TOWN OF BARNSTABLE ACCESSORY AFFORDABLE APARTMENT PROGRAM

 
TOWN OF BARNSTABLE

ACCESSORY AFFORDABLE APARTMENT
           PROGRAM

 Working Together to Create Affordable, Desirable and Safe
               Housing for our Residents

                        Cindy Dabkowski
      Accessory Affordable Apartment Program Coordinator
                Growth Management Department
                    367 Main Street, 3rd Floor
                       Hyannis, MA 02601
                      Phone: (508) 862-4743
                       Fax: (508) 862-4782
             Cindy.Dabkowski@town.barnstable.ma.us
TOWN OF BARNSTABLE
        ACCESSORY AFFORDABLE APARTMENT
                   PROGRAM

CONTENTS:

p. 1     BACKGROUND OF PROGRAM

p. 2     WHO CAN PARTICIPATE?
         Eligibility Standards

p. 3     HOW DOES IT WORK?
         Permitting Process
         Tenant Selection
         Reimbursement for Expenses

ATTACHMENTS:

   A.    Copy of Ordinance and Town Manager’s Criteria for Program

   B.    Program Process and Fee Guide
ACCESSORY AFFORDABLE APARTMENT PROGRAM

                                         Background
The Barnstable Town Council approved Article LXV, Comprehensive Permits for Pre-Existing and
Un-permitted Dwelling Units and for New Dwelling Units Accessory to Single Family Dwellings, on
November 16, 2000. The Program is more commonly known as the Accessory Affordable Apartment
or (Amnesty) Program. Since its inception, the main objective of the program has been to use existing
housing, which may currently violate the town’s zoning laws, to provide safe, clean, legal and
affordable housing for eligible citizens within our community while maintaining positive working
relationships between the town and property owners.

In October of 2002, the Town Council adopted two amendments to expand the program to allow
property owners to 1) Create affordable apartments within existing detached (accessory) structures,
and 2) Create a new affordable apartment within attached structures. These two minor revisions
helped to clarify the purpose and intent of the Program, and allowed the opportunity to create new,
additional units for the town.

The Accessory Affordable Apartment Program is one component of the Town of Barnstable’s overall
Affordable Housing Plan, which encourages the use of existing housing to create affordable units and
the dispersal of these units throughout the seven villages.

According to the Massachusetts Department of Housing and Community Development, as of May 3,
2011, 6.9% of the town’s year-round housing stock qualifies as affordable. Bringing these properties
up to code contributes to the town’s ongoing goal of making 10% of its total housing stock affordable
to low and moderate-income households.

The Accessory Affordable Apartment Program upgrades properties, increases our affordable housing
stock, and provides property owners with rental income. The Accessory Affordable Apartment
Program is a simple formula that makes sense for Barnstable residents. The Program’s ABC’s: A:
Allows apartment/property owners to make rental income; B: Brings town wide properties up to code;
and C: Connects eligible residents to safe affordable housing.

 Thanks to the US Department of Housing and Urban Development (HUD) Community Development
   Block Grant (CDBG) program which provides funding for the Accessory Affordable Apartment
        Program. The program is subject to applicable federal, state and local regulations.
                                               1
ACCESSORY AFFORDABLE APARTMENT PROGRAM

                                     Who Can Participate?
                  In an effort to create the type of affordable housing that best meets the needs of
                  the town and its residents, the town has established the following standards for
                  program eligibility:

Single Family Properties:
   1. Must be owner-occupied, and
   2. contain a pre-existing un-permitted unit, or
   3. create a new unit within a new or existing attached structure (i.e. basement or garage with
      breezeway), or
   4. create a new unit within an existing detached structure (i.e. detached garage)
   5. Property owner(s) and tenant(s) must be a Citizen of the United States or have an Eligible
      Immigration Status.

Multi-Family Properties

   1. The property must be legally permitted as a multi-family dwelling, but contain one or more
      units above the number allowed

All property owners must then agree to the following terms to be eligible:
   1. Bring unit(s) into compliance with both state building and sanitary codes.

   2. Agree to rent the legalized unit only to households whose income is 80% or less of the area
      median income for the Barnstable Metropolitan Statistical Area (MSA), and agree to charge a
      rent that is affordable to that household with a minimum lease term of one year.

              In Income Limits: 1 Person 2 Persons 3 Persons                4 Persons
                                 $44,950 $51,400    $57,800                 $64,200

                      Maximum Rents:         Studio     One Bedroom         Two Bedrooms
                      (Incl. utilities)      $1,123       $1,204             $1,365

   3. Agree to the recording of a deed restriction with the Barnstable County Registry of Deeds,
      stating that so long as the designated affordable unit exists as a legally permitted dwelling, it
      will remain subject to the restrictions on qualifying tenants and rent levels. The deed restriction
      is transferable or revocable upon the sale of the property or if the owner voluntarily chooses to
      cancel the comprehensive permit, in which case the property must be brought into compliance
      with the underlying zoning.
                                                     2

                        ACCESSORY AFFORDABLE APARTMENT PROGRAM
How Does the Program Work?
                                 - Permitting Process -
When a property owner comes forth or is referred to the program, he or she meets with the Program
Coordinator to discuss the terms of the program. Once it is determined that a property is eligible and
the property owner wishes to participate, a Site Visit is
conducted with a Massachusetts Certified Housing Inspector 1. Referral
contracted with the Town. The property owner is not charged 2. First Site Visit
for the initial inspection, which is meant to educate him/her 3. Site Approval Application
as to what is needed on site to bring the unit up to code.      4. Comprehensive Permit
The applicant then applies for a Site Approval Letter from
                                                                     Process
the Town, which is completed with staff assistance. The 5. Decision & Recording of
applicant is required to provide information and              Deed Restriction
documentation to show that the site is appropriate for an 6. Final Inspection
accessory apartment. This information is reviewed by local 7. Certificate of Occupancy
boards (i.e. Building Department on building code violations;
Public Health Department re: Title V conflict, etc.) and the
Town Manager or his designee in order to promote safe and healthy living standards for residents
needing affordable housing.

Upon receipt of a Site Approval letter, the applicant and staff complete a Comprehensive Permit
Application, which is submitted to the Zoning Board of Appeals (ZBA). Notice of the permit
application is advertised in the local paper and is also provided to abutters. A hearing officer of the
ZBA holds a public hearing on the application. The hearing officer also considers recommendations of
local officials, agencies, and other boards and commissions before rendering a decision on the permit
application.

The ZBA then renders a decision, which is certified and recorded at the Barnstable County Registry of
Deeds together with a Deed Restriction, stating that so long as the designated affordable unit exists as
a legally permitted dwelling, it will remain subject to the restrictions on qualifying tenants and rent
levels. All units approved must remain in perpetuity, unless the owner voluntarily chooses to cancel
the comprehensive permit, in which case the property must be brought into compliance with the
underlying zoning.

A final inspection of the unit is conducted to ensure that it is up to code, and the building department
then issues a Certificate of Occupancy. It is now time to choose a tenant.

                                          3
                     ACCESSORY AFFORDABLE APARTMENT PROGRAM
How Does the Program Work?
                       - Tenant Selection and Reimbursement -
Tenant Selection: Property owners select their own tenant from the prospective tenants supplied by the
Administrator of the Ready to Rent List. It is advisable to inform potential tenants up-front about the terms
of the Accessory Affordable Apartment Program to be sure they are willing to verify their income annually.

As with any rental agreement, a matrix of federal, state and local laws apply to prohibit discrimination on
the basis of race, color, national origin, ancestry, gender, sexual orientation, age, marital status, religion,
military / veteran status, blindness, hearing impairment, receipt of public assistance or rental subsidy, and
children, with minor exceptions. Town staff is happy to assist in facilitating the tenant selection process.

Once the tenant is selected, the property owner will submit a copy of the lease (with a minimum one year
term), Federal CDBG Monitoring Form, Tenant Information, verification of the tenant’s income in the form
of four (4) pay stubs and a copy of the previous year’s tax return, and the Declaration of Citizenship or
Eligible Immigration Status form (if applicable) to the Program Coordinator. This information is kept in a
secure file and is not a matter of public record.

Your tenant cannot be related to you by blood or marriage

Thereafter, the relationship is a typical landlord / tenant arrangement, in which all state and federal laws
apply, including those relative to the eviction process.
Reimbursement for Expenses: The Town of Barnstable may award Federal Community Development
Block Grant (CDBG) funds to reimburse property owners for eligible costs associated with renovating or
“rehabbing” an affordable unit for an income eligible person. Federal regulations require you and your
tenant(s) to be a Citizen of the United States or have Eligible Immigration Status, You will need to provide
documentation for both yourself and the tenant(s); the form and instructions will be given to you with your
application. If you or your tenant(s) cannot meet this requirement, you will not be eligible for
reimbursement.

Upon the issuance of a Comprehensive Permit, property owners can apply for a one-time deferred loan
that will be payable in full upon sale, transfer, death, or otherwise loss of the affordable deed
restriction for up to $5,000* for eligible expenses.

   Eligible Activities (24 CFR 570.202):
          a. The Town CANNOT reimburse any expenses that occur before the Accessory
              Affordable Apartment Contract is signed by all parties.
          b. Cost of labor and materials needed to bring a unit up to building code.
          c. Only non-luxury improvements are eligible.
          d. Appliances are only eligible if they are an integral structural fixture, such as a stove or
              refrigerator.
          e. Smoke detectors and dead bolt locks.
          f. Septic improvements are eligible if required for the accessory unit.
          g. Lead paint hazard evaluation and reduction are eligible costs.
          h. The code violations must have been cited in the initial inspection by the Program
              Inspector and included in the contract in order to be eligible.

                                                         4
   Ineligible activities for reimbursement include:
a.   Owner’s personal labor;
           b.   Costs of local permits;
           c.    Room additions and extensions (unless required for building code);
           d.   Purchase of construction equipment;
           e.   Appliances (except stove or refrigerator if the existing one(s) is deteriorated, hazardous,
                and beyond repair);
           f.   Washers, dryers and window air conditioners;
           g.   Purchase, installation, or repair of furnishings;
           h.   Interior paneling;
           i.   Paint or cost of painting;
           j.   Bookcases or Shelving;
           k.   Free standing concrete block walls;
           l.   Demolition that does not improve the existing structure;
           m.   Wrought iron security bars;
           n.   Barbeque pits/outdoor fireplaces;
           o.   Bath houses, swimming pools, saunas, and hot tubs;
           p.   Burglar alarms;
           q.   Dumbwaiters;
           r.   Flower boxes, greenhouses, and greenhouse windows;
           s.   Kennels.
           t.   Can’t use CDBG to supplant another funding source.
           u.   In general – cosmetic repairs or those that don’t stay with the apartment are not
                eligible.
       CDBG funded activities are subject to 24 CFR 570 as revised, the regulations of HUD and
               OMB. If the regulations change, the lists above will change as well.
*More funds may be available for projects requiring septic upgrades or lead paint compliance.

Property owners must agree to follow procurement standards to comply with Federal regulations and Town
policies. The Town’s procurement standards require participants to solicit three verbal quotes from qualified
sources and award the contract to the lowest responsive, responsible bidder. Excess costs due to an expanded
scope of work or as a result of selecting a bidder other than the lowest bidder shall be the responsibility of the
owner.

Reimbursement shall not be granted for any rehab activities done before the date of the signed contract with
the Town, the issuance of a certificate of occupancy, a signed lease agreement with an eligible tenant, proof of
the completed procurement process and receipts for work completed.

                                                   5
Code of the Town of Barnstable
                                       Chapter 9, Article II
                  Affordable Housing; Accessory Apartments and Apartment Units

CHAPTER 9 - ARTICLE II
Accessory Apartments and Apartment Units
[Adopted 11-16-2000; amended 10-3-2002]

