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HomeMy WebLinkAbout0356 MAIN STREET (HYANNIS) - PLANS '7 s s• _ r i 0. S: 1 i •` --- — - ----- -r - r .: -r. �. ,, , ,,,, ---u r- r. r . r T T / -T, r T , , �, r i. .'- ter.' r• �. _ _ _ _ _ __ ,r•- y- r ! ,f nY4a s:x, . oi"A aver. �-- . ---• - _�;��.-•�:;�,+'� i�'►r:::�:.- !VGi ft-•�'T"_ii-iGi` - � .�+xi l�i�� �f-�ti�.+;��� '` '� 'l�I� �� '�► IA1 Samoa Wr /- P, 7tL LLJ N - CLI of It � FF7 Cal' fi >rrJ7>- r. =��---_..__---.___ .r _ ,T/T /?Tt -T.'? 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Certifp that I have inspected the . . , , RESTAURANT known as ALBERTO'S RESTORANTE located at . . 360 Main Street . . . . • • • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the village f Hyannis County of Barnstable . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • . . . . . Commonwealth of Massachusetts. The means of egress are sufficient for the number of persons: following I, ;I BY STORY BY PLACE OF ASSEMBLY OR STRUCTURE Story , is t , . . , Capacity 198 Place p y . . . . . . . . . of Assembly Story • • . . . . . . . ' • • • • • • • •capacity or structure Capacity Location Story36 Caf e . . . . . . . . . capacity . . . . . . . . . 162 lst Floor . . . . Certificate Number • • • . . . . . . . 21, 1993 . . . . . • • May 21, 1994 Date Certificate Issued Date. . . • . . . . . . . . . . • • ' . ' ' '• Certificate Expires The building official shall be notified within (10) days of any changes in the*above information. Building off ic'al Town of Barnstable Zoning Board of Appeals Special Permit - Reduction in Parking Decision and Notice Appeal No. 1993-02 w Summary: Granted with Conditions > Appeal No. 1993-02 Applicant: Felisberto BarreiroNJ Address: 9 Ocean Street, Hyannis, MA 02601 Property Address: 356-360 Main street, Hyannis, MA Assessor's Map/Parcel: 327/004 Zoning: B - Business District A U) Applicant's Request: Special Permit - Section 4-2.8, Reduction of off-Street Parking Requirements When Applicable. Activity Request: Reduction in the number of required off-street parking to zero and the use of a Town owned parking lot. Construction Activity: Relocation and expansion of Albertos Restaurant and associated building improvements Procedural Provisions: Section 5-3.3 special Permit Provisions. Background; This decision concerns the appeal submitted by Felisberto Barreiro to the Zoning Board of Appeals for a special permit to allow for a reduction in the number of required off-street parking to zero and the use of a Town owned parking lot ('.:he 400 Block North street Parking Lot) . The applicant is planning to relocate and expand Albertos Restaurant from its present location at 9 Ocean Street, Hyannis to 356-360 Main Street, Hyannis. The Main »treet building previously housed "Charlbet's" a general retail office Supply store.. The structures is presently vacant and contains an estimated 7,330 sq.ft. The applicant is proposing to use the building for a 160 seat restaurant in 5,698 sq.ft., a 268 sq.ft. office for the restaurant and 1,364 sq.f:, as general (leasable) retail space. The request: was made in accordance with Section 4-2.8, "Reduction of off- Street Parking Requirements When Applicable", of the Zoning ordinance. Procedural Summary: The application was filed in the office of the Town Clerk and at the Zoning Board of Appeals office on November 25, 1992. A public hearing, duly noticed under M.G.L. Chapter 40-A, was opened January 11, 1993 and continued to January 28, 1993 at which time the hearing was closed and a decision rendered by the Board The petition was heard by Board Members; Betty Nelsson, Ron Jansson, Luke Lally, Gene Burman, and Acting Chairman Gail Nightingale. JUN-07-1994 14: iiHilH�n���C rr<ur DLLu L� -- Town of sarnstable (f7' /ot 9 3 �, S6��m� Aoard of Appeals � ro AR%t S, ;, :1 rl r A �.J, 1; ,E 0 III N P. id'r E,r'c Amendment To i special Permit - Decision and Notice 9'� M,gSS, G{� ;' peal No. 1993-02 FEB P Summary: Clarification of condition #2 Appeal No 1993-02 Applicant: ^ ;" Felisberto Barreiro At the public hearing of February 11, 1993, the Town of Barnstable, Zoning Board of Appeals reconsidered Appeal No. 1993-02 for a clarification of Condition #2. That Condition capped the number of total seats proposed in Albertos Restaurant at 160 and read as follows: 1,2. No additional seating capacity shall be requested from any other board, commission or agency beyond the 150 seats requented by the appli.caiit.{_ A discrepancy arose after the notice and decision was filed with the office of the Town Clerk as to the total number of seats. The plans presented cited the "seating Capacity - 160+/-11, the plans however illustrated 198 seats and the applicant's testimony requested a 198 seat restaurant. The mater was discussed by Board Members; Luke Lally, Gene Burman, Betty Nelsson and Gail Nightingale as Acting Chairman. Ron Jansson, who also heard and ruled on the original appeal and decision was absent at this Board meeting. The Board discussed the matter at some length and the applicant and his representative Attorney Charles Sabatt were present to answer the Hoards questions. Tt appears the discrepancy occurred in the counting of the what was described as the "cafe" seats, which is the 38 seats located in the area identified on the layout plan as being a "Patio" and containing a total. of 535 sq.ft. and shows 9 tables with 4 seats each and a single smaller tablo with 2 seats. conclusions At the public hearing of February 11, 1993, a motion was duly made and seconded that Condition #2 be clarified to reflect the applicants testimony given at the public hearing and to read as follows: 2. The maximum capacity shall be 198 seats, provided that the Building Commissioner approves the 38 cafe seats located in the 535 sq.ft. patio area as identified in the plans presented. The vote was as follows: Aye: Luke Lally, Gene Burman, Betty Nelsson and Acting chairman Gail Nightingale Nay: None Ron Janason, who was not presents did not vote on the amendment. condition #2 of special Permit Appeal mo. 1993-02 has been clarified to read 198 seats and as presented above. 1,17UD 00 P1&h 95-�SP ------,------------------------------------------------------------------------------------.--;----------- J UIY-✓J f-177H 1'i�JO I'Il-I I 11-'IL.rICCJC rr�ur DL L17 1 Jk:JO f 7V 4 f f G 3 S ---r,...,--a,,.s,..T............,;.;-,-�__�...,.,.-•�F...,.--,•.n..z..f,.J-:-x�a:.F1. St97.Rz�r-3'.ni37'� .;..ti,. - - - .P:. - 4 � j0 cxwl-#1G iTU1GN aLfr 14 ul For— P— + �• � —; - - .� - 4_O if�t - �0tl�1MFf ITR - i 1 I - t d" ewe i -a p t cm 77 ^Ts.^,.ems.-'?T'••••.^T'h�'.� i?.Lal�n:,IT7_t.'l.�-../.•?/+'�7.11.� � i{. _ - _'... 'J'-'�'-'-��'�l.-7'=FL�7'� 1 cwer►44 P4reAWN 11 i U r 14 IL- 4-1 Aol"Ia: 1/4' 1'-0' 'j 1 E: • �t i f � Special Permit - Appeal No. 1993-02 Reduction in Parking During the hearing of January 11, 1993, the applicant, Felisberto Barreiro, represented himself before the Board and explained the intent of his proposal which was to request a reduction in the number of required parking spaces, which was established to be 75 at Site Plan Review to zero, due to the location of 401 car public parking lot to the rear of the building. The applicant cited surrounding parking lots and the number of parking spaces which existed in each. He also noted that his present restaurant which is just around the corner has been authorized to use 50 parking spaces in the Town owned ocean street Parking Lot. His proposed new location will require 25 more spares than that which is currently authorized. The previous use of the Main Street building as retail office supplies would have required 37 spaces under the zoning ordinance. The applicant stated that most of his existing business (approximately 80%) is in the evenings hours when the lot is under utilized. He explained his interior seating plan and space uses within the restaurant. A cafe area was for people coming in from the streets to have coffee and would double as a waiting area in summer. An evening limousine service which picks up patrons form surrounding resorts and motels is in use and would continue when the new restaurant is opened. The Board questioned the present day demands for parking and the extent of possible full buildout in the area and its implications to this parking lot. They were also concerned with recent Town of Barnstable policies regarding private parking and steamship Authority parking in the vicinity of downtown Hyannis. The public was asked to speak. Roy Richardson, Chairman of the Economic Development Commission spook in favor of the proposal as did several owners and proprietors of neighboring businesses. The Board continued to matter to January 28, 1993 to seek information on the areas buildout and implication of parking needs and directions. At the meeting of January 28, the Board discussed the issue of full buildout and parking ramification in the area. Attorney Charles Sabatt represented the applicant and discussed the implications related to these lots were for business purposes and not intended for overnight or long term parking and the implications of imposing or retrofitting new development standards on to traditional street areas developed centuries ago. Finding of Fact; Based upon the evidence submitted and testimony given, at the public hearing on Appeal No. 1993-02, the zoning Board of Appeals finds as follows. 1. The applicant has filed an appeal for a special Permit in accordance with Section 4-2.8, "Reduction of off-street Parking Requirements when Applicable" that requested a reduction in the number of parking spaces from 75 to 0. The applicant has use of 50 parking spaces in his present location just around tho. corner from this new site. Given the close Proximity of the public parking lots, the reduction sought amounts to 25 spaces in the west end of Main Street Hyannis. special Permit - Appeal No. 1993-02 Reduction in Parking 2. The applicant has demonstrated that shared use occurs between the three immediate Town Parking lots (ocean, 400 North street and Town Hall Parking Lots) . The three parking lots have a total capacity of 632 cars. 3. The Town of Barnstable policies to eliminate or reduce private lawn parking and harbor side parking is beyond the control of this individual applicant. 4. The peak use of the restaurant is in the evening hours during which time the Town owned lots are not filled to capacity - as cited in the recent 1992 "Downtown Hyannis Public Parking study". 5. The granting of this request would not be detrimental to the surrounding business and co.,aimercial neighborhood nor degrodate the intent of the Zoning ordinance. The vote was as follows: Aye: Luke Lally, Gene Burman, Betty Nelsson and Acting chairman, Gail Nightingale Nay: Ron Jansson Conclusion: Accordingly based upon the findings, a motion was duly made and seconded that, Appeal No. 1993-02 be granted in accordance with section 4-2.8, a reduction in the required of off-street parking as sought with the following conditions: 1. The hours of operation shall be from 11:30 am to 12:30 am. 2. No additional seating capacity shall be requested from any other board, commission or agency beyond the 160 seats requested by the applicant. 3. The applicant shall comply with all Board of Health and site Plan Review requirements, including "All requirements of the Health Department, including the installation of an inground grease trap, must be adhered to. The vote was as follows: Aye: Luke Lally, Gene Burman, Betty Nelsson and Acting chairman, Gail Nightingale Nay: Ron Jansson Order: Appeal No 1993-05 has been granted a Reduction in Parking as Requested with Conditions. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, section 17, and shall be filed within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk.