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HomeMy WebLinkAbout0366 MAIN STREET (HYANNIS) DOWNTOWNs 1 j 1n SIB LIS, p.aI. , P l y , LO.4— Town of BarnstableBuildingr Post;This Card So.That-itfi seUis ble:From the Street--.A " rovedIPlans-Must=be,Retamedon..Job andahis'Ca`rd-Must be°Ke -4 * RA1t2QtTt'ABL& '. p. yip, ;,` y r.rH ' PP ' r n ;;;4 , arse i-bsted U"tl,Final;Ins ectiorHas;Bee' Made ''3 r .. i6 P x n . Sep. n a r c z w x e k.„- .., '- :i 3g.-: , r .we,x ,,.i -„S+` ,, rt.€ :'f'r. „.. .. '' r.,'- ;, .x 3'i. PW„J.. r1NtiereaCertficategofOccaanc ;s'Re u red such Buldm shall#Not:be:Qccu ied"unt Ia.FinalIns ect on has3--been°made M sue= .... p 3 gsi y 3§-. t, p.,<, '.mac., a<;• ." ..,,>.. '¢..<.:p -,. ;_..i.»,<?-,<:.§u., .K,..a.....2. . -:a Permit NO. B-17-265 Applicant Name: LAUREN F STAPLETON Approvals Date Issued: 03/14/2017 Current Use: Structure Permit Type: Building-Alteration INTERIOR Work Only- Expiration Date: 09/14/2017 Foundation: Commercial Map/Lot 327 002 Zoning District: HVB Sheathing: Location: 366 MAIN STREET(HYANNIS), HYANNIS Contractor Name LAUREN F STAPLETON Framing: 1 Owner on Record: GEORGE THOMAS N&ALICE M TRS h, Contractor License CS-059182 2 Address: 17 THACHER SHORE RD E"st Protect Cost: $6,000.00 Chimney: YARMOUTH PORT, MA 02675 Permlt Fee: 160.00 Description: Remove Partioners(none bearing) Extend BarrpownTwno Bistro Insulation: tenant fit out Fee Paipd 160.00 Date " Fina f7 o? j?3/14/2017 Project Re Remove Partioners none bearing) Extend Ba011r'DownTownJQg) Bistro tenant fit out Plumbing/Gas - Rough Plumbing: Building Official Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorzed by this permit is commenced within six months after issuance. All work authorized by this permit shall conform to the approved applicationand theapproved construction documents for which this permit has been granted.Rough Gas: All construction,alterations and changes of use of any building and structures shall•be in compliance with the local zoning bylaws and codes. r Final Gas- This,permit shall be displayed in a location clearly visible from access street or roa&and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. a Electrical The Certificate of Occupancy will not be issued until all applicable signures by th Build ng and Fire fficials are prov ded on this permit. Service: Minimum of Five Call Inspections Required for All Construction Work:- z 1.Foundation or Footing dr " Rough:' 2.Sheathing Inspection e• r• a• 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: t 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.. r. Final: . Persons contracting witii.,unregistered.contractors do not have access to the guaranty fiind (as set;fofth.in MGL,:c.142A).,. DepFire art ment Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT PCB P2 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map ,. 0 Parcel ?Applicatio l D Health Division Date Issued Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board f Historic - OKH Preservation/ Hyannis s t Project Street A 7 ;L rlA41 t) 5 Village ay eftir\t.S Owner j,rJrhZ-S e24 e- Address 1-7 -7h Off`` Gr S ,p2o Telephone S` - (ac?D 9 YG vt!I Ytio}- Permit Request ( w P414?k41-s / /7Uh-e- 64w v, 6yAd,,101 >3 Square feet: 1 st floor: existinal461,proposed 2nd floor: existing proposed Total new '16 Zoning District Flood Plain Groundwater Overlay Project Valuation G ra,Construction Type Lot Size 3 C Grandfathered: Yes No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family Multi-Family (# units) Age of Existing Structure y'7 Historic House: Yes No On Old King's Highway: Yes No Basement Type: Full Crawl Walkout Other Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft) ,2e ,0 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 J'Oil Electric Central Air: )d Yes No Fireplaces: Existing BCD 1 Existing wood/coal stove: Yes &No Detached garage: existing new size_Poc bwexisting TRICsize _ Barn: existing new size_ N OF BAAttachedgarage: existing new size _Shed: existing $WI! e _ Other: Zoning Board of Appeals Authorization Appeal # Recorded Commercial d Yes No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION BUILDER OR HOMEOWNER) Name (Telephone Number Cis Address T EYS W)C License # C5 Z 5 -ayl'RV tUE VA• 0_> ( 3 2 --Home Improvement Contractor# 17 6q Email f_O 9_(O 600 . MM Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE i DATE I FOR OFFICIAL USE ONLY APPLICATION # DATE ISSUED MAP/ PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. r Fie Comrrmompea z pf-3&sad r=etfs Deprrrrma-t cifradus&i dAcdd-entr 600 WasHngfon&reef Bastvn,MA 02HI t4`IP1,t11a3mgovIdia Wor mrs' Compensi Aim InsuranceAffidavit:Bmder-./C antractursJFIectncmurtThmnbers App'bcani Infwmatian Please rant Nam Cgusiq.Rar l LA PI Lnl 1Q PT'T1[IuIuQ- S LAk)g Are you an employer?Check the appropriate bow Type of project(r iI 4. I am a general conhmctar and I G. Iv nsfiracti mp loyees(full andlnr part-fime * Have bred.the 3*—CM&actM 2. I am a sole proprietor arpartues listed onthe attached sheet. 7- 0-Remockung slip and have no employees These sub-confrac#ors have g- Demolition ' andhave wo&!rs'w{uk^ing forn3.e in`azty capa citg. employees 9. addiiioa NO Wo6mrs!comp_itav=a comp-imuranml regained-] 5- We are a corporation and its. 16-Elecrial repairs or adc5hions 3. I am.a hameowner doing all work officers Bova excised their iL Plumbing-re-Pairs or adcritiom mJsel€[No-warkess'caurp- ugh of exempfion per MM Iry Roof repairs iamma=e regmiM, c.152,§IM andwe hwenD emglorm[No wozlcess' I3_'Dflier comp_iasu ance required-] YaPPktmtB3stcbedaTwaRtest0soMmithesectiaabeiowshm,&Zi swo ces'cQmpw,.fi,,.pay ri yucm Haa eaarnersuha submit skis sffidatu iiug tl y dm ttlEw and.du hixe autsidecan ctrstsmast snbmitaneW affidavit indiariian SnrTi fCaut 2ct=-ffmtcheckthis boxmust attarly saaddidnn sheet sbamingtbevameof&a mib-cantzctmrsxad ststewhaft"arnotfhme miff eshave empioYen.Ifthesah-{oat XdFM1MVB emplgees,iheynmstpmv.•ide then nmrkE&comp•palkF aim I=ati elAplaPT tlirr#is pr4n dirrg markers'corrpertsatian hmtrancg jbr uT, emplu}.eex. $etaav is flterpaIicy rani job site fr farmrrfinn, Insam=e compalT Name: /7 C/ Policy-T4,6 or self--ias-Lic_ ExpimtioaDate: Job Site Address:CitylStafs+ a:G{h Attach a copy cdthe-warkers'compensationpcilicy declaration page(showing the policy number and expiration date). Failnre to secure coverage as requiredunder Sesfrott 25A of MGL c-157 can lead to the i nposiiion of criminal penalties of a fide up to$L540-OQ and f'or one-year impiisonmenk as well as civil penalties in the form of a STOP WORK ORDER and a h3e, of up to$251D-00 a day against the violafnr. Be adidsed that a copy of this statement saay,b.e f xwarded to the Office of ImresEgations of the DIA.far insuonce cavemge ved5caticm.. I do hetw&y c: r9 undir thU* 1s ndrijazyk5a met any fiiatifie inf armativrr prm did abot ig(tire mid carrect simm_ -. Date Phoneme q3.2. 5q&4)0 glad use ant. Da imt isrite in th&"eir,ter be crrimp&esd by city artbity a,,ircrat City or Toga:Peraiti,icense g Lssniag An.thority(circle one): L.Board of Ifiml& I Bui1T3ng Department 3.C!ty,To n Clerk 4 Electrical Fuspector S.Ptuibing Inspector 6.Other Canfact Person: Phone 9: AWE Town of Barnstable Regulatory Services NAM Richard V.Scali,Director Building Division. Paul Roma,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder 6 4 , 4e, as Owner of the subject property hereby authorize ( 4.1-11`U4 S h to act on my behalf, in all matters relative to work authorized by this building permit application for. Address of Job) Pool fences and alarms are the responsibility of.the applicant Pools are not to be filled or utilized before fence is installed and all final inspections are performed and accepted. Signature of Owner Signature of Applicant Print Name Print Name Date Y QTORMS:OWNERPERMISSIONPOOLS Shea, Sally From: Shea, Sally Sent:° Wednesday, February 15, 2017 3:49 PM To: stapletonlf@aol.com' Cc: Lauzon,Jeffrey Subject: Permit/Application:TB-17-265 at 366 MAIN STREET(HYANNIS), HYANNIS for Building - Alteration INTERIOR Work Only- Commercial Dear Lauren, Is this a tenant fit out? If a new tenant is occupying this space as the floor plan indicates we must have a tenant fit out permit. This can be included in the description of work. We also need a floor plan that includes the square footages of each room along with the employee count. Thank you. Sally Shea Town of Barnstable Assistant Zoning Admin/Lead Permit Tech. 508-862-4031 t 4-1 5 09y IN A OW OF C ERTX—372 MA3i S E T This lease made this day of JawayF20-1-7 by and between THOMAS N. GEORGE and ALICE M.aEOROE,Trustees of TAC Realty 7.1rnst,of a/o 17 Thacker Shom head,Yamiouth Port,MA 02675,hereinafter called the Lessor,which expression shall include their heirs,administrators-executors,. successors and assigns; and SUNNY BOY INC. of 32 Toboy Way, Hyantds, Massachusetts 02601, hereinafter called Lessee, which expression shall include its heirs, administrators; executors, - successors and assigns. WITNESSETH that in consideration of the rent herein reserved and the WU d covenants herein contained,the Lessor does hereby demise and lease unto the Lessee the store front at 372 Main Street,the reabasementa beneath all of 372 Main Street sad all of 370 Main Street, the northerly portion of 310 Main Street(bebind the 370 Main Street storefront currently occupied by"Seaside Selections")and the entire patio area to the north of 372 Main Street, 370 Main Street and 368 Main Street, in Hyannis, Massaohusetts.. Hereinafter this leasehold area shall be referred to as the "subject premises".or the demised promiser. There is reserved to the Lessor suitable and reasonable space for all pipes, wires and their appurtenant fixtures serving any portion of the remaining badness block of which the subject premises are apart and which are not hereby leased. TO HAVE ArID TO HOLD the demised promises unto the Lessee for the term of tbree(3)years from 12:01 am.rahuary 1,2017 to 11:59 p.m,Deoember 31,2019, this lease is made and accepted upon the following te ms,covenants and conditions. 1. RENT The Lessee covenants and agrees to pay to the Lessor without demand;at such place or places as the Lessor shall fl:om time to time designate,ft rent for said premises In the amounts and at the times as follows: For the first ear of lease N E s- in payable in ar ont Mon a There is no socurity,deposit or last moniNs rent paid with this lease. 2, SEWE COMMON INSURANCE In consideration of certain covenants made by Lessee in paragraph 7 heroin,real estate taxes arc the responsibility of the Lessor.Lessee shall be responsible for one hundred(100%)percent of the water charges as they are separately billed and fifteen(15%)perront of the sewer charges on the building in which the demised premises are a part if not individually billed. Farther,the Lessoo is responsible for fifteen (151/6) percent of the common fire-and-extended coverage innunuce charges on the building in which the demised premises are a part. Charges for sewer anal insurance are due within thirty(30)days after they are billed. Page 1 of 9 01/Z0 3Jtid 3%M9 w01 00UME809 SE:91 916Z/LZ/Zl UAS.E Q1 CQ2PWIICIAL PR FRT 37Z DRAIN S'I'ilir 3. 17`flxiT1E5 Lam agrees to pay all charges for electricity,telephone,and gas,used on the demised premises. Lessor warrants and represents that tho demised premises to be occupied by Lessee are separately'metered for electricity, telephone, and hog and that lessee shall not be billed for, nor be obligated to pay for electricity, telephone, and gas provided to other portions of the building of which the demised premises are a part- 4. R NS AND A1;TEItA'1'ION9 Except as hereinafter provided,the Lessee shall make no structural alterations of nor additions to the demised premises without the Lessor's prior written consent in each instance;and will not per,hang, paint,write,install,erect or permit to be placed,hung,painted,written,installed or erected any sign to theoutsideofthebuildingoranywhersupontheoutsideofthedemisedpremiseswithouttheLessor's prior written consent in each instance. Lessor expressly consents to Lessee's present signage on the demised premises and to alterations made to the demised premises by Lessee and its immediate predecessor as of the date hereof All signs and building permits are the responsibility of the Lessee and should coaform to all cegulatious of the Town of Barnstable or any other governmental entity which has jurisdiction. 