§ 9-12. Intent and purpose.
A. The intent of this article is to provide an opportunity to bring into compliance many of the currently un-
permitted accessory apartments and apartment units in the Town of Barnstable, as well as to allow the
construction of new dwelling units’ accessory to existing single-family homes to create additional affordable
housing.
B. This article recognizes that although un-permitted and unlawfully occupied, these dwelling units are filling a
market demand for housing at rental costs typically below that of units which are and have been lawfully
constructed and occupied.
C. It is in the public interest and in concert with its obligations under state law, for the Town of Barnstable to
offer a means by which so-called un-permitted and illegal dwelling units can achieve lawful status, but only in the
manner described below.
D. It is the position of the Town of Barnstable that the most appropriate mechanism for allowing for the
conversion of unlawful dwelling units to lawful units is found in MGL c. 40B, § 20 to 23, the so-called
"Comprehensive Permit" program. This provision of state law encourages the development of low- and moderate-
income rental and owner-occupied housing and provides a means for the Board of Appeals to remove local
barriers to the creation of affordable housing units. These barriers include any local regulation such as zoning and
general ordinances that may be an impediment to affordable housing development.
E. the Local Comprehensive Plan states that the Town should commit appropriate resources to support affordable
housing initiatives. Under this article, the Town commits the following resources to support this affordable
housing initiative:
(1) Waiver of fees for the inspection and monitoring of the properties identified under this article;
(2) Designation of Town staff to assist the property owner in navigating through the process established under this
article;
(3) To the extent allowable by law, the negative effect entailed by the deed restriction involved will be reflected in
the property tax assessment; and
(4) To assist property owners in locating available municipal, state and federal funds for rehabilitating and
upgrading the properties identified under this article.
F. the Local Comprehensive Plan supports, in conjunction with a variety of other strategies, the conversion of
existing structures for use as affordable housing.
G. Through the creation of a local Chapter 40B program, which uses state and federal subsidies, the Town can
create a mechanism to utilize existing structures and to construct new accessory structures for the creation of
affordable housing units that is consistent with the Town’ s identified housing needs.
§ 9-13. Creation of local Chapter 40B program.
As part of the Town’ s efforts to create the type of affordable housing that best meets the needs of the Town and
its residents, the Town Manager and staff designated by the Town Manager shall establish a screening process
and criteria for the preexisting and un-permitted units described herein, as well as for the
  construction of new units accessory to single-family homes, as part of a local Chapter 40B program which
 program will provide the state or federal subsidy necessary to establish standing under Chapter 40B for units
                                        being created and/or permitted.
                                                      A-1
§ 9-14. Amnesty program.
Recognizing that the success of this article depends, in part, on the admission by real property owners that their
property may be in violation of the Zoning Ordinances of the Town, the Town hereby establishes the following
amnesty program:
A. The threshold criteria for units being considered as units potentially eligible for the amnesty program are:
(1) Real property containing a dwelling unit or dwelling units for which there does not exist a validly issued variance,
special permit or building permit, does not qualify as a lawful, nonconforming use or structure, for any or all the units,
and that was in existence on a lot of record within the Town as of January 1, 2000; or
(2) Real property containing a dwelling unit or dwelling units which were in existence as of January 1, 2000, and
which have been cited by the Building Department as being in violation of the Zoning Ordinance; and
(3) The property owner has the burden of demonstrating to the Building Commissioner that the criteria in either
Subsection A (1) and/or (2) have been satisfied.
(4) If any dwelling unit or units identified herein are occupied during the period of time when amnesty is in effect,
said unit must be inspected by the entity designated by the Town Manager and found to be in conformance with the
State Building Code and State Sanitary Code.
B. The procedure for qualifying units that meet the threshold criteria for the amnesty program is as follows:
(1) The unit or units must either be a single unit accessory to an owner occupied single-family dwelling or one or
more units in a multifamily dwelling where there exists a legal multifamily use but one or more units are currently un-
permitted;
(2) The unit(s) must receive a site approval letter under the Town’s local Chapter 40B program;
(3) The property owner must agree that if s/he receives a comprehensive permit, the unit or units for which
amnesty is sought will be rented to a person or family whose income is 80% or less of the area median income
(AMI) of Barnstable Metropolitan Statistical Area (MSA) and shall further agree that rent (including utilities)
shall not exceed the rents established by the Department of Housing and Urban Development (HUD) for a
household whose income is 80% or less of the median income of Barnstable Metropolitan Statistical Area. In the
event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority
shall be deducted from HUD’s rent level.
(4) The property owner must agree, that if s/he receives a comprehensive permit, that s/he will execute a deed
restriction for the unit or units for which amnesty is sought, prepared by the Town of Barnstable, which runs with
the property so as to be binding on and enforceable against any person claiming an interest in the property and
which restricts the use of one or more units as rental units to a person
or family whose income is 80% or less of the median income of Barnstable Metropolitan Statistical Area (MSA).
(5) Upon receiving the site approval letter under Subsection B(2) above, the property owner shall within three
months file an application for a comprehensive permit under the local Chapter 40B program with the Barnstable
Zoning Board of Appeals.
C. The procedure for obtaining amnesty is as follows:
(1) No zoning enforcement shall be undertaken against any property owner who demonstrates that s/he meets the
threshold criteria under Subsection A and further demonstrates that s/he is proceeding in good faith to comply with
the procedures under Subsection B to obtain a comprehensive permit.
(2) Any protection from zoning enforcement under this article shall terminate when:
(a) A written determination is issued under the local Chapter 40B program that the criteria under Subsection B and the
local Chapter 40B program cannot be satisfied; or
(b) it is determined that the property owner is not proceeding diligently with his/her Chapter 40B application; or (c)
the property owner’s Chapter 40B application is denied. A person is deemed "not to be proceeding diligently" if s/he
does not receive a comprehensive permit within 12 months from the date of issuance of the site approval letter under
the local Chapter 40B program.
(3) This amnesty program shall be reviewed by the Town Council no later than October 1, 2003.

                                                       A-2
§ 9-15. New units accessory to single-family owner-occupied dwellings.
For a proposed new unit to be eligible for consideration under the local chapter 40B program, it must be a single
unit, accessory to an owner-occupied single-family dwelling, to be located within or attached to an existing
residential structure or within an existing building located on the same lot as said residential structure and
comply with the following:
A. The unit(s) must receive a site approval letter under the Town’s local Chapter 40B program;
B. The property owner must agree that if s/he receives a comprehensive permit, the accessory dwelling unit will
be rented to a person or family whose income is 80% or less of the area median income (AMI) of Barnstable
Metropolitan Statistical Area (MSA) and shall further agrees that rent (including utilities) shall not exceed the
rents established by the Department of Housing and Urban Development (HUD) for a household whose income
is 80% or less of the median income of Barnstable Metropolitan Statistical Area. In the event that utilities are
separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted
from HUD’s rent level.
C. The property owner must agree, that if s/he receives a comprehensive permit, that s/he will execute a deed
restriction for the unit, prepared by the Town of Barnstable, which runs with the property so as to be binding on
and enforceable against any person claiming an interest in the property and which restricts the use of the one
unit as a rental unit to a person or family whose income is 80% or less of the median income of Barnstable
Metropolitan Statistical Area (MSA).
D. Upon receiving the site approval under Subsection A above, the property owner shall file an application for a
comprehensive permit under the local Chapter 40B program with the Barnstable Zoning Board of Appeals.

§ 9-16. Quarterly reporting.
The Town Manager shall report to the Town Council no less than quarterly as to the use of this article, paying
particular regard to the level of participation.

Approved by a vote of the Town Council on November 16, 2000, by a roll
call vote of Yes-9 Abstain-1 No-0.

*Amended by a vote of the Town Council on October 3, 2002 by a roll
call vote of Yes-10 No-0

                                                      A-3
Town Manager’s Resolution on the Criteria for the Local Chapter 40B Program

BARNSTABLE TOWN COUNCIL
ITEM NO: 2001-024
11/16/2000
Resolve:
The Town Council, in authorizing the creation of a local Chapter 40B program under Section 2 of the general
ordinance entitled “Comprehensive Permits for Pre-Existing and Un-permitted Dwelling Units and for New
Dwelling Units in Existing Structures”, delegated to the town manager the task of creating the criteria for the
local program. In creating the aforesaid local chapter 40B program the town council endeavors to encourage the
creation of safe affordable housing that addresses the needs of the town and its citizens. The town council
acknowledges that the town manager intends to adopt the attached criteria to implement the local program. The
town council recognizes that from time to time this criterion may change and requests that the town manager
provide the town council with prior notice of any proposed changes.

Criteria for Town of Barnstable Local 40B Program

1. Purpose

The intent of this program is to bring into compliance many of the un-permitted accessory apartments and
apartment units in the Town of Barnstable, with the goal of providing incentives for the property owners to
make these units safe and affordable. In addition, it is the goal of this program to use existing single-family
dwellings to create new affordable single units accessory to single-family owner-occupied dwellings.

The Town Manager or his/her designee shall have the authority to issue a site approval letter to the property
owner in order to apply for a Comprehensive Permit under M.G.L. Ch.40B. These guidelines are available
to any person, group, or company upon request to the Planning Department of the Town of Barnstable.

2. Threshold Requirements

A. The Designated Affordable Units must be rented to households at or below 80% of Area Median
Income (AMI). (See Qualifying Income and Rent).

B. The Designated Affordable Units must be in compliance or brought into compliance with the State
Building Code and the State Sanitary Code.

C. The Designated Affordable Units must be rented in a fair and open basis. (See Marketing)

D. Designated Affordable Unit or Units must comply with the requirements of Title V of the State
Environmental Code. An owner may provide proof of pre-existing bedrooms for the purposes of determining
Title V compliance.

E. The property owner must agree to execute a written regulatory agreement with the Town of
Barnstable, in a form approved by the Town Attorney, limiting his/her profits in accordance with the
requirements of M.G.L. c. 40B §§ 20-23. The execution of the approved regulatory agreement by the property
owner shall be a condition of the grant of any comprehensive permit.

                                                        A-4
3. Deed Rider
A perpetual deed rider in a form approved by the Town Attorney will be recorded in the registry of Deeds
stating that so long as the Designated Affordable Units exist as dwelling units; said dwelling units will remain
subject to the restrictions on qualifying tenants and rent levels.

4. Restriction of Sale, Proof of Compliance and Monitoring

A. The Designated Affordable Units will be retained as permanent, year round rental dwelling units with at least
one-year leases. If the dwelling unit is not rented for a period greater than twelve (12) months then the
Comprehensive Permit shall lapse.

B. The Zoning Board of Appeals shall include as a condition of approval of any Comprehensive Permit issued
                                                                                                    st
under this program that the recipient of the Comprehensive Permit shall, on or before January 1 of each year,
forward to the Monitoring Agent, as designated by the Town Manager, proof that the Designated Affordable
Unit or Units are rented, to whom they are 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.

5. Eligible Units

A. Eligible Units in existence prior to January 1, 2000 are those units described in Ordinance 9-14:
Comprehensive Permits for Pre-Existing and Un-permitted Dwelling Units.

B. A single unit accessory to a single-family dwelling located in a residential zoning district is eligible only if
the principal unit is owner-occupied. The owner of the property must certify it is his/her principal residence
annually to the Monitoring Agent.

C. A proposed new single unit accessory to a single family dwelling shall not exceed 50% of the square footage
of the principal residence and shall have no more than two bedrooms.

D. Eligible Units shall meet all state building and state sanitary codes and shall be consistent with the character
of the neighborhood with respect to such issues as landscaping and parking.

6. Qualifying Incomes and Rent Levels

A Designated Affordable Unit or Units will be restricted to households whose income is at or below 80% of
Area Median Income (AMI) as defined by the Department of Housing and Urban Development (HUD). Rents
(including utilities) shall not exceed the rents established by HUD for a household whose income is 80% of
Area Median Income. Where a tenant has leased and resided in an existing eligible unit on or before September
7, 2000 and that tenant household’s income exceeds 80% of Area Median Income (AMI), the comprehensive
permit for that unit should not become effective until the end of the lease term of said current tenant.

7. Eligible Tenant

A. An eligible tenant shall have household income not to exceed 80% of Area
Median Income (AMI) for Barnstable Metropolitan Statistical Area (MSA) as determined by the Department of
Housing and Urban Development (HUD).

B. A household’s income shall include the combined income of all members of the household 18 years and
older.

C. An Eligible Tenant may be an individual of at least 18 years of age or a family.

                                                        A-5
8. Non-Eligibility/Disqualification

No employee, agent, stockholder, officer, director, or servant or family member of the Owner or its
Management Company, or its employees, agents, or servants thereof, related by blood, marriage, or operation of
law may qualify for a Designated Affordable Unit or receive any benefit related in any way to the
administration or compliance with the Comprehensive Permit.

9. Assistance for Rehabilitation of Existing Units

The Town Manager or his designee shall assist the property owner in locating municipal, state or federal funds
available for the purpose of rehabilitating and upgrading existing units. Where the distribution of funds is
determined by the Town, such as under the CBDG program, priority shall to property owners who agree to rent
to tenants whose household income does not to exceed 65% of Area Median Income (AMI) for Barnstable
Metropolitan Statistical Area (MSA) as determined by the Department of Housing and Urban Development
(HUD).

10. Marketing

A. Units accepted under this program shall be rented on an open and fair basis. When a vacancy occurs, the unit
must be listed as available with the Barnstable Housing Authority and Housing Assistance Corporation. The
owner may select any tenant who meets the eligibility requirements of Section 7 above.

B. Priority shall be given to the extent permissible under law to Town of Barnstable residents and those
employed in the Town.

11. Permit Continuation

A Comprehensive Permit issued under this program shall run with the land and shall be binding upon the
executors, administrators, devisees, heirs and successors and assigns of the permitee unless and until the
Comprehensive Permit is either revoked or lapses or otherwise ruled invalid by operation of law.

12. Lapsed and Revoked Comprehensive Permits

A Comprehensive Permit that has lapsed or has been revoked by the Zoning Board of Appeals for failure to
comply with permit conditions shall lose any and all protections afforded by the Amnesty Program.

13. Voluntary Cancellation of Comprehensive Permit

Any owner of a dwelling which has been granted a Comprehensive Permit for a Designated Affordable Unit or
Units under this Program may voluntarily cancel the granted Comprehensive Permit upon expiration of the
lease terms entered into between the owner and tenant occupying said unit. The owner of said dwelling shall
notify the Zoning Board of Appeals of his/her desires to cancel the Comprehensive Permit upon a date certain
thus rendering said Comprehensive Permit void.

                                                  A-6
TOWN OF BARNSTABLE
                                Accessory Affordable Apartment Program
                                                     pursuant to
                            General Ordinance of the Town of Barnstable
                                      Chapter III, Article LXV
                    Comprehensive Permits for Pre-existing & Un-permitted Dwellings

Procedure:
Application assistance for the Accessory Affordable Apartment Program is available through the Growth
Management Department, Third Floor, Town Hall, 367 Main Street, Hyannis, MA. Affordable Accessory
Apartment Coordinator Cindy Dabkowski can be reached at (508) 862-4743 to arrange a site visit and
begin the application process. Please review all applicable rules and regulations prior to applying.

The applicant is required to meet certain criteria and receive a Site Approval Letter from the Town of Barnstable
before proceeding to the Zoning Board of Appeals for a Comprehensive Permit for Pre-existing & Un-permitted
Dwellings. The applicant will be required to provide information and documentation as needed; failure to supply
required information is sufficient reason for a denial of your request.

The applicant shall submit a completed Site Approval application, together with all required materials, to the
Program Coordinator. The filing fee for a Site Approval Application is $100 per unit, payable to the Town of
Barnstable. The application will then be considered by the Town Manager or his designee to determine whether
a Site Approval letter shall be issued.

Upon receipt of a Site Approval letter, the Program Coordinator will file a Comprehensive Permit application
with the Zoning Board of Appeals Office, along with all required materials. The fee for processing a
Comprehensive Permit application is $175, to cover the cost of legal advertising abutter notification as
required by law.

The hearing officer shall hold a public hearing on the completed application within thirty days of its receipt, or
such other time frame mutually agreed upon by the officer and the applicant. The applicant or representative
shall be present at the hearing. The hearing officer shall review the required materials and take into
consideration the recommendations of local officials, agencies, and other boards and commissions before
rendering a decision on the permit application. The hearing shall be held at the date, time and place
established by the hearing officer.

Within forty days after termination of the public hearing, the hearing officer shall render a decision, transfer it to
the Zoning Board of Appeals for concurrence, and file it with the Town Clerk. Any person may appeal to the
court within 20 days of the final decision by the Board as provided in MGL c. 40A, § 17, or the applicant may
appeal to the Housing Appeals Committee as provided in MGL c. 40B, § 22.

After the appeal period has elapsed, and if no appeal has been filed, the Town Clerk shall certify the decision.
The Program Coordinator will record the certified decision at the Barnstable County Registry of Deeds along
with a Regulatory Agreement to assure the long term affordability of the unit.
After the recording of these documents, the applicant must apply for a Building Permit with the Building Division,
  whether the unit is new or preexisting. There are fees associated with these permits. Please contact the
 building department for assistance. A final inspection of the unit will be performed to ensure that it meets all
building and safety codes, and a Certificate of Compliance will be issued. The unit is now ready for occupancy.

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