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HomeMy WebLinkAbout104 & 98 HIGH SCHOOL ROAD -- f loy a—R � 1 Pemits/Licenses & COIs 98 High School Road,Hyannis The Embassy Inn-Timothy Leo Maloney TYPE WORK/USE PERNUT# DATE Bldg utility shed 20087 04/12/1978 Bldg garage accessory to dwelling 22322 07/07/1980 Bldg addition to SF 28991 03/04/1986 Bldg addition SF 30814 06/04/1987 - Bldg 2nd floor addition to SF 31881. .05/10/1988 1 Bldg construct 2 stry garage 16539 07/15/1996 Plbg 2nd fir lav for residence 18130 09/23/1996 � Lodging Lie 6 rooms/12 lodgers 25 01/01/2009 COI 6 Lodging rooms/capacity 12 201006370 12/312010 Lodging Lie 6 rooms/12 lodgers = 25 01/01/2011 Miscellaneous Information contained in file Field card from Assessing 1980 Copy certified letter to K.Maloney from Daluze- overcrowding 07/05/1985 Copy of notice to KM—several violations—egress/overcrowding 07/19/1985 Field card from Assessing 07/09/1995 Copy of Complaint-Tim Maloney-building apt over garage/overcrowding 07/22/1996 Noted response to above complaint-garage under construction/no utilities 07/29/1996 Copy of response to complaint by K.'Maloney 08/02/2002 Complaint Inquiry Report over crowding(GMU) 08/15/2002 Copy of blank weekly rental agreement&notice to tenants 08/15/2002 Print out of Embassy Inn web page 02/27/2009 Copy of letter re: code violations 08/18/2011 Copy of inspection report by RA '08/22/2011 Anderson, Robin From: Anderson, Robin Sent: Friday, April 20, 2018 9:29 AM To: Florence, Brian Subject: 98 & 104 High School Rd Licensing Vs. Zoning approvals Brian, Per your request, please find a brief history relative to use on the Irish Embassy: 07/05/1985 Joe DaLuze- letter to Tim Maloney regarding overcrowding and unsanitary conditions. 07/19/1985 Joe DaLuze—letter indicates there is a violation in the number of lodgers as well as un-permitted bedrooms in the basement. It also identifies the subject property to be located in the RB zone. The former commissioner calls out that with proper licenses and inspections no more than 6 lodgers is allowed. (Relief was required for more than 3 lodgers and a special permit provision was in place at that time that allowed up to 6 lodgers.) 06/10/1991 A memo from Joe DaLuze is attached to the ZBA application clarifying that the applicant is seeking approval for 6 lodgers as 3 lodgers are allowed as of right. Building Commissioner notes he has not seen a proposed plan. June 1991 Somewhere between 6/1091 & 6120191 An application for the ZBA must have been submitted. 06/20/1991 Staff report from Bob Schernig, Planning Director(concerning ZBA application)—declared proposal to be a multi-family use and structure. He noted that this proposal triggered a SPR. No SPR had been submitted. 06/27/1991 ZBA hearing scheduled to be heard but was.continued. 07/25/1991 Letter from Atty Michael Stusse regarding continuation of ZBA hearing from 6/27/91 in order to obtain SPR approval. 08/06/1991 ZBA 1991-36 Application withdrawn w/o prejudice—seeking conditional use permit to demo existing dwelling&garage and construct a new 3200 sq.ft. boarding house. 12/13/1993 Articles of Organization: "To provide emergency shelter and housing for women and children in a transitional facility who are coming from a homeless, abused or violent living situation while they being processed for a Housing Certificate from the state or Federal Government. To provide workshops staffed by volunteers in order to educate women in the area of health, betterment, management of funds and daily routines." (93-347650). Street file: Contains copies of lodging licenses allowing 6 rooms& not exceeding 12 lodgers for 2009, 2011, 2014, 2016&2018. A COI dated 12/31/2010 was signed by Tom,Perry. It appears that the applicant may have implemented his boarding house plan based on the zoning exempt principle extended to non-profit educational uses. There is no record or evidence in our file that indicates an official review 1 occurred or was granted. In fact, there is no evidence that Mr. Maloney ever opened the doors to abused women and children at all. What I did find in the file is a long standing record of overcrowding, unpermitted, unsafe and unsanitary conditions. There is documentation concerning the rental of rooms to foreign students, not abused women and children.The property became a de facto lodging house with a storied history of complaints. The licensing authority appears to have granted a license for 6 rooms/12 lodgers without investigating the legality of or the actual use on site. Mr. Maloney has presented his lodging license for 12 as proof of a valid and legal use even in light of the fact that there is no evidence of the required zoning relief to operate in such a manner. A subsequent buyer must pursue a lodging license in their own name.This would be an opportune time to seek the zoning approval to necessary to legitimize the lodging house use once and for all. Please advise me accordingly in order that I may inform the intended buyer. p�bta Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi 508-862-4027 2 f 3 JOSS syrw. kj a, y#*+ i Building InipertosiL }: z TOWN MR-1 M RD S AB B U 1 L D 1=N G ii UiN S R,E'C T�0 R , TOWN OFFICE BUIL�GiDING - �; u HYANNI'S MA�SSO1 a. tea, r 3f 4YWn ' � b fax `'' . y �. � " July-�5, 1985 x V `#,, 5#%n 4 k dy e i r A. Y.^ CERTIFIED MAIL�P5 s2 196T. .Mr. Kerry P. Maloney d9;8High��School,�Road�,; - � N = z ^ Hy.anns-,k=Ma:x� 02601 ` Dear .Mr. Maloney: After numerous complaints the Deputy Licensing Agent .and I visited your property on High School Road. . The complaints have been .regarding overcrowding and unsanitary .living_condit`ions. It is .also my understanding that many Irish students working in our Town reside .at this. location. To condone such conditions would cause our visitors to accept this as our policy. I -am, therefore, requesting an inspection of this pro- perty on July 15th, with the appropriate agencies present. Failure to comply will cause a request by the Board of Selectmen' to revoke-' your Lodging-House- License. Peace, Joseph D. Dal,uz Building Commissioner t JAD/dm cc: Town Counsel Board of .Selectmen Board of Health TELEPH N 15-1120/07 . ..,. TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS. MASS. 02601 July 19, 1985 Mr. Kerry P, Maloney 98 High School Road Hyannis, MA 02601 Re: Lodging House inspection Dear Mr. Maloney: Mr. Following a written request, Richardyou h r dwelling locatedo building inspector made an inspection of Several violations were noted includ- 98 High School Road, Hyannis. e basement in violation of "means ing the existence of bedrooms in th of egress" . Please be advised that your property is located in a Residence B. zoning district which permits, with proper inspections and a license, no more than six (6) lodgers. At present you are in excess of the number of lodgers permitted and therefore, in violation. The penalty for such a violation can be rather costly at $100.00 a day. Please contact my office as to how you plan to comply with our zoning by-law. Peace, i ( Joseph D. DaL z `\_Building Commissioner JDD/gr PermitsUcenses & COIs 98 High School Road,Hyannis The Embassy Inn-Timothy Leo Maloney TYPE WORK/USE PERAM# DATE Bldg utility shed 20087 04/12/1978 Bldg garage accessory to dwelling 22322 07/07/1980 Bldg addition to SF 28991 03/04/1986 Bldg addition SF 30814 06/04/1987 Bldg 2nd floor addition to SF 31881 . 05/10/1988 Bldg construct 2 stry garage 16539 07/15/1996 j Plbg 2nd flr lav for residence 18130 09/23/1996 � Lodging Lic 6 rooms/12 lodgers 25 01/01/2009 COI 6 Lodging rooms/capacity 12 201006370 12/312010 Lodging Lic 6 rooms/12 lodgers = 25 01/01/2011 Miscellaneous Information contained in file Field card from Assessing 1980 Copy certified letter to K. Maloney from Daluze- overcrowding 07/05/1985 Copy of notice to KM—several violations—egress/overcrowding 07/19/1985 Field card from Assessing 07/09/1995 Copy of Complaint-Tim Maloney-building apt over garage/overcrowding 07/22/1996 Noted response to above complaint-garage under construction/no utilities 07/29/1996 Copy of response to complaint by K. Maloney 08/02/2002 Complaint Inquiry Report over crowding(GMU) 08/15/2002 Copy of blank weekly rental agreement&notice to tenants 08/15/2002 Print out of Embassy Inn web page 02/27/2009 Copy of letter re: code violations 08/18/2011 Copy of inspection report by RA 08/22/2011 Findings of 8/22/2011 Inspections Report First floor has 3 bedrooms with bunk beds*: Providing minimum sleeping capacity- 12 Providing maximum sleeping capacity— 16 Second Floor has 5 bedrooms although we only accessed 3 The three bedrooms we inspected *: Provides a minimum sleeping capacity of 9 Provides a maximum sleeping capacity of 14 Combined total lodgers of 21 or 30 without the added capacity of the other two bedrooms *Some bunk beds accommodated 3 people a double on the bottom and a single on the top. "These figures do not factor in the two bedrooms that were not inspected License limits occupancy of house to 12 in no more than 6 rooms. Website'advertised seven rooms. TO TOWN OF BA R ZONING BOARD OF APPEALS uaLim -- ; _ == >> > VARIANCE - WITHDRAWAL WITHOUT PREJUDICE DECISION AND NOTICE APPLICANT: TIMOTHY MALONEY APPLICATION: ## 1991-36 At a regularly scheduled meeting of the Barnstable Zoning Board of Appeals, held on July 25, 1991 , notice of which was duly published and forwarded to a'll interested parties pursuant to Chapter •40A of the General Laws of Massachusetts, the -petitioner-, Timothy Maloney, through attorneys Gary Nichols and Michael Stusse, requested of the Board that he be allowed to withdraw without prejudice his application for a Special Permit pursuant to Section 3- 1 . 1 (3) (A) of the Zoning. Ordinance for conditional use consisting of the rental rooms to no more than six (6) lodgers in one ( 1 ) multi-family dwelling. DECISION: I 'Based upon the information provided, at a meeting held on July 25, 1991 , by a motion duly made and seconded, the Zoning Board of Appeals , voted to allow the applicant to - withdraw without prejudice his application for a Special Permit. The vote on -the motion was as follows: AYES: BOY, NIGHTINGALE, BURLINGAME, NILSSON, LALLY NAYS: NONE THE REQUEST OF WITHDRAWAL WITHOUT PREJUDICE IS GRANTED. XA1'L •TOWN OF BARNSTABLE ' c f6T9 Y� APPLICATION FOR A SPECIAL PERMIT Kay 31, 1991 Appeal Date filed with Hearing date -town Clerk Decision due fhe undersigned hereby applies to the .Barnstable Zoning Board of Appeals, -or a Special Permit, in the- manner and for the reasons hereinafter set =orth: l Applicant Name: Timothy Maloney Tel : 775-6402 - Address : P• 0. Box 741, West Hyannisport, MA 02672 Owner Name: Same as above Tel•: Address: 1 How long have- you owned the property: 1989 1 Lf applicant Is different from owner, state nature of interest: N/A Location of property:_ 104 High School Road : Hvannis MA Assessor' s map # 308 Lot (s) # Parcel 241 Zoning district: RR ? ' Number of but-ldings on lot 2 Total.• fIoor area Present use of premises - Single family dwelling and garage not Presently in use ,' to be r4.zed and removed. 0 Proposed use of premises and extent of proposed construction : Construction of 3206 square foot + single family .dwelling to be used as boarding house . l Has .BuiIdIng Commissioner refused a building permit: yes ; no- 2 Pursuant to what section of the zoning bylaw do you apply for a Special Permit: ` Applicant seeks a S ecial 'Permit p pursuant to Section 5 . 3 . 3 for a conditional use authorized at Section 3 . 1'. 1 (3) A i t i 13' State your reasons for applying for a Special Permit : The- applicant desires to remove two unused dilapitated buildings - on his property and .replace them with a new single-family residence. In order to be economically feasible the applicant will have to rent rooms to lodgers as authorized in the.-bylaw -by Special Permit , 14 IMPORTANT - All Special Permit applications •must include the following -information,. drawn to scale, with the application form: 1 -the •dimensions of the land; 2 the location. of existing buildings on the land; 3 the exact location of the improvements sought to be placed on the r land. Applications filed without such A nformation will be returned without action by the Board of Appeals. 15 ' Site Plan Review: Certain applications to the Zoning Board of Appeals for a Special Permit require sate plan review pursuant to Secion 4-7 of the Barnstable Zoning Bylaw. Therefore, this question .must. be completed by the Building Commissioner or his designee to . determine if- site plan review is required - for your application. If site plan review is not required, the Building Commissioner shall indicate so in the space provided below and you may file this application with the Town Clerk and the office of the Zoning Board of Appeals . If .site plan review is . required, you must first obtain a "Certificate of Review" from the Building Commissioner which indicates that you have completed the site plan .review process. The Building Commissioner' s office will provide you with the necessary information to apply for site plan review if it is required. if site. ' plan review is required, failure of the applicant to include a "Certificate of Review" when this application is filed with the 7_oning Board of Appeals shall be grounds for denial of the Special Permit._ Site Plan Review is required for this application. l--no, Site .Plan Review is not required for the following reasons : S2< C ~I (Z Respectfully submitted 'TIMOTHY MALONEY! B His Attorney (signature) �A (date) May 31 , 1991 MICHAEL B STUS ARDITO , SWEENEY, STUSSE, ROBERTSON & DUPUY, P .C . � L El�f E COPY TOWN OF BARNSTAB_E ZONING BOARD OF A?PE,`'.1.S ' TOWN OF BARNSTABLE -DEPARTMENT OF PLANNING AND DEVELOPMENT Staff Report June 20, 1991- TO: Barnstable Zoning Board of Appeals FROM: Robert Schernig, Director Mohammad Tariq, Associate Planner SUBJECT: Appeal # 1991-36 Applicant - Timothy Maloney Address - 104 High : School Road, Hyannis, MA Special Permit - Section 3-1 . 1 (3) (A) Map/Parcel - 308/241 Zone - RB - Residential B APPLICANT'S PROPOSAL: The premises is a .36 acre parcel of land and contains a single familly. dwelling and a detached garage. The applicant proposes to raze the existing structures and construct a 3 ,200 sq.ft. of single family dwelling to' be used as boarding house. The boarding house will contain six (6) bedrooms and._ manager's quarters . A site plan of land subm-i tted by-the applicant shows parking for five (5) vehicles . APPLICANT'S .REQUEST: The applicant is seeking a Special Permit under Section 3- 1 . 1 (3) (A) . of' the Zoning Ordinance for conditional use consisting of the rental of rooms to no more than six (6) lodgers in one ( 1 ) multi-family dwelling. STAFF COMMENTS: 1 . Pursuant f.o erection 3- 1 . 1 (3) (A) this proposal is for a multi-family:.apartment building not a single family dwelling and it should be subject to a site plan review pursuant to Section 5-3 . 1 (2) (C) "Special Permit Provisions" of the Zoning Ordinance. 2. Pursuant to .Section 4-2 .7 of the Zoning Ordinance, the proposed use':.on this site would requ.ire at• 1 east- 9 park,i ng spaces, ( 1 . 2.,spaces for each of the 6 lodging units and . 1 additional srbce for the manager' s quarters ) . Additional spaces for 'visitor parking should be considered. The applicant Figs provided only five parking spaces for -this use . Moreover, no handicapped parking is provided, even though the )�tpted use is for the handicapped. 3 . No floor plan for the proposed building was submitted with the application. The applicant should be required to submit a floor plan of the building to show the total number of bedrooms . and the number of kitchens to be provided for the boarding house ( multi-family dwelling) . Summary In accordance with the Section 5-3 .3 (2) (C) of the Zoning Ordinance, the issuance of a Special Permit requires a site plan that has been reviewed and found approvable in accordance w•i.th Section 4-7 . of the Zoning Ordinance. A. letter from the 'Building Commissioner has been received in the Zoning Board office on this appeal . If the Board wishes , the above requirement may be a ground . for denial : Alternately, . if the Board wishes to allow the applicant a -sufficient time for a completion of the site plan review process , the applicant should agree to an extension ofi.twenty (2.0) working days at minimum in order to complete said review... ' cc : Building Department Health Department Site Plan Review Meeting December 17j:- 19 9 2 .. , rt Present: Joseph DaLuz, Alfre &tArt T�aczyk, Planning;MThomas rMarcello'DPW;eThomas schernig, Anna Brigham McKean, Health; Robert Gatewood, conservation; Lt. Hu9-92 & Lt. Chase, Hyannis Fire Dept.; Thomas Geiler, Consumer Affairs; FOR SP-29-92: JiIII Jodas, Down Cape Engineering; FOR SP-32-92: Robert Sykes & Steven Raleigh, S. V. Raleigh, Corp.; FOR sP-44-92 & SP-46-92: Attorney Michael Ford. SP-32-92 Timothy Maloney, 98 High School Road, Hyannis ----- Mr. Raleigh responded to previous staff comments. He reported that Lot #98 currently has a.lodging house license. He thought it had been in- effect- nine or ten years. Regarding the use, he said that the building shelters battered women and homeless children.. The applicant has dealt directly with the-Welfare Dept. in this capacity. He maintained there was not a large demand for parking. - No easement will be necessary as all functions (i.e. parking & drainage) will be confined to Lot #98. Mr. schernig questioned whether or not this was a pre-existing non-conforming use, or has it been granted relief? If not, the applicant must apply to the ZBA. Mr. Martin believed the use had 'been in effect at least twelve years. Mr. DaL'uz pointed out that if this is licensed by the State, it will be exempt from local zoning. Lt. Hubler explained that if the enterprise is either presently licensed by the Massachusetts -Dept. of Welfare or is in the process of becoming licensed, it would be considered a "limited group home,,. 'This_is a critical piece of information and was also requested at the December. 10 meeting. Mr. Raleigh agreed to obtain this information. Mr. Raleigh explained that the applicant was only interested in increasing the size of the building - not the number of people being housed. Mr* schernig pointed out that if the applicant is moving .toward a Commonwealth license and has requested the site plan be reviewed on that basis, the- site plan wont be approved until the licensing has been obtained. Mr. DaLuz noted the addition of a third floor would require a variance from the ZBA unless the square footage is -reduced to less than half the square footage of the floor below it Mr. Raleigh requested an extension of time. The length of the extension to be determined after he checks with the Commonwealth. A revised plan was submitted and withdrawn. TOWN OF BARNSTABLE ZONING BOARD OF APPEALS VARIANCE - WITHDRAWAL WITHOUT PREJUDICE DECISION AND NOTICE APPLICANT: TIMOTHY MALONEY APPLICATION: ## 1991-36 At a regularly scheduled meeting of the Barnstable Zoning . Board of Appeals, held on July 25, 1991 , notice of which was duly published and forwarded to all interested parties pursuant to Chapter .40A of the General Laws of Massachusetts, the .petitioner, Timothy Maloney, through attorneys Gary Nichols and Michael Stusse, requested of the Board that he be allowed to withdraw without prejudice his application for a Special Permit pursuant to Section 3- 1 . 1 (3) (A) of the Zoning Ordinance for conditional use consisting of the rental rooms to no more than six (6) lodgers in one ( 1 ) multi-family dwelling. DECISION: I Based upon the information provided., at a meeting held on July 25, 1991 , by a motion duly made and seconded, the Zoning Board of Appeals voted to allow the applicant to . withdraw without prejudice his application for a Special Permit. The vote on -the motion was as follows : AYES: BOY, NIGHTINGALE, BURLINGAME, NILSSON, LALLY NAYS: NONE THE REQUEST OF WITHDRAWAL WITHOUT PREJUDICE IS GRANTED. 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 Clerk of the Town of Barn Barnstable County, Massachusetts, hereby y certif that twenty stable, Y y (20) days 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. i Signed and Sealed this 1p Y of day �, � 19 1 pains and p e1 under the P penalties of er�ury. n Distribution: ; Property Owner P � Town.Clerk Town Clerk . Applicant Persons Interested Building Inspector Public Information Board of Appeals OF i c rp 7LUST �s >oo �6J9 TOWN OF BARNSTABLE APPLICATION FOR A SPECIAL PERMIT �� {a t.f 3 OW L. May •31, 1991 -_- � . 1, 1 Date filed with APPea 1 e`# a_�, Hearing date Town Clerk Decision due The undersigned hereby applies to the .Barnstable Zoning Board of Appeals , for a Special Permit, in the manner and for the reasons hereinafter set forth: I Applicant Name: Timothy Maloney Tel : 775-6402 - Address : P. O. Box 741 , West Hyannisport, MA 02672 2 Owner Name: Same as above Tel : Addresss 3 How long have you owned the property: 1989 4 If applicant is different from owner, state nature of interest : N/A Location of property: 104 High School Road ' Hyannis MA Assessor' s map # 308 Lot(s) # Parcel 241 7 Zoning district: RR ? 3 Number of buildings on lot 2 Total. floor area 3 Present use of premises Single family dwelling and garage not presently in use to be r•�.zed and removed. 10 ' .Proposed use of premises and extent of proposed construction: Construction of 3200 square foot ± single family dwelling to be - ' used as boarding house . I 1 Has .Building Commissioner refused a building permit: yes no v 2 Pursuant to what section of the zoningbylaw do Y you apply for a i Special Permit: ` ` Applicant seeks a Special Permit pursuant to Section 5 . 3 . 3 for a I conditional use authorized at Section 3 . 1'. 1 (3) A . 13 State your reasons for applying for a Special Permitt The- applicant desires to remove two unused dilapitated buildings on his property and .replace them with a new single-family residence. In order to be economically feasible the applicant will have to rent rooms to lodger.s as authorized in the bylaw by Special Permit . 14 IMPORTANT - All Special Permit applications must include the following -information, drawn to scale, with the application form: I -the dimensions of the land; 2 the location of existing buildings on the land; 3 the exact location of the improvements sought to be placed on the land. Applications filed without such information will be returned without action by the Board of Appeals. 15 Site Plan Review: Certain applications to the Zoning Board of Appeals for a Special Permit require site plan review pursuant to Secion 4-7 of the Barnstable Zoning Bylaw. Therefore, this question .must be completed by the Building Commissioner or his designee to determine if site plan review is required for your application. If site plan review is not required, the Building Commissioner shall indicate so in the space provided below and you may file this application with the Town Clerk and the office of the Zoning Board of Appeals . If site plan review is . required, you must first obtain a "Certificate of Review" from the Building Commissioner which indicates that you have completed the site plan .review process. The Building Commissioner' s office will provide you with the necessary information to apply for site plan review if it is required. If site ` plan review is required, failure of the applicant to include a "Certificate of Review" when this application is filed with the Zoning . Board of Appeals shall be grounds for denial of the Special Permit. yes , Site Plan Review is required for this application. L,--____no, Site .PIan Review is not required for the following reasons : L C 17 (Z Respectfully submitted TIMOTHY MALONEY , B His Attorney (signature) (date) May 31 , 1991 MICHAEL B . STUS ARDITO , SWEENEY, STUSSE , ROBERTSON & DUPUY, P .C . I Pill FIDE COPY _4 TOWN OF BARNSTABLE ZONING BOARD OF APPF`;LS TOWN OF BARNSTABLE - DEPARTMENT OF PLANNING AND DEVELOPMENT Staff Report June 20, 1991 TO: Barnstable Zoning Board of Appeals FROM : Robert Schernig, Director Mohammad Tariq, Associate Planner SUBJECT: Aprpeal # 1991-36 Applicant - Timothy Maloney Address - 104 High . School Road, Hyannis , MA Special Permit - Section 3- 1 . 1 (3) (A) Map/Parcel - 308/241 Zone - RB - Residential B APPLICANT'S PROPOSAL : The premises is a .36 acre parcel of land and contains a single family dwelling and a detached garage. The applicant proposes to raze the existing structures and construct a 3 ,200 sq.ft . of single family dwelling to be used as boarding house. The boarding house will contain six (6) bedrooms and,_a. manager' s quarters. A site plan of land' submitted by'_. fhe applicant shows parking for five ( 5) vehicles . APPLICANT'S BEQUEST: The applicant is seeking a Special Permit under Section 3- 1 . 1 (3 ) (A) of the Zoning Ordinance for conditional use consisting of the rental of rooms to no more than six (6) lodgers in one ( 1 ) multi-family dwelling. STAFF COMMENTS: 1 . Pursuant l.o Section 3- 1 . 1 (3 ) (A) this proposal . is for a multi-family apartment building not a single family dwelling and it shoul � be subject to a site plan review pursuant to Section 5-3 . :1. (2) (C) "Special Permit Provisions" of the Zoning Ordinance. 2. Pursuant to Section 4-2 .7 of the Zoning Ordinance, the proposed use: on this site would require at- least 9 park,ing spaces , ( 1 . 2 ,spaces for each of the 6 lodging units and I additional spice for the manager' s quarters ) . Additional spaces for visitor parking should be considered. The applicant liar provided only five parking spaces for this use . Moreover., no handicapped parking is provided, even though the stilted use is for the handicapped. 3 . No floor ._plan for the proposed building was submitted with the application. The applicant should be required to submit a floor- plan of the building to show the total number of bedrooms and the number of kitchens to be provided for the boarding house ( multi-family dwelling) . Summary In accordance with the .Section 5-3 . 3 (2) (C) of the Zoning Ordinance, the issuance of a Special Permit requires a site plan that has been reviewed and found approvable in accordance with Section 4-7 . of the Zoning Ordinance. A. letter from the Building Commissioner has been received in the Zoning Board office on this appeal . If the Board wishes , the above requirement may be a ground for denial . Alternately, . if the Board wishes to allow the applicant a sufficient time for a completion of the site plan review process , the applicant should agree to an extension of:,-twenty (20) working days at minimum in order to complete said review. . cc : Building Department Health Department ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW MATTACHEESE PROFESSIONAL BUII.DING 25 MID-TECH DRIVE, SUITE C WEST YAR MOUTH, MASSACHUSETTS 02673 EDWARD J.SWEENEY,JR. TELEPHONE(508)775.3433 OF COUNSEL MICHAEL B.STUSSE FAX(508)790.4778 GARY A.NICKERSON DONNA M.ROBERTSON 3166 MAIN STREET MATTHEW J.DUPUY BARNSTABLE,MA 02630 GARY V.NICHOLS ROSALES&ROSALES RICHARD A.DALTON THREE CENTER PLAZA BOSTON,MA 02108 CHARLES J.ARDITO,P.C. OF COUNSEL PLEASE REFER TO FILE NUMBER July 25, 1991 G2722Z Board of Appeals Town of Barnstable Town Office Building Hyannis, MA 02601 RE: Appeal# 1991-36 Timothy Maloney 104 High School Road, Hyannis Ma 02601 Dear Member of the Board: The hearing of this matter was continued .to today" s date at the Board of Appeals hearing of June 27 so that the proposal could be submitted for site plan review. - We have not yet been able to satisfy the demands of the Site Plan Review and obtain their approval. Therefore, I request on behalf of the applicant, Mr. Maloney,. that he be allowed to withdraw this application without prejudice. Thank you very much for your consideration. Mr . Maloney regrets any inconvenience which this has caused the board or interested parties. Very truly yours, Michael B. Stusse MBS/rs 2:7 06/95/91 P E = T I C)N TOWN OF BARNSTABLE ZONING BOARD OF APPEALS An application has been pr sented to the Barnstable Board of Appeals concerning .104 High School Road. The applicant is seeking a Special Permit to "remove two unused dilapidated buildings on his property and,....replace them with a new single-family residence. " However the Special Permit is being sought for the construction of a 3200 square foo-t_.• ± single-family dwelling to be used as a boarding house . As .�t� conditional use under Section 3 . 1 . 1 ( 3 )A, renting of rooms to noire than 6 lodgers in one multiple- unit dwelling is permitted with a Special Permit. _ This project does not meet the requirements as it is a single family dwelling with garage. It is inconsistent with the planning goals of the T. wn of Barnstable. It will create more traffic on an already overburdened area. We would request the Barnstable Board of Appeals to deny a Special Permit for this project. NAME ADDRESS VILLAGE IL 1 (1 ZQ AL 4 17 r 5 1 �- 17, �i a - O �.� ai - r 30 i t Tim Mal oney Appeal No . 1991-36 Application for Special Permit Questions to Board of Appeals 1 . STATEMENT: The building commissioner has exempted this project from site plan review because it is a single family dwelling. 2 . Present use is a "Single family dwelling and garage. " Why is the applicant seeking a special permit under Section 3 . 1 . 1 ( 3 ) A? This section states that the existing structure be a multiple-unit dwelling . It appears that the applicant is seeking to construct a multiple-unit dwelling with this special permit . That is not allowed in this Zoning District . 3 . In a letter dated June 10 , 1991 , Mr. DaLuz states, "Since three lodgers are permitted, the applicant was seeking a Special Permit/Variance to permit the renting of rooms to six (6) lodgers in a single family dwelling. " Could a member of this Board state where this is allowed by the Zoning Ordinance? 4. By issuing a Special Permit , is not the Board creating a no- conforming use? 5 . The present single family dwelling is occupied to date. Why is it stated that "the applicant desires o remove wo unused dilapidated buildings on his property. " The present area of said dwelling is 1016 square feet . The proposal is 3200 square feet. This is a substantial increase on a lot that is only . 36 of an acre . This is an over-intensification of use; . is it consistent, with the planning goals of the Town of Barnstable? 6 . If this new dwelling is a single family dwelling, why is there a need for a "manager's quarters" along with the 6. bedrooms? , 7.. Where are the plans drawn to scale as required by item 14 on the Board of -Appeals application? Why weren.'t these items available on my visit to the office of the Board of Appeals? 8 . In this applicationi there are only 5 parking spaces submitted. Calculating 1 . 2 times 6 plus 1 for a manager gives at least 8 spaces required, according to Section 4-2 . 7 . Why aren' t t ere -more parking spaces? 9. This Zoning District is an RB District , If the intent of this Board is to change this district by allowing increases as this, then why not change the whole district and give every homeowner the opportunity to do this type of project? At a prior hearing, it was stated by -this Board that the area is fraught with multiple unit housing. I suggest it is so, but until the Zoning is changed you must abide by it. G FILE COPS TOWN OF BARNSTABLE ZONING BOARD OF APPEALS Appeal No. 1991-36 In the Matter of thePetition of: ) WRITTEN AGREEMENT TIMOTHY MALONEY. 1991-36 ) TO EXTEND REQUIRED TIME LIMITS FOR PUBLIC HEARING (SPECIAL PERMIT) . Petitioner(s ) . Pursuant to G.L. c. 40A, s . 9, the Petitioners, TIMOTHY MALONEY ' and the Zoning Board of Appeals , agree to extend the required• time limits for the date. of the public hearing�on the above-captioned matter until ��� �-� It is further agreed that the required time limit for the Board of Appeals to file its Decision with the Barnstable. Town Clerk shall be extended until ninety (90) days from the .date of the termination of the re-scheduled public hearing. In executing this Agreement, the Petitioner(s) hereto specifically waive any claim for a constructive grant of relief based upon time limits applicable prior. to the execution of this Agreement . V . ZONING BOARD• OF APPEALS Signature: Petitioner or Attorney Printed: By: (Signature of Chai erson) Printed: Address of Petitioner or Attorney: TOWN OF BARNSTABLE 367 Main Street, New Town Hall Hyannis,Ma. 02601 - .--- ::•rye ,, JUNE 2 7, Date: JUKE 27, , 19 91 Date: cc: Town Clerk [enfhg-3 .doc]. ~ ��•',rye JOSEPH D.�DALUz i Building Commltrioner COPY . 4RTT><� FILE >XXXVWAXR27 dTOWN OF BARNSTABLE TELEPHONE 508-79076227[ BUILDING INSPECTOR EAMiSTABLE TOWN OFFICE, BUILDING HYANNIS, MASS. 02601 ZONING BOAD LS DATE: June 10, ' 1991 TO: Chairman, Board of Appeals FROM: Joseph D. DaLuz, Building Commissioner SUBJECT: Appeal 1991-36 104 High School Road, Hyannis A=308-241 There appears to be some confusion concerning the application filed under the name of Timothy Maloney. Since three lodgers are permitted, the applicant was seeking a Special Permit/Variance to permit the renting of rooms to six (6) lodgers in a single family dwelling. I have not seen the "plan" submitted by Attorney Stusse's client. T ON TOWN OF BARNSTABLEgjl ZONING BOARD OF APPEALS VARIANCE - WITHDRAWAL WITHOUT PREJUDICE DECISION AND NOTICE APPLICANT: TIMOTHY MALONEY APPLICATION: # 1991-36 At a regularly scheduled meeting of the Barnstable Zoning . Board of Appeals, held on July 25, 1991 , notice of which was duly published and forwarded to all interested parties pursuant to Chapter 40A of the General Laws of Massachusetts, the petitioner, Timothy Maloney, through attorneys Gary Nichols and Michael Stusse, requested of the Board that he be allowed to withdraw without prejudice his application for a Special Permit pursuant to Section 3- 1 . 