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HomeMy WebLinkAbout0323 BARNSTABLE ROAD ��oZ� �����! /C�dL�i J C o�N EPA i��,9-c.7-�..-:��-a u�ti:�:s _ ----._— _ _ — _ --- —- _ _ v 1 � V�� c� � � a '�� � k � � � � � � � �� � � � �j � � �d� �� � � _ ,'� I � � � Y '/ ✓-yam / % �r /� �f r I i ,I i r Il A.M. FOR `-tJ L DATE TIME P.M. Zos OEM �- OF PHpNER P ,11�N��3 PHONE `'o G - lJ b Ydt1R CI�LL'• AREA CODE NUMBER EXTENSION MESSAGE PLEASE �� WILL CALL CAMIE T13 _ 5E�YOU WA[t�'S7p SSE Yf]U SIGNED �nlVersai'48003 NOTES r i Town of Barnstable Building Department Brian Florence, CBO Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us - .Pre-application for Business Certificate Date Map Parcel Applicant Information Applicants Name ti —� G• _j Applicants Address 3a3 1��S 1K�\C Email Address— ��Y\��� �\It�� G 6\i Telephone Number 13 Listed ❑ Unlisted ❑ Business Information New Business? ----------------------------------------- Yes �No Business is a registered corporation? ----------------------- Yes No If yes Name of Corporation ��—� �k Does business operate under the registered corporate name Yes No ' Is the business a sole proprietorship or home occupation? --------- Yes No If yes then a Home Occupation Registration is required—See Building Division Staff Name of Business Business Address 3 �Ll , _ kk Type of Business C� Building Commissioner Office Use Only Conditions Building Commissioner Date Clerk Office Use Only �� Town of Barnstable 39, , i , .,w� ,k, � g. Puerm PostyThisfCard So That it�s Uis�blenFromrtFi"e Streeter Approved Plans`Must be}Retamedon,Job and this Card Mustbe Kept ;, • LA1139fTPA9L�. • ! O 6" (Posted Unt�IFinal Inspection Has BeenMade 3 }y „ R .x .Certificate;°of Occu anc`"pis Re"wired suchBuild�n shall NotFbe<Occu iedunt�l a Final;lns action has b`eenmade 1 Where a q g h .-� . '�.,r ,.✓.»a'�.: n�a<,.�.�,..�.�,c�.a px?a t.,a��,;� ,._a...✓. per .. '�3.�,. ....'�,, Permit NO. B-18-1173 Applicant Name: Raymond Edwards Approvals Date Issued: 05/08/2018 Current Use:- Structure Permit Type: Building-Siding/Windows/Roof/Doors Expiration Date: 11/08/2018 Foundation: Location: 323 BARNSTABLE ROAD,HYANNIS Map/Lot 310 138 Zoning District: HG Sheathing: Owner on Record: ALTY,TIMOTHY P&RYAN J TRS $' Contractor Name .,,Raymond Edwards Framing: 1 Y Address: C/O BIKE ZONE INC Contractor�Lieense: CS 110758 2 I.,.. A., BARNSTABLE, MA 02601 �z Est Project Cost: $5,000.00 Chimney: Description: strip and reroof 12 sq aspalt shingles g PermitFee: $160.00 Insulation: Project Review Re FeePaid $160.00 Pro 1 q Final: �, Date 5/8/2018 Plumbing/Gas Rough Plumbing: Building Official Final Plumbing:- ;, . .,mod ,. Rough Gas: This permit shall be deemed abandoned and invalid unless the work authorized b7 7- y this permit is commenced within six months g prkissuance. g All work authorized by this permit shall conform to the approved application and the approved construction documents for whichthis permit has been granted. All construction,alterations and changes of use of any building and st6Jctures h ll be in compliance with the local zoning by-a wsgq d codes. Final Gas: This permit shall be displayed in a location clearly visible from access street�or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. _ �R = Electrical The Certificate of Occupancy will not be issued until all applicable signatu es bytheBuildmg and'Fire Officials are prov pled onthis permit. Service: Minimum of Five Call Inspections Required for All Construction Work:t Rough: 1.Foundation or Footing i �• `. -.-: •- 2.Sheathing Inspection Final 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Low Voltage Rough: 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Low Voltage.Final: 7.Final Inspection before Occupancy Health Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Work shall not proceed until the Inspector has approved the various stages of construction. Final: "I'-rsons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT " dF v . �.�......................... Application Number..................... ... on t + + + * �, F .....CtberFee.................... mess. Permit Fee.....�..... .....�...... .... 0196 �� 13U k Ml� D1IVG f-'STa2 Fee Paid............. ........................ ...... APR 18 20 i : ,oa.. .! 1� .... TOWN OF BARNSTAM- )1 Permit Approval by.. . UFSARNS r� BiTILDINO PERMI Lc T Msp...` .. . .....................ParL:....... .......................... APPLICATION Section I— Owner's Information and Project Location Project Address J�d23 B rtJi C•E /Z-D Village '14�1 NVV t 5--- Address- owners Name f!,n o7i4 y j4Gn1 LUA t� Owners Legal Address g . State zip Clty p� Owners Cel l# D • v�0 E-mail s _— F---7 Section 2—Use of Structure Use Group ❑ Commercial Structure over.35,000 cubic feet i Commercial Stivaire under.35,000 cubic feet ❑ Single/Two Family Dwelling Section 3—Type of Permit ❑ New Constriction on, ❑ Move/Relocate ❑ Accessory Structure .[] Chang e of use ❑ Demo/(entire structure) ❑ Finish Basement ElFamily/Amnesty ElFire Alarm Rebuild ❑ -Deck Apartment © Sprinkler System Raining wall ❑ Solar ❑ Addition . - ❑ Renovation ❑ Pool ❑ Insulation Other—Specify �ao Section 4"'-Work Description M 1 P I�vJ� �� ��� 1 S �Q /9S/��1 e �•�- S�i n e I-PS , .k :k v T Y&nndked:2/9/2018 t Application Number.................................................... f Section 5—Detail Cost of Proposed Construction Square Footage of Project /5 U C) i Age of Structure . : Dig Safe Number Of Bedrooms Existing Total#Of Bedrooms(proposed) 110 MPH Wind Zone Compliance Method 0 MA Checklist ❑ WFCM Checklist ❑ Design Section 6—Project Specifics a ❑ Wiring ❑ Oil Tank Storage ❑ Smoke Detectors [] Plumbing ❑ Gas ❑ Fire Suppression ❑ Heating System ❑ Masonry Chimney ❑Add/relocate bedroom Water Supply l Public ❑ Private ; Sewage Disposal ❑ Municipal "❑ On Site Historic District ❑ Hyannis Historic District ❑ Old Kings Highway Debris Disposal Facility: &MCJ 7-0 I'P-A'-JV-K I am using a crane ❑ Yes ) No Section 7—Flood Zone Flood Zone,Designation Within or adjacent to a wetland, coastal bank? Yes ❑ No ❑ Section 8—Zoning Information Zoning District Proposed Use Lot Area Sq.Ft. Total Frontage Percentage of Lot Coverage #of Dwelling Units (on site) Setbacks Front Yard Required Proposed Rear Yard Required Proposed Side Yard Required Proposed a Has this property had relief from the Zoning Board in the past? ❑ Yes ❑ No Last imdated:2J92018 t Application Number........................................... Section 9—:Construction Supervisor E Name VA0Yu1] DW AvZD S, Telephone Number S/ o Address &6 Ce A s+,A"c rAh City l y. ``)%}a ''ajll kstate AA) Zip ZCr 7 2 License Number /j 7S License Type Expiration Date ? -3 Q. U �. Contractors Email lAY r JA91> /7;1-(7c C'vO/414L.c,'Cell 9 SOW- 97Y I understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation requirad by 780 d Town of Barnstable.Attach a copy of your license. •. Signature Date, V V 7",y>� Section-10--Home Improvement Contractor Name W� g" eIepfone Number 5)y 0;CP Address ��r�,S v�sC. Y�1 r-ity-(,A) •�ijj�-JN State_WIVE- Zip lr:2 Registration Number !y V7 y Expiration Date I understand my responsibilities under the rules and regulations for Home Improvement Contractors in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation re d by 780 d the fBarnstable.Attach a copy of your EUC... Signature Date q Section.11—Home Owners1License Exemption t • Home Owners Name: w' Telephone Number Cell or Work Number I understand responsibilities under the rules and my sp regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable. Signature Date 3 APPLICANT SIGNATURE Signature Date / t Print Name Jury M0 oi b e�W fV nf�21 Telephone Number E-mail permit to: f!FJp<<I )I2DS t ,-�I'1 A CO 41 - �'- - .T.,s" A..a�.7.•f/nun,o - t Section 12—Department Sign-Offs t u Health Department ❑ Zoning Board if required) Historic District ❑ Site Plan Review(if required) Fire Department ❑ _ . . Conservation ❑ a For commercial work,please take your plans directly to the fire department for approval Section 13—Owner's Authorization I, —/,n oykj-y , as Owner of the-subject property hereby authorize wS to act on my,behal in all matters relative to work authorized by this building permit application for: ��3 1��-21'V S?�4'(3 C-E d� l`1 `�Khyry►S , /�'!Ja e�,�oC�� ; a (Address of job) date . Signature of Owner �. y j Print Nam ' I 1 i I i i , F Last undated:2/92018 r The Commonwealth of Massachusetts �{ Department of Industrial Accidents IVRI Office of Investigations 600 Washington Street 1 Boston MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/individual): Raymond Edwards Address: 80 Constance Ave. City/State/Zip: W. Yarmouth, MA 02V3 Phone#: (508) 514-0612 Are you an employer? Check the appropriate box: Type of project(required): 1. I am a employer with 4. I am a general contractor and I employees(full and/or Part-time).* have hired the sub-contractors 6. New construction 2. ✓ I am a sole proprietor or partner- listed on the attached sheet. 7. Remodeling ship and have no employees These sub-contractors have g• Demolition working for me in any capacity. employees and have workers' 9. Building addition [No workers' comp. insurance comp. insurance.) required.] 5. We are a corporation and its 10. Electrical repairs or additions 3. I am a homeowner doing all work officers have exercised their 11. Plumbing repairs or additions myself. No workers' com right of exemption per MGL y [ P• - 12: Roof repairs insurance required.] t c. 152, §1(4), and we have no employees. [No workers' 13. Other comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. *Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins. Lic. #: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certi and nd enalties of perjury that the information provided above is true and correct. Si nature• Date: 7 7 � I&C Phone#: Official use only. Do not write in this area, to be completed by city or town official. '72 City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2. Building Department 3. City/Town Clerk 4.Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone#: f Massachusetts Department of.Public Safety r Board of.Building Regulations and.Standaids s License:'CS-11.0758 , Construction Supervisor RAYMOND EDWARDS _80 CONSTANCE AVE VVEST YARMOUTH MA 02673 Expiration: Commissioner 07/30l2020 r drrstruction Supervisor T ,Restjicted to: Unrestricted—Buildings of any use group which contain .less than 35,000 cubic feet(991 cubic meters)of F enclosed space. - Y Failure to possess a current edition of the Massachusetts W . State Building Code is cause for revocation of this;license. `- DS Licensing information visit: WWW.MASS.GOV/DPS f . ; Town of Barnstable t111d1• '�"A1.tMNtATai8uA8�.B I°F♦,.. J;W PP oshs.`,et"tl:""'e.Yr.e.h,a.s..C.C,x e;a..r r d�:.-zS'oF ,..l�t,.x:ls s U�i s1 b l5e%Fsr�,�'fi:"`b y%tre;=_' d M�. uri's,tw b.T * n ec S dUntl F.In„ai tlfic Qu e Krre^ ;'piewt : Perm it c � x, bp � hin h o Permit No. B-17-1621 ` Applicant Name RICH A BUR RIDGE Approvals Date Issued: 07/05/2017 Current Use: Structure Permit Type: Building-Addition/Alteration-Commercial Expiration Date: 01/05/2018 Foundation: Location: 323 BARNSTABLE ROAD, HYANNIS Map/Lot 310-138 Zoning District: HG Sheathing: Owner on Record: ALTY,TIMOTHY P&RYAN J TRS ?Contractor"Name ,: RICH A BURRIDGE Framing: 1 Address: C/O BIKE ZONE INC 3 Contractor License CS-097595 2 s BARNSTABLE,MA 02601 11 1 Est Protect Cost: $ 14,000.00 Chimney: ~ A � Description: install small cell antenna anc supporting equipment Permit Fee: ,. $227.40 Insulation: Project Review Req: install small cell antenna anc supporting equipment Fee Pald° $227.40 Date 7/5/2017 Final: s Plumbing/Gas Rough Plumbing: � �. .. � , "`_ '��Building Official Final Plumbing: Al This permit shall be deemed abandoned and invalid unless the work a thokized by this permit is commenced within six monthsCafter'issuance. 4 Rough Gas: .All work authorized by this permit shall conform to the approved application and the approved construction documents�for which this permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning bby lawsland codes. Final Gas: This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for pubhc'inspect�on for the entire duration of the work until the completion of the same. � Tdi � Electrical The Certificate of Occupancy will not be issued until all applicable signatures by the Building and F,�re Officials are provided on "is-permit. Minimum of Five Call Inspections Required for All Construction Work: � �� z tiService: 1.Foundation or Footing g " Ak Rough: 2.Sheathing Inspection '"'° 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: 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. Final: "Persons.contracting with unregistered contractors do.not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel > 0 Application # C o� 2 S� / Health Division Q� � �, � Date Issued ? 7 Conservation Division o Application Fee Planning Dept. � Permit Fee �� y Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation/ Hyannis Project Street Address V17%Lily pn 72 °h�) Village &&VJJ15 Owner C-VL 5tupu, StVC,4&,Y Address OwS f��T/A-0� VAY V✓GITWW� mA Telephone -yC� 1 -5 (�( Permit Request — A i 1 SMA-CL 00(L A4,rt 6utit A A4flrb &if-Ti4V(r- E41L4 emivy'C Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation X0 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 - (BUIL"DER�OR HOMEOWNER) Name iC f 01 , r'65-AZ6t,M0 Telephone Number 5-0- W - 513 -133 0 Address Z�0 6 ?• License # C 5 - 6 5 q S o�3S Home Improvement Contractor# Email C fit,rr iL e 1 l ee o G A*S .4 P,+ Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE 5 9_ -1 1} 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. Theron Lay-Sleeper TLaySleeper@structureconsultins.net 6ulting coup Structure Consulting Group 7035 49 Brattle St. CONSULTING ' MANAGEMENT Arlington,MA02474 FIELD SERVICES May 24, 2017 RE:Verizon Antenna Modification Project at Utility Pole#109-33 @323 Barnstable Rd Dear Mr. Roma, Please find enclosed the application package for a permit to install a small,can-like wireless communications antenna on an existing utility pole on behalf of Verizon Wireless. I have included the following materials for your review: - Completed building permit application - Letters of Authorization from pole owner Eversource,Verizon Wireless,and to the contractor - Workers'compensation affidavit and Construction supervisor license - Engineered drawings detailing the proposed modifications - A Check in the amount of$227.40 to cover the cost of the application calculated at$9.10 per $1000 plus$100: We propose these utility pole attachment projects as part of a new technology designed to help meet the ever-growing demand for wireless services in the greater Barnstable area and across Massachusetts. While the pole attachments being proposed do not eliminate the need for traditional wireless communication facilities-such as.towers, monopoles,and stealth structures,they do serve to address certain gaps in areas of high coverage demand.This arrangement provides for a more surgical approach to the deployment ofVerizon's network in areas of.dense demand such as Barnstable,while avoiding the aesthetic impacts of traditional facilities. . From the attached plans,you will see that the proposals essentially consist of 38.7-inch tall canister antennas,casually termed "cantennas" (because they resemble cans),designed to be mounted atop existing utility poles in Barnstable.The cantennas are smaller than (but similar to)traditional utility transformers, and are specifically designed for minimal visual impact.The projects also call for the installation of remote radio heads and associated metering equipment,to be attached to the same pole, which are further detailed in the enclosed plans. Verizon respectfully requests that you grant this building permit based on the information we have provided in order to meet.the Over increasing demand for high performance wireless service to the residents and businesses in Barnstable. If you have any questions about the proposed modifications or require further information for your review of our application, please do not hesitate to contact me. Sincerely, Theron Lay-Sleeper � y EVERS=URCE W��,00d Massachusetts 02090 ENERGY December 16,2015 Attention:State and Municipal Permitting Authorities Re:Initial Authorization for Verizon Wireless to Attach to NSTAR poles To Whom It May Concern: Eversource Energy d/b/a NSTAR Electric C NSTAR')is aware that Verizon Wireless is in the process of permitting for the installation of necessary telecommunications equipment and corresponding aerial fiber optic cable in various locations on NSTAR-owned poles throughout our service territory. As part of the approval process,we understand that there is a requirement for NSTAR to review these locations and provide the Towns with confirmation of its approval in advance of Verizon Wireless's proposed attachment. Accordingly,NSTAR hereby submits its initial authorization for Verizon Wireless to install its equipment and corresponding aerial fiber routes to NSTAR poles in the geographic locations as depicted on the plans submitted by Verizon Wireless and on file with the Towns. The installations on NSTAR poles will be subject to the underlying terms and conditions of agreements by and between NSTAR and Verizon Wireless,as the same may be in effect from time to time. If there is anything further that I can provide you with for your analysis,please do not hesitate to contact me at 508-441-5881. Sincerely, Steven M.Owens Supervisor-Rights,Permits&Public Works Eversource Energy(NSTAR Electric) One NSTAR Way,NWBED180 Westwood,MA 02090 Ph: (508)441-5881 Fax:(508)441-5842 118 Flanders Road venzon 3rd Floor Westborough,MA 01581 January 4, 2017 Dear Sir/Madam: Re: Structure.Consulting Group Please accept this letter as notification that Structure Consulting Group has been engaged to perform- research on certain properties and real estate including submitting for zoning approval, building permits and negotiating real estate agreements as well as engage in.certain engineering analysis and construction for Verizon Wireless'ongoing network enhancement. Structure Consulting Group is authorized.to act on Verizon Wireless'behalf for the purpose of filing and consummating any zoning and/or building permit applications necessary to obtain approval of the applicable jurisdiction for the installation and/or modification of Verizon Wireless'.communications facilities. Should you have any questions_ regarding any of Structure Consulting Group's activities on behalf of Verizon Wireless, feel free to contact me at 508-439-3278 or via email at andrew.candiello@verizonv✓ireless.com. Respectful) c Andrew Candiello Verizon Wireless Project Manager-Real Estate a May 25,2017 Authorization to Rich Burrid e/J. Lee Associates to perfo rm rm work related to p utility pole communication antenna attachments at 323 Barnstable Rd, and II 1127 Iyannough Rd in Hyannis, Barnstable, MA This authorization refers to the Verizon Wireless antenna attachment projects on utility poles in Barnstable,MA,which includes installing a small wireless communications antennas and supporting equipment on existing utility poles at the following locations: Utility Pole# 109-33 @ 323 Barnstable Rd Utility Pole# 150/60=1/2 @ 1127 Iyannough Rd. Eversource and Verizon are working together on these projects,and Verizon has engaged Structure Consulting Group to conduct permitting and zoning activities related to these projects.This letter serves to authorize the contractor who will perform the proposed work.These projects have been assigned to: Rich Burridge,CSL#097595;Expiration date 07/06/2017,of J. Lee Associates,Inc. Sean Conway ;. Verizon Wireless 118 Flanders Rd l Westborough,MA 01581 By: Name: Sean Conway Title: Engineer III RE/Regulatory, 4 s i i 3 �1 J. Lee Associates, Inc. Jo EE 420 Northborough Road Central ASSOCIATES Marlborough, MA 01752 Phone number:(508) 597-133011331 Fax number: (508) 597-1335 May 25, 2017 Town of Barnstable Town Hall 367 Main Street Hyannis, MA 02601 Re: Utility Pole # 109-33 @ 323 Barnstable Rd Utility Pole# 150/60-1l2 @ 1127 Iyannough,Rd To Whom It May Concern:. This letter shall serve as confirmation that Richard Burridge,is an employee of J. Lee Associates: Sincere , Scott Hansen Director J.Lee Associates,Inc. Proprietary and Confidential PUEE ASSOCIATES May 22,2017 Authorization to I Lee Associates/Rich Burridge,to perform work related to utility pole communication antenna attachments at 323 Barnstable Rd, and 1127 Iyannough Rd in Hyannis,Barnstable,MA This authorization refers to the Verizon Wireless antenna attachment projects on utility poles in Barnstable,MA,which includes installing a small wireless communications antennas and supporting equipment on existing utility poles at the following locations: Utility Pole# 109-33 @ 323 Barnstable Rd Utility Pole# 150/60-1/2 @ 1127 Iyannough Rd. Eversource and Verizon are working together on these projects,and Verizon has engaged Structure Consulting Group to conduct permitting and zoning activities related to these projects.This letter serves to authorize the contractor who will perform the proposed work.These projects have been assigned to: Rich Burridge,CSIA97595,Expiration date 07/06/2017,of J.Lee Associates,Inc. John McGillicuddy Structure Consulting Group 49 Brattle St. Arlington,MA 02474 t By. Name:John M illicuddy Title:Construction Manager L I The Commonwealth of Alanachusetts Department of IndustrialAccidents 1 Congress Street,Suite 100 Boston,MA 02114-2017 www.mass gov/dia NN'o►•kers'.Compensation Insurance.Affidavit:Builders/Contractors/Electricians/Plumbees- TO BE F LED WITH THE PERMITTING AUTHORITY, Applicant Information Please Print Legibly Name (Business/Organization/Individual):J Lee Associates Address:420.Northborough Road Central City/State/Zip:Marlborough; MA 01752 Phone a.508-597-1330 Are you an employer?Check the appropriate box: . Type of project(required):_ . I.[ I am a employer with 40 employees(full and/or part-time).• 7.. New construction 2.[:]I am a sole proprietor or partnership and have no employees working forme in 8. Remodeling any capacity.[No workers'comp:insurance required.] : 9. .Q Demolition 3.E]I am a homeowner doing all work myself.[No workers'comp.insurance required]t 10 Building addition 4. I am a homeowner and will be hiring contractors to conduct all work on my property. I will ensure that all contractors either have workers'compensation insurance or are sole 11.0 Electrical repairs or additions proprietors with no employees. 12.Q Plumbing repairs or additions 5 f D I am a general contractor and I have hired the sub-contractors listed on the attached sheet: These sub-contractors have employees and'have workers'comp.insurance.t :13.E]Roof repairs 6.E]We are a corporation'and its officers have exercised their right of exemption per MGL C. 14.�✓ Other Telecommunications 152,§1(4),and we have no employees.[No workers'comp.insurance required.) . *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box,must attached an additional sheet showing the name of the,sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number: I am an employer that is providing workers.'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name:Astrus Policy#or,Self-ins.Lic.#.54303256. Expiration Date:10/1/2017 Job Site Address:323 Barnstable Rd City/State/Zip:Hyannis, MA Attach a copy of the worked'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under MGL c. 152,§25A is a.criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil.penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator:A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and--peenalties of perjury that the information provided above is true and correct Signature: C'� �:( Date: 1/25/2017 Phone#:78146779103 Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Massachusetts - Department of Public Safety Board of Building Regulations and Standards Construction Supervisor License: CS-097595 " E RICH A BURREDCF4, 290 Water Street Pembroke NU OB59 t`� J 11&11e9 1I lit Expiration Commissioner 07/16/2017 f AC ® DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE F,0/5/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT Alliant Insurance Services, Inc. PHONE Maria McNultyFAx 131 Oliver Street,4th Floor .617-535-7200 .617-535-7205 E-M Boston MA 02110 AIL .Maria.McNulty@alliant.com INSURERS AFFORDING COVERAGE NAIC A INSURER A:Executive Risk Indemnity Inc 35181 INSURED JLEEASS-01 INSURER B:Federal Insurance Company 20281 J.Lee Associates, Inc. INSURER C:Starr Indemnity&Liability Company 38318 420 Northborough Road Central INSURER D:Indian Harbor Insurance Company 36940 Marlborough MA 01752 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:911519232 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY 54303255 10/1/2016 10/1/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE FX OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $50,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY FX]jE O LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ MBINED B AUTOMOBILE LIABILITY 54303254 10/1/2016, 10/1/2017 Ea accident L I T $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ X AUTOS NED SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS NON-OWNED PROPERTY DAMAGE - $ AUTOS Per accident $ C UMBRELLA LAB N OCCUR 1000023132 10/1/2016 10/1/2017 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I I RETENTION$ $ B WORKERS COMPENSATION 54303256 10/1/2016 10/1/2017 x SPER OTH- AND EMPLOYERS'LIABILITY Y/N TATUTEi ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑N N/A _ (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If Yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Contractors Pollution and PECO048400 10/1/2016 10/1/2017 Per Claim $1,000,000 Professional Liability/Protective Aggregate $2,000,000 SIR excl.Protective $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Evidence of Insurance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of Barnstable 200 Main Street AUTHORIZED REPRESENTATIVE Hyannis, MA 02601 a"I-z4A t-^- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ) E® J. Lee Associates, Inc. 420 Northborough Road Central ASSOCIATES Marlborough, MA 01752 Phone number: (508).597-1330/1331 Fax number: (508) 597-1335 June 8, 2017 Town of Barnstable Town Hall 367 Main Street Hyannis, MA 02601 Re: Utility Pole# 109-33 @ 323 Barnstable Rd Utility Pole# 150/60-1/2 @ 1127 lyannough Rd To Whom It May Concern: This letter shall serve as confirmation that Richard Burridge is an employee of J. Lee Associates. Si?am ely, XsV a Sick lin President J.Lee Associates,Inc. Proprietary and Confidential n ASSOCIATES I j Shea, Sally From: Shea, Sally Sent: Thursday,June 08, 2017 9:03 AM To: 'rburridge@jleeassociates.net' Subject: ViewPermit, Permit No:TB-17-1623 Attachments: jleeassociates.JPG Hi Rich, We do have your 2 applications # B-17-1623 and B-17-1621. The one thing we do not have is a letter from an officer of J. Lee Associates connecting you to the company. The letter provided is signed from a construction manager. It must be from an officer of J.Lee Associates. You can e-mail me a new letter. See list from State. Thank you. Sally Shea Town of Barnstable , Assistant Zoning Admin/. Lead Permit Tech. 508-862-4031 1 Town of Barnstable Geographic Information System December 18 2014 m spWcw � •" Ell w, rl } i 37 Feet Map:310 Parcel:137 DISCLAIMERS:This map Is for planning purposes only. It is not adequate for legal � boundary determination or regulatory interpretation. Enlargements beyond a scale of Selected Parcel 1"=100'may not meet established map accuracy standards. The parcel lines on this map Owner:ALTY,TIMOTHY P&RYAN J TRS Total Assessed Value:$68100 are only graphic representations of Assessor's tax parcels. They are not true property Co-Owner:TRA REALTY TRUST Acreage:0.33 acres Abutters boundaries and do not represent accurate relationships to physical features on the map Location:351 WINTER STREET Buffer such as building locations. �� � ,1 • 1 4 ` Town of Barnstable ' ^t �,_:- Zoning Board of Appeals variance Decision and Notice -` Summary Appeal No. . 1992-19 Applicant: Bernard G. Sykes, III Address 815 Main street, Harwichport, MA 02646 Property Location: 323 Barnstable Road ' Corner of Baxter Road & Winter Street Hyannis, MA 02601 Assessor's Map/Parcel 310/138 Zoning: RB - Residential B District GP - Groundwater Protection Overlay District Property Owner: 323 Barnstable Road Reality Trust Address of owner Thomas Paquin 55 Sea street Extension, Hyannis, MA 02601 - Request: Modification of Use Variance #1991-42, MGL Chapter 40A, section 14 Activity Request: To-modify; Condition #1, - to permit .the building of a second floor on to the structure, Condition #2, - to permit the building to be occupied for retail on the first floor and office .use on the second floor, and Condition #4, - to permit development without site Plan Review Procedural Provisions: Section 5-3.2 (3) variances, (5) Use variances, and MGL ^h.40A, Sections 10 & 14 (modify any order or decision) . Background: This decision concerns the request submitted by Bernard G. Sykes, III appealing to the Zoning Board of Appeals for a Modification of Use variance #1991-42 to permit the development of a 2,612 sq.ft. two (2) story building to be used for retail on the first floor and attorney offices on the second floor. The'site is located within the RB Residential Zoning District, but borders onto the Business Zoning District. The 0.39 area lot is occupied by a 1.5 story residential structure which has deteriorated due to vandals. The structure has been vacant since 1986 and is owned by 323 Barnstable Road Reality'Trust, Thomas C. Paquin. Thomas C. Paquin had originally been issued a use Variance (#1990-19) in April i990 for conversion of the use from single-family detached to office Use with five (5) conditions. This variance was never implemented and in August of Decfsion and Notice , Appeal No. 1992-19 1991, Mr. Paquin again appealed to the Board for a Use variance to permit conversion from a single-family dwelling to a retail use. A Use variance #1991-42 was granted subject to five conditions. That Use variance is still in effect but has not been implemented. , Appeal #1992-19 requested that Use Variance #1991-42 be modified, 'specifically the conditions imposed and Numbered 1, 2, and 4. The modification is ` t requested to: * allow the. expansion of the building with a second floor , * permit a retail use on the first floor and office use on the second floor, * permit more than 3 employees to 'work' on the site at any one time, and * allow the development based upon 'a 1988 site plan. The applicant intends to have his retail business "Summit Ski & Bike Store', move from 269 Barnstable Road to the first floor of this building. Attorney Sykes intends to have his law offices occupy the second floor. Procedural Summary: 1 The application was filed in the office of the Town Clerk and at the Zoning Board,of Appeals office on March 24, 1992. A public hearing, duly noticed under MGL Chapter '40-A was opened on April 09, 1992. The public hearing was '. continued to April 23, 1992, at which time hearing was closed and a decision ° was rendered by the Board. The public hearings on this petition were held in the Second Floor Hearing Room of New Town Hall. The petition was heard by Board Members; .Ron Jansson, Gail Nightingale, Betty Nilsson, Richard Boy and' Dexter Bliss, Chairman. Attorney Bernard G. Sykes, III represented himself before' the Board. At the Public Hearing of April 09, 1992, he explained his plans to redevelop .the site with a two story building located on the same foot print as the existing vacant one and a half story single family dwelling unit. The first floor of which would be used to relocate the Summit Ski and Bike store which he owns, and is presently located .south of the site at 269 Barnstable Road, Hyannis. The second floor would be used as offices for Attorney Sykes legal practice. . Attorney Sykes submitted photographs of the existing structure noting .the building deterioration and condition. He explained that the building was being continually vandalized and in deterioration by neglect and vacancy and by habitation by homeless and vagrants. structural problems.were starting to show and the general conditions were degrading the surrounding residential and business neighborhoods. Attorney Sykes, at present, has an option to purchase the property.. However, that agreement would only'be executed if he is assured that he can'implement the plans he has,,set forth to ensure the economic viability of 'the site. r'. Attorney Sykes presented architectural plans of the proposed building foot print and• exterior elevation titled"Addition - Renovation for: B.G.& Leslie -. Sykes, Scale 1/8"=11 and drawn by B. Laughton, dated March 21, •1992. The site Decision and Notice Appeal No. 1992-19 plan he presented with his !application was. titled "Site Plan ' Lot 1 (#323) Hyannis & Barnstable Rd. (Hyannis)" scaled 1,=20, originally dated Feb. 04, 1986 with a last revision date of Nov. 17, 1988 and drawn by Norman H. Clapp & Associates. . The Board expressed concern with the date and nature of- development proposed by theioriginal 1988,site plan and questioned if that plan addresses the requirements of the development being proposed in this application. . The Board determined that the plan did not. satisfy the development being proposed. in this application and instructed the applicant to seek Site Plan Review and approval prior to the Boards decision on the case:' Attorney Sykes presented the Board with a letter dated Aprill07, 1992, from Wendy K. Northcross, Executive Director of'the=.Hyannis Area Chamber of Commerce favoring the redevelopment of the site as presented by the applicant. The Board took public comment on the applicants proposal. John Shaw, a . resident of the area favored the applicants request citing that the condition_ of the structure presented, a health hazard. Paul camarrada, manager of summit skiand Bike supported the proposal as did Robert Theodareus, 'an-'employee. Attorney Charles McLaughlin discussed the problems associated"_with the .site and the need for it to .be redeveloped. No one spoke in opposition. The hearing was continued to April 23 1992 to allow for Site. Plan Review and inputs from that committee. At that hearing, Attorney Sykes submitted. a Revised Site Plan titled "Addition.- Renovati.on for: B.G. & Leslie Sykes,. Scale 111= 20, and drawn by B. Laughton, dated April 14, 1992. Site Plan, 'Certificate NO. SP-07-92, dated April 23, 1992,, and signed by Joseph D. DaLuz, ,.was submitted to the Iile.which',approved the'fsite plan subject to one (1) condition.` That condition relates to the approval by the Department of Public Works of drainage calculations and information related to the plan: Attorney Sykes -discussed 'the"site plans comparing changes 'made.:',between the .plan submitted with the application and', the one approved. The; new plan . reduced the site entranceto 25, and site landscaping including fencing, .a' flag pole and signage. The plan, located in a Groundwater Protection Overlay District, proposes 7,890 square' feet,of impervious surface and structure area, representing less than'50% of the total lot area of 15,491 being made impervious. This figure being in compliance with Section 3-5.2 "Groundwater- Protection Overlay District",-of the Zoning ordinance. Attorney Sykes, projected that six (6) employees would be employed on the site: - The,Board' clarified for itself the modifications being sought and..the extent that 'those conditions-imposed in the existing'use..variance would have to be' ' 4 changed. . .They are:' t 1. the creation of aImixed use on. the site of office on .the' second floor and retail on.the first; =� 2. to add more than 1,500 square feet of gross floor area to the existing structure.-for a... total of approximately' 2,600 square feet; Decision and Notice Appeal No. 1992-19 3. to increase the limitation on the total number of employees from three (3) to six (6) ; and 4. to permit the development based upon a previous site plan. Given that the applicant has prepared a new site plan and that plan was found to .be approved with one condition, this last condition has in effect been complied with for this proposal and the applicant i.s in compliance with the Use Variance 1991-42. Finding of Fact: Based upon the evidence submitted and testimony given, the Zoning Board of Appeals at its April 23, 1992 meeting unanimously found the following facts related to Appeal #1991-19: 1. The structure, in its current derelict condition, is in need of repair. Given the extent of deterioration, some of which is structural, it is not economically viable to rehabilitate the structure with limiting its square footage to 1;500 sq.ft as now exists. 2. Furthermore, to make this project economically viable at this time, it is necessary that mixed use occur rather then limiting it to a single proposed use only. 3. The site itself boarders three (3) ways, Winter street, Baxter Road and Barnstable Road, is one of the most congested areas within Hyannis, particularly during the summertime when traffic back-ups in the area are common place. 4. Granting the relief sought would not be detrimental to the neighborhood as a whole nor derogate the spirit and intent of the Zoning ordinance if conditions were imposed that limited the uses to: a. one single office, that being law office limited to one attorney and three support staff on the second floor; and - b. one single retail'.business, limited to bicycles,_ ski and scuba equipment with no more than three (3) employees on anyone Shift on the first floor: Conclusion: Accordingly, a `motion was duly made and seconded that the Board grant the relief sought in Appeal .No. 1992-19, to modify conditions of the existing Use Variance #1991-42. All five (5) conditions imposed in the Use Variance #1991- 42 are to be replaced as follows: 1. The applicant shall comply with all requirements and directives set forth in the site Plan Review letter dated April 23, 1992, including Decision and Notice .« Appeal No. 1992-19 ' that "drainage calculations information *be provided •to the satisfaction of�Thomas J. Marcello, Town of Barnstable Department of Public Works i 2. The building shall- be constructed pursuant to the` specifications,- elevations and floor plans presented' to- the Board of Appeals titled 'Addition-- Renovation for: B.G.& Leslie Sykes,` Scale 1/8„=11 and.._ E ' drawn by B. Laughton, dated March 21, 1992, ' however 'the second floor shall be developed to accommodate no more than- one (1) professional attorney with not more than:three, (3) support staff''for• Y that attorney at any one time: 3. Retail use is limited :to the ffirst•.4floor and limited ,to retail ' sales, repair and equipment related to the sports of scuba, skiing •a`d bicycling (however excluding all motorized bikes) and that there' be employed not more than three employees at any one shift for this use. m. . 4. All' access to the site is- restricted to'gBaxter Road, with�no°access from Winter, Street •or Barnstable- Road to the property,. 5. The site shall be developed in accordance with`the approved site - plan titled "Addition - Renovation for:`..B.G. & Leslie Sykes,°'Scale 111= 20, and drawn by B. Laughton, dated April 14, 1992, (Site, Plan,.,` ' Certificate No. SP-07-92, 'dated April 23, 1992) . ' The vote was as follows. . -' ` -Aye: Betty Nilsson,°`Ron Jansson,- Richard'°Boy and Gail- Nightingale,,,Acting- ` = - -chairman Nay: None order: The conditions imposed in Use variance.#1991-42 have been modified to read as presented herein Appeal. #1992-19. This Decision 'and Notice along with,Use Variance #1991-42 should be recorded at the County Register of Deeds upon ,. development of the. project. ` f Appeals of ,this decis ion, -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. .YThis, decision must.' ' accompany all request for permits. Any person' aggrieved by this decision may appeal to the 'Barnstable Superior Court, as described in Section 17 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringin_g:.an action within twenty days after the decision has been filed in the office of the Town Clerk. A gn` lT��' Lirman iI I' .I Clerk of the Town of Barnstable, i Barnstable County, Massachusetts, hereby certify that twenty (20) days i have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed' this day of pains and penalties of perjury. 19 under the Distribution: Property Owner Town Clerk Town Clerk Applicant , Persons Interested Building Inspector Public Information Board of Appeals ,r , Assessor's office(1st Floor): Assessor's map and lot number �.a�o J L a f�� ' tw[t Pao Conservation Board of Health(3rd floor): • Sewage Permit number 1W- T CONNECT TO TOWN SEWER t sesasrLnca � rua Engineering Department(3rd floor): House number -� �ial�.ls TAP3l.a .444 Ito wsr� Definitive Plan Approved by Planning Board 19 APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF ; BARNSTABLE BUILDING -INSPECTOR APPLICATION FOR PERMIT TO C tC e,p���t \�.anh c e Cj ,l z�ctl A w Fc��v� W its - TYPE OF CONSTRUCTION � ati L( 19 G TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location Proposed Use Zoning District Fire Districts �i S Name of Owner a f 'I \v-e f Address Name of Builder Address Name of Architect Address Number of Rooms I Foundation C I IA V ;v Exterior Roofing 4-S�+ Floors Uj Interior Heating 0 E ` Plumbing Fireplace ,e Approximate Cost Q O Area w L� /#NeF Diagram of Lot and Building with Dimensions Fee ;41,201 OCCUPANCY PERMITS REQUIRED FOR`F1EW-DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name 6 C �` 11 e-3, .Gp Construction Supervisor's License €% CORNER REALTY TRUST No 35032 Permit For REPLACE WINDOWS ' Commercial } Location 323 Barnstable Road. Hyannis Owner Corner .Realty Trust t Type of Construction - Frame A IV- M. Plot `Lot ° S * i Permit Granted —, May 4, 19 J'2 Date of Inspection 19 , y Date Completed ��,� Z/,9 19 �i 'r+ s..+...- .. yr- cl� i `p • Q •^ r 10 CL cr tj a 2 ° F N r ~ W a �.Z.�' Z d ,► W 2 Q 0 ? Co m OLA ,W en r .: z v'_ 2 ti to J I o c23•s;Gi �.'J _ , 1, r f ty�•. q * Z „ 01 JZ Z qyT C Q (r411 a v~)� Y. .a , a s. �► ::.•. y ' t F;V; ? c]k Ism ~ Ixi,aY �: �•. ;' m •^ o t7' a •• IN ' y �. t• A G. i 'Ir•o •� Q N of -K Q 1 ^ . S. Q l ,, ��%•'{ .. � '. . RdS�PO � � ' WINTER � �• e•o�i .�. G`' �; err S.V, t.it -0 ri a•M11. i 1. . �S'y , ' / •� �► ji�! o i :� SI ;'��.�(ao�'!� le��r1�� J 1 ,. t �, '• � I vs,: i=,fit t 1 Al C. • '� 1 ` ... 1•. •\ •' � t t � �.�,X :-1 .�. �ii;`4Fti���i'1-ip.Sl-�'°• -i,;. 1 . 1 I : 1 a,CL �". t co CL ot ,, It, S i y t �� F• � . ,�,`1.. t .y �l `fit l '.� )t �•I s , � 't , ��•.v;,:,.fir �j. .ao [. � t1 a a c -c e 9 BARNSTABL& Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No..1996-46-- Use Variance Bernard G. Sykes,Trustee Summary Granted with Conditions Applicant: Bernard G. Sykes,Trustee, Corner Realty Trust 490 Main St., Harwichport, MA 02648 Property Address: 351 Winter St. and 323 Barnstable Rd., Hyannis, MA Assessor's Map/Parcel Map 310, Parcels 137& 138 Zoning: R-B Residential B Zoning District Groundwater Overlay: GP Groundwater Protection District Variance Variance pursuant to Section 3-1.1(1) -Use Variance to seek office and retail use on two lots, seeking to expand existing structure with 2nd story and add parking Background: The property consists of two lots located at 351 Winter St. and 323 Barnstable Rd., Hyannis and shown on the Assessor's records as Map 310, Lots 137 and 138, respectively. Lot 138 is occupied by the Summit Bike and Ski Shop. Both lots are in the RB Residential B Zoning District, and commercial uses are not permitted by right in that district. In 1992, the petitioner obtained a Use Variance for a two-story building on Lot 138 with a retail use, a bike and scuba shop, on the first floor and an attorney's office on the second floor. Today, a bike and scuba shop occupies the first floor, but the second floor was never constructed. The conditions of this Variance included constructing the building and developing the site according to submitted plans, limiting retail use to the first floor, and office use of the second floor. Except for enlarging the building with the second floor, it appears that other conditions of the Variance have been met. The petitioner is seeking a new Use Variance in order to construct the second floor of the building on Lot 138, and to develop an adjoining lot, Lot 137, as a parking lot accessory to the,uses on Lot 138. The proposal has been informally reviewed by Site Plan Review. They have noted concerns about runoff and the possibility of a new curb cut. If the Use Variance is approved, the petitioner has proposed combining the !ots as one parcel. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 23, 1996. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on May 15, 1996 and continued to May 22, 1996 and to June 05, 1996 at which time the Board found to grant the appeal with conditions. Board members hearing this appeal were; Emmett Glynn, Richard Boy, Robert Thorne, Ron Jansson, and Chairman Gail Nightingale. Hearing Summary: i At the opening of this appeal, the Board continued the hearing to May 22, 1996, due to the lack of a quorum. At that continuance no one was present to represent the Applicant and the Board felt there might have been some confusion with the rescheduling so it determined to continue the appeal to June 5, 1996. At the June 5, 1996 Hearing, Attorney Bernard G. Sykes, represented himself on this appeal. He gave a history of the previous Use Variance and itemized its restrictions and development that has occurred on f Zoning Board of Appeals-Decision and Notice __ = _ 7 Appeal No. 1996-46-Sykes the site. Mr. Sykes stated he is seeking to merge two lots located at 351 Winter Street and 323 Barnstable Road in order to increase his parking. The second lot(Map 310, Lot 137) is for parking only. There will be no change to the footprint of the building. In the previous appeal (1992-19) plans for a second floor addition were approved but were not exercised. Mr. Sykes stated the permit to allow the expansion of the second floor has run out and he is seeking the same request that had previously been granted. Mr. Sykes submitted the sketch plan for the parking and clarified that although the plan does show egress/ingress onto Winter Street, that is an error. Mr. Sykes cited that the area is not suitable for a single family dwelling and the vacant lot has been on the market for a long time and not sold. He stated that this is the highest and best use of the property and Mr. Sykes stated he has the support of the abutters who want the area cleaned up and utilized. The Board questioned Mr. Sykes desires to include medical offices on the second floor. He replied that a medical office would be a good tenant and in keeping with the other offices on Winter Street. The Board indicated that this is a highly congested area and medical would add to the traffic and congestion. Public Comment was requested and no one spoke in favor or in opposition. Mr. Sykes stated that Vasili & Rosetta Chalpara, abutters, were in favor of the Variance but had left the hearing given the lateness of the hour. Mrs. Chalpara was present at the hearing on May 22nd and at that time she said she would try to come back and show her support of this appeal. The Board asked Mr. Sykes for standing. Mr. Sykes submitted a Purchase and Sales Agreement and an Extension. Finding of Facts: Based upon the testimony given during the public hearing on this appeal, the Board unanimously found the following findings of fact: 1.. The property in issue is located in an RB Residential B Zoning District and one of the lots was issued a prior Use Variance Number 1992-19. That was a modification of an earlier Use Variance Number 1991-42. 2. With reference to the building itself, there are no proposed additions to the foot print being sought. The petitioner is seeking to allow for the addition of a second floor to the building and its use. 3. The Petitioner also seeks to obtain a Use Variance for an adjoining parcel of land for the propose solely of establishing a parking lot to be used only in conjunction with the lot that has the benefit of the existing Use Variance. 4. The area in issue is predominantly used for commercial purposes. The lot is unique in that it is predominately surrounded by businesses in the area. 5. The long and checkered history of this lot has been such that full occupancy of the lot has been denied for a variety of reasons. The property abuts Barnstable Road, Baxter Road and Winter Street and accordingly has frontage on three streets. The lot that is being utilized for parking only has frontage only on Winter Street. 6. The lot in issue is approximately 1/9 acre in size and would merge the adjacent lot that is .35 acres. 7. Granting the Petitioner the relief being sought would allow for further parking for the lot which has the benefit of the Use Variance and therefore would result in no further detriment to the neighborhood. Decision: Based upon the positive findings a motion was duly made and seconded to grant the Use Variance in accordance with the following conditions: 1. The first floor shall be limited to one retail establishment only. The second floor shall be developed to accommodate no more than one (1) professional office use. Banking and Medical and dental offices shall not be permitted. .2. Lots 137 and 138 shall be combined into one lot through the Approval Not Required (ANR) plan presented to the Planning Board for endorsement. That plan shall cite this Use Variance and the two shall be recorded together. 2 _7'B Zoning Board of Appeals-Decision and Notice P. 10 3.!_ G—,� __a 411 t Appeal No. 1996-46-Sykes 3. Development of the parcel shall be limited to a second story addition which is already in existence within the existing footprint on the locus. No other building shall be permitted on this lot or on the lots_ as they are combined. 4. Full development plans shall be provided and approved by site plan review in accordance with Section 4-7 to the start of and construction on this site. 5. All runoff shall be contained on the site. Drainage shall be installed in accordance with plans approved by the Engineering Department of the Town of Barnstable. 6. A 10 foot wide green buffer shall be provided between the street and the parking area as well as the parking area and the residential area. Trees greater than six inch caliper shall be preserved if possible. The petitioner shall work with the Planning Department to provide for an evergreen barrier along the southerly/westerly boundary that abuts the residential neighborhood. 7. All parking areas shall be screened as per Section 4-2.5(6). 8. All access to both lots is restricted solely and only to Baxter Road, with no access from Winter Street or Barnstable Road to the property. The new parking area shall be accessed from the existing parking area, so an additional curb cut will not be needed. 9. The building on Lot 138 shall be constructed pursuant to the specifications, elevations and floor plans presented to the Board of Appeals titled "Addition - Renovation for B.G. & Leslie Sykes, Scale 1/8" = 1' and drawn by B. Laughton, dated March 21, 1992, a copy of which is within ZBA File No. 1992-19, and shall be completed with six months of the date this decision is filed. 10. No other use of any nature shall be allowed on this lot. There shall be no other structure or building I on this or the merged lots. The merged lot shall be only for parking. The Vote was as follows: AYE: Emmett Glynn, Richard Boy, Ron Jansson, Robert Thorne, and Chairman Gail Nightingale. NAY: None Order: Use Variance No. 1996-46 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Cler YLCo , 1996 G i Nightingale, irman Dat Si ned I L nda Leppanen, lerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby':certify,that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision ahothbt_no appeal of the decision has been filed in the office of the To n Cler Signed and sealed this day of 1996 and the pa'h"d. penalt"oA'm, perjury. 6iRda Town Clerk'1 3 F, = I s_� =: =i ego— 1 41 1 r= PAR: R310 137. PAR: R310 138. PAR: R310 131. KEY: 227061 TAX CODE:400 KEY: 227070 TAX CODE:400 KEY: 227007 TAX CODE:400 HALL• ALAN L SYKES. BERNARD 6 TR CANTWELLi GEORGE & JANET F MICHAEL F OCONNELLP ESQUIRE 815 MAIN ST 15 BAXTER ROAD RACKMAN• SAWYER & BREWSTER HARWICHPORT MA 02646-0000 HYANNIS MA 02601-0000 ONE FINANCIAL CENTER BOSTON MA 02111-0000 .PAR: R310 130. PAR: R310 123. PAR: R310 121. KEY: 226990 TAX CODE:400 KEY: 226927 TAX CODE:400 KEY: 226909 TAX CODE:400 MURPHY. JOSEPH B & KATHLEEN CHRISTENSEN• HARRY C JR TRS SCOTT, DUDLEY 'TRS 25 BAXTER ROAD NALKE TRUST COMMERCE CORNER CONDO TRUST HYANNIS MA 02601-0000 19 OVERLOOK ROAD 32 BAXTER RO MARBLEHEAD MA 01945-0000 HYANNIS MA 02601-0000 PAR: R310. 139. PAR: R310 381. PAR: R310 140. KEY: 227089 TAX CODE:400 - KEY: 229265 TAX CODE:400 KEY: 227098 TAX CODE:400 ROBERTS. RODGER E FAIRBANKS, IRMA FAIRBANKS• J RICHARD EST'OF ROBERTSP GUYLAINE E 204 MARSTONS LANE R C/0 IMA'FAIRBANKS 1061 OLD FALMOUTH RO CUMMAQUID MA 02637-0000 P 0 31 MARSTONS MIIIS MA 02648-0000 CUMMAQUID MA 02637-0000 PAR: R310 141. PAR: R328 070. PAR: R31Q 142. KEY: 227105 TAX CODE:400 KEY: 244480 TAX CODE:400 KEY: 227114 TAX.000E:400 DELLARIO• ROBERT PHILOPOULOS, JOHN TRS & TAM3URRINO• LOUIS MICOZZI• NINO VINIOS• NICHOLAS, TRS %KENTUCXY:FRIED CHICKEN %DELLARIA.LTD J & P HYANNIS• TRUST 314 BARNSTABLE 90 159 CAMBRIDGE ST 200 STUART ST HYANNIS MA 02601-0000 ALLSTON MA 02134-0000 BOSTON MA 02116-0000 PAR: R310 143. PAR: R310 144. PAR: R310 436.001: KEY: 227123, TAX CODE:400 KEY: 227132 TAX CODE:400 KEY: 329898 TAX CODE:400 259 NORTH ST LMTD PTNSH ABRAHANI. MUHAMMAD S TR POYANTi RENE L'TRS & _ 297 NORTH STREET KAPS REALTY.TRUST POTANT, MARCEL R TRS HYANNIS MA 02601-0000 300 BARNSTABLE RD P 0 dOX K. HYANNIS MA 02601-0000 HYANNIS MA 02601-0000 . PAR: R310 172. PAR: R310 174. PAR: R310 136. KEY: 227409 TAX CODE:400 KEY: 227427 TAX CODE:400 , KEY: 227052 TAX CODE:400 POYANT, RENE• L TRS & FIRST NAT BANK OF BOSTON CHALPARA, VASILI POTANT. .MARCEL R TRS %BANK Of BOSTON CHALPARA• ROSETTA P 0 BOX K. N.E. ADM HYANNIS MA 02601-0000 P 0 BOX 724 345 WINTER ST HYANNIS MA 02601-0000 BOSTON MA 02102-0000 PAR: R310. 135. PAR: R310 134. PAR: R310 212. KEY: 227043 TAX CODE:400 KEY: 227034 TAX CODE:400 KEY: 227800 TAX CODE:400 SHEA/ JOHN J & LOLITA K FONTAINE, ANDREW F WONG• DONG P & NANCY C 341 WINTER ST FONTAINE, SARAH E 243 MISTIC OR HYANNIS MA 02601-0000 335 WINTER ST MARSTONS MILLS MA 02648-0000 HYANNIS MA 02601-0000 PAR: R310 211. PAR: R310 210. PAR: R310 227. KEY: 227793 TAX CODE:400 KEY: 227784 TAX CODE:400 KEY: 227944 TAX CODE:400 OdAMi LAUREN J MOURIKIS, SPYROS & MARY PIKIICKi PALTER & HELEN 321 WINTER ST 317 WINTER ST 16 SPRUCE ST HYANNIS MA 02601-0000 HYANNIS MA 02601-0000 HYANNIS MA 02601-0000 r PAR: R310 213. PAR: R310 214. PAR: 4310 215. KEY: 227819 TAX CODE:400 KEY: 227828 TAX CODE:400 KEY: 227837 TAX CODE:400 CARLSON, ROSANN MATHER, DONNA ONEILL, SANDRA GREENE 164 LOCUST ST 153 LOCUST ST HYANNIS 122 ELM ST MA 02601-0000. HYANNIS MA 02601-0000 NORTH READING MA 01864-0000 PAR: R310 126. PAR: R310 127. PAR: R310 133. KEY: 226954 TAX CODE:400 KEY: 226963 TAX CODE:400 KEY: 227025 TAX COD.E:400 ALMASi DANIEL P 9 MARY L, LUCIER. PAUL E 8 HILL• DOUGLAS 8 i LAURIE 8 24 SEA MARSH RD LUCIER• ELIZABETH A 12 WALNUT ST CENTERVILLE MA 02632-0000 171 LOCUST ST a HYANNIS MA 02601-0000 HYANNIS MA 02601-0000 PAR: R310.132. PAR: R310 128. PAR: R310 125. - KEY: 227016 TAX CODE:400 KEY: 226972 TAX CODE:400 KEY: 226945 TAX CODE:400 FLAHERTY. JOHN W 6 MORRISON• JOHN 8 C SUSAN M VISCO. LAURIE A &. LORRAINE FLAHERTY• M VIRGINIA 179 LOCUST ST 58 LEWIS RD 188 LOCUST ST HYANNIS MA 02601-0000 HYANNIS MA 02661-0000 HYANNIS MA 02601=0000 PAR: R310 124. PAR: R310 129. KEY: 226936 TAX CODE:400 KEY: 226981 TAX CODE:400 -. DEVINE. ROBERT R CORCORANo, WILLIAM J ` 448 WATER ST CORCORAN# ELAINE E FRAMINGHAM MA 01701-0000 187 LOCUST ST HYANNIS MA 02601-0000 I Proof of Publication LEGAL NOTICES Town of Barnstable Zoning Board of Appeals Notice of Public Hearing Under The Zoning Ordinance for May 15, 1996 To all persons interested in,or affected by the Board of Appeals under Sec.11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that: 730 P.M. Pires Appeal Number 1996-42 Donald J.Pires has appealed to the Zoning Board of Appeals pursuant to Section 2-5.1(1) of the Zoning Ordinance for a Special Permit to allow the termporary occupancy of a trailer during construction of a permanent home. The property is shown on Assessor's Map 64. Section 7 and is commonly addressed as Lots 3&4(House N 15)Cameron Lane,Ma rstons Mills,MA in an RF Residential F Zoning District. 7:45 P.M. Kin On Restaurant,Inc. Appeal Number 1996-43 Kin On Restaurant,Inc.has appealed to the Zoning Board of Appeals fora Special Permit under Section 3-3.6(3)to permit a conditional use of a restaurant in a Highway Business District and as prescribed in Section 4-4.5 Non-conforming use. The Petitioner seeks to expand existing 1200 sq.ft.restaurant into an adjoining vacant unit resulting;n a total of 2400 sq.ft.and an increase in seating from 48 to 72. The property is shown on Assessor's Map 290,Parcel 3 and is commonly addressed as 211 West Main Street,Hyannis.MA 1n.an HB Highway Business Zoning District. 7:45 P.M. Kin On Restaurant,Inc. Appeal Number.1996-44 Kin On Restaurant,Inc.has appealed to the Zoning Board of Appeals for a Special Permit under Section 4-4.5(2)Expansion of pre-existing non-conforming use. The Petitioner seeks to expand existing 1200 sq.ft.restaurant into an adjoining vacant unit resulting in a total of 2400 sq.ft.and an increase in seating from 48 to 72.This appeal is in the alternative tc Appeal Number 1996-43.The property is shown on Assessor's Map 290,Parcel 3 and is commonly addressed as 211 West Main Street, Hyannis, MA in an HB Highway Business Zoning District. i 7:50 P.M. Kin On Restaurant,Inc. Appeal Number 1996-45 Kin On Restaurant,Inc.has appealed to the Zoning Board of Appeals fora Special Permit under Section 4-2.8 reduction of off-street parking requirements. Applicant seeks reduction in number of off-street parking spaces that will be required after expansion of existing restaurant. The property is shown on Assessor's Map 290.Parcel 3 and is commonly addressed as 211 West Main Street,Hyannis,MA in an HB Highway Business Zoning District 8:15 P.M. Sykes AppealNumber 1996A6 Bernard G.Sykes.Trustee has petitioned the Zoning Board of Appeals for a Use Variance to Section 3-1.1(1)Principal Permitted uses of the Zoning Ordinance to permit office and retail use,expansion of existing structure and parking. The property is shown on Assessors Map 310.Parcel 137 and Parcel 138 and is commonly addresed as 351 Winter Street,and 323 Barnstable Road.Hyannis,MA in an RB Residential B Zoning District. 8:30 P.M. 1 Vetorino Appeal Number 1996 47 John F.Vetorino has appealed to the Zoning Board of Appeals the decision of the Building Commissioner that the lot is not buildable for residential purposes the Assessor's present-Zoning Map Ordinance Section 4-4.2 Non conforming Lots. The property is shown 252.Parcel 32 and is commonly addressed as 112 Huckins Neck Road, Centerville,MA in a RD-1 Residential D.1 Zoning District. 8:35 P.M. Vetorino Appeal Number 1996-48 John F.Vetorino has petitioned the Zoning Board of Appeals forta have lost Variance to Section 3- 1.1(5) Bulk Regulations. Lot was created in 1958 and may 9 ng protection with 1995 Amendment of Article 4-4.2.The property is shown on Assessor's Map 252,Parcel 32 and is commonly addressed as 112 Huckdns Neck Road, Centerville,MA in a RD-1 Residential D-1 Zoning District. These Public Hearings will be held in the Hearing Room;Second Floor,New Town Hall,367 Main Street. Hyannis, Massachusetts on Wednesday. May 15. 1996. All plans and applications may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable, Planning Department,230 South Street,Hyannis,MA. Gail Nightingale,Chairman Zoning Board of Appeals The Barnstable Patriot April 25&May 2, 1996 ' r QARN'13TABLE REGISTRY O� DELD0 f °PIKE A Town of Barnstable ° Regulatory Services 9s�i.eg Thomas F.Geiler,Director Eo;9.�►�� Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Date / Address °* *" r To Whom It May Concern: Our attention has been alerted to the fact that you are flying illegal contrary to the Town of Barnstable's Zoning Ordinances.The Town has a sign code which is explicit regarding flags. Section 4-3.3,Prohibited Signs(1)"Any sign,all or any portion of which is set in motion by movement, including pennants,banners or flags,except official flags of nations or administrative or political subdivisions thereof." Please contact me at 508-862-4033 when these flags have been removed so that I can inspect the site.Thank you for your anticipated cooperation. Sincerely, ^[ David Mattos Building Inspector _ Q:\BUU DING\WP=S\DMATTOS\Illegal Flags.DOC a � U h r w JlU # 333 MAP 310 :: l ' 139 i4 � i417 o 20 �:-x K 1 � ,�, 4 KK ._. ING01 �._ PAVED P , . i Ijj f .2 12 MAP 310 EN ; 4 4�1- P 31013 .. =�25i � 4J1 � P - � ? i +e 2 310 P o AP 310 _ � --- 2 g 10 4 3 0 ' ��`— MAP'31 \ H MAP 31 ,44°4 1 2. 3 ' j f i i 1 • AP 31�� 4 1 r , D p O �•\ MAP 3 0 MAP310 _ s \ ' 1 fi ;4 43. 0 1 la e:\billd\Basemap.dgn Jul. 05, 2001 08:39:15 a- ZBANEW. 7/5/2001 APPEAL NO APPLICANT APPEAL MAP-LOT VILLAGE ZONING ADDRESS 1996-046 Sykes/Corner Realty Trust Variance 310 138 Hyannis RB Barnstable Rd 323 Pagel a ZBANEW 7/5/2001 APPEAL NO DECISION STAFF NOTES 1996-046 Granted WC expand existing bldg to permit retail and office use I� Page 2 9/26/02 r Bike Zone Corner of Baxter & Winter �tY Al t 3 t1J/KUr�F` q rt. n k s IME • BARNSTABLE. MAB3. i63q. �0� Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1996-46- Use Variance Bernard G. Sykes,Trustee Summary Granted with Conditions Applicant: Bernard G. Sykes,Trustee,Corner Realty Trust 490 Main St., Harwichport, MA 02648 Property Address: 351 Winter St. and 323 Barnstable Rd., Hyannis, MA Assessor's Map/Parcel Map 310, Parcels 137& 138 Zoning: R-B Residential B Zoning District Groundwater Overlay: GP Groundwater Protection District Variance Variance pursuant to Section 3-1.1(1) - Use Variance to seek office and retail use on two t with 2n story and add parking lots,seeking to expand existing structure d ry p g Background: The property consists of two lots located at 351 Winter St. and 323 Barnstable Rd., Hyannis and shown on the Assessor's records as Map 310, Lots 137 and 138, respectively. Lot 138 is occupied by the Summit Bike and Ski Shop. Both lots are in the RB Residential B Zoning District, and commercial uses are not permitted by right in that district. In 1992, the petitioner obtained a Use Variance for a two-story building on Lot 138 with a retail use, a bike and scuba shop, on the first floor and an attorney's office on the second floor. Today, a bike and scuba shop occupies the first floor, but the second floor was never constructed. The conditions of this Variance included constructing the building and developing the site according to submitted plans, limiting retail use to the first floor, and office use of the second floor. Except for enlarging the building with the second floor, it appears that other conditions of the Variance have been met. The petitioner is seeking a new Use Variance in order to construct the second floor of the building on Lot 138, and to develop an adjoining lot, Lot 137, as a parking lot accessory to the uses on Lot 138. The proposal has been informally reviewed by Site Plan Review. They have noted concerns about runoff and. the possibility of a new curb cut. If the Use Variance is approved, the petitioner has proposed combining the lots as one parcel. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 23, 1996. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on May 15, 1996 and continued to May 22, 1996 and to June 05, 1996 at which time the Board found to grant the appeal with conditions. Board members hearing this appeal were; Emmett Glynn, Richard Boy, Robert Thorne, Ron Jansson, and Chairman Gail Nightingale. Hearing Summary: At the opening of this appeal, the Board continued the hearing to May 22, 1996, due to the lack of a quorum. At that continuance no one was present to represent the Applicant and the Board felt there might have been some confusion with the rescheduling so it determined to continue the appeal to June 5, 1996. At the June 5, 1996 Hearing, Attorney Bernard G. Sykes, represented himself on this appeal. He gave a history of the previous Use Variance and itemized its restrictions and development that has occurred on the site. Mr. Sykes stated he is seeking to merge two lots located at 351 Winter Street and 323 Zoning Board of Appeals-Decision and Notice Appeal No. 1996--46-Sykes Barnstable Road in order to increase his parking. The second lot (Map 310, Lot 137) is for parking only. There will be no change to the footprint of the building. In the previous appeal (1992-19) plans for a second floor addition were approved but were not exercised. Mr. Sykes stated the permit to allow the expansion of the second floor has run out and he is seeking the same request that had previously been granted. Mr. Sykes submitted.the sketch plan for the parking and clarified that although the plan does show egress/ingress onto Winter Street, that is an error. Mr. Sykes cited that the area is not suitable for a single family dwelling and the vacant lot has been on the market for a long time and not sold. He stated that this is the highest and best use of the property and Mr. Sykes stated he has the support of the abutters who want the area cleaned up and utilized. The Board questioned Mr. Sykes desires to include medical offices on the second floor. He replied that a medical office would be a good tenant and in keeping with the other offices on Winter Street. The Board indicated that this is a highly congested area and medical would add to the traffic and congestion. Public Comment was requested and no one spoke in favor or in opposition. Mr. Sykes stated that Vasili & Rosetta Chalpara, abutters, were in favor of the Variance but had left the hearing given the lateness of the hour. Mrs. Chalpara was present at the hearing on May 22nd and at that time she said she would try to come back and show her support of this appeal. The Board asked Mr. Sykes for standing. Mr. Sykes submitted a Purchase and.Sales Agreement and an Extension. Finding of Facts: Based upon the testimony given during the public hearing on this appeal, the Board unanimously found the following findings of fact: 1. The property in issue is located in an RB Residential B Zoning District and one of the lots was issued a prior Use Variance Number 1992-19. That was a modification of an earlier Use Variance Number 1991-42. 2. With reference to the building itself, there are no proposed additions to the foot print being sought. The petitioner is seeking to allow for the addition of a second floor to the building and its use. 3. The Petitioner also seeks to obtain a Use Variance for an adjoining parcel of land for the propose solely of establishing a parking lot to be used only in conjunction with the lot that has the benefit of the existing Use Variance. 4. The area in issue is predominantly used for commercial purposes. The lot is unique in that it is predominately surrounded by businesses in the area. 5. The long and checkered history of this lot has been such that full occupancy of the lot has been denied for a variety of reasons. The property abuts Barnstable Road, Baxter Road and Winter Street and accordingly has frontage on three streets. The lot that is being utilized for parking only has frontage only on Winter Street. 6. The lot in issue is approximately 1/9 acre in size and would merge the adjacent lot that is .35 acres. 7. Granting the Petitioner the relief being sought would allow for further parking for the lot which has the benefit of the Use Variance and therefore would result in no further detriment to the neighborhood. Decision: Based upon the positive findings a motion was duly made and seconded to grant the Use Variance in accordance with the following conditions: 1. The first floor shall be limited to one retail establishment only. The second floor shall be developed to accommodate no more than one (1) professional office use. Banking and Medical and dental offices shall not be permitted. 2., Lots 137 and 138 shall be combined into one lot through the Approval Not Required (ANR) plan presented to the Planning Board for endorsement. That plan shall cite this Use Variance and the two shall be recorded together. 3. Development of the parcel shall be limited to a second story addition which is already in existence within the existing footprint on the locus. No other building shall be permitted on this lot or on the lots as they are combined. 2 Zoning Board of Appeals-Decision and Notice Appeal No. 1996--46-Sykes 4. Full development plans shall be provided and approved by site plan review in accordance with Section 4-7 to the start of and construction on this site. 5. All runoff shall be contained on the site. Drainage shall be installed in accordance with plans approved by the Engineering Department of the Town of Barnstable. 6. A 10 foot wide green buffer shall be provided between the street and the parking area as well as the parking area and the residential area. Trees greater than six inch caliper shall be preserved if possible. The petitioner shall work with the Planning Department to provide for an evergreen barrier along the southerly/westerly boundary that abuts the residential neighborhood. 7. All parking areas shall be screened as per Section 4-2.5(6). 8. All access to both lots is restricted solely and only to Baxter Road, with no access from Winter Street or Barnstable Road to the property. The new parking area shall be accessed from the.existing parking area, so an additional curb cut will not be needed. 9. The building on Lot 138 shall be constructed pursuant to the specifications, elevations and floor plans presented to the Board of Appeals titled"Addition - Renovation for B.G. & Leslie Sykes, Scale 1/8"= 1' and drawn by B. Laughton, dated March 21, 1992, a copy of which is within ZBA File No. 1992-19, and shall be completed with six months of the date this decision is filed. 10. No other use of any nature shall be allowed on this lot. There shall be no other structure or building on this or the merged lots. The merged lot shall be only for parking. The Vote was as follows: AYE: Emmett Glynn, Richard Boy, Ron Jansson, Robert Thorne, and Chairman Gail Nightingale. NAY: None Order: Use Variance No. 1996-46 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. 1996 Gail Nightingale, Chairman Date Signed Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1996 under the pains and penalties of perjury. Linda Leppanen, Town Clerk 3 1iJ .- Town of Barnstable Regulatory Services Thomas F.Geiler,Director Building Division Peter F.DiMatteo,Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 i July 6,2001 Bike Zone Ryan Alty 323 Barnstable Road Hyannis,MA 02601 Dear Sir: As per our conversation,you have until July 13,2001 to take out an application to go before the Zoning Board of Appeals re: Storage Trailers. We will not do any enforcement while your application is pending before the Board. Sincerely, Gloria M.Urenas Zoning Enforcement Officer GU/er Q:010706b �� �C � ' I ��� � ��� � � 5 !O f f �G2�- f TOWN OF BARNSTABLE,BUILDING PERMIT APPLICATION Map r 3�� Parcel 3 ' Permit# _ 17Y3 l - CONNOEAW MUST OBTAIN A SEWER 2 Health Division - - �� o -,� ��NNEC*ION PERMIT FROM THE Data Issued V � ®Q CU??$UCT10f; SION PsiOa Ito. Conservation Division Fee. Tax Collector Treasurer Planning Dept. x Date Definitive,Plan Approved by Planning Board N' Historic-OKH Preservation/Hyannis Project Street Address 6A-E4 i4,1 !w (J f Village % -yUt nna t Owner id.0 r Address 4/0 Telephone � Permit Request, �A Autt-h— fi,-H kA k., RIJOYL ;PLbW 19, • Minh , Lew 4"y'o E�Sr1TC�,p s ty (6wiwy 05 -!5/C(aYg Fko-K.C. efts 6� �' -30,000 w i� T Ss�b s� ��9 Square feet: 1st floor:existing 2- proposed )1ntL 2nd floor; existing �� pfroposed S �� Total new Estimated Project Cost -' , 00 Zoning District Flood Plain Groundwater Overlay Construction Type �J e 03 m ti " Lot Size Grandfathered: ❑Yes ❑No If yes,attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure .20 H(�S Historic House: .❑Yes QIo On Old King's Highway: El Yes "No 0� , Basement Type: Full ❑Crawl ❑Walkout •❑Other Basement Finished Area(sq.ft.) d Basement Unfinished Area(sq.ft) � Number of Baths: . Full: existing 0 new b '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:0 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 �-'��i 4-roL Proposed Use Sar re., BUILDER INFORMATION Name t t C �1 JO Ct�t G7 Telephone Number 6-05 S 3 �% t 2 3 Address , ' �C ' S License# C 5 - 2, / ® ct f �M �'2 5 3L Home Improvement Contractor# 7 y 7 .i Worker's Compensation# .ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO SIGNATURE DATE Ga�'r7"c� �j/�d��p-r�t3 • - FOR.OFFICIAL,USE ONLY " ' }'�RMIT NO. Y�� DATE ISSUED t _ MAP-/PARCEL NO. ADDRESS i' l _i VILLAGE - OWNER DATE OF INSPECTI FOUNDATION 3 r.c FRAME �s ' 1 �m ' '�c> INSULATIQN'- 2 2l�47 -•. s , FIREPLACE _ ELECTRICAL: ROUGH FINAL' PLUMBING: ROUGH ' FINAL GAS: `ROUGH FINAL ' FINAL BUILDING- DATE CLOSED OUT - < ASSOCIATION PLAN NO. 't S S a✓ � 5 ram- Ci 3c, - - i . + i 4 � s t ` t } I if + 1 ;�- i i ' e l i PROJECT TITLE . Prvl osCA Dctiur<,'(ati c- 311 O:Ln L.-ilcucayc tart 's vsr-� It' D.C klL Rtq� vcW� 4:C'Posts i Li Y SO14TS I '0 C LFSTS• - PREPARED FOR Can,-r Y. .. •ri 1!'•L_tlly �qLu ( ,kj�4 Rom• 1 I ' ...II il's mado DI,wo4d,wD're your-Fnel%__-_ y[ y�;cci '^c•-� .(5 0?I207340� SCALE G- I LL 0 DATE DWG NO. DESIGN Sio(.v-wJ 7 CHECK J DRAWN .108 NO SHEET OF p � v o N � Y ar � � The Commonwealth of Massachusetts Department of Industrial Accidents -_ �� �. Ofi�ct;otlmrestigatiaos -- 600 Washington Street - Boston,Mass. 02111 Workers, Com ens on Insurance Affidavit I / L name: location: ` C �C` lt440(f 4 _ nhone# 5 3 9 Z 3 city ❑ I am a homeowner performing all work myself: Tama sole propn'etor and have no one workin in anv acity ' ensation far my employees working on this job. : :::::.:.::::.:::::.:,....;:.:...::... ❑ Pl. ...::::.:: s me:. :::...: ...:...: :: . . om an v n :;;:::....: c ss. hone#. ::;::::;.; city- of insurance co. • ❑ I am a sole proprietor,general contractor, or homeowner(circle one)and have hired the contractors listed below who have the following workers_compensation policew .:-:;.:;::;,:?;:::: �n a m an v MO. .. . .... . coin ........... .. _. ....�::,•::•::::.�::....:;.,.;.:: ..... . ...:.r: ................. dress. X. .. ... ..... ... ,........:::.::::r.9t.......•r..:............................. .................................................... :::::::.......:::....... :..:::.<......................... :::: ii:4i:•::4:•i::•:i?:?:isiii`ii:i?>:Jii:::iii:�i{i::ni$:::::::::::::::::::::::::1:::::::::::::'::::.,ti:.....fii%•Y.N:•i:'•';:L,v,;yy�:i ...... ........�::::.:•.:�::::::,�:ii;{ibi:i4i:4iii::ii<Li:•:iniw;:::::::::,�:w:::n............... ..::::.�.................•.::..:::::::.i•.:n.ry:•w. ............. .... .. .. ..... ......... ........ ....... ..............:..::r v:x:::::::::::::w::::r::: vv::v:w:::rx;:..:.::r::'hwtiw....... ............ ................ v�name:'• .. .....:::...:........ :::::.:...... . .... ...... ............................... XX address- --one ............. ..... ' ............:::::. city:... . .. ....... .. .. :. ......................................... ..:. ............... ::..:..::......:. .. ........ ............ ia�aranc SM Failure to secure coverage as required mmder Section 25A of MGL 152 can lead to the imposition of criminal peuaifles of a Sue . to 5 ersta00 and/or o�yam,imprisonment as s re as ed penalties in the form of a STOP WORK ORDER and a fine of SI00.00 a day a;airut me. I understand that a the Once of Investigations of the DIA for coverage verification. copy of this statement may be forwarded to 1 do hereby certify trader the pains and penalties of pedury that the information provided above is trrep correct C Date `-'� •Signat�^� -•1- �� O t! d a vy Phone# ,7,� 7 '_ 1� 3 r Print name offldal use only do not write in this area to be completed by city or town official perndtllicense f; � :83F ding Departrnentcity or town: �°g Bowctmea'a Oificecheck if immediate response is required Health Department (contact penon• phone#; Other (reused 9/95 PIA) . ' ` �i�e �omt�nooziaealdi a�✓�vaoaa�ivael� BOARD OF BUILDING REGULATIONS ;.I License CONSTRUCTION SUPERVISOR �! Number 060214 'i! �BIrtF►da�Msa4129/1959 9/2001 Tr.no: 9115 @cted To: 00 ERIC V LUBRANIY - W PO BOX 185 E FALMOUTH, MA 0236 I . • Administrator r r _ I PROJECT TITLE nn 11 f'rU'US�U\ �cNur< tuti 31�rc 1v�c. 32.3 nwt a bG /tiG ' I 4t(, d'USc3 i � j Zl Y Zolsq 11 "O'C. L'1 Sc,', PREPARED FOR ado of,'Odd wore your-meti___,_ STGVL':_ ( 201340.. SCALE = ' 0 xt DATE DWG NO. DESIGN S,'Obtt^wJ CHECK v DRAWN .108 NO SHEET OF ty PROJECT TITLE Pp a-x,c IjjjNo ." i&L f 323 .:•CIiNSTG,�a.0 20. •\ 0 1 Do \ O IJ bcmo f 'i! C.; w'-- > Q(_; :'LC /S.,U'l ,I e. (cr: . ij) I 1 I S (-K) (cwf' l P REPARED FOR ��"11f ifs mado ofwood,wo're your-ineli�L i 'STGV G'. -�:_y:7 y'��'��:_} �i•... ` )420:1340.: SCALE .�= • � I I• I 0 Sc (UivG� FLU(L h� Cti_J ; J`I � DATE DWG NO. DESIGN CHECK 2- DRAWN. .108 NO SHEET OF PROJECT TITLE -r 32 71 CG.Su'cn. -A2t1 S �. L, � I .�iv`'�U. E,c.•.'otNS ��""door, _ ir- PREPARED FOR ,.oGZ iCs made OQwo'0 ,wo re yoUt-ineii__`.. (65 M rtSCALEyy' , I 0 •r— ( � i. I' DATE DWG NO. �IR ST wU(L �hGti /(.t ( _ DESIGN CHECK I DRAWN JOB N0. SHEET OF 7 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION g2 Lct _ Map 3 10Z Parcel 1 D Permit# n Date Issued o Fee d ©0 Tax Collector Treasure al - tz Planning Dept. Date Definitive Plan Approved by Planning Board 1 listerie­AKH P-resewat+eA/#yaeais Project Street Address 5 Rb - ,2�k Village N 5 Owner Address �� t3rt-kAJS7)WLE R6, / "A3 Telephone Permit Request j:�j S . S rrC L- eAazx/ ox-S e 'g�• '"bBL� �) Square feet: 1 st floor: existing proposed 2nd floor:existing proposed Total new Estimated Project Cost �a Zoning District Flood Plain Groundwater Overlay Construction Type W 1� Lot Size Grandfathered: ❑Yes 0,W If yes, attach supporting documentation. Dwelling Type: Single family ❑ Two Family ❑ Multi-Family(#units) � Age of Existing Structure Historic House: El Yes' QKo On Old King's Highway: ❑Yes amo 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 UKes ❑No If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name I-M�� T-7& 2O WA G7�Telephone Number Address 16 q-6' /U(_4Y7h SA/ 12d License# G 6 (7 a '7C/9 Jd&3 Home Improvement Contractor# C. 1 Oy 9(/0 Worker's Compensation# (9 (0 �l ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 5' SIGNATURE DATE 0/51p)ZZ__r k,r r FOR OFFICIAL USE ONLY ° - o PER141T NO.' _ t DATE ISSUED } MAP/PARCEL NO.' P ADDRESS VILLAGE OWNER DATE OF INSPECTION: 1^9 t ' FOUNDATION FRAME r• INSULATION FIREPLACE '' ELECTRICAL: ROUGH FINAL` PLUMBING: ROUGH " ' FINAL GAS: ROUGH 5_ FINAL FINAL BUILDING r ' Af DATE CLOSED OUT `,ASSOCIATION:PLAN NO. The Town of Barnstable sAsisTVAJM=Z = Services 9 NAM �' Department of Health Safety and Environmental 1619. ,e Building Division ' 367 Main Street,Hyannis MA 02601 ' Ralph Crossen Office: 508-790-6227 Building Commissiore- Fax: 508-790-6230 For office use only Permit no. t Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the "reconstruction, alterations, renovation, repair, modernization, conversion, improvement, removal, demolition, or construction of an addition to any pre-existing owner occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors, with certain exceptions,aloe with other requirements. Type of Work: � � sf��l 6) - - Est.Cost Address of Work: Owner's Name �1 i Date of Permit Application: I hereby certify that: Registration is not required for the following reason(s): Work excluded by law Job under S1,000. 4 Building not owner-occupied Owner pulling own permit t Notice is hereby given that: UNREGISTERED OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH CONTRACTORS FOR APPLICABLE HOME WORK DO PRO ACCESS TO THE ARBITRATION OR GUARANTY FUND UNDER MGLO 142A� SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner:. ;� I - * pa4 D O 11 Contractor Name Registration No. Date - �� ei4PlZZ' n�C p . OR _ n.W"Pr'S Name The Commonwealth of Massachusetts i� �.+ Department of Industrial Accidents - _ •7 • .� ., ....,,,r.,,. .. O//IY�Y///Ilri�ll/e81/QI/i^ - ... ... ,.L;.. .. _.._.._. -`fpn 600 Washington Strtcet y Boston,Mass. 02111 Workers' Comyensation Insurance davit // n can "ornnitl� m���/D%%''///i7�///%� , »- name: % �1/�-1L l�'1'1 RV4, ,L/ 4tn� ® 014-S)7G43 location: 3 073 d 5l,, )'l.S7Ct bk ec(- city hone# S ❑ I am a hoiUmma performing all work myself. ❑ lam a sole proprietor and have no one working ina.�n�v ca acity ------------------- NV/NH.. I am an emplgver providing workers'compensation for my employees working on this job. eomaanv name: 04"MAJ =X4d0 ✓>E wain address: �!o y� /1L�![��?3/1�� I<Lr.` ;:.,;..:.... : . ... . .... . ... . ":"' Cftw CO ZU[r Plato3s phone# insurance ca. oiicv# WC tp G i,.•. ❑ I am a sole proprietor, general contractor, or homeowner(circle one)and have hired the contractors listed below who have , the follo«ing workers' compensation polices: eomaanv name- addrew city ohone#• insurance co. ...: eomnanv name: address: city- ... phone#r :>::••..;;:::.;. : ;::.. insurance co. olicv# r x# ss %%/%%/,%%111ell/G/ / / Faaure to secure coverage as required under Section 25A of MGL 152 can lead to the Imposition of erbninal penalties of a ane up to s13oo.00 and/or Me years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a One of 5100.00 a day against me. 1 understand that s copy of this statement may be forwarded to the OMce of Investigations of the DIA for coverage veriamtion. I do hereby terrify under the paves and penalties perjtery thar the information prosided abovr is tra,and coned sigaat,,.rl — Date 7/- C) Print nameEtieK V. RA s C H_131 Phtme 0 9 oindal use only do not write is this era w be completed by city or town otttcial city er town• permitAlcense ❑Building Department ❑Licensing Board ❑check if immediate response is require ----- -_-— DSdeeEanm's 0t>Sa -- ❑Health Department contact person• phone It; _ ❑Other (rrmm 9,95 PJAi �//e �arrz�»zarzzuetz/�� o`'..�G�iJ::ac/uJetld > A Number; ✓lie�aammoxz�eal!/o�✓�aaiae/walla RestrlCt?dj TO: 1'•j HOME IMPROVEMENT CONTRACTOR ►x /THOMAS CAPr`c` Registration 100740 :645 NEid?DW'+ ;iG Type - PRIVATE—C6RPORATION Expiration 06/23/00 -._- -. APIZZI HOME IMPROVEMENT, I C as Capizzi, ST. ADMINISTRATOR ibg� Newton Rd. C-tu-i t MA-02635 _ — --- _._. ✓>Cze �!anzrrzoraurea`�/r o/'� l/lad:lati'�rrJetl�t Tye DEPARTMENT OF PURL?C SAFETY 7.. •CONSTRUCT-ION SUPERVISOR LICENSE Number: Expire:: Restxic ed To: BB THOMAS X CAPIZZI JR 286 PERCIVAL OR _W BARNSTABLE, NA 02668 ^-�` �•� ✓11C '60fl1b).#?vnlL,eQ11I o/ .("GlkiJ(L(J/1LCJP, I DEPARTMENT OF PUBLIC SAFETY 1 CONSTRUCTION SUPERVISOR LICENSE, 1iNumber: xoires: Restricted To: 0e J `RtOERIC�V RASC iI: i060.80URNE.RD_._ �"` ----PIYMOUTH—AA_02360 -_ s F r i c �l i Engineering Dept. (3rd floor) Map 3 1 0 Parcel a e it# -0 -, House#" Date Issued /,2 '/b 96 Board of Health 3rd floor 8:15 -9:30/1:00-4:30 Fee . Conservation Office(4th floor)(8:30-9:30/1:00-2:60) f'k5dQ Planning Dept.(1st floor/School Admin. Bldg.) THE►p;_ Definitive Plan Approved by Planning Board 19 • BARNSTABLE. TOWN OF BARNSTABLE 'ED ''`� Building Permit Application Prolec Street Address 3 cR r N-s d-c,o - Village Owner Address Telephone S y - 4 - U Pe it Request ����ti u� ��� i o'y S `,4 ✓`L�-ice �, ���. i First Floor 6­0 square feet Second Floor square feet Construction Typev Estimated Project Cost $ 3t> Zoning District �ea 1.�� �' .�/a�t""Flood Plain Water Protection Lot Size i- Grandfathered ❑Yes ❑No Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House ❑Yes WKo' On Old King's Highway ❑Yes ❑No Basement Type: 21Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: Existing New Half: Existing New No.of Bedrooms: Existing '- New Total Room Count(not including baths): Existing "" , New First Floor Room Count Heat Type and Fuel: ❑Gas �61 ❑Electric ❑Other Central Air ❑Yes @,Ko- Fireplaces: Existing New Existing wood/coal stove ❑Yes pro Garage: ❑Detached(size) 0""C'�_ Other Detached Structures: ❑Pool(size) ❑Attached(size) ❑Barn(size) ❑None ❑Shed(size) ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# `�.°l - `� Recorded®/ Commercial 9"(fes ❑No If yes, site plan review# P Current Use (��. -L w�� i Proposed Use G �- Builder Information Name Telephone Number G I�T Address alv_e_ License# �tg- �Xo30 Home Improvement Contractor# All Worker's Compensation# OC.,�2, -3 N NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO kc SIGNATURE MCt�t ldv—,d f L, DATE V�C BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) L FOR OFFICIAL USE ONLY _ r t 1 PERMIT NO. �/ 86 DATE ISSUED , MAP/PARCEL NO. i - - ADDRESS VILLAGE OWNER DATE OF INSPECTION: f ', FOUNDATION FRAME s INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ,: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT f ASSOCIATION PLAN NO. j` The Contmonwealth of Afassachusctts Department of•Industrial Accidents t� l ` 8Me of/nvest/gat/ons 600 Washington Street a' '" Boston, A1u.vs. 02111 Workers' Compensation Insurance Affidavit �nphcant information• Please PRINT lebl�lv , name• " loc•ttion• cite phone I am a homeowner performing all work myself. I am a sole proprietor and have no one working to any capacity vi.,... rr '"?' .1^CJ""`Y.Xsesx..:�a�RT T+r"�sav'�'. +'L�,,,v a±n_..Y,{�'w+<. pry.....o �'m+^v�9aysw..a++�•s.�.,.+�•.nwAF1�'•"y^'"�+>�. r.,�•!'�.. ..,-.,er-..p;. ..... .._ Le• - .-..,•....aut..:.ut:.'•rsi ai.n.was :��-- °��'''' a�;:r' '����,=:;,.�:�:�.• iri-..�:: - r�..rr......w......._._.r....... I am an employer providing workers' compensation for my employees working on this job. company name: address: city: Phone#: insurance co policy# I am a sole proprieto , beneral-contractor, r homeowner(circle one)and have hired the contractors listed below who have the following workers' compensa on polices. coin any name- 4. address• city i ! +� d6 �2 phone#• to i=5-2-/ '-'�o��15 "nsuranceCo. •••.... —S' " 'r^-•^ter•,-R�-�.a•_.-,n a<r w.,.• �r n r.r• _._:.__a._..::.:_.,.a..4.�.:::�.-'---- ...►_ :...b..s:.._...:..�a..::..s�:..:,,..:ar.:...:...?F" �.:�-:t:•�►.ar-h:si�.,.>.�._ c�...-._.. ul:,.:,irr�;:rari�s{ �:�,.-' company name: address: city: phone#: insurance co policy# �Afiach aJJitianal_shcet if Failure to secure coverage as required under Section 25A of NIGL 152 can lead to the imposition of criminal penalties of a fine up to S1,500.00 andior oneyears'imprisonment as well as civil penalties in the form of a STOP NVORK ORDER and a fine of S100.00 a day against me. 1 understand that a cope of this statement ma% be forwarded to the Office of Investigations of the DIA for coverage verification. 1 tip hereht•certify under the pains and penalties ojperjun'that the information provided abov 's true and correct. / SSiienature Date . �'� — f 0 �intnarne `7'. i/��w _� Phone rofficial use only do not write in this area to be completed by city or town official :. citp or town: permit/license# r-lBuilding Department []Licensing Board I]check if immediate response is required OSelectmen's Office C)licalth Department contact person: phone#; nOther 1 (rmsed x");rJ.a; . Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation.for their employees. As quoted front the "law", an einph ree is defined as every person in the service of another under any contract of hire, express or implied. oral or written. An entploVer is defined as an individual. partnership, association. corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual , partnership, association or other legal entity, employing employees. However the owner of a dwelling, house having not more than three apartments and who resides therein, or the occupant of the dwellim, house of another who employs persons to do maintenance , construction or repair work on such dwelling house or on the ,rounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally, neither the commonwealth nor any of its political subdivisions shall enter into any contraet for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. ..�..,:.�-.w.�.,.._............�.-r. ...._....r .�... �•w,,..rw—+•�.._.�_ ^^'.,ww+....o_.�. 1 { •v'�yR"1K'4.wr+.•.?RLl .. 7.7 Applicants Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and supplying company names. address and phone numbers as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. ' Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. ..._.- _..... ..ri,ry c.y ...:..�... ..... .. . .....:.<,,,.. -r.,..>:,.—-...,.,�.�+.r-..---�°3Tr-.;zam.^�!r .�..,..,�,,...,,...-.--�.,.w.,,.--zn,+•*�•--- ,.••.*,.--•—...•--:�..,.w.,-..-::...,� City or Towns Please be sure that the affidavit is complete and printed legibly. The Department leas provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations leas to contact you regarding the applicant. Please be sure to fill in tite permit/license number whicli will be used as a reference number. The affidavits may be returned to the Department by mail or FAX unless other arrangements leave been made. The Office of inv6s'n ations would like to thank you in advance for you cooperation and should you have any questions, please do not.hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Office of Investigations 600 «'ashington Street Boston, Ma. 02111 ` fax #: (617) 727-7749 phone #: (617) 727-4900 ext. 406, 409 or 375 TO PHONE NO, DEC. 9. 1996 5:27PM P 2 i--ROM CUSTOM HOMES PHONE NO. : 617 329 6535 46267 (Ile V11, Aqmll,�VRI 0] RN " .101 02108 1 f. 18 t V CQNITIHIC11-011 (.1.S Tol ................. f 81't;V1",t1 T" R11,11) In f,P 11 1 Keep o p '1110 46267 lumbo r I F.x P i t Rf,! IA, H'Isr"Ilty only cS YARDY 110mel Failure P..euttitted to possess a cow.at efitfoll of the qvt Buzild'hq Code revoratjon of this 011441j P HORTON RVE Mh 0206 1,1 v M I M P R 0 V I.:M E,tJ 1 10 f 10 R R E G I S I'I At I Q 1'4 1 tkalr cl [W i J d I i1c) Rf.1r.'KJ 1fk I' i OTIS And $ta 11(hif 6a, Otiro AshbUl'i,011 PIZACJ? "" P06111 1301 02,108 1J(JW". 1MPW',)VPMr-AAT (.�0 N I !-�t)f,,' I OP L . ... . . . 1. t.i c;r i 'I 12 6 4 1 L x r X 0 4 4 9 'faw"mWw/d flaaMv I ype — PR I VAI E. C:W'�POWYI A.ON HOME IMPROVEMENT (100A t I Registration 112641 C U S 10 M I 10 M F`13, B I L 1,N 6 tr L)L V FL L 0 1 1 111C I Type - PRIVAIC CORPORA F Eviistion 04/14/9i S 59 M.)MILTON AVER MA 02026 j CUSTOM HOW BUILDING tt STEVEN F. PEIV w W9 RAP IL T ON AVE ADMINISTRATOR DEDHAM MA 02OZ6 -�1 TO- ?HONE 1,40. DEC. 9. 1996 5:26PM P 1 + FROM CUSTOM HOMES PHONE NO. 617 329 6535 From: STEVEN REID CUSTOM HOMES BUILDING & DEVELOPING, INC, Phone/Fax: (617) 329-6535 59 HAMILTON AVENUE DEDHAM, MA 02026 To: Company: Address: Date: Time: Pages: a2, (including this.one) Message: i v ©�� f.v" ION. a cgevrti�PwedPA yli • .ter .. N .. � aCAI I � 1 1 i P+'(01HO FWTMNriT - .ttf'VAn6 fMT n r N OWE OF BA !S E ZONING BOARD OF A PEALS +. AVPITION/MHPYMION Fop, . . .. ` t ; \ . ,qb �• %��I'-o1 vPiwvN jtx�6tN�ip 8Yr .i ` o°� 4g1F.►.2�MM12 �+•6^06HroN �wpc�tt»o� ONatTI Iwo t Ali xiNt� o - i - Fvu Iovr CPAWt.AGE &K&Tirii'F f v� .T r -ii 1 Gv PROJECT TITLE n A rV�U$�l� '<ttigf-S T14 Ix C 32-3 14`f t�tiU�S 4u�sS. } K,�:, : o- Lrcu c.EG — 2-13y�ti1z wL I , PREPARED FOR . Lfv- -LolsrS Il `0,L \zt sr'+ - k-w �*`� —Ztio LItiT 1 rp • -�31-_ .--- � - . �,_ ,;��r: -. - -- :ice_ '�-':+,wyl I „tic' ,-ter✓ -`jade of wood,w-o';e yoUt-melti_ SCALE _ 0 —- E E DWG NO. fGN S b c uminCK WN NO. SHEET OF PROJECT TITLE • _�:!kC ZOhJE 3zI 3 2.3._... R 02 ' � - STUQ 46G TRYN - CL,llilCrC.A3_<� I y�.S \u�u� posTS — I U ` •,o (wU—Nq CS � - . _ PREPARED.FOR Ize-pj � It Il's made J500)g%1340 ~SCALE Y DATE DWG NO. DESIGN CHECK DRAWN JOB NO. SHEET OF �'. 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Z, r y „Z�4 "�l• ry'Vt r�tS•P c 'i,. , wigqr� « " �� "� P'• �:' iT', r m � •''b? is Pa P'�' .A ��r ". t a r'' � _ n r a. �"k�? �,..L• � ",,)y''i`'"i ti � ,�xl s'� '. f.?3'rc�,..�•� st+� 5> ��'a�• � �•T... �`yt4•fi,�",•. w'i'Yi'z0i. 1Y�er r,�"�a vn t.•'� f '""'•r dt y ^ r';•f„n.r �ti5�@s��'� � Si`. •w rt;pa,.. „4; 93 � - i�.rc��'>• -. f es� •Z"35'''� ��ex}'�+��, '�t.�' _ _ ` '"°' 'L�y -:4 t 'a- {��{L-'_..•y";r 'oat - „'p'�' ^- `- ;R" b g� w wr,, '"� + ��nr i;���i��4��x"�r'!'�4`:ti4±�iF_ }}�,�Y�T � - -,a�•� f aY"•r��." ;� � 4�}4�'F° r : .. ,y4 L.7 b - r.. Y.y airy �4 v� �• ��,����� '^' ✓ �r fi¢Z.,�„p..N d 'Y y,, f m • ry�i�'��li •�� t. R" _ � `„� 3 ?c;r�" ,a. �°a•.��^��'�+'�°�.Y � `�" v ,»ST aI .� y •1C�, w7 � '•?tT+F V r Sfys.� « 'K!, ylrl �'�,-�• 2 wN �•i I Town of Barnstable Zoning Board of Appeals n Variance Decision and Notice Summary Appeal No. 1992-19 Applicant: Bernard G. Sykes, III Address 815 Main Street, Harwichport, MA 02646 Property Location: 323 Barnstable Road Corner of Baxter Road & Winter Street Hyannis, MA 02601 Assessor's Map/Parcel 310/138 Zoning: RB - Residential B District GP - Groundwater Protection Overlay District Property Owner: 323 Barnstable Road Reality Trust Address of owner Thomas Paquin 55 Sea Street Extension, Hyannis, MA 02601 Request: Modification of Use Variance #1991-42, MGL Chapter 40A, Section ,14 Activity Request: To modify; Condition #1, - to permit the building of a second floor on to the structure, Condition #2, - to permit the building to be occupied for retail on the first floor and office use on the second floor, and Condition #4, - to permit development without Site Plan Review Procedural Provisions: Section 5-3.2 (3) Variances, (5) Use variances, and MGL Ch.40A, Sections 10 & 14 (modify any order or decision) : Background: This decision concerns the request submitted by Bernard G. Sykes, III appealing to the zoning Board of Appeals for a Modification of Use Variance #1991-42 to permit the development of a 2,612 sq.ft, two (2) story building to be used for retail on the first floor and attorney offices on.the second floor. . The site is located within the RB Residential zoning District, but borders onto the Business Zoning District. The 0.39 area lot is occupied by a 1.5 story residential structure which has deteriorated due to vandals. The structure has been vacant'since 1986 and is owned by 323. Barnstable Road Reality Trust, Thomas C. Paquin. Thomas C. Paquin had originally been issued a Use Variance (#1990-19) in April 1990 for conversion of the use from single-family detached to office Use with five (5) conditions. This Variance was never implemented and in August of ` Decision and Notice Appeal No. 1992-19 1991, Mr. Paquin again appealed to the Board for a Use Variance to permit conversion from a single-family dwelling to a retail use. A Use variance #1991-42 was granted subject to five conditions. That Use Variance is still in effect but has not been implemented. Appeal #1992-19 requested that Use Variance #1991-42 be modified, specifically the conditions imposed and Numbered 1, 2, and 4. The modification is requested to: * allow the expansion of the building with a second floor * permit a retail use on the first floor and office use on the second floor, * permit more than 3 employees to work on the site at any one time, and * allow the development based upon a 1988 site plan. The applicant intends to have his retail business "summit Ski &' Bike Store', move from 269 Barnstable Road to the first floor of this building. Attorney Sykes intends to have his law offices occupy the second floor. Procedural summary: The application was filed in the office of the Town Clerk and at the zoning Board of Appeals office on March 24, 1992. A public hearing, duly noticed under MGL Chapter 40-A was opened on April 09, 1992. The public hearing was continued to April 23, 1992, at which time hearing was closed and a decision was rendered by the Board. The public hearings on this petition were held in the Second Floor Hearing Room of New Town Hall. The petition was heard by Board Members; Ron Jansson, Gail Nightingale, Betty Nilsson, Richard Boy and Dexter Bliss, Chairman. Attorney Bernard G. Sykes, III represented himself before the Board. At the Public Hearing of April 09, 1992, he explained his plans to redevelop the site with a two story building located on the same foot print as the existing vacant one and a half story single family dwelling unit. The first floor of which would be used to relocate the Summit Ski and Bike store which he owns, and is presently located south of the site at 269 Barnstable Road, Hyannis. The second floor would be used as offices for Attorney Sykes legal practice. Attorney Sykes submitted photographs of the existing structure noting the building deterioration and condition. He explained that the building was being continually vandalized and in deterioration by neglect and vacancy and by habitation by homeless and vagrants. structural problems were. starting to show and the general conditions were degrading the surrounding residential and business neighborhoods. Attorney Sykes, at -present, has an option to purchase the property. However, that agreement would only be executed if he is assured that he can implement the plans he has set forth to ensure the economic viability of the site. Attorney Sykes presented architectural plans of the proposed building. foot , print and exterior elevation titled "Addition - Renovation for: B.G.& Leslie Sykes, Scale 1/8"=1' and drawn by B. Laughton, dated March 21, 1992. The site Decision and Notice Appeal No. 1992-19 plan he presented with his application was titled "site Plan - Lot 1 (#323) Hyannis & Barnstable Rd. (Hyannis) " scaled 1,=20, , originally dated Feb. 04, 1986 with a last revision date of Nov. 17, 1988 and drawn by Norman H. Clapp & Associates. The Board expressed concern with the date and nature of development proposed by the original 1988 site plan and questioned if that plan addresses the requirements of the development being proposed in this application. The Board determined that the plan did not satisfy the development being proposed in this application and instructed the applicant to seek site Plan Review and approval prior to the Boards decision on the case. Attorney Sykes presented the Board with a letter dated April 07, 1992, from Wendy K. Northcross, Executive Director of the Hyannis Area Chamber of Commerce favoring the redevelopment of the site as presented by the applicant. The Board took public comment on the applicants proposal. John Shaw, a resident of the area favored the applicants request citing that the condition of the structure presented a health hazard. Paul camarrada, manager of summit Ski and Bike supported the proposal as did Robert Theodareus, an employee. Attorney Charles McLaughlin discussed the problems associated with the site and the need for it to be redeveloped. No one spoke in opposition. The hearing was continued to April 23, 1992 to allow for site Plan Review and inputs from that committee. At that hearing, Attorney Sykes submitted a Revised Site Plan titled "Addition - Renovation for: B.G. & Leslie Sykes, scale 111= 20, and drawn by B. Laughton, dated April 14, 1992. Site Plan, Certificate No. SP-07-92, dated April 23, 1992, and signed by Joseph D. DaLuz, was submitted to the file which approved the site plan subject to one (1) condition. That condition relates to the approval by the Department of Public Works of drainage calculations and information related to the plan. Attorney Sykes discussed the site plans comparing changes made between the plan submitted with the application and the one approved. The new plan reduced the site entrance to 25, and site landscaping including fencing, a' flag pole and signage. The plan, located in a Groundwater Protection overlay District, proposes 7,890 square feet of impervious surface and structure area, representing less than 50% of the total lot area of 15,491 being made impervious. This figure being in compliance with section 3-5.2 "Groundwater Protection overlay District" of the zoning ordinance. Attorney Sykes, projected that six (6) employees would be employed on the site. The Board clarified for itself the modifications being sought and the extent that those conditions imposed in the existing Use Variance would have to be changed. They are: 1. the creation of. a mixed use on the site of office on the second floor and retail on the first; 2. to add more than 1,500 square feet of gross floor area to the existing structure for a total of approximately 2,600 square feet; Decision and Notice Appeal No. 1992-19 3. to increase the limitation on the total number of employees from three (3) to six (6) ; and 4. to permit the development based upon a previous site plan. Given that the applicant has prepared a new site plan and that plan was found to be approved with one condition, this last condition has in effect been complied with for this proposal and the applicant is in compliance with the Use Variance 1991-42. Finding of Fact: Based upon the evidence submitted and testimony given, the Zoning Board of Appeals at its April 23, 1992 meeting unanimously found the following facts related to Appeal #1991-19: 1. The structure, in its current derelict condition, is in need of repair. Given the extent of deterioration, some of which is structural, it is not economically viable to rehabilitate the structure with limiting its square footage to 1,500 sq.ft. as now exists. 2. Furthermore, to make this project economically viable at this time, it is necessary that mixed use occur rather then limiting it to a single proposed use only. 3. The site itself boarders three (3) ways, winter street, Baxter Road and Barnstable Road, is one of the most congested areas within Hyannis, particularly during the summertime when traffic back-ups in the area are common place. 4. Granting the relief sought would not be detrimental to the neighborhood as a whole nor derogate the spirit and intent of the , Zoning ordinance if conditions were imposed that limited the uses to: a. one single office, that being law office limited .to one attorney and three support staff on the second floor; and b. one single retail business, limited to bicycles, ski and scuba equipment with no more than three (3) employees on any one shift on the first floor. Conclusion: Accordingly, a •motion was duly made and seconded that the Board grant the relief sought in Appeal No. 1992-19, to modify conditions of the existing Use Variance #1991-42. , All five (5) conditions imposed in the Use Variance #1991- , 42 are to be replaced as follows: 1. The applicant shall comply with all requirements and directives set ` forth in the site Plan Review letter dated April 23, 1992, including Decision and Notice Appeal No. 1992-19 that "drainage calculations information be provided to the satisfaction of Thomas J. Marcello, Town of Barnstable Department. of Public Works." 2. The building shall be constructed pursuant to the specifications, elevations and floor plans presented to the Board of Appeals titled "Addition - Renovation for: B.G.& Leslie Sykes, Scale 1/8"=11 and drawn by B. Laughton, dated March 21, 1992, however, the second floor shall be developed to accommodate no more than one (1) professional attorney with .not more than three (3) support staff for that attorney at any one time. 3. Retail use is limited to the first floor and limited to retail sales, repair and equipment related to the sports of scuba, skiing and bicycling (however excluding all motorized bikes) and that there be employed not more than three employees at any one shift for this use. 4. All access to the site is restricted to Baxter Road, with no access from Winter Street or Barnstable Road to the property. 5.. The site shall be developed in accordance with the approved site plan titled "Addition - Renovation for: B.G. & Leslie Sykes, Scale 111= 20, and drawn by B. Laughton, dated April 14, .1992, (site Plan, Certificate No. SP-07-92, dated April 23, 1992) . The vote was as follows: Aye: Betty Nilsson, Ron Jansson, Richard Boy and Gail Nightingale, Acting Chairman Nay: None Order: The conditions imposed in Use variance #1991-42 have been modified to read as presented herein Appeal #1992-19. This Decision and Notice along with Use variance #1991-42 should be recorded at the County Register of Deeds upon development of the- project. 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. This decision must accompany all request for permits. L <TrT. 1 - T •V\` �� 1` � 'nnXN'IIII J ' r ` i , - :1 • cr ld a x x Q y � tY "4w•�;r4• 3 S�� � .� J 3 Z 1 y :o Lam— B F-I OLJO Elm® ®� N __.._...fONT BLXVNTIPN 14,StNT hIDE ELGVATIpN T77- F-F5 �EFj b117C� C'.LEV/1'TIDN Fi/`.R F-LG'+%°TIA'i fp1 � (� r.• gr: 1 J"jlr...MAR ::3 r I IOLN CF tlJ.F.C>I' t /��� � .,,..�.: �:�ir,•,;� CF/`v;f�t:q'.�ii�ai Cry ,,' a3 "�ar � sl��I� 3 �o �3� 35��a s ppLswirrvczc� &the job site. 5. Approvals from the following departments are required Health Department Tax Collector Conservation Department Treasurer 6. Workers Compensation Insurance Affidavit form m the event the homeowner takes out the permit, subcontr 7. Energy Compliance Form S. Home Improvement Contractor Affidavit must be su 9. Copies of the following licenses are required: Cons Improvement Contractor's License-if anyone other t permit. 10. Homo Exemption Homeowner License Exem lion Form must be subm" contractor or builder for the project. 11. Fee must be paid upon submittal of application. NOTE:No wall is to be covered before wiring,plumbing an� n•f r,.,c•R aAAalt Town of Barnstable Zoning Board of Appeals variance = Decision and Notice Summary Appeal No. 1992-19 Applicant: Bernard G. Sykes, III Address 815 Main Street, Harwichport, MA 02646 Property Location: 323 Barnstable Road Corner of Baxter Road &Winter Street Hyannis, MA 02601 Assessors Map/Parcel 310/138 Zoning: RB - Residential B District GP - Groundwater Protection overlay District Property owner: 323 Barnstable Road Reality Trust Address of owner Thomas Paquin 55 Sea Street Extension, Hyannis, MA 02601 Request: Modification of Use variance #1991-42, MGL Chapter 40A, section 14 Activity Request: To modify; Condition #1, - to permit the building of a second floor on to the structure, Condition #2, - to permit the building to be occupied for retail on the first floor and office use on the second floor, and Condition #4, - to .permit development without Site Plan Review Procedural Provisions: Section 5-3.2 (3) Variances, (5) Use variances, and MGL Ch.40A, Sections 10 & 14 (modify any order or decision) . Background: This decision concerns the request submitted by Bernard G. Sykes, III appealing to the Zoning Board of Appeals for a Modification of Use Variance #199,1-42 to permit the development of a 2,612 sq.ft. two (2) story building to be used for retail on the first floor and attorney offices on the second floor. The site is located within the RB Residential zoning District, but borders onto the Business Zoning District. The 0.39 area lot is occupied by a 1.5 story residential structure which has deteriorated due to vandals. The structure has been vacant since 1986 and is owned by 323 Barnstable Road Reality Trust, Thomas C. Paquin. Thomas C. Paquin had originally been issued a use variance (#1990-19) in April 1990 for conversion of the use from single-family detached to office Use with five (5) conditions. This Variance was never implemented and in August of f Decision and Notice Appeal No. 1992-19 1991, Mr. Paquin again appealed to the Board for a Use Variance to permit conversion from a single-family dwelling to a retail use. A Use Variance 41991-42 was granted subject to five conditions. That Use Variance is still in effect but has not been implemented. Appeal #1992-19 requested that Use Variance #1991-42 be modified, specifically the conditions imposed and Numbered 1, 2, and 4. The modification is requested to: * allow the expansion of the building with a second floor * permit a retail use on -the first floor and office use on the second floor, * permit more than 3 employees to work on the site at any one time, and * allow the development based upon a 1988 site plan. The applicant intends to have his retail business "Summit Ski & Bike Store" move from 269 Barnstable Road to the first floor of this building. Attorney Sykes intends to have his law offices occupy the second floor. Procedural Summary: The application was filed in the office of the Town Clerk and at the Zoning Board of Appeals office on March 24, 1992. A public hearing, duly noticed under MGL Chapter 40-A was opened on April 09, 1992. The public hearing was continued to April 23, 1992, at which time hearing was closed and a decision was rendered by the Board. The public hearings on .this petition were held in the Second Floor Hearing Room of New Town Hall. The petition was heard by Board Members; Ron Jansson, Gail Nightingale, Betty Nilsson, Richard Boy and Dexter Bliss, Chairman. Attorney Bernard G. Sykes, III represented himself before the Board. At the Public Hearing of April 09, 1992, he explained his plans to redevelop the site with a two story building located on the same foot print as the existing vacant one and a half story single family dwelling unit. The first floor of which would be used to relocate the summit ski and Bike store which he owns, and is presently located south of the site at 269 Barnstable Road, Hyannis. The second floor would be used as offices for Attorney Sykes legal practice. Attorney Sykes submitted photographs of the existing structure noting the building deterioration and condition. He explained that the building was being continually vandalized and in deterioration by neglect and vacancy and by habitation by homeless and vagrants. Structural problems were starting to show and the general conditions were degrading the surrounding residential and business neighborhoods. Attorney Sykes, at present, has an option to purchase the property. However, that agreement would only be executed if he is assured that he can implement the plans he has set forth to ensure the economic viability of the site. Attorney Sykes presented architectural plans of the proposed building foot print and exterior elevation titled ,.Addition - Renovation for: B.G.& Leslie Sykes, Scale 1/8"=1, and drawn by B. Laughton, dated March 21, 1992. The site Decision and Notice Appeal No. 1992-19 plan he presented with his application was titled "Site Plan - Lot 1 (#323) Hyannis &Barnstable Rd. (Hyannis)" scaled 11=20,, originally dated Feb. 04, 1986 with a last revision date of Nov. 17, 1988 and drawn by Norman H. Clapp & Associates. The Board expressed concern with the date and nature of development proposed. . by the original 1988 site plan and questioned if that plan addresses.the requirements of the development being proposed in this application. The Board determined that the plan did not satisfy the development being .proposed in this application and instructed the applicant to seek site Plan Review and approval prior to the Boards decision on the case. Attorney Sykes presented the Board with a letter dated April 07, 1992, from Wendy R. Northcross, Executive Director of the Hyannis Area Chamber of Commerce favoring the redevelopment of the site as presented by the applicant. The Board took public comment on the applicants proposal. John Shaw, a. resident of the area favored the applicants request citing that the condition of the structure presented a health hazard. Paul Camarrada, manager of summit ski and Bike supported the proposal as did Robert Theodareus, an employee. Attorney Charles McLaughlin discussed the problems associated with the site and the need for it to be redeveloped. No one spoke in _opposition. The hearing was continued to April 23, 1992 to allow for Site Plan Review and inputs from that committee. At that hearing, Attorney Sykes submitted a Revised Site Plan titled "Addition - Renovation for: B.G. & Leslie Sykes, scale 1"= 20, and drawn by B. Laughton., dated April 14, 1992. Site Plan, Certificate No. SP-07-92, dated April 23, 1992, and signed by Joseph D. DaLuz, was submitted to the file which approved the site plan subject to one (1) condition. That condition relates to the approval by the Department of Public Works of drainage calculations and information related to the plan. Attorney Sykes discussed the site plans comparing changes made between the plan submitted with the application and the one approved. The new plan reduced the site entrance to 25, and site landscaping including fencing, a flag pole and signage. The plan, located in a Groundwater Protection overlay District, proposes 7,890 square feet. of impervious surface and structure area, representing less than 50% of the total lot area of 15,491 being made impervious. This figure being in compliance with section 3-5.2 "Groundwater Protection. overlay District" of the zoning ordinance. Attorney Sykes, projected that six (6) employees would be employed on the site. The Board clarified for itself the modifications being sought and the extent that those conditions imposed in the existing use variance would have to be changed. They are: 1. the creation of a mixed use on the site of office on the second floor and retail on the first; 2. to add more than 1,500 square feet of gross floor area to the existing structure for a total of approximately 2,600 square feet; Decision and Notice Appeal No. 1992-19 3. to increase the limitation on the total number of employees from three (3) to six (6); and 4. to permit the development based upon a previous site plan. Given that the applicant has prepared a new site plan and that plan was found . to .be approved with one condition, this last condition has in effect been complied with for this proposal and the applicant is in compliance with the Use Variance 1991-42. Finding of Fact: Based upon the evidence submitted and testimony given, the Zoning Board of Appeals at its April 23, 1992 meeting unanimously found the following facts related to Appeal #1991-19: 1. The structure, in its current derelict condition, is in need of repair. Given the extent of deterioration, some of which is structural, it is not economically viable to rehabilitate the structure with limiting its square footage to 1,500 sq.ft. as now exists. 2. Furthermore, to make this project economically viable at this time, it is necessary that mixed use occur rather then limiting it to a single proposed use only. 3. The site itself boarders three (3) ways, Winter street, Baxter Road and Barnstable Road, is one of the most congested areas within Hyannis, particularly during the summertime when traffic back-ups in the area are common place. 4. Granting the relief .sought would not be detrimental to the neighborhood as a whole nor derogate the spirit and intent of the Zoning Ordinance if conditions were imposed that limited the uses to: a. one single office., that being law office limited to one. Attorney and three support staff on the second floor; and b. one single retail business, limited to bicycles, ski and scuba equipment with no more than three (3) employees on any one shift on the first floor. Conclusion: Accordingly, a motion was duly made and seconded that the Board grant the relief sought in Appeal No. 1992-19, to modify conditions of the existing use Variance #1991-42. All five (5) conditions imposed in the Use Variance #1991- 42 are to be replaced as follows: 1. The applicant shall comply.with all requirements and directives set forth in the site Plan Review letter dated April 23, 1992, including Decision and Notice Appeal No. 1992-19 that "drainage calculations information be provided to the satisfaction of Thomas J. Marcello, Town of Barnstable Department of Public Works." 2. The building shall be constructed pursuant to the specifications, elevations and floor plans presented to the Board of Appeals titled. "Addition - Renovation for: B.G.& Leslie Sykes, Scale 1/8"=1l and drawn by B.. Laughton, dated March 21, 1992, however, the second floor shall be developed to accommodate no more than one (1) professional attorney with not more than three (3) support staff for that attorney at any one time. 3. Retail use is limited to the first floor and limited to retail sales, repair and equipment related to the sports of scuba, skiing and bicycling (however excluding all motorized bikes) and that there be employed not more than three employees at any one shift for this use. 4. All access to the site is restricted to Baxter Road, with no access from Winter street or Barnstable Road to the property. 5. . The site shall be developed in accordance with the approved site plan titled "Addition - Renovation for: B.G. & Leslie Sykes, scale 1"= 20, and drawn by B. Laughton, dated April 14, 1992, (site Plan, Certificate No. . SP-07-92, dated April 23, 1992) . The vote was as follows: Aye: Betty Nilsson, Ron Jansson, Richard Boy and Gail Nightingale, Acting Chairman Nay: None Order: The conditions imposed in use variance #1991-42 have been modified to read as presented herein Appeal #1992-19. This Decision and Notice along with use variance #1991-42 should be recorded at the County Register of Deeds upon development of the- project. 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. This decision must accompany all request for permits. f Town of Barnstable _' Zoning Board of Appeals'=.-'' - - Variance Decision and Notice 91 Al 0 Z= ------ --------------------------------------- Appeal No 1991 -42 -' Applicant Thomas C. Paquin ---------------- At a regularly scheduled hearing of the Barnstable Zoning Board of Appeals , held on August 15 , 1991 , notice of which was duly published in the Barnstable Patriot , and notice of which was forwarded to all interested parties. pursuant to Massachusetts General Law (MGL) , Chapter 40A, the applicant , represented by Attorney Richard Anderson , appealed t.o the Board for a Variance , pursuant to the Town of Barnstable Zoning Ordinance , Section 3- 1 . 1 to allow for the change in use of a structure from a single family dwelling to that of office or retail use . The applicant ' s site is shown on Assessor 's Map/Parcel Number 310/ 138 , and more commonly located at the corner of Baxter and Winter Street , Hyannis , MA and is zoned Residence B and GP Groundwater Protection Overlay Districts . The applicant requested that the Zoning Board of Appeals grant a Variance for the conversion of an existing 1 , 500 sq . ft . vacant residential structure to offioe. .or retail sales . The lot upon which the structure is located is 0 . 39 acres . The applicant ' s request was heard by Board members : Ron Jansson , Bruce Burlingame , Gale Nightingale, Dexter Bliss and Chairman Luke Lally . Summary of Evidence: , At the meeting of August 15 , 1991 , Attorney Richard Anderson explained the background of this request to the Board , noting that a previous Appeal (Appeal #1990-19 ) was granted to permit a use change from residential to office with conditions . The applicant had tried to implement. the Variance within the one year time limitation but was unsuccessful in securing an office renter or purchaser of the building and site . Attorney Richard Anderson summited the Finding of Facts originally documented by the Board in the Variance #1990- 19 sighting that those facts still exist today . He. explained that the Variance was not implemented within the one year time frame allowed owing to the economic hardships . These factors , he concluded , give credence to the fact that a new variance to permit retail sale or office use is warranted and proper for the Board to grant . He further summarized that retail commercial would not be detrimental to the r ' character of the surrounding neighborhood given that the site borders on to Hyannis Barnstable Road , a major retail street . The applicant- desires to use the site as a. single office or retail store/services and would prohibit gas station , fast food. -services and restaurants from occupying the site and structure . The Board read into the record a letter of support form Mr . and Mrs . Chipoly , abutter to the property , that supported the granting of this request . Also speaking in favor of the variance was Officer Hubler of the Hyannis Fire Department who commented on concerns for the vacant structure as the target for arson and vandalism. He concluded that any use is safer than the present boarded-up vacant structure . No one spoke in opposition to the request . Finding of Facts : At the meeting of August 15 , 1991 , the Zoning Board of Appeals made the following finding of facts as related to the Appeal No 1991-42 : 1 . The general nature of the neighborhood immediate to the site is that of commercial ; 2 . The traffic conditions in this area are extremely heavy and would tend to detract from any residential use of the property ; 3 . The commercial neighborhood intrudes past the boundary of this properly to a depth of three hundred ( 300 ) feet along Baxter Road ; 4 . The property is and has further deteriorated from 1990 , it being a target for vandals and a hang-out for undesirables ; 5 . The utilization of the structure as an office or retail building by one tenant , and that retail use not being a heavy traffic generator in itself , would not be detrimental to the neighborhood ; 6 . Variance condition exist under Chapter 40A, Section 10 due to the - fact that the site is perhaps the only lot in the Town of Barnstabl.e that is actually bounded by three (3 ) public ways , two of which are heavily traveled commercial service roads ; 7 . The granting of a Variance , under the discussed conditions, would .not be in degradation of the spirit and intent of the Zoning Ordinance in view of the 1 ' commercial aspect of the surrounding area as well . as in light of .the traffic ; and 8 . The property is within a Groundwater Protection Overlay District . The vote on the finding of facts was as follows : Ayes : Bliss , Burlingame , Jansson , Nightingale , Lally Nays : None Decision : Based upon the information presented and the Findings of Facts at the meeting of August 15 , 1991 , a moti.on was duly made and seconded to grant the relief sought in Appeal #1991-42 subject to the following conditions and restrictions : 1 . The exterior of the building shall remain as present , without major structural alterations in appearance or additions to , except that normal and needed repair of damages and cosmetic improvements shall " ccur ; 2 . The building shall be occupied as one single office or one single retail space , by one single tenant limited to 1 , 500 sq . ft . of the structure and ,shall not have more than three ( 3 ) employees working at an.y one time ; 3 . Video sales and rental , medical offices , gas stations and/or automobile services and repairs , restaurant , fast food services and. convenience stores are prohibited from occupying the structure or site ; 4 . The applicant is subject to Site Plan Review approval , once a proposed use is determined and that review and approval shall be consistent with this decision and all other Zoning. Requirements , inclusive of the Groundwater Protection Overlay District and with all applicable Town of Barnstable Regulations ; and 5 . All access to the site is restricted to Baxter Road and under no circumstance is access to be permitted from Winter or Hyannis Barnstable Road . The vote was as follows : Ayes : Bliss , Burlingame , Jansson , Nightingale , Lally Nays : None Appeal #1991-42 is. granted subject to the conditions and restriction enumerated within . This Notice should accompany all request for permitting. Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter .40A of the General Laws of the Commonwealth of Massachusetts by bringing-an action within twenty days after the decision has been filed in the office of the Town Clerk. / - t--'� Chairman J ' r I' Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty ( have elapsed since the Board of Appeals rendered its decision in)theys above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this day of pains and penalties ofry- er d 19 under the P J Distribution: Property Owner Town Clerk To Clerk Applicant Persons Interested Building Inspector Public Information Board of Appeals BOOKM7 PAGE JiO 30341 Rcuu. O IN REGiS-W O OEE S IN COMPLIANCE WITH SEC. 11 CF TOWN OF BARNSTABLE CHAPTER 40A, M.G.I. ZONING BOARD OF APPEALS VARIANCE DECISION AND NOTICE ---------------------------------------------------------- - -- PETITION : 1990- 19 PETITIONER : THOMAS C. PAQUIN --------------------------------------------- At a regularly scheduled hearing of the Barnstable Zoning Board of Appeals , held on April 12 , 1990 , notice of which was duly published in the Barnstable Patriot , and notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of Massachusetts , the Petitioner , Thomas C.. Paquin , through Attorney Richard Anderson , petitioned the Board for a Variance from Section 3-1 . 1 , Use regulations of the Zoning Bylaw to allow a residential structure to be utilized for a single-office use. The petitioner ' s property is located at the corner of Baxter Road and Winter Street , Hyannis , MA and is shown on Assessors ' Map 310 as lot 138 . It is in the Residential B Zoning District . Mr . Anderson discussed the location of the property . The' site is bounded by a Business district along with the accompanying traffic . Mr . Anderson suggested that Variance conditions exist due to the topography of the lot . Mr . Anderson stated that he defines topography as physical features and some of the physical features of this lot are the proximity to many business and the heavily traveled roads with . much commercial traffic . Mr . Anderson stated that , if the Variance is granted , the footprint of the building will not be changed . There will only be a rehabilitation of the structure with a new roof , windows , etc . Mr . Anderson distributed photographs of the interior and exterior of the building . He described the . building as an "eye sore" and stated that if the requested relief is granted , the petitioner will greatly improve the appearance of the building.. Mr . Anderson commented that ne is aware that the petitioner must go through Site Plan Review before any work could commence . Mr . Anderson stated that he believes that the Petitioner would accept the condition that the ingress/egress from Winter Street would be discontinued . • BOOK7197PAGE �11 A letter of support from the Hyannis Area Chamber of Commerce , an immediate abuttor to the site , has been submitted to the file . FINDINGS OF FACT: Based on the information presented , the Zoning Board of Appeals made the following findings of fact : 1 . The general nature of the neighborhood immediate to the site is commercial ; 2 . The traffic conditions in this area are extremely heavy .and would tend to detract from arty residential use of the property ; 3 . The commercial neighborhood intrudes past the boundary of this property to three hundred ( 300 ) feet along Baxter Road ; 4.. The property is deteriorating and is a detriment to the neighborhood ; 5 . The utilization as an office building by the one tenant would not be detrimental to the neighborhood and the maintenance of the building in its existing style would in fact maintain the residential character of the neighborhood ; 6 . Variance conditions exist under Chapter 40A, Section 10 due to the fact that the site is perhaps the only lot in the Town of Barnstable that is actually bounded by three (3 ) public ways , two of which are heavily traveled ; 7 . The grant of a Variance , under the discussed conditions , would not be in derogation of the spirit and intent of the Zoning Bylaw in view of the commercial aspect of the surrounding area ; and 8 . The property is within a Groundwater Protection Overlay District,. The vote on the findings of fact was as follows : AYES : BLISS , BURLINGAME, . JANSSON , LALLY , NIGHTINGALE NAYES : NONE DECISION : Based on the information presented and the findings of fact , at a meeting held on April 12 , 1990 , by . a motion duly made and seconded , the Zoning Board of Appeals voted to grant the relief requested with the following conditions : 'l! OWbI BARNSTABLI&' • Zoning Board of Appeals BO ?a i NO'I4trltP,UBLIC•HEARING,;; Z D -i UXI)FALZONING BY-LAWS D C 3 w4 Mpcingog Apt�112,199att -< m ro sn p au ry ,s �'r m to to < -! !, A TiJBLICHEARING"WILL.BE`` i •• f.:Ta•811-peraona deemed interacted,br, HELD JON��THI9�pE�'{'[ION'A•�•�{ o affected by the Board of Appeals.under I' y ,s +( r. ��,�a l t rt w 0 -. Sect Ud of Chap..40A of.Genend Lawa : 8 00 ISM:3 Hari ,r 6`,, Q7 cp zs o S w 3 °� -1 0 -I v -i -I s ! * }« x15�t Z 0 3 3 3 O an a nitnonw iligfMasxachtlEetta� j 1 `, ? ,, r B ro ,a ro n ro ro ro ro w CD an sllAmendmem theretgryou grey O — — o N N rt `xere'�y riQiifi " 'r APPEAL N0.,1988 71" 8:15 P.M. Z N w o -• w 70cn w ro ro is ro cr �THEt BOARD OF r APPEALS,: m to cn c 0 rn to -• o �. c o -• c P i . PURSUjANTi TO AN. ORDER OF A, n Q 0 _ a r, •+ - .•► cn -• F.�,�•3V0,.1"011$,t-'O:30P.M,,,: REMAND FROM SUPERIOR, , al cn c (_ o '` ro — Walury8t:Mary,Ann'�Joluiaon' haver* p`COURT, HAS SCHEDULED`'A`t ! c w cD � -� cp cn n Q _n ju D O to.thezottingHoerdgfAppeals�:; HEARING.ON THE MATTER OF -" •* cQ 0 ro t 0 .« -0 : [ tigd#ota 8tiandeandei5ectiatif�l j s:COOLIDGE HOMES INC.,FOR A . r o o w o o tl' o o a3 CD cn cn f �F t(s Iftikl. REGULATIONS,' VARIANCEFROMSECTION3.21,'" Z - ai o - -� -� s w °i ro w .« cn -s 1< cn R. t�{tfL+� Ai."- sgtl i0110 Lot2$..s:• t PROFESSIONAL RESIDE O o �+ cn ro -• - ]r w 31 gelili�Rd,HgaluttsportltrutR�?= DISTRICT,`(,n MULTI•FAMILY• r' -+ - o ro w l zoning distnctai i f '; �•r j ,u• t',DWELLINGS,(e)MINIMUM�SIDE j _N_ o - - N ro 3 - 0 � - t A PUBLIC'HEARING`WILL'$E1- r,& REAR SETBACKS AND (1) m ro - cup cr ,� c j o ro HELD! 20N`I HI 4'�3I I'F�ON rpT sa PERIIVIETE 'GREEN SPACE,A' t; - s u - _• w a ,, •o:304P;�G'N s �k' MAP,342,, �.OT 3, '' 6Q, PARK ro ro ro << = ro -• c ro D -• n O 6 f si ,•STR')�ET,� AYANNIS IN` A a •-* APPEAVNO:'199019s� •43 P.1V); ,•t• PROFESSIONII Ir`�RESIDFNTIALSe � N u a -+ cp a es ep "• o - w zw9tas C;PaStlia has appe5led to the i? g DISTR �Si't cfitl , rr>,r ar+� T to a _ h _x rn c� a _. t ,� Vtti ,k>� O °i 0 0 - 7 CD Zoning Boald'of,Appeals and petitions i, t.aY• , baia wxr,x� ,., r N e o i'd'Ve ifiilt itilder Sectidii 9L1.1;'IIae,' A PUBLIC'NEARING 4 WILLt BE " Z O CD too + _ -I- *`RbgtitgtitSiisO'iatiRBzotiin' distii `totE' HELD':``O9;THIS PETITIOIY.AI'�yi " ro _ w to -• o N g M., _ allowaresidentialstcpcttfretobeuWized,,° 8 1S P.M.'Lf" �'�y.st�' .3 �' 'rfi f o to * o 3 CD CD CD � . CL as'a sutgie office use at Map 31C1 Lo[{' ^5'tt;,ter :., )p D w o cp u — ,� -• w `leg"aC the` Purer.+4 Baxter Rd„ t w 4,w +:�d f •< .+ w n — ro i Winter Sc,H aunts Mr an R$ zon,n p�'i THESE I;EARINGS`.WILL BE!' s f� m -U n -. x u u cn ► c I i+�s I j:HELD-IN THE SECOND FLOOR 0 ro CA. w d ro y O ro HEARING ROOM NEW TOWN 0 i i�il�l#I'tINC:.WILT BE'- ; s cn -, - sD r iV ;r HALL, 367.E-MAIN STREET,ift Z (n w CD ro ro — I, p t+ tear x, HYANNIS ' ON THURSDAY ' - 0 0 m Q. �p ro � � CD `tt t4tla tabikt z�d++rrr B ,I�B �t12v`1990.g ., �41'RSh. ,� -' •r .r N -• O U' u O w d AP.P&_ NO 1989.25/16 S:OOP.M.: ' ': , t j Y _q .+ ., .« -• o o CL 3 0, T$E �tOj� DOl;y ppPEALB t ,} Xou are Invited to be present - � o 0 .+ _. 0 A) co ro - SI•IA 'I'd?. f 1" c '>f?. jc►v:r,py r;."By order of the,?� � w w — ro > > .-« AN.ORDER OFi, t R. 4I D,','HA9.'.SCHEDULED A Zoning Board of Appeals e ° D '' w rt 0 o .+ HE ING N''iH* E MATTER OF°�' ` Luke P.Latly,Chairman ' u - CD A r -•.< u . .r o BERNAlFij; . .SMITH, COMPU : Zonin B rd of A Is (►I -* -• �+ CL u tD TUNE IN.C,rOR ORAT$D, FORf* j. .,.f, ,l4 n►tf�,mrn .s w _ o VARIANCE FROM SEeTION 3.3.6; ? IIULKREGULATIONS A D ;Ai TheBamstablelsatr�ot�ri t+E sr; ;, u < ci) d 3 March 29&April 5.1990 w a o a 6 (6), ,TO`'ELIMINATE'�OR - - - -. p, REDUCE `I•HE'TEN'(lo)'FOOT' ., GREEN``STRIP"`AND' FOR!''A`""i SPECIAL PERMPTpUttSUArTOs SECTION':` :3.6 y.�,:;'(3)A),. `f0': A LLO W""A 1nCOMPUTERIZED,'If AUTOMOIIILE"I FACILITY '•'MAP269,LOT 1t4,498 WEST MA IN""' ;. STREET,*'HYANNIS'''"IN' A"s' . HIGHWAY;BUSINESS,'"ZONI}�Oj�` DISTRCT. BOOK?197 PAGE i13 Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringing:.an action within -twenty, days after the decision has been filed in the office of the Town Clerk. Chairman I� Clerk of the Town of Barnstable, Barnstable County ssachusetts, hereby certify that twenty (20) days have elapsed since fhe Board of Appeals rendered its decision in the.. above entitled petition and that no appeal of said decision has.bee : filed in the office of the Town Clerk. ,iO`' ~4•.��` .• ti Signed and Sealed this ✓� day of 19 .. �_� . pains and penalties of erjury. Distribution: Property Owner own Clerk Town Clerk Applicant Persons Interested ' Building Inspector Public Information Board of Appeals .� TOWN OF BARNSTABLE 'J. SIGN PERMIT ` I ( PARCEL ID 310 138 GEOBASE ID 22707 ADDRESS w,"N V3 PHONE Hyannis ZIP LOT 2 & 3 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY ( PERMIT 11312° DESCRIPTION THE BICYCLE ZONE PERMIT TYPE BSIGN TITLE SIGN PERMIT Department of Health, Safety CONTRACTORS_: and Environmental Services ARCHITECTS: TOTAL FEES: $50.00- BOND $.00 ( CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE OWNER SYKES, BERNARD G TR ADDRESS 815 MAIN ST HARWICHPORT MA BUILUM'DIV O DATE ISSUED 1-0/31/1995 EXPIRATION DATE BY -` F ' DIVISION APPROVALS FOR ' CERTIFICATE OF OCCUPANCY TO BE SIGNED BY EACH DIVISION HEAD UPON COMPLETION BUILDING. 'DATE: COMMENTS: PLUMBING: . DATE: COMMENTS ' ELECTRICAL: - DATE: COMMENTS: GAS: DATE: COMMENTS: CONSERVATION: DATE: COMMENTS: OKH: DATE: COMMENTS: HISTORIC: DATE: COMMENTS: FIRE DEPT.: DATE: COMMENTS: OTHER: DATE: COMMENTS: TURN THIS IN TO THE BUILDING COMMISSIONER AFTER ALL SIGN-OFFS'ARE COMPLETED.A CERTIFICATE OF OCCUPANCY WILL BE ISSUED AT THAT TIME. a The Town of Barnstable pomit o. Department of Health, Safety and Environmental Services U MM _ Building Division date �� 367 Main Street,Hyannis MA 02601 fee Application for Sign Permit Applicant: Assessor's no. c;?/e' l&,P7 Doing Business As: Telephone Sign Location z G street/road: le W �� Zoning District Old King's Highway District? yes no Property Owner Name: S Telephone Address: Village Sign Contractor Name: �— Telephone Address: Village X��l Description Diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sign to be drawn on the reverse side of this application. Is the sign to be electrified? yes X no (Note: if yes, a wiring permit is required) I hereby certify that I am the owner or that I have the authority of the owner to make application, that the information is correct and that the use and construction shall conform t sions of Section 4-3 of the Town of Barnstable Zoning Ordinances. /J2-2 A Ste- Date S' ature of.Owner/Authorized Agent Size`(sq. ft.) Permit Fee Sign Permit was approved: disapproved: ' 7 F5 f w Date — Signature of B al - ' JOHN W. KENNEY ATTORNEY AT LAW 12 CENTER PLACE 1550 ROUTE 28 (508)771-9300 CENTERVILLE,MA02632 FAx(508)775-6029 4 The Town of Barnstable permit no 7 Department of Health, Safety and Environmental Services Building Division dated _ 1659. t. 367 Main Street,Hyannis MA 02601 fee, Application for Sign Permit Applicant: Enterprise Rent-A-Car Company of Boston, Inc. Assessors no. Map 310 Parcel 138 Doing Business As: Same Telephone (617) 935-5858 Sign Location street/road: 323 Barnstable Road, Hyannis, MA Zoning District 'RES B Old King's Highway District? yes no x Property Owner Bernard G. Sykes, Trustee Name: Corner Realty Trust - Telephone (508) 432-9000 Address: 490 Main Street Village Harwichport, MA 02646 Sign Contractor Name: Metro Sign & Awnings (508) 657-5567 ._. `f�elephone� Address: 214 Andover Street rify lmingron, MA 01867 Description Diagram of lot showing location of buildings and existing signs with d a n d s' a of the new sign to be drawn on the reverse side of this application. Is the sign to be electrified? yes x no (Not 'ring permit is required) I hereby certify that I am the owner or th I have the a on of the oApro, ake application, that the information is correct and that the use d construction s al conform tosions of Section 4-3 of the Town of Barnstable Zoning Ordinances. T A 8 9d" Z, K2,�I 4A Z— elj�.tr�-j ate Signatdr4 of a Autho ' Agent Size (sq. ft.) 07ZP, Permit Fee �O Sign Permit was approved: y disapproved: Date Signature of Building Official CAPE COD-. __ _ Ski Bi-ke-je- 1P _ 1� I I i .o J i (508)657.5567 FAX(508)657-6117 DESIGN • FABRICATION ♦ GRAPHICS Bud Robitaille 214 Andover Street President Wilmington,MA 01887 f r y , ZZ NT RPRI ly REN CAR f . ............. .._.. _,...__,._.__"____.__..s.�._._..v.,. ..: ..��s �..:..::r�__z..__.;�:e;n:a ::::e:,re,:c,=.: ___ _ L=i�...: x. o:�i b:,.�e.—. ....r..:.._...._._. ..-., .....a..a: L:_a �.�...:.::.:�....� .�..s�_.... —._.,.:..�.�.�. a.:vr.:..d - - _�E_� "�mi_�_._._�_�...,Zi. "4� �5�,�.�2.W�.� 3 �.._,:. ..,— _sue METRO SIGN CORP. 214 Andover Street. Unit 4. M4laington MA 01887 (508) 657-5567 r. G. t T r l I I WA: { � I T, - ° x r L. MA —NV � II4 'a O - {g _ S 3 fP S 1 V• + n� 1 — ,-: Off IV �:.. � �1/�' 8 _ f: _ a- 1 .e: �. _- ._..: lay n 5 x�951i _.. _..T. 1110 n:��.�.{7i I ME 1 - R:Mis - ao 1!WTHIMM = =T co I 7 V 1 - N LA P V L � L 1 .. Y 1 w�L t 5 'd - I t 'I S • i t y � 1 1 S 1 • 1 1� t. 1 eeri NJ f L Town of Barnstable Zoning Board of Appeals Decision and Notice :: Appeal No. 1995-75--Enterprise Rent-A-Car of Boston, Inc. Modification to Use Variance No. 1992-19 ` _ >_ Summary Denied Applicant: Enterprise Rent-A-Car of Boston, Inc.. Property Address: 323.Barnstable Road Hyannis MA Assessors Map/Parcel: 31-0=138 Zoning: RB Residential B Zoning District Applicant's Request: To petition the Zoning Board of Appeals for a Modification to Use Variance No. 1992- 19. The petitioner is seeking to change Conditions Number 2 and 3 to allow a car rental agency. Background Information: The application is for a Modification to Use Variance No. 1992-19. The petitioner is seeking to change Conditions Number 2 and 3 to allow a car rental agency, Enterprise Rent-A-Car of Boston, Inc. The locus is a 0.39 acre lot located at the intersection of Barnstable Road, Winter Street and Baxter Road in Hyannis MA. The lot is developed with a one story, 1,412 sq.ft. commercial structure which has the benefits of a Use Variance issued in 1992 to allow for retail commercial on the first floor, office use on the second floor and associated on-site parking. The office use was not implemented and only the first floor of the development was completed and in use. The applicant is proposing to change the permitted use from that of a mixed use office("Law office") and retail ("sales repair and equipment related to the sports of scuba skiing and bicycling")to that of a car rental agency with the potential on-site employment of 6 persons and associated car parking. A Site Plan for the locus and proposed activity has been before Site Plan Review Committee (SPR No. 68-95) on July 20, 1995. The Committee found the plan able to be approved with the following conditions: "... a letter be presented from abutter allowing easement for fence&catch basin or presentation of a plan to move both onto applicant's property in order to bring site into compliance. "Sign approved for change of message if under twelve feet in height; if higher than twelve feet; approved conditioned on ZBA approval." Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on May 25, 1995. A public hearing before the Zoning Board of Appeals was advertised and notices. The hearing was opened on June 21, 1995 and continued to July 26, 1995 at which time the Board denied the appeal. Board members sitting on this appeal were: Ron Jansson, Richard Boy, Emmett Glynn, Elizabeth Nilsson and Chairman Gail Nightingale. At the June 21 opening of the appeal, Attorney John Kenney represented the applicant. He noted that the site plan had not been reviewed as of this date and requested an extension of time to hear the appeal. The Board granted a continuance to July 26, to allow the applicant to complete site plan review. Zoning Board of Appeals-Decision and Notice Appeal No. 1995-75—Enterprise Rent-A-Car of Boston,Inc. At the July 26 continuance, Attorney Kenney was present and introduced Alice Whealan and John Lanzbom of Enterprise Rent-A-Car of Boston, Inc. and Bernard G. Sykes; property owner. The Board noted that a lease between the applicant and owner was submitted to the file for standing. Copies of the Assessor's Map for the area were submitted to the Board showing surrounding land uses in the areas. Attorney Kenney noted that the neighboring use to the north and east of the locus are commercial in nature. Those areas being zoned B- Business Districts. To the south and west of the locus it is zoned RB, Residential B District permitting single family dwellings only. He concluded that the uniqueness of the lot with respect to the surrounding uses and roadways-Barnstable, Baxter Roads and Winter Street established the conditions warranting the Use Variance and its Modification to a car rental agency. He represented that most of the vehicle rentals are pre-arranged and that no work or washing would be performed on the vehicles at this site. On-site storage of vehicles would be limited to from 5 to a maximum of 10 rental vehicles. The*maximum number of employees would be 6 at any one time. The parking ratios set forth in the Zoning Ordinance do not address this type of business and at site plan review it was determined to commit the front yard five spaces for customer parking and the back parking lot spaces for car storage and employee parking. Attorney Kenney stated that overflow parking for rental vehicles is provided by the corporation in j Falmouth. Cars would be carried by an auto transporter back and forth from this site to Falmouth as needed. Hours of operation would be from 8 AM to 6 PM and the office would be closed on Sundays. Attorney Kenney cited the structure faces the commercial street rather than the residential streets and is unique in that respect as well as having three streets adjacent to the locus. He concluded that the site is not suitable for residential use and that the modification if not granted would pose a hardship on Mr. Sykes and could lead to the deterioration of the structure similar to what occurred in the past. The Board questioned if the condition imposed by Site Plan Review, specifically the location of drainage and fencing on neighboring lot, has been satisfied. Attorney Kenney stated that the neighbors did not wish to give an easement and in place of that, he submitted a letter dated July 26, 1995 to the Board from Mr. Sykes, the property owner. The letter is intended as an assurance to the Board that if the appeal is granted and if indeed the fence and drainage structure are on the neighboring property, he would have them moved and relocated onto the lot. The Board questioned why the exact location of the leaching.basin was not verified by the applicant prior to this hearing. Ralph Crossen, the Building Commissioner commented that the easement requirement was made by the Site Plan Review Committee because that committee has no jurisdiction on the neighboring lot and can not approve construction or development on the neighbor's lot. The neighboring lot is residential. The locus before site plan review was that of the 1992 Use Variance. Attorney Kenney was asked to respond.to the traffic congestion situation. He noted that the site can be accessed by three roads, and traffic could be alleviated by utilizing Baxter Road and Winter Street. The Board commented that this is now the third use variance or modification at this locus that has come to the Board in recent history. The uniqueness of the site carries inherent dangers, specifically traffic congestion and the introduction of both on-site auto storage and auto hauling, including loading and unloading of vehicle onto a car carrier. The site being only 1/3 of an acre could be problematic with the addition of the hauling and parking of vehicle. Encouraging those vehicles through the residential neighborhood for ease of access could pose a problem to the residences. The representation made to the Board in 1992 have never been fulfilled, namely the office use and second floor. That Use Variance was granted to a deteriorated structure that was going to be render 2 �• Zoning Board of Appeals-Decision and Notice Appeal No. 1995-75—Enterprise Rent-A-Car of Boston,Inc. more safe, usable and pleasing to the eye. That was a primary,factor in granting the relief along with causing the locus to be more compatible with surrounding uses, including the residential use. The public was invited to speak, B. G. Sykes, the property owner spoke in favor, noting that$170,000 had been invested into the locus. The office use never materialized and the commercial use failed due to technical business problems. No one spoke in opposition. Finding of Facts: Based upon the testimony given during the public hearing on this appeal, the Board unanimously found the following findings of fact: 1. The applicant, Enterprise Rent A Car, is before the Board seeking a Modification of Use Variance 1992- 19 to allow for the locus to be utilized as a car rental agency. 2. The locus is located within the Residential B Zoning District and within the GP, Groundwater Overlay District. The locus has the benefits of an earlier Use Variance No. 1992-19 granted to it. 3. A major concern in issuing of this Variances is public safety. The applicant's proposed use of this locus would be in violation of that trust delegated to the Board to protect public safety because of the proposed intense use of the site and its corresponding increase in traffic and congestion. 4. Granting of the relief sought would be a substantial detriment to the surrounding neighborhood and derogates from the intent and sprite of the Zoning Ordinance. 5. The proposed use of the building and site would be detrimental in terms of traffic which would increase congestion and negatively impact the neighboring residences. Decision: Based upon the findings a motion was duly made and seconded to deny the request to modify the Use Variance No. 1992-19. The Vote was as follows: AYE: Elizabeth Nilsson, Ron Jansson, Emmett Glynn, Richard Boy and Chairman Gail Nightingale NAY: None Order: Appeal-Number 1997-75 has been denied. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. 9 1995 Ga Nightingal Chairman Date Signed I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this qel day of 95 udder the pains and penalties of perjury. f Linda Leppanen, L e , 3 PAR: R310 138. PA. - R310 143. PAR: :ID 144. KEY: '' 2a,7070 TAX CODE:400 KEY: 227123 TAX CODE:400 KEY: 227132 TAX CODE:400 s., SYKES♦ BERNARD G TR BORNSTEIN• STUART TRUSTEE AdRAHANI. MUHAMMAD S TR 815 MAIN ST 310 BARNSTABLE RD R E TRUST KAPS REALTY TRUST HARWICHPORT MA 02646-0000 297 NORTH STREET 300 BARNSTABLE RD HYANNIS MA 02601-000O HYANNIS MA 02601-0000 PAR: R310 436.001 PAR: R31C 174. PAR: R310 212. KEY: 329898 TAX CODE:400 KEY: 227427 TAX CODE:400 KEY: 227800 TAX CODE:400 PJYANT• RENE L TRS & FIRST NAT BANK OF BOSTON WJN„• DONG POYANT• MARCEL R TRS XBANK OF BOSTON P 8 NAVCY C P 0 dOX K 243 MISTIC DR N.E. ADM 01-09-04 MARSTONS MILLS. MA 02648-000O HYANNIS MA 02601-0000 P 0 BOX 724 BOSTON MA 02102-0000 PAR: R31U 213. PAR: R310 134. PAR: R313 133. KEY: 227819 TAX CODE:400 KEY: 227034 TAX CODE:400 KEY: 227025 TAX CODE:400 CARLSON• ROSANN FONTAINE• ANDREW F HILL• DOUGLAS 8 & LAURIE B. 164 LOCUST ST FONTAINE• SARAH E 12 WALNUT ST HYANNIS MA 02601-0000 335 WINTER ST HYANNIS HYANNIS MA 02601-0000 MA 02601—G000 PAR: R310 135. PAR: R310 136. 310 KEY: 227043 TAX CODE:400 KEY: 227052 TAX CODE:400 KEY: 22 PAR: R'22 132. 7016 TAX CODE:400 SHEA• JOHN J & LOLITA K CHALPARA• VASILI 341 WINTER ST FLAHERTY• JOHN W & HYANNIS MA 02601-0000 CHALPARA• ROSETTA FLAHERTY• M VIRGINIA 345 MINTER ST 18d LOCUST ST HYANNIS MA 02601-0000 HYANNIS MA 02601-0000 PAR: R310 137. PAR: R310 127. PAR: R310 126. KEY: 227061 TAX CODE:400 KEY: 226963 TAX CODE:400 KEY: 226954 TAX CODE:400 HALL, ALAN L LUCIER• PAUL E & KATTSOfF• HIIDA POISKY MiCHAEI F OCONNELL• ESQUIRE LUCIER. ELIZABETH A . 36 WALNUT ST RACKMAN. SAWYER & BREWSTER 171 LOCUST ST HYANNIS ONE FINANCIAL CENTER HYANNIS MA 02601-0000 MA 02601-0000 - BOSTON MA 02111-0000 PAR: R310 125. PAR: R310 128. PAR: R310 129. KEY: 226945 TAX CODE:400 KEY: 2269.72 TAX CODE:400 KEY: 226981 TAX CODE:400 VISCO. LAURIE A & LORRAINE MORRISON• JOHN B A SUSAN M CORCORAN• WILLIAM J 5d LEWIS RD 179 LOCUST ST CORCJRAN• ELAINE E HYANNIS MA 02601-0000 HYANNIS MA 02601-0000 187 LOCUST ST HYANNIS MA 02601-0000 PAR: R310 124. PAR: R310 123. PAR: R310 130. KEY: 226936 TAX CODE:400 KEY: 226927 TAX CODE:400 KEY: 226990 TAX COOE:400 DEVINE• ROBERT R CHRISTENSEN• HARRY C JR TRS MURPHY• JOSEPH B & KATHLEEN 44d WATER ST NALKE TRUST 25 BAXTER ROAD FRAMSNGHAM MA 01701-0000 19 OVERLOOK ROAD HYANNIS MARBLEHEAD MA 01945-0000 MA 02601-0000 PAR: R310 131. PAR: R310 121.00A PAR: R310 121.00B KEY: 227007 TAX CODE:400 KEY: 403227 TAX CODE:400 KEY: 403236 TAX CODE:400 CANTWELL• GEORGE & JANET F SCOTT• DUDLEY N & BETH J SCOTi• DUDLEY N 6 BETH J 15 BAXTER ROAD DBA DIP N STRIP 2 ACORN DRIVE HYANNIS MA 02601-0000 32 BAXTER RD UNIT A2 YARMOUTHPORT MA 02675-0000 HYANNIS MA 02601-0000 w _ - 1 PAR: R310 121.O�DC PAR: R310 121.00D PAR: R310 121.00E KEY: 403245 TAX CODE:400 KEY: 403254 TAX CODE:400 KEY: 03263 TAX CODE:400 MALCHMANP NELSON CLEVELAND STEEL CONTAINER CLEVELAND STEEL CONTAINER 42 WILLIAMS PATH 12818 COIT RD 12813. COLT RD W BARNSTABLE MA 02668-0000 CLEVELAND OH 44101-0000 CLEVELAND OH 44101-0000 PAR: R310 121.00F PAR: R310 121.00G PAR: R310 1i1.00F KEY: 403272 TAX CODE:400 KEY: 403281 TAX CODE:400 KEY: 403272 TAX CODE:400 PIETRO• DAVID EHART• DAVID 0 PIETRO• DAVID 5 EASTINGS RD 497 WEST MAIN ST. 5 EASTINGS RD BOURNE MA 02532-0000 HYANNIS MA 02601-0000 BOURNE MA 02532-0000 PAR: R310 121.00H PAR: R310 139. PAR: R310 381. KEY: 403290 TAX CODE:400 KEY: 227089 TAX CODE:400 KEY: 229265 TAX CODE:400 BERTOLAMI. LEO JR ROBERTSP RODGER E FAIRBANKS, IRMA 6 PROCTOR ST ROBERTS• GUYLAINE E 204 MARSTONS LANE ACTON MA 01720-0000 .1061 OLD FALMOUTH RD CUMMAOUID MA 02637-0000 MARSTONS MILLS MA 02648-0000 PAR: R310 140. PAR: R310 141. PAR: R310 120.. KEY: 227098 TAX CODE:400 KEY: 227105 TAX CODE:400 KEY: 226892 TAX CODE:400 FAIRBANKS• J RICHARD SR DELLARIO. ROBERT PORKKA• JONATHAN TR 8 C/O IRMA FAIRBANKS MICOZZI• NINO NELSONP NANCY L TR P 0 BOX 31 %DELLARIA LTD P 0 BOX"315A LECLAIR ROAD CUMMAGUID MA 02637-0000 159 CAMBRIDGE ST SHAFTSBURY VT 05262-0000 ALLSTON MA 02134-0000 PAR: R328 070. KEY: 244480 TAX CODE:400 PHILOPOULOS• JOHN TRS 9 VINIOS. NICHOLASo, TRS J B P HYANNIS• TRUST 200 STUART ST BOSTON MA 02116-0000 LEGAL NOTICES TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE.. ZONING ORDINANCE FOR JUNE 21. 1995 To all persons deemed interested in,or affected by the Board 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. 1995-73 Perkins James T. Perkins has appealed to the Zoning Board of Appeals for a Special Permit in. +. scordance with Section 3.1 A(3A)Home Occupation of the Zoning Ordinance to permit a lownmowerrepairand hobbyshop.The propertyis shown onAssessors Map 040.as Parcel 009,commonly addressed 12 Geraldine Road.Cotuit.MA in a RF Residential F Zoning District A PUBLIC HEARING WILL BE HELD ON THIS APPEAL AT 7:30 P.M. APPEAL NO.1995-74 Medeiros David and Cherie Medeiros have petitioned the Zoning Board of Appeals for a Variance to the Zoning Ordinance.Section 3-1.4(5)Bulk Regulations to pn t back. The property single.t an addition to a family dwelling that will infringe on the required 30 foot front yard� shown on Assessors Map 102,as Parcel 144.commonly addressed as 18 Hucklebeny Lane,Marston Mills.'MA in a RF Residential F Zoning District. A PUBLIC HEARING WILL BE HELD ON THIS APPEAL AT 7:45 P.M. APPEAL NO.1995-75—Enterprise Rent-A-Car of Boston.Inc. Enterprise Rent-A-Car of Boston:Inc.has petitioned the Zoning Board of Appeals for a I Modification to Use-Variance No.1992-19. The petitioner is seeking to change Conditions Number 2 and 3 to allows car rental agency.The property is shown on Assessor's ap in a3 RIB10.Parcel 138. commonly addressed as 323 Barnstable Road. Hyannis. Residental B Zoning District i A PUBLIC HEARING WILL BE HELD ON THIS APPEAL AT 8:00 P.M.. -- I APPEAL NO.1995.76—Burton MacLeod-Howard Johnson's-Duck Inn Pub Burton MacLeod-Howard Johnson's Duck Inn Pub has appealed to the Zoning Board of Appeals for.a Modification to Special Permits number 1990-27 and 1994-99 to remove conditions numbers for 3 and 5. The petitioner is seeking to allow the patio area to have an 308. awning and to adjust the seating limitations.The property is shown oa B Bues siness as Parcel 081.001 commonly addressed as 447 Main Street.Hya nn s MA in Zoning District. i A PUBLIC HEARING WILL BE HELD ON THIS APPEAL AT 8:15 P.M. i APPEAL NO.1995.77 EAC Disposal Inc.(Cape Resources Company) EAC Disposal Inc.-Cape Resources Company has appealed to the Zoning Board of Appeals the May 2.1995 order of the Building Commissioner to Cease and Desist the sale of any and all products from or through the site. The appeal is made pursuant to M.G.L Chapter f 40A Section 15. The property is shown.on Assessor's Map 100, as Parcel 008, and commonly addressed as 280 Old Falmouth Road.Merstons Mills.MA in a RF Residential F Zoning District. i A PUBLIC HEARING WILL BE HELD ON THIS APPEAL AT 8:30 P.M. These Public Hearings will be held in the Hearing Room.Second Floor,New Town Hall,367 Main Street, Hyannis. Massachusetts on Wednesday. June 21. 1995. All plans and applications may be reviewed at the Zoning Board of Appeals Office in the Planning Department,230 South Street,Hyannis,MA Gail Nightingale.CHAIRMAN' ZONING BOARD OF APPEALS The Barnstable Patriot June 8&June 15.1995 • i X , -'; .''• - .1R a 7 •� , Y �e r - a x : , 1_ r Tf , 5 ,r 4, y 4w 40, ., ', .. �I r �w JI'.x, Fe r Al Uio rf x v, , .., S - r , dFlo N r , »s. a s a t 33i W ` x i „ . v yA . AREA PLAN . W SRE CONTROL POINT SCALE ,•.e ao'. L-, q EXIST. POLE NAD 83 LATI M N41'39e41.91' LONGITUM W70'1T 9.74' 1' CHAPPED. HYANNIS MA .SCO2 SITE ADDRESS AREA PLAN ENGINEERING 0 03 01 17 REVISED ADDRESS AFL CS CA. POLE ASSOCIATES;LLC A 2 17. DRAFT LEASE EXHBIT . .. DLW CAS CA LEASE EXHIBIT BA NSTABLE RO Civil•Structural-Land Surveying " _ 0. DATE REVISIONS BY CKK APP-D NOT FOR CONSTRUCTION PRaECT NO: .DRAWING NAME DATE LOC.CODEMRFV3HYANNIS,MA 02601NOTTo03j01/17 S6401 'LEASE EXHIBIT THIS LEASE IS SCHEMATIC IN NATURE AND IS INTENDED TO PROVIDE GENERAL INFORMATION REGARDING THE LOCATION AND ..SIZE OF THE PROPOSED WIRELESS PROP, LESSEE 12.0'0 x 38.77H F EXIST. lOP OF PROP. ANTENNA CWLL�BE FINAIIZEDCUPON COMPLETION OFF ANTENNA CLLASS 4/5 I' U/P #109-33 t AMS 37.4 ALL) SITE SURVEY AND FACILITY DESIGN. �1�OF PROP. ANTENNA _ PROP. LESSEE ANTENNA MOUNT DEL n 76.9't735.8 t AGQ. PROP. LESSEE 12.0:0 x 38.711 ANTENNA MOUNTED TO SIDE OF TOP OF UTILITY POLE u r EXIST. CLASS 4/35' U/P:#109-33 — — EL 70.Bt FT (29.7t AGL PROP. LESSEE ANTENNA MOUNT TOP OF LIGHT SENSOR PROP._LESSEE FIBERGLASS EXTENSION EL. 70.4—M L�29.3 t AGL PROP. LESSEE WEAIHERHEAD _ EXIST LIGHT MOUNTS PROP. LESSEE RGS B.3t AMSL �7.ZtTAGL 'EL 6. ' CONDUIT TO METER EXIST SECONDARY WIRE PROP. FIBER WIFE.TO RUN L 68.Oj AMSL726.9 t A FROM ADJACENT UTILITY POLE EXI T GUY WIRE ` O t AMSL (24.9 t"AGL EL 66. v, EXIST COMM WIRE 63.5 t AMSL (22.4 t AL coPROP`FIBER WIRE e; — E �E � 62.4 `r• EXIST GU Y • n i • EL 61 0 t AMSL (19.9 t AGL PROP. FIBER OEMARC . < .f. N - PROP. FIBER WIRE TO RUN PROP. FIBER IN 2' U-GUARD FROM ADJACENT,POLE PROP.)f COAX & AISG CABLE IN 2' CONDUIT/ U-GUARD cv PROP. LESSEE (2) AC/DC ' PROP. LESSEE 2 AC MOUNTED CONVERTERS MOUNTED " CONVERTERS BRACKET IN � PROP. LESSEE (2) RACKET --WITH RRH.8 DIPLEXERS MOUNTED.TO XISUNTED T.'U77LITYBO N 0LJ LESSEE (2) DIPLD(ERS LESSEE BACKSIDE OF RRH BRACKET. L E 532 AMSL X � 04 TOP 0 BEYOND WITHIN RRH BRACKET PROP. EL. _ {12.1 t AGL MOUNTED TO BACKSIDE.OF PROP. — - — LESSEE PCS do AWS RRHS BOTTOM OF EXIST. UTILITY BOX BEYOND :o RRH BRACKET O EL - 52.4 f AMSL (11.3 t AGL cr ' UNTIED TO DUAL SIDE F OW. U/ET PRO MOU PROP.LESSEE (4))1 PROP. LESSEE:SAR-0 MOUNTED PROP. LESSEE METER WITH ,—i--- WITHI RRH BRACKET 60AMP 2-POLE MAIN MAIN BLEAKER do _ COAX TO DIPLEXERS . - 2 POLE BREAKERS PROP. LESSEE PCS k AWS RRHS (2) 2QAMP ` PROP. LESSEE METER WITH MOUNTER TO SIDE OF EXIST.U/P l `_ 60AMP 2-POLE MAIN BREAKER' z WITH DUAL RRH BRACKET, - &.(2) 20AMP.2-POLE BREAKERS r GROUND LEI�EL PROP..GROUND..WIRE I . I EL.' 41.1't AMSL (0.¢AGL) PROP..LESS EE. . GROUND ROD ELEVATIONUCTURAL ANALYSIS SHALL BE PERFORMED ON EXISTING UTILITY SCALE: 1/8' 1'-0' ' L-2 POLE PRIOR TO.CONSTRUCTION 2 PHOTO ELEVATION S • SCALE• N.T. L-2 L' CHAPPELL HYANNIS MA SCO2 SITE ADDRESS ENGINEERING - ELEVATION O ,03 m 17 REVISED ADDRESS A,L cis cis ASSOCIATES,LLC a z n DRAFT LEASE EXNIBIT DLw cJs CJs LEASE EXHIBIT . . STABLE ROAD Civil Structural•Land Surve in NO. DATE REVISKINS EfY CLpK APPb NOT FOR CONSTRUCTION L R S,MA 02601 PROJECT NO. DRAWING NAME DATE LOC. CODE REV Y . 9 . 323 BA NOT 70 scAlE DESIGNED 8Y: CJS . DRAWN BY: OLW• ,'. 1460,039 L-2 03/ot/17 298401 0 HYAN LOCATE RADIO UNITS ON REAR FACE OF POLE AS DEFINED BY DIRECTION OF V TRAFFIC AS SHOWN PROP. LESSEE.12.0.0 x PROP. LESSEE_12.0'0 x 38.71H_ 367H ANTENNA MOUNTED re 3 _ ANTENNA MOUNTED TO EXIST. U/P. . TO EXIST.: U/P 11/16*0` L: EXIST GUY WIRES /. v 6-, { PROP. LESSEE 12.0.0 x 38.7H I ,PROP.LESSEE 16- 11/16- PROP. LESSEE (2) 13 ANTENNA MOUNTED TO EXIST U/P ' ANTENNA MOUNT .. . DIPLEXERS MOUNTED TO I o / 5- PROP. ANTENNA 8-. , BACKSIDE OF RRH BRACKET PROP. LESSEE (2) DELTA I EXIST. CLASS 4/35 - AC/DC CONVERTER MOUNTED I U/P/y109-33 I ` WITHIN RRH BRACKET EXI I. 'STREET LIGHT 5 - PROP:LESSEE POLE EXTENSION.: DETAIL p � . . FIBERGLASS EXTENSION SCALE: 1/2- = 1•-0" PROP..LESSEE METER WITH 60AMP. 2-FOIE MAIN.BREAKER do (2)`_ �, ,, PROP. LESStf 5 20AMP 2-POLE.BREAKERS o ", EXTENSION MOUNT L-3 T - — PROP. LESSEE DUAL o S£CO RY Z- �J_J PCS/AWS RADIO UNIT . ., 4,. , `d .• o. , ;°' EXIST CLASS 4/35" Xt-.COAX CABLE MOUNTED TO EXIST. U P♦- _, v U 109-33 EXIST S7REET UGH /. �# _ FIBER ----------t —. — c FIBER FRONTHAUL ANTENNA PLAN � 3 " `. : :� : ` �_ � ANTENNA MOU � 4 � � B�cK�AU� � � �� � _ � . . 1 • - SCALE 1/4" 1"-0 L-3 .NTT G DETA L SCALE 1/4- 't'-0' L-3 FIBER NEB F i J DIPLEXER Z I I Imo . 12.0*0 I RRFI PCs H AWH - (305 MM) co .. .. _ DELTA t DC ,�.. CONVERTER (TYP 2) ` . - ;.'' . y, _ •. , � - PCs: - I ' 0 UNR DUAL RADIO x 12 0lY z'7.2b' s * yr WEIGHTSIONS, . 51 LEIS METER SOCKET.WITH ATTACHED 60A-2 gY SMALL CELL.CANTFNNA POLE,DISCONNECT_SWITCH FUSED WITH ( (2) 20A-2 POLE CIRCUIT BREAKERS. - + 81I x 1t 8-W:z 7.2b I 90W AWS: DIMENSIONS: 25. _ DIMENSIONS: : .12.0*0 x 38.TH WEIGHT: 56.9 LEIS _ L _ WEIGHT. 33.7 LBSGROUND e, I - . .•• . RADIO DETAIL SCALE: N.T.S. L 3 ANTENNA DETAIL EN- - G ERAL WIRING. DIAGRAM 5 SCALE: N.T.S. L-3 . - v SCALE- N.T.S.` U�C== CHAPPELL HYANNIS MA SCOZ SITE ADDRESS ENGINEERING EQUIPMENT DETAILS 0 03 01 17ADDRESS AT. cis CIS. IRILJTYPOLE#10l►33 ASSOCIATES,LLC A z 17- DRAFT LEASE owrRT DLW ( cis LEASE EXHIBIT 323 BARNSTABLE ROAD Civil StIUCIUf8I Land Su lri NO. DATE REVISIONS BY CHK APP-D NOT FOR CONSTRUCTION' PROJECT N0: DRAWING NAME .-DATE LOC.CODEHREVVY 9NOT TO SCALE OtSlt elm BY:.CJS- DRAWN 11Y: DLW, 1460.039. L-303/O1/17 298401 x •. � w r .yr, . ....,� :,.7 .frs� '� $'';, fi'r:4 y'i'°E t'+•l r �9' I't :i - a s� 0 FY+ h•' i x nh a p „ 3. .. `�C L{ >• a .�✓ .. +. ,.. r.- .L. ,.: m.. ,. .: ,. }.st .: :.._.. .e .. W W .1-' .�,5' ,,>�,4,< .; , .. 4. x .. ._ .>_' ,�e� '�,, ..,. , � ,�. . . ..4 'fix "ysf �. 7, , !, .w"6,' � .]1 w) ...r{ r:,, -,.:. ,.h .y_ .i_ I.Y. •. A � s�' L+ x r •i a ,. ... : .. .. � � ,'•- mot, �� e r 'f I.� Y �— „ ,-T--___ .,vow,,._,. �,nv.---_�--_• .l•,, , ..,_ � • _ { f w r t 4. • Ai pq J I�FONT 5L5-VAT1ON At AV U'l .1 > aL y 4 I + t I ; - - - IMME D ZoNINC'_ IT►0Nr`F19tJ OVA T ION FOP7� 1 / _ '�� io'T 1 ( �2�� fW!1vV>1H4j kVTM(NT KII } : vex 140 z i H.P./texeSS i;..t3fF�P`•HN+ aF �� -- � 1� � ,� `� C-.��.r� EII't�� Sv1AGE FEW b .�. MVf•VMT60N. X` l► �� tdhliN� . -vv NT , IH\/erh7 CA'7 4W�✓t�� 3'L•°Iq *VCa 2 ' 5 tlyFvF,M�`.TIPr1 f?-Xpm h!'E PLAN ry HOPIP JAN H,4IArF /re�- yN ` ' t om• I°��#� 4-7.8 R:quired Procedures For Site Plan Review: 4 7) Upon, corn ',--ti^n of all we:"!<, a letter of certification, made upon kno.•:a..-:,, L:r =- �rv:;� �.� ;err �:.. -iti,,,al s'_;ndards, shall be r cr his d^sign--e by a 9 10 - �.^ -:.C; L" ;• 1.: _," cr Rcgi� 'i :� 1:`;�;�Jr, .35 appropriate to the �i;.,„ is ,�. �, �..- a,i f�::�,c ',_., j:,e,i con- substantial'ty in � � r compliance ��; :i Ilse approved Cite Non, e;:cept that the Building RECEIVE `� SI�E� '� l`�La�; ER Commissioner or his designee may certify compliance, r �p 6 i�.992 --�" � Zvi N fflP1T1OH/?,F HOVA T ION F-Of): e;-LA4�1�4T