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HomeMy WebLinkAbout0054 CEDAR STREET (5) v'�L/ C��r- S-� Ov��-�r ��.� � � I � , � � � � I Tim Ferreira 54 Cedar Street, Hyannis Oct. 5, 2005 • Sent letter to subject requesting a voluntary inspection. Oct 10, 2006 • Went with BI Jack LeBoeuf and BPD. —Site was clean. Dec 12, 2006 • Saw &heard evidence of junk car storage. Dec 13, 2006 • Issued 3 citations: 1. Exp of NC use w/o zoning relief 2. Junk storage and auto removal business not an allowed use in MS zone 3. Auto removal use involving haz mat in water overlay Dec 14, 2006 • Photographed nonconforming activity. Dec 15, 2006 • Met with Mr. Ferreira and BC. • Reviewed nonconforming uses and specifically what he CAN NOT do on site. • Sent follow up letter reiterating our discussion. • Asked him to respond with regards to corrections or clarification—no response. Jan 4, 2007 • Obtained visual access to rear of subject property from behind Gol grocery on Iyannough. • Found vehicles stored on site and one primed for painting. (Photos on file) Jan 5, 2007 • Vehicles changed. Photographed at least one junk. • This activity clearly violates the discussion on the 12/15/07 during which Mr. Ferreira indicated his understanding and denied any of this activity takes places at all. • Photos on file. JAComplaint Inv Reportsl54 Cedar St Ferreira Outline.doc �UI L °FIKE Town of Barnstable Regulatory Services * snaxsr BLE, *' 9 MAS& Thomas F.Geiler,Director 1639. rEn ww�°i Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 October 5, 2006 Timothy S. Ferreira 54 Cedar Street Hyannis,Ma 02601 Re: 54 Cedar Street,Hyannis Map 343 Parc,-1 v1 1 e MS 7onv NATP r)x7vrlxw Dear Mr. Ferreira: We respectfully request access.to inspect the premises located at 54 Cedar Street on Thursday, Oct. 12, 2006 at 10:00 AM. Please contact me directly at 508-862-4027 to confirm this appointment. Please be assured that your failure to respond will be deemed a refusal for admittance. Sincerely, Robin C. Giangregorio Zoning Enforcement Officer JAComplaint Inv Reports\54 Cedar St.doc Certified Mail 7004 2510 0002 6221 9764 &15`class mail � S-r _%ns?ec� � 0�� Date: October 12,2006 To: Building File From: R. Giangregorio Re: Inspection Report -Violation of Zoning Code Chapter 240 Section 38 Owner: Koch Tenant: Timothy Ferreira M&P: 343-011 -. 54 Cedar Street,Hyannis Zoning: MS/WP Oct. 5, 2006 Sent a letter to Mr. Ferreira requesting an inspection on Oct. 12, 2006 at 10:00 AM. Oct. 6, 2006 Mr. Ferreira called and agreed to let me on the property to view the site. Oct. 10, 2006 Arrived at site with BI Jack LeBoeuf A patrol officer with the BPD (Scott) arrived to escort us as a peace officer. Before we left two additional officers joined us-Terry and P � J Y Brad. Mr. Ferreira was upset that the Pd accompanied us. He complained about civil rights violations and that he voluntarily was allowing us on site, the presence of an officer was offensive to him. I explained that I was ordered to have the Pd with me as there is a history of him butting heads with a former.inspector. That did not quite appease him so I added that being a woman, the BC was concerned about my safety and was being cautious. He settled down when the officer reminded him that I am just doing my job. I asked him if it was ok for me to take some pictures and he agreed. His tenant, Robert Nunes was present. Mr. Nunes indicated that he works with(not for)Mr. Ferreira. He resides alone in the upstairs 2-bedroom apartment Mr. Ferreira was very accommodating with regards,to touring the entire property. We walked around the metal building. He excitedly pointed out what he considered to be violations on the adjacent.properties and asked me to make sure that I photographed them, also. (I did). He later advised that he intends to purchase the property. Mr. Ferreira opened the bay up at my request. The first bay(left side looking at building)had tires and rims. The floor appeared to have been swept. The room opened into the second bay. Again, relatively neat, no obvious toxic waste or materials, some misc automotive parts and engines but no clear evidence of body work or mechanical repair. I did advise him that the door upstairs used for storage on the loft should have a bar across it. I explained that in an emergency situation a fire fighter would likely step out of that door and not realize there was no stairway or landing. Jack briefly reviewed the corresponding building code with him. J:\Complaint Inv Reports\Investigate - Report\54 Cedar St Report.doc 1 I The third bay had a car carrier backed into it with a car loaded on top. The interior of the bay smelled of paint fumes. Mr. Ferreira stated that he recently painted the walls. This appeared to be true but I couldn't help but to think that this was an attempt to conceal the real use in this bay. Jack noted that there was a compressor. I took photos. Later, we walked through the first floor of the residential building. A wide door opened into an area containing a floor scale (used to weigh and recycle scrap metal). This room opened into the former parlor room. Although,.there is a kitchen and bath on the first floor, this section of the dwelling did not appear to be used residentially. There was a Spartan office set up in the room off of the parlor. Various automotive scrap parts and pieces were found in and about the office area. During our time together, Mr. Ferreira indicated that Tom Perry gave him approval to run his business. He also indicated that his neighbor's complaints are racially motivated. He claims that the noise complaints (loud banging) from early in the morning is the result of BFI emptying the dumpsters in front and behind his property. He noted correctly that the airport flight pattern is directly above the property. I reminded him that we are not disputing either of these two factors but we are talking specifically about the activity he had control over on this property. We discussed his business process. His trucks leave at 7 AM to drive to Wareham. He insists that he is not loading before? AM nor late at night. Although, there was a discrepancy in what he said and the evidence he offered in support of this claim (receipts from Wareham—one clocked-in at 6:45 AM. That would mean a truck was loaded and leaving prior to 7 AM in order to be received in Wareham at 6:45 AM). He says he is not doing automotive repair or painting. I did find evidence of wliat appears to be contaminated soil/sand which he admits to having imported from another site for the use during the winter. He stated this (by the driveway)was part of a former parking lot and bituminous material was notably intermingled. We discussed the limitations of being in a water overlay district. I reminded him that non conforming rights (if he has any) do not afford him the right to intensify that non conformity without the necessary relief. We discussed the zoning of this property and I advised him he that his statements were incorrect. I tabled the discussion and refocused him on the mission at hand- to verify and record the current activities. The yard had a few trucks parked in front of the dwelling. There was a small bobcat and wood chipper by the front yard fence; also, a storage trailer with a damaged door. Another trailer is situated behind the dwelling. I did not see anything indicating toxic or hazardous materials were being stored here. However, I was concerned with regards to the soil spread around the metal building as black streaks and patches suggests it may contain a lot oil or fluids. It seems reasonable to assume that that this grading was recent and the soil spread is from the same imported soil pile near the driveway. Ultimately, it must be noted that the general condition of the property was cleaner than I had anticipated after reviewing pictures taken previously. J:\Complaint Inv Reports\Investigate -Report\54 Cedar St Report.doc 2 �� ii- C�e��.c.s�, I I Date: December 12, 2006 To: Building File From: R. Giangregorio Re: Violation of Zoning Code Chapter 240 Section 38 Owner: Koch Tenant: Timothy Ferreira M&P: 343-011 - 54 Cedar Street, Hyannis Zoning: MS/WP December 12, 2006- 7:25 AM As I waited outside the allergy clinic at 7:25 AM, I heard a loud banging noise emanating from across the street. The only property in the area that is not residential is 54 Cedar Street. The neighbors have been complaining about loud banging noises—like crushing cars or dropping metal into metal. Admittedly, it was difficult to clearly see the activity from the clinic entry but I continued to watch for a while from inside the clinic at the large window. After I received my allergy shot; I drove around behind Gol Supermarket(55 Iyannough Rd) to determine whether or not the noise I heard was actually generated from 54 Cedar Street. As I found no activity or person that I could attribute the noise to logic.dictated that 54 Cedar was the only alternative candidate. I drove around the block at least two times in an effort to obtain a better perspective. I f also attempted to access a view from behind the various condo parking areas that surround 54 Cedar St. I returned to the allergy clinic on Cedar Street and approached the subject property via#52 Cedar Street. I walked up to a section of fence and peeked around to view 54 Cedar Street(a pork chop lot). I snapped a few pictures of a car carrier in the driveway loaded with a vehicle on top. I believe that the noise I heard was the disposal and storage of cannibalized vehicle parts and pieces for scrap metal. The banging occurs when a small bobcat picks.up large metal sections (i.e. doors) and drops them into a metal receptacle for transportation and recycling. A small bobcat was noted on a previous visit(pictures on file). It should be noted that I received a complaint that specifically identified this as the offending process. J:\Complaint Inv Reports\Investigate- Report\54 Cedar St Report 2.doc 1 -DeC f 5� C7 December 14, 2006 Drove north on Cedar, slowly approaching#54 when a dark, older sedan signaled an intended turn into 54 Cedar. The driver waited for me to pass even though there were four cars waiting behind him and I was still about 4 houses away. I think his attention was drawn to me because I was cruising slowly down the street trying to burn time and see if he turned. I drove past him and turned into 65 Cedar St(CC ENT) diagonally across the street. I noticed that the subject car did not turn as his blinker indicated but instead continued straight up Cedar towards Main Street. I parked in the CC ENT lot and waited. A few minutes later that same car came down Cedar and turned into #54. I observed the following activity while I waited for the car carrier: 7:50 AM • A van lettered"Jack Sullivan—Painting &Wood refinishing"pulled into #54 Cedar". 8:10 AM • A small blue sedan driven by a man turned into 54 Cedar. 8:15 AM • The small blue sedan left headed north towards 28. • The Jack Sullivan van left headed towards Main Street. 8:20 AM • The Jack Sullivan van returned. 8:25 AM • The car carrier arrived with a red truck on top. I observed it turn into 54 Cedar Street. • I managed to photograph all the above. Pictures on file. • I left the site before I drew attention to myself. San. 4, 2007 3:30 PM • Drove in back of adjacent property for visual access of 54 Cedar Street. Noted vehicles parked along rear and side property lines. • This area was clear on a previous visist arranged by appointment. • One vehicle appeared to be primed for painting. Photos on file. Jan. 5. 2007 930 AM • Drove in back of adjacent property for visual access of 54 Cedar Street • Vehicles changed. Photographed at least one junk vehicle—not on tow truck) • On-site storage of auots are contrary to our Dec. discussion& agreement • Photo on file. JAComplaint Inv Reports\hivestigate - Report\54 Cedar St Report 2.doc 2 y� �.� � ��` t • i_ _l�r _ 4 � `��� � f r y. oFTMe t Town of Barnstable q, Regulatory Services o� Thomas F.Geiler,Director BAMSTABLE. ' Building Division 9 MASS. Qj 1639• Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 December 15, 2006 Timothy J. Ferreira 54 Cedar Street Hyannis, MA 02601 Re: Meeting on 12/15 concerning use of 54 Cedar Street Dear Mr. Ferreira, Thank you for meeting with us on Friday,December 15, 2006. I have identified the issues we.discussed and results of our meeting as follows: • No automotive, marine or mechanical repair of any kind. • No use involving the storage or utilization of hazardous materials is allowed. • No stock piling or cannibalizing of vehicles or storage of parts and pieces. • No junk cars will be stored at this site. • All vehicles on site must be registered or have a valid repair plate. • The site is entitled to one unregistered motor vehicle. • The Building Commissioner agreed that you have some nonconforming rights. • It was agreed that those rights include the on-site storage of recycling dumpsters and the dispatching of tow trucks or car carriers. During our discussion on 12/15/06 you agreed to the following: • You will curtail noise to mid morning and afternoons if possible but no earlier than 8 AM. • You will take measures to muffle the noise resulting from all metal on metal activities and any other activity that would generate loud sounds and clatter. • All vehicles shall remain on car carriers except for the period of time necessary to transfer the vehicles to another carrier for its intended transportation off-Cape. • No storage of vehicles or parts shall occur at this site. • You will refrain from any behavior that may be interpreted to be intimidating, retaliatory, antagonistic or otherwise offensive to your neighbors and/or the public. In the event that your recollection differs,please contact me as soon as possible in order that I may immediately correct or clarify the issue. Thank you for your cooperation today. I'm confident that we will be able to resolve these matters to the satisfaction of all parties. Sincerely, Robin C. Giangregorio Zoning Enforcement Officer ]:\Complaint Inv Reports\54 cedar follow-up letter.doc 1 NAME OF 0 FtnOtN .,.,-+ � 1 b m CD � � O O D O� j TOWN F ADDRESS OF OFFENDER O Z O LS n - CITY,STATE,ZIP OD _ BARNS B _ li D D * ::j V T Z z •s D yry 1 - e t ro �; .=m y C y+2 m m o ; t.j FD Ass s ? `S ' o o t�no m c m d f271 z y r i LOCATI N OF OLATION i o - ` m z - o s a �'a S '• OFFEN C m 3 N �} ,l m @-�1 o� y 3 1 3 8 m OF TOWN 1 HPEBY ACKNOWLEDGE RECEIPT OF CITATION X , d 4� X CA ' ORDINANCE Unable to obtain signature of offender. i s� `"9 TLSJ Date mailed ��' THE NONCRIMINAL FINE FOR THIS OFFENSE IS = .�• �._s i OR t YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATT-ER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL r r DISPOSITION WITH NO RESULTING CRIMINALAECORD. REGULATION ; PLEASE PEEL TAPE TO SEAL ENVELOPE. �1)You may elect to pay the above fine,either by appearing In person between 6t30 A.M.and 4:00 P.M.,Monday through Friday,legal holldays excepted, L afore:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by malting a check;money.order or postal note to Barnstable Clerk,P. Box 2430, Hyannis,MA o2601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceedinrrgg yyoou mayy do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BA lmS ABLE,MA 0263Q,Attrr 21 D Noncdminal Hearings and endow a copy of This citation for a hearing. (3)If you fall to pay,the above offense or to request a hearing within 21 days,or If you fall.to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment In the amount of$ p_wP Gp( General Code E-Code: Town of Barnstable, MA Page 1 of 1 240-94.. Nonconform[ng_use._[Amended 3-11-1999 by Order No. 99-056] A preexisting nonconforming use shall be limited in the extent it may expand or intensify. A preexisting nonconforming use may be changed to a principal permitted use as of right. A preexisting nonconforming use may be changed to a conditional use by special permit as provided for within the zoning district in which it is located, or to another nonconforming use as provided for herein. A. Change of a nonconforming use to another nonconforming use. A preexisting nonconforming use may be changed to another nonconforming use only by special permit from the Zoning Board of Appeals. In granting a special permit for the change of a nonconforming use, the Board must find that the proposed nonconforming use is no more detrimental to the neighborhood and that all of the following requirements are met: (1) The applicant has received all necessary approvals from the Board of Health. (2) The proposed nonconforming use: (a) Requires no more parking than the previous use; (b) Does not generate more traffic than the previous use, as measured by the Institute of Transportation Engineers Trip Generation Handbook or other sources acceptable to the Zoning Board of Appeals, nor does it cause Town expenditures to address traffic mitigation measures; (c) Does not result in an increase of on-site and off-site noise, dust, and odors; (d) Does not result in an increase in the hours of operation or in the number of tenants or employees; (e) Does not expand the gross floor area of the nonconforming use, except as may be provided in § 240-93B, nor does it increase the number of nonconforming uses on a site; (f) Is on the same lot as occupied by the nonconforming use on the date it became nonconforming; and (g) Is not expanded beyond the zoning district in existence on the date it became nonconforming. Expansion of a preexisting nonconforming use. A preexisting nonconforming use shall not-be expanded rand/or_int ens ified excepfby special_permit from th___. he Zoning Board of Appeals l In granting a special permit for expansion of a preexisting nonconforming use, the Board must find that the proposed expansion, and/or intensification will not be more detrimental to the neighborhood and that the following requirements are met: (1) Any proposed expansion of the use shall conform to the established setbacks for the zoning district in which it is located, or such greater setbacks as the Zoning Board of Appeals may require due to the nature of the use and its impact on the neighborhood and surrounding properties. (2) The proposed use and expansion is on the same lot as occupied by the nonconforming use on the date it became nonconforming. (3) The proposed new use is not expanded beyond the zoning district in existence on the date it became nonconforming. (4) At the discretion of the Zoning Board of Appeals, improvements may be required in order to reduce the impact on the neighborhood and surrounding properties including but not limited to the following: (a) Greater conformance of signage to the requirements of Article VII; (b) The addition of off-street parking and loading facilities; (c) Improved pedestrian safety, traffic circulation and reduction in the number and/or width of curb cuts; (d) Increase of open space or vegetated buffers and screening along adjoining lots and roadways. The applicant shall demonstrate maximum possible compliance with § 240-53, Landscape Requirements for Parking Lots, Subsection F, if applicable. (e) Accessory uses or structures to the principal nonconforming use may be required to be brought into substantial conformance with the present zoning. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdoc&DocId=56&Index=C... 1/8/2007 -Gen.,ral Code E-Code: Town of Barnstable,MA UP AS ' Page 1 of 4 §24___,0-35'Groundwatrotection O_v_erlay Districts. [Added 11-7-1987 by Art.2; amended 11-4-1989 by Art. 5; 8-19=1993'by Order No. 93-105] A. Purpose. The purpose of this section is to protect the public health, safety, and welfare by encouraging nonhazardous, compatible land uses within groundwater recharge areas. B. Districts established. In order to carry out the purpose of this section, the following overlay districts are. hereby established, and shall be considered as superimposed over any other district established by this chapter: AP Aquifer Protection Overlay District GP Groundwater Protection Overlay District., WP Well Protection Overlay District (1) The GP Groundwater Protection Overlay District is based on Zone 11 delineations to existing, proven future, and proposed future public supply wells, as determined by Geraghty and Miller, Inc., and as shown on Figure 44, in their report entitled "Groundwater Conditions, Town of Barnstable, Massachusetts,Volumes I of III; together with Appendices A-D and E-H in Volumes II of III and III of III,"dated November 1993 and "Corrections, Zone II Delineations for Public Water Supply Wells, Town of Barnstable, Massachusetts,"dated December 1993; except that the GP Groundwater Protection Overlay District (Zone II), to Barnstable Fire District wells 3 and 4, is delineated by Whitman and Howard, Inc.'in a report entitled "Report on Prolonged Pumping Test and Zone If Delineation at Test Well Site 8-90, Barnstable Fire District, Barnstable, Massachusetts,"dated October 1991. The Zone II delineations to existing and proven future wells have been approved by the Department of Environmental Protection, Executive Office of Environmental Affairs, Commonwealth of Massachusetts, in a letter to the Town of Barnstable dated March 13, 1996. (2) The WP Well Protection Overlay District is based on a five-year time of travel zone to existing, proven future and potential future public supply wells, delineated by Geraghty and Miller Inc., in reports referenced above, except that the WP Zone to Barnstable Fire District Well No. 2 is delineated by Earth Tech, consultant to Barnstable Fire District, summarized in a letter and a map to the district dated May 13, 1997. The WP Well Protection Overlay District to Barnstable Fire District 2 is that portion of the five-year time of travel zone located within the GP Groundwater Protection Overlay District(Zone 11). (3) The AP Aquifer Protection Overlay District consists of all areas of the Town, except those areas within the GP Groundwater and WP Well Protection Overlay Districts. The reports, letters and maps are on file with the Town Clerk. [Amended 9-17-1998 by Order No. 99-012] C. Overlay Districts Map. The overlay districts established by this section (the GP Groundwater Protection District; the WP.Well Protection Overlay District; and the AP Aquifer Protection Overlay District)are shown on the Official Zoning Map, § 240-6A, Identification of Zoning Map. [Amended 9-17-1998 by Order No. 99- 012] D. District boundaries. Where the overlay district boundaries divide a lot, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located. [Amended 9-17-1998 by Order No. 99-012] E. AP Aquifer Protection Overlay District regulations. (1) Permitted uses. The following uses are permitted in the AP Aquifer Protection Overlay District: (a) Any use permitted in the underlying zoning districts, except for those uses specifically prohibited by Subsection E(2) herein. (2) Prohibited uses. The following uses are prohibited in the AP Aquifer Protection Overlay District: (a) Any use prohibited in the underlying zoning districts. F. GP Groundwater Protection Overlay District regulations. (1) Permitted uses. The following uses are permitted in the GP Groundwater Protection Overlay District: (a) Any use allowed in the underlying zoning districts, except those uses specifically prohibited in Subsection F(2)herein: httn //www.e-codes_¢eneralcode.cem/searchresults.asn?cmd=LYetdoc&DocId=56&Index=C... 1/8/2007 General Code E-Code: Town of Barnstable,MA Page 2 of 4 Cj(2)=Prohibited uses. The following uses are prohibited in the GP Groundwater Protection Overlay District: (a) Any use prohibited in the underlying zoning districts. (b) Landfills and open dumps as defined in 310 CMR 19.006. (Cc)J_u`nkyards, salvage yards and automobile graveyards, as defined in MGL Ch. 140B, § 1.Editor's Note:See Ch.502,Junk Dealers. (d) Mining of land, removal of sand and gravel, and quarrying of other raw materials. (e) The removal of soil, loam, sand, gravel and other mineral substances to within four feet of the historic high-water mark unless the substances removed are redeposited within 45 days and the final grade exceeds four feet above the historic high-water mark, and except for excavations for the foundations of buildings and structures and the installation of utilities. (f) Underground fuel storage tanks.Editor's Note:See Ch.326,Fuel and Chemical Storage Systems. (g) Storage for resale of heating fuels, including but not limited to, oil, coal, gas and kerosene. (h) Sewage treatment plant, disposal works, or small package treatment facility subject to 314 CMR 5.00, except for the following: [1] The replacement or repair of an existing facility that will not result in a design capacity greater than the design capacity of the existing system(s); [2] Treatment works approved by the Department of Environmental Protection designed for the treatment of contaminated ground or surface waters; and [3] Sewage treatment works including package treatment facilities,which are owned and operated by the Town of Barnstable, and located in areas with existing water quality problems attributable to current septic systems where there will be a net improvement in water quality with the installation of the treatment facility. (i) Commercial feeding of livestock. 0) Storage of road salt or other deicing materials. (k) Metal plating, finishing and polishing. (1) Chemical and bacteriological laboratories. (m) Boat, motor vehicle and aircraft cleaning, service and repair. (n) Dry-cleaning processing establishments. (o) Furniture stripping, painting and refinishing. (p) FAny other use-which generates,_treats,_stores or disposes of hazardous waste-that.ar_e subject to MGL Ch. 2-1 C and 310 MCR 30.00, except for the following uses: [1] Very small quantity generators as defined by 310 CMR 30.00; [2] Waste oil retention facilities for retailers of motor oil required and operated in compliance with MGL Ch. 21, § 52A. [3] Treat ment.works approved by the Departmenfof Environmental Protection designed in accordance with 314 CMR 5.00, for the treatmenfof contaminated ground'or surface waters. [4] Household hazardous waste collection centers or events operated according to 310 CMR 30.390. (q) Landfilling of sludge and septic as defined in 310 CMR 32.05. (r) Storage of sludge and septage, as defined in 310 CMR 32.05, unless in compliance with 310 CMR 32.30 and 310 CMR 32.41 (s) Storage of animal manures unless protected from the elements and contained in a structure which prevents leachate from contaminating groundwater, in accordance with all the requirements of the United States Soil Conservation Service. httD://www.e-codes.jzeneralcode.com/searcbresults.asp?cmd=getdoc&Docld=56&Index=C... 1/8/2007 ..;,.Gencral Code E-Code: Town of Barnstable, MA Page 3 of 4 (t) Stockpiling and disposal of snow and ice removed from highways and streets located outside of the GP and WP Districts which contains sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for ice and snow removal. (u) Storage of liquid petroleum products of any kind, except those incidental to: [1] Normal household use and outdoor maintenance or the heating of a structure; [2] Waste oil retention facilities required by MGL Ch. 21, § 52A; [3] Emergency generators required by statute, rule or regulation; [4] Treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters; and provided that such storage is either in a freestanding container within a building or in a freestanding container above ground level with protection adequate to contain a spill the size of the container's total storage capacity; however, replacement of existing tanks or systems for the keeping, dispensing or storing of'gasoline is allowed consistent with state and local requirements; and [5] Any other use which involves as a principal activity or use the generation, storage, use, . treatment, transportation or disposal of hazardous materials. (3) Lot coverage. Unless the applicant demonstrates that all runoff is recharged on site, no more than 15%or 2,500 square feet, whichever is greater, of the total area of any lot shall be rendered impervious by the installation of buildings, structures and paved surfaces. If all recharge is disposed of on site, no more than 50% of the total upland area of any lot shall be made impervious by the installation of buildings, structures, and paved surfaces. (4) Site clearing.A minimum of 30%of the total upland area of any lot shall be retained in its natural state. This shall not prevent the removal of dead, diseased or damaged trees. G. WP Well Protection Overlay District regulations. [Amended 8-19-1993 by Order No. 93-105] (1) Permitted uses. The following uses are permitted in the WP Well Protection Overlay District: (a) Any use allowed in the underlying zoning districts, except those specifically prohibited in Subsection G(2) herein: (2)--Prohi5ited:9ses. The following uses are prohibited in the WP Well Protection Overlay District: (a) Any use prohibited.in.the underlying zoning districts. (b)—All-uses-prohibited=in-Subsection-F(2)herein. (c) Parking and/or storage of transport vehicles for fuel, including but not limited to oil, coal and gas. (d) Parking.and/or storage of transport vehicles for toxic and/or hazardous substances. (e);Any use which uses-gene�ateslor_stor_es.,_incl.udingyracking_for_r_esale,-toxic-or haz_ ardour substances,.totaling.at any time more than�50 gal''Flo s liquid v� olume.or 25 poun__ ds?dry-weight (3) Lot coverage. Unless the applicant demonstrates that all runoff is recharged on site, no more than 15% or 2,500 square feet, whichever is greater, of the total area of any lot shall be rendered impervious by the installation of buildings, structures and paved surfaces. If all recharge is disposed on on site, no more than 50% of the total upland area of any lot shall be made impervious by the installation of buildings, structures, and paved surfaces. (4) Site clearing. A minimum of 30%of the total upland area of any lot shall be retained in its natural state. This shall not prevent the removal of dead, diseased or damaged trees. §240-36. RPOD Resource Protection Overlay District. [Added 10-26-2000] A. Purpose. httn://www.e-codes.izeneralcode.com/searchresults.asb?cmd=aetdoc&DocId=5 6&Index=C... 1/8/2007 General Code E-Code: Town of Barnstable, MA Page 4 of 4 (1) The purpose of this section is to create a Resource Protection Overlay District overlaying residential zoning districts, and, in part, the Groundwater Protection Overlay,District.The boundaries of the Resource Protection Overlay District shall include the recharge areas to the Centerville River, Popponessett and Shoestring Bays, and the Three Bays area of Cotuit and Osterville,'so-called, together with areas dependent upon private well water supplies, and shall be as shown on the Barnstable Zoning Map as described in Subsection C below. When regulations are in conflict, the more restrictive regulation shall apply. (2) The Resource Protection Overlay District implements the Barnstable Local Comprehensive Plan, adopted by the Barnstable Town Council, October 30, 1997, and approved by the Cape Cod Commission, February 12, 1998. The purposes of the Resource Protection Overlay District include: (a) To reduce nitrogen contamination by reducing impacts from septic systems, fertilizers, and runoff from impervious surfaces,which contamination adversely affects groundwater, ponds and freshwater bodies, and south coastal marine embayments. (b) To reduce nitrogen loading to groundwater, surface water and coastal embayments to prevent deterioration of water quality, destruction of bottom habitat, loss of fin fish and shellfish habitat, closure of swimming areas, and other adverse environmental and economic impacts. (c) To increase protection of groundwater quality in areas where no public wastewater treatment and no public water supply is provided; to ensure protection of private drinking water wells; to protect private drinking water wells from adverse impacts in areas of varying soil conditions that are vulnerable to contamination of groundwater due to environmental conditions such as impervious soils, high groundwater levels or steep slopes; and to protect private wells from impacts from adjacent road drainage systems. (d) To reduce development potential. The Barnstable Local Comprehensive Plan identifies the potential for 36% more residential growth and a shortfall in public facilities to service that additional residential development. Potential shortfalls in public services include inadequate roads, lack of capacity in public wastewater treatment facilities, lack of options for public water supply development, and lack of capacity of schools and recreational facilities. B. Districts established. In order to implement the purpose of this section, the Resource Protection Overlay District is hereby established, and shall be superimposed over existing residential zoning districts established by this chapter, and as they may be amended from time to time. C. Overlay Districts Map. The boundaries of the Resource Protection Overlay District established by this section are shown on the Official Zoning Map, §240-6A, Identification of Zoning Map, as amended with a file date of October 26, 2000, and a title of"Resource Protection Overlay District." D. Resource Protection Overlay District regulations. Within the Resource Protection Overlay District, the minimum lot area requirement of the bulk regulations in all residential zoning districts shall be 87,120 square feet. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdoc&DocId=56&Index=C... 1/8/2007 General Code E-Code: Town of Barnstable,MA Page 2 of 2 NOTES: 1 The third story can only occur within habitable attic space. 2 See also setbacks in Subsection C(1)below. (1) Setbacks. (a) The front yard landscaped setback shall be 10 feet. (b) The SPGA may reduce to zero the rear and side setbacks for buildings to accommodate shared access driveways or parking lots that service-buildings located on two or more adjoining lots. (2) Site access/curb cuts. (a) Driveways on Route 28 shall be minimized. Access shall not be located on Route 28 where safe vehicular and pedestrian access can be provided on an alternative roadway, or via a shared driveway, or via a driveway interconnection. On Route 28, new vehicular access, new development, redevelopment and changes in use that increase vehicle trips per day and/or increase peak hour roadway use shall be by special permit. (b) Applicants seeking a new curb cut on Route 28 shall consult the Town Director/Superintendent of Public Works regarding access on state highway roadways prior to seeking a curb-cut permit from the Massachusetts Highway Department, and work with the Town and other authorizing agencies, such as the MHD, to agree on an overall access plan for the site prior to site approval. The applicant shall provide proof of consultation with the listed entities and other necessary parties. (c) All driveways and changes to driveways on Route 28 shall: [1] Provide the minimum number of driveways for the size and type of land use proposed; [2] Provide shared access with adjacent development where feasible; and [3] Provide a driveway interconnection between adjacent parcels to avoid short trips and conflicts on the main road. D. Site development standards. In addition to the site development standards set forth in §240-24.1.10 below, the following requirement shall apply: (1) Landscaping for multifamily housing.A perimeter green space of not less than 10 feet in width shall be provided, such space to be planted and maintained as green area and to be broken only in a front yard by a driveway and/or entry walk. httD://www.e-codes.generalcode.com/searchresults.asp?cmd=getdoc&Dodd=56&Index=C... 1/8/2007 General Code E-Code: Town of Barnstable,MA Page 1 of 2 `703�to� [§240=24:1:4`MSTMe'dical S es District. [Added 7-14-2005 by Order No. 2005-100] A. Permitted uses. The following principal and accessory uses are permitted in the MS District. Uses not expressly allowed are prohibited. (1) Permitted principal uses. (a) Single-family dwellings. (b) Two-family dwellings. (c) Business and professional offices. (d) Nursing homes. (e) Medical/dental clinics. (f) Hospitals (nonveterinarian). (g) Bed-and-breakfasts. (h) Multifamily housing totaling not more than six dwelling units per acre or 12 bedrooms per acre. (i) Mixed-use development. I (2) Permitted accessory uses. (a) Family apartments. (b) The following uses shall only be permitted as ancillary operations to a hospital, nursing home, or other medical-oriented facility: [1] Personal services, such as barber or beauty shops. [2] Banking services. [3] Restaurants. [4] Pharmacies. B. Special permits. (1) Permitted principal uses as follows, provided, however, that a special permit shall not be required when the applicant has obtained a development of regional impact approval, exemption or hardship exemption from the Cape Cod Commission: (a) Nonresidential development, including nursing homes, with a total floor area greater than 10,000 square feet. (b) Mixed use developments with a total floor area greater than 20,000 square feet or greater than 10,000 square feet of commercial space. (2) Multifamily housing proposing to create seven or more dwelling units per acre or 13 or more bedrooms per acre and including at least 25% of workforce housing and totaling not more than 12 units per acre. Multifamily housing in the MS District is not required to provide inclusionary housing pursuant to Chapter 9 of the Barnstable Code. C. Dimensional, bulk and other requirements. (NOTE:.For hospital uses: the maximum building height provisions set forth in the table below may be extended to no more than 85 feet or a maximum of six stories not to exceed 85 feet; and, the maximum lot coverage requirements set forth below shall not apply.) Maximum Minimum Yard Building Setbacks Height' Minimum Minimum Lot Area Lot Maximum Zoning (square Frontage Front Rear Side Lot District feet) (feet) (feet) (feet) (feet) Feet Stories' Coverage2 FAR 3 Medical 10,000 50 202 102 102 38 3 80% — Services httn://www.e-codes.jzeneralcode.com/searchresults.asp?cmd=getdoc&DocId=56&Index=C... 1/8/2007 Jz, BARNSTASLE,.MASSACHUSETTS :-HURL 11o1G PERIVt f ld sor's office (1st floor) Assessor's map and lot number ..... y .r Board of Health (3rd floor): Sewage .Permit number ............ Z BARNSTABLE i Engineering Department (3rd. floor): tiAsa House number ...............:......................:.................................. � �p 3639. Defin.tive.Plan Approved by Planning Board :----------____ -----------19-------- . APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00.2:00 P.M. only 'OWN. ;OF RARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ..... L ..Ih�!1.4r41.1 V?,1 TYPE OF CONSTRUCTION ................. T L-........,.;. ......................................................................... .......... �z 19.Ctg - TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information:. . Location .. -OT.....,'Q............. .FF......�Qom`..S'T.�. .....�?. ........ Proposed Use ......P. f.. SxD.R/a►�{,.,. '......5 '14,,:...!o:S. F i.:S.C"�!-? Zoni n g District ...,9.7. .: ...... .. .....................Fire District Name of Owner .. .0.....UJ .....................Address ... ,aa: A........�.......... Name of Builder ... ......Address. W;.T....... .....r..�:...�T..1pr�C.T'1���.. 3. Suer, Name of Architect ................. ....,.{3.V.lVJ1!. gs'......:;.....Address ... 5,, , Number of Rooms ........ ........................................................Foundation ....�"Ct�t.. .......................... Exterior .....(*%4-T)4..... ..Roofin 'M Floors ...... .......................................................Interior ......Ir=2PCOC7 .... ..... ............................. Heating .....O1L — fir V3..1 Plumbing Fireplace � �.... ......... ............................. 1,,��?.!^ ..........................................................Approximate Cost �d cm ... .. .... ., ..................................................... Area ... UX�D+... . 'dJ't`.. Diagram of Lot and Building with Dimensions. ' Fee ...., :....... 1f� '.0 i�q� s�� N� � ,- The Town ®f Barnstable k BARNSTABLE. . Department of Health Safety and Environmental Services 9 '""SS. i639• 0 Building Division Awn s 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner - March23;1998= Michael & Evelyn McNealy 10 Capt. Noyes Road South Yarmouth, MA o2664 Re: SPR-016-98 Steel Dreams, 58B Cedar Street, Hyannis, (343/011) Proposal: Wholesale auto license, no repairs Dear Michael& Evelyn, The above referenced proposal was reviewed at the Site Plan Review Staff Meeting of March 19, 1998 and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance with the following conditions: tOffice__use_only.. • No=vehicles-on•sit-e-�"�� • No-washing and norrepars of-vehicles. Please be informed that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Also, all signage must be discussed with Gloria Urenas of this Division. Should you have any questions, please feel free to call. Respectfully, l� Ralph Crossen Building Commissioner �r SPR Meeting Notes 03/19/98 SPR-016-98 Steel Dreams, 58B Cedar Street, Hyannis, (343/011) • Proposal: Used auto sales, no repairs. Michael and Evelyn presented the proposal. Changed the proposal to Wholesale used car license only. Bayside Auto uses 2 bays. Addressed staff concerns. • Planning addressed previous uses. Applicants are now requested office use only. Discussed possibility of Zoning Board of Appeals. Planning stated if this is wholesale only, then parking is not an issue. • Building Commissioner clarified that the Applicant has changed the proposal. No vehicles-will be on-site. This is only office use of 15 X 14: • Planning stated office use is allowed and only one parking space is required. • Engineering visited the site. Possible problems with parking on site. Narrow access. Discussed screening from residential use.rApplicant stated they wily not do any repair-s. • Hyannis Fire Department addressed use of building. Bayside Auto has been there about 2 1/2 years. Applicant stated the building appears to have been built in 1988. Applicant stated the prior uses were a milk company and bicycle storage. Fire Department concerned with hazardous materials and emergency access. • Health reviewed records. Fire shows a 1996 hazardous materials registration form for 54 Cedar Street. Health addressed washing vehicles. Applicant will not do any washing of vehicles. Health is concerned with site and recommended the Site Plan Review staff invite the owner, of the property in to discuss site. 0--xner is Mr. Koch. • Building Commissioner stated the office use is allowed. A letter to Mr. Koch will be sent. Applicant stated the upstairs is being used for office currently. Applicant is leasing_space_from-Bayside,Auto_ •,_,A-P-PROVED°for.office use wi"tli the following coeditions: • No vehicles on site. • No wash'ing,and no repairs�of vehicles: -� �:w 6 I ,�003 �- ��" ��"I TO AIL NEW BUSINESS OWNERS Filfi- please:~ wwwww / y j APPLJCANT'S YOUR NAME r a - BUSINESS YOUR HOME AODFAESS: let TELEPHONE Telephone Number Home NAME OF NEW BUSINESS rfaft t r rZA1 ?p TYPE OF BUS —ALL IS THIS A HOME OCCUPATfiON?�_YES Have You been given approval from the building d�icn? NO ADDRESS OF BUSINESS PARCEL NUMBER 3 `1 3 Q-jam When starting a new business there are several things you must do in order to be1n compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. Once you have obtained the required signatures,listed: below.You may apply for a business certificate at the Town Clerk's Office(Ist floor-Town Hall)or if you get the business certificate first you MUST go to the following office to make sure you have all the required permits and licenses.. 60 TO 20O Main at,-(corner of Yarmouth Rd.&Main Street)and you will find the falMwing offices: 1. BfJILDING COMMISSION OFFS This individual has n info of any permit requirements that pertain to this type of business. rued S' nature* \� C)OMMENTS:: / .v 2. 801ARD OF HEALTH This individual has informed of the permit requirements that pertain to this type of business. Authorized Signature COMMENTS: J.1 '• 3. CONSUMER AFFAIRS(LICENSING AU 0IRITY1 This individual he s info ie uirements that pertain to this type of business- Authorized Signature* .? COMMENTS: (} Business certificates(cost$30.00 for 4 years}. A busiinese certificate ONLY REGISTERS YOUR NAME in the gown(which you roust do by M.G.L -it does not give you permission to operate-you must get that through completion of the processes from the various departments invaha& SAWAVL=S APPROVAL AMA SUWAMWSCERTi9�71L'.AYEO KY. TOWN OF BARNSTA►BLE MASSACHUSETTS �.f�l`1",#; ••`( r i BUSINESS CERTIFICATE DATE ISSUED: 11/14/2003 DATE RENEWED: ,1'r9.717 BOOK. 189 RENEWAL BOOK.: RENEWAL PAGE: PAGE 03-329 DATE DISCONTINUED. CPRT1FICATE EXPIRES: H/1412007 DISCONTINUED BOOK: DISCONTINUED PAGE: in conformity with the provisions of Chapter Dne Hundred and Ten(110).Section Five(5)of the General Laws,as amended,the undersigned hereby declare(s)that a business is conducted under the title below,located as shown,by the following named person,persons 6r corporation; FERREIRA'S AUTO REPAIR MAILING ADDRESS: 54 CEDAR ST HYANNIS,MA 02601 TINICtTHY J FERREIR.A. 7 COOK CIRCLE HYANNIS, MA%1601 Signatures: / THE ABOVE NAMED PERSON(S)PERSONALLY APPEARED BEFORE ME AND MADE OATH THAT THE FOREGOING STATEMENT iS TR JE. < } TITLE identification Presented: DATE: November 14,2003 PLEASE NOTE: IT IS THE RESPONSIBILITY OF THE APPLICANT TO OBTAIN ANY LICENSES AND PERMITS REQUIRED BY THE BUILDING,HEALTH AND CONSUMER AFFAIRS DEPARTMENTS FOR THE LEGAL OPERATION OF THIS BUSINESS IN THE TOWN, r—CONDITIONS:FOLLOW GROUND WATER'PROTECTION RULES-------� In accordance with the provisions of Chapter 337`cf-thr.Acts-of-1985-ind-Chapter 110.Section 5 of the Mass General Laws,Business Certificates shall be in effect for four years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be tiled with the city clerk upon discontinuing, retiring or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any Berson who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars($300)for each month during which such violation continues. ..................................................................................... CERTIFICATION CLAUSE I certify under the penalties of perjury that I,to the best of my knowledge and belief, have filed all state tax returns and paid all state taxes'rcquir and r Iaw. * Signat re f ividual or Corporate Name(Mandatory) By: Corporate Officer(Mandatory if applicable) �* or Federal ID Number -�' This license will not be issued unless this certification clause is signed by the applicant. '* Your social security number will be furnished to the Massachusetts Department of Revenue to determine whether you have.met tax Rung or tax payment obligations. Licensees who fail to correct their non-filing or delinquency will be subject to licensc suspension or revocation. This request is made under the authority of Mass. G.L. Cha 62C.S.49A. 3-2 Office Districts 3-2 . 1 PR Professional Residential District 1) Principal Permitted Uses: The following uses are permitted W. in the PR District: A) Single-family residential dwelling (detached) . B) Two-family residential dwelling (detached) . C) Professional Offices. D) Licensed real estate broker' s office. E) Nursing home. F) Rest home. >. G) Medical/dental clinic. . H) Pharmaceutical/therapeutic use. I) Hospital (non-veterinarian) . J) Multi-family dwellings (apartments) , subject to the following conditions: a) The minimum lot area ratio shall be five thousand a1 (5, 000) square feet of lot area per each apartment unit for new multi-family structures and conversions`: . of existing buildings. b) The maximum lot coverage shall be twenty per cent (200) of the gross upland area of the lot or combination of lots. c) The maximum height of a multi-family dwelling shall r. not exceed three (3) stories or thirty-five (35) ' feet, whichever is lesser. it d) The minimum front yard setback shall be fifty (50) feet or three (3) times the building height, whichever is greater. e) . The minimum side and rear yard setbacks shall be note less than the height of the building. f) A perimeter green space of not less than twenty (20) ,1 feet in width shall be provided, such space to be planted and maintained as green area and to be rt broken only in a front yard by a driveway. g) Off-street parking shall be provided on-site at a ratio of one and one-half (1. 5) spaces per each apartment unit and shall be located not less than b thirty (30) feet from the base of the multi-family f i! . " 41 dwelling and be easily accessible from a driveway on the site. h) No living units shall be constructed or used below ground level. i) The Zoning Board of Appeals may allow by Special Permit a maximum lot coverage of up to fifty per cent (50%) of the gross area of the lot or combination of lots . K) Personal Service Business such as the following: barber, beauty shop, shoe repair, tailor and dressmaker. I (Added by 11 yes vote of Town Council on Oct. 26, 2000) 2) Accessory Uses: The following uses are permitted as Iaccessory uses in the PR District:. A) Renting of rooms to not more than ten (10) persons by a family residing in the dwelling. I B) Bed and Breakfast operation within an owner occupied single family residential structure, subject to the provisions of Section 3-1 . 1 (3) (F) except sub-paragraph b) . No more than a total of six (6) rooms shall be rented to no more than a total of twelve (12) guests at any one time. For the purposes of this Section, children under the age of (twelve) 12 years shall not be considered in the total number of guests) . (Amended by 11 yes vote of Town Council on Oct. 26, 2000) 3) Conditional Uses: The following uses are permitted as conditional uses in the PR District, provided a Special Permit is first obtained from the Zoning Board of Appeals subject to the provisions of Section 5-3 . 3 herein and the specific standards for such conditional uses as required in this section: A) Renting of rooms to not more than ten (10) lodgers in one (1) multiple-unit dwelling. ( B) Public or private regulation golf courses subject to the provisions of Section 3-1 . 1 (3) (B) herein. C) Family apartment subject to the provisions of Section 3- 1 . 1 (3) (D) herein. D) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, but only as an accessory use. 4) Special Permit Uses : (reserved for future use) `' 5) Bulk Regulations: ZONING -MIN.LOT MIN. LOT MIN,LOT MINIMUM YARD MAXIMUM MAX. LOT DISTS. AREA FRONTAGE WIDTH SETBACKS IN FT. BLDG. COVERAGE SQ.FT. IN FT. IN FT. HEIGHT IN AS%OF FRONT SIDE REAR FT. LOT AREA PR 7,500 75 1 20 7.5 7.5 30# 25 # Or two (2) stories, whichever is lesser, except that 'a hospitals are exempt from height restrictions in the PR District. Front Yard Landscaped Setback from the road lot line: PR: 10 feet, Existing trees and shrubs shall be retained within the road t right of way and within the required Front Yard Landscaped Setback, and supplemented with other landscape materials, in z. accordance with accepted landscape practices . Where natural vegetation cannot be retained, the Front Yard Landscaped Setba6,-,, . shall be landscaped with a combination of grasses, trees and w shrubs commonly found on Cape Cod. A minimum of one street tree• : with a minimum caliper of three (3 . 0) inches, shall be. provided°° per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance, and exit drives, and road intersections. ' All landscaped areas '., shall be continuously maintained, substantially in accordance : _ with any Site Plan approved pursuant to Section 4-7 herein. (Added by vote of Town Council item 99-456 on 3111199 by. a Unanimous Roll Call vote. ) . `k .dn .hyn 4� 3 j S__ I . i �Y1S �� i (a) Front rd landscape is not required if front setback is zero. When the front setback i reater than zero, those portions of the front yard not occupied by pedestrian a enities and public spaces shall be landscaped. (b) Street trees are quired consistent with Section 2404 w if front setback is greater than zero fe (6) Lighting: (a) All developments shall ull cu light fixtures for exterior lighting in which no more than 2.5% o e total output is e ' ted at 90 degrees from the vertical pole .or building on which it is mounted. (b) Flood, a and up-lighting is not permitted. 240-24.2-4. MS Medical Services District A. . Permitted Uses: The following principal and accessory uses are permitted in the MS District. Uses not expressly allowed are prohibited. (1) Permitted Principal Uses: (a) Single family dwellings (b) Two family_dwellings (c) Business and professional offices (d) Nursing homes (e) Medical/dental clinics (f) Hospitals (non-veterinarian) (g) Bed and breakfasts (h) Multi-family housing totaling not more than 6 dwelling units per acre or 12 bedrooms per acre (i) Mixed use development (2) Permitted Accessory Uses: (a) Family apartments (b) The following uses shall only be permitted as ancillary operations to a hospital, nursing home, or other medical-oriented facility: (1) Personal services, such as barber or beauty shops (2) Banking services (3) Restaurants (4) Pharmacies B. Special Permits (1) Permitted principal uses as follows, provided, however, that a special permit shall not be required when the applicant has obtained a Development of Regional Impact approval, exemption or hardship exemption from the Cape Cod Commission: (a) non-residential development, including nursing homes, with a total floor area greater than 10,000 square feet; Hyannis Zoning 7=14-05 Clean 11 (b) mixed use developments with a total floor area greater than 20,000 square feet or greater than 10,000 square feet of commercial space; (2) Multi-family housing proposing to create 7 or more dwelling units per acre or 13 or more bedrooms per acre and including at least 25% of Workforce Housing and totaling not more than 12 units per acre. Multi-family housing in the MS District is not required to provide Inclusionary Housing pursuant to Section 9 of the Barnstable General Ordinances. C. Dimensional, Bulk & Other Requirements*** Zoning District Min. Min. Lot Min. Yard' Max. Bldg. Max. Lot FAR Lot Frontag Setbacks Height Coverag Area a (ft) e (sf) Fro Rea Sid Fee Stories nt r e t ++ Medical 10,000 50 20* 10* 10* 38 3 80% — Services +The third story can only occur within habitable attic space. *See also Setbacks in Section (1) below. *** For hospital uses: the maximum building height provisions set forth in the table above may be extended to no more than 85 feet or a maximum of six stories not to exceed 85 feet; and, the maximum lot coverage requirements set forth above shall not apply. (1) Setbacks: (a) The front yard landscaped setback shall be ten (10) feet. (b) The SPGA may reduce to zero the rear and side setbacks for buildings to accommodate shared access driveways or parking lots that service buildings located on two or more adjoining lots. (2) Site Access/Curb Cuts: (a) Driveways on Route 28 shall be minimized. Access shall not be located on Route 28 where safe vehicular and pedestrian access can be provided on an alternative roadway, or via a shared driveway, or via a driveway interconnection. On Route 28, new vehicular access, new development. redevelopment and changes in use that increase vehicle trips per day and/or increase peak hour roadway use shall be by special permit. (b) Applicants seeking a new curb cut on Route 28 shall consult the town Director/Superintendent of Public Works regarding access on State Highway roadways prior to seeking a curb-cut permit from the Massachusetts Highway Department, and work with the Town and other authorizing agencies such as the MHD to agree on an overall access plan for the site prior to site approval. The Hyannis Zoning 7-14-05 Clean 12 applicant shall provide proof of consultation with the listed entities and other necessary parties. (c) All driveways and changes to driveways on Route 28 shall: (1) provide the minimum number of driveways for the size and type of land use proposed; (2) provide shared access with adjacent development where feasible; and (3) provide a driveway interconnection between adjacent parcels to avoid short trips and conflicts on the main road. D. Site Development Standards: In addition to the site development standards set forth in Section 240-24.1-10 below, the following requirement shall apply: (1) Landscaping for multi-family housing: A perimeter green space of not less than ten (10) feet in width shall be provided, such space to be planted and maintained as green area and to be broken only in a front yard by a driveway and/or entry walk. 240-24.1-5. SF Single Family Residential District A. Permitted Uses: The following principal and accessory uses are permitted in the SF District. Uses not expressly allowed are prohibited. (1) Permitted Principal Uses: . (a) Single-family dwellings (detached) (b) Bed and breakfasts (c) Artists lofts (d) For those lots with frontage on South Street and/or High School Road, professional offices. (2) Permitted Accessory Uses: ' (a) Family apartments B. Dimensional, Bulk &Other Requirements Zoning Min. Min. Lot Min. Min. Yard Max. Bldg, Max. Lot FAR District Lot Frontag Lot Setbacks (ft) Height Coverag Area e (ft)** Width e (sf) (ft)* Fro Rea Sid Feet Stories nt r e ++ Single 20,000 20 100 20+ 10+ 10+ 38 3 - Family Residentia Hyannis Zoning 7-14-05 Clean 13 * Lot width at front building setback *" The minimum lot area shall be reduced to 10,000 square feet and/or the minimum lot frontage shall be reduced to 50 feet if an existing non-residential use, in existence as of the effective date of this ordinance, is changed to a single family residential use. + See also Setbacks in Section (1) and Corner Lot Setback in Section (2) below. ++ The third story in a single family or two family dwelling can only occur within habitable attic space. (1) Setbacks: A perimeter green space of not less than ten (10) feet in width shall be provided, such space to be planted and maintained as green area and to be broken only in a front yard by a driveway. (2) Corner Lot Setback: Corner lots shall comply with the provisions of Section 240-41 of the Barnstable Zoning Ordinance. C. Site Development Standards Single-family dwellings are encouraged to comply with the provisions of Article IX, Section 240-103, Site development standards. Single-family dwellings are not required to comply with Section 240-24.1-10 below, and they are not required to obtain Site Plan approval. Single-family dwellings shall comply with the following requirements: (1) Parking and Signage All development within the SF District shall comply with applicable parking and signage requirements contained in Article VI, Sections 240-48 through 240-58, and Article VII, Sections 240-59 through 240-89, inclusive, of the Barnstable Zoning Ordinance. (2) Lighting: Reflectors and shielding shall provide total cutoff of all light at the property lines of the parcel to be developed. (3) Fences: No fence shall exceed a height of 6 'h feet (8 feet when abutting a non-residential district) unless a special permit is obtained from the SPGA. 240-24.1-6. OM Office/Multi-Family Residential District A. Permitted Uses: The following principal and accessory uses are permitted in the OM District. Uses not expressly allowed are prohibited. (1) Permitted Principal Uses: (a) Business and professional offices (b) Personal services establishments Hyannis Zoning 7-14-05 Clean 14 �. .,�'tc�� 1.0�,de� �'� `�� General Code E-Code: Town of Barnstable, MA Page 1 of 3 240-35. Groundwater Protection Overlay Districts. [Added 11-7-1987 by Art. 2; amended 11-4-1989 by Art. 5; 8-19-1993 by Order No. 93-105] A. Purpose. The purpose of this section is to protect the public health, safety, and welfare by encouraging nonhazardous, compatible land uses within groundwater recharge areas. B. Districts established. In order to carry out the purpose of this section, the following overlay districts are hereby established, and shall be considered as superimposed over any other district established by this chapter: AP Aquifer Protection Overlay District GP Groundwater Protection Overlay District WP Well Protection Overlay District (1) The GP Groundwater Protection Overlay District is based on Zone 11 delineations to existing, proven future, and proposed future public supply wells, as determined by Geraghty and Miller, Inc., and as shown on Figure 44, in their report entitled "Groundwater Conditions, Town of Barnstable, Massachusetts, Volumes I of III; together with Appendices A-D and E-H in Volumes II of III and III of III," dated November 1993 and "Corrections, Zone II Delineations for Public Water Supply Wells, Town of Barnstable, Massachusetts,"dated December 1993; except that the GP Groundwater Protection Overlay District (Zone II), to Barnstable Fire District wells 3 and 4, is delineated by Whitman and Howard, Inc. in a report entitled "Report on Prolonged Pumping Test and Zone II Delineation at Test Well Site 8-90, Barnstable Fire District, Barnstable, Massachusetts," dated October 1991. The Zone II delineations to existing and proven future wells have been approved by the Department of Environmental Protection, Executive Office of Environmental Affairs, Commonwealth of Massachusetts, in a letter to the Town of Barnstable dated March 13, 1996. (2) The WP Well Protection Overlay District is based on a five-year time of travel zone to existing, proven future and potential future public supply wells, delineated by Geraghty and Miller Inc., in reports referenced above, except that the WP Zone to Barnstable Fire District Well No. 2 is delineated by Earth Tech, consultant to Barnstable Fire District, summarized in a letter and a map to the district dated May 13, 1997. The WP Well Protection Overlay District to Barnstable Fire District 2 is that portion of the five-year time of travel zone located within the GP Groundwater Protection Overlay District(Zone 11). (3) The AP Aquifer Protection Overlay District consists of all areas of the Town, except those areas within the GP Groundwater and WP Well Protection Overlay Districts. The reports, letters and maps are on file with the Town Clerk. [Amended 9-17-1998 by Order No. 99-012] C. Overlay.Districts Map. The overlay districts established by this section (the GP Groundwater Protection District; the WP Well Protection Overlay District; and the AP Aquifer Protection Overlay District)are shown on the Official Zoning Map, § 240-6A, Identification of Zoning Map. [Amended 9-17-1998 by Order No. 99- 012] D. District boundaries. Where the overlay district boundaries divide a lot, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located. [Amended 9-17-1998 by Order No. 99-012] E. AP Aquifer Protection Overlay District regulations. (1) Permitted uses. The following uses are permitted in the AP Aquifer Protection Overlay District: (a) Any use permitted in the underlying zoning districts, except for those uses specifically prohibited by Subsection E(2) herein. (2) Prohibited uses. The following uses are prohibited in the AP Aquifer Protection Overlay District: (a) Any use prohibited in the underlying zoning districts. F. GP Groundwater Protection Overlay District regulations. (1) Permitted uses. The following uses are permitted in the GP Groundwater Protection Overlay District: (a) Any use allowed in the underlying zoning districts, except those uses specifically prohibited in Subsection F(2) herein: http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdoc&Dodd=56&Index=C... 3/29/2007 General Code E-Code: Town of Barnstable, MA Page 2 of 3 (2) rohibited uses. The following uses are prohibited in the GP Groundwater Protection Overlay District: (a) Any use prohibited in the underlying zoning districts. (b) Landfills and open dumps as defined in 310 CMR 19.006. —�(c) Junkyards, salvage yards and automobile graveyards, as defined in MGL Ch. 140B, § 1.Editor's Note:See Ch.502,Junk Dealers. (d) Mining of land, removal of sand and gravel, and quarrying of other raw materials. (e) The removal of soil, loam, sand, gravel and other mineral substances to within four feet of the historic high-water mark unless the substances removed are redeposited within 45 days and the final grade exceeds four feet above the historic high-water mark, and except for excavations for the foundations of buildings and structures and the installation of utilities. (f) Underground fuel storage tanks. Editor's Note:See Ch.326, Fuel and Chemical Storage Systems. (g) Storage for resale of heating fuels, including but not limited to, oil, coal, gas and kerosene. (h) Sewage treatment plant, disposal works, or small package treatment facility subject to 314 CMR 5.00, except for the following: [1] The replacement or repair of an existing facility that will not result in a design capacity greater than the design capacity of the existing system(s); [2] Treatment works approved by the Department of Environmental Protection designed for the treatment of contaminated ground or surface waters; and [3] Sewage treatment works including package treatment facilities, which are owned and operated by the Town of Barnstable, and located in areas with existing water quality problems attributable to current septic systems where there will be a net improvement in water quality with the installation of the treatment facility. (i) Commercial feeding of livestock. Q) Storage of road salt or other deicing materials. (k) Metal plating, finishing and polishing. (1) Chemical and bacteriological laboratories. (m) Boat, motor vehicle and aircraft cleaning, service and repair. (n) Dry-cleaning processing establishments. (o) Furniture stripping, painting and refinishing. (p) Any other use which generates, treats, stores or disposes of hazardous waste that are subject to MGL Ch. 21 C and 310 MCR 30.00, except for the following uses: (1] Very small quantity generators as defined by 310 CMR 30.00; [2] Waste oil retention facilities for retailers of motor oil required and operated in compliance with MGL Ch. 21, § 52A. [3] Treatment works approved by the Department of Environmental Protection designed in accordance with 314 CMR 5.00, for the treatment of contaminated ground or surface waters. [4] Household hazardous waste collection centers or events operated according to 310 CMR 30.390. (q) Landfilling of sludge and septic as defined in 310 CMR 32.05. (r) Storage of sludge and septage, as defined in 310 CMR 32.05, unless in compliance with 310 CMR 32.30 and 310 CMR 32.41 (s) Storage of animal manures'unless protected from the elements and contained in a structure which prevents leachate from contaminating groundwater, in accordance with all the requirements of the United States Soil Conservation Service. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdoc&DocId=5 6&Index=C... 3/29/2007 General Code E-Code: Town of Barnstable, MA Page 3 of 3 (t) Stockpiling and disposal of snow and ice removed from highways and streets located outside of the GP and WP Districts which contains sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for ice and snow removal. (u) Storage of liquid petroleum products of any kind, except those incidental to: [1] Normal household use and outdoor maintenance or the heating of a structure; [2] Waste oil retention facilities required by MGL Ch. 21, § 52A; [3] Emergency generators required by statute, rule or regulation; [4] Treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters; and provided that such storage is either in a freestanding container within a building or in a freestanding container above ground level with protection adequate to contain a spill the size of the container's total storage capacity; however, replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline is allowed consistent with state and local requirements; and [5] Any other use which involves as a principal activity or use the generation, storage, use, treatment, transportation or disposal of hazardous materials. (3) Lot coverage. Unless the applicant demonstrates that all runoff is recharged on site, no more than 15% or 2,500 square feet, whichever is greater, of the total area of any lot shall be rendered impervious by the installation of buildings, structures and paved surfaces. If all recharge is disposed of on site,no more than 50% of the total upland area of any lot shall be made impervious by the installation of buildings, structures, and paved surfaces. (4) Site clearing. A minimum of 30% of the total upland area of any lot shall be retained in its natural state. This shall not prevent the removal of dead, diseased or damaged trees. G. WP Well Protection Overlay District regulations. [Amended 8-19-1993 by Order No. 93-105] (1) Permitted uses. The following uses are permitted in the WP Well Protection Overlay District: (a) Any use allowed in the underlying zoning districts, except those specifically prohibited in Subsection G(2) herein: (2) Prohibited uses. The following uses are prohibited in the WP Well Protection Overlay District: (a) Any use prohibited in the underlying zoning districts. (b) All uses prohibited in Subsection F(2) herein. (c) Parking and/or storage of transport vehicles for fuel, including but not limited to oil, coal and gas. (d) Parking and/or storage of transport vehicles for toxic and/or hazardous substances. (e) Any use which uses, generates or stores, including racking for resale, toxic or hazardous substances, totaling at any one time more than 50 gallons liquid volume or 25 pounds dry weight. (3) Lot coverage. Unless the applicant demonstrates that all runoff is recharged on site, no more than 15% or 2,500 square feet, whichever is greater, of the total area of any lot shall be rendered impervious by the installation of buildings, structures and paved surfaces. If all recharge is disposed on on site, no more than 50% of the total upland area of any lot shall be made impervious by the installation of buildings, structures, and paved surfaces. (4) Site clearing. A minimum of 30% of the total upland area of any lot shall be retained in its natural state. This shall not prevent the removal of dead, diseased or damaged trees. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdoc&Dodd=56&Index=C... 3/29/2001 ❑ SUMMONS FOR DEFENDANT DOCKET NUMBER Trial Court of Massachusetts ® SUMMONS FOR WITNESS I MAGISTRATE HEARING District Court Department SESSION: ❑ CRIMINAL ❑JUVENILE ❑ JURY lM MAGISTRATE HEARING NAME AND ADDRESS OF COURT DIVISION NAME,ADDRESS AND ZIP CODE OF DEFENDANT Barnstable District Cou. ~� r YOU MUST Route 6A APPEAR AT Barnstable, Ma. 02630 THIS COURT TIMOTHY J. FERREIRA ADDRESS ONTHE DATE DATE AND TIME OF APPEARANCE AND TIME SPECIFIED HEREIN L J �J -A_/?g/n7 AT ?,nn PM. DATE TIME NAME,ADDRESS AND ZIP CODE OF WITNESS OFFENSE(S) r ROBIN GIANGREGARIO TOWN OF BARNSTABLE BUILDING DEPT. HYANNIS, MA 02601 L J ® EC EE VE MAR 2 0 2007 TOWN OF BARNSTABLE To the above named ❑ Defendant ® Witness: CA/W&M/LICENSE/PARVVORDMOL You are hereby ordered to appear in this Court on the appearance date noted above ❑ To answer to a criminal complaint charging you with the offense(s) listed above. 51 To give evidence and testify on behalf of the © Commonwealth ❑ Defendant in the matter described above, and to appear from time to time and day to day thereafter as ordered. You are further required to bring with you: FIRST JUSTICE DATE OF ISSUE CLERK-MA I TRA � WITNESS: Hon. W. James O'Neill 3/19/07 WARNING TO DEFENDANT OR WITNESS: Failure to appear in accordance with this summons may result in the issuance of a warrant for your arrest. Please bring this document with you to court. ATENCION: Esta-es u a not .cacion ofai'de la cone. c /// / S/iyu�s(t'ed/Uno�sabe_leeringles, obtenga traduccion! Y DC-CR-7(1M4) V NAME Of 01 N urn I �p K � Glb j �� 111, O O O C Z W —� j TOWN "F ADDRESS OF OFFENDER - - t, !TT 7D 70 -n p Cr0 :. O I CITY,STATE,ZIP OD 1 O �ME -u�m MV/MB REGISTRATION NUMBER { Z fTT OFFE E uj v D` ,S C = =� o < o no Z 1.. +ESP►,0 \ +� /\� LU 7 O Z�• O fA 37 -1 D to . m y o w m c < y m c a �+' T ! TIMEAND DA OF VIOLATIO W 'm m g= a-�c 3 o r*+ �9 Q W c m T T R LOCATI N OF OLATION m m�m �m� z~ { "' _ T I NOTICE OF p ( •M / P.M.)ON -101 ,20 6 ��' D m fm n tz" J I m m y m O m osi 3 =a' a 0 n r = e i s 1 Sid AT OF FZIFO P N ENF CING DEFT. IV/ BADGE NO. y m 4 sm� Z� z ®� I VIOLATION � I z� mg �m, ma j j OF TOWN LU I HE Y ACKNOWLEDGE REC CITATION X ' 8 8y z�m -� d o .Z O Unable to obtain signature of offender. ~ o O c3 �m ,�; c ORDINANCE THE NONCRIMINAL FINE FOR THIS OFFENSE IS S i O6•�. �m g M t ( 1X-13-,6L W om m�� �D p Date mailed m c m 1 OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD.TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL O� b;m zm �� Z DISPOSITION WITH NO RESULTING CRIMINALAECORD. w mmm REGULATION O Y PY P ve a c z m 1 You ma elect to a the above floe,either by a peering In rson between 8:30 A M.and 4:00 P..M.,Monday through Friday,legal holidays eueepted, ty O � ^' 1 before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or mailing a check,money order or postal note to Barnstable Clerk P.O.Box 430, c O by g �� �� m y �� �'m_ D�•o c m � � ' I Hyannis,MA 02801,WITHIN TWENTY-ONE(21)DAYS OF.THE DATE OF THIS NOTICE. <�m a 1 I (2)If you desire to contest this matter in a noncriminal roceedln ou ma do so by making wrtten request to DISTRICT COURT DEPARTMENT,FIRST u o m m WS m z10 tn_ m BA p gg yy yy O 3 -D1 RNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and endow a copy of this T �s ! citation for a hearing. E E m E o h' W f m g ^� Z (3)If you tali to pay the above offense or to request a bearing within 21 days,or N you fail to appear for the hearing or to pay any fine determined at the m o - k7�9 v x w I hearing to be due,criminal complaint may be issued against you. f=o �0 l io m > y 0 z3 O�m o m om► 1 n ❑ I HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of$ i iL 125E DOD❑ OTWO 90Dt'_ signature _ c - —� i z T29E 0000 OT90 9DaZ i ----- AR 72 6 ......... .. 2 m c� NAME OF QFF DER 03 SAD J re)' B o� man s r —b " TOWN 'F ADDRESSOFOFPE DER c K D o00 = Z S /� _ CITY, T,TEt ZIP CODE a ro m J BARN AB ' gc 3 ` piFT � ) o m �•c o. = y I € OFFEN Cn / m !a�CD 0 CD o s O . 3 C/)� _ 8 OF TOWN O t� , I HPEBY ACKNOWLEDGE REC IPT OF CITATION X a ORDINANCE unable to obtain Signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS i In. co �}}; �+ }_s Date mailed �� 3 () W m i1 s� z YJ OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a REGULATION . DISPOSITION WITH NO.RESULTING CRIMINAL RECORD. ►u N PLEASE PEEL TAPE TO SEAL ENVELOPE. (1)You may elect to pay the above fine,either by appearing in person between&30 A.M.and 4:00 P.M.,Mond ay through Friday,legal holidays excepted, W before:The Barnstable Clerk 200 Mein Street,Hyannis,MA 02601,or by mailing a check;mono order or ostal note to Barnstable Clerk,P.O Box 430, J Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. CL &((2))If you desire to contest this matter in a noncriminal proceeding,'yyoou may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST &INSTABLE DIVISION,COURT COMPOUND,MAIN STREET BARN ABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or If you fail.to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ I Signature _ __