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HomeMy WebLinkAbout0973 IYANNOUGH ROAD/RTE132 ��� ��tiy �� �� ���- �� Town of Barnstable amerM t Zoning Board of Appeals Laura F. Shufelt, Chair ,�;;�•`� 200 Main Street, Hyannis, Massachusetts 02601 Phone(508) 862-4785 Fax(508)862-4784 Growth Management Department 367 Main Street, Hyannis, MA 02601 Patty Daley, Interim Director September 25, 2008 Mr. Scott Chad ry c 758 State Highway Eastham, MA 02642 rn Nco Reference: Return of materials presented to this office. . Dear Mr. Chad, Enclosed please find your application and check #3312 in the amount of$200.00 which`was submitted to this office. The materials are being returned to you as they are not properly filed nor provide sufficient standing in order for staff to take action for a legal notice to issue on behalf of the Zoning. Board of Appeals. As I have discussed the situation with Mr. Stuart Bornstein on September 9, 2008, the first issue that must be dealt with is the modification of existing Special Permit No. 1984-115 issued for the development and use of the property at 973 lyannough Road, Hyannis. That modification is needed in order to request removal of the condition that states that "No Restaurants or Food Establishments"' be allowed on the property. That request can only be made by the owner(s) of the entire property which is Newmarket Place LP and One Village Market Place LP. Those entities, as I understand it, are essentially owned by Mr. Bornstein. Also, as this building is now business/office condominiums, a letter from that condominium association is required which consents to the application to be before the Board. The fee for that application is $200.00. The second part of this proposal appears to be securing a Conditional Use Special Permit for the 120 seat restaurant with food take-out, as per Section 240-25.C(1) of the Zoning Ordinance. As I see it, that permit is to be sought by you as Scott Chad (perhaps d/b/a Moe's Southwest Grill) and is for a particular unit within the building. The exact unit of which I cannot identify. A letter from the owner of the unit, Newmarket Place LP or One Village Market Place LP, needs to accompany the application for the Conditional Use Special Permit needed. As I noted, I cannot identify the unit and therefore, cannot identify who the exact owner is. Proof of standing also needs to be provided with the application such as a signed lease agreement, signed agreement to lease or a letter from the owner of the units consenting to the application. As this is a condominium situation, the condominium association also needs to consent to the application. The fee for that application is $300.00. I have one other observation to share. It appears that this site may deficient of approximately 40 parking spaces if the proposed restaurant of 120 seats is permitted. I have used this as estimation as I cannot exactly tell from the reduced site plans submitted. One should perform a parking calculation for the entire building which would include the proposed restaurant use and determination if sufficient on- site parking exists pursuant to Section 240-56. Should relief from the required on-site parking be necessary, an appropriate application should be considered. Res ectfully, Arthur P. T aczyk, Regulatory/Design Review Planner Copy: Stuart Bornstein Laura F.Shufelt,Zoning Board of Appeals,Chair Tom Perry, Building Commissioner, Patty Daley, Interim Director,Growth Management Department Ellen Swiniarski, Regulatory Review Coordinator, Planning Board Ruth Weil,Town Attorney