo;9. Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 6 Febuary 2004 Carole M Lane 1025 Service Road West Barnstable,MA.02668 Dear Ms.Lane, -- --- - — In response to my site visit to your home to view your request to create a legal bedroom and living space in the basement I informed you at the time that certain things have to happen to accomplish this,first the facts at hand. your existing house has the maximum number of bedrooms allowed by the board of Health and the Zoning Board Decision issued.to you. You propose to eliminate one existing bedroom on the first and change it to an office/study and create a N - Five foot cased opening per the Board of health note on your building permit application which is fine as long as someone provides construction details for this element of work. With the above"change comes the requirement to upgrade your-whole house smoke detector system,. which will require your submittal of complete floor plans. As far as me providing you a list of all the elements that are required to perform the rest of the work to create - -this new bedroom in the existing basement,I suggested that you hire a competent and licensed contractor to provide plans and proper details of work to be performed in accordance with Chapter 36 of the State Building_ code for which he should have full knowledge of.As far as your present application for a building permit,with you acting as the contractor,it is totally inadequate in order for me to issue a permit at this time,I told you in the past meeting that I will not - act as your consultant in this endeavor. I will be glad to discuss your project with your licensed builder upon the resubmission showing the - existing and proposed details per the building code. Truly, - William G.Kelly Local Inspector. - ~ Edson, Linda To: Taylor•;-Madeline Subject: ,f1"025 Service Road W. Barnstable At the inspection we had last week at the above named address, The following needs to be done to have the apartmenT b our ght into code for the Amnesty Program: The wall between the kitchen and the room behind the kitchen, that Ms. Lane wants to use a .living room, has to be opened up to five (5) feet with a finished opening. A building permit must be applied for to have the work done. Than this will be a one bedroom apartment. Attending the inspection were, Jack Leboeuf, Madeline Taylor and myself, Linda Edson 1 RUG 28 2002 11 : 56AM YANKEE LAND SURVEYING 1 -508-420-5553 P. 1 IT71"21AGE IMSPEC7101\1 PLAN APPLICANT- CAROLS LANE TOWN WEST BARNSTABLE ` SERVICE ROAD 0,.E -- N82"35 0 200.00' _=-===== �25_ ..200.00' Of 82•C 100"W PAM �G S w � raEw �. ko 32WO - smEa FLOOD PANEL- 250001 0015C FLOOD ZONE" _ DATED 8119185 1 hereby certify than this mortgage inspection plan -was prepared for. Plan is For COUNTRYWIDE HOME LOANS Bank Use Only The location of the building shown does �_ '_— fall within a special flood hazard zone. PLAN REF. = 197/107 The location of the dwelling does ______ conform to the local zoning by—la ws in effect- at the time of construction with respect to horizontal dimensional setback requirements Scale .I = 50 ___ FT_ or is exempt from violation enforcement action under Mass General Laws Ch. 40A —Sec. 7 Date.' PLEASE NOTE` The structures on this inspection were located by tape not instrument and are approximate only. An actual survey is necessary ' for a precisE determination of the building location and encroachments if any exist, either way across property lines This utspecdan must not be used for recording purposes or for use in preparing deed descriptions and must not be used for variance or building plan purposes This inspection must not be used to locate property lines Verification of buildog locations, property dine dimensions, fences or lot configuration can only be accomplished by an accurate instrument survey which may reflect different In ormaiion then what is shown hereon. This inspection is not to be used for any purposes other than mortgage. Yankee Survay accepts no responsibility for damages resulting from said reliance. V-A A ' 7� o T '1�Ti�'�T —0 AT e T TZ rT 4 ,A T f` Q PAX 5508-420-6553 1 ri_ N , ___✓ ,v L,�- e. V L L" 1 d� v✓. ,_t -z i d -L 0 BOX 265, 40 INDUSTRY RD, McRSTONS MILL,5; MA 02648 PHONE. 508-428-0055 33858 AS z ry y E� ' 1 i r 1 4 ' Ml ! Qm r 0�5 y � €E q •� : ' � •W� ,rr "`.: p, •�` hE � � � Ems' --�' .," ... ADM;, NNW v °'�g�, �t...,E � 153034 r #,,l, E �,; M Y'3 '��'.. "' E4{tdl3 3i :s ,tf E Waw-'.-': € �E �"'��.,;:._.,�� F .. .a. �.? Abutters within 300' of Map 129 Parcel 003 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters. The requestor of this list is responsible for ensuring the correct notification of abutters. Owner and address data taken from Assessor's database November 2002. ~ Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country 129002 RANTA,ROBERT E&HELEN C SANDY ST W BARNSTABLE MA �02668 USA 129003 LANE,JOHN&CAROLE 170 SANDY ST WEST BARNSTABLE MA 02668 USA / 1025 SERVICE RD 129004001 RANTA,ROBERT E& RANTA,DAVID L P O BOX 322 W BARNSTABLE MA 02668 USA / 129004002 rTA,ROBERT E& RANTA,DAVID L P O BOX 322 W BARNSTABLE MA 02668 USA 129005 BARNSTABLE,TOWN OF(CON) CONSERVATION COMMISSION 367 MAIN HYANNIS MA �02601 USA STREET 129007 BARNSTABLE,TOWN OF(CON) CONSERVATION COMMISSION 367 MAIN HYANNIS MA �02601 USA STREET 129011 BENSON,EGBERT E C/O EA LLOYD 15 BLUEBERRY BUZZARDS BAY MA �02532 USA AVE 153034 RANTA,ROBERT E& RANTA,DAVID L P O BOX 322 W BARNSTABLE MA �02668 USA I Tuesday,March 11,2003 Page 1 of 1 -slow q s loss W olgoouiDS p mol£ODZ)j woq paz4i6ip aim souil la3iod ',001 110 alDx D to •dow ago uo 'AO t t Sp1DPU14S A)wNin dDW lDuogDN pw of paddDw MOM u0y008n puo'Agdw6odol's)Iliawiuold -u0.4DJodio) sualgo lu)Mgd-o4 sdigsuouolai lonuD juasaidai jou op 10 alox D W spiopuo4S bom»n doW 0039 Aq sgdDiDwogd louaD 6961 woq papidiapw 8JU u0y0406an puD Agdw6odol-Au.Ddwo)11maS•M puD'suopol onu jou 81D Aagl -sauopunoq Apadoid to louogDN 49aw of paddow alaM uogD4869n sawDt eq Aq sgdDi6*gd louao S66 t woq palaidiap ain(sainio%apow-uow)s)igawiuold :S3)bNOS VIVO su04D4uasajdai)igdm6 Aluo aiD Saud pod agl :310N** puD'Agdw6odoj's)wawiuold TON* s OR HIM 3 M 'ooz=n I ']lv)S N COO 1 DNVd 6 Z I dVVV ' I — k CS& I \ � — — I I / � � I I SZ# / ti�Ulft / 6101# /j 6& i 10 /i /i 1� I D lZ# 100i� J, Oil o n# £00-b d \x\ 6s# Town of Barnstable Regulatory Services " I Thomas F.Geiler;Director 9s,► MASS. Building Division 1639. �0 Tom Perry Building Commissioner 200.Main Street, Hyannis,MA 02601 Office: 508-862-4038. Fax: 508-790-6230 COMPLAINUINQUIRY REPORT Date:. j 05 Rec'd by: Complaint Name: 6r a 1 ,,, Map/Parcel_ Location Address: SG—�lZil Originator Name: 6L\ � Street: w � Village: State: yfkjs-_� Zip: Telephone: Cj � Complaint Description: . ' C c`f s 1- FOR OFFICE USE ONLY Inspector's Action/Comments Date: C 1 — n1 Q_o.! Inspector: 1•�� 1 1 .�i�.rm d Additional Info.Attached � "� c `i Q:forms:complaint TOWN OF BARNSTA BL DEPAWFNIEN"r Of' IIE 1,IUrII SAFETY ENTVIF;OVOEN` AL SERVI 'El, BUILDING DIVISION l HIS ;S'TR1UCTUIZI,fk .. OR ' � r'. - S. a INSPI CTE'D AND THE FOLLMIN'ING VIOLATIONS." I3UI I.DING CODE AN'D;OR 'ZONIN(; ORDINANCE HAVE BEEN FOUND: YOtJ A1~:I IiI?REI Y NOTIFIFD TIJf NO M)DITION.AL NVORK SHALL BE UNDEI TAI' `F SE PRLI�IISES, OR THE PREMISES LrPON '1[ HE O('C'tjl'IF;D UNTILTHEAI3f)VI�, VIOI,��TIONS ARE CORRECTED. ED. ANY PERSON REAMOVING THIS NOTICE NVITHOUT ' PROPEIZAUTHORizivrION SHALL BEI LIABLE . rO A FINE OF NOT LESS THAN FIFTY, NOIZ MORE THAN ONE, HUNDRED DOLLARS. Address Date Building Con-1 1 i sione x lt. MUR � '•'st Y {( 43 i i + r r r r n. "+ r Y I ���2 . . . .,a. . . _ . . . . �r . �. wiz - � ~�\�222 °/\ . � \ . :���?wa+±« : . . . �l - � )—§ 5 - a _ � s 1 r � �4 w 1E «� _ r P .r r. Y s 4-0 o r "s AlSty vrrsitr�9��rwpr� `+ � � 'apt '�2y�^�z" 3+ � �,. y • � W U".� ia s ,k'y xr i„x a'o-h.«rLL s '�'7ar"Syr1yy "'i++s't3°�i p"a Ui ' , k r � . 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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 April 28, 2006 Ms. Carol Lane 1025 Service Road West Barnstable, MA 02668 Re: Illegal Apartment 1025 Service Road West Barnstable Ma. 02668 Map 129 Parcel 003 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 • 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. Sinc , Li Edson esty Program Zoning Officer Building Department gforms:zoning3 IL o rep e0 cett PO `O`fME tp�� The Town of Barnstable WP O� M BARNSTABU. Department of Health Safety and Environmental Services MASS. a '° Building Division tf0 MPY 367 Main Street,Hyannis,MA 02601 Tice: 508-862-4038 ix: 508-790-6230 PLAN REVIEW Owner: CAM 1/91V C Map/Parcel: 17- 67 Project Address: -Le ;Llxvler -'PI) Builder: eU/'0Vr'e. T The following items were noted on reviewing: Od✓ 1ADe' /SVI1T e iy A9U IlCk lArelll?�,o141-11 AS TO 14110 T S/he -TS JCar FA4� � Vo /U 1i/I')T/) CB,Pe e /l/�/'C ��z'C T _S'TOu� /f-S S'i�®ay.✓ ,7'/y �'r'riy�¢rS i�/�9-S /�i®�`" f 9fs'f&T 0A1 290'?'C _ , CAReviewed by: Date: ®® i Status: Not Family Appeal No:,- 2003-050 i Appeal:, ,Special Permit = Apt . , 'f Last„ Applicant: Lane ICarol Mae Addr: Addr2:`- 1025 Service Road Village: West Barnstable MA 02668 A Aff Received: 4 Map Par: 129003 Zoning: RF �r - � ,�'� ear �, °#, �` � `� , •�� Decision: 4 �4 a � h_ Notes: 'Needs bldg permit and recorded decision. 12/29/03 T. Perry, 4�:' m, and CO for family apt.after final building inspection. 1/6/04 B. , Kelly,no longer family apt.situation,has removed stove,no bldg permit requested. May rent to alodger. �D l d .1lISU oil ts Appeal No: 2003-050 Appeal• t Special Permit Status New Last A. _` First.. Applicant: Lane Carol Mae dddr•. - Addr2:`•; 1025 Service Road Village: West Barnstable MA 02668s �F Aff Received:a', Ma Par: 129003 Zonin - RF p .� 9= k . . Decision- � e. r"a Notes: 'Needs bldg permit and recorded decision. ` R -- • .'. € tom.. 3t a a`" # .5. 'Yt r ;' 1 TOM CLERK BARNS ABLE, fiMA,,SS, BAMRMBLE, All fD A4P'� Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2003-050 -Lane Section 3-1.1(3)(D), - Family Apartment Special Permit Summary: Granted with Conditions Petitioner: Carol Mae Lane Property Address: ,1025 Service Road,West Barnstable,MA, Assessor's Map/Parcel: Map 129,Parcel 003 Zoning: Residential F&Wellhead Protection Overlay Districts Relief Requested & Background: The property consists of a 0.81-acre lot commonly addressed as 1025 Service Road,West Barnstable. It is improved with a one-story, 3-bedroom single-family dwelling with a living area of approximately 1,712 sq. ft. The dwelling dates to 1967. The property is located in a Residential F Zoning District and is serviced by an on-site well and septic system. The petitioner is proposing totconvert the basement area, excluding the garage,.to a family apartment. The proposed family apartment is to be approximately 1,014 sq. ft. The family apartment is to be occupied by the applicant's daughter and son-in-law,Nicole and Lee Baguley. The petitioners are requesting a Special Permit for a family apartment pursuant to Section 3-1.1(3)(D) of the Zoning Ordinance. Family apartments are allowed in all Residential Zoning Districts as a conditional use, provided a Special Permit is first obtained from the Zoning Board of Appeals. Procedural& Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on February 21,2003. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened April 02,2003,at which time the Board found to grant the appeal. Board Members deciding this appeal were,Ron S. Jansson,Richard Boy,Thomas A. DeRiemer,Randolph Childs and Chairman Daniel M. Creedon. Ms. Lane spoke on her own behalf,explaining she has a finished basement where she would like her daughter and son-in-law to live. The Board asked her if she understood the provisions regarding family apartments and if she would commit to abide by all of those provisions. She responded yes. Questions were raised concerning the square footage of home and the apartment unit and it was determined that upon finishing of the area it would comply with the 50%limitations imposed in the ordinance. Public comment was requested and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of April 02,2003, the Board unanimously made the following findings of fact: 1. Carol Mae Lane has applied for a Family Apartment Special Permit pursuant to Section 3-1.1(3)(D) of the Zoning Ordinance. The family apartment is to be within the existing single-family structure. The Decision and Notice-Appeal 2003-050-Lane Section 3-1.1(3)(D),-Family Apartment Special Permit property is shown on Assessor's Map 129,Parcel 003 addressed 1025 Service Road,West Barnstable in a Residential F Zoning District. 2. The property consists of a 0.81-acre lot commonly addressed as 1025 Service Road,West Barnstable. The location is in close proximity to Exit 5 of the Mid-Cape Highway(Route 149). According to the Assessor's record,it is improved with a one-story,3-bedroom single-family dwelling with a living area of approximately 1,712 sq. ft. The dwelling dates to 1967. 3. It is a raised ranch where a one-car garage is located in the basement area of the structure. The petitioner is proposing to convert the remaining area of the basement to a family apartment of approximately 1,014 sq. ft. The family apartment is to be occupied by the applicant's daughter and son- in-law,Nicole and Lee Baguley. 4. From the materials submitted,it appears the family apartment meets the following requirements of Section 3-1.1 (3)(D) of the Zoning Ordinance. 5. The area of the proposed apartment unit is under 50% of the area of the dwelling. 6. The unit,being located within the existing structure will be developed in a manner that retains the existing residential character of the dwelling. 7. A mortgage inspection plan has been submitted to the file that shows the home conforming to the required setbacks. 8. A scaled layout of the basement area has been submitted that apparently identified the apartment unit as being located in the basement area of the structure and occupying an area 26 ft. by 39 ft. 9. That the application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, (Special Permits pursuant to Section 3-1.1(3)(D)- Family Apartment—are permitted in all residential Zoning Districts provided all criteria are met.) 10. The proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. 11. The property is located in a designated Wellhead Protection Overlay District and is .8 acres,which today would restrict the number of bedrooms located on the property to three. Decision: Based on the findings of fact,a motion was duly made and seconded to grant the appeal with the following conditions: 1. The family apartment shall comply with,and be maintained in accordance with,all restrictions of Section 3-1.1(3)(D) of the Zoning Ordinance and shall be the primary year-round residence of the family member residing therein. 2. The family apartment is limited to a one-bedroom unit located in the basement area of the home and to occupy no more than 1,014 sq.ft. 3. There shall be no more than three bedrooms on the property. 4. The shed shown on the Plan shall be located so as to conform to the required setbacks for the Zoning District. 5. So long as the family apartment exists,there shall be no renting of room to lodgers. 2 I Decision and Notice-Appeal 2003-050-Lane Section 3-1.1(3)(D),-Family Apartment Special Permit 6. The applicant shall apply to the Building Division for a building permit for the family apartment. A copy of this recorded decision must be submitted with the building permit application. The family apartment shall not be occupied until an occupancy permit is obtained from the Building Commissioner. 7. The locus shall comply with all State Building Codes,Town of Barnstable Board of Health and State Fire Prevention Regulations. 8. The locus shall also comply with Title 5 without variance. The vote was as follows: AYE: Richard L. Boy,Thomas A.DeRiemer,Randolph Childs,Ron S.Jansson and Daniel M. Creedon, NAY: None Ordered: Special Permit 2003-050 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision,if any, shall be made pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Daniel M. Creedon,Chairman Dat Signed I,Linda Hutchenrider,,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed the of f the Town Clerk. Signed and sealed this ay of 80 u der sins and penalties of perjury. Linda Hutchenrider,Town Clerk 3 I BIKE �y^ BA STABM y MABa f67q. �0� �plED tAfK A Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2003-050 - Lane Section 3-1.1(3)(D), - Family Apartment Special Permit Summary: Granted with Conditions Petitioner: Carol Mae Lane Property Address: 1025 Service Road,West Barnstable,MA Assessor's Map/Parcel: Map 129,Parcel 003 Zoning: Residential F&Wellhead Protection Overlay Districts Relief Requested & Background: The property consists of a 0.81-acre lot commonly addressed as 1025 Service Road, West Barnstable. It is improved with a one-story, 3-bedroom single-family dwelling with a living area of approximately 1,712 sq. ft. The dwelling dates to 1967. The property is located in a Residential F Zoning District and is serviced by an on-site well and septic system. The petitioner is proposing to convert the basement area, excluding the garage, to a family apartment. The proposed family apartment is to be approximately 1,014 sq. ft. The family apartment is to be occupied by the applicant's daughter and son-in-law, Nicole and Lee Baguley. The petitioners are requesting a Special Permit for a family apartment pursuant to Section 3- 1.1(3)(D) of the Zoning Ordinance. Family apartments are allowed in all Residential Zoning Districts as a conditional use, provided a Special Permit is first obtained from the Zoning Board of Appeals. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on February 21, 2003. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened April 02, 2003, at which time the Board found to grant the appeal. Board Members deciding this appeal were, Ron S. Jansson, Richard Boy, Thomas A. DeRiemer, Randolph Childs and Chairman Daniel M. Creedon. Ms. Lane spoke on her own behalf, explaining she has a finished basement where she would like her daughter and son-in-law to live. The Board asked her if she understood the provisions regarding family apartments and if she would commit to abide by all of those provisions. She responded yes. Questions were raised concerning the square footage of home and the apartment unit and it was determined that upon finishing of the area it would comply with the 50% limitations imposed in the ordinance. Public comment was requested and no one spoke in favor or in opposition to the request. 1 ' 1 Decision and Notice-Appeal 2003-050-Lane Section 3-1.1(3)(D),-Family Apartment Special Permit Findings of Fact: At the hearing of April 02, 2003, the Board unanimously made the following findings of fact: 1. Carol Mae Lane has applied for a Family Apartment Special Permit pursuant to Section 3- 1.1(3)(D) of the Zoning Ordinance. The family apartment is to be within the existing single- family structure. The property is shown on Assessor's Map 129, Parcel 003 addressed 1025 Service Road, West Barnstable in a Residential F Zoning District. 2. The property consists of a 0.81-acre lot commonly addressed as 1025 Service Road, West Barnstable. The location is in close proximity to Exit 5 of the Mid-Cape Highway (Route 149). According to the Assessor's record, it is improved with a one-story, 3-bedroom single-family dwelling with a living area of approximately 1,712 sq. ft. The dwelling dates to 1967. 3. It is a raised ranch where a one-car garage is located in the basement area of the structure. The petitioner is proposing to convert the remaining area of the basement to a family apartment of approximately 1,014 sq. ft. The family apartment is to be occupied by the applicant's daughter and son-in-law, Nicole and Lee Baguley. 4. From the materials submitted, it appears the family apartment meets the following requirements of Section 3-1.1 (3)(D) of the Zoning Ordinance. 5. The area of the proposed apartment unit is under 50% of the area of the dwelling. 6. The unit, being located within the existing structure will be developed in a manner that retains the existing residential character of the dwelling. 7. A mortgage inspection plan has been submitted to the file that shows the home conforming to the required setbacks. 8. A scaled layout of the basement area has been submitted that apparently identified the apartment unit as being located in the basement area of the structure and occupying an area 26 ft. by 39 ft. 9. That the application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, (Special Permits pursuant to Section 3-1.1(3)(D)-Family Apartment —are permitted in all residential Zoning Districts provided all criteria are met.) 10. The proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. 11. The property is located in a designated Wellhead Protection Overlay District and is .8 acres, which today would restrict the number of bedrooms located on the property to three. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the appeal with the following conditions: 2 Decision and Notice-Appeal 2003-050-Lane Section 3-1.1(3)(D),-Family Apartment Special Permit 1. The family apartment shall comply with, and be maintained in accordance with, all restrictions of Section 3-1.1(3)(D) of the Zoning Ordinance and shall be the primary year-round residence of the family member residing therein. 2. The family apartment is limited to a one-bedroom unit located in the basement area of the home and to occupy no more than 1,014 sq.ft. 3. There shall be no more than three bedrooms on the property. 4. The shed shown on the Plan shall be located so as to conform to the required setbacks for the Zoning District. 5. So long as the family apartment exists, there shall be no renting of room to lodgers. 6. The applicant shall apply to the Building Division for a building permit for the family apartment. A copy of this recorded decision must be submitted with the building permit application. The family apartment shall not be occupied until an occupancy permit is obtained from the Building Commissioner. 7. The locus shall comply with all State Building Codes, Town of Barnstable Board of Health and State Fire Prevention Regulations. 8. The locus shall also comply with Title 5 without variance. The vote was as follows: AYE: Richard L. Boy, Thomas A. DeRiemer, Randolph Childs, Ron S.Jansson and Daniel M. Creedon, NAY: None Ordered: Special Permit 2003-050 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Daniel M. Creedon, Chairman Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. 3 L I Decision and Notice-Appeal 2003-050-Lane Section 3-1.1(3)(D),-Family Apartment Special Permit Linda Hutchenrider, Town Clerk 4 BABNBfABLF, MA8& f67q Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2003-050 - Lane Section 3-1.1(3)(D), - Family Apartment Special Permit Summary: Granted with Conditions Petitioner: Carol Mae Lane Property Address: 1025 Service Road,West Barnstable,MA Assessor's Map/Parcel: Map 129,Parcel 003 Zoning: Residential F&Wellhead Protection Overlay Districts Relief Requested& Background: The property consists of a 0.81-acre lot commonly addressed as 1025 Service Road,West Barnstable. It is improved with a one-story,3-bedroom single-family dwelling with a living area of approximately 1,712 sq. ft. The dwelling dates to 1967. The property is located in a Residential F Zoning District and is serviced by an on-site well and Peptic system. The petitioner is proposing to convert basement area excluding the garage tQa family apartment. The proposed family apartment is to be approximately 1,014 sq. ft. The farn4 apartment is to be occupied by the applicant's daughter and son-in-law,Nicole and Lee Baguley. The petitioners are requesting a Special Permit for a family apartment pursuant to Section 3-1.1(3)(D) of the Zoning Ordinance. Family apartments are allowed in all Residential Zoning Districts as a conditional use, provided a Special Permit is first obtained from the Zoning Board of Appeals. Procedural& Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on February 21,2003. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened April 02,2003,at which time the Board found to grant the appeal. Board Members deciding this appeal were,Ron S. Jansson, Richard Boy,Thomas A. DeRiemer,Randolph Childs and Chairman Daniel M. Creedon. Ms. Lane spoke on her own behalf, explaining she has a finished basement where she would like her daughter and son-in-law to live. Th Board as her if she understood the provisiotj tr s regarding family apartments and if she would. ide by all of those provisions. She responded yes. Questions were raised concerning the square footage of home and the apartment unit and it was determined that upon finishing of the area it would comply with the 50%limitations imposed in the ordinance. Public comment was requested and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of April 02,2003,the Board unanimously made the following findings of fact: 1. Carol Mae Lane has applied for a Family Apartment Special Permit pursuant to Section 3-1.1(3)(D) of the Zoning Ordinance. The family apartment is to be within the existing single-family structure. The Decision and Notice-Appeal 2003-050-Lane Section 3-1.1(3)(D),-Family Apartment Special Penn it property is shown on Assessor's Map 129,Parcel 003 addressed 1025 Service Road,West Barnstable in a Residential F Zoning District. 2. The property consists of a 0.81-acre lot commonly address as 1025 Service Road,West Barnstable. The location is in close proximity to Exit 5 of the Mid- pe Highway (Route 149). According to the Assessor's record,it is improved with a one-story 3- room single-family dwelling with a living area of approximately 1,712 sq. ft. The dwelling dates 1967. 3. It is a raised ranch where a one-car garage is located in the basement area of the structure. The petitioner is proposing to convert the remaining area of the basement to a family apartment of approximately 1,014 sq. ft. The family apartment is to be occupied by the applicant's daughter and son- in-law,Nicole and Lee Baguley. 4. From the materials submitted,it appears the family apartment meets the following requirements of Section 3-1.1 (3)(D) of the Zoning Ordinance,-.- 5. The area of the proposed apartment unit is under 50% of the area of the dwelling, 6. The unit,being located within the existing structure will be developed in a manner that retains the existing residential character of the dwelling. 7. A mortgage inspection plan has been submitted to the file that shows the home conforming to the required setbacks. 8. A scaled layout of the basement area has been submitted that apparently identified the apartment unit as being located in the basement area of the structure and occupying an area 26 ft. by 39 ft. 9. That the application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, (Special Permits pursuant to Section 3-1.1(3)(D)-Family Apartment—are permitted in all residential Zoning Districts provided all criteria are met.) 10. The proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. 11. The property is located in a designated Wellhead Protection Overlay District and is .8 acres,which today would restrict the number of bedrooms located on the property to three. Decision: Based on the findings of fact,a motion was duly made and seconded to grant the appeal with the following conditions: 1. The family apartment shall comply with,and be maintained in accordance with,all restrictions of Section 3-1.1(3)(D) of the Zoning Ordinance and shall be the primary year-round residence of the family member residing therein. 2. The family apartment is limited to a one-bedroom unit located in the basement area of the home and to occupy no more than 1;014 sq.ft: 3. There shall be no more than three bedrooms on the property. 4. The shed shown on the Plan shall be located so as to conform to the required setbacks for the Zoning District. 5. So long as the family apartment exists,there shall be no renting of room to lodgers. 2 l Decision and Notice-Appeal 2003-050-Lane Section 3-1.1(3)(D),-Family Apartment Special Permit 6. The applicant shall apply to the Building Division for a building permit for the family apartment. A copy of this recorded decision must be submitted with the building permit application. The family apartment shall not be occupied until an occupancy permit is obtained from the Building Commissioner. 7. The locus shall comply with all State Building Codes,Town of Barnstable Board of Health and State Fire Prevention Regulations. 8. The locus shall also comply with Title 5 without variance. The vote was as follows: AYE: Richard L. Boy,Thomas A. DeRiemer,Randolph Childs,Ron S.Jansson and Daniel M. Creedon, NAY: None Ordered: Special Permit 2003-050 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision,if any, shall be made pursuant to MGL Chapter 40A,Section 17,within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Daniel M. Creedon,Chairman Date Signed I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 3 iif Carole Mae Lane T0� 1,10F 11P RWS T ABL.E U025'Service Rbad-" West Barnstable;MA.02668 2 03 FEB 14 AM g: 50 February 13,2003 To: Tom Perry,Building Commissioner b i V E 5 4 0#1 200 Main Street Hyannis,MA 02601 0� RE: Your letter dated February 5`h, 2003 -Illegal Apartment L Dear Mr. Perry, I was informed by an orange sticker that I was to stop all work inside of my house because of an illegal apartment. I did not intentionally do anything wrong nor at that time did I feel that I had an illegal apartment. In October I rented 1 bedroom in my 3 bedroom ranch home. I called the town to see what I needed to do to rent the room. I was informed that as long as I did not rent to more then 3 people I did not need to file any papers. Mac(Michael McCarthy)is the man I rented to. I was asking 125.00 a week and '/z of the cable bill. He explained that he was disabled and would I rent to him for 400.00 a month which I agreed. Then he told me it would be easier for him to rent by the month, but now could only afford 350.00 a month. I needed the income to pay my mortgage but also felt bad for him so I agreed. I didn't check references and later realized what a bad mistake that was. He started to take over my home, exercised in the kitchen 2 hours every day and then would powder himself. He was a dirty person,never cleaned his room, left dirty dishes all over the counters and would change all my carpets around. I'm explaining this to you so you can get a picture of what was happening and why he called the building department. He forgot that he agreed to pay 1/z the cable, so I was out again. He claimed that he was always harassed by the police and that he was given the big war ship from the aliens„ He is the person that would end the world for justice. He claims to have been Hitler in a past life,Abraham Lincoln, who Mac claims died in his bed and not in the theater,he was also Jesus' twin brother. This is just a few of the things about him. My daughter(Nicole)and son-in-law(Lee)were renting a house in Marston Mills,which was sold. I told them that they could move in here and live in the bedroom upstairs,but when they entertained that they were to do that down stairs so I could have my privacy. I had asked Mac to leave,but he did not want to leave. Nicole and Lee stored their items in my garage. There was a room in the basement that had been finished approximately 18 years ago. They put their furniture in there and put their bed in the room next to it. As time went on things were getting very tense in the house, there were 4 of us sharing 1 shower,Nicole didn't want to use the kitchen because of Mac exercising and powdering in there, so I tried to make things easier. Some friends helped me out to try to make things look a little nicer downstairs till Mac left and they could move upstairs. They started a bathroom but nothing has been finished. (No toilet, sink or shower) Across from the laundry room I put in a small counter with sink, refrigerator and hired an electrician to hook up a stove. The electrician's came in and added a new breaker to the fuse box and I paid them quite a bit of money because they had to snake the wires. I tried to paint and just make the place a bit more cheerful because of the situation. Mac still would not leave and his family didn't offer to help me as they had been thru this many times before. His sister finally came by a few days after Christmas. She said Mac was having problems; I agreed and said we were all having problems because of him. I explained how he was opening his bedroom windows when the temperatures were below freezing,that my heat was going on every 10 minutes, my fuel bills doubled and my electric bill tripled. He unplugged the electricity to the water pump,the pump froze,and pipes broke below the cement in the basement. I called Ralph Jones the next day after seeing the orange sticker, offered for him to come in and see my home, explained about the work that was done and asked what I had done wrong and what did I need to do to make things right. He explained that a single family dwelling can have only 1 stove in the house,but I could go before the zoning board and ask permission. He also told me that I would be receiving a letter from the building commissioner and he did tell me that it was Mac that called. I told Ralph that Mac had been calling the police on me as well because he didn't want to move by the end of January. About a week later I called Ralph because I had not received a letter and I wanted to take care of what needed to be done as soon as possible, especially the bathroom. He said he would see if the letter had been mailed, and I requested that he fax it to me. I again offered to Ralph to come into my home so he could tell me what was wrong,he said he already saw inside of my home as there are pictures. When I received the letter by fax I was sick to my stomach. I'm not sure what they mean be restoring it to a single family home and accomplish this work and call for an inspection within 14 days. I'm not sure what you mean by re-storing. I have checked into the town amnesty program which sounded great,I told Paulette that my daughter and son-in-law would be very happy as I would be able to make another bathroom. Paulette explained that this does not apply for family members. I am still a bit confused that my intentions were to make an entertaining area for Nicole and Lee but I am filling out an application for a family apartment permit. I'm trying to go by the rules and do everything right but I'm not sure of everything I need to do. I would also like to see what pictures were taken. I have talked with Danielle, (zoning board of appeals), and she has been very helpful. I am also meeting with Art on Friday the 14`h,so I hope I can get this all cleared up. I do apologize for any inconvenience to the town or anything that I might have done wrong and I am trying to make things right. Sincerely, Carole Mae Lane I `oFTHE roy, Town of Barnstable Regulatory Services �sn MASS. e� Thomas F.Geiler,Director �ArED MA+A Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 February 5, 2003 Ms. Carol Lane 1025 Service Rd. West Barnstable,MA 02668 RE: Illegal Apartment Map 129 Parcel 003 Dear Ms. Lane: A review of our records, including the permitting history of 1025 Service Rd., West Barnstable as well as Zoning Board of Appeals records indicate that the use of that address as anything other that a single family home is illegal. You are hereby ordered to discontinue the use of the above-referenced property as it is now being used and restore it to a single-family home. You are to accomplish this work and notify this office to inspect within fourteen(14) days of receipt of this letter. A building permit must be applied for to restore the layout to accommodate the conversion. You must do this before you make any changes. You have the right to appeal this decision. If you so choose, we will be more than happy to help you. If we do not hear from you within the 14 days,we will be forced to seek criminal action against you. Sincerely, Y� Tom Perry Building Commissioner Q:zoning5 Ai Scq- `1y 3 —C�-) �.P i n H to &SIRRe ® , �,,'f� b?' T.n`,yJfi����y���,�q! i'� - %fit$• r4`, �� �.,�, Y �.la,,k_' �... ,re�`�- ;�. - `EI"b•F 7i� _� a�� � '3``'..... � i�rf.-� �� � 3't ��Y-•^'�M 1 �:C �`:: I ::,ys�: L K, 'e. i' � F �':� '°` ��' 4:: r �a#-'"�� ;r eF.s!2,-?:fir. �". ,r�5•�r:..: �'.. 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