5. A SIGNYNC3 QR SUBLE1711 Q Lessee wall not assign this Lease in whole or in part,or sublet aU or any part of the pre:uises, without the written consent of the Lessor fast having been obtained, which consent shalt not be unreasonably withheld. In any event, the Lessee shall not be permitted to sublease for any other use, which would be in violation of any existing leases of the lessor.Consent by the Lessor to any assignment or subletting shall not constitute a waiver of the reguiretnent for shtclh consent to any subsetjtlent assignment or subletting.The prohibition against assignment or subletting shall be construed to include a probibition against any subletting or assignment by operation of law. In making its decision to allow assignment or sublet, Lessor reserves the right to review and approve the proposed assignees'/sublessees' f aftelal statemmz. Lessee sell not udsh in Whble or in Daft to I>t y Mkigttee 9018110e that Wends to use the premises to conduct a business that would be in direct competition with any other lease occupying the building in which the demised premises is apart as of the date hereof. 6. 1,ESSEl3'9 ME OF I? WAED PREMISES Lessee shall use the demised premises tb operate a full service restaurant with indoor and outdoor seating and such restaurant shall include the sale of prepared foods such as breakfast, lunch, dinner, sandwiches, pastries and related foods and beverages, including alcoholic beverages, for consumption both on and off the demised.premises and Lessee may use the premises for any otlhes lawful business use not in direct competition with any other lease occupying the building in which the demised premises is a part,subject to approval by.the lessor, said approval not to be unreasonably withhold.Uses shall not be in violation of any laws or ordinances. Lessor hereby aelmowledges and gonsents to the tlse of the. detWnd premises by Lessea and its immediate predecessor,es of the date hereof Page 2 of 9 0T/C0 39ad 396039 Wol ti08LZ9E809 5E:9T 9TOZ/LZ/ZT LEASE OF CON--%MRCUL, ROM R -3 MAIN S ET 7. MA ANCE OF ffigqam a.The Lessor agrees to keep in good order,condition and repair the foundations and roof of the structure of the demised premises and the building of which it is a part and,in consideration of the Lessor assuming responsibility for real estate taxes as sot forth in paragraph 2,the Lessea agrees to keep in goodorder, condition and repair the exterior walls and the electrical,plumbing,heating, and air conditioning systems of the demised premises. Sn the event of damage to the said foundations,exterior walls or roof or any other pacts of the building of which the demised premises are a part,or damage to the said electrical, plumbing or heat aad air conditioning system,if any, caused by any act of negligence of the Lessee,his employees,agents,visitors,invitees,licensees,such damage shall be repaired at the sole cost and expense of the Lessee. In the event Lessee in order to conduct its business should require utility services (e.g. voltage or more outlets, eta.) greater than those presently provided by the Lessor,all expenses for such additional installations shall be at the sole expense of the Lessee. b.Other than as provided above in section a,the Lessee agrees to keep aad maintain the demised premise in as good order,condition and repair as the same is or shall be as constructed by the Lessor or Lessee and every part tbereot except as hereinbofore provided,reasonable use all wear excepted. c.'fro Lessee,his employees or agents shall not mark,paint drill or ill any way deface any walls, ceilings,pardtions, floors, wood, stone or iron wont,except as provided in Paragraph 4,but Lessee,shall have the right to install trade fixtures when necessary;provided,however,that any damage to the building caused by such installation shall be repaired by the Lessee at the termination of the Lease or at the time of removal of the trade fixtures. Notwithstanding the aforesaid, Lessor acknowledges and consents to alterations and modifications to the demised premises made by Lessee and its ianmediate predecessor as of the date hereof. All repairs required under this section(7 a,b,c)shall be commenced immediately after damage and be diligently pursued to completion. All work and material to be of the standard and gwlity of fhat damaged. d.The Lessor shall not be responsible for any other improvements or repairs of any kind upon the demised premises whether interior or exterior including all broken glass except those recited in paragraph 7(a)above. Broken glass is the Lessee's responsibility. S. KEEP M ERF yiISE,S t".XAM The Lessee agrees to keep the sidewalk in front of the demised premises clear of scow, ice, rubbish and other debris and not to place or allow amy employee, agent, invitee, licensee or delivery person to place or leave any rubbish or other debris in the rear parking area and to hold the Lessor harraess against any loss,cost or damage resulting from a breach of this covenant, where negligence of the Lessee is shown. Lessee shall also be responsible for providing rubbish removal and shall be responsible for all cleaning of stairways, areas,hallways, and lavatories and exterior windows'Quithita the buildiq of which the demised premise is a part. Notwith-ftuding the aforesaid, it is understood that Lessee shall operate outdoor seating in front of the demised premises in accordance with the appropriate governmental approvals and the Le=hereby consents to the same. 9. NOTICES Whenever in.this Lease it shall be required or permitted that notice or demand is given or served by FPS''either to this Lease to the other,such notice or demand shaft be givenor served and shall not be Page 3 of 9 0t/00 39Vd 39ND39 W01 008ME809 9E:91 910Z/LZ/ZC LI ASR QF C0IVIML tCIA>(,PRO F.TtTY 372 MAla S deemed to have been duly given or served unless in writing and forwarded by certified or registered mail addressed as follows:to the Lessor,c%Thomas N. CGeorga and Alioe M. Georg%Trustees, 17 Thacher Shore Road,Yarmouth Port,MA 02675;to the Lessee,c/oTimothy(Jaudette, 372 Main Street,Hyannis, MA 02601,or such other address as the l_499e0 may notify Lessor in Writing from time to thus. 10.LESSEE D SA IbITA IrL1NSUR AIJCI Lessee covenants and agrees that it will, at its sole cost and expense, procure and maintains inforcetbroughoutthetermsofthisLease,or any extension thereof for the mutual benefit of the Lessor and Lessee,the following: a.General pablie liability insurance,so-called,against claims for bodily injury or death occurringupon,in,or about ilke demised premises and on,in or about the adjoining sidewalks adjacent thereto,suchinsurancetoaffordprotectiontothelimitsofmotlessthan$1,000,000.00 in respect to bodily injury ordeathtoanyonepersonandtothelimitsofnotlessthan$2,000,OU0.00 in respect to any one accident or occurrence;and b.property damage against claims for damage or injury to property or members of the public,occurtit]g upon,in, or about the demised premises and on, in or about the adjoining sidewalks adjacentthereto, such insurance to afford Protection to the limits of not less than $2s0,000.00 in respect to the damage to the property of any one owner. C. All of the aforesaid shall be kept in effect under valid and enforceable policies issued by aninsurancecompanyorcomperessatisfactorytotheLessor, and such policy or policies shall name theLessorandtheLesseeasassuredsastheirrespectiveinterestmayAppear. All such policies of shall provide that they are not to be, cancelled v aOnt a rmmm=of twenty(20)days prior Written notice to each assured named therein. Lessee shall, upon the commencement of the terms of this Lease, depositwithLessororiginalsorduplicateoriginalsofthepoliciesprovidedforherein. in the event that LesseeNistotakeout,pay for,maintain or deliver any of the insurance policies provided for in thus Varagrapb,the Lessor may,in its sole discretion, and without waiving or releasing Lessee from his agreements to beperformedunderthisparagraph,takeout,pay for,and maintain any and all of the said insurance policiesandshallhavetherighttodesignateanyadalhsumspaidforsuchinsuranceasadditionalrentunderthis agreement pffyable to the Lessor on demand. d.Each party hereto hereby waives any and every 018im wh1oh arises or may arise in its favor andagahisttheotherpartyheretoduringthetermofthisleaseforanyandallloss04ordamageto,propertyofthepartiesbaeto.Each party hereto agrees kunediatoly to give to each insurance company which hasIssuedtoitpoliciesoffireandextendedcoverageinsurance,written notice of the tem of said mutualwaiver,and to have said insurance policies Properly endorsed,if necessary,to prevent the invalidation of said insurance coverages by reason of said waiver$. 11. LESSEE TO IN BM Y LESS The Lessee agrees that he will indemnify and save die Lessor harmless ftom any and all liability, damage,expense,cause of action, suits,claims, or judgments, arising from injury to persons or propertyonthedemisedpremisesorupontheadjoiningstreetsandsidewalkswhichariseoutoftheact,failure toact(when an act by lessee was required by law),or negligence of the Lessee,his agents or employees. Page 4 of 9 01/90 39W 3E)W39 WOl 008LZ9C809 9C:91 910ZILZIZI F. Afir nF GUMMEACIAL PROPP:RTI!--37Z 1VlL_SIR 12. ATTORNEY'S MEAS In the event of default by the Lessee,the Lessee will pay to the Lessor reasonable attorneys fees paid or incurred by the Lessor for enforcing the Lessee's terms, provisions, covenants, conditions and agreements,or any of them herein contained including reasonable attorneys fees incurred in proceedings to collect reat or to evict the Lessee,provided the Lessor is not then in default and provided further that any proceedings commenced by the Lessor are adjudicated in his favor. 13. DAMAGE TO PREMISE In case the demised premises or any part thereof shall at any time during the term or any extended terns be destroyed or damaged by fire,flood,water damage,wind damage,accident, or other casualty so as to interfere with use or occupancy of the premises for operation of Lessee's business, and if the demised premises and the remainder of the building cannot be,or are not in fact,rebuilt or restored to the condition at the start of the Lease within sixty(60)days after the first occurrence of ffity such fire,flood, water damage, wind damage, accident, or other casualty, then the Lessee,may teruwnats the Lease,by written notice to the Lessor, and upon trailing said written notice to the Lessor this Lease shall immediately terminate. Upon termination of the Lease by vaitten notice as provided herein.the Lessee's obligation to pay any finther rent shall immediately cease and the Lesseo shall immediately vacate and surrender the demised premises to the Lessor. If the Lessee has paid any rent in advance of the date of termination, Lessor shall reimburse Lessee a just and proportionate part of the rent if the demised premises and the remainder of the building can be rebuilt and restored with sixty(60)days Rom the fast occurrenco of any ire, flood,water damage,wind damage, aeoideat, or othet casualty,theta the Lessor. shall,at the Lessor's own expense and with due diligence so rebuild or restore the Oenused premises and the remainder of the building,and a just and proportionate pant of the rents hereby reserved shall be paid by the.Lessee iintil the dsnaisod pra rises acid the remainder of the building,shall have been so rebuilt and restored;provided said casualty is not tho fault of the Lessee. . 14. gM ENJOYAMNI The Lessor covenants and agrees with the Lessee that in consideration of the Lessee paying the rents as aforesaid and pm-forcing and observing the covenants and agreements herein contained on their part to be performed,the Lessee shall peaceably hold and enjoy the said premises hereinbefore described without hindrance or interruption by the Lessor or any other leaseholder of Lessor or any poisons claiming under them. 15.LESSOR'S 1NSPEG`I'.ION QF DEMISED PREMISES, Lessee shall permit the Lessor,their agents,employees and contractors,to enter the premises and all parts thereof diming business hours to inspect or repair the same and to enforce and carry out any provigi6t I tl is A 6MOfit. SUM entratlte gad WVeedon ghat be du tug eegitlflr bugitten 11OUN Ed without interruption of Lessee's business. 16. S RIGHTIQ Blj SIMFM TO ALL MORTQM&M AND ENMhMANCES OF RECM The rights of Lessees under this Lend are hereby mWe subject and subnrdl3sattr td all mortgages and encumbrances of record now or hereafter placed upon said premises by the Lessor. Page 5 of 9 01/90 39dd 3JW39 WQl 009ME909 9E:91 9TOZ/LZ/ZT o16 comw=ML mMFJLTX—V-2 mAm STREET 17. pU q Ai, EIZATIO S T4 B 011ffi PROP ERTY E SSQ It is understood and agreed between the patties that any alterations or additions to the premises,including,but not limited to wall-to-wall carpeting,shall became the property of the Lessor.Lessee shallhavetherighttoiatstsllpersonalproperty,trade fixtures, and equipment on or in said premises and shallhavetherighttoremovesuckpersonalpropertyandtradefixturesattheexpirationorearlierterminationofthisLease,provided,however,that such removal shall not cause injury to the demised premises or thebuildingsofwhichthedemisedpremisesareapart. Lessee shall at its otK a expense prior to vacating repair pay damage to premise caused by such removal. 18. aE_FAULTLBY LES5 EBS a.If the Lessee defatults in fulfilling Buy of the covenffitts of this f,ease outer then tiro covenant forthepwymqt#of rent and such default shall not be made good within seven(7)days after written notice anddemand,or if the default is of such a character as to require more than 7 days to etuo and the Lessee fails to proceed diligently to Dore such dofantlt or if the estate hereby created shall be taken o n or by other process of law or if the Lessee shall be declared bankMA or insolvent accordiutg to law-the LessortraygivetheLesseeten(10)days notice of intention to and the term of this Lease and thereupon at theexpirationofsaidtea(10)days,the terra under this Lease shall expire as fairy and eoinpletely as if thatdaywerethedayhereindefinitelyfixedfortheexpirationofsaidterra,and the Lessee slw2 then quit d surrender the devised premises to the Lessor,but the Lessee shall remain liablo as hereinafter provided, h.If dte Lessee dei`zoplts In the payrrtart of the rent reserved herein or any part thereof and suchdefaultisnotcorrectedwithinfourteen (14) days af4er written notice thereof, the Lessor, may, uponwrittennotice,terminate this Lease and re-enter the demised premises acid dispossess the Lessee and other occupants of the demised ptawises bb jjupGi al proceedings or othm ise and remove their effects and bold the premises as if this Lease had no c.The provisions of paragraphs a and b of this seetiom are cumulative to and not in e tc11 on of,.but are in addition to any other right or remedy which maybe,available to the Lessor bylaw. d.!n the event of arty repossession of the demised premises by the Lessor because Of 94 reined t of the Lessee either under paragraphs a and b of this sectiM or by reason of any other right y art thereof and available to 10 Lessor,the Lessor ay,if it so ejects islet the the discretion of theisesoranyp rn Lessor,9nd the for the remainder of the terns, or for a longer or shorter pto Lessee agrees to pay to the Lessor the rent}herein reserved on the days when the Owed, in accordance withsamebecomesduo,upthe a total of four (4) months of rent (in addition to amy back lent any) assumed to have been er termination right of Lessee set forth in paragraph 32 herein,which rigftt all excised upon repossession of the demised premises by the Lessor,less the net proceeds of the reletting. 19. MNER.OF PaEl l'r DC yp PR MISF _ The Lessee does hereby covenant with the Lessor that it will, during said iemts and for suchfarthertime,as it or any persons claiming under it shall hold the said premises Or air part thereof,pay tttrto the Lessor the said rent at the windowstimtbar the Mannerresaid and will keep all o said,building in sttch repair,Order interior of the said prern< gingular the ses,thebo put Wo, during and ,,ondidon as thv same now are at tlr'e tiOMMM ement of said term orteduLessee is cspo c to coutimmuce thereof, damage by fire, or outer unavoidable casualty eX t maintain for the benefit of the Lessor, insurance for glass breakage. All grass replacement is fire responsibility of the Lessee. I Page 6 of 9 OT/L0 39tld 398039 WOl PBSLZ96809 96:91 910Z/LZ/ZT I;EASE OP'CQ1Vr1VIERCYAI.PROP-- 72 STYtTNET 20, EENi'D—O AIN If the whole or any part of the premises shall be taken under the power of eminent domain,thisLeaseshalltorminate,as to tlu part so takM on the day when tho Lmea is!ems d to yieldtopastore thethe0iandtheLessorshellmakesuchrepairsandalterationsasmaybenecessaryinorder part not taken to useful condition;and the rent shall be reduced Proportionately y of ortion of the premises taken.If the amount of the premises so taken is such Its to imp he useNnos the premises for the purposes for which thean the Lessee0 are s is requned leased, to yield posaa o All sjWl have compensation tion to terminate this Lease as of the date wh TO of the Lessor awarded for subtakiz g of'the fee and the leasehold shall belong to and bQ dw h'on of the award made to the Lessee for the oast ofexceptthattheLessorshallnotbeentitledtomyPr removal of stock end fixhu'es. 21.LESS RIGHTS rorta exercisingNomentioninthisLeaseofauyspecificrightor100edyshallprecludeLessorfanyotherrightorfromhavinganYOtherwvwnedyorfrownmaintaiui4anyactiontowhichitmay otherrwis be entitled either-et law or in egau arena of this agrthefail"rD oeeutcut or to exef*a Lessor to cWstge any opton or rights e Or moro instances uQon a strict performance of any herein contained shall not cd in full force and for as a waiver or jelinglaishmelit of the e arthefutureunlessthe co covenant contrary is in riglat or option,but the same shall remain Writlttg by the Lessor. 22. yIOAIFYCATIo OF LEASE It is Ai then understood and agreed that no modification Or axtonsiou of nt shall bethi3 Lease slialldbe binding unless endorsed hereon by the parties hereto,which ead iu the sauce manner as the original Lease. 23. i-IPC?r 3MR—M—NA oN Lessee Rather co giants that it wilt, at the expiration of the terra hereof remove a Lessoroods and th0 said effects and those of any parson claiming under him and will peaceably yield up r tiud altesntians, snd additoos made to or uphn.the some ti Lessee, or ep ,bWe ,into, condition in all respects as the same shall be at the time Of ocoueancy and reasonable use and weardamagebyfire,flood,water•damages accident, or other casualty excepted thereof excepted. The said' premises shall not Be made thereof clbeoverloaded, damaged or defaced and ao occupation shall be carried on upon the manY of the isesof the Commonwealth ofi shall be or uMassaehusatts or ,of the bylaws noisy or offensive,or contraryorrulesoftheTownof13atnsmble for the tine being bi fbree,or which shall be dttn9etOtt9 to SW person or property. 24. INCREASED INSU CE Lessee furtber COVe113nts and agrees TAiM JU tl+a vr+61,043W chat mt a-3,rima d ine the term ofherain this Leas or any extension thereof, by t MI of the natluv of the business inducted i demised premises by Lessee, becomo obligated to pay anY increase or additional premiumdingofwhich the insurance policies now or from time to a h s th respect to the entheinabovereserved, anyft(I all.demised promises are a part, Lessee shall pay,in addition to such additional Or increased premiums. Page 7 of 9 0T/80 39Vd 39S039 W01 VOUME809 9E:ST 9T0Z/LZ/ZT n y LEASE Op'COMMERCIAL PROpEItT Y—372 MM-SMET 25. TM-ES 99 HEADING NOT RARE'OF AGREEMENT It is mutually understood and agreed that the titles of headings of the paragraphs and subparagraphs of this Lease Oro intended for purposes of idengfication only, and are not to be construed as part of the agreement between the parties. 26. BROKER The Lessee covenants that he has not consulted any broker in connection with the Lease of this property. The Lessee Anther covenants that if as a result of his conduct with regard to any real estate broker that a foe on this Lease shall be payable,tlao Lessee shalt inane said payment of fee and hold the Lessor hatmless. 27.PLACEMENT OF FOR LEASE SICrN If Lessee does not renew his Lease prior to one hundred twenty(120)days from the expiratiou of this Lease,Lessor shall have the night to exhibit a"For Lease"sign in the window of the leased premises during the Iast month of said Lease. Said alga shall be no larger than one square foot and said sign shall be placed iu the lower left hand corner of the from window of the demised premises. Furthermore,Lessor shall be permitted to show the promises to prospective tenants dining reasonable business hours- 2 8. LICLtIVUS ELEW S.APPROVAL Lessee is responsible to severe at its expense all licenses,permits or approvals necessary for the renovations and repairs and for the use of the premise. 29. TRASH,RODENTS.SNOW AND.ICE Lessee is to provide for its own trash removal and shall keep the premise free of rodents and bugs, if necessary, by treatment of the premise on a ropilar basis by a recognized Massachusetts exterminating company and shall provide Lessor of proof of said treatment upon reasonable request of Lessor. All snow and ice removal from the lot area abuttba$ the leased premise not completed by the Town of Barnstable shall be the responsibility of the Lessee at its sole cost. Lessee shall have the right to place a dumpster for trash storage and removal adjacent to the northeast side of 366 Main Street(the cmrent Iocation of a dumpster as of the data hereof). 30. OPTIONS TO EXTEND LEASE TERM Tftere is also included in the lease for no additional consideration seven(7)options by the Lessee to renew the lease for an additional term of one(1)year each upon such terms and conditions the same as hereut except for the rent consideration wbicf shall increase each year by 3.25%oycr to provious year provided the tiational CPC does not exceed 6.5%at which time tits rent increase will be Am Each option, automatically shall be exercised unless Lessee notifies Lessor its writing of its intent to terminate this lease in accordance with patWgraph 32 herein. 31. TOXIC OR HAZARDOUS WASTE Tho Lessee shall not use or causo to be used on the premise except in ordinary quat tities for the operation of its business materials which are of a toxic or hazardous waste nature and -which would Page 8 of 9 OT/60 39Vd 3DW39 WU OOBLZSE805 BE:ST 9T0Z/LZ/ZT CEASE OF COMMERC'lAL PRO}yER 3772,NiAM STREET violate the standards of any level of governmentalregulatitom. The Lessee agrees to reimburse the lessor theforanyexpensesordamagesinoavedorsliffexedbeomiseofthofkrluretokeepandperform covenants and conditions hereto contalued. 32. LESSEE RIG1rl'f TO TER>vRNATE Lessee shall have the right to terminate this lease at any time upon four(4)mon6s written notice. to Lessor. 33. reBR RI OF F11ZST REFUSAL In the event that Lessor intends to sell or otherwise of fu's rbod pretnises to matefa buil fide offerss tha t Lesso e art to a third auty Lessee shall aeingwhichititotherwiseintendstoacceptandLessorshall afford Lessee a reasonable amount ofde time,not to exceed 5 bugloss days,to exercise said right. tenor have sat1NWITNESSWHEREOF,the parties hereunto and to another instrument of like.tenor, their hands and seals on the day and year first above written- SEE LESSOR ; Timotlxy Gaudette Thomas N. eo rustea TAC Realty st President/Treasurer Sunny Boy, Inc. LESSOR ice M,George,Trustee TAC Realty Trrtst Personal Guarantee L'Timothy Gaudetto,individually personally guarantee all obligations of the lessee of this lease as if I personally were the lessee. uxrothyY(3audette Witness Stanley P. N ak, Esq. I Page 9 of 0i/01 39Vd 39W39 Mi b08LZ9£809 5£:91 9ti0Z/4Z/ZT I car Office of Consumer Affairs&Business Reguladon g , HOME IMPROVEMENT CONTRACTOR gi Registration: 17,6939 Type: Expiration jQf15Q;17 Individual @ LAUREN'F.STAPLETC3GT I LAUREN STAPLETOA! 414 PHINNEYS LN CENTERVILLE,NIA Q2632" Undersecretary Massachusetts Department of Public Safety 4 Board of Building Regulations and Standards License: CS-059182 a Y.y Construction Supervisor b:. LAUREN F STAPLETON ry 414 PHINNEYS LANE CENTERVILLE MA 02632, i Expiration: 06/03/2018Commissioner I License or registration valid for indmdul:use only before.the ezpiratwn date. Iffoend,return tW. pffrce of Consumer Affairs and Business Regulation 10 Pariz Plaza-Suite 5170 Boston;.MA'.02.116 Not,vandwitho 't-signatn Construction Supervisor Restricted to:Unrestricted-Buildings of any use group which containlessthan35,000 cubic feet(991 cubic meters)of enclosed space. f t Failure to possess a current edition of the Massachusetts State Building Code is cause for revocation of this license. DPS Licensing information visit:WWW.MASS.GOV/DPS i Hi Tom, It was very nice to meet you and I can't thank you enough for your extremely generous lease. Here are the proposed changes I would like to make at 372 Main St. The dotted lines represent partitions in the bar area and dining area. I would like to extend the bar to add six more stools, in doing so I will move the partition approximately 10'. 1 would also like to remove the partitions in the dining area for a more open feeling and to add a couple tables. With your approval, I will move forward and get approval from town departments including a building permit. 32 too" Z11 OW-L Mr. Thomas N. Geo ie 17 Thacher Shore Rd. yarn,oath Port, MA 102E;., Pa-Nc`5 r TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel O sijCiAP.l $TABLE Application # " Health Division 3 sj I PDateIssued Conservation Division Application Fee Planning Dept. A ^Permit Fee 4 Date Definitive Plan Approved by Planning Board II Historic - OKH Preservation / Hyannis Project-Street-Address e a7a 0illa9e Owner G e_ dress Telephone Permit Request 'An rim no 0 ( 10W, 11400jnK rah„ cc. Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: Yes No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family Multi-Family (# units) Age of Existing Structure Historic House: Yes No On Old King's Highway: Yes No Basement Type: Full Crawl Walkout Other Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms:existing —new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: Gas Oil Electric Other Central Air: Yes No Fireplaces: Existing New Existing wood/coal stove: Yes No Detached garage: existing new size_Pool: existing new size _ Barn: existing new size_ Attached garage: existing new size _Shed: existing new size _ Other: Zoning Board of Appeals Authorization Appeal # Recorded Commercial Yes No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION BUILDER OR HOMEOWNER) Telephone-Number :5?) Home Improvement Contractor# Email .$ c ile rWorkers-Tompensation_#; ,2C/ ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATUR FOR OFFICIAL USE ONLY APPLICATION # DATE ISSUED MAP/ PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION r FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. the Coax momveaith ofMaswdjusdit Department QfIndastrid Accidents Office ofbpwfigafions 600 Washington,Street Boston,.CIA a2111 ivmv inasLgoWdia Workers' Compensation Insurance Affidavit:Bmlders ContractorsMectdc Lmsf hunters Applicant InfOrination Ple2se Print beet No=(Smsmessf0<garuzatimadiyi cJc.b/ Add>ess.20 6' c ore you an employer?Check the appro Type of project(required). L I am a employer u itb a general contractor and I 6. New construction employees(full andfor part-time,).* have bired the sub-conhact= 2. I am a sole propriety orpartuer- Tisted on the attached sheet 7. Remodeling ship and have no employees. 1, These sob-con raclors have 9- Demolition woddug Rw=in exupjqydes mad have wadimrs' 1No i=,.ur3 re . enrarttp 1 9- Building addition. required 5. We are a corporataan.and its 10.Electrical repairs of aoas 3. I am a homeowner doing all work officers have exe=ed thew 1 L Q Plumbing repairs or additions. insia workers' _ right of exemption per MGLceregsied-]l c.152,§IM and we have ao Roof regains emplayem(No 13-Other camp.insurance required.) Amy appficsnt that cherJm box ft1 am also fill aaltbe sw ion belDwshvvmg then woxices'enmpMM3doapoScy izdb txdCC- EkMMww&es who submU this af5dgVt Inft submit a new affidasst mdiczda sack ffw e>>ecY tba boat mast cm8djted as add--si sheet s wvdng the name of the sod state whether or aotfhase ewkks hose employees.Iftbemb-c tslm--plo}gLeg—srF-adetl>w warheWc=V.porxcymanbw- I am an emplayer tluitisprmzding workers'couUmnsWen insuraRce for my earp1o3 e= Belaw is fhepoficy and jab irta itrforazatfan. Insurance.Company Name: Az Policy,A,or Self-in&Iic.:9 _,2&y C $-.2 4"71:jr- ExpirstioaDate: Job Site Address ro&-'/fl6i'"i•r S-/ lkaof9 r`l City1StxWTAp: Attach a copy of the workers'courpensatio policy declaration page(showing the poflry number and expiration date). Fails to secure coverage as required under Section 25A of MGL c.152 can lead tD the impositioa of criminal penalties of a fine up to S 1,500 00 and for oao-year impdsoameut,as well as city penalties in the fora of a STOP WORK ORDER and a fine of up to$250.D0 a day against the violator. Be advised that a copy of this statement may be fixvwded to the Office of Investigations ofihe DIA for insurance coverage verification. I do hereby cerfifj-under liie Pear ofperjerp&&the information prm fiW aboi a is bus and correct r Sie nature. Date- phone Offidd use only. Do not write in fhis area,to be conspEded by city or town ir,f ciaL City or Tawu: PermibUcense 9 Issuing Authority( rck-one): 1.Board of Health r.Building Department 3.Cityfrawn Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Persia: Phone#s Tafarmation and. last meti-0nst Maccar__huseft Ge=ral Laws ch 152 regm=all employers to provide WarkMS'compensation fur their employees. ParsrI.RI&to this statute,an=Tkg ee is defined as.7.every person in the service of another under any contract ofhire, express or implied,oral or wrift=.." Air mV&q m-is defined as aan mdi4i pa ta=b P,association,crnporation or other legal entity,or any two or more of the foregoing engaged is a Joint enterprise,and inchzdmg the;legal itpa eseoia&M of a deceased employer,or the receiver or t mstee of an individual,partnership,associate or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and Who resides therm ny or the occupant of the- dwelling house of anoher Who employs pessans to do maintmance,crr isiru-lion or repair WWII.an such dwelling house or on the grounds or bm- mg appnrte lh=to 030 notbecanse of snch employm d be deemed to be an employer." MGL chapter 152,§25C(also states that revery state or local licensing agency shag withhold fhe issuance or renewal of a license or permit to operate a bushess or to contract bufldings in the commonwealth for any applicant Who has nit produced acceptable evidence of com anp& ce Wjtlt the hmrxan ce.cov-emge required." Addidona.Ily,MM chapter 152, §25C 7)states"Neither the coarunciawcalfh.nor a'ny ofitsPolitical subdivisions shall enter into any contract for the performance ofpubho woik until apceptable evidence of compliance With the insm ance._ requirements of this dupes have'been presented to the coAxaciing authozity." AppHcaxis Please fill o-ot the Wodcers'compensation affidavit compli--*,by checking the boxes that apply to your situation and,if necessary,supply Mb-cozxt tor(s)name(s). address(es)and Phone numbers)along With their cet(ifrrate(s)of insozance. Limited Liability Companies(LLC)or L nitedLiabilityParft=hrps(LLP)with no employees other than the members or partners,are not required to carry Warke&compensation'i os rance If an LLC or LLP does have employees,apolicy is required. Be advised that this affidayhmaybe snllaitttd to the Department of Industrial Accidents mr confrmafim ofinsurance coverage. Also bemire to sign and"datethe affidavit The affidavit should be retuned to the city or town that the application for the permit or license is being requested,not the Department of Should u have ions the IaW or if you are req ed to obtain a-workers'Acr;dPa,t_ any regardingIrsalSs compensation policy,please caII the Department at the rummbea listed below. Self-insured companies should enter their self-hisa ance license number an the appropriate line. City or Town Officials Please be sure that the affidavit is complete and pried legIly. 'Ilse Departmenthas provided a space at the bottom of the affidavit for you to Ea out in the every the Office ofInvesfigations has to,contact you regarding the applicant Please be srrre to fill in tine penLit/license number Which will be used as a reference number. In addition,an applicant tliat mnst sabmit multiple pennWHcense applitafions in any gj7M year,need only sobmit one affidavit indicating cat policy fi famm ation.(nf necessary)and under"Job Site Adds"tie applicant should Write"all locations in city or town)"A copy of the-affidavit that has be=officially stamped or mailced by the city or tuwa may be provided to the applicant as proof that a valid affidavit is on file for furore permits or licenses A new affidavit must be filled out each year.Where a home owner or citizen is obfammg a license or permitnotre7ated.to any businms or commercial veotme Le. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit The Office ofinvestigations would hke to thank you in advance for your cooperafiao.and should you have any questions, please do not hesiste to give us a call The Depaitme fs address,telephone and fax number_ , Thy 1i>,of Maswchusetts Depa:d ment cif lad stcial Acx ants 4 a Izing#an R 02111 Ta 4 617't -4900 Cxt 406 car 1-9W-MA, Fax 617`27 7M lZEvised 4-24-07 W W M gQvidia oFT r Town Of Barnstable Regulatory Services Richard V. Scali; Director Qpp 1.639. P n„, Building.Division . . Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma'.us Office: 508-862-4038 Fax: 508-79076230 I NOTICE TO THE BUILDING DIVISION OF LICENSED CONSTRUCTION SUPERVISOR ASSUMPTION OF RESPONSIBILITY y I,Construction Supervisor License 1W o:9 hereby certify that I have assumed responsibility for the project under construction, as authorized by building permit# ( , issued to property address) is on I kA 201 (Gt The following dgcuments are attached: copy of my Massachusetts State Construction Supervisor's license or Homeowner's License Exemption form(if applicable) copy of my Home Improvement Contractor registration(if applicable) Commonwealth of Massachusetts Workers' Compensation Insurance Affidavit. Road Bond(if applicable) LICENSE HO DATE i q/farms/newconh-b rev:040414 Town of Barnstable 4 Regulatory Services MASS. $ Richard V.Scali,Director p 16.59.Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder ltu`te,as Owner of the subject property hereby authorize e. rc-o o K P3' to act on my behalf, in all matters relative to work authorized by dais building permit application for. r Address of Job) Pool fences and alarms are the responsibility of the applicant. Pools are not to be filled or utilized before fence is installed and all final inspections are performed and accepted. f afore of` S of APP 1`` o•tc fi Print Name Print Name Date QTORMS:O WNERPERMSSIONPOOLS Town of Barnstable Regulatory Services Q° Ftrre raiy, Richard V.ScaIi,Director Building Division t.RdF1NGT'ARTR. « Tom Perry,Building CommissionerMSS. 200 Main Street, Hyannis,MA 02601 www towa.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATIOR, number street village HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: citytown state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION°'OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or'intends_to mside,'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 Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be,required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shaU act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires anIicensed 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 My 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:\WPFII ES\FORMS\budding permit forms\MeRESS.doc Revised 061313 Town of Barnstable Regulatory Services BAMffMM v MASS. Richard V. Scali, Director 039.io.Building.Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 NOTICE TO THE BUILDING DIVISION OF CHANGE OF CONSTRUCTION SUPERVISOR I, I 6 yxors ( 1 C:o C C=. (W owner of property located at hereby certify that n l xm1 1k I is no.longer Construction Supervisor listed on the application for the project under construction as authorized by building permit# D 0 ,issued on 3-1 q 20JJ0 I understand that the project under construction must cease until a successor licensed Construction Supervisor, is submitted on the records of the Building Division. P 0iPE Y DATE q/forms/newcontrowner reference R-5 780 CUR rev:040414 I Massachusetts -Department of Public Safety Board of Building Regulations and Standards n.. 11 llltl 111 L11111 Jll 1C1YI\III S License: CS-103622 Robert S Jones 206 Cedric Road . I Centerville MA 01632 r Expiration commissioner 03/19/2017 Unrestricted-Buildings of any use group which contain less than 35,000 cubic feet(991M )of enclosed space. Failure to possess a current edition of the Massachusetts State Building Code is cause for revocation of this license. For DPS licensing information visit: www.Mass.Gov/DPS