1 (3) (A) of the Zoning Ordinance for conditional use consisting of the rental rooms to no more than six (6) lodgers in one ( 1 ) multi-family dwelling. DECISION: Based upon the information provided, at a meeting held on July 25, 1991 , by a motion duly made and seconded, the Zoning Board of Appeals voted to allow the applicant to withdraw without prejudice his application for a Special j Permit. The vote on the motion was as follows : AYES: BOY, NIGHTINGALE, BURLINGAME, NILSSON, LA.LLY NAYS: NONE THE REQUEST OF WITHDRAWAL WITHOUT PREJUDICE IS GRANTED. Message Page 1 of 1 Anderson, Robin To: McLaughlin, Charles Subject: RE: Maloney properties, High.School ROad Hi Charlie, Yes. Off of the top of my head-I believe the property to be a SF home that may currently allow for 3 unrelated lodgers as of right. I can't remember for sure but Mr Maloney may have been allowed 6 lodgers in that zone without relief prior to a zoning change. Any form of zoning relief requested in the past was clearly denied/withdrawn and not acted upon. Because of that inaction the property should have reverted to whatever was allowed as of right(3 or 6 lodgers). However,Mr.Maloney did manage to secure a license for 6 rooms and 12 people.I believe that this occurred without consideration of the zoning issues by the Licensing Authority back in the day. The license continued to be renewed and the business operates with a license today. I have provided a copy for you. If you need to me to further confirm let me know. p�g6Lc Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi 5o8-862-4027 -----Original Message----- From: McLaughlin, Charles Sent: Monday, October 31, 2016 5:16 PM To: Anderson, Robin Cc: Roma, Paul Subject: Maloney properties, High School ROad Robin, Did I understand you to say on Friday that the occupancy number.in the license/s may not be consistent with the zoning?You may have a quick answer that will save me some time. Thanks. Charlie 11/1/2016 Town of Barnstable Regulatory Services Thomas F.Geiler,Director Building Division 1639. Thomas Perry,Building Commissioner ED MAr 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 February 12, 2013 Mr. Martin Hoxie, Chair Town of Barnstable Licensing Authority 200 Main Street Hyannis, MA 0261 Dear Mr. Hoxie, Recently this office conducted the annual inspection of the premise known as The Embassy Lodging and Shelters located at 98 High School Road in Hyannis, Upon our viewing of the whole house, we observed some very disturbing conditions. The first of these conditions is that the premise is over crowded. The license for that lodging house is set at a capacity of six lodging rooms with twelve lodgers. In conducting our inspection, we found eight rooms many with bunk beds which consisted of a queen size bed on the lower half and a double size bed on the upper half. Along with these bunk beds, there was a twin in the same room which amounts to each of these rooms having the potential of two persons in the queen size bed, one or possibly two in the double bed and one person in the twin bed for a potential total of four or possibly five in each of these rooms. The break down is as follows: 3 rooms off kitchen: #1 - 3 twin beds #2 - 1 queen, 1 double #3 - 2 twin beds Second floor: , #1 - 1 queen, 1 double, 1 twin #2 - 1 queen, 1 double, 1 twin #3 - 1 queen, 1 double #4 - 1 queen, 1 double, 1 twin #5 - 3twin With two persons in each queen bed and one person in the double and twin beds, the potential is there for there to be eight persons on the first floor and eighteen persons on the second floor for a total of twenty-six persons. If there were two persons in the double beds that would add another five persons for a potential total of thirty-one persons. We also observed fold out beds in some of the storage areas, which would indicate that there could also be others placed in beds. On this property, there also appears to be a so called owner's quarters located over the garage. We asked permission to view this part of the.Licensed Premises, but were denied. The owner claims that is not part of the license but the license is for 98 High School Road and there is no distinction in the buildings and therefore; should be open for inspection. This department also suspects that the house next door 104 High School Road, which according to the Assessor's records is in the same ownership, is in use also as a lodging house. There is no license for this on file. The directional signage for the rules of the house is the same as 98 High School. There were also observations by the Zoning Enforcement Officer of persons going back and forth between the two properties which share a common driveway. This department would like to request a license hearing to resolve these very serious and dangerous situations. Sincerely, Thomas Perry, CBO Building Commissioner _ cc: Hyannis Fire Department `The (90mut nfuralth of Pason" rhuse#ts OFFICE OF THE MASSACHUSETTS SECRETARY OF STATE Examiner MICHAEL JOSEPH CONNOLLY, Secretary ONE ASHBURTON PLACE,BOSTON,MASSACHUSETTS 02108 ARTICLES OF ORGANIZATION (Under G.L.Ch.180) ARTICLE I The name of the corporation is: Name Approved The Fmbassy Shelter Inc. ARTICLE H The purpose of the corporation is to engage in the following activities: 93-347650 To provide _emergency shelter and housing .f6r women and children in a transitional facility who are coming from- a homeless, abused or jw \ violent living situation while they are being processed.for a__ , Housing Certificate from the State or Federal Government. ,ur To provide workshops staffed by volunteers in order to educate . women in the areas of health, betterment, management of funds and daily routines. To make the facilities available to Social Services, Visiting Nurses, and Outreach Programs for onsite meetings and workshops. -To preri& transrortatxm to :its' x* ' 6 fez edaijy appoirit=tV, education, shopping, banking, welfare, job interviews, and local workshops. To provide pre-natal lamaze and parenting classes for pregnant women and Support Group for families in crisis. C ❑ To purchase, hold, lease, mortgage, and convey such real and p ❑ personal property as may be necessary or incidental to the purposes M ❑ of the corporation, and generally to do such lawful acts and carry out all lawful purposes as are now permitted by general laws or may R.A. ❑ be permitted by amendments thereof or any addition thereto. Note:If the space provided under any article or item on this form is insufficient,additions shall be set forth on separate 8�h x l l sheets of paper leaving a left hand margin of at least I inch.Additions to more than one article may be continued on a single sheet so long as each article requiring P.C. each such addition is clearly indicated. �1R ARTICLE M ` If the corporation has one or more classes of members,the designation of such classes,the manner of election or appointments,the duration of mcmbershipand the qualification aed rights,including voting rights,of the members of each class,maybe set forth in the by-laws of the corporation or may beset forth below: n/a ARTICLE IV Other lawful provisions,if any,for the conduct and regulation of the business and affairs of the corporation,for its voluntary dissolution,or for limiting, darning,or regulating the powers of the corporation,or of its directors or members,or of any class of members,are as follows. n/a If there are no provisions,state"None",. ` Note. The preceding rota(4)articles are considered to be permanent and may ONLY be changed by Ming aIproprlate Articles of Amendment. 1 ARTICLE V By-laws of the corporation have been duly adopted and the initial directors,president,treasurer and cleric or other presiding,financial or recording officers,whose names are set out below,have been duly elected. - ARTICLE VI The effective date of organization of the corporation shall be the date of filing with the Secretary of the Commonwealth or if a later date is desired,specify date, (not more than 30 days after date of filing). The information contained in ARTICLE VII is NOT a PERMANENT part of the Articles of Organization and may be changed ONLY by filing the appropriate form provided therefor. ARTICLE VII a.The post office address of the initial principal office of the corporation IN MASSACHUSETTS is: The Embassy Shelter JbC 98 High School Road P.2.Bo 74�1 Wes H�rannis�ort, MA. 02672 j�ap fa�OW601 b.The name,residence an post o fice dress o eac of the uri port, directors and following officers of t NAME RESIDENCE POST OFFICE ADDRESS Presideot: Timothy L. Maloney 98 High School Rd P.O.Box 741 Hyannis, MA. 02601 W. Hyannisport-i MA. 02672 Treasurer Timothy L. Maloney 98 High School Rd. P.O.Box 741 Hyannism MA. 02601 W. Hyarmisport, MA. 02672 ttiuk Christine Sieger, '4 Peach Orchard Lane 4 Peach Orchard Lane Eastham ,MA. 0264.2. Eastham, MA. 02642 Directors: (or officers having the powers of directors). NAME RESIDENCE POST OFFICE ADDRESS Qw c.The fiscal year of the corporation shall end on the last day of the month of: December 3-1 d.The name and BUSINESS address of the RESIDENT AGENT of the corporation,if any,is: _ n/a . I/We the below-signed INCORPORATORS do hereby certify underthe pains and penalties of perjury that I/We have not been convicted of any crimes relating to alcohol or gaming within the past ten years.I/We do hereby furthercertify that to the best of my/our knowledge the above-named principal officers have not been similarly convicted.If so convicted,explain. IN WITNESS WHEREOF and under the pains and penalties of perjury,I/WE,whose signature(s)appear below as incorporator(s)and whose names and business or residential address(es)ARE CLEARLY TYPED OR PRINTED beneath each signature do hereby associate with the intention of forming this corporation under the provisions of General Laws Chapter 180 and do hereby sign these Articles of Organization as incorporetor(s)this 2 9 day of ffovember 19co , NOTE: If an already-existing corporation is acting as incorporator,type in the exact name of the corporation,the state or other jurisdiction where it was Incorporated,the name of the person signing on behalf of said corporation and the tide he/she holds or other authority by which such action Is tskaL 448784 - THE COMMONWEALTH OF MASSACHUSETI'S ARTICLES OF ORGANIZATION GENERAL LAWS,CHAPTER 180 Qr +a t I hereby certify that,upon an examination of the within-written articles of 1 y organization,duly submitted to me,it appears that the provisions of the General Laws U relative to the organization of corporations have been complied with,and I hereby approve said articles;and the filing fee in the amount of$35.00 having been paid,said ardries are deemed to have/been filed-with me this day of L3,CJP Effective date �j,��Ci� j /} • MICHAEL JOSTPH CONNOLLY`\ Secretary d State A PHOTOCOPY OF THESE ARTICLES OF ORGANIZATION SHALL BE RETURNED TO: Mr. Timothy L, Maloney 98 High School Road P.O. BOX 741 west 13rami sporty MA-09649 Telephone: