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0020 INDEPENDENCE DRIVE (5)
cep ��c�c P� �v�ce��-;ve " � ��ker.��S�e�r -- F �: a i 4 BANGKOK HYANNIS` . INC . —2 0 INDEPENDENCE . DRIVE - ?lap) `ac'e I New eGu if w�e�►� , �-qb)� HYYANNI S MA 02601 Chair' w cr l i I l , 6 0 0 SQUARE FOOT �C 1 � o� �. 'b m %x(}. LA) P' ENTER IN 0000 w O O :Ramo000 Ow0 O , O O O O O ` O O O BURNER O O -7 . 7 O[10 -4, 0110 O O O O KITCHEN H z COOLER �'Sh "' O O O O❑ O O❑O O Elo r r 7 Tale 'Rz✓�le T��le.. �� _ .'_ DINNING ROOM 2'5F fl(2- ' oo-000 -lo AR oFo ono OF COT L)n � CO ER -1 [:1 1► $,0 LADY MEN O o o r) Unl lce-om )Ce-Mach)e, O O O O O O OCO O O O O O O A 64' ., .� , f Sign TOWN' OF BARNSTABLE Permit * BARNSTABLE. 9 MASS. i6 � 0?F0 3.�A� Permit Number: Application Ref: 201004745 20070508 Issue Date: 09/13/10 Applicant: HYANNIS PARK PLACE, LLC t. . Proposed Use. GENERAL OFFICE BUILDING Permit Type: SIGN PERMIT Permit Fee $ 50.00 Location 20 INDEPENDENCE DRIVE Map Parcel 294062 . Town HYANNIS Zoning District SPLT Contractor PROPERTY OWNER Remarks r REFACE EXISTING SIGNS 21.7 SQ BANGKOK THAI CUISINE_ ' Owner: HYANNIS 'PARK PLACE, LLC Address: PO BOX 790 BUZZARDS BAY,,MA 02532 .. ell Issued By: P . POST THIS CARD SO THAT IS VISIBLE FROM THE STREET °fTHET Town of Barnstable � � � � 0 � � P� ti Regulatory Services SEP 0 2 RECD B"MASS. Thomas F. Geiler, Director op 1639. TFo,,A�A Building Division. BY Tom Perry, Building Commissioner 200 Main Street, Hyannis; MA 02601 www.town.barnstable.ma.us j Office: 508-862-4038 _ Fax: 508-790-6230 Permit# 0 4 Building Official approving__---___--_ - Application for Sign.Permit Applicant: Doing Business As: {�. _ ______ ______Telephone No.___- -__ Sign Location - -' - ---- Street/Road; _ __ T Zoning District:k9*�/MD_ Old Kings HighwayP •Ye /N Hyannis Historic District? YeCNNo' Property Owner `. Name:---M Lch&E _- �� � L�--------Telephone: Address: -- �r1r��---�------Village:__ Sign Contractor Name:_ �- C � -- S----- e- - ---= ----------Telephone: ) Mailing Address:_''[_ 6 ra k Aos Ct. , Description Please follow the cover directions.You must have an accurate rendition of sigh with dimensions and location. { Is die sign to be electrified? Yes/No . (No1e.•71'ycs; a wiri»�permit is required) p Width of building faceft. x 10 _ `x .10 Check one Reface existing signor New _Total Sq. Ft. of proposed sign 6)'_<5)_t If you have at-MVto»al sighs please,itt,7ch a sheetlist�l,eich one wide dimensions ��� If refacing an existing sign please provide a picture of the existing sign with dimensio !'� �j G I hereby certify that I am the owner or dint I have die audiority.of die owner to make this application, dint die information is correct and that die use and construction shall conform to tlhe'provisions of �ouI aI 7 §240-59 through §240-89 of the Towhh of Ba stable Zoning Ordinance. Signature of Owner/Authorized Agent:_ _ k�4.-----__ Date_ �G ---= -_ -G SIGNS/SIGNREQU revised103009 CAPE COD TOT�4L �ion r � a sash ? � T A 42 WAREHOUSE RD HYANNIS, MA. 02601 TELiFAX sos-nl-aass r f f e��-3�eess= ❑�t L -iT'�ss a- _-�= r�-rA��"e-� a ! nOL�Srep. � Y 1 t� 11 1 7111ti1flli31�1'4 - W 0 zr. -.. ,y��.7,�� r yy�g a dF{ k z- ,- tom � •�� rt. � ,,v�.,A•j f IIVSldRA1''E r�GE1� YIN('. ' - '' > 508-775-0011 -y h eo= Z. www.RogersGraycom t ar .� i R G' .� 44, *�`t 'keys, `�z.g,, i.+itk�)Vs -,t �,r � t �`'�'d9' �a �1P • ARM 'i'� .,A ��,.�'dl'•rta2Y`-4yr��`a7��'E3kr." r��� r.tr � {{ r ..� � � � ���. j"M 1 ilv� \3'°v .� 1l1 r l *5. .e F r s`j+,�.s t _ V F`k' r r ♦ err.. '. LA, fils'} n, INSURANCE eT INC. www Roger�teyc�m. ? a. 4 1t Ai fir , �y 'f .;mil,,, �r'sa�. c f \ ,�!�r }'!r '"•• �+i..'�' .s:� � � �� •'-�n�.'' l�r�sr �� �- `�`�r �µ P_ II Town of Barnstable Building Department - 200 Main Street MAS& LE, Hyannis, MA 02601 1639. . ' (508) 862-4038 rF0 MA'S A Certificate of Occupancy Application Number: 201004235 CO Number: 20100219 Parcel ID: 294062 CO Issue Date: 12/07/10 Location: .20 INDEPENDENCE DRIVE Zoning Classification: SPLIT ZONING - Proposed Use: GENERAL OFFICE BUILDING Village: HYANNIS Gen Contractor: THOMAS C PAPPAS Permit Type: CC00 - CERTIFICATE OF OCCUPANCY COMM Comments: C.O.-FOR BANCOCK CUISINE 77 Building Department Signature Date Signed TOWN OF BARNSTABLE Building Application Ref: 201004235* BAxxsTASI,E, + Issue Date: 08/31/10 Permit 9 MASS. �Ar16 339. aN Applicant: THOMAS C PAPPAS Permit Number: B 20101784 Proposed Use: GENERAL OFFICE BUILDING Expiration Date: 02/28/11 Location 20 INDEPENDENCE DRIVE Zoning District SPLTPermit Type: COMMERCIAL ADDITION ALTERATION Map Parcel 294062 Permit Fee$ 77.35 Contractor THOMAS C PAPPAS Village HYANNIS App Fee$ 100.00 License Num 045040 Est Construction Cost$ 8,500 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND INTERIOR NON-STRUCTURAL REPLACE CABINETS,REPLACEO THIS CARD MUST BE KEPT POSTED UNTIL FINAL SHED AND ADD CLOSET INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: HYANNIS PARK PLACE, LLC BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: PO BOX 790 1NSPECTION AS BEEN M E. BUZZARDS BAY, MA 02532 Application Entered by: PR Building Permit Issued By: THIS PER-MIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PARTTHEREOF,EITHER TEMPORARILY,tOR PERMANENTLY: ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER:THE BUILDING:CODE,MUST BE APPROVED BY THE JURISDICTION. STREET'OR ALLY GRADES AS WELL AS DEPTH:AND LOCATION OFPUBLIC`SEWERS MAY BE`OBTAINED FROM THE DEPARTMENT OF:PUBLICWORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.° MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). M ff i. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 r, t+�� S d o TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel 4-Application # Health Division Date Issued Conservation Division Application Fee Planning Dept. Permit Fee 1 , ' Date Definitive Plan Approved by Planning Board Historic - OKH Preservation/ Hyannis 0 v("11 M/4/m 00-f®rm-e- 8I /10 Project Street Address ID VAX _ be�>�� Village �N Owner i 0 k Address VIE Telephone 50 �_-4- Permit Request fati (� e el _cz za Square feet: 1 st floor: existing ;bDV proposed 2nd floor: existing proposed Total new Zoning District v. • Flood Plain Groundwater Overlay Project Valuation PS00` Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes XNo On Old King's Highway: ❑Yes o Basement Type: ❑ Full ❑ Crawl ❑Walkout 40ther M_ Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) ' /I/ Number of Baths: Full: existing new Half: existing �— new Number of Bedrooms: existing _new Total Room Count (not including baths): existing 2, nejew om Count Reat Type and Fuel: )kGas ❑Oil ❑ Electric ❑Other � Central Air: %Yes ❑ No Fireplaces: Existing NewExist u w coal stove: ❑Yes ' No Detached garage: ❑existing ❑ new size.—Pool: ❑ existing _ Mern: isting ❑ new sizeAttached garage: ❑ existing ❑ new sizkx9Shed: Vxisting — Sher Zoning Board of Appeals Authorization ❑ Appeal # e Commercial J Ye ❑ No If yes, site plan review# b Current Use Proposed Use m d APPLICANT INFORMATION T (BUILDER OR HOMEOWNER) 3 e ZS?S S41q Name Telephone Number Address License # ,- Home Improvement Contractor#kk Worker's Compensation # To 6 5ky ALL CONSTRUCTION D�E RESULTINGFROM PROJECT WILL BE TAKEN TO SIGNATU J' DATE / A � � FOR OFFICIAL USE ONLY 'APPLICATION# DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION t FRAME INSULATION. t FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH ` FINAL AS �Y-:,: ROUGH _ ; - ;-�; FINAL i w-FINAL BUILDIN _.:�4 ► `0 o " DATE CLOSED OUT ASSOCIATION PLAN NO. r The.Commorovealth of Massachusetts r---- Department.of Industrial Accidents 1 . _ Office of Investigations 600 Washington Street h Boston, MA 02111 yy www,rnass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual)'. Oh'6Prvy coixtrO OL i �Fn C., Address: to '`re /State/Zi �(}Q, MIA G7��.3 CiPhone ty p _� Are you an employer? Check the appropriate box: Type of project(required): . I am a general contractor and I 1.� I am a employer with 4 ' � � 6 New construction eiiiphiyees (full and/or part-time).* have hired the sub-contractors.. 2-❑ I am a sole proprietor-or partner- listed on the attached sheet. 7. Remodeling Thesesub-contractors have ship and have no employees 8. [� Demolition working for me in any capacity. employees and have workers' 9 Building addition o workers' comp. comp.insurance.$ P 10. Electrical re airs or additions required'.) 5. ,0 We.are a corporation and its ❑ p 3.❑ I required] a bomeowner.doing all work officers have exercised their l l E] Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12 ❑Roof repairs insurance required.] t c.•152, §1(4), and we have no employees. [No workers' 13.0 Other comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they arc doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp,policy number. f am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information Insurance Company Name: �► ' ` e Q� e 'i`�`� ��C [ Tn e — Policy/# or Self-ins. Lic.#: M P T 3 ta ! 0 w Expiration Date: Job Site Address: ,�.y ro ke- P e o ll-e n City/State/Zip:Hp a fiLl MA ©0 ,6©•I Attach a copy of the workers' compensation-policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 15.2 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as'well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against.tho violator. Be advised that a copy,of em this statent may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. Ldo hereby certify under the pains and penaltie perjury that the information provided above is true and correct. Si nature' Date: / �0 Phone#' ��� q®D ��'r Official use only. Do'not write in this area, to be completed by city or town official _ City or Town: PermiULicense 4 G Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector j 6, Other Contact Person: Phone#: I NOTICE OF ASSIGNMENT ElIIPLOYETE COMBO LO. STATUS OF EMPLOYER LALIBERTY CONSTRUCTION INC 000766759 Corporation 683 MAIN STREET FALMOUTH, MA 02540 COVERAGE GROUP 0003747 Coverage under this assignment The Waiver of Our Right to applies to Massachusetts - Recover from Others Endorsement operations only. For coverage is available on Pool policies. outside of Massachusetts, contact Contact your agent for details. the appropriate Pool or Plan for that state. AGENT TUTI"LE & TRAM INSURANCE AC4NCy INSURANCE COMPANY: + OR RICHARD C TRAINA GRANITE STATE INS CO PRODUCER: 44 MAIN STREET RESIDUAL MARKET OPERATIONS STERLING, MA 01564 P 0 BOX 409 PARSIPPANY, NJ 07054-0409 AGENCY FEIN:043197985 (soo) 645-22s9 CLASSIFICATION OF OPERATION CLASS ESTIMATED RATE ESTIMATED CODE TOTAL ANNUAL PREMIUM REMUNERATION CARPENTRY NOC 5403 $5,000 11.92 $596 CLERICAL OFFICE EMPLOYERS NOC Oslo $10,400 `"" 0.12 $12 ",EMPLOYERS LIABILITY 100/100/500 9045 ::.STANDARD PREMIUM $608 EXPENSECONSTANT 0900 $250 608 TERRORISM CHARGES 9740 $5 TOTAL POLICY MXNIMOM PREMIUM $500 TOTAL ESTIMATED PREMIUM $863 DIA ASSESS. 6.8% $41 TOTAL BST. PREMIUM PLUS ASSESSMENT INSTALIA&VTBASISk. Annual DEPOSIT PREMIUM:^ $904 THIS IS NOT A W _ COMMENTS Coverage effective 12:01 AM on 07/26/10 Subject to 09/09/09 Anniversary Rate Date. EMPLOYER NOTE: Coverage under this assignment is contingent upon compliance with the carrier's requests to complete the scheduled audit and payment of any additional audit premium. Noncompliance will result in cancellation of current coverage. DATEOFNOTICE: 07/23/10 PREPARED BY: Theresa Schofield EXT 542 The Workers'Compensation Rating and inspection Bureau of MOMehueetts 101 Ane;h 8trW-Boston,MA 02110 (617)43949030•FAX(617)439.0055•www.wcribms.or+g I LALIBERTY CONSTRUCTION INC. 10 FORETOP ROAD BOURNE, MA 02532 Tel. (508)540-8900 Fax(508)759-8990 8-24-2010 To:Town of Barnstable Building Department. Re:Coverage for Mr.Pappas To whom it may concern: Thomas Pappas is an employee of Laliberty Construction and is covered under the Workers Comp. Ins. Thank you, eleA) K A0,0 0s 0� s"Er 'Town of Barnstable Regulatory Services ' F 1AFLNSTAS[..� y utsg g Thomas.F: Geiler,Director En '`�� Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,,MA 02601, w-Nw.town.barnstable.ma.us Office: S08-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section if using ABuilder_ as Owner-of the subject£ bject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application for. (Address.of Job) 46 S tur Da AcLe(C At'71D)l Print Name. If Property Owner is applying for please complete the Homeowners License Exemption Form on the reverse side. Q;FORMS:OWNERPERMISSION �. oaf Y�try Town of Barnstable o Regulatory Services awxtvsTAsr z Thomas F. Geiler,Director Huss. Building Division PrED MA't b Tom Perry, Building Commissioner 200 Mairi.Street, Hyannis, MA.02601 www.town.barristable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number street village "HOMEOWNER': name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellinu of sii:units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Persons) who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constrgcts more than one home in a two-year period shall not be considered a bomt:owner, Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) " The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that.he/sbe understands the Town of Barnstable Building Department- minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. t Signatbre of Homeowner Approval of Building Official t Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEO WNER'S.EXEmimbN The Code states that "Any homeowner performing work for which a building pernvt is required shall be exempt from the provisions of this section(Section I D9.1.1 -Licensing of construction Supenrisors);provided that if the homeowner engages a pa-son(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption arc unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that Wshe understands the responsibilities of a Supervisor. On the last page of this issue is a.form currently used by several towns. You may care t amend and adopt such a form/certification for use in your coma unity. Q:forrru:homccxcmpt eDEP - MassDEP's OnlineFilin System P g y MassDEP Home I Contact I Feedback I Tour Pi M444 MassDEP's Online Filing System Usemame:BOEHUNK Nickname:BOE My eDEP I Forms ll=� My Profile ml Help Receipt J Forms Signature Receipt Summary/Receipt o orinbrece Exit; Your submission is complete. Thank you for using DEP's online reporting system. You can select"My eDEP" to see a list of your transactions. DEP Transaction ID: 328343 Date and Time Submitted: 8/20/2010 3:00:22 PM Other Email : Form Name: AQ 06 - Construction/Demolition Notification - Payment Information DEP code Date Amount ($) Payment Detail Contractor Contractor Number Name Address, , Supervisor Project Monitor Lab My eDEP MassDEP Home i Contact i Feedback I Tour I Privacy Policy MassDEP's Online Filing System ver.9.8.5.1© 2010 MassDEP hftps://edep.dep.mass.gov/Pages/PrintReceipt.aspx 8/20/2010 . Massachusetts Department of Environmental Protection Bureau of Waste Prevention •Air Quality 1100111605 BWP AQ 06 Decal Number Notification Prior to Construction or Demolition General Statement:if B. General Project Description (cont. asbestos is found during a 4, General Contractor: Construction or Demolition THOMAS PAPPAS operation,all a.Name responsible parties must comply with 110 FORETOP RD 310 CMR 7.00, b.Address er 2 and Chapter 1 E of the BOURNE MA 02532 General Laws of c.Citvfrown d.State e.Zip Code the Commonwealth. 5084005578 laliberty@yahoo.com but would not This would include , f.Tele hone Number area code and extension .E-mail Address(optional) t bbee limited to,filing an THOMAS PAPPAS asbestos removal h.On-site Manager Name notification with the Department and/or a notice of release/threat of C. General Construction or Demolition Description release of a " hazardous substance to the 1. Construction or demolition contractor: Department,if applicable. ITHOMAS PAPPAS a.Name 10 FORETOP RD b.Address BOURNE MA 02532 c.City/Town d.State e.Zip Code 5084005578 taliberty@yahoo.com f.Telephone Number area code and extension g.E-mail Address(optional) THOMAS PAPPAS h.On-site Manager Name 2. On-Site Supervisor: THOMAS PAPPAS On-Site Supervisor Name 3. Is the entire facility to be demolished? ✓l Yes E No �N �O 4. Describe the area(s)to be demolished: REPLACED CABINETS AND TOOL SHED -O 5. If this is a construction project,describe the building(s)or addition(s)to be constructed: 9-o INTERIORS,ADDED CLOSET. o �d �Q ag06.doc•10/02 BWP AQ 06•Page 2 of 3 I Massachusetts Department of Environmental Protection ■ Bureau of Waste Prevention Air Quality 1100111605 BWP AQ 06 Decal Number Notification Prior to Construction or Demolition C. General Construction or Demolition Description (cont.) 6. a. If this is a demolition project,were the structure(s)surveyed for the presence of asbestos containing material (ACM)? ❑ Yes No If yes,who conducted the survey? b.Survevor Name c.Division of Occupational Safety Certification Number 7. Construction or Demolition: 9/3/2010 12/3/2010 a.Start Date(mm/ddlyyyy) b.End Date(mm/dd/yyyy) 8. a. For demolition and construction projects, indicate dust suppression techniques to be used: ❑ seeding ❑ paving b. If other, please specify: ❑ wetting ❑ shrouding ❑ covering ❑✓ other NONE 9. For Emergency Demolition Operations,who is the DEP official who evaluated the emergency? F- a.Name of DEP Official b.Title c.Date mm/dd/ of Authorization d.DEP Waiver Number D. Certification I certify that I have examined the THOMAS PAPPAS =o above and that to the best of my a.Print Name �o knowledge it is true and complete.: ITHOMAS PAPPAS The signature below subjects the b.Authorized signature;, IN signer to the general statutes CONTRACTOR �o regarding a false and misleading c.Positioril I Me �o statement(s). CONTRACTOR d.Representing 8/20/2010 e.Date(mm/dd/yyyy) �O �Q ■ ag06.doc•10/02 BWP AQ 06•Page 3 of 3■ I Massachusetts Department of Environmental Protection Bureau of Waste Prevention .Air Quality 100111605 r BWP AQ 06 Decal Number Notification Prior to Construction or Demolition Important: A. Applicability When filling out PP tY forms on the computer,use only the tab key A Construction or Demolition operation of an industrial, commercial, or institutional building,or to move your residential building with 20 or more units is regulated by the Department of Environmental Protection cursor-do not use the return (DEP), Bureau of Waste Prevention-Air Quality Control Regulations 310 CMR 7.09. Notification of key. Construction or Demolition operations is required under 310 CMR 7.09(2)ten(10)days prior to any work being performed. The following information is required pursuant to 310 CMR 7.09. B. General Project Description 1. a. Is this facility fee exempt-ci town, district, municipal housing authority,owner-occupied Instructions residence of four units or less?V Yes ❑No 100111605 1.All sections of b. Provide blanket decal number if applicable:this form must be Blanket Decal Number completed in order to comply with the 2. Facility Information: Department of BANGKOK CUISINE Environmental Protection a.Name notification 120 INDEPENDENCE DRIVE requirements of b.Address 310 CMR 7.09 HYANNIS MA , 02601 c.Citvrrown d.State e.Zio Code 5087711338 1 lssangworn@hotmaii.com f.Tele hone Number area code and extension) E-mail Address(optional) 1600 2 h.Size of Facility in Square Feet i.Number of Floors , j.Was the facility built prior to 1980? ❑ Yes ❑✓ No k. Describe the current or prior use of the facility: RESTAURENT 1. Is the facility a residential facility? ❑ Yes ❑✓ No �o m. If yes, how many units? Number of units -� 3. Facility Owner: �N MICHAEL C ROBINSON �o a.Name 0 20 INDEPENDENCE DRIVE b.Address HYANNIS MA 02601 0 c.Cityrrown a.State e.Zip Code Z0 15087605796 robinsonmi@rogersgray.com 1_ f.Telephone Number(area code and extension .E-mail Address o tion I _C MICHAEL C ROBINSON �Q h.Onsite Manager Name ag06.doc•10/02 BWP AQ 06•Page 1 of 3 AUG-02-2010 14:00 5087604622 5087G04622 P.02 vtrmi : 1p Cull 7 l-�✓ s n. rt �. r ovaWii 1 QRY (� 1� / 1 r Q �1 r' 1 � NA' t vvt� �9 !f / TOTAL P.02 4 - 0 - • `Y Massachusetts- Department of Public SafetN' Board of Building Regulations :tnd Standards Construction Supervisor License License: CS 45040 -_ o-- THOMAS C PAPPAS 10 FORETOP RD r BOURNE, MA 02532 Expiration: 8/23/2012 ('onuniss Tr#: 2848 cl soqe4�q r��-619 C TOWN OF BARNSTABLE w ' " SIGN PERMIT i PARCEL ID 294 062-T GEOBASE ID 20827 I ADDRESS . 20 INDEPENDENCE DRIVE PHONE HYANNIS ZIP - LOT BLOC{ LOT SIZE DBA DEVELOPMENT DISTRICT HY I .PERMIT 46706 DESCRIPTION "NAKED OYSTER" - 3 SIGNS - 12 SQ, 3 SQ, 3 SQ PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services `BONDL FEES. $4$..00 00 OxTME CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE 1 PRIVATE Pl?C*,E-- * BARNSTABLF, MASS. �► 039. �0 FD MA'S� I UILDI DIVI'IO/N tky DATE ISSUED 06/12/2000. EXPIRATION DATE The Town of Barnstable j T� 70 t DepartmeAt of Health, Safety and Environmental Services • �� Building Division 9� 1630. �� 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner Tax Collector —t-4— Treasurer Application for Sign Permit Applicant: 'T' Assessors No. fi Doing Business As:—)a (�-PP{ d\��C Telephone No. 7 Soo Sign Location Q Q ` Street/Road:' cP C� �'� n� l Zo istrict:. Old Kings Highway? Yes�'1V o" Hyannis Historic District? Ye o �-- Property O er. "' cot Name: Q 1WU (ZV6� L..LC Telephone: '?_A9'_33 Address:— 01. Village: Sign Contractor Name: MeU le. -SJ245 Telephone: 4 Address: 4 U f han� r Village: SGL Gt1 Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? Yes/No (Note:If yes, a wiring permit is required) I hereby certify that I am the owner or that I have the authority of the owner to make this application, that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinance. Signature of Owner/Authorized Agent: Date: (D 6 Size: Permit Fee: Signapproved: M Permit was Disapproved: Signature of Building 0 i - ! Date: ,Signl.doc rev.8/31198 na 23.999 in er Raw Bar nms in BRACKET TO ATTACH TO BOX IS 7" DEEP & LIT WITH BUILDING ARE COMMON 2 BOX, !AMPS ANGLE IRON & LAGS PAINTED GREEN N 23.999 in er Raw Bar 72.005 in BRACKET TO ATTACH TO BOX IS 7" DEEP & LIT WITH BUILDING ARE COMMON 2 FLOURECENT LAMPS ANGLE IRON & LAGS PAINTED GREEN i:_ .-- ---- \�\ __ - .p... _� � _ � _ E '_ ,��:� - =. _ -_ y+ i ` N i+!-T .4 ■ 5 i�� ����� 4 �q� v eF � t f .l MEMORANDUM APR 2 0 20M F2 TOWN OF BARNSTABLE TO: Zoning Board of Appeals ZONING BOARD OF APPEALS FROM: John W. Kenney,Esq. APPEAL NO.: 2000-33 Naked Oyster,Inc. DATE: April 26,2000 APPLICANT: Naked Oyster, Inc: PROPERTY: 20 Independence Drive, Hyannis,Massachusetts 02601 ASSESSOR'S MAP: Map 294 Parcel 62 LOT SIZE: 106,168 sq. ft. (92,917 sq. ft. of upland) ZONING DISTRICT: Ind./Business/Highway Business GROUNDWATER OVERLAY DISTRICT: GP—Groundwater Protection District RELIEF REQUESTED: Modification of Special Permit No. 1998-82 BACKGROUND The subject premises is shown as Parcel 62 on Assessor's Map 294 and is located at 20 Independence Drive, Hyannis, Massachusetts. The applicant is seeking to modify Special Permit No. 1998-82 which limits the restaurant use at the subject premises to a coffee shop "not to exceed 2,000 gross square feet and not to exceed 50 seats." Applicant is seeking permission for a 1,600 square foot restaurant with a total of 72 seats. Additionally, the restaurant will have access to 250 square feet of mezzanine space for storage. Besides interior finish work, proposed construction includes an 8'xl0' walk-in- cooler, 6' stockade fence around the dumpster area,and a small area of additional paving for the fire lane. Applicant has been granted permission by Park Place Realty LLC to appear before the Zoning Board of Appeals to seek the modification of the special permit. A copy of the authorization letter is attached hereto as Exhibit A. The proposed restaurant has been approved by site plan review. A copy of the site plan review approval letter is attached hereto as Exhibit B. The property at 20 Independence Drive, Hyannis, Massachusetts currently has constructed upon it a building having a footprint of 9,472 square feet. With the addition of a second-story mezzanine totaling 500 square feet, the total square footage of the building is 9,972 square feet. The building consists of three (3) units. The first unit is a 6,000 square foot unit presently occupied by Arbella Insurance Agency.. This unit serves as a claims office for Arbella. The second unit contains 1,600 square feet of first floor Memorandum Naked Oyster,Inc.Appeal 2000-33 Page 1 of 4 space and has access to the mezzanine area of 500 feet. The 1,600 square feet of first floor space serves as an office for SunCom, a wireless telephone communications office. The 500 square feet of mezzanine space is used as a storage area. Also on the first floor is a 272 square foot utility room. The final unit which is the unit proposed for the restaurant use contains 1,600 square feet. The proposed restaurant use would be for a casual dining seafood restaurant. The restaurant would contain a total of 72 seats. Of these seats 54 seats would be with tables and chairs. The remaining 18 seats would be barstools at the bar within the restaurant. The proposed hours of operations would be from 11:30 a.m. to 1:00 a.m. seven (7) days per week. If the zoning relief is granted, the applicant intends to appear before the Town of Barnstable Licensing Authority to seek a full liquor license to complement the food service. The applicant anticipates that peak operational hours will be between noontime and 2:00 p.m. for the lunch crowd, and 6:00 p.m. to 8:00 p.m. for the dinner crowd. A sample menu is attached hereto as Exhibit C for your review. The subject premises have sufficient parking to meet the requirements of the Town of Barnstable Zoning Ordinance for the present uses of the building and the addition of the restaurant. A schedule showing a calculation of the parking needed in accordance with the Town of Barnstable Zoning Ordinance is attached hereto as Exhibit D. As stated herein above, the applicant is seeking to replace the coffee shop which was authorized in accordance with the provision of Special Permit No. 1998-82 with a casual dining restaurant. The coffee shop had a proposed square footage of 2,000 square feet. The proposed restaurant has a square footage of 1,600 square feet. This difference in square footage between the coffee shop and the restaurant is the result of the addition of the utility room containing 272 square feet and an increase in the size of the SunCom space from the previously proposed 1,472 square feet of first floor space to the current 1,600 square feet. The increase in the SunCom unit of 128 square feet plus the failure to calculate the utility room in the figures presented in Appeal No. 1998-82 of 272 square feet total the 400 square foot discrepancy between the coffee shop use and the proposed restaurant use. ZONING BACKGROUND The subject property is located within three different zoning districts. The northerly edge of the property is within the Industrial District. The area where the largest portion of the building is located is within the Business District. The remainder of the site is in the Highway Business District. This project has had the benefit of three (3) special permits issued by the Zoning Board of Appeals. On August 27, 1997 this Board voted to grant Special Permit No. 1997-47A which authorized the construction of 19,944 square foot building. The building was to contain 9,472 square feet of basement space to be used for storage; 7,972 square feet of retail space for a liquor store; 1,000 square feet of office space to be used Memorandum Naked Oyster,Inc.Appeal 2000-33 Page 2 of 4 y in connection with the retail liquor store; and a 1,500 square foot coffee shop. On the same date, the Zoning Board of Appeals voted to approve Special Permit No. 1997-47B which allowed for a reduction in parking from 74 spaces to 56 spaces. The reasons for the reduction in parking by 13 spaces related principally to the basement storage. The Board felt it was not necessary to set aside separate parking spaces for this storage use. Additionally, 1,000 square feet of office space was being used in connection with the retail liquor store and the Board felt that the office space also did not require the full amount of parking as stated in the zoning ordinance. Finally,there were alternative peak uses between the coffee shop and the retail liquor store which the Board considered in its decision. On June 17, 1998, the owners came back to the Zoning Board of Appeals to request Special Permit No. 1998-82. This permit was a request to modify Special Permit No. 1997-47A. The Board voted to allow the modification of the previously approved building to allow for the construction of a 9,472 square foot building (footprint). The Board allowed the applicant to eliminate the basement, and to.utilize 6,000 square feet as office space, increase the coffee shop from 1,500 square feet to 2,000 square feet, and add a third usable unit of 1,972 square feet. In the third unit; 1,472 square feet of space would be on the first floor and 500 square feet would be mezzanine space. As stated above, this new request to modify Special Permit No. 1998-82 seeks to change,the coffee shop use from 2,000 square feet to 1,600 square feet; change the type of restaurant from a coffee shop to a casual dining seafood restaurant and increase the total seating capacity by 22 seats. The parking requirements of the Town of Barnstable Zoning Ordinance are met without any zoning relief. FINDINGS The subject premises are located within.three (3) different zoning districts. The property is located within the Industrial District, Business District and Highway Business District. The majority of the property is located within the Business District and the Highway Business District. The proposed restaurant use is an allowable use within the Business District and, with the granting of a special permit by the Zoning Board of Appeals an allowable use within the Highway Business District. The proposal seeks to add an additional 22 seats to the restaurant use but.these added seats are off-set by several different factors. First, the previously approved 2,000 square foot coffee shop is being reduced to 1,600 square feet. The 400 square foot reduction has been absorbed by the 272 square foot utility room which requires no parking and will create no measurable traffic. Secondly, 128 square feet of the previously approved 50-seat coffee shop has been converted to a less intense office use. Finally, the previously approved coffee shop would have been a higher volume traffic use. It was estimated that the average visit of the coffee shop customer would be 15 minutes. The applicant estimates that the average visitor to its restaurant will have an average stay of one (1) hour. Therefore, it is the applicant's position that the casual dining restaurant will create less traffic in this area. Additionally, the parking lot is presently under-utilized by the current uses within the building and can easily absorb the restaurant use. Memorandum Naked Oyster,Inc.Appeal 2000-33 Page 3 of 4 .c Based upon the foregoing, the proposed modification to Special Permit No. 1998- 82 may be granted without substantial detriment to the public good or the neighborhood affected and fulfills the spirit and intent of the zoning ordinance. The proposed use will result in less traffic to this.area than the previously approved coffee shop. Additionally, the casual dining restaurant will be closed during the peak rush hour morning traffic whereas the coffee shop would have been experiencing its peak hours at that time. The restaurant will be open for a number of hours in the evening and on the weekends when the other businesses within this project will be closed. The proposed restaurant is a less intense, and therefore less detrimental use of the site than the currently approved coffee shop. Respectfully submitted, John W. Kenney Attorney for the Applicant Naked Oyster, Inc. JWK:gb Enclosures Cc: Naked Oyster, Inc. Real estate documentAzoning\naked oyster-memorandum Memorandum Naked Oyster,Inc.Appeal 2000-33 Page 4 of 4 Exhibit A: Park Place Realty LLC 139 West Bay Road Osterville,Ma 02655 March 23,2000 Town of Barnstable Zoning Board of Appeals 367 Main Street Hyannis,Ma 02601 RE: Naked Oyster,Inc. 20 Independence Drive,Hyannis,Ma 02601 Dear Mr. Chairman and Members of the Board: This letter shall confirm that Naked Oyster, Inc. is authorized by Park Place Realty LLC, the owner of the real estate known as 20 Independence Drive,Hyannis,to apply for a Modification of Special Permit in Appeal Number 1998-82. Very truly yours, Par Place Realty LLC BY: Daniel M. Griffin, Jr., A Manager duly authorized Exhibit B i The Town of Ilarnstable NAM Department of Health Safety and Environmental Services uNing Dmsion 367.Niaui Sheet.Hyar nis MA 02601 Offoe: 5O&U2-4038 - R&%*Oosm Fax: 508.790-6730 � Building Commissioner March 23,20000 i MAtt 2 3� Mr.David Columbo Roadhouse CA 483 So Street Hyatmi,Ma_ 02601 Re: SPR 039-2000,Pack Place,20 Independence Hyannis,Hyannis(R-94-%2) Dent Mr.Cohmmbo; Please be advised that the Site Plan Review committee has processed your application adminis=ively and approved Your Proposal to establish a 72'seat restanttant with a bar as indicated on the plats you submitted March 15th. Be advised that you are required to Me with the ZBA in order to amend the special permit issued for this site. Sincerely, • /Ralph Crosson Building Commissioner Exhibit C APPETIZERS Soup of the Day 2.95/3.95 New England Clam Chowder 3.50/4.95 Manhatten Clam Chowder 3.50/4.95 Wellfleet Oyster Stew 8.95 Littlenecks on the V2 shell 6.50 Wellfleet Oysters on the %Z shell 7.95 Jumbo Shrimp Cocktail 7.95 Raw Seafood Sampler 8.95 Yellowfin Tuna Sashimi 9.95 Baked Stuffed Mushroom Caps 6.50 Baked Clams Casino 6.95 Oysters Rockefeller 8.95 Oysters Casino 8.95 Scallops Wrapped in Bacon 8.95 Grilled Jumbo Shrimp 8.95 Hot Antipasto 10.95 Mussels Marinara 7.95 Mussels Dijon 7.95 Native Steamers 9.95 Pan Seared Codfish Cakes 6.95 Grilled Portobello Mushrooms 7.95 Chicken Quesadillas 6.95 Shrimp Quesadillas 7.95 i" SALADS Mesclun Field Greens - 5.95 With Tuna Salad 7.95 Caesar Salad 5.95 With Grilled Chicken 8.95 Greek Salad 6.95 Chefs Salad 7.95 SANDWICHES Turkey Breast 6.95 Albacore Tuna 6.95 Grilled Chicken Breast Sandwich 6.95 BBQ Chicken Sandwich 6.95 1b..Black Angus Beef Burger 6.95 Boca Burger 6.95 ENTREES Linguini with White Clam Sauce 10.95 Calamari Marinara 11.95 Scrod Francese 12.95 Pan Seared Scallops ala Vodka 13.95 Shrimp Scampi 15.95 Seafood Saute 17.95 Baked Encrusted Salmon 15.95 Grilled Chicken Risotto 12.95 Chicken Stir Fry 12.95 Grilled Pork Tenderloin 12.95 Veal Scaloppini 15.95 Grilled New York Sirloin 19:95 Grilled Filet Mignon 19.95 = Exhibit D Naked Oyster,Inc. Parking Calculation USE SQUARE FOOTAGE/CALCULATION REQUIRED SPACES Office 6,000 square feet 1/300 square feet of gross floor area 20 (6,000_300=20) Office . 1,600 square feet 7 1/300 square feet of gross floor area (1600_300—5.33) (Plus 1/Separate Suite) Restaurant 1600 square feet 28 1/Every 3 seats+ 1/Every 2 Employees (72 Seats_3 =24 8 Employees_2=4) Storage 500 square feet—2nd floor 1 (1/700 square feet of gross floor area) Utility Room 272 square feet 0 Total Spaces Required 56 Total Spaces Provided 56 V KAM 'UO itir', -y Town of Barnstable . FILE COPY ONLY! Zoning Board of Appeals NOT RECORDED AT Decision and Notice REGISTRY OF DEEDS Naked Oyster, Inc.-Appeal Number 2000-�.. Modification of a Special Permits Number 1998-82.8<1997-47A Summary: Granted with Conditions Applicant: Naked-Oyster, Inc. Property Address: 20 Independence Drive, Hyannis,MA Assessors Map/Parcel: Map 294, Parcel 062 Zoning: IND Industrial,B Business,and HB Highway Business Zoning Districts Groundwater Overlay: GP Groundwater Protection District Background: In 1998, Special Permit No. 1998-82 was issued to Daniel M. Griffin for the development a 2.24 acre parcel located at the intersection of Independence Drive and Route 132. The permit allowed for a 9,972 sq.ft mix use building to be used_for retail, offices and a restaurant(coffee shop) located in the Industrial, Business and Highway Business Zoning Districts. The building was constructed and is used today by; SunCom-a communication service office catering to business communications, and Arbella Insurance Offices. 1,600 sq.ft. remains vacant and is'the proposed location of the restaurant use. The applicant is seeking to modify Special Permit No 1998-82 & 1997-47A which limits the space, seating capacity and nature of the restaurant use to that of a coffee shop. t Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 24, 2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened April 26,2000, at which time the Board granted the requested modification. Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Gene Burman, Richard Boy, Dan Creedon, and Chairman Ron Jansson. Attorney John Kenney represented the applicant. Present were Dave Columbo and Richard Angelini, the principals of Naked Oyster, Inc., and Daniel Griffin; owner of the building in issue. A memorandum was previously submitted to the file by Attorney Kenney. A revised sitting plan (floor plan)was submitted to the file. Attorney John Kenney reviewed the proposal before the Board. The applicant is seeking to modify Special Permit Number 1998-82 which permitted three units within the building. It is now occupied with a 6,000 square foot office, and a 1,600 square feet office on two floors. They were also granted permission for a coffee shop"not to exceed 2,000 gross square feet and not to exceed 50 seats." The applicant is seeking permission for a 1,600 square foot restaurant with a total of 72 seats. Eighteen seats will be at the bar and 54 seats at tables and chairs. The,subject propertyis located within three different zoning districts. The northerly edge of the property is within the Industrial District. The area where the largest portion of the building is located is within the Business District. The remainder of the site is in the Highway Business District. The proposed restaurant Town of Barnstable-Zoning Board of Appeals-Decision and Notice Naked Oyster, Inc.-Appeal Number 2000-33 Modification of a Special Permits Number 1998-82&1997-47A use is an allowable use within the Business District and an allowable use within the Highway Business District with the grant of a Special Permit. The Petitioner claims that the proposed casual dining restaurant is a much less intensive use than a coffee shop. At the hearing for this original proposal, it was estimated that the average visit of the coffee shop customer would be 15 minutes. The applicant estimates that the average visitor to its restaurant will have an average stay of one(1) hour. As such, the Petitioner claims this will create less traffic in the area. Chairman Ron Jansson was concerned with the addition of a bar to this area. He asked how a bar use would affect this area. Attorney Kenney indicated the bar is not an independent use. It is not intended to be a night club use. This is a restaurant that will offer liquor to its eating customers. David Columbo addressed the Board. He indicated this restaurant will have alcohol but it is not intended to be a"drinking bar". The proposed hours of operations would be from 11:30 a.m. to 1:00 a.m. seven (7) days per week. The Building Commissioner reported the proposal was reviewed and the 72 seat restaurant with a bar was found approvable by Site Plan Review. Public Comment: Town Councilor Gary Brown spoke in support of this appeal. No one else spoke in favor or in opposition to this appeal. Chairman Ron Janssamindicated-ftthe had some concerns about this proposal. This is an important intersection and this will increase traffic. In his opinion, the addition of alcohol to this site is a substantial change from the original proposal for a coffee shop. Findings of Fact: At the hearing of April 26, 2000, the Board found the following findings of fact as related to Appeal Number 2000-33: 1. The applicant, Naked Oyster, Inc., is requesting a modification of Special Permit Number 1998-82 and Special Permit Number 1997-47X The applicant has been granted permission by Park Place Realty LLC to appear before the Zoning Board of Appeals to seek the modification of the special permit. 2. The property address is 20 Independence Drive, Hyannis, MA, as shown on Assessor's Map 294, Parcel 062. The site is located in the IND Industrial District, the B Business District and the HB Highway Business Zoning District. 3. The applicant is seeking to modify the Special Permit which limits the restaurant use at the subject premises to a coffee shop"not to exceed 2,000 gross square feet and not to exceed 50 seats." 4. The applicant is seeking permission for a 1,600 square foot restaurant with a total of 72 seats. Additionally, the restaurant will have access to 250 square feet of mezzanine space for storage. 5. Besides interior finish work, proposed construction includes an 8'xl0'walk-in-cooler, 6' stockade fence around the dumpster area, and a"small area of additional paving for the fire lane. 6. The proposed restaurant has been approved by Site Plan Review. 7. The subject premises are located within three(3)different zoning districts. The property is located within the Industrial District, Business District and Highway Business District. The majority of the property is _ located within the Business District and the Highway Business District. The proposed restaurant use is an allowable use within the Business District and,with the granting of a special permit by the Zoning Board of Appeals an allowable use within the Highway Business District. 8. The proposal seeks to add an additional 22 seats to the restaurant use but these added seats are off-set by.several different factors. First, the previously approved 2,000 square foot coffee shop is being reduced to 1,600 square feet. The 400 square foot reduction has been absorbed by the 272 square foot utility room which requires no.parking and will create no measurable traffic. Secondly, 128 square feet of the previously approved 50-seat coffee shop has been converted to a less intense office use. Finally, the previously approved coffee shop would have had a higher volume traffic use. 2 f' Town of Barnstable-Zoning Board of Appeals-Decision and Notice Naked Oyster,Inc.-Appeal Number 2000-33 Modification of.a Special Permits Number 1998-82&1997-47A 9. The proposed modification to Special Permit No. 1998-82 may be granted without substantial detriment to the public good or the neighborhood affected and fulfills the spirit and intent of the zoning ordinance. The proposed use will result in less traffic to this area than the previously approved coffee shop. Additionally, the casual dining restaurant will be closed during the peak rush hour morning traffic whereas the coffee shop would have been experiencing its peak hours at that time. 10. The restaurant will be open fora number of hours in the evening and on the weekends when the other businesses within this project will be closed. The proposed restaurant is a less intense, and therefore less detrimental use of the site than the currently approved coffee shop. The Vote on the findings was as follows: AYE: Gail Nightingale, Gene Burman, Richard Boy_ , and Dan Creedon NAY, Chairman Ron Jansson Decision: Based on the findings of fact, a motion was.duly made and seconded to grant the relief being sought in Appeal Number 2000-33, subject to the following terms and conditions: 1. The restaurant/food service space is not to exceed 1,600 gross square feet, plus an 8' x 10'walk-in cooler, not to exceed 72 seats. 2. This Special Permit is limited to a"casual dining"defined as not being a fast-food restaurant. The Vote was as follows. AYE: Gail Nightingale, Gene Burman, Richard Boy, and Dan Creedon NAY: Chairman Ron Jansson Mr.Jansson stated he voted in the negative because of his concerns for safety in this area and the fact that the site is already traffic sensitive and that such a change in use could create detriment to the area. Order: Appeal Number 2000-33,a modification of Special Permit 1998-82 and 1997-47A, is Granted with Conditions. This decision must be-recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 5 2ovJ Ron sso , Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby,certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and,that no appeal of the decision has been filed.in the office of the Town Clerk. Signed and sealed this day lla under th pains and penalties of perjury. Linda Hutchenrider, Town Clerk 3 1 RefNo mappar ownerl owner2 addr city state zip tl33 294 006 MOY, RUTH C 523 GREAT PLAIN AVE NEEDHAM MA 02192'� ip 294 010 CABANA, JONN F TR Z C TRUST 460 BEARSES WAY HYANNIS MA 02601✓ as 294 011 DAVIS, LOUIS A & STEPHEN J DAVIS, KEVIN A TRS 50 AIRPORT RD HYANNIS MA 02601✓ 2 294 013 FRESH HOLE POND LLC 70 AIRPORT RD HYANNIS MA 02601✓ -..294 017 RSA REALTY INC' 60 SUMMER ST, MANCHESTER MA 10944*/ 294 016 CAPE COD MALL LLC SIMON PROPERTRY TAX DEPARTMENT PO BOX 6120 INDIANAPOLIS IN 46206✓ 294 019 CAPE COD MALL LLC SIMON PROPERTY TAX DEPARTMENT PO BOX 6120 INDIANAPOLIS IN 46206• ap 294 062 PARK PLACE REALTY LLC C/O KELLER/DAVIS CO LLC 101 DERBY ST HINGHAM MA 02043 er 294 068 BORNBAM ASSOC LIMITED PRTNSHIP 297 NORTH ST HYANNIS MA .0260 294 069 002 MOY, RUTH C 523 GREAT PLAIN AVE NEEDHAM MA 0219. 294 069 003 MOY, RUTH C. 523 GREAT PLAIN AVE NEEDHAM MA 0215. n 294 070 001 GIOVANNONE, ANTHONY TRUSTEE %PACKAGING INDUSTR GRP, •INC 130 NORTH ST HYANNIS MA 02601 f 9 294 073 MOY, RUTH C 523 GREAT PLAIN AVE NEEDHAM MA 02192 0 294 078 CARVER, HERBERT ET ALS TRS SIMON PROPERTY TAX DEPARTMENT PO PDX 6120 INDIANAPOLIS IN 46206✓ g 295 015 OOH Flatley, Thomas J. c/o The Flatley Company .'PO Box 859206 BRAINTREE - MA 02185-01 1 311 092 CAPE HARBOR ASSOCIATES %WELLS FARGO BANK 1320 WILLOW PASS RD STE 205 CONCORD CA 94524 r 5 ` Proof of pub 'cat' n V NOTICESLEGAL 'Fdnwn•of barnstable Zoning Board of Appeals fiiofiae of Pubiie Hearing Under The Zoning Ordinance for April 28.2000 To of pen terested in,or affected by the Board of Appeals under Sec.11 of Chapter 40A of the Genera)Laws of the Commonwealth of Massachusetts,and all amendments therbto yoP;11100 hereby 4notified that: 7:25 PM Azores Appeal Number 2000-30 Shelia Azores and Marcie.Azores have petitioned to the Zoning Board of Appeals for a Special Permit for a Family Apartment pursuant to Section 11.1(3XD) of the Zoning Ordinance. The property is shown on Assessofs Map 319.Parcel 016 and is commonly addressed as 12 Beyview,Road.Barnstable,MA in an RB Residential B Zoning District. 7:30 PM Sprint Spectrum,LP Appeal Number 2000,31 Sprint'Spectrum LP has,appiied,to the Zoning Board of Appeals for a Variance to Section 31.1(5)8ulf!pegulatims, The,Applicant seeks to replace an existing 115 foot communi- cations towerwith a 120 foot monopole pursuant to the Federal Telecommunications Act of 1998. The property is shown on Assessorfs Map 250. Parcel 004 and is commonly addressed as 1047 Falmouth Road/Route 28.Hyannis. MA in an RD-1 Residential D-1 Zoning District. 7:45 PM Morten jAppeal Number 2000-32 Jacques N. Morin has petitioned to the Zoning Board of Appeals for a Special Perndt Pursun'1t to Section 4-4.2 Nonconforming Lou. The sale of a 102.5i x 1041'area of land to the neighbor creates a more nonconforming lot. The.property is shown on Assessoris Map 292. Parcel 87 srnd is commonly addressed as.56 Delta Street,Hyannis. MA In an RB Residential B Zoning District 8-00 PM raked Oysur,Inc. Appeal Number 2000-33 Naked Oyster.Inc.has petitioned to the Zoning Board of Appeals for a Modification of a Special Permit. -The Applicant is seeking to modify Condition 43 in Appeal Number 1998- 82 modifying Appeal Number 1997.47A.Condition 03 limited the restaurant use to a Coffee Shop knot to exceed 2,000 gross square feet and not to exceed 50 seats.1 The Applicant is seeking permission for a 1.600 square test restaurant with a bar toting 72 seats. The property is shown on Assessods Map 294.Parcel 062 and is commonly addressed as 20 Independence Drive,Hyannis.MAy in an IND Industrial-Zoning District,B Business Zoning District.and HB F ►way:Business Zoning District 8:30 PM Morse Appeal Number 2000.34 Rodger H.and Jayne K Morse have petitioned to the Zoning Board of Appeals for a Special . Permit pursuant to Section 4-4.2(5)Nonconforming Lots fI Merged Lots. The applicant owns two lots which have merged. Appkwt has prepared a plan of land dividing the premises into two lots.one containing 6731 sq.ft.(Lot l)and one containing 8.933 sq.ft.(lot 2). The property is shown on Assessoris Map 117,Parcel 106 and is commonly addressed .. as 12-18 Parker Road. Osterville. MA in an RC Residential C Zoning District and a BA Business A District. 8.45 PM OiGlishen Appeal Number 2000.35 James OiGiishen has applied to the Zoning Board of Appeals for a Use Variance to Section 3.1.1 to allow use of a four(4)family residence. The property is shown an Assessois Map 307. Parcel 227 and is commonly addressed as 143 Chase Street,Hyannis.MA in an RB Residential B Zoning District These Public Hearings will be held in the Hearing Room-,Second Floor.Town Hail,367 Main Street,Hyannis.Massachusetts on Wednesday.April 26,2000..AA plains and applications may be reviewed at.the Zoning Board of Appeals Office, Town of Barnstable. Planning Department.230 South Street.Hyannis.MA Ron Janson.Chairman Zoning Board of Appeals r The Barnstable Patriot April 6.2000 a April 13. 2000 • a ooc) a TOWN OP T�' SARNST88_. 6R APPR�P �C R T HT s �E CANT T�� Zoning Board of Appeals Amlicati on for a 3oecial Pe=it MODI FPer office use Date Received � D: Town Clerk Of:ies k¢ Appeal # ,Q ! $airing Date {a{{e � 2 '� 2D. =Decsion Due •i. 7 § -� Gj TOWN OF BARNSTABLE Modification of The undersigned hereby applies to the _ •ZON 0 P for�,a special ' remit, in the manner and for the reasons hereinafter set forth: f' . A p_alicant <Names aked 0v ster ,Inc. Phone 508-775-2386 Apal=cant Add.-ass: 67 Fire Station Road, Osterville, Massachusetts -02655 property LocatLoa-� cte-p-en-deice Drive, -Hyannis, Massachusetts 02601 Prope�'y owner: Park Place Realty ,. phone 508-280-3399 Address of-owner: 139 West Bay Road, Osterville, Massachusetts* 02655 Zt spplteaat ditlsrs Zz%= eerier, state aatare at.intsresev Prospective Tenant lumber of leas owned: Two (2) Assessor-s Hap/Parcel Number: Map' 294/Parcel--62 Zoning Dist=ict: Ind/Bw/HiQhwav Bus, Groundwater Overlay. District: GP special Permit Requested: Modification of Special Permit No. 1998-82 ==a Sec-t-ton =r-Le ar 'the zoning ordinance Desc_ipt:oa Of AC-'-ivity/Reason' for Request:Applicant seeks to midi fg rnnrli ti nn ntn 1 in Appeal Number 1998-82 modifying Appeal Number 1997-47A. Condition No. 3 limited the restaurai use to a Coffee Shop "not to exceed 2.,000 gross square feet and not to exceed 50 seats." Applicant is <oPking permission for a 160G'sgilare foot restaurant with a har tntalli'ng 72 seats. Desc=iptioa cf ;onstzuction, AC-..ivity .(if applicable) : Interior finish work for .restaurant; 8'x10'• Walk-In Cooler; 6' Stockade Fence around dumpster, and small area of additional paving behind building. proposed Gross F1oor'Area to be Added:.. N/A Altered: 1600 square feet One (1) Ezisting Level of. Development of the Property - Number of Buildings. present Use(s) : Office/Vacant , Gross Floor Area: 91972 ' sq. ft. AppZ3cat4on for Speciat' Parmit. in the property located is as Historic D .istrict? Yes [] .. No Zf ea [�9 ORB .II Y Use O sin. Plan Rev w ber Date Approved is the building a designated Historic Landmark?Zf Yes' No Yes Historic Preservation Denartaent Use Data Approved Have you applied for a building permit? ?es E 1 No Bas the Building Znspector refused a pe= it? Yes All applications for a special Pert re process must be successfully completed 8 an. approved Site Plan. That to the Zoning Board of Appeals. tz sutmit+.r.ag 'this application For Baildinc Denartment Use only: Not Required - .Single Family [J sits Plan Review Number Data Approved Signature The* following infomation must be submitted with the application at the request: time of filing, failure to supply t=i9 may r$sult in a denial of your . Three. (3) copies of the completed applicatiazt farm, each with arigiaal signatures. Five (5) copies 'of a certified praper-ty survey (Plot plan) showing the dimensions of the land, all wetlands, water bodies and surrounding roadways and the location of ..the' wd sting improvements on the land. Five (5) copies of a proposed site improvement plan, drawn by a certified professional.and approved by the Site Plan Review committee is required for all proposed development activities. This plan must show the exact location-Of all proposed improvements and alterations on the land and to structures.. See Contents of Sits Plan•,. Section 4-7.5 of the Zoning ex%inanow for detailed requirements. The applicant may submit any additional m ppor'ting docents to ' assist the Board in making it dote mm4nat10 oa. Signatures �- _ Date Applir t Agents =gAa re. Agent•s Address: Phone -Sze 7%/-T3 0 1550 FALMOUT : CENTERVIL , ,& Fax No. 6 Town of Barnstable Planning Department .Staff Report Naked Oyster, Inc. -Appeal Number 2000-33 Modification of a Special Permits Number 1998-82& 1997-47A Date: April 17, 2000 To: Zoning Board of Appeals From: Approved By: Robe . chernig, AICP, Planning Director Art Traczyk, Principal Planner Applicant: Naked Oyster, Inc. Property Address: 20 Independence Drive, Hyannis, MA Assessor's Map/Parcel: Map 294, Parcel 062 Zoning: IND Industrial, B Business, and HB Highway Business Zoning Districts Groundwater Overlay: GP Groundwater Protection District Filed:March 24,2000 Hearing:April 26,2000 Decision Due: Background: As.the Board may recall, in 1998, Special Permit No. 1998-82 was issued to Daniel M. Griffin for the development a 2.24 acre parcel located at the intersection of Independence Drive and Route 132. The permit allowed for a 9,972 sq.ft mix use building to be used for retail, offices and a restaurant(coffee shop) located in the Industrial, Business and Highway Business Zoning Districts. The permit authorized the Conditional uses of retail and restaurants in the Highway Business District. The Industrial and Business Districts permits those uses as well as the office use as-of-right'. The building was cons tructed ucted and is used today by: • 1,600 sq.ft. office-SunCom-communication service office catering to business communications • 6,000 sq.ft. office-Arbella Insurance Offices • 500 sq.ft. storage area (second story) • 272 sq.ft. building utility room • 1,600 sq.ft. -proposed restaurant use The applicant is before the Board seeking to modify Special Permit No 1998-82, Condition No. 3 which limits the space, seating capacity and nature of the restaurant use to that of a coffee shop. The condition reads: "3. The Coffee Shop is not to exceed 2,000 gross square feet and not to exceed 50 seats." Staff Comments: John Kenney, Attorney for the applicant, has submitted a well stated memorandum explaining the request and suggesting possible findings. It is important to note that the nature of the two business uses on the site cater mostly to other businesses and for the most part are not repetitive draws. They are destination businesses and generally are not in need Note-Special Permit No. 1998-82 was appealed on July 7, 1998 by Bombam Associates Limited Partnership that appeal was not pursued and a Stipulation of Dismissal was agreed upon and filed on October 12, 1998. The Town Clerk verified the dismissal on November 12, 1998 authorizing the Special Permit. Town of Barnstable-Planning Department-Staff Report Naked Oyster,Inc.-Appeal Number 2000-33 `Modification of a Special Permits Number 1998-82&1997-47A y , of repetitive trips to their offices for customer services. The parking is more than sufficient and may even be excessive for those uses now located in the building. The proposed restaurant establishment is not a chain restaurant. That should be considered a welcome diversity to this area. Suggested Condition: If the Board should find to grant the modification it may wish to modify Condition 3 to read as follows: • The restaurant/food service space is not to exceed 1,600 gross square feet and not to exceed 72 seats. Attachments: Applications Copies: Petitioner/Applicant Assessor's Field Cards GIs Map 2 n 7 Park Place Realty LLC 139 West Bay Road Osterville, Ma 02655 March 23, 2000 Town of Barnstable Zoning Board of Appeals 367 Main Street Hyannis, Ma 02601 RE: Naked Oyster, Inc. 20 Independence Drive,Hyannis, Ma 02601 Dear Mr. Chairman and Members of the Board: This letter shall confirm that Naked Oyster, Inc. is authorized by Park Place Realty LLC, the owner of the real estate known as 20 Independence Drive, Hyannis, to apply for a Modification of Special Permit in Appeal Number 1998-82. Very truly yours, P ce Realty LLC BY: Daniel . Griffin, Jr., A Manager duly authorized The Town of Barnstable 'y Department of Health Safety and Eavimnmental Services Building Division 367 Main Street Hyazmis MA 02601 Office: 508462-403S Fax: 509-790-6230 R*h Crosmen Building Commissioncr March 230 20000 P' s OR230 Mr.David Colombo . Roadhouse Cafe jpWN OFNABIE 483 South:Street ZONING BOARD OF APPEA . xyam d,Ma. 02601 Re: SPR 039-2000,Park Place,20 Independence Hyannis,Hyannis(R294-062) Dear Mr.Colombo; Please be advised that the Site plan Review'committce has processed your application administratively and"roved your proposal to establish a 72 seat restaurant with a bar as indicated on the plan you submitted March 1Sth. Be advised that you are required to file with the ZBA in order to am issued for this site. end the special permit Sincerely, Ralph Crossett Building Commissioner. Naked Oyster, Inc. Parking Calculation USE SQUARE FOOTAGE/CALCULATION REQUIRED SPACES Office 6,000 square feet 1/300 square feet of gross floor area 20 (6,000_300=20) Office 1,600 square feet 7 1/300 square feet of gross floor area (1600 z-300—5.33) (Plus 1/Separate Suite) Restaurant 1600 square feet 28 1/Every 3 seats+ 1/Every 2 Employees (72 Seats_3 24 8 Employees=2=4) Storage 500 square feet—2nd floor 1 (1/700 square feet of gross floor area) Utility Room 272 square feet 0 Total Spaces Required 56 Total Spaces Provided 56 i Property Location: RTE 132&20 IND DR HY MAP ID: 294/062/// Or Vision ID: 23528 Other ID: Bldg#: 1 Card 1 of 1 Print Date:04/19/2000 t 3 sl..�,,,�e`�:w Ak'2 ,e, Description Codepraise a ue Assessed value 39 WEST BAY RD ' 801 STERVILLE,MA 02655 Barnstable 2000,MA s:gip 9 a a . ccoun an K e. Tax Dist. 400 Land Ct# er,Prop. Not VISION Life Estate DL 1 Notes: DL 2 GIS ID: lWal , •, . Oy air ..R.3€f... 1..5 4:..5 a...,...e ,.,..i..', F.... ,..,....xf e. , .e`f",:: a.,.e... !., ., n,- ., " ;. £F � �„:!:k P' (._... � r. "o gm. Assessed value Yr. o e Assessed value Yr. ode ssesse Value HIOTELLIS,LAVINIA M TR 7899/093 03/15/199 U V B , HIOTELLIS,PHILIP N 7436/207 02/15/199 U� V 17950 B IE IP TRO GERA D L B& 4559/225 06/1 5/198 V 558,004 EPENDENCE PARK INC 2217/277 Q 8, a a a ,... ., x _3 aA ff , :� o- .r .K ,...: ;,a`fi r t a" is sign a signature aC now ges a visa y a ata O ector of ssessor Year jypelvescription Amount Co—de- Description Number Amount Comm.Int. Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 TO Appraised OB(L)Value(Bldg) 0 �1g) 5 Appraised Land Value d 562,400 Special Land Value TOPOGRAPHY/COND. *LAND ADJUST.FOR Total Appraised Card Value 562,40 SIZE/SHAPE Total Appraised Parcel Value 562,40 Valuation Method: Cost/Market Valuatio e otal AppraisedParcel Value 562,4UU ...,:1, .,.>. ,... .? ,'!?e".. .,Y .:..._ ., � .. , ,: wx.��i� ,.»ra—sue ., :%-f ;'� S 'e: 0..-u.. ''•.�i .. ,.,. . .,_..,.<,-�.... *�.� ,.. ,.., x�>.._,.�..... .�,� ^ ."":. a < � Permit issue ate ype escriptton moun Is . ate o omp. ate omp. Comments ate urpose esu t a Y,,, ;; a ... .,. ,.r...,:. ,. ..r�:.�•.�....,.,..�.. ARM—,4:::;..£<. a..a =.<.,..,ss+.:�rvw.. .u,..:: Use Code escrcption one rontage Depthnits nit rice actor actor Nbhd. A aj. Notes-Aaj1,)Pecuu Pricing A af. Unit Pr,ce Lana value 1 3900 DEVEL LAND HB 4 0.2C AC 1,000.0 LOC E 1.0 HY01 2.9 PCL(.20,U16)Notes:16 IWET 2,930.0 �60 10tal Lanant 6Fff Lanaa u 562,4U Property Location: RTE 132&201ND DR HY MAP ID: 294/062/ Vision ID:23528 Other ID: Bldg#: 1 Card 1 of 1 Print Date:04/19/2000 < k F q � k S D F .. ,as.�..'-�.. s.s..,... ..,., � ,.�_. ,. wAs Element Description ommercta a a Memenrs Style/ ype 99 VacanfT-A-n-d- Element Ca. OF Description Model 00 Vacant fleat Grade Frame Type Stories Baths/Plumbing �te,i,r cupancy eiling/Wall ooms/Prtns Wall 1 /°Common Wall 2 Wall Height oof Structure oof Cover nterior Wall 1NN - 2Element„ a e Description actor nterior Floor 1 omp ex 2 Floor Adj Unit Location eating Fuel eating Type Number of Units C Type Number of Levels /o Ownership Bedrooms Bathrooms l lta ,,..- 0 ° -, ..,rYaT n dj.Base Kate Total Rooms ize Adj.Factor .00000 ade(Q)Index .00 Bath Type dj.Base Rate .00 Kitchen Style Idg.Value New ear Built ff.Year Built rml Physcl Dep uncni Obslnc con Obslnc r 3 peel.Cond.Code - a. ; pecl Cond% o e V escri tion ercen.ta a verall%Cond. eprec.Bldg Value e o e Description Llff ni UnitPrice Yr. DP At 'lo(;na I Apr. value >. s 14,Code Description LivingArea Ciross Area L ff Area Unit Cost undeprec. value r. t. ross Liyli ease Area Blag Val:11 ` f 1 f I B,ANGKOK HYANNIS INC . Uf � TLAN 20 INDEPENDENCE DRIVE -7 . 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