HomeMy WebLinkAbout0735 ATTUCKS LANE (14) r v v
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CA SEP-10-2007 09:43 From:CRPE COD COMMISSION 5083623136 To:15088624782 P.2/5
MICHAEL D. FORD, ESQUIRE
ATTOKNE.Y AT.LAW
72 MAIN S'fli.I;i;T, P.O. 130X 485
WEST HARWICH, MA. 02671
TEL. (508)430-1900 FAX(508)430 9979 -
mdrosgr @vcrIzon,,el AUG 3 n 2oor
August 27, 2007
Celt.0 t c)d
Mr. Dorr.Fox
Chief:Regulatory Officer.
Cape Cod Commission
3225 Muir Street, POB 226
I3unistable, MA 02630-0226
LC I?: Pondview Professional Condominium Redevelopment Project.
F(yarinis Court ASSOCiatoS Tile.
735 Attacks Lane, Hyannis.
Dear Mx. Fox:
Thank you for meeting with me recently to discuss the above-referenced project,
As you will remember from our discussion, the proposed redevelopment project involves
conversion of an existing health club at the site to professional offices. This letter serve~
Lis a request for your detenllrnatlon as to whether such Conversion C011,40tutes a "change
Of use" within the meaning ofyour.Enabling Regulations, such that mandatory'DRT
project review may be required.
Because tine conversion of the space results in decreased in1pIICts upon the
resources protected in the Commission Act, the project proponent maintains that the
conversion does not constitute a ``change of use"under the .Regulations, and does not
therefore trigger the potential for mandatory DR[ review.
Though the floor area involved in the conversion from health club to professional
Office is approximately 16,000 sq ft, it is the proponent's position, Ivor which .[, seek your
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confirmation, that the conversion does not trigger mandatory DRI "change of use" review
because; the proposal does not increase detrimental, regional impacts upon the resources
protected under the Act. Section 4(a) of the .enabling Regulations provides that.tbe
Change of Use deterniination is made in large part by considering whether a project may
have more detrimental impact on [lie resources protected under the Act than the
immediately preceding use,
Though an addition to the existing building of less than 10,000 sq ft of pew gross
floor area is also proposed, the addition would not,.independently trigger.mandatory DM
review for the creation of new Iloor area pursuant to Section 3 of the Enabling
Regulations, it appears that the proponent could permit and construct the proposed
addition of less than 10,000 sq It, potentially converting the uses on-site at a later time,
without the need for mandatory MU'' review.
The existing building, which was formerly the home to the 'Bani table Athletic
Club, contains approximately 24, 357 sq ft of noor area on three floors. The existing. Y
health club maintains approximately 16,723 sq ft of floor area. The proposal replaces the '
health club area.with a similar amount of professional office space, while maintaining the
existing physical therapy and daycare uses on-site.
The renovations occasioned o cc, tironed b the conversion are proposed to brie th
e building
Y P P g 6
more in keeping with the community character/ architectural standards of the current
R-P.P. '["he property is located in an (industrial) growth,activity center and proposes to
redevelop an existing building, also consistent with the performance standards of the
RRP P.
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L
Of particular note in terms of decreased impacts relative to protected resources;
the proposed conversion from health club to professional office effectuates a reduction in
traffic generation per the ourrent ITE manual, relative to the categories of the existing and
proposed uses.- Additionally, though the property is con.neeted to municipal sewer and
water service, the water service demands and wastewater generated by the proposed
office use will be less than those for the existing health club. The proposed maintenance/.
repair of the existing parking areas will improve site drainage and direct stormwater away
from neighboring wetland resources, which repairs have been approved locally by the
Barnstable Conservation Commission and building department. 'Finally, the economic
development potential for the proposed professional offices is greater, where there will be
several office suites to the area where a single large health club exists, increasing the
number of jobs available and business tax revenues generated, among other things, It is
also generally assumed that the professional office jobs will pay higher salaries than what
was available to health club employees.
Based on the foregoing, .f would request your determination cis to whether the
proposed eonver;ion of the health club use to professional office use at the property
constitutes a change of"use such that potential mandatory D.RJ review is required. The
proponent contends that, as the detrimental impacts oil the resources protected under the
Act are reduced, the proposed does not constitute a change of use within the meaning of
the .hnabling Regi,lations,
In the alternative, should you determine that the proposal constitutes a change of
use, I would anticipate seeking exemption from.D.W. review on the basis that the project
imposes no greater impacts on protected resources than the existing use.
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Should you have any questions or concerns in the matter., please do not hesitate to
contact me_
Thank you for your consideration, and I.will otherwise await your determination
in order to move forward hi the matter.
Very tnily yours,
Michael D. Ford
CC: Dennis Aceto
Greg Smith
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SEP-10-2007 09:43 From:CAPE COD COMMISSION 5083623136 To:15088624782 P.1/5
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" ov DAR�`� CAPE COD COMMISSION
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