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Home My WebLink AboutAP-2022-017 Memo and Exhibits fm Att Kenney f MEMORANDUM I TO: Zoning Board of Appeals b FROM: John W. Kenney, Esq. PETITION NO.: 2022-017 HEARING DATE: April 27, 2022 APPLICANTS: Cape Pups Playcare, LLC PROPERTY: 1336 Phinney's Lane, Units 1-5, 1-6, 1-7 Hyannis MA 02632 ASSESSOR'S MAP: Map 274, Parcel 018 LOT SIZE: 188,614.80 Sq. Ft. ± ZONING DISTRICT: SPLIT RG; RF-1; GP OVERLAY; MS RELIEF REQUESTED: 1. The Applicants are seeking a special permit pursuant to Section § 403-3(B) of the Town Code so that they may create and operate a boarding facility (i.e. kennel) at the zoned property. BACKGROUND The subject property is located at 1336 Phinney`s Lane, Hyannis MA 02632 and is shown as Parcel 18 on Town of Barnstable Assessor's Map 274. See Attached Exhibit A. The property is within the Groundwater Protection Overlay District, and Medical Services District and is served by municipal water and sewer. While the property is split RG and RF-1 zoning districts, the property and its three buildings are subject to a special permit which allows "miscellaneous business use." See Attached Exhibit B. As of the date of this memorandum, businesses such as Cape Cod Beer, Selfridge Family Chiropractic, Concord Electric Supply,and a pet supply store operated by"Pawsitive Provisions"operate on the property. Upon information and belief this property has been utilized for business and commercial use largely since this Board issued it a special permit in October 1985. The Applicants, Cape Pups Playcare, LLC (hereinafter "Applicants") would lease the presently unused±2,954 square feet of building space adjoining to the premises of the pet supply store from the owner of record,James B. Goodwin as Trustee of Hotwater III Realty Trust.Mr. Goodwin expressed his consent for Applicants to move forward with this request for special permit in a letter dated March 29, 2022 filed along with the application. Applicants seek to create and operate a canine day care business and boarding facility (i.e. kennel) in the space. See Attached Exhibit C. Applicants have gone through site plan review and were advised of the need for special permit because of their stated goal and intention to operate a kennel. Section § 403-3 of the Town Code requires a special permit be issued by the ZBA prior to opening any kennel operation. DESCRIPTION OF PROPOSED PROJECT Applicants propose to create and operate a canine day care business and boarding facility out of presently unoccupied space adjoining to a pet supply store "Pawsitive Provisions". The pet supply store is one of several businesses operating out of three buildings located at 1336 Phimley's Lane, Hyannis MA 02632. While the property is split zoned RG and RF-1, a special permit for nonconforming use was issued from this Board in October of 1985, which allowed for the construction of the buildings for miscellaneous business use. See Attached Exhibit B. Applicants would operate the business seven days a week from 6:00am at the earliest to 8:00pm at the latest. The business would employ five(5)people and service up to fifty(50) dogs at a time. Services would include monitored playtime, feeding, bathing but not grooming, and boarding (overnight). Business operations would occur inside and outside of the premises in a fenced backyard. The physical space available to the dogs would consist of± 2,300 square feet inside the premises and ± 2,112 square feet outside the premises in a 24' x 88' fenced in backyard. Of the available physical space, those premises would be divided into `big dog areas' and 4small dog areas', and as one might expect,the smaller dogs and larger dogs would be kept in separate areas in the premises during all business operations. For dogs that are being boarded overnight, each dog would be entitled to its own separate pen or enclosure. While the premises would not offer sleeping quarters for an employee of the business, the Applicant would ensure that the premises be equipped with a sufficient number of security cameras so that the owners of the premises could monitor the interior of the premises. ZONING BACKGROUND The property is split in the RG; RF-1 Zoning Districts and the Groundwater Protection Overlay District and Medical Services District. However, the property has been subject to a special permit which has allowed for the construction of the existing buildings and their operation as miscellaneous business use since 1985. The operation of a canine day care business is allowed pursuant to the terms of the special permit. Since the business will service more four(4) dogs, a special permit for the kennel use is required. Chapter § 403-3(B) of the Town Code requires any applicant seeking a kennel license to first apply to site plan review. The Applicants filed for Site Plan Review and the proposed use was approved at an Informal Site Plan Review meeting on October 5, 2021. The Applicants received a Site Plan Review Approval Letter dated October 8, 2021 approving the canine day care and boarding business for up to 50 dogs. On November 5, 2021, the Applicants signed a lease for the subject premises. On January 21, 2022, the Applicants obtained a Building Permit and immediately commenced renovations to convert the leased premises to suit their business use. On or about February, 2022, the Applicants contacted the Town of Barnstable Animal Control Officer to inquire about a kennel license. The Applicants were not sure if they needed one because the building has an existing special permit allowing miscellaneous business uses. Shortly thereafter, Animal Control Officer Lewis stopped by the site and informed the Applicant a kennel license would be required. He gave them a copy of Section 403-3 of the Town Code. On March 10, 2022, the Applicants received a letter from the Site Plan Review committee revoking the Site Plan Approval Letter dated October 8, 2021 and informing them that it was being replaced by a new approval letter dated March 11, 2022. The new letter informed the Applicants of the need to go before the Zoning Board of Appeals to request a special permit for the kennel license. See Attached Exhibit D. Once site plan review is complete, Town Code requires that the applicant proceed to the Zoning Board of Appeals to see if the property meets the requirements of§ 240-27 (Service and Distribution District); and if so, under Subsection C, Conditional uses, Subsection C(2), (kennels subject to § 240-125C),the Zoning Board of Appeals would grant a special permit. SPECIAL, PERMIT REQUIREMENTS AND ARGUMENT Section 403-313. of the Town Code provides that "In order to obtain a kennel license: (1) The Applicant must apply to site plan review, and then to Zoning Board of Appeals to see if the property meets the requirements of§240-27 (Service and Distribution District); and if so, under Subsection C, Conditional uses, Subsection C(2), kennels subject to §240-125 C,the ZBA would grant a special permit. (2) Once a special permit is obtained, then the Town Manager, or his designee, shall hold a public hearing and may impose conditions on restrictions as he or she may deem necessary for the public good; since kemlels are considered a commercial use, and not allowed under §240-46, Home occupation. . . ." The only provisions in Section 240-27 S & D Service and Distribution District addressing kennels are found in Sec: 240-27 C Conditional uses, Subsection (2).This section merely provides that the ZBA "may impose reasonable conditions, including without limitation, measures for security and reduction or a containment of noise so as to render such uses as inoffensive and practicable." Section 240-125C requires this Board to find that the application for a Special Permit falls within a category of the Zoning Ordinance which specifically authorizes the Zoning Board to grant a Special Permit. Further, the Board must find that the proposed project, based upon the evidence presented, does not derogate from the spirit and intent of the Zoning Ordinance and that it is not substantially more detrimental to the public good or neighborhood affected. Section 240-27 C authorizes the ZBA to grant a special permit for a kennel license. The Applicants proposed project consists of a canine day care and boarding business to operate within a property subject to a special permit for"miscellaneous business use."The project would employ five individuals and service up to fifty (50) dogs in a±2,300 square foot premises and 1 2,112 square foot fenced in yard. Modest changes have been made, and will continue to be made to the existing space including soundproofing measures, fencing, and other construction of the pens or enclosures to meet the needs of the business. See Attached Exhibit E. Since the property already provides the number of required parking spaces and allows for easy access to the property, there will be no undue nuisance, hazard, or congestion. No substantial construction will change the footprint of the property. The project will not cause substantial harm to the established or future character of the neighborhood or town but will,instead, enhance it. The addition of the canine day care and boarding facility will make positive use out of unoccupied units within a property specially permitted for "miscellaneous business use." The immediate neighborhood consists of commercial uses and the Town of Barnstable Dog Park is across the street from the proposed kennel site. CONCLUSION Based on the foregoing, I submit to this Board that the Applicants meet the requirements for a Special Permit pursuant to Section 403-3 and Section 240-125 C of the Zoning By- Law. We ask that you vote in favor of the relief requested. Respectfully submitted, John W. Kenney Attorney for Jaime Henriques and Ashley LeBocuf Cape Pups Playcare, LLC 1550 Falmouth Road, Suite 12 Centerville, MA 02632 508-771-9300 ... ........_..... LEGEND \ rwlm \CRfC C00 tttt11 IITUITY POUF OVERHEAD W RES SE`M WANHOLE ®_ XYDPANT 2 FnSiINC `M MADE 145 Q' ¢ APPRDNMATE tACARON OF fONCC MADE — n— V 1 PAVED OWVEWaY n�\I UNE CONtlRNTi: BOUND ,per G COMMONN,AE, EIECiRIL I` $ VVV \�� O I 2T0' MADE EaS NT p,\ m g I i LOCUS MAP ��I PARCEL 2 141' a S S 1.683 ACRES ` g��`+.E'L �_ — LIMIT_ TDVOWM1PwC-„1 '�uM-ua W2 N \ Qom } 1 HOTWATER REALTY TRUST s V MADE TOUBHONE EASEMENT qW sTaRv M90DEN BDllnwc (a,us sF.)5� 1 Nana.r 1Tacrna aMn ILtvnA aevrAwao � I ! i 1�rsu131enn1ev r "'-- � I Lao n ml � _ DD�wc *; m w • a � pu:P. ., 3 /� \ \: .__ 1 STORY METAL 4 ` P p _ � Iq 9� X �,yCc Y ,JxNG q 01197 F.) FARM 1 1.633 ACRES k. 0,jT N/FRX or I j' HOTWATER REALTY TRUST r..ogl•mP^,orm o,y... a n,r:.a.a ire r:,,..p. q` y(y OG '$ I (0)qb yiw mmeM.rM pgw1Y^,Ilelmn h YhaT.Ine PARKING NOTES mo 1. TOTAL RETAIL SQUARE FOOTAGE 6,445 S.F. GTE a II I TOTAL INDUSTRIAL/DISTRIBUTION/ETC. SQUARE FOOTAGE - 17,900 S.F. DATE I DESCRIPTION IOrawr�Checked 2 REQUIRED PARKING m R44*. iF + 17am CF - 56 SPACES .95. 0\ I I I 1 SPACE/2Do S.F- 1 SPACE/700 S.F. �� ` �W REVISION S 3. PROVIDED PARKING - 60 SPACES J ^^ PARKING PLAN 4. TOTAL AREA - 3.51 Oa CS SITE PLAN 7 n. — — — — — — — _ _. _ _ _ PREPARED FOR 20w X9 GS7rgT HARBORSIDE REALTY TRUST NOTES DHce d IN 1. BUILDING NUMBER 1336 PHINNEYS LANE NOT FOUND Z. ASSESSOR'S NUMBER: 274-018 & 274-023 HYANNIS BARNSTABLE MA 3. ZONING DISTRICT: RG GRAPffiC SCALE A*'T�L. wn SCALE: 1- - bp' I DATE:JULY 15, 2005 4. FLOOD HAZARD ZONES 0 5. BENCHMARK: HYDRANT TAG BOLT - 0".-76.63 40 20 0 40 120 t10RnC5 and mcOFathr inc. 1 'ivau 6. TOPOGRAPHIC INFORMATION BASED ON AN ••• •• ' clvtl anglneom and landsul yars la o Y_ 362 glrroro street f508; sae-35641PNOf ON THE GROUND INSTRUMENT SURVEY 1 m �) ATTUCKS (PUBLIC - WIDTH VARIES) LANE Yaimouth. me. 02540 508 548-9672(FAaT 7. ELEVATIONS SHOMM ARE BASED ON AN ASSIGNED DATUM. BOOK 564 B. REFERENCE: PLAN . PAGE 26 DRAWN: PJR. JRK I CHECKED:Kkt l ;u+cErsoN„os P;r,zasmavr__f..D+.: JOB NO: 205164 1 DWG. NO.:86-1-27 SHEET 2 OF 2 1336 p^inrey's ?ar.epai- Q ,._i .mac.31.5 X < A TS Location Tools so ,r, \�\ "\ _ Parcel: 274018 \\ J Address 1336 PHSNNEY'S LAND 01310 }I Village: SA 1:?; ^\ --___` 00 1 ! ,` 01372 Full Pmoortv info r I ffit550 A35 a 21250 Generate Abutter List prop"_— Photo gam. ~ \® `- A1337 R ' .eq $$1d36' r ^ 0.620 -: dw Ow &Moiling;Addraas w \ , _ GOODWIN,JAW@ES E �1 TPI HONWAT'En 0 REALTYso TRUST Mal Address PO BOX 977 r - .. Easemap Pa2d_ v�Tt"y I r Exhibit B • n yd . , p-e�w { �tn7yWN TOWN OF d. LH��KS ri, 4`.� !1A ..,y Zoning Board of Appeals 'Rs Sal' 30 AH 8 57 '~` t' .11I-ten E. Anderson Deed duly r(,eorded in the .... .w. ... :... 4 Property Owner County Registry of Deeds in look ...,.._,.<,...,,.. ,_., .. l . Sert'Fe Votit io'ner District of the land Court Certificate No. C-1) __, . .. ._ ...,.,..... Book ....... Page ......._...... Appeal No. _.198576 ., .. l9 PACTS and DECISION Petitioner _,William E. Anderson filed petition on l9 requesting a variance-permit for premises at _a fWp �ueY _.._....., in the vill, ge __.(street) of Barnstable adjoining premises of »_ ... (see attached list) w. .,. .,w_.... ,, ..., . Locus under consideration: Barnstable Assessor's Map no. _., _.. �7 .... ....,. lot no. „ 8 ....... Petition for Special Permit: 0 Application for "Variance: E] made under See, of the Town of Barnstable Zoning by-laws and Sec. __ _..».,.-.. -.._.. » ,._ ......._ Chapter 40A., ;Mass, Gen, LawK for the purpose of ----to allow �_..------,..._....... W � ...... Locus is presently zoned in___R3 M...._,.._.,_.. Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Barnstable Patriot newspaper published in Town of Barnstable it copy of which is attached to the record of these proceedings tiled with Town Clerk, A public bearing by the Board of Appeals of the Town of Barnstable was held at the Town Offiee Building, Hyannis, :Mass,, at 19 85 , ulm said petition under zoning by-laws. Present at the hearing were the following membera: Luke P. Lally Rio}kird L. Boy Tester Bliss ,. Chairman ,_.�.. ,».,.,w..�.u»...�.._._.��... »._�._....,..._..�»._....,....W,....r,..�w�..,.w....�»w..,,, ! fbnal,d Jansson Coil. Nt htincgle BOOK4785-?'1'f,,E 014 WWN CIERN 6 S12G 4 TOWN OF BARNSTABE"HNSTABLE, MASS, ki&cTBoard of Appeals, 86 SEA 36 t*8 57 ® t"J" WLI.lian E. Anderson A N Deed duly recorded in L 0 F F I C I A L C 0 P Y County Registry of .......... LLI sem Page Registry ................... A N District of the Land CoArt Nertificate No. 0 F F I C I A L 0 F F I C I A L C.> C 0 P Y ..................... ................. IUI CF.-p.-.... age ................ AppealNo. ........12nf 6.......... ---------...... ....... ....................................... FACTS and DECISION K41ian E. Anderson Petitioner ..................... filed petition on .............. ................... 19 requesting a variance-permit for premises at .off M ...Lane.,__ -................... .........., in the village (Street) Barnstable of ............. •..................._..' adjoining premises of (see attached list) ........... ........... Locus under consideration: Barnstable Assessor's Map no. ............174.1.................. lot no. Petition for Special Permit: Application for Variance: E] made under See. .......... ..........._........................... of the Town of Barnstable Zoning by-laws and See. ....................................... ............................................. Chapter 40A., Mass. Gen. Laws for the purpose of ....Q.f .......... ........... ................ ........ Locusis presently zoned in........ ......................... .........--------.1,...................................................._................ Nntiee of this hearing was given by m(61, postage prepaid, to all persons deemed Affected and by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public bearing by the Board of Appeals of the Town of Barnstable wtt.- held at the Town Office Building, Hyannis, Mass, ni ........_8_-30___XX61, PX. 19 85 , upon said petition under zoning by-taws. Present at the hearing were the following member-,: r UiRe P. Lally Richard L. Bo.. y Dexter Bliss .................... ........ ...... Chairman .Ronald Janssorl.—.— Nig_kt_i4j_qqlq......... N BOOM PAGE 01.5 At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. N 0 T N 0 T Appeal No___ -1985-76 A N Page _._.A..._.N. of O F...... I C I A L O F F I C I A L C 0 P Y On ._ .__� 'ternber .12�...---........._.....,......................__......... It) . `a......_.,, The Board of Ap eatfi fdUnd N O T N O T A N A N Attorney Roust O'Nei.]Drfg�reFanjedah if.oner, Willigm 19. Fhdfirso, IwhA it requesting a Special Permit dog -tpndYa non-conforming use to �al]� 4 00 square foot building, shown :.n he Plan summtted with the filing aryl in icated in yellow as Proposed Building "B", a 5,000 square foot building sham on said Plan and also indicated in yellow as Proposed Building "C", and in conclusion, a 2100 square foot building sh:wm in yellow on the Plan dated, March 15, 1985, indicated as Proposed Addition "D" - all located nn Lot 18, Parcel B, consisting of 1.80 acres off Phinneys :ane, Barnstable in an RG zoning district. Ronald Jansson voted to deny the application, as he is very concerned with the wells, and the fact that the building, as proposed, is located within an area of contribution. In addition, the proposed uses that would be allowed would rep- resent a threat to this fragile zone. Luke Lally, Dexter Bliss, Richard Boy and Gail Nightingale all voted to allow the petition, to be as per the Plan submitted , and the type of use allowed not be detrimental to the neighborhood nor in derogation of the Zoning By-Laws. The proposed construction to be limited to one-story buildings as indicated on the Plan, dated March 15, 1985, William E. Anderson. The petition is granted with the concurring vote of four memberk of a five member Board , Clerk of She '1'o«•n of Barnstable, Barnstable County, ItlassaehuKotts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decisirTn Oif. tPjej�pbove entitled petition and that no appeal of mid deeision has been filed in the office ofj%)e T6wn C•lrvk, Signed atttkt Sealed ._tea. ._. tl iu oi. .............._� 1c _:_.f..ras.. ................. 18 X.i. ............ under the pains and penalties of perjury:,• + i Distribution i-� ( ASS e Property. O�er .._.............._..........._....... .,._..............................................._........ �._---- Town Clerk c'•, 1 \" Board of Appeals Applicant • i'p ' ( 0< 'Town of Barnstable Persons interested Building Inspector Public Information ll ! v ' i Board of Appeals Chairfnan ! I ! ! i; 'i i 800K4765 PAGE 016 N o T r A N N o T CrAL AN copy 0F 1CIA � c o P y Noy A N N o T o F r C A N c o NIVEi BOAR OF D OF ANSTP 8P AIS x Zt NOTICE OF PUBLIC HEARING c U •P y UNDER ZONING BY-LAWS ZONING BOARD OF APPEALS bMMING OF AUGUST 1, 1995 To all persons deemed Interested or affected by lheRoard of Appeals, under Sec. 11 of Chap. 40A of General Laws of the Commonwealth of Massachusetts and all amendments thereto, you are hereby notified that: Appeal No. 1985:72, 7:30 p.m.; Nancy Hogan has appealed a decision of the , Building inspector and petitions fora Special Permit to allow a craft studio in an existing, attached garage at 528 Race Ln., Marstons Milts in an RF zoning f district. A public hearing will be held on this petition at 7:30 p.m, Appeal No. 1985.73, 7:45 p.m.: Stephen & Maureen Paxton have appealed a decision of the Building Inspector and petition for a Special Permit to allow an antique shop in an existing residence at 4996 Main St., W. Barnstable in an RF zoning district. A public hearing will be held on this petition at 7AS p,m. Appeal No, 1985.74, 8:00 p.m.: Harold Roper has appealed a decision of the Building Inspector and petitions fora Variance/Special Permit to move a dwell- Ing within 35 feet of wetlands at Lot 8 River Road, Marstons Milts in an RF zon. Ing district, A public hearing will be held on this petition at 8:00 p.m. Appeal No. 198S-75, 8:15 p.m.: Kinsale Realty Trust has appealed a decision of the Building Inspector and petitions for a Special Permit to expand a non. conforming use by adding a second story and moving a building away from the rear lot line, for Professional/General office use at 583E Main St„ Hyannis in a Business zoning district. A public hearing will be held on.this petition at 8:15 p.m. Appal No. 14B5.76,$;30 p.m.: William E. Anderson has appealed a decision of the Building Inspector and petitions for a Special permit to construct two new buildings and an addition to an existing building at Lot 18, Off PMnneys Lane, s Hamstable in an RF-I zoning district for miscellaneous business use. A public heating will be held on this petition at 8:30.p.m. Appeal No. 1985.71, 8:45 p.m.: Audrey Anderson has appealed a decision of the Building Inspector and petitions for a Variance to allow the construction of r one new building and an addition to an existing building for miscellaneous t business use at Lot 73, Phinneys Lane, Barnstable in an RF-1 zoning district. f4 A public hearing will be held on this petition at 8:45 p.m. These hearings will be held in the second floor hearing room, New Town Hall, 367 Main Street, Hyannis on Thursday evening, August 1, 1985. You are invited to be present. f By order of the Zoning Board of Appeals, § LUKE P. LALLY e Chairman n Zoning Board of Appeals 11 Barnstable Patriot July 18 and 25, 1985 a •a f 60CK4785psu OV 017.775.1120 THE. TO�® ®F BARNSTABLE 1 e Z®NIN� ARD OF AP ALS N A o Aae79rABt N i N O F F 1307 JAI A SfBEET O F F I C I A L1 4AY 4��m . . HCANGis2m °SACHUSETTS 02601 C O P Y N O T N O T A N A N PARTIES IN INTEREST OFF I C 1185A- ke "WicP rF Aj�'1 801I A L, Meeting of Aucust 1, 1985 C O P Y Y i Albert J. dluehinsku 40 Ylooamere hoad Frcaninyhrnr•, Ilia. 01701 r George n'. L•".anchard Main Street Curmnaguid, Ma. 02637 ✓oui s P. 10: Usso Lila L66 Lorusso P.O. Box 96 Hyannis, Ma. 02601 Auca°ou P, Anderson 23 Elliott Street CentervtilZe, Ma, 026,7 cormronwealth of l:ass. John F. Xennedu Federal Building Government Center Boston, Ma, 02203 Board loam Hall, Box 1108 , Board Toahi Ho,,�o A)incz* Main Street SarrllvicY, Ma. 02563 rj"o,ith Planing B crd 1146 Route 28 South }CVmoutlk, A. . O2Ee4 REGORGED Nov � s5 P L 1 1 ? I VIy VA, � 4 l ,^ I ; ` ro, ' % vIky ` Tll ` ,1 M� fly, kyey III, I VIA, 11 i , � v�n rA� , ll ? IS ftf, AS AA fee �,y ' yfa r 1r�rfn , o I r fir AI AI A > rIS I r` rr ,cafi .',�Sr7 R r I IY r 'rr'd ' ' y ryr ell CIA fly I ' I . . r y'k All , elpy/Seler VI r' SO YIS I ^'rewH '+ ell I If, Ay I'll yeAl .rfee y x W_ l v A, Sky Ifxt r� ' X IS A If w ell I Aye a 7 fy I IS I All � LIV ell? ! ID, Sky ie f { k Illy I See IV Ve Seely T ', 111% If VVy r Sky If Selyeke zykh, ,ell ASS; ek ASI I I Iv IVyA Vo C t / k, A Ake, §q C .. �., ter RA feylem" ZIke IV) r r'Fx � m IS I We j „ 5 U ¥ �rSe:. t' / "c { xMNI!IIY1�7NrA . Jw � '' 9Y eye ' : '+ � 'Ak . S " Sky , �`� v See A ryfle, I See oow** 9 , 'I lk5ly rely AI Is , 51 r vlyzif a% IV I r it ell ylIf z CI1A ell ef, See 11 AfV i SL ' ,yAll',.Ld � 61 h r / y /�, IS A � „ y � / >/ � r �,. o F / / r �X lu x ..�. ;... 0 \ 7.. r a . .k C. S % % . °IN v v A r �v ti e Y \ \\. � "www.4 \ems rr - NI,MaWN y , ar"�i' �vrl --- ME '" ... ,. I """ w!rLL:w.rsroxxaR . _ . . ,_.��.��rc • : .�. v vv Y� m \ vV ea Vv IN i IN NINE % IN ON NIN Sm tiNN v NN v v A , ` >. vv _. . vv 3 v y zI ". n \ \ N Exhibit D Town of-Barnstable Building Department Brilan Florence,CBO ffi Building Commissioner BARNSTABLE HAS& 200 Win Sireet, Hyaw)is, MA 02601 Www.town,ba nista tote,n1a.us ea Office: 508-862-4038 Fax: 508-790-6230 3/10/2022 Jaimie Henriques and Ashley LeBouf 1336 Phinney's Lane Hyannis, MA, 02601 Re: Site Plan Review Letter Recision Mr, Henriques and Ms LeBouf, Please be advised that the Site Plan Review letter dated October 8, 2021 is hereby rescinded and replaced with the attached dated 3/11/2022. The reason for the rescission is that the previous letter failed to Inform you that the Town of Barnstable has a Dog Control ordinance, Chapter 403,which regulates Kennels and provides the following path to obtain a Kennel License B. In order to obtain a kennel license: (1) The applicant must apply to site plan review, and then to the Zoning Board of Appeals to see if the property meets the requirements of§ 240-27 (Service and Distribution District); and if so, under Subsection C, Conditional uses, Subsection C(2), kennels subject to§ 240-126C, the Zoning Board of Appeals would grant a special permit, (2) Once a special permit is obtained, then the Town Manager, or his designee, shall hold a public hearing and may impose conditions or restrictions as he or she may deem necessary for the public good; since kennels are considered a commercial use, and not allowed under§ 240-46, Home occupation, (3) Upon approval, the Manager, or his designee, will forward a notification to the Town Clerk for the license and payment of the annual fee as defined in Subsection D below. Failure of the Zoning Board of Appeals to issue a special permit as required under Chapter 240, Zoning, will cause a kennel license not to be issued at such location by the Town Clerk We recommend the assistance of a land use attorney for making a presentation to the Zoning Board of Appeals as the request will need to be a variance request. For further information on how to proceed with this process please contact the Planning Department at 508 862-4678, R__,_--Uv`,. q4�ad-- Jeff Carter Ue�d� CUreck) Inspectional' ' Services Town of Barnstable ABTA wt�14 Site Plan Review BARN 1� 200 Main Street, Hyan nis,MA 02601 www.town.burnstable.ma.us Office, 508-862-4679 March 11,2022 Jaimie Henriques and Ashley LeBouf 1336 Phinney's Lane Hyannis, MA. 02601 SPR 087-21 Jaimle Henriques 1336 Phinney's Lane,Unit 1-5, 1-6, 1-7, Barnstable MapJParcel:2741018 Zoning: RG,RFAIMS Proposal, Applicant is proposing a dog day care business as well as a boarding facility. Operating hours will be 7 days per week beginning at 6 AM and ending at 8 PM on various days. Boarding will be offered for overnight stays as well as bathing but no grooming. Anticipate beginning with 5 employees. Premises will have camera monitoring. Dear Jalmie and Ashley, At the informal site plan review meeting hold on October 7th it was determined by the Deputy Director of Inspectional Services that the above proposal is approvable but as more information became available we need to inform you that zoning relief is required for this location and the Zoning Board of Appeals will need to give initial approval for a Kennel license before it proceeds to the next step in the process as outlined in Town of Barnstable Ordinance Chapter 403.The Site Plan Review Committee made the following comments. Jeff Carter: 0 50 dogs will be allowed currently. Any increase will require review with Animal Control. o Building and plumbing permits will be required. o Zoning Relief through the Zoning Board of Appeals is required for this location. c, Kennel License must be granted by the Zoning Board of Appeals. David Stanton: Chief Health Inspector • Dumpster needs to be screened from public view • Confirmed kitchen Is for staff use only. 0 Deputy Chief Rick Fautz:Barnstable Fire o Suggested to applicants to tap into the other Y2of the buildings' fire alarm system for ease of updating. 0 Robert Duffy., Plumbing and Gas inspector * Bathroom needs to be ADA compliant, non-gender and employee use only. * Break room requires a hand sink, * Mop sink is required for the floors. * A hair interceptor from the tub will be required. Applicant must obtain all other applicable permits, licenses and approvals required, Sincerely, Jeff Carter Deputy Director of Inspectional Services Cc: Site Plan Review Committee v, ., ,. 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